Online woodlooking.art store Terms and Conditions
§ 1
Introductory Provisions
This page (together with the documents referred herein) explains the terms and conditions on which any of the goods or products (Products) listed on the online store are supplied. Please, read the terms and conditions carefully, before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions.
The online store woodlooking.art, available and visible on the Internet address woodlooking.art is run by
Wood Looking Bartosz Biernacki,
86-111 Gruczno, ul. Świecka 3,
NIP 5591852943, REGON 386751017.
1. The Terms and Conditions define the rules and procedures for the conclusion of a Distance Selling Agreement with any Customer, including a Consumer, via the Shop.
§ 2
Definitions
The terms used in these Terms and Conditions, in each case, mean (unless a different meaning results directly from the content of a specific provision):
1. Consumer – a natural person concluding a contract with the Seller as part of the activities of this Shop, the subject of which is not directly their economic or professional activity.
2. Seller – Wood Looking Bartosz Biernacki,
86-111 Gruczno, ul. Świecka 3,
NIP 5591852943, REGON 386751017.
3. Customer – any entity making purchases through the Shop.
4. Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, using the Shop.
5. Shop – online shop (the Store) operated by the Seller on the Internet address woodlooking.art.
6. Distance contract – any contract concerning financial services concluded between the Consumer and the Seller (representing the Shop), under an organised distance sales or service provision scheme, without the simultaneous physical presence of the parties, with the exclusive use of distance communication specified in the conclusion of the contract.
7. Rules and Regulations – included operating rules and regulations of the Store.
8. Order – a declaration of will of the Customer submitted using the Order Form and aiming directly at the conclusion of a Sales Agreement for a Product/Products with the Seller.
9. Order Form – an interactive form available in the Store, enabling placing of an Order.
10. Product – a movable item available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
11. Sales Agreement – a Product sale agreement agreed, accepted and concluded between the Customer and the Seller via the Online Store. The meaning of the Sales Agreement is also, depending on the characteristics of the Product, a delivery contract or a contract for work, if it is concluded as a part of the Shop‘s activities.
§ 3
Contact with the Shop
1. Seller’s address: 86-111 Gruczno, ul. Świecka 3
2. E-mail address of the Seller: [email protected]
3. Seller’s telephone number: +48 509414538
4. Seller’s bank account number:
EURO – PL94 1160 2202 0000 0005 4691 1011
GBP – PL82 1160 2202 0000 0005 5315 6378
PLN – 48 1160 2202 0000 0005 1345 7606
1. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
2. The Customer may communicate with the Seller by phone from 8 a.m. to 5 p.m. from Monday to Friday.
§ 4
General information
1. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address information, enabling the execution of the Order without creating an Account.
3. The prices in the Store are given in euros, British pounds and Polish zloty and are gross prices (including VAT).
4. The final price to be paid by the Customer consists of the price for the Product and the cost of any delivery (including transport, delivery and courier charges), about which the Customer is informed on the Store’s website while placing the Order, including when expressing the will to be bound by the Sales Agreement.
5. If the nature of the subject matter of the Agreement does not allow, reasonably assessed, for the final price to be calculated in advance, information on the manner in which the price will be calculated, as well as transport, delivery, courier charges, and other costs, will be provided by the Store.
§ 5
Rules for placing an Order
To place an Order, you must:
1. Select a finished or customised Product that is the subject of the Order and then click on the ‘Add to basket’ button (or equivalent).
2. Confirm the order in the shopping cart and then proceed to the Order Form via the ‘Proceed to Payment’ button.
3. Complete the Order Form by entering the details of the recipient of the Order and/or the address to which the Product is to be delivered.
4. Click on the ‘Buy and pay’ button or equivalent.
5. Pay for the Order within the given time limit.
§ 6
Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a) Free delivery
b) Paid delivery
2. The Customer may use the following payment methods:
Payment by bank transfer to the Seller’s account
Payment via PayPal
Payment via Klarna
Payment by credit/debit card via Stripe
Online payment via Tpay
§ 7
Conclusion and performance of the Sales Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order through the Order Form on the Online Store.
