Terms and Conditions
Terms and Conditions of the Woodcarver online store
setting out, among other things, the rules for concluding sales agreements through the Store, and containing the most important information about the Seller, the Store and the rights of the Consumer
The provisions concerning the Privileged Entrepreneur apply to agreements concluded on or after 1 January 2021.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right of withdrawal from the agreement
§ 8 Exceptions to the right of withdrawal from the agreement
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form
§ 1 DEFINITIONS
Business Days – days from Monday to Friday, excluding statutory public holidays.Consumer – a consumer within the meaning of the Polish Civil Code.
Account – a free-of-charge function of the Store (a service provided electronically), governed by separate terms and conditions, which allows the Buyer to set up their individual account in the Store.
Buyer – any person or entity making a purchase in the Store.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding an agreement with the Seller that is directly related to their business activity but is not of a professional nature for them (this definition applies to agreements concluded on or after 1 January 2021).
Terms and Conditions – these terms and conditions.
Store – the Woodcarver online store run by the Seller at https://woodcarver.pl.
Seller – Daniel Nalepka, an entrepreneur conducting business activity under the business name Woodcarver Daniel Nalepka, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy and for maintaining the Central Register and Information on Economic Activity (CEIDG), Tax ID (NIP) 9930680198, REGON (statistical number) 387887167, Łokietka 71, 33-160 Ryglice, Poland.
§ 2 CONTACTING THE SELLER
- Postal address: Łokietka 71, 33-160 Ryglice, Poland
- Email address: sklep@woodcarver.pl (orders, withdrawal, complaints); biuro@woodcarver.pl (invoices, personal data)
- Telephone: +48 600 820 116 (Mon–Fri, 9:00–17:00 Polish time)
§ 3 TECHNICAL REQUIREMENTS
- For the Store to function properly, the following are required:
- a device with Internet access
- a web browser that supports JavaScript and cookies.
- To place an order in the Store, in addition to the requirements set out in para. 1, an active email account is required.
§ 4 SHOPPING IN THE STORE
- The prices of goods shown in the Store are the total prices for the goods.
- The Seller points out that the total price of the order consists of the following, as shown in the Store: the price of the goods and, where applicable in a given case, the costs of delivering the goods.
- Goods selected for purchase should be added to the basket in the Store.
- The Buyer then selects, from the options available in the Store, the method of delivery of the goods and the method of payment for the order, and provides the details necessary to fulfil the order placed.
- The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
- Placing an order is equivalent to concluding a sales agreement between the Buyer and the Seller.
- The Seller will provide the Privileged Buyer with confirmation of the conclusion of the sales agreement on a durable medium no later than at the time the goods are delivered.
- The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registering by providing their details with each order they may place.
§ 5 PAYMENTS
- An order placed may be paid for, depending on the Buyer's choice:
- by ordinary bank transfer to the Seller's bank account;
- through an online payment operator: Przelewy24 or PayU – by payment card or other methods offered by the operator and shown when the order is placed;
- through PayPal – from a PayPal account or by another method offered by PayPal and shown when the order is placed;
- through InPost Pay;
- cash on delivery, i.e. by card or cash on delivery of the goods (for delivery in Poland only);
- with a Store gift card.
- Online payments are processed by: for Przelewy24 – PayPro S.A., Poznań, Poland; for PayU – PayU S.A., Poznań, Poland; for PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg.
- Prices in the Store are given in Polish zloty (PLN). In the English version of the Store, prices are shown and payable in euro (EUR); the Store converts the EUR amount from the PLN price at an exchange rate set by the Seller and shows it before the order is placed. The amount stated in the order is binding. The payment methods available for each currency are shown when the order is placed.
- If the Buyer chooses payment in advance, the order must be paid for within 3 Business Days of placing the order.
- The Seller informs that, for some payment methods, due to their specific nature, payment for the order using that method is possible only immediately after the order has been placed.
- By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.
- Where money must be refunded for a transaction made by the Buyer with a payment card, the Seller will make the refund to the bank account linked to that payment card. Refunds of payments made through PayPal are made by the Seller through PayPal.
§ 6 ORDER FULFILMENT
- The Seller is obliged to deliver goods free from defects.
- The order fulfilment time is stated in the Store.
- If the Buyer has chosen payment in advance for the order, the Seller will begin fulfilling the order once it has been paid for.
- Where, within a single order, the Buyer has purchased goods with different fulfilment times, the order will be fulfilled within the time applicable to the goods with the longest fulfilment time.
