Vorschriften

(Text in Englisch)

TERMS AND CONDITIONS

1. GENERAL /Definitions:

 

1.1    ORDER FORM – an interactive form available in the Online Store enabling the Client to place a Purchase Order by adding Products to an online basket and choose the terms of a Sale Agreement, including delivery and payment methods.

1.2  CLIENT – (1) a natural person with a full capacity for acts in law, (2) a legal person, or (3) an unincorporated organizational unit – that has concluded or intends to conclude the Sale Agreement with the Seller.

1.3 NEWSLETTER – an online distribution service provided by the Service Provider via e-mail that enables all Service Recipients using that service to receive automatically from the Service Provider cyclical content of subsequent issues of the newsletter with information on Products, new arrivals and promotions in the Online Store.

1.4 PRODUCT – a movable item available in the Online Store being the subject of the Sale Agreement between the Client and the Seller.

1.5 ONLINE STORE – the online store of the Service Provider/Seller available at: www.wall4yoga.com

1.6 SELLER – 4 Yoga sp. z o.o., 02-672 Warszawa, ul. Domaniewska 17/19 lok.133, email: kontakt@wall4yoga.com. Regon: 382374368, NIP: PL 5213853640, KRS: 0000767428

1.7  SALE AGREEMENT– an agreement for the sale of a Product concluded between the Client and the Seller through the Online Store.

1.8  ONLINE SERVICE – a service provided online by the Service Provider/Seller for the Service Recipient through the Online Store.

1.9  PURCHASE ORDER – the Client’s declaration of intent made using the Order Form and aiming directly at the conclusion of the Sale Agreement for the Product with the Seller.

 

2. ONLINE SERVICES IN THE ONLINE STORE

The following Online Services are available in the Online Store: the Order Form and the Newsletter.

2.1.    Order Form – the use of the Order Form begins after the Client adds the first Product to the online basket in the Online Store. A Purchase Order is placed after the Client completes both of the following steps: – (1) completing the Order Form and (2) clicking the box: “Place an order with an obligation to pay” at the Online Store website. Up until that moment the Client may modify the entered data (to do so, messages displayed and information available at the Online Store website should be followed). In the Order Form, the Client must provide the following data concerning the Client: full name or business name, address (street name, building/apartment number, postcode, city and country), email address, contact telephone number and data concerning the Sale Agreement: the Product, quantity, destination and method of delivery of the Product(s), and payment method. In the case of Clients who are not individuals (consumers), the business name and the taxpayer identification number (NIP) must be provided.

2.2.    Newsletter – the Client may start using the Newsletter service after entering, in the “Newsletter” tab at the Online Store website, the Client’s email address to which subsequent issues of the Newsletter are to be sent and after clicking “Subscribe”. The Client may also subscribe for the Newsletter by ticking an appropriate checkbox while completing the Order Form, in which case the subscription for the Newsletter shall take place after a Purchase Order is placed.

2.3.    The Newsletter Online Service shall be provided for an indefinite time. The Service Recipient may, at any time and without giving reason, unsubscribe (or opt out from) the Newsletter for example by clicking the unsubscribe link sent in each message with the Newsletter.

2.4.    Complaints:

2.4.1. Complaints connected with the provision of Online Services by the Seller and other complaints connected with the operation of the Online Store (except for the Product complaint procedure that is set out in sec. 6 of these Terms and Conditions) may be filed by the Client:

– online via email at: kontakt@wall4yoga.com

– in writing at: 4 Yoga sp. z o.o., 02-672 Warszawa, ul. Domaniewska 17/19 lok.133.

 

2.4.2.The Seller shall respond to a complaint without delay but not later than 14 calendar days of the date it is filed.

3. TERMS OF CONCLUDING A SALE AGREEMENT

 

3.1. A Sale Agreement between the Client and the Seller shall be concluded after the Client places a Purchase Order using the Order Form in the Online Store.

