Bag
ONLINE STORE RULES
www.wojas.eu is an online store available at www.wojas.eu and operated by Wojas Spółka Akcyjna based at Szewska 8 in Nowy Targ (34-400), entered into the register of entrepreneurs maintained by the District Court for Kraków Śródmieście in Kraków, 12th Division of Commerce of the National Court Register under no. 0000276622, REGON: 120415969, TIN: 7352691202, share capital: 12.676.658,00 PLN, paid up in full, hereinafter referred to as “the Seller”.
E-mail address: shop@wojas.eu.
I. General provisions
Shipments of goods ordered at wojas.eu Online Store are made within the EU.
Details of shipment prices are available at: https://wojas.eu/en_UK/information/delivery-and-returns
1. Prices in the Online Store are provided in Euros and include VAT (gross prices).
2. Orders can be made via the website accessible at www.wojas.eu domain.
3. The price given with the product at the time the Customer places an order is binding for both parties to the transaction.
4. Upon making an online order by the Customer and acceptance of such order by the Online Store, a unique order number will be generated. The Customer is notified about such order number in an e-mail message. Other information about order processing is also provided to the Customer via e-mail.
5. All goods offered for sale by wojas.eu Online Store are new and free from physical or legal defects.
II. Purchase conditions
1. Goods may be ordered exclusively via the website with www.wojas.eu domain.
2. Filling in the Order Form is a necessary condition to place an order with the Online Store system. The Customer must provide his/her name, address details, phone number and e-mail address to which an order confirmation will be sent (“Order Form”).
3. The Customer who has correctly filled in the Order Form and made an order is the Buyer within the meaning of these Rules. The Rules define which provisions are addressed exclusively to the Customers who are consumers.
4. Acceptance of each order placed with the Online Store is confirmed via e-mail by the Online Store staff.
5. The Seller reserves the right to refuse to accept those Order Forms which are incomplete or filled incorrectly or whose errors prevent successful processing.
6. Orders can be placed continuously, except short service breaks.
7. Orders made on Sundays and on holidays/banking days will be accepted for processing on the first working day following the day on which an order was made.
8. The Buyer may resign from the order by the time it is shipped. The Buyer will be notified about the shipment via e-mail. Resignation from order may be made by phone call on the telephone number indicated at www.wojas.eu/en_UK/contact to the Online Store or via email at shop@wojas.eu. Please give the following subject to your email: “resignation from - order no…”. Resignation from the order placed by the Customer will be effective provided that it is received by the Online Store before shipment of the ordered goods. Resignation may refer to the entire order or its part. If payment for the order goods was made in advance, return to the Customer’s account will be made within 7 business days.
9. If the Seller is unable to process the order because the goods are unavailable, the Buyer will be informed about such situation immediately, no later than within 3 business days and all the funds paid by the Buyer for the goods will be returned to the Buyer’s account. The seller may suggest a longer period for processing the order, to which the Buyer may agree. Alternatively, the Buyer may withdraw from the deal.
10. The prices given with each offered item do not include shipment costs.
11. The total price of the goods specifying shipment costs (if any) will be displayed in the summary section of the Order Form.
12. Each shipment has a VAT invoice enclosed to it as a proof of purchase.
13. To get a VAT invoice enclosed to the delivered goods, the Buyer must provide the details necessary to issue such Invoice. Provision of such details by the Buyer in the Order Form is deemed as the Buyer’s consent to have a VAT invoice issued without his/her signature.
14. The consumer’s consent to provide digital data does not infringe his/her right to withdraw from the agreement.
15. An acknowledgement of remote agreement conclusion shall be forwarded by the Seller to the Buyer on a permanent data carrier on the day of the goods delivery at the latest. The acknowledgement includes:
a) a VAT invoice;
b) a copy of these rules which in particular contains the information referred to in art. 12 sec. 1 of the act on consumer rights; and information on the consumer’s consent to provide digital content in the circumstances that result in losing the right to withdraw from the agreement.
III. Time and form of order processing
1. The goods ordered with the Online Store are delivered by courier or mail service.
2. In compliance with the Civil Code, the Online Store provides the expected time of shipment dispatch in days. This time begins with accepting the order for processing followed by handing the package over to the courier service and ends with the goods delivery to the Buyer. The order is delivered to the address indicated in the Order Form at a soonest possible time, but no later than within 30 days.
