REGULATIONS OF THE WEBSITE
WYROBA MASZYNY DO DREWNA I INNE
I. GENERAL PROVISIONS
1. The website ”Wyroba maszyny do drewna i inne” is available on the following webpages: wyroba.pl, wyroba.com, and is operated by:
a. Wyroba Felicjan Holzbearbeitungsmaschinen Ginsterweg 21 46487 Wesel, Germany, VAT No. DE 290118906;
b. Wyroba Jan Maschinenhandel Bergschlagweg 36 46569 Hünxe, Germany, Vat No. DE 291919562.
2. Before you use the Webpage, please read these Regulations carefully.
3. Rights and obligations of Users and the Seller are governed exclusively by these Regulations and legal regulations applicable within the Republic of Poland.
4. If you use the Webpage, it means that you have read, accept and unconditionally agree to obey these Regulations.
5. These Regulations provide for consumer rights arising from absolutely applicable legal regulations. If these Regulations are contrary to those legal regulations, the legal regulations will prevail.
1. Website: the Seller’s website called “Wyroba Maszyny stolarskie i inne” which is made available on wyroba.pl, wyroba.com.
2. Seller: an entity that administers and operates the Website, which, depending on the Product, is one of the entities referred to in Title 1 Art. 1 of these Regulations.
3. Regulations: this document with all appendices and supplements incorporated hereinto.
4. Buyer: a natural person, a legal person or an unincorporated business unit having legal rights by law who/which buys products offered on the Website.
5. Consumer: a natural person that makes a legal act with the Seller which is not connected directly with such a person’s business or professional activity.
6. Entrepreneur: a natural person, a legal person and a business unit that is not a legal person, but has legal rights by law, who/which carries out business or professional activities on his/its own account and makes a legal act with the Seller directly in connection with such a person’s business or professional activity.
7. User: anyone that uses the Website in any manner.
8. Product: a movable item available in the Website and subject to a sales agreement between the Buyer and the Seller specified in the product data sheet.
9. E-mail box: an electronic mail box having an individual Internet address of a given person (e-mail address) via which the person may send and receive messages and other data under the electronic mail service.
10. Receipt: a till receipt, a bill or an invoice.
III. TECHNICAL REQUIREMENTS
1. To use the webpage and the Website via the Internet, you must have an equipment which will enable you to use Internet resources, an e-mail box and an Internet browser which will enable you to display webpages (it is recommended to use the following Internet browsers: Internet Explorer 8, Opera 10.00, Google Chrome 10.0, Mozilla 4.0 or their newer versions, with cookies option enabled).
2. More information about cookies and principles for the protection of that data is presented in our Cookies Policy.
1. The Website performs commercial activities in Poland, Germany and other states.
2. Inquiries concerning products offered in the Website may be submitted by filling in a form available in the product data sheet (link: “Ask about the product”), by e-mail or by phone (contact data are available under the tab “Contact”).
3. The Buyer must give true and correct data necessary to fulfil an order.
4. Having received an inquiry, the Website confirms whether the product is available and sends a sales offer to the Buyer by e-mail. The Website also informs the Buyer by e-mail when the order is ready for collection or is delivered for shipment.
5. Information presented in the product data sheet as at the order placement, including in particular a price, product specifications, properties, components, a delivery due date and method, is binding for the Buyer and the Seller.
7. Accepted orders may be cancelled at the latest on the shipment date. The order may be cancelled only by the Consumer.
8. An average lead time, i.e. a period from the placement of the order to the shipment of the Product to the Buyer, is 14 days.
9. Information presented in the Website does not constitute an offer within the meaning of the Civil Code. Announcements, the Seller’s advertisements, price lists and other information about Products published in the webpages of the Website, in particular descriptions, technical and functional parameters and prices, constitute an invitation to enter into an agreement within the meaning of Art. 71 of the Civil Code of 23 April 1963 (Polish Journal of Laws No. 16.92, as amended).
