ONLINE STORE REGULATIONS

GENERAL PROVISIONS

(1) The Rules and Regulations define the principles of use of the Store operated by the Seller by the Purchasers.

(2) The Regulations are made available continuously on the website of the Store in a manner that allows the Purchasers to obtain, reproduce and record its content.

DEFINITIONS

The terms used in the Regulations mean:

1. Seller - Wind-Snow-Moto s.c. Bogusław Liber Ewa Liber with its registered office in 31-358 Kraków, 151 Jasnogórska Street, holding tax identification number NIP: 944-18-66-638, who conducting business activity sells goods or provides services in the Store.

2. Store - a collection of websites and IT tools (website) managed by the Seller and allowing Purchasers to conclude Contracts for sale or Contracts for the provision of services, available in the Internet domain: wsm24.pl.

3. Purchaser - a registered User who has concluded a Contract of Sale or a Contract for the provision of services through the Store.

4. contract of sale - a contract concluded in the Store under the terms of the Regulations between the Seller and the Purchaser, the object of which is the sale of items to the Purchaser.

5. contract for the provision of services - an agreement concluded in the Store under the terms of the Regulations between the Seller and the Purchaser, the subject of which is the provision of a service or services by the Seller to the Purchaser.

6. Contract - includes a Sales Contract and a Contract for the provision of services.

7. Terms and Conditions - these Regulations of the Store.

8. Allegro - online transaction service of an open nature, within which Internet auctions are organized and other services related to Internet auctions are provided, operated in the Internet domain allegro.pl by Allegro Group.

9. Materials - information contained on the Store's websites, including names and descriptions as well as photographs and graphic illustrations of goods, marks of producers of goods.

10. Allegro - Allegro.pl sp. z o.o. with its registered seat in Poznań at 182 Grunwaldzka Street, 60-166 Poznań, entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number: 0000635012, share capital: PLN 34,000,000, having tax identification number NIP 525-26-74-798, REGON 365331553.

11. user - an Internet user, using the Store, purchasing or intending to purchase goods or services presented by the Seller through the Store.

GENERAL TERMS AND CONDITIONS OF USING THE STORE

(1) The buyer who is a natural person may use the Store provided that he has full legal capacity.

(2) The buyer who is not a natural person may use the Store through persons authorized to act on his behalf, subject to the provisions of the section REGISTRATION IN THE STORE, in paragraph 4.

(3) The buyer may use the Store through devices communicating with the Internet (computer, telephone), using a web browser.

(4) The Seller shall not be liable for any damage caused by the provision by the Purchaser of false, outdated or incomplete data in the forms referred to in the section REGISTRATION IN THE SHOP, in section 2 and 3, and by the failure of the Purchaser to comply with the Terms and Conditions. The data provided by the Purchaser may not violate the provisions of the current law and the personal rights and rights of third parties.

(5) The Seller shall not be liable for incorrect, including inconsistent with the Terms and Conditions, use of the Store by the Purchaser and the consequences arising therefrom.

6th Use by the Purchaser of the Seller's name, Store logo, Materials and components of the Store other than Materials (including graphic elements of the Store and the layout and composition of the Store - the so-called layout) is prohibited except as expressly indicated in the Rules, or when the use of the objects of copyright and industrial property indicated in this section is possible on the basis of the express written consent of the Seller or authorized third parties (including manufacturers or distributors of goods or services. It is forbidden for the Purchaser to undertake any actions aimed at reproduction of the Store, including, in particular, on websites and domains associated with the Purchaser.

(7) The User is obliged not to disclose to third parties his/her login and access password, used for logging into the Store.

REGISTRATION IN THE STORE

(1) The contract may be concluded only by Purchasers registered in the Store.

(2) Registration in the Store is possible only after acceptance of the Rules.

(3) In the case of a legal person and an organizational unit without legal personality, registration in the Store, as well as all further actions of this entity in the Store, may be performed only by a person who is authorized to perform on behalf of this entity all actions related to registration and to exercise all rights and obligations of this entity as a Buyer.

(4) The Seller may require the Purchaser to authenticate his data, including in the case of updating the Purchaser's data, by sending to the Seller the required documents.

(5) In the event of any change in the data of the Purchaser provided during registration, the Purchaser should update them before the next sale, using the appropriate form available in the Store.

(6) Upon registration, a Purchaser's account is created in the Store, which is a collection of resources, where information about the Purchaser and his activities within the Store in connection with the concluded Contracts is collected. Within its account, the Purchaser has, among other things, access to the history of its orders in the Store.

PLACING ORDERS IN THE STORE - CONCLUSION OF A CONTRACT

(1) The Purchaser may place orders in the Store 24 hours/7 days a week/365 days a year subject to the other provisions of the Terms and Conditions, in particular the provisions on technical interruptions.

