The online store at www.woodenseagull.com is run by Filip Jasiński as part of the business activity under the name WOODEN SEAGULL Filip Jasiński, based in Mogilno (88-300), Poland, pl. Wolności 8 apt. 02, NIP 5571704487, known as the “Seller” or “Store”.

You can contact the Service Provider by:

at the telephone number: +48 795096239 (the Store’s working hours are given on the Store’s website, the fee is the same as for an ordinary telephone call, in accordance with the tariff package of the service provider used by the Customer),
using the e-mail address – contact@woodenseagull.com.

§ 1 GENERAL PROVISIONS

The meanings for the words are as follows:
1. Regulations – these regulations,
2. Customer – a natural person, legal person or organizational unit without legal personality but having legal capacity, which, on the terms set out in these regulations, places an Order in the Online Store,
3. Consumer – a customer who is a natural person who uses the Online Store for purposes not directly related to its business or professional activity,
4. Subject of the transaction – Goods listed and described on the website of the Online Store,
5. Goods, Product – a movable item, presented in the Online Store, to which the Sales Agreement applies,
6. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using the Store’s website,
7. Online Store (Store) – a website available at www.woodenseagull.com, through which the Customer may place an Order,
8. Order – Customer’s declaration of will clearly specifying the type and quantity of Goods, aimed directly at the conclusion of the Sales Agreement.
The subject of the Store’s activity is the sale of products currently in the assortment and enabling the Customer to place Orders for the products offered via the website. The use of this service is possible after the Customer’s registration and logging in to the Store or through a properly completed Order form without the need to log in. The Store allows you to browse the Store’s assortment free of charge on product pages.
The sale takes place via the Internet between the person placing the Order as the buyer and the Store as the Seller.
Each customer purchasing products offered by the Store is obliged to read the content of these Regulations.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

Technical requirements necessary to use the Store’s services:
1. Internet connection,
2. properly configured browser,
3. up-to-date, active and correctly configured e-mail account,
4. Cookies and Javascript enabled
5. program for reading PDF files.
If the Customer uses hardware or software that does not meet the technical requirements set out above, the Store does not guarantee the proper functioning of the website and stipulates that this may have a negative impact on the quality and course of the Order submission procedure.
It is forbidden for the Customer to provide illegal content.

§ 3 REGISTRATION

Registration in the Store is based on a correctly completed registration form, in which the Customer provides the necessary identification data (name, surname), e-mail address and password; accepted, up-to-date Store Regulations and a submitted declaration of consent to the processing of personal data to the extent necessary for the proper implementation of the Customer’s Orders. Account registration can also be made by checking the appropriate box in the ordering process. A message confirming the creation of the Account will be sent to the Customer’s e-mail address provided in the registration form. Upon receipt of the message confirming the registration, an agreement on maintaining the Account is concluded between the Customer and the Store.
After registering in the Store, logging in takes place using the data provided in the registration form or changed based on the Customer’s later request.
In order to remove the Customer’s account from the Store (termination of the contract), an e-mail requesting the removal of the account should be sent to the following e-mail address: contact@woodenseagull.com with the identification data of the Customer currently registered in the Store. The above does not apply to situations in which the Store is carrying out an Order placed by the Customer. In this case, the effect of terminating the contract will occur upon the completion of the Order in question.
Registration in the Store is free and optional.
The Store allows placing Orders without having to register and log in to the Store. For this purpose, the Customer is required to complete the electronic form each time in the ordering process by entering the data required by the Store necessary for its identification and the conclusion and performance of the sales contract (name and surname, e-mail address, telephone number – optional, address). delivery). The customer is obliged to accept the current Regulations along with a declaration of consent to the processing of personal data for the purposes of the Order. Failure to register in the Store means that you do not have a Customer Account that allows you to access the automatic tracking of the Order.