10. The sales agreement is deemed to be entered into:
a. for inquiries submitted via the Inquiry Form available in the product data sheet: when the e-mail containing the statement that the Seller’s offer was accepted is received from the Buyer;
b. for inquiries made by phone: when the e-mail containing the statement that the Seller’s offer was accepted is received from the Buyer;
c. for inquiries made by e-mail: when the e-mail containing the statement that the Seller’s offer was accepted is received from the Buyer.
11. Orders are fulfilled upon payment.
12. The Seller must notify the Buyer of the lack of Products ordered at the warehouse and an expected extended lead time (up to 14 days) immediately, however not later than within 3 days from the discovery of the lack of Products. In these circumstances, the Buyer may agree that the lead time is extended (up to 14 days) or may dispense with the Product ordered or the whole order.
13. If the order cannot be fulfilled because of the permanent unavailability of the Product, the Seller should notify the Buyer immediately, however not later than within 30 days from the agreement date, and return all amounts received from the Buyer.
1. Prices presented in the Website are given net (without VAT).
2. The Seller shall attach a Receipt to each order.
3. The Buyer who buys Products as an Entrepreneur for the purpose of his business activity must represent that he/she is a VAT payer and authorise the Seller to issue the Receipt without the Buyer’s signature.
4. While submitting the statement on the acceptance of the offer, the Buyer may choose a payment form:
a. payment by transfer into the Seller’s account before product delivery;
b. payment in cash (on delivery).
5. If the Buyer chooses a form of payment other than “cash on delivery”, goods will be sent after the whole amount due (including a price and additional costs) is credited to the Seller’s bank account.
6. The Buyer pays a fee for the delivery of the Product to the defined address, which is specified case by case depending on the properties of goods.
7. The Seller reserves the right to change Product prices published in the Website by publishing information about new goods, the opening and closing of promotional actions in the Website, sales or other changes. This is without prejudice to orders made before the effective date of price changes, as well as the terms and conditions of promotional actions or sales.
The Seller will inform the Buyer about the terms and conditions of promotional actions and sales. Unless the promotion regulations provide otherwise, promotions may not be combined.
1. The Buyer may choose between the following forms of the collection of Products ordered:
a. delivery to the address specified by the Buyer in the order by courier or by the Seller (only if earlier agreed with the Seller);
b. personal collection.
2. The Buyer must choose the manner of collection while placing the order in the Website.
3. Shipment costs are charged in accordance with valid price lists and depend on the weight and size of Products to be delivered. The Buyer is informed about shipment costs during the placement of the order.
4. Shipment costs are paid by the Buyer, unless explicitly agreed otherwise.
5. The Buyer undertakes to collect the Products.
VII. STATUTORY WARRANTY FOR PHYSICAL AND LEGAL DEFECTS
1. Products offered in the Website are second-hand products free of physical and legal defects. The Seller does not grant any guarantee for second-hand products. Before the Product is collected by the Buyer, the Seller enables the Buyer to inspect and put the Product into operation on a trial basis.
2. The Seller is responsible to the Consumer for physical and legal defects in Products under the statutory warranty to the extent set out in the Civil Code of 23 April 1964 (Polish Journal of Laws No. 2014.121, as amended), subject to Art. 3 below.
3. The Consumer loses rights arising from the statutory warranty for physical defects in the Product if the defect is found after the end of one year after the Product is handed over to the Consumer (second-hand products).
VIII. OTHER COMPLAINTS ABOUT THE WEBSITE’S SERVICES
1. The User may lodge a complaint if the Seller does not provide the services set out herein or the services are provided otherwise than in compliance with these Regulations.
2. Any complaint about the Website’s services must contain:
a. the User’s identification data;
b. the subject of the complaint and a period which the complaint refers to;
c. the circumstances of the complaint;
d. the User’s signature, if the complaint is submitted in writing.
3. If the complaint does not meet the above formal conditions, the Seller may, at its own discretion, leave the complaint without review or request the User to supplement the complaint at the latest within 7 days and instruct the User that if the complaint is not supplemented within the above period, it will not be reviewed.
