Regulations of the On-line Store - q-workshop.com
I. General provisions
1. These Regulations define general terms and conditions, the manner of providing services by electronic means and sales conducted via the On-line Store q-workshop.com. The On-line Store is running a business under the name QW Sp. z o.o.., entered into the Register of Entrepreneurs of the Central Registration and Information on Business kept by the Minister of Development, address: ul. Trójpole 3 61-693 Poznań, NIP [Tax Identification Number]: 7792432976, REGON [National Official Business Register]: 361993091, hereinafter referred to as the Seller.
2. Contact with the Seller takes place through:
a. electronic mail address: shop@q-workshop.com,
b. by phone: +48 723 010 001,
c. the contact form is available at: https://q-workshop.com/en/contact.
3. These Regulations are continuously available on the q-workshop.com website, in a manner that allows to obtain, reproduce and save its content by printing or saving it on a carrier at any time.
4. The Seller informs that the use of services provided electronically may involve the threat on the part of every user of the Internet network, consisting in the possibility of introducing malicious software into the ICT system of the Customer and obtaining and modifying its data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.
II. Definitions
III. The terms used herein shall have the following meaning:
1. Business days - these are days from Monday to Friday, excluding public holidays;
2. Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, which under specific legal provisions is provided with the legal capacity, which orders within the On-line Store or uses other Services available in On-line Store;
3. Polish Civil Code – Act of 23rd April 1964, (Dz. U. [Journal of Laws] No. 16, item 93 as amended);
4. Account - a part of the On-line Store assigned to a given Customer, by means of which the Customer may perform specific actions within the On-line Store;
5. Consumer - a Customer who is a consumer within the meaning of art. 22 [1] of the Polish Civil Code;
6. Entrepreneur - a Customer who is an entrepreneur within the meaning of art. 43 [1] of the Polish Civil Code;
7. Regulations - this document;
8. Goods - a products presented in the On-line Store, the description of which is available at each of the presented products;
9. Contract of Sale - a Contract for the sale of Goods within the meaning of the Polish Civil Code, concluded between the Seller and the Customer;
10. Services - services provided by the Seller to the Customers via electronic means within the meaning of the provisions of the Act of 18th July 2002 on the provision of electronic services (Dz.U. [Journal of Laws] No. 144, item 1204, as amended);
11. Consumer Rights Act - Act of 30th May 2014 on consumer rights (Dz. U. [Journal of Laws] 2014, No. 827);
12. The Act on the provision of services electronically - the Act of 18th July 2002 on the provision of electronic services (Dz. U. [Journal of Laws] No. 144, item 1204 as amended);
13. Order - Customer's declaration of intent, aimed directly at the conclusion of the Contract of Sale, specifying in particular the type and number of the Goods.
IV. The rules of using the On-line Store
1. Using the On-line Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a. a computer or a mobile device with Internet access,
b. access to electronic mail,
c. Internet browser Internet Explorer version 11 or newer, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or newer,
d. enabling Cookies and Javascript in the browser.
2. Using the On-line Store means any activity of the Customer, which leads to familiarization with the content contained in the Store.
3. Customer is in particular obliged to:
a. not provide or forward content prohibited by law, e.g. content that promotes violence, defamatory or violating personal rights and other rights of third parties,
b. use the On-line Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
c. refrain from taking actions such as: sending or posting unsolicited commercial information within the On-line Shop (spam),
d. use the On-line Store in a manner that is not inconvenient for other Customers and for the Seller,
e. use any content presented on the On-line Store only for personal use,
f. use the On-line Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
V. Services
1. The Seller enables the use of free Services via the On-line Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. Account maintenance service in the On-line Store is available after registration. Registration takes place by completing and accepting the registration form, which is available on one of the websites of the On-line Store. The contract for the provision of a service consisting in running an Account in the On-line Store is concluded for an indefinite period and terminates when the Customer requests to delete the Account or use the "Delete Account" button.
3. The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, a valid e-mail address must be provided or the appropriate field in the registration form or the Order form must be activated. The customer may at any time withdraw consent to the transmission of commercial information. The Newsletter service contract is concluded for an indefinite period and terminates when the Customer requests to remove their e-mail address from the subscription to the Newsletter or unsubscribe using a link in the message sent as part of the Newsletter service.
4. The customer has the possibility to send a message to the Seller via the contact form. The contract for the provision of a service consisting in providing an interactive form enabling customers to contact the Seller is concluded for a definite period of time and terminates at the moment of providing a response by the Seller.
5. The Seller has the right to organize occasional competitions and promotions, the terms and conditions of which shall always be provided on the Store's websites. Promotions in the On-line Store are not subject to aggregation, unless the Regulations of a given promotion state otherwise.
6. In the event of a breach by the Customer of the provisions of these Regulations, the Seller after the prior ineffective call to cease or remove violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
VI. Procedure for the conclusion of the Contract of Sale
1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Polish Civil Code.
2. All Goods available on the On-line Store are brand new, free from physical and legal defects and have been legally introduced into the Polish market.
