Wallyboards Terms and Conditions
Below you will find the rules governing the use of our store, placing orders, and your rights as a consumer.
We care about consumer rights. Contractual provisions less favourable to the consumer than those set out in the Consumer Rights Act are invalid. Any possible doubts shall be interpreted in favour of the consumer.
1. General provisions
1.1. The Online Store available at the internet address wallyboards.eu is operated by Satto Media Sp. z o.o., with its registered office at ul. Owsiana 62, 40-780 Katowice, Poland, entered in the register of entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register (KRS), under KRS number 0001142702, holding: tax identification number (NIP) 6343050029, statistical number (REGON) 540531914, with a share capital of PLN 10,000.00, e-mail address: info@wallyboards.eu, contact telephone number: +48 32 720 94 75.
1.2. These Terms and Conditions are addressed both to consumers and to businesses using the Online Store, unless a given provision of the Terms and Conditions states otherwise.
1.3. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains, above all, the rules concerning the processing of personal data by the Controller in the Online Store, including the grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM - an Electronic Service, an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Polish Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - an Electronic Service, a set of resources in the Service Provider's IT system, marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER - an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new arrivals and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS - these terms and conditions of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the internet address: wallyboards.eu.
1.4.11. SELLER; SERVICE PROVIDER - Satto Media Sp. z o.o., with its registered office at ul. Owsiana 62, 40-780 Katowice, Poland, entered in the register of entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register (KRS), under KRS number 0001142702, holding: tax identification number (NIP) 6343050029, statistical number (REGON) 540531914, with a share capital of PLN 10,000.00, e-mail address: info@wallyboards.eu, contact telephone number: +48 32 720 94 75.
1.4.12. SALES AGREEMENT - an agreement for the sale of a Product concluded or being concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity; - using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT - the Polish Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER - a declaration of will of the Customer made via the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.
2. Electronic services in the online store
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after the Service Recipient completes a total of three consecutive steps - (1) filling in the Registration Form, (2) clicking the "Sign up" button, and (3) confirming the wish to create an Account by clicking the confirmation link sent automatically to the e-mail address provided. In the Registration Form, it is necessary for the Service Recipient to provide the following data: first name and surname and e-mail address.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@wallyboards.eu or in writing to: ul. Owsiana 62, 40-780 Katowice, Poland.
2.1.2. Order Form - using the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two consecutive steps - (1) filling in the Order Form and (2) clicking the "Order with obligation to pay" button on the Online Store website after filling in the Order Form - until that moment it is possible to modify the entered data independently (to do so, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: first name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), type of Product(s) (size, layout, colours, lamination, finish); place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is of a one-off nature and ends upon placing an Order through it or upon earlier discontinuation of placing an Order through it by the Service Recipient.
2.1.3. Newsletter - using the Newsletter takes place after providing, in the "Newsletter" tab visible on the Online Store website, the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" button. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account - upon creation of the Account, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@wallyboards.eu or in writing to: ul. Owsiana 62, 40-780 Katowice, Poland.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, with respect for the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.4. The complaint procedure concerning Electronic Services is set out in section 6 of the Terms and Conditions.
3. Terms of concluding the sales agreement
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2. The price of the Product shown on the Online Store website is given in the currency displayed in the Online Store and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about delivery costs (including charges for transport, delivery and postal services) and other costs, and where the amount of these charges cannot be determined - about the obligation to pay them, on the Online Store website during the placing of the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements on receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. Methods and deadlines of payment for the product
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment by bank transfer to the Seller's bank account.
4.1.1.1. Bank: mBank SA; BIC/SWIFT BREXPLPWMBK
4.1.1.2. Bank account PLN: 41 1140 2004 0000 3502 3138 8612.
4.1.1.3. Bank account EUR: 73 1140 2004 0000 3812 0539 1273.
4.1.1.4. Bank account USD: 85 1140 2004 0000 3612 0482 9331.
4.1.2. Electronic payments and payment card payments via the PayU service - the currently available payment methods are specified on the Online Store website and at https://www.payu.pl.
4.1.2.1. Settlement of transactions made by electronic payments and payment cards is carried out via the PayU service. Electronic and payment card payments are operated by:
4.1.2.1.1. PayU - PayU S.A. with its registered office in Poznań, Poland (60-166 Poznań, ul. Grunwaldzka 186), entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399, NIP 779-23-08-495, REGON 300523444, share capital of PLN 4,944,000.00 paid in full, a national payment institution supervised by the Polish Financial Supervision Authority (KNF), entered in the register of payment services under number IP1/2012.
4.2. Payment deadline:
4.2.1. The Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. Cost, methods and time of delivery and collection of the product
5.1. Delivery of the Product is available within the territory of the Member States of the European Union, with the exception of Greece and Malta.
5.2. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the placing of the Order, including at the moment when the Customer expresses their will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Courier delivery.
5.5. The time of delivery of the Product to the Customer is up to 30 Working Days, unless a shorter time is specified in the description of a given Product or during the placing of the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 30 Working Days. The beginning of the delivery period of the Product to the Customer is counted from the date of crediting the Seller's bank account or settlement account.