4. The Seller may leave the complaint without review if:
a. the complaint refers to issues explained in these Regulations, appendices, supplements and supporting materials available in the Website; in that case, the response to the complaint will include a reference to the relevant document;
b. the complaint refers to issues which was beforehand explained in the response to the previous complaint of the same User; in that case, the response to the complaint will include a reference to the relevant correspondence;
c. the complaint is lodged by a third party that does not have relevant authorisation or power of attorney;
d. the complaint is lodged 30 days after the discovery of reasons for the complaint.
5. The Seller will immediately inform the Buyer about the exercise of the Seller’s right to leave the complaint without review.
6. All complaints addressed to the Website and related to services provided by third parties via the Website will be immediately transferred by the Seller to a relevant third party that is responsible for the complaint.
7. The Seller will review complaints immediately, however not later than 14 days from the complaint submission.
8. The Seller will respond to complaints, at its own discretion:
a. in writing to the complaining person’s address,
b. by e-mail to the e-mail address specified by the complaining person,
c. by phone.
9. The Consumer has also the right to take advantage of non-court complaint and claim procedures, which means that the Consumer may:
a. apply to a permanent consumer arbitration court at the Trade Inspection Authority to resolve a dispute arising from the agreement;
b. apply to the provincial inspector of the Trade Inspection Authority to institute mediation proceedings in order to resolve a dispute between the Buyer and the Seller in an amicable way;
c. take advantage of free assistance of the district (municipal) consumer ombudsman or a social organisation that deals with consumer protection (including, without limitation, the Consumer Federation, the Association of Polish Consumers).
IX. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The Consumer may withdraw from the remote agreement without reason by submitting the Consumer’s statement in writing within 14 days.
2. The above period during which the agreement may be terminated commences:
a. for agreements under which an Entrepreneur hands over an item and is obliged to transfer property rights to that item: when the item is taken into possession by the Consumer or a third party, other than a carrier, indicated by the Consumer and in the case of agreements which:
i. provide for many items to be supplied separately, by batches or in parts: when the last item, batch or part is taken into possession;
ii. provide for the regular delivery of items for the defined period: when the first one of the items is taken into possession;
b. for other agreements: on the agreement date.
3. The Consumer may withdraw from the agreement by submitting the Consumer’s explicit statement on withdrawal from the sales agreement to the Seller. To meet the deadline, the statement must be sent to the Seller before the end of the 14-day period referred to in Section 1 above.
4. The statement on withdrawal from the agreement may be delivered in writing to Wyroba maszyny stolarskie i inne, ul. Ruchu Oporu 186 43-220 Bojszowy, by fax to 0049 281 475 5959, by e-mail to email@example.com or by the use of a form available in the Seller’s webpage www.wyroba.pl. The Consumer may, but does not need to, use the withdrawal form attached hereto as Appendix No. 1.
5. If the Consumer withdraws from the agreement, the agreement is deemed not to be concluded and the Consumer is released from all obligations to the Seller. If the Consumer submitted the statement on withdrawal from the agreement before the Seller confirmed the Consumer’s offer, the offer becomes null and void.
6. Goods bought by the Consumer must be returned in an unchanged condition, unless they must be modified to verify the character, properties and operation of the Product. The Product returned by the Consumer should be adequately packed in order to protect it against damage in transit. If possible, the Product should be packed in the original package. The direct costs of the return of goods to the Seller are paid by the Consumer.
7. The Consumer is liable for any decrease in the value of the Product arising from the use of the Product otherwise than it is necessary to verify the character, properties and operation of the Product.
8. The Consumer must return the Product immediately, however not later than within 14 days from the Consumer’s withdrawal from the agreement. To meet the deadline, it is enough that the Product is sent to the Seller before the end of the above period.
9. If the Consumer withdraws from the agreement and the Consumer has already paid any amounts, those amounts will be returned immediately, however not later than within 14 days from the receipt of the Consumer’s statement by the Seller. The amounts will be returned in the same way in which the Buyer paid them, unless the Consumer explicitly accepts any other form of payment. In any case, the Consumer shall not be charged with the cost of the return of payment. The Seller may withhold the return of payments received from the Consumer until it receives the Product back or the Consumer submits an evidence for Product shipment, whichever is earlier.