2. After placing an Order, the Seller confirms the receipt immediately, simultaneously accepting the Order for execution. Confirmation of he Order’s receipt and the acceptance for execution shall be delivered by the Seller, sending a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about the receipt of the Order and its acceptance for execution. As soon as the Customer receives the above mentioned e-mail, the Contract of Sale between the Customer and the Seller is concluded.
3. The Customer pays for the subject of the purchase when placing an order.
4. While ordering Products with different delivery dates, the delivery date is the longest date given.
5. Delivery of the Product occurs only in the countries indicated in the ordering process.
6. Delivery of the Product to the Customer is free of charge, unless the Sales Contract states otherwise. The possible costs of Product delivery (including transport, delivery and courier service fees) are indicated to the Customer on the pages of the Online Shop during the process of placing the Order.
§ 8
Right of withdrawal
1. The Consumer may, within 14 days, withdraw from the Sales Agreement without giving any specific reason.
2. The period referred to in paragraph (1.) shall begin from the date of delivery of the Product to the Consumer or a person designated by the Consumer.
3. In case of an Agreement covering multiple Products that are delivered separately, in batches or in parts, the period referred to in paragraph (1.) shall run from the date of delivery of the last item, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. Sending the statement by the Consumer before the expiry of this deadline shall be sufficient to meet the deadline for withdrawal from the Contract.
5. The declaration of withdrawal must be sent electronically to the Seller’s e-mail address before the Product is returned. Upon receipt of the declaration, the Seller will promptly confirm its receipt and, where necessary, provide further instructions regarding the return procedure. Returning the Product without first submitting the declaration of withdrawal may result in a longer processing time while the returned shipment is identified.
6. If the Consumer sends the declaration electronically, the Seller shall immediately send to the Consumer, at the e-mail address provided by the Consumer, a confirmation of receipt of the declaration of withdrawal from the Contract.
Effects of withdrawal from the Contract:
1. In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
2. In the case of withdrawal from the Contract, the Seller shall (no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract), return to the Consumer immediately all payments made by the Consumer, including the costs of delivery of the item, except for the additional costs arising from the method of delivery chosen by the Consumer, other than the cheapest, basic, and ordinary method of delivery offered by the Seller.
3. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not impact any further costs for the Consumer.
4. The Seller may withhold reimbursement, until he has received the Product back or until he has been provided with proof of return, whichever event occurs first.
5. The Consumer should return the Product to the Seller’s address provided in the above mentioned Terms and Conditions immediately, no later than within 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer returns the Product before the expiry of the 14-day period.
6. Returned Products must be sent exclusively to the following return address:
Bartosz Biernacki – Wood Looking
Rzepakowa 25
89-500 Tuchola
Poland
Returning a Product to any other address, including the manufacturer’s address, a logistics warehouse, a fulfilment centre, or any third party involved in the delivery process, without the Seller’s prior approval, may delay the processing of the return. The Seller shall not be responsible for any consequences resulting from returning the Product to an address other than the one indicated above.
7 . Shipments sent cash on delivery (COD), to parcel lockers, collection points, or any location not designated by the Seller will not be accepted.
8. The Consumer shall bear the direct costs of returning the Product.
9. The Consumer shall only be liable for any diminished value of the Product resulting from handling the Product in a manner other than what is necessary to establish its nature, characteristics, and functioning.
10.The right of withdrawal from a distance contract shall not apply to Contracts:
a) In which the object of the performance is a non-refabricated item produced to the Consumer’s specifications or serving to satisfy theirs individual order.
b) In which the object of performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery.
9. The Consumer may not withdraw from the Contract in the specific case of the Product being manufactured to their individual, strictly defined specifications. Some Products in the Shop, especially furniture, are always made only as non-prefabricated elements to the Customer’s individual specifications, as indicated by an appropriate description while presenting the Product on the Store’s website.
10. In case of the Product being manufactured according to the particular Customer’s specifications, especially regarding the colour, size, or form, the Customer is obligated to provide guidelines while placing the Order. In case of doubt, the Seller will contact the Customer immediately within 1 day to determine the specifications by phone or e-mail address.