3. To avoid disputes, the Seller represents that in the case of an advance payment option (quick transfer, standard transfer and credit card payment) the delivery time shall begin upon crediting the Seller’s account.
4. Opting for an advance payment means that the Customer simultaneously undertakes to make an immediate payment to the Seller’s bank account. If no funds are credited in the Seller’s account within 3 business days (except Saturdays, Sundays and other banking days) from the date of order placement with the Online Store, the order shall be cancelled. Payment day is deemed to be the day the funds are credited in the Seller’s bank account.
IV. Payment methods
1. Payment for the order placed with the online Store may be made:
a) to the courier (cash on delivery)
b) by advance payment (bank transfer) including via the Przelewy.24 system.
2. In the case of orders collected personally from one of our retail stores, payment may be made by advance transfer, including Przelewy24, Paypal or traditional money order.
V. Cost of delivery
1. Deliveries are made exclusively by a courier services available in the Online Store or by means of a self-service parcel pick-up station to ensure parcel safety and comfort to the Buyer.
2. The Buyer bears the cost of delivery indicated in the Delivery price list on our website tab: https://wojas.eu/en_UK/information/delivery-and-returns.
VI. Returns (Withdrawal from the purchase/sales agreement).
1. The consumer making a purchase may, within 30 day, withdraw from the purchase/sales agreement without giving any reason and incurring no costs, by filing a relevant written notice. To keep the deadline, it is sufficient to send such notice before the deadline is over.
2. The period for return from the purchase/sales agreement begins with the date the goods were delivered to the consumer or another person indicated by the consumer.
3. The notice of withdrawal from the agreement may be filed on our Form “Notice of withdrawal from remote agreement” available on the Online Store website which should be filled in, signed and returned together with the goods to the postal address of the Online Store or delivered to one of Wojas retail stores
4. Wojas S.A. kindly requests its Customers to use the foregoing Form, i.e. “Notice of withdrawal from remote agreement”, available at https://wojas.eu/en_UK/information/delivery-and-returns for returns or, if another form of notice is used, make sure that all the information requested in the Form is duly provided.
Please return the goods to the company registered address:
Wojas S.A., ul. Szewska 8, 34-400 Nowy Targ, Poland with a note: „RETURN– online store”.
5. The return mentioned above is valid only if the goods are in their original/unaltered condition, unless the change was necessary and within the scope of ordinary management. The return may be made in the original packaging (if any). The goods should be duly protected.
6. The Seller, within 14 days from the receipt of the Buyers notice of withdrawal from the agreement, shall return all the payments made by the Buyer, including the cost incurred for delivery. The Buyer has the right to return the goods to the Seller immediately, but not later than within 14 days following the date of withdrawal from the agreement. To meet the deadline it is sufficient to dispatch the goods before it is over.
7. The Seller shall return payment using the same method as originally used by the consumer, unless the consumer explicitly accepted an alternative method which generates no extra costs to be borne by the consumer.
8. The Seller may wait with the return of payment received from the consumer until the delivery of the goods is effected or the consumer provides a valid proof of making the return, depending which of them occurs earlier.
9. If the consumer opts for the delivery method other than the most economical and ordinary delivery method offered by the Seller, then the Seller may refuse to return to the Buyer possible extra expenses incurred by the latter thereof.
10. The consumer bears the cost of returning the goods. Free return may be made only at one of our retail stores.
11. The consumer is responsible for any decrease in the value of the goods caused by using the goods in the way that goes beyond the necessary steps taken to identify the character, qualities and functioning of the goods.
12. Once the consumer withdraws from the remote agreement or the one concluded outside the business premises of the Seller, other agreements related to or connected with the same are automatically terminated, if they constitute the grounds for service provision by the entrepreneur or any third party under an agreement with the entrepreneur. The consumer bears no costs resulting from termination of any such extra agreements, except the costs indicated in art. 33, art. 34 sec. 2 and art. 35 of the Act on consumer rights. If such extra agreement was concluded with a third party, the Seller shall notify such third party about the consumer’s withdrawal.
