WEBSITE TERMS OF USE AND PRIVACY POLICY
TERMS OF USE WIOLETAZYSK.PL
Legal Information & Notices
§1
General Website Terms of Use
1. This Website wioletazysk.pl (hereinafter referred to as “Website”) engages in retail selling via the Internet under the “Store” tab (hereinafter “Store”) based on the present Terms of Use.
2. WZ Wioleta Zysk is the Owner of the Store and the administrator of the personal data of Clients.
3.Using the services of this Website is tantamount to accepting these Terms of Use, which constitute an essential part of the sales contract concluded with the Client.
4. This Website can be accessed by devices connected to the Internet.
5. . Prices given on this Website are gross prices including value added tax (VAT) at the rate applied under the relevant law.
6. The Owner declares that the goods available in the Store are free from physical defects.
7. The Terms of Use define the terms on which this Website operated by the Owner can be used by the Users, including the Buyers.
8. The Terms of Use can be accessed on the Website throughout the period during which this Website is active, in a visible and readily accessible place from which the Terms of Use can be retrieved, recreated, and stored.
9. Only entities who are natural persons with full legal capacity are authorized to use the resources of this Website.
10. Physical person with an incomplete capability for legal actions may use the contents of this Website through the intermediary of persons authorized to act on their behalf, subject to these Terms of Use.
11. To register on the Website, the User is required to provide true, accurate, current and complete information. Data provided by the User cannot violate the provisions of the current law, personal rights and rights of third parties, and must be in accordance with the facts.
12. The User shall not disclose their login and password used to log on the Website to any third parties.
§2
Registration and Orders
1. The User has the option to register their user account when entering data required to process the order.
2. The User can register at any time during the operation time of the Website, except for the downtime period required of maintenance or caused by force majeure circumstances. To register, the User is required to enter a correct e-mail address and a password which should be as complicated as possible. An e-mail message containing instructions on how to confirm the registration will be sent to the e-mail address provided. After registration and logging onto the Website, the User shall be required to enter full contact data under the tab “My Account” or during order processing. Payment address and shipment address can be set under the tab “My Account”. The “Payment Address” option is the reference contact information and the address to which the order will be shipped. If the order is to be sent to any other address than the payment address, the User shall be required to enter a different address in the “Shipment Address” section.
3. A contract shall be deemed to have been concluded after providing the necessary data and registering the account on the Website.
4. The User is required to update their personal data on the Website to ensure that the orders are processed correctly. Data should be updated before the completion of the ordering process.
5. At the time of registration, a User Account is created on the Website, in which user information is collected and user activity within the Website is recorded pertaining to the contracts concluded. In their User Account, the User can browse the history of their orders and purchases done in the Store, and all personal data entered during the registration, including addresses, bank account numbers, as well as contact and personal data.
6. An order shall be completed on the condition that the Client provides their contact data which are factually correct and allow for the collection of the goods ordered.
7. Confirmation of the acceptance of the order, payment, and shipment of goods shall be sent to the Client’s e-mail address provided or, in some cases, it shall be provided by phone, based on the data provided during the registration. Orders submitted without using the electronic form can be processed via contact form under the “Contact Us” tab or by phone, by contacting the telephone number provided under the tab “Contact Us”.
8. The details provided in the description of products sold in the Shop, such as the price, specification, components, delivery timeframes and, when the order is validated, also the delivery method shall be binding for both contracting parties.
9. Information posted on this Website does not constitute an offer pursuant to the Civil Code. The order placed shall be deemed to be an offer to purchase the goods. A sale contact is entered into upon acceptance of the order and upon receiving an e-mail confirmation that the transaction was successfully closed.
10. Goods are purchased in the Shop by putting the selected Goods into a virtual cart, which is a tool provided for illustrative and visualization purposes. Goods added to the cart may at any time be updated or removed very easily. The contents of the cart reflect the goods which the Client intends to purchase and the costs of purchase of the goods selected.
11. Goods added to the Cart may be subject to a discount if the Client has a discount coupon and enters its number in the space provided. After the discount coupon number is provided, the value of the cart shall be reduced by the amount of the discount.
12. After the final selection of the goods that the User intends to purchase, the User navigates to the “Order Details” section via the key “Go to checkout”, where the User is able to verify or enter the shipment data, if not provided, and to select the payment and shipment methods.
§3
Payments
1. Payments for the goods that the Client purchases in the Shop, i.e. the price and costs of delivery, are performed using the payment tools provided in the Shop and on the terms and conditions stipulated by the Seller.
