Terms of service for electronic services | Winiety24.eu


Terms and Conditions of the online store winiety24.eu
Effective according to the provisions below. Document in Polish.
Terms and Conditions of the online store winiety24.eu
Effective according to the provisions below. Document in Polish.
Table of Contents
§1. General Provisions
§1. General Provisions
- The Seller provides Services in accordance with these Terms and Conditions and generally applicable law.
- The online store is available at winiety24.eu.
- You can contact the Seller:
- by mail: Prospect Group Sp. z o.o., ul. 11 Listopada 79, 44-330 Jastrzębie‑Zdrój,
- by email: bok@winiety24.eu,
- by phone: 796 683 007,
- via the contact form.
- The Seller makes these Terms and Conditions available on the Store's website and may provide them in the Customer Account or attach them to e‑mail messages containing declarations of acceptance of Customer offers. Customers can access, store, obtain, and reproduce the Terms and Conditions at any time by printing or saving them on a data carrier.
- The information provided on the Store's website does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code, but merely an invitation for Customers to submit offers to conclude a contract (Article 71 of the Civil Code).
- Technical requirements: a device with Internet access, current or previous browser version (Edge, Firefox, Chrome, Safari, Opera) with JavaScript enabled, and an active e‑mail account.
§2. Account Registration
- The Customer Account agreement is concluded for an indefinite period at the moment of registration confirmation by the Seller.
- The service includes providing an Account panel for managing data and orders.
- Registration is voluntary and free, via the form in the Store.
- A condition is to complete all required fields with true and complete data.
- Before submitting the form, you must accept the Terms and Conditions.
- The registration form is sent via the Store's functionality.
- Login is possible after creating an Account, using a login and password.
- It is forbidden to share access data and create multiple Accounts by one Customer.
- The Customer may terminate the Account management agreement at any time (Account functionality, e‑mail or letter).
- The Seller may terminate the agreement with a 14‑day notice period, respecting the acquired rights of the Customer.
§3. Reviews
- Possibility to publish product reviews in the Store.
- Submitting a review via a form (mandatory fields, rating scale).
- Review form available after placing an order.
- The Seller may require logging in and a declaration of purchase/use of the Product.
- The Seller verifies the content of the reviews for compliance with the Terms and Conditions before publication.
- In case of non-compliance – refusal of publication and notification to the author; a complaint and re-verification are possible.
§4. Orders placed via the Store
- Orders 24/7 via the Shopping Cart function.
- After completing the cart, the Customer proceeds to order fulfillment.
- Steps according to the messages in the Store.
- While placing an order, the Customer:
- enters required data (condition for finalization),
- chooses payment method and delivery method.
- Before placing an order, the total price including taxes and additional costs is displayed in the Shopping Cart.
- Placing an order (button in the Shopping Cart) = offer to conclude a sales contract for the specified Goods.
- Before sending – acceptance of the Terms and Conditions.
- Order acceptance confirmation by e‑mail (contract terms + data from the form, possibility to report errors).
- Order acceptance confirmation = acceptance of the offer by the Seller.
§5. Sale
- Distance selling service.
- Goods and their characteristics described in the Store.
- Contract: The Seller transfers ownership and delivers the Goods, the Customer receives and pays the price.
- Promotional campaigns possible until a certain date or while stocks last.
- The Seller delivers Goods free from defects.
- The contract is concluded upon confirmation of order acceptance.
- Contract language: Polish, content compliant with the Terms and Conditions.
§6. Delivery of goods
- Digital Goods are delivered to the e‑mail address provided by the Customer.
- Details of costs and delivery methods – on the Store's website and in the ordering process.
- Delivery time: 1 business day (unless shorter in the description).
- For advance payment – the period is counted from the crediting of the Seller's account.
- Delivery of Goods not earlier than after payment.
- The risk of accidental loss/damage to the item passes to the Consumer upon delivery.
§7. Payments
- Payment value according to the price list at the time of order.
- Gross prices in PLN, do not include delivery costs and payment method.
- Transaction and delivery costs are covered by the Customer.
- The total price (Goods + taxes + costs) is visible in the Shopping Cart before placing the order.
- Payment methods:
- electronic transfer (external payment operator),
- payment card (external payment operator),
- BLIK (external payment operator).
- Payment system: Przelewy24, operator: PayPro S.A., ul. Pastelowa 8, 60‑198 Poznań; KRS 0000347935, NIP 7792369887, REGON 301345068.
- Payment required at the time of order.
- Payment refunds by the Seller: immediately, maximum 14 days from the occurrence of the reason, inter alia, in case of withdrawal or acceptance of a complaint.
- Refund by the same method, unless the Customer agrees otherwise (without costs).
- No obligation to refund additional delivery costs if the Customer chose a more expensive delivery method than the cheapest standard one.
§8. Newsletter
- Possibility to subscribe to the newsletter (commercial information via e‑mail).
- Activation in the registration form or other form in the Store.
- Condition: providing an e‑mail address (voluntary, but necessary).