- We deliver goods within the Republic of Poland and to the European Union countries listed in the Store on the “Shipping Costs and Delivery Methods” page. Delivery methods and their cost depend on the delivery country and are shown when the order is placed.
- Goods purchased in the Store are delivered, depending on the delivery method chosen by the Buyer:
- by courier;
- to parcel lockers and pick-up points (in Poland only).
- If the customer chooses payment by bank transfer or by payment card, the order fulfilment time is counted from the day on which the Seller's bank account or settlement account is credited.
§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The Privileged Buyer has the right to withdraw from an agreement concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 60 days without giving any reason.
- The withdrawal period expires 60 days after the day:
- on which the Privileged Buyer acquired possession of the goods, or on which a third party other than the carrier and indicated by the Privileged Buyer acquired possession of the goods;
- on which the Privileged Buyer acquired possession of the last of the items, or on which a third party, other than the carrier and indicated by the Privileged Buyer, acquired possession of the last of the items, in the case of an agreement obliging the transfer of ownership of multiple items delivered separately.
- To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the details given in § 2 of the Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or information sent by email).
- The Privileged Buyer may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not obligatory.
- To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL FROM THE AGREEMENT - In the event of withdrawal from the agreement concluded, the Seller will reimburse to the Privileged Buyer all payments received from them, including the costs of delivering the goods (except for any additional costs resulting from the Privileged Buyer's choice of a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay and in any event no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal.
- The Seller will make the reimbursement using the same means of payment as the Privileged Buyer used for the initial transaction, unless the Privileged Buyer agrees otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
- The Seller may withhold reimbursement until the goods have been received back or until the Seller has been supplied with proof of their having been sent back, whichever is the earlier.
- The Seller asks that the goods be returned to the following address: Łokietka 71, 33-160 Ryglice, Poland without undue delay and in any event no later than 60 days from the day on which the Privileged Buyer informed the Seller of their withdrawal from the sales agreement. The deadline is met if the Privileged Buyer sends back the goods before the period of 60 days has expired.
- The Privileged Buyer bears the direct cost of returning the goods.
- The Privileged Buyer is liable only for any diminished value of the goods resulting from handling them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
- If, by their nature, the goods cannot normally be returned by post, the Privileged Buyer will also have to bear the direct cost of returning the goods. The Privileged Buyer will be informed by the Seller of the estimated amount of these costs in the description of the goods in the Store or when placing the order.
- Where it becomes necessary to refund money for a transaction made by the Privileged Buyer with a payment card, the Seller will make the refund to the bank account linked to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- The right to withdraw from a distance agreement referred to in § 7 of the Terms and Conditions does not apply to an agreement:
- where the subject of the performance is a non-prefabricated item, made to the Privileged Buyer's specifications or intended to meet their individual needs;
- where the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf life;
- where the subject of the performance is an item delivered in sealed packaging which cannot be returned after the packaging has been opened for health protection or hygiene reasons, if the packaging was opened after delivery;
- where the subject of the performance consists of items which, after delivery, are by their nature inseparably mixed with other items;
- where the subject of the performance consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
- where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller's control and which may occur within the withdrawal period.
- The exception referred to in para. 1(a) covers in particular a board with an engraving made according to the content provided by the Privileged Buyer in the order (the ‘Engraving on the board’ and ‘Engraving + gift wrapping’ services). A board ordered without an engraving, including with the ‘Gift wrapping’ service, is subject to the right of withdrawal on the terms set out in § 7.
§ 9 COMPLAINTS
- If the goods are defective, the Buyer may make a complaint about the defective goods on the basis of the statutory warranty (rękojmia) governed by the Polish Civil Code, or on the basis of a guarantee, if a guarantee has been granted.
- When exercising rights under the statutory warranty, the Buyer may, on the terms set out in the Polish Civil Code – subject to the provisions of § 11 paras 5 and 6 of the Terms and Conditions:
- submit a statement on price reduction,
- in the case of a material defect – submit a statement of withdrawal from the agreement,
- demand replacement of the item with one free from defects,
- demand removal of the defect.
- The Seller asks that complaints under the statutory warranty be sent to the postal or email address given in § 2 of the Terms and Conditions.
- If it turns out that, in order to consider the complaint, the defective goods must be delivered to the Seller, the Buyer is obliged to deliver those goods – in the case of a Privileged Buyer, at the Seller's expense – to the following address: Łokietka 71, 33-160 Ryglice, Poland.
