STORE POLICY
X WAKE SHOP ONLINE STORE REGULATIONS
specifying, among others rules of concluding sales contracts through the store, containing the most important information about the Seller, the store and Consumer’s rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the store
§ 5 Payments
§ 6 Execution of the order
§ 7 The right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions regarding Buyers who are not Consumers
Annex No. 1: Sample withdrawal form
§ 1 DEFINITIONS
Business days – days from Monday to Sunday, excluding public holidays.
Account – a free store function regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his individual Account in the Store.
Consumer – a consumer within the meaning of the Civil Code.
Buyers – every entity buying in the store.
Collection point – the point located at 43-100 TYCHY, UL. FABRYCZNA 5
Regulations – these regulations.
Shop – Shop online store run by the Seller at http://www.x-wake.com/shop-all
Seller – LOXEE COMPANY WITH LIMITED RESPONSIBILITY with headquarters at 43-100 TYCHY, UL.FABRYCZNA 5, entered into the National Court Register – KRS: 0000453751 issued by the District Court in Gliwice, 10th Commercial Department, NIP number : 631 264 85 24, REGON number : 243203551
§ 2 CONTACT WITH THE SELLER
Postal address: 43-100 TYCHY, UL. FABRYCZNA 5
E-mail address: info@x-wake.com
Phone: +48 506 261 690
Address to return the goods (in the event of withdrawal from the contract): 43-100 TYCHY, UL. FABRYCZNA 5
Address to send the advertised product: 43-100 TYCHY, UL. FABRYCZNA 5
§ 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store you need:
device with Internet access
web browser that supports JavaScript and cookies.
To place an order in the store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.
§ 4 PURCHASES IN THE STORE
The prices of goods visible in the Store are total prices for the goods, including VAT.
The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
The product selected for purchase should be added to the basket in the Store.
Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.
The order is placed when the content is confirmed and the Buyer accepts the Regulations.
Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.
The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing its data with every possible order.
§ 5 PAYMENTS
For the order placed you can pay, depending on the choice of the buyer:
By ordinary transfer to the Seller’s bank account.
Cash on delivery, i.e. cash at the time of delivery to the Buyer.
By card or cash at the time of collection of your personal item.
If the Buyer selects payment in advance, the order must be paid within 1 business day of placing the order.
The Seller informs that in the case of some payment methods, due to their specificity, the payment of the order by this method is possible only directly after placing the order.
By making purchases at the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
§ 6 ORDER COMPLETION
The seller is obliged to deliver goods without defects.
The term of the contract is indicated in the store.
In the event that the Buyer chose payment in advance for the order, the Seller will proceed with the order after paying for it.
In a situation where, as part of a single order, the Buyer purchased goods with different delivery dates, the order will be processed within the deadline for the goods with the longest term.
The goods are delivered exclusively on the territory of the Republic of Poland.
Goods purchased in the Store are delivered depending on which delivery method the Buyer chose:
Through a courier company
Via Poczta Polska
For InPost parcel machines
The buyer may collect the goods in person at the Receipt Point during the opening hours.
In the case of picking up a personal collection by the Buyer, the goods will be ready for collection at the indicated date of order fulfillment, and if the Seller indicated the date of dispatch of the goods – within this period.
§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from:
in which the Consumer came into possession of the good or in which a third party other than the carrier and indicated by the Consumer became the owner of the good.
in which the Consumer acquired the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last of the things in the case of a contract obliging to transfer ownership of many things that are delivered separately.
conclusion of a contract – in the case of a contract for the supply of digital content.
In order for the Consumer to exercise his right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by mail or information sent by e-mail).
The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
To keep the deadline for withdrawal from the contract, it is enough for the consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract.
EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from him, including delivery costs (except for additional costs resulting from the method chosen by the Consumer other than the cheapest method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Consumer’s decision on exercise of the right to withdraw from the contract.
The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this reimbursement.
The seller may withhold reimbursement until receipt of the goods or until proof of his return is provided to him, whichever occurs first.