6. Complaint handling procedure
6.1. This section 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the operations of the Seller or the Online Store.
6.2. The basis and scope of liability are determined by generally applicable law, in particular the Civil Code, the Consumer Rights Act and the Polish Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions concerning complaints about a Product - a movable item - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller by 31 December 2022 are set out in the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions determine, in particular, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (statutory warranty). The Seller is obliged to deliver a Product free from defects to the Customer. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the statutory warranty for a Product purchased in accordance with the preceding sentence towards a Customer who is not a consumer is excluded.
6.2.2. Detailed provisions concerning complaints about a Product - a movable item (including a movable item with digital elements), with the exception, however, of a movable item which serves solely as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1 January 2023 are set out in the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43a-43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer in the event of the Product's lack of conformity with the Sales Agreement.
6.2.3. Detailed provisions concerning complaints about a Product - digital content or a digital service, or a movable item which serves solely as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1 January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, are set out in the provisions of the Consumer Rights Act in the wording in force from 1 January 2023, in particular Articles 43h-43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the consumer in the event of the Product's lack of conformity with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the address: ul. Owsiana 62, 40-780 Katowice, Poland;
6.3.2. in electronic form via e-mail to the address: info@wallyboards.eu;
6.3.3. via the electronic complaint form available on the Online Store website.
6.4. A Product may be sent or returned as part of a complaint to the address: ul. Owsiana 62, 40-780 Katowice, Poland. In the case of a complaint submitted by a consumer on the basis of the provisions on the lack of conformity of goods with the contract, the Seller collects the Product subject to repair or replacement from the consumer at the Seller's expense.
6.5. It is recommended that the complaint description include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract; (2) a request for the manner of bringing the Product into conformity with the contract or a statement on price reduction or withdrawal from the contract, or another claim; and (3) the contact details of the person submitting the complaint - this will facilitate and speed up the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.6. If the contact details provided by the person submitting the complaint change while the complaint is being handled, the person is obliged to notify the Seller thereof.
6.7. The person submitting the complaint may attach to the complaint evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the person submitting the complaint to provide additional information or send evidence (e.g. photos) if this will facilitate and speed up the handling of the complaint by the Seller.
6.8. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt. The Seller's failure to respond within the above period to a complaint submitted by a consumer means that the Seller has accepted the complaint.
7. Out-of-court methods of handling complaints and pursuing claims and rules of access to these procedures
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Polish Office of Competition and Consumer Protection (UOKiK) at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: +48 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warszawa, Poland), whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place where the Seller conducts business activity); and (3) assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation and the Association of Polish Consumers). Advice is provided, among others, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline +48 801 440 220 (helpline open on Working Days, 8:00-18:00, call charged according to the operator's tariff).
8. Right of withdrawal from the contract
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before its expiry. The statement on withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Owsiana 62, 40-780 Katowice, Poland;
8.1.2. in electronic form via e-mail to the address: info@wallyboards.eu;
8.1.3. via the withdrawal function (electronic return form) made available by the Seller on the Online Store website.
8.1.4. If the consumer submits a statement on withdrawal from the contract electronically, including in the manner referred to in sections 8.1.2 and 8.1.3, the Seller shall immediately send the consumer, on a durable medium (by e-mail), confirmation of receipt of the statement on withdrawal from the contract.
8.2. The return of a Product - movable items (including movable items with digital elements) - as part of withdrawal from the contract may be made to the address: ul. Owsiana 62, 40-780 Katowice, Poland.
8.3. A model withdrawal form is contained in Annex 2 to the Consumer Rights Act and is additionally available in section 12 of the Terms and Conditions. The consumer may use the model form, but it is not obligatory.
8.4. The withdrawal period begins:
8.4.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership - from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period - from taking possession of the first of the Products;
8.4.2. for other contracts - from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged, immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return to the consumer all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (with the exception of additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method which does not involve any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, the Seller may withhold the refund of payments received from the consumer until the Product has been received back or the consumer has provided proof of its return, whichever event occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged, immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send back the Product before its expiry.