- If an additional guarantee has been granted for the goods, information about it and its terms is available in the product description in the Store.
- Complaints concerning the operation of the Store should be sent to the email address given in § 2 of the Terms and Conditions.
- The Seller will consider the complaint within 14 days.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS - If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of the Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for the case to be heard by the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of the courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- free assistance from a municipal or district (powiat) consumer ombudsman;
- the European Consumer Centre in their own country – if the Consumer lives in another European Union country (ECC-Net: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en).
§ 10 PERSONAL DATA
- The controller of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including the other purposes and legal bases of processing, and the recipients of the data – can be found in the Privacy Policy available in the Store, in accordance with the principle of transparency laid down in the General Data Protection Regulation of the European Parliament and of the Council (EU) – ‘GDPR’.
- The purpose of the Seller's processing of the Buyer's data, provided by the Buyer in connection with purchases in the Store, is the fulfilment of orders. The legal basis for the processing of personal data in this case is:
- the agreement or steps taken at the Buyer's request prior to entering into it (Article 6(1)(b) GDPR),
- a legal obligation of the Seller relating to accounting (Article 6(1)(c)), and
- the legitimate interest of the Seller, consisting in processing data in order to establish, pursue or defend any claims (Article 6(1)(f) GDPR).
- Providing data is voluntary for the Buyer but is at the same time necessary to conclude the agreement. Failure to provide the data will make it impossible to conclude an agreement in the Store.
- The Buyer's data provided in connection with purchases in the Store will be processed until:
- the agreement concluded between the Buyer and the Seller ceases to be in force;
- the Seller ceases to be subject to a legal obligation requiring it to process the Buyer's data;
- the possibility for the Buyer or the Seller to pursue claims relating to the agreement concluded through the Store ends;
- the Buyer's objection to the processing of their personal data is upheld – where the legal basis for the processing was the legitimate interest of the Seller
- The Buyer has the right to request:
- access to their personal data,
- its rectification,
- erasure,
- restriction of processing,
- transfer of the data to another controller
and also the right: - to object at any time, on grounds relating to the Buyer's particular situation, to the processing of personal data concerning them based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the controller).
- To exercise their rights, the Buyer should contact the Seller using the details given in § 2 of the Terms and Conditions.
- If the Buyer considers that their data are being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office (UODO).
§ 11 RESERVATIONS
- The Buyer is prohibited from providing unlawful content.
- Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time necessary for, and for the purpose of, fulfilling the order.
- Agreements concluded under these Terms and Conditions are concluded in Polish or English – in the language of the Store version in which the Buyer places the order. These Terms and Conditions are available in both language versions.
- In the event of any dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.
- Any liability of the Seller towards a Buyer who is not a Privileged Buyer is, to the extent permitted by law, limited to the value of the order placed by the Buyer and to 2 years from the release of the goods.
- The Seller's liability under the statutory warranty towards a Buyer who is not a Privileged Buyer is, to the extent permitted by law, limited to the value of the order placed by the Buyer who is not a Privileged Buyer and to 2 years from the release of the goods.
- The Seller's liability under the statutory warranty towards a Privileged Entrepreneur is, to the extent permitted by law, limited to the value of the order placed by the Privileged Entrepreneur and to 2 years from the release of the goods.
Appendix No. 1 to the Terms and Conditions
Below is a model withdrawal form, which a Consumer or a Privileged Entrepreneur may, but does not have to, use:
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the agreement)
Woodcarver Daniel Nalepka
Łokietka 71, 33-160 Ryglice, Poland
email address: sklep@woodcarver.pl
- I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our agreement for the sale of the following goods(*) / for the provision of the following service(*):
..............................................................................................................................................................................
..............................................................................................................................................................................
..............................................................................................................................................................................
- Date of conclusion of the agreement(*)/of receipt(*)
..............................................................................................................................................................................
- Name of Consumer(s) / Privileged Entrepreneur(s):
..............................................................................................................................................................................
- Address of Consumer(s) / Privileged Entrepreneur(s):
..............................................................................................................................................................................
..............................................................................................................................................................................
.............................................................................................
Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if this form is sent on paper)
Date ............................................
(*) Delete as appropriate.