13. The Customer may exchange the goods that he/she ordered. The exchange is understood as a return of the purchased goods to the company registered address:
Wojas S.A., ul. Szewska 8, 34-400 Nowy Targ with a note: „RETURN – online store” and placing another (new) order for the desired goods.
14. If the Client wishes to exchange the goods at one of Wojas retail stores, such exchange is not provided. The Client shall return the goods as instructed in wojas.eu/en_UK/information/delivery-and-returns and place a new order at wojas.eu Online Store.
VII. Making complaints. Out of court complaint handling and redress.
1. The condition of handling a complaint is a proof of purchase (receipt, VAT invoice) or other acknowledgement of the purchase/sales agreement conclusion.
2. The complaint may be filed on WOJAS Complaint Form available at the Online Store website: www.wojas.eu.
3. The complaint shall be handled immediately, but no later than within 14 calendar days from the date of receipt of the defective product with a set of duly signed and filled documents sent to Wojas S.A., ul. Szewska 8, 34-400 Nowy Targ, Poland with a note: “COMPLAINT – online store”.
4. Under the warranty, the Seller is liable for physical defects which already existed when the risk was being transferred onto the Buyer, or occurred for the reason concealed in the product at the time of purchase.
5. If the product sold to the Buyer has a defect, the Buyer may request to keep it at reduced price or withdraw from the agreement, unless the Seller, acting immediately and doing its best to prevent the Buyer’s inconvenience, exchanges such deficient product to a new one that is free from defects or removes such defect. This reservation does not apply if the product has already been exchanged or repaired by the Seller or the Seller did not satisfy the duty to exchange the faulty product or remove the defect.
6. If the Buyer has the status of a consumer, instead of the defect removal offered by the Seller, he/she may request the exchange of the faulty product into a new one free from defects and vice versa, provided that ensuring that the product quality conforms with the agreement is impossible or too costly compared to the method suggested by the Seller. The following factors are taken into account to estimate possible costs: value of the product free from defects, type and meaning of the defect and possible inconveniences to the Buyer resulting from the choice of alternative redress.
7. Reduced price should remain in such proportion to the original price under the agreement that corresponds to the difference between the value of the faulty product and the product free from defects.
8. The Buyer cannot withdraw from the agreement if the defect is a minor one.
9. If the product sold to the buyer has a defect, he/she may request to have it exchanged to the one free from defects.
10. The Seller is under obligation to exchange a faulty product to the one free from defects or remove the defect within reasonable time with no inconvenience caused to the Buyer.
11. The Seller may refuse to redress the Buyer’s claim, if making the faulty product conform with the agreement in the way selected by the Buyer is impossible or, compared to another possible method of achieving such conformity, would require excessive costs. If the Buyer is an entrepreneur, the Seller may refuse to exchange a faulty product into the one free from defects or remove the defect also when the cost of such redress is higher than the actual price of the product sold to that entrepreneur.
12. If the Buyer is not an entrepreneur, the Civil Code regulations on the warranty for defects shall apply.
13. Each notice of defect (complaint) should contain a description of such defect, date of defect identification and requested method of defect removal.
14. If the complaint is about mechanical damage caused in transport, please make a report of such damage in the presence of the courier and then send the product and the report to the address indicated in sec. 3.
15. Details of out-of-court methods of customer complaint resolution and pursuing claims are available in the seats and on the websites of district (municipal) consumer advocates and social organizations which, as part of their statutory activity, deal with consumer protection, provincial inspectorates of Trade Inspection and the Office of Competition and Consumer Protection (www.uokik.gov.pl/spory_konsumenckie.php). Access rules to these procedures can be found at:
a) https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php,
b) www.uokik.gov.pl/wazne_adresy.php,
c) www.uokik.gov.pl/sprawy_indywidualne.php.
16. The consumer may receive free of charge assistance in the matter of an individual dispute resolution between the Consumer and Wojas S.A. through the municipal or district consumer advocate or other social organization whose statutory activity includes consumer protection.
17. Another entity that may offer assistance in individual disputes or consumer complaints involving cross-border transactions is the Network of European Consumer Centres – see www.konsument.gov.pl for address details.