11. The Seller should contact the Customer a final confirmation of the specification terms via e-mail to the e-mail address provided at the time of Order, in the case of the individually designed and custom-made Products, as the specification conditions.
12. In case of Products made to individual orders, marked on the Store’s website or in the Order confirmation by the Seller as ‘individually personalized furniture’, the Customer acknowledges that they do not have the right to withdraw from the Contract referred to in this paragraph.
13. The Customer acknowledges that, in accordance with Article 38(3) of the Polish Act on Consumer Rights of 30 May 2014, the right to withdraw from a distance contract does not apply to non-prefabricated products made to the consumer’s specifications or clearly personalised to meet their individual needs. This provision applies to all transactions concluded with consumers within the territory of the European Union. Consequently, the Customer is not entitled to withdraw from the contract in the case of furniture that has been restored or customised according to individual specifications, and marked by the Seller as a “customised piece of furniture.” These products are clearly labelled on the product page with the notice “customised piece of furniture,” placed in a visible location accessible to the Buyer prior to concluding the contract.
§ 9
Warranty, consumer warranty
1. The Consumer is expected to inspect the Product in the presence of courier. In case of finding any physical defects within the Product, the Consumer may, at their discretion:
• make use of the warranty benefits (applies to the goods under warranty, for which a warranty document has been issued),
• make a complaint to the Seller under the warranty or consumer warranty, i if consumer protection regulations apply to it.
2. Performing the rights under warranty for defects, the Consumer shall fill in the selected complaint form available on the website woodlooking.art:
‘EUCancellationFormDE’,
‘EUCancellationFormFR’,
‘EUCancellationFormENG’
‘Form-return PL’
3. According to the individual opinion, the Customer should indicate the particular defect of the goods, when it was found, what the Customer demands from the Seller, provide their contact details, attach the proof of purchase of the goods in the form of a receipt or invoice. In case of using the warranty services through the Seller, the Costumer should submit a completed warranty document.
4. The transport of goods claimed under the warranty or guarantee should be carried out at the request and expense of the Buyer through a carrier selected by the Buyer, unless the Seller and the Buyer agree on another way to determine the existence and type of defects reported by the Buyer.
5. The Seller shall inform the Customer about the method of handling the complaint within 30 days of receiving the complaint. If the complaint addressed to the Seller is not accepted, the reasons for the decision shall be provided.
6. The Seller is liable under the warranty for defects only if the defect is found before the expiry of two years from the release of goods to the Customer (Article 568 § 1 of the Civil Code).
7. If the damage to the parcel or its contents is detected, the damage report must be filled and completed in the presence of the courier, which is necessary to file a complaint with the courier company. The completed document should be sent within 7 days to the address [email protected], along with a description of the situation and damage. Failure to comply with the above conditions may result in the rejection of the damage claim.
§ 10
Personal data in the On-line shop
1. The administrator of Customers’ personal data collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees, for marketing purposes.
3. In case of a Customer using a courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
4. Providing the personal data is voluntary, although failing to provide the personal data specified in the Terms and Conditions necessary to terminate the Sales Agreement may result in the inability to complete and perform Contracts concluded as a part of the Shop’s activities.
§ 11
Force majeure
The Seller shall not be liable to Customers for any breach of the provisions of these Terms and Conditions, Agreement or interruption in the provision of services, as well as for improper performance or failure to perform the Agreements concluded on the basis of or in connection with these Terms and Conditions or the activity of the Store as a result of force majeure, understood as an unforeseeable event beyond the Seller’s control or which he could not prevent, in particular in the form of: war, natural disaster, trade embargo, state of emergency, natural disaster, actions of public authorities, death of the Seller or the Customer, exclusive action of third parties and as a result of the Customer’s actions.
§ 12
Final Provisions
1. The Contracts concluded through the Online Store are provided in English or Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions. The Seller must inform the Customers at least 14 days in advance on the Store’s website.
3. The contracts concluded, but not performed before the entry date of the Terms and Conditions changes, shall be governed by the Terms and Conditions in the wording of the date of conclusion of the contract.