Account Terms and Conditions
in the Woodcarver store
The provisions concerning the Privileged Entrepreneur apply to agreements concluded on or after 1 January 2021.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations
§ 1 DEFINITIONS
Consumer – a consumer within the meaning of the Polish Civil Code.Account – a free-of-charge function of the Store (a service), governed by the Terms and Conditions, which allows the Buyer to set up their individual account in the Store.
Buyer - any person or entity making a purchase in the Store.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding an agreement with the Seller that is directly related to their business activity but is not of a professional nature for them (this definition applies to agreements concluded on or after 1 January 2021).
Terms and Conditions - these Account terms and conditions.
Store – the Woodcarver online store run by the Seller at https://woodcarver.pl
Seller - Daniel Nalepka, an entrepreneur conducting business activity under the business name Woodcarver Daniel Nalepka, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy and for maintaining the Central Register and Information on Economic Activity (CEIDG), Tax ID (NIP) 9930680198, REGON (statistical number) 387887167, Łokietka 71, 33-160 Ryglice, Poland.
§ 2 CONTACTING THE SELLER
- Postal address: Łokietka 71, 33-160 Ryglice, Poland
- Email address: sklep@woodcarver.pl (orders, withdrawal, complaints); biuro@woodcarver.pl (invoices, personal data)
- Telephone: +48 600 820 116 (Mon–Fri, 9:00–17:00 Polish time)
§ 3 TECHNICAL REQUIREMENTS
- For the Account to function properly and to set it up, the following are required:
- an active email account
- a device with Internet access
- a web browser that supports JavaScript and cookies
§ 4 ACCOUNT
- Setting up an Account is entirely voluntary and depends on the Buyer's wishes.
- The Account gives the Buyer additional options, such as viewing the history of orders placed by the Buyer in the Store, checking the order status or editing the Buyer's details themselves.
- To set up an Account, the relevant form in the Store must be completed.
- When the Account is set up, an agreement for the maintenance of the Account on the terms set out in the Terms and Conditions is concluded between the Buyer and the Seller for an indefinite period.
- The Buyer may cancel the Account at any time without incurring any costs.
- To cancel the Account, the Buyer should send their cancellation to the Seller at the email address: sklep@woodcarver.pl, which will result in the Account being deleted without undue delay and the agreement for the maintenance of the Account being terminated.
§ 5 COMPLAINTS
- Complaints concerning the functioning of the Account should be sent to the email address sklep@woodcarver.pl.
- The Seller will consider the complaint within 14 days.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS - If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of the Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for the case to be heard by the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of the courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- free assistance from a municipal or district (powiat) consumer ombudsman;
- the European Consumer Centre in their own country – if the Consumer lives in another European Union country (ECC-Net: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en).
§ 6 PERSONAL DATA
- The controller of the personal data provided by the Buyer while using the Account is the Seller. Detailed information on the processing of personal data by the Seller – including the other purposes and legal bases of processing, and the recipients of the data – can be found in the Privacy Policy available in the Store, in accordance with the principle of transparency laid down in the General Data Protection Regulation of the European Parliament and of the Council (EU) – ‘GDPR’.
- The purpose of processing the Buyer's data is the maintenance of the Account. The legal basis for the processing of personal data in this case is the agreement for the provision of the service or steps taken at the Buyer's request prior to entering into it (Article 6(1)(b) GDPR), and also the legitimate interest of the Seller, consisting in processing data in order to establish, pursue or defend any claims (Article 6(1)(f) GDPR).
- Providing data is voluntary for the Buyer but is at the same time necessary for the maintenance of the Account. Failure to provide the data means that the Seller will not be able to provide the Account maintenance service.
- The Buyer's data will be processed until:
- the Account is deleted by the Buyer or by the Seller at the Buyer's request
- the possibility for the Buyer or the Seller to pursue claims relating to the Account ends;
- the Buyer's objection to the processing of their personal data is upheld – where the legal basis for the processing was the legitimate interest of the Seller
- The Buyer has the right to request:
- access to their personal data,
- its rectification,
- erasure,
- restriction of processing,
- transfer of the data to another controller
and also the right: - to object at any time, on grounds relating to the Buyer's particular situation, to the processing of personal data concerning them based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the controller).
- To exercise their rights, the Buyer should contact the Seller.
- If the Buyer considers that their data are being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office (UODO).
§ 7 RESERVATIONS
- The Buyer is prohibited from providing unlawful content.
- The agreement for the maintenance of the Account is concluded in Polish or English – in the language of the Store version in which the Buyer sets up the Account. These Terms and Conditions are available in both language versions.