- Unsubscription: at any time via the Store's functionality, a link in the message, or a declaration (e‑mail/letter).
§9. Complaints – non-conformity with the contract
- Provisions apply to Consumers.
- Complaints due to non-conformity of the Service with the contract in accordance with regulations (including Art. 43h and subsequent articles of the Consumer Rights Act).
- Submitting a complaint: by post or e‑mail to the Seller's address (a sample form may be used – not mandatory).
- Recommended complaint content: contact details, bank account number (if applicable for refund), problem description and identification data.
- If the complaint concerns goods – obligation to deliver the Product to the Seller's address (at the Seller's expense) for consideration.
- Complaint handling period: 14 days from notification.
- Information about the resolution: electronically or by post – according to the Consumer's will or the method of submission.
- If accepted and return of Goods is necessary – the Seller sends it back at its own expense.
- Refund of funds: bank transfer or postal order – according to the Consumer's will.
§10. Complaint – statutory warranty
- Applies only to entrepreneurs who are not Consumers.
- The parties exclude liability under statutory warranty (Civil Code, book three, title XI, chapter II).
§11. Out-of-court complaint resolution and claim enforcement
- The Consumer may, among others, use:
- a permanent amicable consumer court at the Trade Inspection (addresses on UOKiK website),
- mediation with the provincial inspector of IH (addresses on UOKiK website),
- the assistance of a consumer ombudsman or social organization,
- the ODR platform: ec.europa.eu/consumers/odr.
- Details of procedures – at the offices and on the websites of the aforementioned entities; list on UOKiK website.
§12. Withdrawal from the contract
- The Consumer may withdraw within 14 days, subject to the exceptions in the instruction constituting an annex to the Terms and Conditions.
- The right of withdrawal does not apply, inter alia, to:
- digital content not stored on a tangible medium if the performance began with the Consumer's express consent before the deadline and after being informed about the loss of the right,
- non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs.
- Withdrawal by submitting a declaration (sample in the annex).
- Return of Goods: immediately, no later than 14 days from withdrawal (unless the Seller collects it themselves).
- Consumer's liability for reduction in the value of the goods resulting from use beyond what is necessary.
- In case of withdrawal, the contract is considered not concluded; if the declaration was made before the acceptance of the offer – the offer ceases to be binding.
§13. Data processing and cookies
Information on personal data processing and cookies can be found in the Store's Privacy and Cookies Policy.
§14. License terms
- The Seller grants a free license for personal use for the purpose of using the Store – under the terms below.
- The name, design, structure, code of the Store and documents (including the Terms and Conditions) are copyrighted works. No transfer of proprietary copyrights.
- Fields of exploitation: saving/reproducing in device memory, access and display at a chosen place and time.
- Prohibitions: lending, leasing, resale, creating derivative works, modifications, removal of rights information, use contrary to law or good practices.
- License: unlimited in time and territory, non-exclusive; the Seller retains the right to the integrity of the Store.
- By publishing content (comments/reviews), the Customer grants the Seller a free, non-exclusive, unlimited license for publication in the Store, saving/reproduction, and sublicensing – for the purpose of using the Store.
- It is forbidden to provide content that is: unlawful, misleading, infringing personal rights, vulgar/offensive, pornographic, promoting drugs/excessive alcohol, inciting hatred, racism, xenophobia.
- The Seller may remove/moderate content violating the Terms and Conditions.
§15. Effectiveness and amendment of the terms and conditions
- The Terms and Conditions come into effect 3 days after publication on the Store's website.
- Changes are possible due to legal, technical, or organizational reasons.
- Changes are made by publishing new content on the Store's website.
- Changes do not affect sales contracts concluded before the amendment date.
- Information about the change is published 3 days before the new wording comes into effect.
- The Seller sends information about the change electronically if the parties are bound by an indefinite-term agreement.
§16. Final Provisions
- Meaning of capitalized terms in accordance with the definitions.
- The Seller is not liable to non-Consumers for:
- interruptions and improper services caused by force majeure,
- interruptions and improper services caused by technical actions or reasons attributable to entities through which it provides Services,
- lost profits.
- In case of a dispute with a non-Consumer or a Consumer residing outside the Republic of Poland (if the laws of their country allow it) – the court competent for the Seller's registered office.
- Applicable law: Polish law – towards non-Consumers and Consumers residing outside the Republic of Poland, if their national law allows such a choice.
- The provisions do not exclude or limit the Consumer's rights arising from local law – the Consumer cannot waive them.
- In case of inconsistency of the Terms and Conditions with the general law of the Consumer's country – that law applies.
- The invalidity/ineffectiveness of individual provisions does not affect the validity of the others; the norm closest to the parties' will applies.
§17. Definitions used in the terms and conditions
Customer – a natural person, legal person, or organizational unit without legal personality, to which provisions grant legal capacity, concluding a Service agreement with the Seller.
Customer Account – a panel for managing orders via the Store (after registration and login).
Consumer – a Customer who is a natural person concluding a contract for purposes not directly related to their business or professional activity.