18. The Consumer may opt for one of the following methods of out-of-court methods of dispute resolution between the Consumer and Wojas S.A.:
a) applying to the provincial inspector from the Trade Inspection to start the proceedings in the matter of out-of-court dispute resolution;
b) applying to the court of arbitration at the provincial Inspector of Trade Inspection to resolve a dispute arising from the sale agreement. A list of all provincial inspectors of the Trade Inspection and courts of arbitration with their online web addresses is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl/wazne_adresy.php). A list of other institutions dealing with out-of-court resolution of consumer disputes, as well as the information on the type of problems that they specialize in, can be found on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). There is also a contact point operating at the President of the Office of Competition and Consumer Protection, which deals with out-of-court resolution of consumer disputes and online system of consumer dispute resolution, whose duties include providing help to the Consumers in matters related to out-of-court resolution of consumer disputes, in particular those involving cross-border agreements.
19. Another tool available to the Consumer is the platform for the online system of consumer dispute resolution (ODR) acknowledged by Regulation (EU) No. 524/2013of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR ). The role of the European ODR platform is to facilitate independent, objective, transparent, efficient, quick and fair out-of-court, Internet based dispute resolution between consumers and entrepreneurs related to contractual obligations arising from online sale agreements or service agreements concluded between consumers with UE residence and entrepreneurs based in UE.
The ODR platform can be accessed at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=PL
Please enter Wojas S.A. e-mail for contact with Customers: shop@wojas.eu
20. Using the available methods of out-of-court complaint resolution and claim seeking is possible upon closing of complaint procedure and is voluntary - both parties must agree to such procedure. Wojas S.A. will give or refuse its consent to use out-of-court consumer dispute resolution individually and separately in each case.
VIII. Personal data protection
1. The controller of the Buyer’s personal data is WOJAS Spółka Akcyjna based at Szewska 8 in Nowy Targ (34-400), Poland, contact: shop@wojas.eu. the Seller processes the Buyer’s personal data to conclude and implement a sale agreement via the online store (art. 6 sec. 1.b GDPR), provide online services including a newsletter supply (art. 6 sec. 1.b GDPR), direct marketing (art. 6 sec. 1.f GDPR). The receivers of the Buyer’s personal data may include: carriers or their agents making deliveries, entities providing electronic/card payment services, IT suppliers, marketing and analytic activity service providers. The Buyer has the right to object to his/her personal data being processed under art. 6 sec. 1.f GDRP. Personal data will be processed for marketing purposes until consent to such processing is withdrawn, while for profiling purposes – until an objection to such processing is submitted. In other respects, personal data will be processed until the expiry date of the service/sale agreement concluded with the Seller and for the period necessary to fulfil the obligations under applicable regulations of law (settlements, claim prescription). The Buyer may request to have access to his/her personal data, correct, remove or limit the extent of processing, object to such processing and transfer his/her data. In addition, the Buyer may file a complaint to the supervising body, i.e. the President of the Office of Competition and Consumer Protection. Provision of personal data is voluntary, while refusing to provide data prevents conclusion and implementation of the agreement and use of Wojas.eu. Online Store.
IX. Final provisions
1. These rules become effective upon 14 days from the date of their publication on the Online Store webpage: www.wojas.eu and apply solely to those Customers who purchased products after their effective date.
2. The remaining Customers (those who made purchases with the Seller) fall under previous Rules available in the Online Store records.
3. The owner of the Online Store reserves the right to amend these Rules. All amendments to or modifications of the rules shall be made by posting new content of the Rules on the Online Store website. All modifications of the current Rules or new content of the same shall become effective after 14 days from their publication on the Online Store website. The Customers shall be notified of any such modifications or new content of the Rules in the information posted on the Online Store website for at least 14 days and additionally by text message (those Customers who provided their e-mail address). The effective date of the Rules shall be indicated in their content. The modification of the rules shall not apply to the Customers who bought products before the modification was introduced, unless they are beneficial to the Customer and the Customer consents to accept them.
4. All product and manufacturer names referred to herein are used solely for business purposes and are registered Trademarks of such manufacturers.
5. These Rules are available on the Online Store website: www.wojas.eu in the form that enables their recording in the Buyer’s information and communication system.