- Where there are important reasons as referred to in para. 4, the Seller has the right to amend the Terms and Conditions.
- The important reasons referred to in para. 3 are:
- the need to adapt the Store to the legal provisions applicable to the Store's activity
- improving the security of the service provided
- a change in the functionality of the Account requiring an amendment to the Terms and Conditions.
- The Buyer will be informed of a planned amendment to the Terms and Conditions at least 7 days before the amendment takes effect, by an email message sent to the address assigned to the Account.
- If the Buyer does not accept the planned amendment, they should inform the Seller by sending an appropriate message to the Seller's email address sklep@woodcarver.pl, which will result in the termination of the agreement for the maintenance of the Account when the planned amendment takes effect, or earlier if the Buyer so requests.
- If the Buyer does not object to the planned amendment before it takes effect, they are deemed to have accepted it, which does not in any way prevent the agreement from being terminated in the future.
- In the event of any dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.
Newsletter Terms and Conditions
of the Woodcarver store
The provisions concerning the Privileged Entrepreneur apply to agreements concluded on or after 1 January 2021.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions
§ 1 DEFINITIONS
Consumer – a consumer within the meaning of the Polish Civil Code.Newsletter – a service provided free of charge by electronic means, through which the Service Recipient may receive from the Service Provider, by electronic means, previously requested messages concerning the Store, including information on offers, promotions and new products in the Store.
Privileged Entrepreneur - a natural person concluding an agreement with the Service Provider that is directly related to their business activity but is not of a professional nature for them (this definition applies to agreements concluded on or after 1 January 2021).
Store – the Woodcarver online store run by the Service Provider at https://woodcarver.pl
Service Recipient - any person or entity using the Newsletter service.
Privileged Service Recipient – a Consumer or a Privileged Entrepreneur.
Service Provider - Daniel Nalepka, an entrepreneur conducting business activity under the business name Woodcarver Daniel Nalepka, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy and for maintaining the Central Register and Information on Economic Activity (CEIDG), Tax ID (NIP) 9930680198, REGON (statistical number) 387887167, Łokietka 71, 33-160 Ryglice, Poland.
§ 2 Newsletter
- The Service Recipient may use the Newsletter service voluntarily.
- To use the Newsletter service, a device with the latest version of a web browser supporting JavaScript and cookies, with Internet access, and an active email account are required.
- Email messages sent as part of this service will be sent to the email address provided by the Service Recipient when signing up for the Newsletter.
- To conclude the agreement and sign up for the Newsletter service, the Service Recipient first enters, in the place provided for this purpose in the Store, the email address at which they wish to receive messages sent as part of the Newsletter. On signing up for the Newsletter, an agreement for the provision of the service is concluded, and the Service Provider will begin providing it to the Service Recipient – subject to para. 5.
- For the Newsletter service to be provided properly, the Service Recipient is obliged to provide their correct email address.
- Messages sent as part of the Newsletter will contain information on how to unsubscribe from it, as well as an unsubscribe link.
- The Service Recipient may unsubscribe from the Newsletter at any time, without giving a reason and without incurring any costs, by using the option referred to in para. 6 or by sending a message to the Service Provider's email address: sklep@woodcarver.pl.
- Use of the unsubscribe link by the Service Recipient, or sending a message requesting to be unsubscribed from the Newsletter, will result in the termination of the agreement for the provision of this service without undue delay.
§ 3 Complaints
- Complaints concerning the Newsletter should be submitted to the Service Provider at the email address: sklep@woodcarver.pl.
- The Service Provider will respond to the complaint within 14 days of receiving it.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS - If the complaint procedure does not bring the result expected by a Service Recipient who is a Consumer, the Consumer may use, among others:
- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of the Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- the assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for the case to be heard by the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of the courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- free assistance from a municipal or district (powiat) consumer ombudsman;
- the European Consumer Centre in their own country – if the Consumer lives in another European Union country (ECC-Net: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en).
§ 4 Personal data
- The controller of the personal data provided by the Service Recipient in connection with signing up for the Newsletter is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including the other purposes and legal bases of processing, and the recipients of the data – can be found in the Privacy Policy available in the Store, in accordance with the principle of transparency laid down in the General Data Protection Regulation of the European Parliament and of the Council (EU) – ‘GDPR’.
