Shop rules

These Shop rules define the general conditions, rules and method of sale conducted by WOBEE DESIGN LAB Sp. z o.o. based in Katowice, via the online store www.wobee.pl (hereinafter: “Online Store”) and defines the terms and conditions of the provision by WOBEE DESIGN LAB Sp. z o.o. based in Katowice free services by electronic means. §1. Definitions:

1. Seller – WOBEE DESIGN LAB Sp. z o.o. with headquarters in Katowice (40-232), ul. Saint Etienne 4a, NIP: 6342864103, REGON: 364473162, entered into the Central Register and Information on Economic Activity kept by the Minister of Economy.
2. Customer / Buyer – means an entity with which a Sales Agreement may be concluded or for which services may be provided electronically in accordance with the provisions of law and the Shop rules.
3. Working days – means days of the week from Monday to Friday, excluding public holidays.
4. Shop rules – means these shop rules.
5. Store Website – means the websites where the Seller runs the Online Store, operating in the domain www.wobee.pl.
6. File – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement.
7. Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged.
8. Sales contract – means a sales contract concluded remotely between the Customer and the Seller, on the terms set out in the Shop rules.
9. Customer Account – means an individual Customer panel, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
10. Registration – means the actual act performed in the manner specified in the Shop rules, required for the Customer to use all the functionalities of the Online Store.
11. Login – means the Customer’s individual designation, consisting of a string of letters, numbers or other characters, required together with the Password to set up a Customer Account in the Online Store.
12. Password – means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.

§2. General provisions and use of the Online Store:

1. The following provisions of the Shop rules supersede all orally or in writing previously agreed terms of delivery, payment, warranty and liability of the Seller, unless a separate agreement has been concluded with the Buyer covering the service provided as part of the wobee.pl website.
2. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logos posted on the Store’s Website (except for logos and photos presented on the Website) Store for the purpose of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in the manner specified and in accordance with the Shop rules and with the consent of the Seller expressed in writing.
3. The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when the Customers use the Store’s Website. The use of “cookies” is aimed at the correct operation of the Store Website on the Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer may disable the “cookies” mechanism in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.
4. In order to place an order in the Online Store via the Store’s Website and in order to use the services available on the Store’s Websites, it is necessary for the Customer to have an active e-mail account.
5. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
6. It is forbidden for the Customer to use the Store’s Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of third parties.

§3. Registration

1. Registration is not obligatory to place an order in the Online Store.
2. In order to create a Customer Account, free Registration is necessary.
3. In order to register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send it electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Shop rules, accepting its content by marking the appropriate field in the form.
5. During Registration, the Customer may voluntarily consent to the processing of his personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller clearly indicates the purpose of collecting the Customer’s personal data, as well as about the known or expected recipients of this data.
6. The Customer’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller on a durable medium, e.g. via e-mail.
7. After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration, with the exception of the Login.

§4. Orders:

1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
2. The customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
3. A customer placing an order via the Store’s Website, completes it by selecting the File he is interested in. The products offered as part of wobee.pl, if necessary and at the customer’s express request, are subject to modification in accordance with his instructions, provided that the scope of the requested corrections does not exceed the subject described in the original order.
4. The Files are added to the order by selecting the “ADD TO CART” option under the given File presented on the Shop Website. After completing the entire order, the customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected File, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
5. By placing an order, the Customer submits an offer to the Seller to conclude an Agreement for the sale of Files being the subject of the order.
6. After placing the order, the Seller sends the confirmation of its submission to the e-mail address provided by the Customer.
7. Then, after confirming the order, the Seller sends to the Customer’s e-mail address information about the acceptance of the order for execution. This information is the Seller’s declaration of acceptance of the offer and the Sales Agreement is concluded upon its receipt by the Customer.
8. After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a durable medium to the Customer’s e-mail address.
9. If the Seller is unable to provide the service for reasons beyond his control, he shall immediately, not later than within 30 days from the conclusion of the contract, notify the Customer about it and return the entire sum of money received from him.

§5. Payments:

1. The prices of the Files indicated on the Store’s Website are gross prices and do not contain information on any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the payment and delivery method.
2. The Customer can choose the following forms of payment for the files ordered: a) bank transfer to the bank account 65 1140 2004 0000 3702 7730 4778 mBank.
3. The Store reserves the right to cancel the order if the Customer fails to make the payment within 7 days from the date of placing the Order.
4. If the Customer fails to make the payment within the time limit referred to in §5 para. 3, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a Durable Medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. After the expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.

§6. Delivery:

1. The Seller is obliged to provide the File which is the subject of the Sales Agreement without defects.
2. The order is processed within 3 Business Days from the date of payment of the price for the entire order by the Customer.
3. In case the File cannot be shared, the Seller undertakes to immediately notify the Customer of this fact. If the Customer has already paid for the File, the full value of his order will be refunded no later than 10 business days from the Customer indicating the bank account number.
4. The ordered Files are made available to the customer at the e-mail address indicated in the order form
5. On the day the File is shared to the Customer, the proof of purchase (receipt or VAT invoice) is sent to the Customer’s e-mail address.