3. The condition for submitting the Order is to have an active e-mail account.
4. In the case of placing orders via the Order form available on the On-line Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude an Agreement for the sale of Goods, being the subject of the Order. An offer submitted in electronic form binds the Customer if the Seller sends a confirmation of acceptance to the Customer's e-mail address provided by the Customer, constituting the Seller's statement on accepting the Customer's offer and upon the receipt of the Customer's contract a Contract of Sale is concluded.
5. Placing an Order in the On-line Shop via the telephone or by sending an electronic message shall take place in the Business Days and times indicated on the On-line Store website. For this purpose, the Customer should:
a. in the content of an e-mail addressed to the Seller provide the name of the Goods from among the Goods on the Store's website and their quantity,
b. indicate the method of delivery and payment among the delivery and payment methods given on the Store's website,
c. provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
6. Information on the total value of the Order is provided each time by the Seller by phone after completing the entire Order or by informing through e-mail, along with information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, upon that moment the Contract of Sale is concluded.
7. In case of the Customer being a Consumer, the Seller shall each time, after submitting the Order via telephone or electronic mail, send the Customer a confirmation of the conditions of the placed Order, which shall contain information about:
a. description of the subject of the Order,
b. unit and total price of ordered products or services including taxes, delivery costs and additional costs (if any),
c. the method of contact with the Seller and its registration data,
d. the chosen method and date of payment,
e. the chosen method of delivery,
f. delivery time,
g. customer contact details,
h. the Regulations,
i. that the conclusion of the Contract entails the obligation to pay for the placed Order,
j. instruction on the right to withdraw from the Contract with its specimen.
8. If the Seller proposes to the Customer being a Consumer to conclude a contract by phone, the contract is concluded upon sending by the Customer who is a Consumer (in response to the order conditions sent by the Seller) an electronic message to the Seller's e-mail address where the Customer: accepts the content of the sent Order and expresses consent to its implementation and accepts the content of the Regulations and confirms familiarization with instructions on withdrawal from the Contract.
9. After the conclusion of the Contract of Sale, the Seller confirms to the Customer its terms and conditions, sending them to the Customer's email address or in writing to the address provided by the Customer.
10. The Seller, in accordance with the will of the Customer, delivers, together with the Goods, a receipt or a VAT invoice covering the Goods delivered.
11. The Contract of Sale is concluded in Polish or English, according to the Client's choice, with the content complying with the Regulations.
VII. Delivery
1. The Seller delivers the goods to all countries except: Argentina, Brazil, North Korea, Libya, Madagascar, Norfolk, Saint-Barthelemy, Saint-Martin and the delivery is carried out to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following forms of delivery of the ordered Goods:
a. through a courier company,
b. through a postal operator.
3. The Seller on the Store's websites, in the description of the Goods, informs the Customer about the number of Business Days needed to execute the Order and its delivery, as well as the amount of fees for delivery of the Goods.
4. The date of delivery and execution of the Order is counted in Business Days in accordance with point VII clause 2.
5. If for the Goods covered by the Order, a different period of execution is provided, the longest period out of those foreseen, applies to the entire Order.
VIII. Prices and payment methods
1. The prices of the Goods are given in Polish zlotys, British pounds, US dollars or Euro depending on the country from which the Customer places the Order and contain all components, including VAT, customs duties and other charges. In the case of an Order placed outside the customs territory of the European Union, the Customer may incur other additional costs related to the obligation to pay import duties.
2. The customer can choose the following payment methods:
a. bank transfer to the Seller's bank account (in this case, the processing of the Order shall commence after sending the confirmation of the Order to the Customer by the Seller, and the shipment will be made immediately after receipt of the funds to the Seller's bank account and completing the Order);
b. electronic payment (in this case, the processing of the Order shall be commenced after the Seller sends the confirmation of the Order and after receipt by the Seller of information from the clearing agent system about the payment by the Customer, and the shipment will be made immediately after completing the Order).
3. The Seller on the Store's websites informs the Customers about the deadline in which they are obliged to make the payment for the Order. If the Customer fails to pay by the deadline referred to in the previous sentence, the Seller after previous unsuccessful request for payment appointing an appropriate deadline may withdraw from the Contract under the art. 491 of the Polish Civil Code.
IX. The right to withdraw from the Contract
1. The Customer who is a Consumer may withdraw from the Contract without giving a reason, by submitting an appropriate statement within 14 days. To comply with this deadline, it is sufficient to send a statement before expiry of the deadline.
2. The Customer can formulate a statement on their own or use a template of the statement on withdrawal from the Contract, which constitutes Annex No. 1 to the Regulations.
3. The 14-day period is counted from the day on which the Goods were delivered or in the case of the Contract for the provision of Services from the date of its conclusion.
4. Upon receipt of a declaration of withdrawal from the Contract by the Consumer, the Seller shall send to the Consumer's e-mail address confirmation of receipt of the statement on withdrawal from the Contract.
