Terms of service

General Terms and Conditions with Customer Information
Table of Contents:

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Special Conditions for Processing Goods According to Customer's Specifications
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of WickerPL Radomska Joanna, Łętownia 454, 37-312 Łętownia, Poland (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer regarding the items in the cart by clicking the button that finalizes the ordering process. Furthermore, the Customer may also submit the offer by phone or email to the Seller.

2.3 The Seller can accept the Customer’s offer within five days:

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), with the decisive factor being the receipt of the order confirmation by the Customer, or
• by delivering the ordered goods to the Customer, with the decisive factor being the receipt of the goods by the Customer, or
• by requesting payment from the Customer after the Customer has placed the order.

If multiple of the aforementioned alternatives occur, the contract is concluded at the moment the first of these alternatives occurs. The deadline for accepting the offer starts the day after the offer is sent by the Customer and ends at the close of the fifth day after the offer is sent. If the Seller does not accept the Customer’s offer within the specified period, it is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in accordance with the PayPal user agreement, available at PayPal User Agreement, or if the Customer does not have a PayPal account, according to the terms for payments without a PayPal account, available at PayPal Terms for Payments Without Account. If the Customer pays using one of the payment methods offered by PayPal during the online ordering process, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted the order. The Seller does not provide further access to the contract text. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data is archived on the Seller’s website and can be retrieved by the Customer free of charge via their password-protected user account using the corresponding login details.

2.6 Before the binding submission of the order via the Seller's online order form, the Customer can recognize any input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process as long as they use the usual keyboard and mouse functions, until they click the button that finalizes the ordering process.

2.7 For the conclusion of the contract, both German and English languages are available.

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have the right to withdraw from the contract.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the Seller, the prices listed are total prices that include the statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment options will be communicated to the Customer in the Seller's online shop.

4.3 If prepayment by bank transfer is agreed upon, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out via shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the Seller during the order processing is decisive for the execution of the transaction.

5.2 If the delivery of the goods fails due to reasons for which the customer is responsible, the customer will bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the customer exercises their right of withdrawal effectively. For return shipping costs, the regulation set out in the Seller’s withdrawal policy applies in the case of the customer effectively exercising their right of withdrawal.

5.3 Self-pickup is possible.

6) Retention of Title

If the Seller provides an advance performance, they retain ownership of the delivered goods until full payment of the owed purchase price has been made.

7) Liability for Defects (Warranty)

7.1 If the purchased goods are defective, the statutory provisions on liability for defects apply.

7.2 In deviation from this, for used goods: Claims for defects are excluded if the defect appears more than one year after delivery of the goods. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period. However, the shortening of the liability period to one year does not apply:

• to items that have been used according to their usual,
• for claims for damages and reimbursement of expenses by the customer, as well as
• in the event that the Seller has deliberately concealed the defect.

7.3 If the customer is a consumer, they are requested to report delivered goods with visible transport damage to the carrier and inform the Seller about this. Failure to do so will not affect their statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to Specific Customer Specifications

8.1 If, under the terms of the contract, the Seller is obligated not only to deliver goods but also to process the goods according to specific customer requirements, the Customer must provide the Seller with all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the necessary usage rights for these materials. The Customer is solely responsible for obtaining and acquiring the rights to these materials. The Customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the Seller. The Customer particularly ensures that no third-party rights are infringed upon, especially copyright, trademark, and personal rights.

8.2 The Customer shall indemnify the Seller against claims from third parties who may assert their rights in connection with the Seller’s contractual use of the Customer’s content. The Customer is also responsible for covering reasonable costs for necessary legal defense, including all court and lawyer fees at statutory rates. This does not apply if the legal violation is not the fault of the Customer. The Customer is obligated to provide the Seller with all necessary information in case of a third-party claim, truthfully and completely, to assess the claims and to defend against them.

8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or public morals. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifies violence.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued by the Seller as part of promotional campaigns with a specific validity period and are provided free of charge, and cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if such a restriction is stated in the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Multiple Promotional Vouchers can be redeemed for a single order.

9.5 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to pay the difference.

9.7 The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods that were fully or partially paid for using the Promotional Voucher under their statutory right of withdrawal.

9.9 The Promotional Voucher is intended for use only by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller has the right, but is not obligated, to verify the material entitlement of the respective voucher holder.

10) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Poland shall apply, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Alternative Dispute Resolution

11.1 The European Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration body.