- The purpose of processing the Service Recipient's data is sending the Newsletter. The legal basis for the processing of personal data in this case is the agreement for the provision of the service or steps taken at the Service Recipient's request prior to entering into it (Article 6(1)(b) GDPR), and also the legitimate interest of the Service Provider, consisting in processing data in order to establish, pursue or defend any claims (Article 6(1)(f) GDPR).
- Providing data is voluntary for the Service Recipient but is at the same time necessary for the provision of the Newsletter service. Failure to provide the data means that the Service Provider will not be able to provide this service.
- The Service Recipient's data will be processed until:
- the Service Recipient unsubscribes from the Newsletter;
- the possibility for the Service Recipient or the Service Provider to pursue claims relating to the Newsletter ends;
- the Service Recipient's objection to the processing of their personal data is upheld – where the legal basis for the processing was the legitimate interest of the Service Provider
- The Service Recipient has the right to request:
- access to their personal data,
- its rectification,
- erasure,
- restriction of processing,
- transfer of the data to another controller
and also the right: - to object at any time, on grounds relating to the Service Recipient's particular situation, to the processing of personal data concerning them based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the controller).
- To exercise their rights, the Service Recipient should contact the Service Provider.
- If the Service Recipient considers that their data are being processed unlawfully, the Service Recipient may lodge a complaint with the President of the Personal Data Protection Office (UODO).
§ 5 Final provisions
- The Service Provider reserves the right to amend these terms and conditions only for important reasons. An important reason means the need to amend the terms and conditions due to the modernisation of the Newsletter service or a change in the law affecting the provision of the service by the Service Provider.
- Information about a planned amendment to the terms and conditions will be sent to the Service Recipient's email address provided when signing up for the Newsletter at least 7 days before the amendments take effect.
- If the Service Recipient does not object to the planned amendments before they take effect, they are deemed to have accepted them.
- If the Service Recipient does not accept the planned amendments, they should send information about this to the Service Provider's email address: sklep@woodcarver.pl, which will result in the termination of the agreement for the provision of the service when the planned amendments take effect.
- The Service Recipient is prohibited from providing unlawful content.
- The agreement for the provision of the Newsletter service is concluded in Polish or English – in the language of the Store version in which the Service Recipient subscribes to the Newsletter. These terms and conditions are available in both language versions.
- In the case of a Service Recipient who is not a Privileged Service Recipient, the competent court will be the court having jurisdiction over the Service Provider's registered office.
REVIEWS IN THE ONLINE STORE
1.1. A Customer of the Online Store may, voluntarily and free of charge, post a review of purchases made in the Online Store. A review may also take the form of a rating, a photo or a written review of a product purchased in the Online Store.
1.2. After a purchase has been made in the Online Store, the Seller sends the Customer an email asking for a review, with a link to an online form for posting it – the online form allows the Customer to answer the Seller's questions about the purchase, rate it, add their own description as part of the review and add a photo of the purchased product. If no review is posted after the first invitation to post a review has been received, the Seller sends the invitation again.
1.3. A review may be posted only by a Customer who has made a purchase in the Seller's Online Store.
1.4. Reviews posted by the Customer are published by the Seller in the Online Store and on its business profile
1.5. Posting a review may not be used by the Customer for unlawful purposes, in particular for acts constituting an act of unfair competition against the Seller, or for acts infringing personal rights, intellectual property rights or other rights of the Seller or of third parties.
1.6. A review may be posted only for products actually purchased in the Seller's Online Store. Concluding fictitious or sham sales agreements for the purpose of posting a review is prohibited. Neither the Seller nor its employees, regardless of the legal basis of their employment, may be the author of a review.
1.7. A posted review may be deleted by its author at any time.
Loyalty Programme Terms and Conditions
§ 1 General provisions
- The Loyalty Programme Terms and Conditions (hereinafter the ‘Terms and Conditions’) set out the rules for Customers' participation in the Loyalty Programme.
- The following terms have the following meanings in these Terms and Conditions:
- Organiser - Woodcarver Daniel Nalepka, with its registered office at ul. Łokietka 71, 33-160 Ryglice, Poland. Tax ID (NIP) 9930680198, tel. +48 600 820 116, email: sklep@woodcarver.pl
- Loyalty Programme, Programme - a promotional campaign called the ‘Loyalty Programme’ organised by the Organiser. The Programme is not a game of chance or a mutual bet within the meaning of the Act of 19 November 2009 on gambling games.
- Terms and Conditions - these Loyalty Programme terms and conditions.
