conducted by WP Energy Sp. z o.o.
I. Preliminary provisions
- The online store available at http://www.wpenergy.pl is operated by WP Energy Sp. z o.o. with its registered seat in Stanislaw 4 (postal code: 83-112), entered in the register of entrepreneurs kept by the District Court of Gdansk-North in Gdansk, VII Economic Department of the National Court Register under KRS number 0000848930, NIP 5932624954, REGON 38646272100000.
- These Regulations are addressed to customers using the services of WP Energy Sp. z o.o. and set out the rules for the use of the Store, as well as the rules and procedures for the conclusion of distance sales agreements and the provision of electronic services through the Store.
- Consumer - a natural person concluding a contract with the Seller under the Store, the subject of which is not directly related to its economic or professional activity.
- Seller - WP Energy Sp. z o.o. with its registered seat in Stanislaw 4 (postal code: 83-112), entered in the register of entrepreneurs kept by the District Court of Gdansk-North in Gdansk, VII Economic Department of the National Court Register under KRS number 0000848930, NIP 5932624954, REGON 38646272100000.
- Customer - any entity making purchases through the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, which uses the Store.
- Store - the online store operated by the Seller at the Internet address http://www.wpenergy.pl
- Contract concluded at a distance - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Sales Contract - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the Online Store. By Sales Agreement is also understood - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
- Services provided electronically - any service, the performance of which is carried out by sending and receiving data via data communications systems at the individual request of the Customer, without the simultaneous presence of the parties, performed via public networks.
- Regulations - these rules and regulations of the Store.
- Order - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
- Account - a customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him/her in the Store.
- Registration form - a form available in the Store that allows you to create an Account.
- Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Contact form - an interactive form available in the Store that allows you to contact the Seller.
- Shopping Cart - an element of the Store's software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
- Product - a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
- Newsletter - the activity of the Seller consisting in sending by electronic means commercial information, designed directly or indirectly to promote goods and services offered by the Seller. The newsletter is sent with the consent of the Client.
III. Contact with the Store
- Seller's address: WP Energy Sp. z o.o., Stanislawie 4, 83-112 Lubiszewo
- Seller's e-mail address: email@example.com
- Vendor phone number: 571870714
- Seller's bank account number: 53114020040000350280166107
- The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph, as well as using the Contact Form available on the Store's website.
- The customer can communicate with the Seller by phone during the following hours: from 8 am to 8 pm.
IV. Technical requirements
- In order to use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary:
(a) a device with access to the Internet and a current version of a web browser;
(b) an active electronic mail (e-mail) account;
(c) cookies enabled;
(d) Flash Player installed.
- The Seller informs that the functionality of the Store's website in the mobile version may be limited and it is recommended to use the classic version of the website.
V. General Information
- All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos and photos posted on the Online Store Website (with the exception of certain logos and photos presented on the Online Store Website for the presentation of goods, the copyrights to which belong to third parties) belong to the Seller.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
- 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 either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
- The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Contract.
- In the case of a Contract covering subscriptions or services for an indefinite period, the final (final) price is the total price including all payments for the billing period.
- When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about how the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
VI. Creating an Account in the Store
- In order to create an Account in the Store, you need to complete the Registration Form. It is necessary to provide the following data e-mail address and password.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by entering the login and password established in the Registration Form.
- The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
VII. Rules of placing an Order
In order to place an Order, you must:
- Log in to the Store (optional);
- select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);
- Log in or use the option to place an Order without registration;
- if you have chosen the option of placing an Order without registration - fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
- click the "Order and pay"/click the "Order and pay" button and confirm the order by clicking on the link sent in the email,
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8.3.
VIII. Delivery and payment methods offered
- The Customer may use the following methods of delivery or pickup of the ordered Product: shipping to InPost Parcel Post, courier delivery, cash on delivery.
- The customer can use the following payment methods: payment on delivery, cash on delivery, payment by bank transfer to the account of the Seller, electronic payment, payment by credit card.
- Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
IX. Execution of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
- After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
- If the customer chooses:
a) payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 24 hours from the conclusion of the Sales Agreement - otherwise the order will be canceled;
b) payment on delivery, the customer is obliged to make payment on delivery.
- The product will be shipped to the Customer by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
- If you order Products with different delivery dates, the delivery date is the longest date given.
- In case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts, or to have all the Products delivered after the entire order is completed.
- The beginning of the period of delivery of the Product to the Customer is calculated as follows: a) if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account;
b) if the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
- Delivery of the Product takes place only on the territory of Poland.
- Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the Online Store website in the delivery and payment tab and during the Order placement, including when the Customer expresses his/her will to be bound by the Sales Agreement.
X. Right of withdrawal
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
- In the case of a Contract that includes multiple Products that are delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
- In the case of a Contract that involves the regular delivery of Products for a specified period of time (subscription), the term indicated in paragraph 1 shall run from taking possession of the first item.
- The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send the statement before the deadline.
- The statement can be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address - the Seller's contact details are specified in § 3. The statement can also be submitted on the form, the template of which is attached as Appendix No. 1 to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.
- If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
(a) in the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded;
(b) in the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller;
c) the Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for him;
d) The Seller may withhold the refund until it receives the Product back or until it is provided with proof of return, whichever event occurs first;
e) The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period;
(f) The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner;
(g) The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the cost of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from a contract concluded at a distance does not apply to the Consumer with respect to the Contract:
a) in which the subject of performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to meet his individualized needs;
b) in which the object of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery;
c) in which the object of performance is an item that is perishable or has a short shelf life;
d) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance of the Seller will lose the right to withdraw from the Agreement;
e) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the Contract,
(f) in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things;
g) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
h) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right to withdraw from the contract.
XI. Complaint and Warranty
- The Sales Contract covers new Products.
- The seller is obliged to provide the customer with an item free of defects.
- In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
- Complaints should be submitted in writing or electronically to the Seller's addresses given in these Regulations.
- It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the customer making the complaint, and the customer's request in connection with the defect of the goods.
- The Seller will respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request was considered justified.
- Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
- Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods or the distributor. If a warranty has been granted for a Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach a warranty card to the sold Product.
XII. Out-of-court ways of dealing with complaints and claims investigation
- Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court means of complaint handling and redress:
a) The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller;
b) The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller;
c) A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
XIII. Personal Data in the Online Store
- The administrator of Customers' personal data collected through the Online Store is the Seller.
- Customers' personal data collected by the administrator through the Online Store are collected for the purpose of executing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
- Recipients of personal data of Customers of the Online Store may be:
a) in the case of a Customer who uses the method of delivery by mail or courier service in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator;
b) in the case of a Customer who uses the electronic or credit card payment method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
- The customer has the right to access and correct the content of his data.
- Provision of personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.
XIV. Final Provisions
- Contracts concluded through the Online Store are concluded in the Polish language.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
- In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.