10. The cost of Product delivery will be returned to the Consumer only up to the cost of the cheapest ordinary delivery method offered by the Seller. All extra costs arising from the fact that the Consumer chose a different delivery method will be paid by the Consumer.
11. The Consumer does not have the right to withdraw from the agreement if the agreement:
a. covers a non-prefabricated Product which was manufactured in accordance with the Consumer’s specifications or was to meet the Consumer’s individual needs;
b. covers a Product which after delivery is connected with other items in an inseparable manner because of its properties.
X. AN ENTREPRENEUR AS A BUYER
1. If the Buyer is an Entrepreneur, the right to withdraw from the remote agreement does not apply.
2. If the Buyer is an Entrepreneur, the Seller’s liability under the statutory warranty for physical and legal defects in the Product is excluded.
3. The Seller’s compensatory liability under the statutory liability for physical and legal defects in the Product is excluded to the greatest extent permissible by absolutely applicable legal regulations.
XI. RESERVATIONS, WARRANTIES AND LIABILITY
1. Given the User’s good and to ensure the top quality of the Website, the Website, all its functionalities and services must be used in accordance with the character, purpose and objective of the Website. It is forbidden, in particular, to take up actions that are contrary to commonly applicable legal regulations, these Regulations and good habits.
2. The Seller will use all efforts to ensure that the Website and all services provided via the Website operate continuously without disruption. However, the Seller is not liable for any disturbances caused by force majeure or any forbidden interference by Users or third parties for whom the Seller is not liable for. The Seller guarantees that the Website will be accessible at the rate of 90% per annum.
3. The Seller reserves the right to implement all safety elements aimed at the protection of the correct operation of the Website, including safety elements protecting the Website against Users’ actions which violate these Regulations or principles connected with the activity of the Website.
4. The Seller reserves the right to anonymously publish contents addressed by Users to the Website service team in relation to issues connected with Website operation (FAQ), advice given and other issues, if the Seller finds that responses to those contents are worth publishing.
5. The Seller reserves the right to earn benefits from advertisements published in the Website, which is hereby accepted by any User that uses the Website.
XII. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights to the Website, in particular to the content, word and figurative marks, names, pictures, graphics, sound effects, information, functionalities and services available in the Website, are attributable solely to the Seller or the Seller’s partners that provided the materials to the Seller for use. By using the Website on the basis of these Regulations, the User does not acquire any rights to all or a part of the intellectual property rights.
2. Without the Seller’s written consent, it is forbidden to copy, duplicate or otherwise use, fully or partially, the above intellectual property rights to the Website. This does not apply to the automated temporary storage of files in the memory of digital equipment as a result of the ordinary use of the Website for purposes set out herein and any use permitted by law.
1. These Regulations may be amended only for important reason in such a manner that Users may beforehand read and accept the amendments or resign from further use of the Website under the existing terms and conditions.
2. The Seller will publish amendments to these Regulations in the webpages of the Website. The information about amendments to the Regulations will be published at least 14 days before the effective date of the amended Regulations.
3. The amendments to these Regulations do not apply to orders placed before the effective date of the amended Regulations.
4. The Website’s promotions, competitions and additional services whose detailed terms and conditions will be defined in appendices to these Regulations are not deemed to be amendments hereto.
1. These Regulations are made available to Users free of charge via the Website and may be recorded, in particular by printing, recording in any medium or downloading from the Website anytime.
2. The invalidity of any of the provisions of these Regulations confirmed by a ruling of a competent court is without prejudice to other provisions hereof.
3. All matters not provided for in these Regulations are governed by the applicable regulations of Polish law, unless legal regulations which are absolutely binding in the User’s state provide otherwise.
4. All disputes arising from the operation of the Website and the provision of the Website’s services will be resolved by Polish competent common courts, subject to Section 5 below.
5. All disputes arising from the operation of the Website and the provision of the Website’s services with an entrepreneur whose registered office is located in Germany will be resolved by a competent court for Wesel (North Rhine - Westphalia). All disputes related to issues not provided for in these Regulations will be governed by the law of the Federal Republic of Germany.
6. Users may address all their comments, suggestions and questions to the following address firstname.lastname@example.org.
Withdrawal Form (PDF)