 

3.2. The Product Price displayed at the Online Store website shall be given in the Polish zloty and includes taxes. If the Client selects any other language other than Polish, the price will be given in euros. The Client shall be informed of the total price of the Product, including taxes, and delivery costs at the Online Store website while placing a Purchase Order.

 

3.3. Procedure for conclusion of a Sale Agreement in the Online Store using the Order Form

 

3.3.1.A Sale Agreement between the Client and the Seller shall be concluded after the Client places a Purchase Order in the Online Store.

3.3.2.After the Purchase Order is placed, the Seller shall confirm its receipt without delay and at the same time shall accept the Purchase Order for fulfillment. The Seller shall confirm receipt of the Purchase Order and its acceptance for fulfillment by sending to the Client a relevant email message to the Client’s email address provided while placing the Purchase Order. After the Client’s receives said email message, a Sale Agreement between the Client and the Seller shall be concluded.

4. METHODS AND TIME LIMITS OF PAYMENTS FOR PRODUCTS

4.1. The Seller shall make available to the Client the following payment methods under the Sale Agreement:

4.1.1. Payment by wire transfer to the Seller’s bank account: the Client shall receive an email with the Purchase Order number and the amount to be paid, and the goods shall be dispatched after the Seller receives the payment.

4.1.2. Online payments and debit/credit card payments via the Przelewy24.pl website: In this situation the goods shall be sent upon receipt of information from the Przelewy24.pl platform that the Client has made the payment. Online payment and debit/credit card payment transactions shall be settled via the Przelewy24.pl website. Online payment and debit/credit card payment services are provided by:

Przelewy24.pl is operated by PayPro S.A., a clearing agent with its registered office in Poznań (registered office address: ul. Kanclerska 15, 60-327 Poznań).

4.2. Due date: If the Client selects a wire transfer, online payment or debit/credit card payment, the Client shall make such payment within one calendar day of the date of the Sale Agreement.

5. DELIVERY COST, METHODS AND DATES

 

5.1. Products may be delivered within the territory of the Republic of Poland and in other countries indicated at the Online Store website.

 

5.2. Products shall be delivered to the Client for a fee. The costs of Product delivery (including the costs of transport, delivery and postal fees) shall be shown to the Client at the Online Store website in the information tab on delivery costs and in the course of placing a Purchase Order.

 

5.3. The Seller shall make available to the Client the following Product delivery methods:Courier delivery.

5.4. The Product shall be delivered to the Client within 30 business days, unless a shorter time is given in a Product description or in the course of placing the Purchase Order. The Product delivery time shall start running – if the Client selects payment by wire transfer, online payment or debit/credit card payment – from the date of crediting the Seller’s bank/clearing account.

 

6. PRODUCT COMPLAINTS

 

6.1. The grounds and scope of the Seller’s liability to the Client, if the Product sold has a physical or legal defect (a statutory warranty) are set out in the generally binding provisions of law, in particular in the Civil Code (including articles 556-576 of the Civil Code).

 

6.2. The Seller shall deliver the Product without any defect to the Client.

 

6.3. Complaints may be filed by the Client for example:

 

– in writing at: 4 Yoga sp. z o.o., 02-672 Warszawa, ul. Domaniewska 17/19 lok.133, or

– online via email at: kontakt@wall4yoga.com.

6.4. It is recommended that the Client provides in the complaint description: (1) information and circumstances concerning the subject matter of the complaint, in particular the type of defect and date of occurrence; (2) the requested method of bringing the Product into compliance with the Sale Agreement or a request to reduce the price or a statement on rescission of the Sale Agreement; and (3) contact data of the person filing the complaint – it will facilitate and expedite the complaint’s consideration by the Seller, and (4) particulars of the Sale Agreement such as the purchase order number and/or sales invoice number.