5. The right to withdraw from the Contract by the Consumer is excluded in the case of:
a. provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the beginning of the provision that after fulfilling the provision by the Seller, they shall lose the right to withdraw from the Contract;
b. Contract 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 deadline for withdrawal from the Contract;
c. Contract the subject of which is the provision of non-prefabricated Goods, manufactured according to the specification of the Consumer or serving to satisfy their individual needs;
d. Contract in which the subject of the provision is a Product that is subject to rapid deterioration or has a short shelf-life;
e. Contract in which the subject of the provision is a product delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f. Contract in which the subject of the provision are Products which after delivery, due to their nature, are inseparably connected with other items;
g. Contract in which the subject of the provision are alcoholic beverages, the price of which was agreed at the conclusion of the Contract of Sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;
h. Contract in which the Consumer expressly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those performance of which the Consumer demanded, or supplies Goods other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Contract shall be due to the Consumer with regard to additional services or Goods;
i. Contracts in which the subject of the provision are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; provision of newspapers, periodicals or magazines, with the exception of the Contract of Subscription;
j. Contract concluded through a public auction;
k. Contract for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
l. Contract for the supply of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's explicit consent before the deadline for withdrawal from the Contract, and after informing the Seller about the loss of the right to withdraw from the Contract.
6. In the event of withdrawal from the Contract concluded remotely, the Contract is considered as not concluded. What the parties have rendered is returned in an unaltered state, unless a change was necessary to establish the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller's address.
7. The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract, return to the Consumer all payments made by them, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return; however this method shall not entail any cost for the Consumer. The Seller may withhold reimbursement of payment received from the Customer until receipt of the item back or delivery of proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer itself.
8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
9. The Customer bears only the direct cost of returning the Product, unless the Seller has agreed to bear the cost.
X. IX. Complaints regarding the Goods under the warranty
1. The Seller undertakes to deliver the Goods without defects.
2. The Seller is liable to the Customer, including the Customer who is a Consumer, under the warranty for defects under the terms and conditions specified in art. 556 - 576 of the Polish Civil Code.
3. Complaints arising from the infringement of the Customer rights guaranteed by law or under these Regulations should be directed to the following address: QW Sp. z o.o.., ul. 11 Listopada 1A, 62-310 Pyzdry, to the e-mail address: shop@q-workshop.com, telephone number +48 723 010 001 or using the contact form.
4. In order to consider a complaint, the Customer should send or deliver the Goods complained about, if it is possible by attaching proof of purchase to it. Goods must be delivered or sent to the address indicated in point 3.
5. The Seller undertakes to process each complaint within 14 days.
6. In the event of any shortcomings in the complaint, the Seller shall call the Customer to complete it as soon as possible, but no later than within 7 days from the date of receipt of the request by the Customer.
XI. Complaints regarding the provision of services electronically
1. The Customer may lodge to the Seller complaints in relation to the functioning of the Store and use of the Services. Complaints may be submitted in writing to the following address: QW Sp. z o.o., ul. 11 Listopada 1A, 62-310 Pyzdry, to the e-mail address: shop@q-workshop.com, telephone number +48 723 010 001 or using the contact form.
2. In the complaint, the Customer should provide their name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to review each complaint within 14 days, and if it was not possible, to inform the Customer during this period, when the complaint shall be considered.
4. In the event of any lacks in the complaint, the Seller shall call the Customer to complete it within the necessary scope in the period of 7 days from the date of receipt of the request by the Customer.
XII. Warranties
1. All our Goods are covered by a voluntary manufacturer's lifetime warranty. The lifetime warranty is granted to consumers under the same terms and conditions as the standard warranty and covers damage to products used under normal conditions, in accordance with instructions or intended use. To exercise the lifetime warranty, a proof of purchase (invoice / receipt) is required.
XIII. Out-of-court proceedings of settling complaints and pursuing claims
1. The Customer who is a Consumer has i.a. the following possibilities of using extra-judicial means of processing complaints and pursuing claims:
a. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Contract of Sale;
b. is entitled to address the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings, regarding the amicable settlement of a dispute between the Customer and the Seller;
c. can get free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the powiat (municipal) consumer ombudsman or social organization, whose statutory tasks include protection of Consumers (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at email porady@dlakonsumentow.pl;
d. file their complaint via the EU ODR on-line platform, available at: http://ec.europa.eu/consumers/odr/.
XIV. Personal data protection
1. The Seller's personal data is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy, which constitutes Annex No. 2 to the Regulations.
XV.Final provisions
1. All rights to the On-line Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the On-line Store, as well as to forms and logos belong to the Seller, and their use may only take place in a manner specified and consistent with Regulations.
2. Settlement of any disputes arising between the Seller and the Customer who is a Consumer is subject to the competent courts in accordance with the provisions of the relevant provisions of the Polish Code of Civil Procedure.
3. Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subject to a court having jurisdiction over the registered office of the Seller.
4. In matters not covered by these Regulations, the provisions of the Polish Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law shall apply.
5. Any and all amendments to these Regulations shall be communicated to each Customer via the information on the home page of the On-line Store, containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about amendments along with their list to the e-mail address indicated by them. The date of entry into force of the amendments will not be shorter than 14 days from the date of their publication. In the event that the Customers who have a Customer Account do not accept the new content of the Regulations, they are obliged to notify the Seller about this fact within 14 days from the date of informing about the change of the Regulations. Notification of the Seller about the lack of acceptance of the new Regulations results in the termination of the Contract.