§ 4 ORDERS

Information about the available assortment in the Store is an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
By placing an Order, the Customer submits an invitation to conclude a sales contract for the ordered products in the Store. The product ordering process begins by confirming the features of the service through the Product Page. The customer is informed about the expected time of order fulfillment, product availability, price and methods of payment, as well as possible delivery options. In order to deliver the product, the Customer is obliged to provide his address details or verify them in the case of prior registration of the Account. Before placing an order (by using the “buy and pay” button), the Customer confirms that he has read these Regulations and that he has consented to the processing of personal data for the purposes of the Order.
The confirmation of acceptance of the Order sent by the Store to the e-mail address provided by the Customer constitutes a declaration of acceptance of the invitation referred to above. If, before confirming the submission of the Order (the “buy and pay” button), the Customer ends the use of a given service and leaves the Store, the contract will not be concluded.
In order to place an Order, the Customer is obliged to choose from among the products available in the Store: the ordered products, delivery method, payment method and indicate the delivery address. The choice is made by: selecting a product and adding it to the Cart.
The Customer may choose an unlimited number of products for the Order from the quantity of a given product available for Orders, and after going to the Cart, he will receive a summary of the selected products.
In the event of unavailability of products covered by the Order in the warehouse, at the Store’s suppliers or for other reasons and the inability to fulfill the Customer’s Order, the Store will notify the Customer of this fact no later than 14 (fourteen) days from the date of placing the Order. In this case, the Customer has the right to decide whether he agrees to the implementation of the Order within the period proposed by the Store or withdraws from the contract. If it is not possible to execute part of the Order referred to above, the Customer is informed about the status of the order and decides on the method of its implementation. The customer can choose between:
1. partial implementation – the choice by the Customer of this option results in the implementation of the Order for only available products;

§ 5 PRICE OF THE PRODUCTS AND FORMS OF PAYMENT

The price given for each Product is binding at the time of placing the Order by the Customer. The prices of goods posted on the Store’s website include VAT and do not include delivery costs. Prices on the Website are expressed in Polish zlotys, English pounds, US dollars and euro. In the case of purchasing several Products, the global price for such an order will be shown in the currency of the last Product added to the Cart.
The goods are delivered in the following variants offered in the Store:
1. via a courier company,
3. in the case of shipment of goods outside the Republic of Poland, also via the Polish Post.

Information on delivery costs is available in the ordering process before placing such an Order.

Delivery costs will be included in the prices of products depending on the ordered goods and the Customer’s choice of delivery method when placing the Order.
The Seller provides the Customer with the following methods of payment for the Products:
1. Electronic payments (including transfers) and card payments via the PayU website – payments are handled by PayU S.A. with headquarters in Poznań, 60-166, Poznań, at ul. Grunwaldzka 182, entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number 0000274399, with the NIP number: 779-23-08-495,
If the order is placed and the payment option is selected other than on delivery, and the payment for this Order is not credited within fourteen (14) days, the Order will be canceled. After three (3) business days from placing the Order, if the payment is not credited, the Customer will receive a reminder to the e-mail address provided.
The Order will be released at the time specified in the Order confirmation and previously approved by the Customer, but no later than within 30 (thirty) days from the date of the contract.
In the case of some products or reaching a certain value of the Order, the cost of delivery is borne by the Store, about which the Customer is informed each time before placing the Order.

§ 6 COMPLAINTS

The store is obliged to release the goods without defects and have been legally placed on the Polish market.
If it is found that the delivered goods are defective, the Customer may, at his discretion, use the warranty rights, provided that a warranty has been granted, and the rights he is entitled to from the seller under the warranty. Warranty rights and rights under the warranty are rights independent of each other.
The warranty is excluded in relation to the Customer who is not a Consumer.
In order to submit a complaint, the Consumer should inform the Store about the observed defects, document it in order to verify the reservations and possible removal of defects without the need to return the goods to the Store. If it is necessary to return the goods to the store, the Store will inform the Consumer about it within 14 days from the date of filing the complaint. The returned goods must be accompanied by a document confirming the purchase of the product in the Store with a description of the requests. Complaints may be submitted in electronic form to contact@woodenseagull.com or in writing to the address of the Store.
If the item sold has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Store, or the Store has not replaced the item with a defect-free one or has not removed the defect.
If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with a defect-free one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the manner of proposed by the seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect. The customer cannot withdraw from the contract if the defect is irrelevant.
The store will immediately, but not later than within 14 days from the date of receipt of the shipment with the complained goods, take a position on the complaint and inform the customer about further proceedings. The Store will immediately notify the complainant about the result of the complaint in writing or via e-mail to the e-mail address provided in the complaint. If the Store does not respond to the complaint within 14 days in the case of Customers who are Consumers from the date of its receipt, it is considered that the complaint has been considered justified.
The advertised products under the warranty are transported at the expense of the Store via the form of return indicated by the Store. The store does not accept cash on delivery parcels. In some cases, it is not necessary to send the advertised Product, and the Seller may only inspect the photos provided by the Consumer, about which he will inform him after receiving the complaint.
In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to accept the complaint, the Customer who is a Consumer has the right to use out-of-court complaint and redress methods. The client may take advantage of mediation or amicable courts by delivering to the institution before which the proceedings will take place an appropriate form – an application for mediation or an application for consideration of a case before an arbitration court. The list of sample institutions with contact details is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr, the consumer has access to the resolution of consumer disputes by electronic means using the EU internet platform (ODR platform).