 

6.5. The Seller shall respond to the Client’s complaint without delay but not later than 14 calendar days of the date it is filed. If the Client who is a consumer requests replacement of the item or removal of the defect or reduction of the price by a certain amount, and the Seller does not respond to that request within 14 calendar days, the Seller shall be deemed to have found the request justified.

 

6.6. The Client who exercises their complaint rights shall deliver the defective Product to: 4 Yoga sp. z o.o. 02-672 Warszawa, ul. Domaniewska 17/19 lok.133. If, on account of the type of the Product or the method of its installation, the delivery of the Product by the Client would be excessively difficult, the Client shall make the Product available to the Seller where the Product is.

 

7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT, AND RULES FOR ACCESS TO THESE PROCEDURES

 

7.1. Detailed information on the options of the Client who is a consumer to use out-of-court methods of complaint resolution and claim pursuit, as well as rules for access to these procedures are available at the website of the Polish Office for Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

 

7.2. Advice to consumers on out-of-court resolution of consumer disputes is offered by the point of contact at the Polish Office for Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warszawa).

 

7.3. Consumers may take advantage of the following out-of-court methods of complaint resolution and claim pursuit (examples): (1) a request to have the dispute resolved by the permanent consumer arbitration court (more information at: https://www.spsk.wiih.org.pl/); (2) a request to have the dispute resolved out of court that may be filed with the voivodship inspector of the Trade Inspectorate (more information at the website of an inspector relevant for the place of the Seller’s business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or a public organization whose statutory tasks include consumer protection (e.g. the Consumer Federation or the Polish Consumer Association).

 

7.4. A platform for the online resolution of disputes between consumers and entrepreneurs on the EU level (the ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a point of end-to-end services for consumers and entrepreneurs who seek to resolve out of court disputes concerning contractual obligations under an online sale agreement or a service agreement (more information can be found on the ODR platform website or at the website of the Polish Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

 

8. RIGHT TO RESCIND THE AGREEMENT

 

8.1. A consumer who has concluded an agreement remotely may rescind it within 14 calendar days without giving any reason and without incurring any costs, except for the costs set out in sec. 8.7 of these Terms and Conditions. To meet the above time limit, a statement rescinding the agreement must be sent before said time limit expires.The statement rescinding an agreement may be filed, for example:

 

– online via email at: kontakt@wall4yoga.com

– in writing at: 4 Yoga sp. z o.o. 02-672 Warszawa, ul. Domaniewska 17/19 lok.133

A template of the agreement rescission form is provided in sec. 11 of these Terms and Conditions and at the Online Store website in the tab concerning rescission (Returns and Complaints)

8.2. The time limit to rescind the agreement in performance of which the Seller releases a Product and is obligated to transfer its title (the Sale Agreement) starts running after the Consumer or a third party (other than the carrier) indicated by the Consumer assumes the possession of the Product.

 

8.3. If a remotely concluded agreement is rescinded, such agreement shall be deemed never to have been concluded.

 

8.4. The Seller shall, without delay but not later than 14 calendar days of receiving the consumer’s statement rescinding the agreement, refund to the consumer all payments made thereby, including the costs of Product delivery. The Seller shall make such a refund using the same payment method as was used by the consumer, unless the consumer expressly consents to a different method that does not entail any costs to the consumer. If the Seller does not propose that it will collect the Product from the consumer, the Seller may withhold the refund of payments received from the consumer until the Seller receives the returned Product or the consumer delivers a proof of dispatch, whichever is earlier.

 

8.5. The consumer shall, without delay and not later than 14 calendar days of the date on which the consumer rescinds the agreement, return the Product to the Seller or deliver it to a person authorized by the Seller to collect it, unless the Seller proposes that it will collect the Product on its own.

 

8.6. The consumer shall be liable for any diminution in the Product’s value resulting from its use in a way that goes beyond what is necessary to establish the nature or features of the Product or whether the Product is operational.

 

8.7. If, while sending the goods back, the consumer selects a Product delivery method other than the cheapest, ordinary delivery method available in the Online Store, the Seller shall not be obligated to refund to the consumer any additional costs incurred thereby.