§7. Warranty:

1. The Customer undertakes to report to the Seller complaints about incorrect deliveries and noticeable defects of the File within three business days from the moment the File is made available.
2. The Customer is obliged, whenever possible, to check the File immediately after receiving it. In the event of defects, he should indicate them immediately. If the Customer did not indicate any defects, the File is considered accepted, unless the defect was not visible during the checking. If the defect appears at a later date, it should be reported immediately after detection, no later than within 3 days of its detection, otherwise the file is considered accepted. These arrangements do not apply to situations where the defect has been deliberately ignored.
3. Damages resulting from incorrect or inconsistent with the contract actions of the Purchaser during the use of the File are not the basis for submitting claims against the Seller.

§8. Complaints:

1. Any complaints related to the Files or the implementation of the Sales Agreement may be sent by the Customer in writing to the Seller’s address.
2. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the File or the complaint related to the implementation of the Sales Agreement submitted by the Customer.
3. The customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address p.borowiec@wobee.pl. In the complaint, the customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply.

§9. Withdrawal from the contract:

1. From the moment it is made available, the File can be downloaded by the Customer. The provision of the File disables the possibility of withdrawing from the agreement regarding this File.
2. Until the File is made available, the Customer may withdraw from the Sales Agreement without giving any reason.
3. In the event of withdrawal from the Sales Agreement, it is considered void.
4. In the event of withdrawal from the Sales Agreement, the Seller shall promptly return to the Customer, not later than within 14 days from the date of receipt of the Customer’s declaration of withdrawal from the Sales Agreement, all payments made by him.
5. The reimbursement will be made by the Seller using the same payment methods that were used by the Customer in the original transaction, unless the Customer has expressly agreed to a different solution that will not involve any costs for him.

§10. Free services:

1. The Seller provides the Customers with free electronic services: a) Contact form; b) Running a Customer Account.
2. Services specified in §11 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to the amendment of the Shop rules.
4. The Contact Form service consists in sending a message to the Seller using the form available on the Store’s Website.
5. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Customer Account Service service is available after Registration on the terms described in the Shop rules and consists in providing the Customer with a dedicated panel as part of the Store’s Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders, as well as the history of orders already completed. .
7. The Customer who has registered may submit a request to delete the Seller’s Customer Account, but in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request.
8. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach by the Customer of the law or the provisions of the Shop rules, and also when blocking access to the Customer Account and free services is justified for security reasons – in particular: breaking the security of the Online Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.

§11. Personal data protection:

1. The administrator of personal data of Customers provided to the Seller voluntarily as part of the Registration, placing a one-time order and as part of the Seller’s provision of electronic services or under other circumstances specified in the Shop rules, is the Seller.
2. The Seller processes the Customers’ personal data in order to fulfill orders, provide electronic services by the Seller and for other purposes specified in the Shop rules. The data is processed only on the basis of legal provisions or consent expressed by the Customer.
3. The Customer provides his personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and implementation of the Customer’s order in the case of placing an order without registering a Customer Account.
4. The Customer undertakes to provide complete and truthful data (name, surname, telephone number, etc.) in the order form. In the event of providing false data, the Buyer is responsible for the resulting damage.
5. Anyone who provides the Seller with their personal data has the right to access their content and to correct them.
6. The Seller provides the option of removing personal data from the collection kept, in particular in the event of deletion of the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer’s liability.
7. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.

§12. Copyright:

1. Products sold on the website www.wobee.pl (hereinafter works) are protected by copyright all over the world. The buyer or third parties are not authorized to produce, distribute or reproduce the products offered by the Seller.
2. Each and any income from the work is possible with the prior written consent of the Seller, which is granted only for a specific period and for a specific purpose. With the possession of the work or the transfer of ownership, there are no additional rights to use or derive income under the Copyright Act, unless otherwise agreed.
3. In the event that the Buyer submits his own files for implementation, he declares that he owns the copyright to the files in question. The Seller reserves the right to request from the Buyer a written confirmation of having the copyright for implementation. If it is not presented or is considered unreliable – it is possible to refuse the order.
4. In matters not covered in this paragraph, the provisions of the Act of February 4, 1994 “On copyright and related rights” (Journal of Laws of 2006, No. 90 item 631, as amended) shall apply.

§13. Termination of the contract (not applicable to Contracts of Sale):

1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned. the agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer’s declaration of intent.
3. he Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.

§14. Final Provisions:

1. The content of these Shop rules may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
2. In case of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Shop rules is Polish law.
3. Each customer may use extrajudicial means of dealing with complaints and redress. In this regard, it is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centers are submitted and made available by the Presidents of the relevant District Courts.
4. The Seller reserves the right to amend these Shop rules. All orders accepted by the Seller for execution before the date of entry into force of the new Shop rules are implemented on the basis of the Shop rules in force on the date of placing the order by the Customer. The amendment to the Shop rules comes into force within 7 days of publication on the Store’s Website. Users who have a User Account will be additionally notified by the Store by sending to the e-mail address indicated by them in the registration form, information containing a list of changes to the Shop rules. Information on the amendment to the Shop rules will take place no later than 7 calendar days before the introduction of the amended Shop rules.
5. The Shop rules enter into force on January 14, 2022.