On-line Shop Regulations

    On-line Shop Regulations

Glossary:

1. Seller - Firma Handlowo Usługowa „FUN WATER WORLD” Radosław Chorabik, with its registered office in Tarnów, 
ul. 3 Maja 6/28, 
REGON (National Business Registry Number) 85024449, NIP (Tax Identification Number) 8730208823,

2. Customer – natural person who turned at least 13 years, although if the person is under the age of 18, approval of their statutory representative is required. A customer is also an organizational entity which is not a natural person, but has a legal capacity based on specific regulations, and which is ordering or is intending to place an order or is using any other services provided by On-line Shop (including Consumer)

3. Online Shop / Shop – internet service available at WWW.WODNEHARCE.EU, where a Customer can purchase Goods from a Seller.

4. Goods – movable objects presented in On-line Shop, that can be subject of sales contract

5. Registration Form – service available at the Shop's website, in which the Customer fills in their personal data to create User’s Account, by which it is possible for them to purchase Goods.

6. Order Form - service available at the Shop's website, in which a Customer who does not have User’s account can purchase Goods.

7. Regulations – present Online Shop Regulations.

                                                                          I. General provisions

1. The Online Shop  WODNEHARCE.EU is run by   Firma Handlowo Usługowa „FUN WATER WORLD” with its registered office in  Tarnów, ul. 3 Maja 6/28, REGON (National Business Registry Number) 850244497, NIP (Tax Identification Number) 8730208823.

2. Present Regulations describe the rules for drawing up Goods Sales Agreements between The Seller and Customers  by means of distance communication forms as well as the rules of using the On-line Shop available under  WWW.WODNEHARCE.EU.  

3. Within the scope of services rendered electronically, the hereby document constitutes Regulations referred to in article 8 of the Act on Rendering Electronic Services of July 18, 2002. (Dziennik Ustaw [Journal of Laws] No. 144, item 1204 as amended). The Regulations are addressed to all Customers of The On-line Shop. A Customer is obliged to obey all the provisions of the Terms and Conditions. Sale process is performed only on the basis of the version of the Regulations which is in force during the ordering process.

4. All information included on the website of the Shop, concerning any goods (including prices) does not constitute commercial offer within the meaning of the article 66 of the Civil Code, but they are understood as invitation to conclude the agreement defined in the article 71 of the Civil Code.

5. Information concerning price on the Shop's website shall bind since the moment of receiving an e-mail message by the Customer, as stated in provision III, item 5 of the Regulations. After the order has been successfully placed the price will not change regardless of changes of prices in the Shop, which can occur with regard to individual Goods.  

6. Pictures of Goods are placed on the Shop's website as examples and their purpose is to present specific models.

7. Customers have right to purchase Goods at the On-line Shop regardless of whether they completed registration process by filling in Registration Form and set up their profile.  

8. To consider order placement as effective, it is necessary to submit precise address information by the Customer as well as indicate the telephone number or e-mail address where the Seller can contact the Customer.

                                            II. Scope, terms  and conditions of  the Online Shop

1. Becoming acquainted with the hereby Terms and Conditions and accepting them is necessary to use services of the On-line Shop. By placing an order, the customer accepts the contents of the Regulations.

2. Information given in the Registration Form and in the Order Form should be true and accurate. In case of giving untrue or out-of-date information, the Seller is not obliged to accomplish the Order.

3. The Seller takes all possible technical and organizational measures to prevent acquiring and modification of data filled in during registration and ordering processes by unauthorized people.  

4. Customer is in particular obliged to:

a) make use of the services offered by the Seller in the way not causing any disruption in the On-line Shop functioning, especially by using certain software or devices;

b) not to initiate any actions aiming at entering non-public information owned by the Seller;

c) make use of services offered by the Seller in accordance with law regulations valid within the territory of the Republic of Poland, provisions of the Regulations and manners accepted within the scope.  

d) make use of services offered by the Seller in the way non-offensive to other Customers as well as to the Seller, respecting their personal rights (including their right to privacy) and other rights they are entitled to.  

e) make use of all contents being part of the Online Shop only for one’s personal purposes.

5. The Seller is allowed to deprive a Customer of the right to use the service if the data filled in the Registration or Order Forms are untrue, or in case of infringement of obligations listed in point 4. The Customer who has been deprived of the right to use the On-line Shop service cannot register again without prior permission of the Seller.

6. Effective placement of the order is possible only in the event of availability of the good chosen by the Customer in the storehouse. The information concerning availability can be found on the webpage referring to the specific Good. In case of ineffective order, resulting from inconsistency of information placed on the website with factual inventory, the Customer shall be informed about that fact and shall have the right to change the order in whole or in part. If it is impossible to complete the order due to  lack of the chosen goods, the Seller has the right to withdraw from the agreement, and the order will be cancelled in whole or in part. The Customer shall be informed via e-mail (to the address provided by the Customer) about cancellation of the part or the whole of their order. The payment made by the Customer for the ordered goods that cannot be delivered shall be paid back by the Seller within 7 days from the day of effective notification of the Customer that the order cannot be completed.     