 

8.8. The consumer shall not have the right to rescind a remotely concluded agreement (1) when the Product sold is non-prefabricated or is produced to the consumer’s specification or to meet the consumer’s individual needs, or (2) when on account of their nature the Products sold become inseparably connected with other items upon delivery.

 

9. PROVISIONS APPLICABLE TO ENTREPRENEURS

 

9.1. This section of the Terms and Conditions and provisions contained herein apply solely to Clients and Service Recipients who are not consumers.

 

9.2. The Seller may rescind the Sale Agreement concluded with the non-consumer Client within 14 calendar days of the date of its conclusion. In such case, the Sale Agreement may be rescinded without any reason and shall not result in the non-consumer Client being entitled to any claims against the Seller.

 

9.3. In the case of non-consumer Clients, the Seller shall have the right to restrict the available payment methods, including the right to require a partial or total prepayment, irrespective of the payment method selected by the Client and irrespective of the fact of concluding the Sale Agreement.

 

9.4. After the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the risk of an accidental loss of or damage to the Product shall pass to the non-consumer Client. In such case, the Seller shall not be liable for any loss or diminution of or damage to the Product occurring in the period between its acceptance for transport until its release to the Client and for any delay in delivery.

 

9.5. If the Product is sent to the Client by a carrier, the non-consumer Client shall examine the delivery within the time and in the manner customary for deliveries of this type. If the Client finds that any diminution of or damage to the Product occurred during the transportation, the Client shall take any action necessary to establish the carrier’s liability.

 

9.6. Pursuant to article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for the Product towards the non-consumer Client shall be excluded.

 

9.7. In the case of non-consumer Service Recipients, the Service Provider may give a notice of termination of an Online Service agreement with immediate effect and without giving any reason by sending a relevant statement to the Service Recipient.

 

9.8. The liability of the Service Provider/Seller to the non-consumer Service Recipient/Client, irrespective of its legal grounds, shall be limited – for a single claim or any claims in aggregate – to the amount of the price paid and the costs of delivery under the Sale Agreement and in no event shall it exceed the amount of PLN 1,000 (one thousand zlotys). The Service Provider/the Seller shall be liable to the non-consumer Service Recipient/Client only for typical damage that is foreseeable at the moment of concluding the agreement and shall not be liable for any lost profits to the non- consumer Service Recipient/Client.

 

9.9. Any disputes arising between the Seller/Service Provider and the non-consumer Client/Service Recipient shall be submitted for resolution to the court of law with jurisdiction over the registered office of the Seller/Service Provider.

 

10. FINAL PROVISIONS

 

10.1. Provisions of Polish law generally in force shall apply to any matter not regulated in these Terms and Conditions.

 

11.TEMPLATE OF THE AGREEMENT RESCISSION FORM

Template of the agreement rescission form

(This form should be completed and sent back only if the party intends to rescind an agreement)

 

Address:

4 Yoga sp. z o.o., 02-672 Warszawa, ul. Domaniewska 17/19 lok. 133.

E-mail: kontakt@wall4yoga.com

This is to inform you that I rescind the sale agreement for the following items:

…………………………………………………………………………………………………

(please provide item number on the invoice or the product name)

Online Store purchase order number …………………………………..………..

Date agreement concluded ………………………………………………………………….

Full name and address of the consumer …………………………………………………

…………………….…………………………………………………………………………

………………………………………………………………………………………………..

………………………………………………………………………………………………..

Please make a refund to the following account: …………………………………………

………………………………………………………………………………………………..

………………………………………………………………………………………………..

(please provide account number and the account holder’s particulars

Date and consumer’s signature ……………………………………………………………

(only if the form is sent in hardcopy)

 

Please send us your feedback on what fell short of your expectations and made you

rescind the agreement. You do not need to provide this information but it will help us improve our operations.

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