2. The costs of delivery of the goods are specified separately, in the cart preview and during the ordering process. The costs of delivery are stipulated in the “Payments and Delivery” section.
3. The goods are released after the payment due for the orders is completed (the price of goods and the costs of delivery).
4. The costs of delivery depend on the delivery method selected by the User during the ordering process, and the specifics of the goods delivered. No delivery costs shall be charged on virtual goods, such as PDF files or e-books or videos.
5. The Website reserves the right to change prices of goods in the Shop and the costs of delivery, in response to modifications in pricelists of providers of courier and other transportation services
§4
Shipments
1. The Website sends the ordered goods through delivery companies or the Polish Post Office, according to the delivery method selected by the User during the placement of the order
2. Virtual goods, including PDF files or e-books or videos, have no physical form and are sent to the e-mail address provided during the registration, immediately after the payment is effected for the order.
3. In case of prepayment, the date of dispatch of physical goods depends on the date of crediting the due amount, which is contingent on the method of payment.
4. The lead times of orders of physical goods shall be 24h to 48h (business days), no longer than 30 days from the date of the contract, as per Journal of Laws 2000 No. 22 item 271.
5. W przypadku niemożności realizacji zamówienia z powodu uszkodzenia towaru bądź innych przyczyn losowych, niezwłocznie, lecz najpóźniej w terminie 30 dni od zawarcia Umowy, Strona wioletazysk.pl poinformuje o tym stanie rzeczy nabywcę i zwróci wszelkie poniesione przez niego koszty produktu oraz dostawy (jeśli wybrana forma dostawy obejmowała przedpłatę.)
If the order cannot be processed by reason of damage of goods or other force majeure circumstances, the party wioletazysk.pl shall immediately, within 30 days of the date of the contract at the latest, notify the Buyer thereof and shall reimburse all costs of goods and delivery incurred by the Buyer (if the order was pre-paid).
6. If the Seller may not fulfil the Seller’s obligations, for example for reasons of being unable – albeit temporarily – to deliver on the declared properties of the order placed by the Client, the Seller may dispense with the obligation by providing a replacement service of the same quality and intended use and against the same price or remuneration, while notifying the Client in writing about Client’s right to refuse to accept this service and terminate the contract, upon which the goods are returned at the expense of the Seller.
§5
Complaints
1. A complaint will be accepted only if a proof of purchase is presented, such as a bill, an invoice, or a proof of payment. The Buyer is under a statutory obligation to prove that the complained goods have been purchased from a particular Seller.
2. Using the contact form, by letter, or e-mail, the Client shall describe the defects in the goods acquired and – if physical goods are subject to the complaint – they shall send the goods in a non-cash-on delivery to the address provided by the administrator.
3. The website wioletazysk.pl shall review the complaint within the statutory period of 30 days.
4. If the complaint is accepted, the costs of delivery of new physical goods shall be covered by the party wioletazysk.pl.
5. Information necessary for the processing of complaints:
- full name, address, e-mail, and phone number of the Buyer,
- date of purchase of the goods subject to the complaint,
- subject-matter of the complaint,
- all circumstances justifying the complaint, including the demands of the Buyer.
6. The outcome of the complaint review shall be notified to the Buyer by e-mail or by post, based on identical terms which apply to the complains of goods or services.
§6
Right of withdrawal
1. Because of their specific nature (they cannot be returned), virtual products are exempt from the right of withdrawal from the contract. The Client will not be able to cancel order after the payment for the product has been effected.
2. Before buying a guide in electronic or PDF format, the Client should make sure that the device which the Client intends to use to reproduce the purchased item supports the format of the product.
3. Under the Act on the protection of some consumer rights and liability for damage caused by dangerous products of 2 March 2000, in case of physical goods, the Client has the right to rescind the sales contract concluded remotely within 10 days from the date when the goods were collected. The Client shall notify the Website within this period of their intention to withdraw from the sales contract, by letter, e-mail, or by sending a parcel containing the goods returned to the address of the Shop
4. The Client has the right to withdraw from the contract within the prescribed period, without having to provide reasons for this decision.
5. The Client shall return the goods to the Shop within 14 days of notifying the Shop of the decision to withdraw from the contract. The returned goods cannot be damaged or wear any trace of use other than attributed to Client’s inspection of the goods. The relevant law allows for the characteristic wear of the goods that may be attributed to normal processing of the goods, i.e. which may be generated when the Client checks the performance of the product and if the product fulfils the expectations of the Client. The goods should be returned in the original packaging.
6. The Shop shall return to the Client the full amount paid by the Client for the product returned, to the bank account provided by the Client, within 14 days.