Shopping Cart – a Store functionality for completing orders.
Terms and Conditions – these terms for providing Services electronically by the Seller.
Store – the store at winiety24.eu.
Seller – Prospect Group Sp. z o.o., 44‑330 Jastrzębie‑Zdrój, ul. 11 Listopada 79; KRS 0000543140, NIP 6332233708, REGON 360768340; tel. 796 683 007; e‑mail: bok@winiety24.eu.
Sale – a Service of selling Goods, within which the Seller transfers ownership and delivers the Goods, and the Customer receives them and pays the price.
Goods – an electronic vignette (digital content) presented in the Store for sale.
Service – a service provided by the Seller to the Customer via the Store; contracts concluded remotely.
Information on exercising the right of withdrawal from the contract
Instruction on withdrawal from the contract (for Consumers)
You have the right to withdraw from a contract concluded in our Store within 14 days without stating any reason, subject to the cases indicated in the section „Exclusion of the right of withdrawal”. The period is counted from the day:
- for a contract of sale of goods – of taking possession of the goods by the Consumer or a designated third party other than the carrier, and in the case of a contract that:
- covers many goods delivered separately/in batches/in parts – from taking possession of the last goods, batch or part,
- involves regular delivery of goods for a fixed period – from taking possession of the first of the goods.
- on which you took possession of the item or on which a third party indicated by you took possession of the item – in the case of contracts transferring ownership of items,
- of concluding the contract – in the case of service contracts.
To meet the deadline, it is sufficient to send information about exercising the right of withdrawal before its expiry.
To exercise the right of withdrawal, please inform: Prospect Group Sp. z o.o., ul. 11 Listopada 79, 44‑330 Jastrzębie‑Zdrój, e‑mail: bok@winiety24.eu of your decision by means of an unambiguous statement (a letter sent by post or e‑mail). You may use the sample withdrawal form (not mandatory).
Effects of withdrawal
In case of withdrawal, we will refund all payments received from you, including the costs of delivering the goods (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), immediately – no later than 14 days from the day you informed us of your decision. The refund will be made using the same payment method, unless you have expressly agreed otherwise; without additional charges. We may withhold the refund until we receive the item back or you provide proof of its return.
If you have received the item – please send/hand it back to: Prospect Group Sp. z o.o., ul. 11 Listopada 79, 44‑330 Jastrzębie‑Zdrój, no later than 14 days from informing about the withdrawal (the deadline is met if sent before the expiry of 14 days).
Exclusion of the right of withdrawal
- Non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs.
- Supply of digital content not supplied on a tangible medium if the performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after being informed of the loss of the right of withdrawal.
Sample withdrawal form
(This form should be completed and returned only if you wish to withdraw from the contract as a Consumer)
Addressee: Prospect Group Sp. z o.o., ul. 11 Listopada 79, 44‑330 Jastrzębie‑Zdrój | bok@winiety24.eu
I/We(*) hereby give notice that I/We(*) withdraw from my/our contract of sale of the following goods(*)/for the provision of the following service(*):
Method of refund for the payment made: ………………………………………………………………………
Date of contract conclusion(*)/receipt(*): …………………………………
Name and surname: ………………………………………………………………………………
Address: …………………………………………………………………………………………………
Signature: (only if the form is sent in paper version) …………………
Date: ………………………………………………………………………………………………………
(*) Delete as appropriate.
Complaint form
(This form may be completed and returned if you wish to submit a complaint)
Addressee: Prospect Group Sp. z o.o., ul. 11 Listopada 79, 44‑330 Jastrzębie‑Zdrój
Customer's name and surname or company name: ………………………………………………………
Customer's address: …………………………………………………………………………………………
Customer's phone number: ……………………………………………………………………………
Customer's e‑mail address: ……………………………………………………………………………
Order number: ………………………………………………………………………………
Contact details for correspondence (select):
- postal address: …………………………………………………………………………………………
- e‑mail address: ………………………………………………………………………………………………
The complaint concerns (tick):
- sales contract dated __________, goods: ………………………………………………
- contract for the provision of another service: ……………………………………………………………
- other: ……………………………………………………………………………………………………………
Date of discovery of the cause of the complaint: …………………………………………
Problem description: ………………………………………………………………………………………
Complaint request (tick):
- free repair
- replacement with new goods
- price reduction by the amount of _____
- withdrawal from the contract
Bank account number for refund: ……………………………
Declaration in case of acting as an entrepreneur with consumer rights:
I declare that the concluded sales contract was directly related to my business activity, but it does not have a professional character for me, resulting in particular from the subject of my business activity performed on the basis of the provisions on the Central Register and Information on Economic Activity. As proof, I list below the PKD codes for my business activity, published in CEIDG:
- PKD No. __________ – Description: ______________________
- PKD No. __________ – Description: ______________________
- PKD No. __________ – Description: ______________________
- PKD No. __________ – Description: ______________________
Date: ………………………………………………………………………………………………………
Signature of the submitter: (only if the form is sent in paper version) …………