The Seller asks you to return the goods to the following address: 43-100 TYCHY, UL.FABRYCZNA 5 immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the consumer sends back the goods before the expiry of the 14-day period.
The consumer bears the direct costs of returning the goods.
The consumer is liable only for the reduction of the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
If, due to its nature, the goods can not be sent in normal mode by post, the consumer will also have to bear the direct cost of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE AGREEMENT
The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.
in which the subject of the service is something that is quickly deteriorating or has a short shelf-life.
in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or for hygienic reasons, if the packaging was opened after delivery.
in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery.
for delivering dailies, periodicals or magazines, with the exception of a subscription agreement.
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract.
for delivery of digital content that is not stored on a tangible medium, if the fulfillment of the service started with the Consumer’s explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract.
§ 9 COMPLAINTS
In the event of a defect in the goods, the Buyer has the opportunity to advertise the defective goods on the basis of the warranty or warranty provided in the Civil Code, if the guarantee has been granted.
Using the warranty, the Buyer may, on the terms and in the deadlines specified in the Civil Code:
submit a price reduction statement
with a significant defect – submit a statement of withdrawal from the contract
demand replacement of things free of defects
request removal of the defect
The Seller asks you to submit a complaint based on the warranty to the postal address or electronic address indicated in § 2 of the Regulations.
If it turns out that in order to resolve the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver this goods, in the case of the Consumer at the Seller’s cost, to the address 43-100 TYCHY, UL. FABRYCZNA 5
If the product has been granted an additional warranty, information about it, as well as its terms, is available in the product description in the store.
Complaints regarding the operation of the Store should be directed to the e-mail address indicated in § 2 of the Regulations.
Consideration of the complaint by the Seller will take place within 14 days.
EXTRAORDINARY METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
mediation conducted by the competent regional inspectorate of the Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
help for the competent and permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted to examine the case before the arbitration court. As a rule, the proceedings are free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
free help from the municipal or poviat Consumer Ombudsman.
ODR internet platform available at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller.
The Buyer’s personal data are processed mainly on the basis of a contract and for its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.
§ 11 DISCLAIMERS
The provision of unlawful content by the Buyer is prohibited.
Each order placed in the Store is a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and in order to fulfill the order.
Contracts concluded on the basis of these Regulations shall be concluded in Polish.
None of the provisions of these Regulations exclude or limit the rights of the Consumer under the law.
Provisions regarding goods and sales contracts apply to digital content and contracts for the supply of digital content, as long as the Regulations do not specify these issues separately.
§ 12 PROVISIONS CONCERNING BUYERS NON CONSUMERS
The right to withdraw from a distance contract is not available to an entity other than the Consumer.
All liability of the Seller in relation to the Buyer who is not a Consumer is excluded.
In the event of a possible dispute with a non-Consumer Buyer, the competent court will be the court competent for the Seller’s registered office.
Annex No. 1 to the Regulations
Below is a model withdrawal form from which the Consumer may or may not use:
MODEL FORM OF WITHDRAWING FROM THE AGREEMENT
(this form should be filled in and returned only if you wish to withdraw from the contract)
LOXEE COMPANY WITH LIMITED LIABILITY
43-100 TYCHY, UL. FACTORY 5
e-mail address: info@x-wake.com
– Ja / My (*) ……………………………………. …………………….. hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following services (*) / about delivering digital content in the form (*):
………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….
………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….
………………………………………….. ………………………………………….. ………………………………………….. ………………………………………….. ……………………….
– Date of conclusion of the contract (*) / receipt (*) ……………………………….. ………………………………………….. …………………………….
– Consumer name (s): …………………………………. ………………………………………….. ………………………………
– Consumer Address (s): …………………………………… ………………………………………….. ……………………………………….
………………………………………….. ………………………………………….. ………………………………………….. ……………………….
………………………………………….. …………………………………….
Signature of the Consumer
(only if the form is sent in paper version)
Date ……………………………………..
(*) Delete where inapplicable.