                                                                           III. Order placement.

1. Orders of the goods available at the Online Shop are placed via Order Form which can be found on the Shop’s website.

2. Order placement via the Order Form is possible round-the-clock, seven days a week. Orders placed on weekdays after 1 p.m., on Saturdays, Sundays and holiday will be processed not earlier than on the next working day. Shipments are sent till 1 p.m.  

3. In case of completing registration process by a Customer at the On-line Shop, placing an order is performed by logging in on the Shop’s website, adding chosen good to the basket and confirming one’s will to place the order. In the event of lack of registration, to place an order it is necessary to add chosen good to the basket, complete all required data necessary for shipment in the Order Form and complete other technical actions based on messages and information displayed to the Customer.

4. Confirming the order by the Customer (acceptation by clicking the button “Place your Order”) constitutes Customer’s offer for Firma Handlowo Usługowa FUN WATER WORLD Radosław Chorabik , in accordance with the Regulations.

5. Having sent the order , the Customer receives confirmation of acceptance of his offer via e-mail (Confirmation that the order has been accepted for execution), to the e-mail address indicated before. After receiving the above Confirmation the sale agreement of ordered by the Customer goods is considered as valid.

6. Customer has the right to cancel the order before they receive the Confirmation that the order has been accepted for execution form the Seller. The declaration of will concerning cancellation of the order should be sent to the Seller via e-mail to the following address: wodne.harce@gmail.com.  

                                                                     IV. Payments and prices.

1. All the prices on the On-line Shop’s website:

a) are given in PLN (Polish Zlotys)

a) include VAT tax 

b) do not include information about shipping costs.

2. The price given at every good is binding since the moment of receiving by the Customer the Confirmation that the order has been accepted for execution.

3. A Customer has the right to choose the method of payment for the good they have ordered.

a) by cash, to the person acting on behalf of the shipper to whom the Seller entrusted the task of  delivery of the good ordered (cash on delivery)

b) by bank transfer before delivery. In the event the Customer selects method of payment by bank transfer – prepayment, lack of payment to  Firma Handlowo Usługowa FUN WATER WORLD Radosław Chorabik bank account within 2 days from placing the order will cause the cancellation of the order.

4. The Seller reserves the right to make changes in prices of Goods, pursue and cancel promotions and sales or introduce any changes in them. Above mentioned authorization has no influence on Goods’ prices in orders placed before the day prices change or terms of promotion and sales go into effect.

5. On-line Shop promotions cannot be linked, unless the Regulation states so.

                                                                        V. Order processing.

1. After receiving the order Confirmation by the Customer, order processing is started.

2. Order processing time should take from 1 to 3 workdays and it depends on:

a) Selected method of payment – in the event of choosing “prepayment”, order processing starts after payment for a Good and delivery has been booked on the Seller’s account

b) Good’s availability;

Time mentioned in point 2 above can be exceeded due to possible difficulties with order processing

3. A Customer bears the costs of delivery, which is added to Good’s price

4. Products are delivered to the given address on the territory of Republic of Poland via UPS shipping company. Estimated time of delivery by the shipper is 1 workday after the day of sending the shipment. Time of delivery may change in order to circumstances caused by the shipping company on which Seller has no influence.

5. Customer while receiving the delivery should check its condition. If the delivery looks damaged, a Customer should write a damage report in courier’s presence and send it immediately to the Seller together with eventual complaint.

6. Maximum time for order processing is 30 workdays. After this time a Customer has the right to cancel the order by sending to the Seller a declaration via e-mail.

7. Orders are processed according to the sequence they are received until the stock-out.

8. A receipt is enclosed to every order  (VAT invoice or bill of sale). If the Orderer is VAT taxpayer and wants to receive a VAT invoice, proper information should be send to the Seller, for instance via e-mail, immediately after purchase.

                                                             VI. The right to resign from agreement.

1. A Customer may resign from a remote Sale Agreement without giving any reason, by making making a proper formal declaration writing within 10 (in words: ten) days.

2. Above mentioned authorization may be accomplished by Customer by sending the declaration in writing on indicated address:  Firma Handlowo Usługowa FUN WATER WORLD Radosław Chorabik, ul. 3 Maja 6/28, 33-100 Tarnów.