- Store - the online store run by the Organiser at www.woodcarver.pl on the terms set out in the Store's terms and conditions.
§ 2 Loyalty Programme participants
- A Participant in the Loyalty Programme is any person who:
- has registered a customer account in the Store in accordance with the Store's terms and conditions, and
- has accepted these Terms and Conditions
§ 3 Points and rewards
When placing an order in the www.woodcarver.pl store, the Customer receives points from the Organiser, awarded according to the following rules:
- For every PLN 10 spent, the customer receives 5 points.
- Points may be exchanged for products according to the following points scale:
10 points = PLN 1 to be exchanged for products covered by the loyalty programme
- Once points have been earned, the customer may exchange them for any product in the store with their next order worth at least PLN 50.
- The Organiser reserves the right to exclude the awarding of points for the purchase of
certain Products, and will indicate this in the description of each such Product.
- In addition to concluding sales agreements for Products via the Shopping Platform, the participant may earn points by:
- Signing up for the Newsletter – 10 points
- Adding a product review – 10 points
- The Programme applies to orders placed in Polish zloty (PLN).
§ 4 Duration
- The Loyalty Programme is introduced for an indefinite period, starting from 25.05.2023.
- The Organiser may decide to end the Loyalty Programme at any time, provided that:
- The Organiser will inform Participants of its intention to end the Loyalty Programme with appropriate advance notice of at least 6 months, so as not to infringe the rights acquired by Participants.
- If the Programme ends, unused points expire and cannot be used in any way (including, in particular, to pay for goods or services in the Store).
- A Participant may withdraw from the Loyalty Programme at any time, in particular by sending the Organiser an appropriate statement or by selecting the relevant option in the account settings in the Store. Such withdrawal does not have to be combined with a request to delete the account in the Store.
- If a Participant withdraws from the Programme, the Participant loses all points previously earned.
§ 5 Personal data
- The controller of the personal data collected during the Loyalty Programme is the Organiser. Personal data will be processed by the Organiser in accordance with generally applicable law (including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC [GDPR], and the Act of 10 May 2018 on the protection of personal data, Journal of Laws of 2018, item 1000).
- The Organiser processes Participants' personal data for the purpose of, and for the period necessary for, running and settling the Loyalty Programme.
- The legal basis for processing the Participant's data is:
- running the Loyalty Programme in accordance with the Terms and Conditions accepted by the Participant (Article 6(1)(b) GDPR),
- the legitimate interest of the Organiser, consisting in particular in pursuing claims against Participants or defending against claims raised, and conducting correspondence, etc. (Article 6(1)(f) GDPR).
- The Organiser does not profile Participants' personal data, nor does it transfer data to third countries (outside the European Economic Area).
- A Participant's personal data may be disclosed to third parties only where the Organiser is entitled or obliged to do so under the law. Recipients of the data may include: entities operating the Store, entities responsible for running the Loyalty Programme, marketing service providers, accounting firms, payment processing companies, assembly services, IT solution providers, document disposal companies and authorised public authorities.
- The Participant has the right of access to their personal data, the right to rectification, erasure or restriction of processing, and the right to data portability.
- The Participant also has the right to object to the processing of personal data – in particular where there is no legal basis for processing the data or where the data are processed for direct marketing purposes.
- If the processing infringes the law, the Participant has the right to lodge a complaint with the supervisory authority - the President of the Personal Data Protection Office (UODO). Further information on the processing of Participants' data is contained in the Organiser's privacy policy
§ 6 Final provisions
- These Loyalty Programme terms and conditions are available on the Store's website at https://www.woodcarver.pl/terms-and-conditions - the Organiser reserves the right to amend these terms and conditions at any time. In such a case, Participants will be informed of the amendments by email, at the address provided during registration - at least 14 days before the amendments take effect.
- An amendment to the Terms and Conditions may not infringe the rights acquired by Participants.
- With regard to Participants who are not consumers within the meaning of Article 22¹ of the Polish Civil Code, all disputes arising from the application of the Terms and Conditions will be resolved by the common court having jurisdiction over the Organiser's registered office.
- The Terms and Conditions do not exclude or limit any rights of Participants who are consumers within the meaning of Article 22¹ of the Polish Civil Code to which they are entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to Consumers, those provisions take precedence.
- In matters not governed by these Loyalty Programme Terms and Conditions, the provisions of the Store's Terms and Conditions and the Organiser's privacy policy apply.