(2) Before placing an order, the Purchaser places in a virtual shopping cart the goods or services he/she wishes to purchase. The virtual shopping cart is a tool that allows the Purchaser to aggregate the selected goods/services prior to their purchase, recalculate the value of the goods/services accumulated in the shopping cart and calculate the cost of delivery. During the selection of goods/services, the Purchaser can freely manage the contents of the basket by adding more goods/services to the basket or removing them from the basket.

(3) After the final selection of goods/services to be purchased, the Purchaser is directed to the online form used for placing orders in the Store. The order form may be composed of component forms used to specify:

a. the delivery address,

b. the method of delivery,

c. the method of payment for the goods/service.

(4) The Purchaser shall specify the delivery address by filling in, at the Purchaser's choice, the form referred to in the section REGISTRATION IN THE STORE, point 2, sub-point a) or the form referred to in the same section, point 3, sub-point a) of the Regulations. The ordered goods/service shall be delivered to the address indicated in accordance with the provisions of this paragraph.

5th Ordering party making a purchase in wsm24.pl Store, agrees to the processing of his/her personal data by the administrator of the wsm24.pl online store, i.e. Wind-Snow-Moto s.c. Bogusław Liber Ewa Liber, based in 31-358 Krakow, 151 Jasnogórska Street.

(6) Placing an order constitutes an offer within the meaning of the Civil Code, made by the Purchaser to the Seller. Upon receipt of the order, the Seller verifies whether the order has been placed correctly (in accordance with the provisions of the Regulations). If the Seller finds that the order has been placed incorrectly, the Seller will inform the Purchaser.

(7) Once a correct order has been placed, the Seller shall immediately send the Purchaser information about the acceptance of the order to the electronic mail (e-mail) address provided when placing the order or during registration. The contract is concluded when the Seller sends the Purchaser information about the change of the order status to "To be sent" or "Sent".

(8) In the case of a Contract for the provision of services, the Seller shall notify the Purchaser of the minimum period for which the Contract is to be concluded if it concerns continuous or periodic provision.

PAYMENT OF THE PRICE

(1) Payments for goods purchased in the Store by the Purchaser or ordered services (price and delivery costs) shall be made by means of payment tools made available in the Store and on the terms specified by the Seller.

(2) All prices in the Store are Gross prices, including value added tax (VAT) in the amount resulting from separate regulations. The cost of delivery of goods/services to the User is given separately.

(3) The User shall purchase the goods and order the service according to the prices and the amount of delivery costs in effect at the time of placing the order. The amount of delivery costs depends on the method of delivery chosen by the Purchaser.

(4) The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of changes in the price lists of services provided by delivery operators. This provision does not apply to orders already in progress.

(5) The operator of the payment cards is PayPro SA Settlement Agent, 15 Kanclerska Street, 60-327 Poznan, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznan Nowe Miasto and Wilda in Poznan, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.

DELIVERY

(1) Delivery shall be made to the address indicated by the Purchaser.

(2) If the Seller cannot perform due to the fact that the goods or service are not available, he shall notify the Purchaser immediately, but no later than thirty days from the conclusion of the Contract, and return the entire amount of money received from him, if any amount has already been paid.

(3) If the Seller cannot perform a service with the characteristics individually ordered by the Purchaser due to a temporary inability to perform it, the Seller may, with the consent of the Purchaser, perform a substitute service, corresponding to the same quality and purpose and for the same price or remuneration or in another manner agreed by the parties.

(4) The Purchaser shall inspect the condition of the goods after delivery and in the presence of a representative of the delivery agent (courier, postal operator, etc.).

(5) Seller shall not be liable for non-delivery of goods for reasons attributable to the Purchaser - for example, due to the indication of an incorrect delivery address. In such a situation, the Seller shall enable the Purchaser, as far as possible, to collect the goods from the indicated place, e.g. the Seller's registered office, unless the parties agree on a different way to transfer the goods to the Purchaser.

LOYALTY PROGRAM

(1) The purchase of any product may be rewarded with loyalty points, which after their activation may be transformed into discount coupons that can be used for subsequent purchases before the expiration date of the points.

(2) The number of points awarded for the purchase of a particular product, and their value after conversion into a discount coupon are visible in the product card.

(3) Points awarded for individual products are totaled in the shopping cart.

4.Points are credited to the user's account after accepting the order.

5.Points are activated when the order status is changed to "Delivered".

6. in the event of withdrawal from the contract, loyalty points assigned to returned products will be cancelled and deducted from the points accumulated on the User's account, and if they have already been used and there are not enough points on the User's account, their equivalent will be deducted from the amount of the return, the generated discount coupon and the value of the purchase for which it was used will be adjusted accordingly.

(7) The number, status and expiration date of points are visible on the user's account.