8.6.3. The consumer is liable for any diminished value of the Product - a movable item (including a movable item with digital elements) - resulting from using it in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products - digital content or digital services:
8.7.1. In the event of withdrawal from a contract for the supply of a Product - digital content or a digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or created by the consumer while using the Product - digital content or digital service - supplied by the Seller, with the exception of content which: (1) is useful only in connection with the digital content or digital service which was the subject of the contract; (2) relates solely to the consumer's activity while using the digital content or digital service supplied by the Seller; (3) has been combined by the trader with other data and cannot be separated from it, or can be separated only with disproportionate effort; (4) has been created by the consumer jointly with other consumers who can still use it. With the exception of the cases referred to in points (1)-(3) above, the Seller shall, at the consumer's request, make available to the consumer content other than personal data which was provided or created by the consumer while using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer's access to the digital content or digital service or by blocking the user account, which does not affect the consumer's rights referred to in the preceding sentence. The consumer has the right to retrieve the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from a contract for the supply of a Product - digital content or a digital service, the consumer is obliged to cease using the digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer's withdrawal from the contract which the consumer is obliged to bear:
8.8.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer who was informed before the performance began that after the performance by the Seller they would lose the right of withdrawal, and acknowledged this; (2) 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 withdrawal period; (3) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - which is non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy their individualised needs; (4) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - which is liable to deteriorate rapidly or has a short shelf life; (5) in which the subject of the performance is a Product - a movable item (including a movable item with digital elements) - delivered in sealed packaging which, after the packaging has been opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the performance are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, become inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of the performance are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to them to carry out an urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary to carry out the repair or maintenance, the consumer has the right of withdrawal in relation to the additional services or Products; (9) in which the subject of the performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by way of public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began the performance with the express and prior consent of the consumer who was informed before the performance began that after the performance by the Seller they would lose the right of withdrawal, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, where the consumer expressly requested the Seller to come to them to carry out a repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions of this section 8 of the Terms and Conditions concerning the consumer shall apply, from 1 January 2021 and for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (CEIDG).
9. Provisions concerning businesses
9.1. This section 9 of the Terms and Conditions and all provisions contained therein are addressed to, and thus binding exclusively upon, a Customer or Service Recipient who is not a consumer, and, from 1 January 2021 and for contracts concluded from that date, who is also not a natural person concluding a contract directly related to their business activity, where it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (CEIDG).
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Agreement.
9.4. The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without indicating reasons by sending an appropriate statement to the Service Recipient.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than to the amount of one thousand Polish zlotys (PLN 1,000). The amount limitation referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the absence of conclusion of a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the moment of conclusion of the agreement and is not liable for lost profits. The Seller is also not liable for delay in the carriage of a shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
9.7. The Seller's liability under the statutory warranty for the Product or for the lack of conformity of the Product with the Sales Agreement is excluded.
9.8. The Seller will respond to a complaint within 30 calendar days from the date of its receipt.
10. Product reviews
10.1. The Seller enables its Customers to post and access reviews of Products and of the Online Store under the rules set out in this section of the Terms and Conditions.
10.2. A Customer may post a review using a form enabling the addition of a review of a Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase at the e-mail address provided by them. When adding a review, the Service Recipient may also add a graphic rating or a photo of the Product - if such an option is available in the review form.
10.3. A review of a Product may only be posted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a Product review. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
10.4. Adding reviews by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practice.
10.5. Reviews may be made available directly on the Online Store website (e.g. next to a given Product) or in an external review-collecting service with which the Seller cooperates and to which it refers on the Online Store website (including via an external widget placed on the Online Store website).
10.6. The Seller ensures that published reviews of Products come from its Customers who have purchased the given Product. For this purpose, the Seller takes the following actions to check whether reviews come from its Customers:
10.6.1. Publication of a review posted using the form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists in checking the review's compliance with the Terms and Conditions, in particular checking whether the reviewer is a Customer of the Online Store - in this case the Seller checks whether the person has made a purchase in the Online Store, and in the case of a Product review, additionally checks whether the person purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including via an external review-collecting service with which it cooperates) an individual link to the e-mail address provided by them at the time of purchase - in this way, access to the review form is granted only to a Customer who has purchased the Product in the Online Store.
10.6.3. In the event of doubts on the part of the Seller or reservations addressed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or have purchased the reviewed Product.
10.7. Any comments, appeals against the verification of reviews, or reservations as to whether a given review comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure set out in section 6 of the Terms and Conditions.
10.8. The Seller does not post, nor does it commission any other person to post, false reviews or recommendations of Customers, and does not distort Customers' reviews or recommendations in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller does not make available sponsored reviews.
11. Final provisions
11.1. Agreements concluded through the Online Store are concluded in English.
11.2. Amendments to the Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions.
11.2.2. In the case of agreements of a continuous nature concluded on the basis of these Terms and Conditions (e.g. provision of the Electronic Service - Account), the amended Terms and Conditions are binding on the Service Recipient if the requirements set out in Articles 384 and 384[1] of the Civil Code have been met, that is, the Service Recipient has been properly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current ones, the Service Recipient has the right to withdraw from the agreement.
11.2.3. In the case of agreements of a nature other than continuous agreements (e.g. a Sales Agreement) concluded on the basis of these Terms and Conditions, amendments to the Terms and Conditions will not in any way infringe the rights acquired by Service Recipients/Customers before the date of entry into force of the amendments, in particular amendments to the Terms and Conditions will not affect Orders already being placed or placed, or Sales Agreements concluded, performed or completed.
11.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
12. Model withdrawal form (Annex 2 to the Consumer Rights Act)
Model withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract)
- Addressee:
Wally - Satto Media Sp. z o.o.
ul. Owsiana 62, 40-780 Katowice, Poland
wallyboards.eu
info@wallyboards.eu
- I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for work consisting in the manufacture of the following goods(*)/for the provision of the following service(*)
- Date of conclusion of the contract(*)/of receipt(*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent in paper form)
- Date
(*) Delete as appropriate.