7. If the Client violates the terms set out in Paragraph 5, the Client shall not be entitled to claim the right to withdraw from the sales contract.
§7
Intellectual property
1. Under the provisions of Act on copyright and derivative rights of 4 February 1994, all rights to the materials are held by the Shop. Their reproduction and distribution in any form is prohibited. The proprietary objects of copyright protection are as follows: photographs which are the personal property of the website wioletazysk.pl, graphic design, logos, content, as well as images and descriptions of goods.
2. The usage by third parties of the materials referred to in Para. 1 and the layout and structure of the Shop are prohibited except where the usage of proprietary object of copyright protection is permitted pursuant to an explicit written consent of the company WZ. It is not permitted to copy, reproduce or distribute the information which is a proprietary object of copyright protection under the Act on copyright and derivative rights, and specifically to attempt to copy the layout of the Store in the Internet
§8
Technical downtime
1. The Seller shall not be liable for inaccessibility of the Website caused by force majeure circumstances, such as lack of access to the Internet, hardware failure (including failure of servers on which the Store is running), etc.
2. The Website reserves the right to interruptions in access to the Store due to its technical service and maintenance work or script updates.
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§9
Entry into force and amendments of the Terms of Use
1. Terms of Use enter into force on 01.08.2016. The Owner reserved the right to amend these Terms of Use, which the Owner will expressly made known on the main page of the Store. The amended version of the Terms of Use shall only apply to Clients who place their orders after it was published. Other Clients shall be bound by the previous version of the Terms of Use. New Terms of Use shall take effect on the date specified by the Shop, no later than within 45 days from the date they are published.
2. If the User refuses to accept the new Terms of Use, they have the right to terminate the contract for the provision of services.
3. In any matter not covered by these Terms of Use, the provisions of the generally applicable law in Poland shall apply, and specifically the provisions of the Civil Code, the Act on personal data protection, the Act on provision of services by electronic means, and the Act on the protection of some consumer rights and liability for damage caused by dangerous products. In matters related to the use of PayPal services in the Store, the provisions of the PayPay Terms and Conditions shall apply.
4. Any disputes arising between the parties shall be resolved by competent common court.
Personal data protection.
The company WZ Wioleta Zysk stores and processes personal data for the processing of orders on the website wioletazysk.pl in accordance with the consent granted by the Clients and the Act of 29 August 1997 on the protection of personal data (Journal of Law Dz.U. No. 133, item 883 as amended). By registering to the Shop, the Client consents to the processing of their personal data to the extent stipulated hereinabove. The disclose of personal data is voluntary.
Wszelkie przekazane firmie WZ Wioleta Zysk dane osobowe mogą być w dowolnym momencie przez Klienta modyfikowane lub też na prośbę usuwane z bazy danych zgodnie ze wspomnianą wyżej ustawą. Administrator strony wioletazysk.pl zobowiązuje się do pełnej realizacji postanowień ustawy o ochronie danych osobowych w tym ich dostępu oraz kontroli przetwarzania. Ponadto firma WZ Wioleta Zysk zobowiązuje się do przechowywania ich w sposób nie zagrażający upublicznieniu, a dostęp do nich posiadają wyłącznie pracownicy strony wioletazysk.pl.
According to the Act referred to hereinabove, all data disclosed to WZ Wioleta Zysk may be changed by or deleted from the database at any time at the request of the Client. The administrator of the website wioletazysk.pl shall comply with the provisions of the Act on personal data protection, including provisions on the control of access and processing. Moreover, WZ Wioleta Zysk shall store the data in a manner which protects it from being disclosed to the public, and access to data shall be limited to the employees of the website wioletazysk.pl.
The website wioletazysk.pl shall not transfer or sell any personal data to third parties, except for public bodies in connection with any pending proceedings, and to third parties who provide services related to the performance of the contract between the Buyer and the Seller, on behalf of the Seller, including:
- Companies which provide the services of electronic payments
- Banks which are recipients of money transfers related to the performance of the contracts concluded.
- Operators in charge of processing shipments and deliveries of the ordered goods.
Cookies Policy.
The website wioletazysk.pl uses cookies solely for statistical analysis in order to tailor its offer and content to the preferences of the Client and to streamline the general customer service in the Shop. Temporary files stored by the website wioletazysk.pl in the memory of a browser. The Client can disable the cookies at any time, using browser settings.
Promotion materials
Promotion materials information, coupons and discounts sent to Clients shall only apply to the goods posted on the website wioletazysk.pl. By subscribing to the newsletter, the Client agrees to being sent the advertising content referred to above. Subscription can be terminated at any time.