PROTECTION OF PERSONAL DATA

(1) Personal data of Purchasers who are natural persons will be processed by the Seller as the administrator of personal data for the purpose of providing services by the Seller, as well as for marketing purposes related to the operation of the Seller's enterprise, including the Store, and concerning services and goods presented in the Store. Processing of the collected data will be carried out in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data and the Act of July 18, 2002 on the provision of electronic services. Provision of personal data by the Purchaser is voluntary.

(2) Purchasers' personal data may be made available to entities entitled to receive them under applicable law, including the competent judicial authorities.

(3) The Seller shall ensure that Buyers whose personal data it processes exercise their rights under the Personal Data Protection Act, including the right of access to the content of their own personal data and their correction, as well as the right to control the processing of their own personal data on the principles described in the said Act.

(4) As part of the exercise of the right to control the processing of own personal data, the Purchaser has, in particular, the right to file a written, reasoned request to cease processing of his data due to his particular situation, as well as to object to the processing of his data when the Seller intends to process them for marketing purposes or to the transfer of the Purchaser's personal data by the Seller to a data controller other than the Seller.

(5) Confidential information concerning Purchasers, including personal data of Purchasers are protected by the Seller against their disclosure to unauthorized persons, as well as other cases of their disclosure or loss, and against destruction or unauthorized modification of the indicated data and information through the use of appropriate technical and organizational safeguards.

COMPLAINT PROCEDURE

(1) The Purchaser may submit complaints to the Seller regarding the Contract.

(2) Complaints should be submitted electronically using the contact form available in the Store or in writing to the Seller's address. A properly submitted complaint should include at least:

a. name, surname, address, e-mail address of the Purchaser,

b. date of conclusion of the Agreement forming the basis of the complaint,

c. the subject of the complaint, with indication of the Purchaser's request,

d. all circumstances justifying the complaint,

e. receipt or invoice confirming the purchase.

(3) The Seller may refuse to consider a complaint if the data indicated by the Purchaser will not be sufficient to consider the complaint, including determination of the Agreement to which the complaint relates or data enabling contact with the Purchaser.

(4) The complaint should be considered within 14 working days from the date of receipt by the Seller of a properly submitted complaint.

(5) The Purchaser will be informed of the resolution of the complaint by e-mail or post.

WITHDRAWAL FROM THE CONTRACT AND ITS TERMINATION

(1) Pursuant to the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product, the Purchaser who is a consumer may withdraw in writing from the Agreement without giving reasons within 14 days from the date of receipt of goods, and when the Agreement concerned services - within 14 days from the date of conclusion of the Agreement for the provision of services.

(2) In the event of withdrawal from the Contract, the Contract shall be considered not concluded. What the parties have provided shall be returned unchanged, and in particular this applies to the awarded loyalty points, discount coupons and the equivalent of future benefits assigned to the returned products, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days. The cost of returning the goods to the Seller shall be borne by the Purchaser.

(3) In the case of prepayment made by the Purchaser, the Seller shall be obliged to return the price together with statutory interest calculated from the date of prepayment.

(4) Withdrawal from the Agreement by the Purchaser who is not a consumer is not possible:

a. when the provision of services began - with the consent of the Purchaser - before the expiration of the 14-day period referred to in Section 1,

b. after the Purchaser has removed the original packaging of the goods containing audio and visual recordings and recorded on computer data carriers,

c. in the case of the purchase of services whose price or remuneration is solely dependent on the movement of prices in the financial market,

d. in the case of purchase of goods or services with the characteristics specified by the Purchaser in the order placed by him or strictly related to his person, or goods brought to the special order of the Purchaser

e. in the case of the purchase of goods or services which, due to their nature, cannot be returned or whose subject matter is subject to rapid deterioration,

f. in the case of press delivery,

g. in case of purchase of gambling services.

(5) If the duration of the Service Agreement is not fixed, either party may terminate it without stating reasons, with one month's notice, unless the parties have agreed on a shorter notice period.

TECHNICAL INTERRUPTIONS

(1) The Seller shall not be liable for lack of access to the Store caused by factors beyond the Seller's control and the resulting consequences.

(2) The Seller reserves the right to interrupt access to the Store due to its technical service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that the aforementioned interruptions take place at night and last as short as possible.

FINAL PROVISIONS

(1) The Seller reserves the right to change the provisions of the Terms and Conditions. The change shall become effective upon publication of the amended Terms and Conditions on the Store's website. Amendment of the Terms and Conditions shall not apply to Contracts concluded before the effective date of the new Regulations.

(2) In the case of conclusion of an Agreement after the amended Regulations come into force, the Purchaser will be asked to accept the new Regulations.

(3) All matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular the provisions of the Polish Civil Code, the Personal Data Protection Act, the Act on Electronic Services, and the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product. In matters relating to Allegro (including the use of Allegro user's login and password), the relevant provisions of the Allegro Regulations shall apply.

(4) Any disputes between the parties shall be resolved by a competent common court.

5. these Regulations shall enter into force on 2011-09-13

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