3. Indicated above time for sending the declaration is counted from the day, when Goods were delivered to the Customer

4. In the event of resigning from a remote Sale Agreement, it is considered to be unenclosed and the Customer is excused from any commitments. Goods has to be returned in unaffected condition, what means that if returned Goods will have any damage, soil or there will be lack of their integral elements, the declaration of resigning from agreement will be ineffective, unless the above happened as a result of nonconformity of the Goods with the agreement within the meaning of the Act on  on specific terms and conditions of consumer sale and amendments to the Civil Code, of July 27, 2002. (Dziennik Ustaw [Journal of Laws] No. 141, item 1176 as amended).

5. Return refund should succeed immediately, no later than within 14 days.

6. Goods returned by the Customer should be properly packed  to prevent any damage during transport. Within bounds of possibility they should be packed in original packaging. Goods should be returned with complete supplies accessories and documents delivered while they were sold to the address: Firma Handlowo Usługowa FUN WATER WORLD Radosław Chorabik, ul. 3 Maja 6/28, 33-100 Tarnów.

7. A customer bears all packaging and return delivery costs.

                                       VII. Nonconformity of the Goods with the agreement. Complaints.

 1. The Seller is responsible for nonconformity of the Goods with the within the meaning of the Act on specific terms and conditions of consumer sale and amendments to the Civil Code, of July 27, 2002. (Dziennik Ustaw [Journal of Laws] No. 141, item 1176 as amended).

2. To avoid any doubts, it is stated that any of the provisions of presented Regulations does not limit the Customer’s rights they are entitled to according to the Law of The Republic of Poland. If any provisions of that kind are found, then laws applicable on the territory of the Republic of Poland shall apply, in particular provisions of the Civil Code, the Act on liability for damages caused by a hazardous product of March 2,2000 (Dziennik Ustaw [Journal of Laws] No. 22, item 271 as amended) and the Act on specific terms and conditions of consumer sale and amendments to the Civil Code, of July 27, 2002. (Dziennik Ustaw [Journal of Laws] No. 141, item 1176 as amended).

3. If it is stated that the delivered Good is not accurate with the Agreement, the Customer has the right to lodge a written complaint. The complaint should be lodged within 2 months from the day when the Customer noticed Nonconformity of the Goods with the agreement, but no later than within 2 years from the date of  delivery.

4. The cause of complaint may in particular include delivery of different Goods than ordered, inappropriate completion of order or delivery of inappropriate number of Goods.

5. In the event of making use of this right, the Complaint Form should be fill in and send to the Seller together with Goods and proof of purchase (VAT invoice or bill of sale).

6. The Seller reserves the right to 14 days investigation of the complaint since receiving the Goods from the Customer. The Seller commits himself to inform the Customer about any actions.

7. If the complaint is considered to the advantage of the Customer, there is a possibility of exchanging the faulty Good for another or return of payment to the account indicated by the Customer. The return is processed within 14 days since the complaint has been considered.

8. Customer bears the costs of delivery of faulty Goods. The Shop does not accept any packages to be paid on delivery.

                                                                       VIII. Final provisions.

1. Officially recognizing individual provisions of the On-line Shop Regulations in accordance with law as invalid or ineffective , does not determine the validity or effectiveness of other provisions. The invalid provision will be replaced by the rule that is strictly connected with the aims of that provision and the whole On-line Shop Regulations.

2. Seller reseves the right to make changes in the present On-line Shop Regulations at will. Changes in the Regulations shall become effective since the moment they are clearly indicated and placed on the Shop’s website. In case of already registered Customers, they will be binded with new On-line Shop Regulations.

3. Current On-line Shop Regulations are available on the Shop’s website.

4. The Seller is not responsible for blocking the Customer’s e-mail address from receiving e-mails by mail servers administrators as well as deleting and blocking incoming e – mails by the software installed on the Customer’s computer.

5. The Seller is not responsible for the transactions made by unauthorized third parties – people who got the access to Customer’s account as a result of Customer’s disregard of precaution rules when using their account’s login and password.

6. Online Shop Regulations shall become effective as of the date of 01.05.2013.

Warranty Claim Form

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place, date

Customer’s data:

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first name and last name ………...............................................................................................................................................................................

address

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phone, e-mail

 

Warranty Claim ..........................................................................................................................................................................................

product name, quantity

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receipt number or VAT invoice number

..........................................................................................................................................................................................

date of purchase

..........................................................................................................................................................................................

..........................................................................................................................................................................................

..........................................................................................................................................................................................

description of the problem (please be specific)

............................................................................................................................................................

Date when the problem was noticed  

Warranty claim realization:

□  exchange

□  repair

Customer returns faulty product(s) at their own cost. Paid-on-delivery parcels will not be picked up. Claims will be examined only after the product has been returned to the Seller with the signed warranty claim form and the receipt. Products which after claim examination are classified by the Seller as non-defective will be sent back to customer at their cost.

 

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date, Customer’s signature




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