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

The Customer who is a Consumer may withdraw from the contract without giving any reason within 14 days from the date of receipt of the parcel. The consumer should submit a declaration of withdrawal from the contract and return the goods to the Store. In order to submit a declaration of withdrawal, the Consumer may use the withdrawal form provided in the annex to the Regulations. The deadline is considered met if the Consumer sends a declaration of withdrawal in writing to the Store’s address or by e-mail to the following e-mail address: contact@woodenseagull.com, no later than on the last day of the 14-day period. The store, after receiving the declaration of withdrawal in electronic form on the above-mentioned The e-mail will immediately confirm the receipt by sending the information to the Consumer’s e-mail address. The declaration of withdrawal from the contract submitted after the above-mentioned the deadline has no legal effect.
The goods should be returned in an unchanged and complete state, with no signs of use, unless the change was necessary within the limits of ordinary management, i.e. the consumer should handle the goods bearing in mind the need for its possible, later return. The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. If the returned goods are incomplete or have traces of use that go beyond the ordinary management of the item, the Store reserves the right to refuse to accept the shipment or reduce the amount returned by the equivalent of the damaged goods, at the Store’s discretion.
The Consumer’s right to withdraw from the contract is not entitled if the subject of the Order, inter alia, there is a thing:
- non-prefabricated, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- which after delivery, due to their nature, are inextricably linked with other items.
The returned goods should be sent back within 14 days of withdrawal from the contract, together with a declaration of withdrawal, to the address of the Store. The consumer bears only the direct costs of returning the product to the Store (return costs).
In the event of withdrawal from the contract by the Consumer, all payments made by him, including delivery costs, will be transferred to the Consumer immediately, but not later than within 14 days from the date of receipt by the Store of the Consumer’s statement on withdrawal from the contract.
The reimbursement of payments made by payment card or electronic transfer is made to the bank account from which the payment was made, unless the Customer expressly submits, prior to the return, another refund instruction that does not generate additional costs for him (e.g. in the declaration of withdrawal).
The Store may withhold the reimbursement of payments received from the Buyer until the goods are received back from the Buyer or the Buyer provides proof of its return, depending on which event occurs first.

§ 8 PERSONAL DATA PROTECTION

The provisions regarding the protection of personal data in the Store can be found in the Privacy and Cookie Policy posted on the Store Website.

§ 9 FINAL PROVISIONS

For each product sold by the Store, a VAT invoice or other billing document (receipt) compliant with applicable tax regulations is issued. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in the traditional form along with the delivery of the goods. Acceptance of the Regulations constitutes consent to the sending of invoices in electronic form. If the Customer, when placing the Order, and at the latest until the Product is shipped, does not provide the NIP number, it is considered to be buying as a Consumer.
The applicable law is Polish law. Disputes arising between the Customer and the Store will be settled by the court competent for the seat of the Store, with the proviso that in relation to Consumers, these disputes will be heard before the court competent according to the provisions of civil proceedings.
The Store reserves the right to amend the Regulations. Any changes to the Regulations come into force on the date indicated by the Store on the date of announcement. Orders placed before the effective date of amendments to these Regulations are implemented on the basis of the provisions in force on the date of placing the Order.

Template of the declaration of withdrawal from the contract Download