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WITTCHEN.COM ONLINE STORE TERMS AND CONDITIONS

These Terms and Conditions („Terms and Conditions”) set out the general conditions and rules for the operation of the online store available at www.wittchen.com. Via the Online Store, WITTCHEN makes it possible for the Customers and other users of the Online Store, in particular Consumers, to use the services provided by WITTCHEN electronically and to become acquainted with the Products available at www.wittchen.com, and then to conclude a sales contract. WITTCHEN safeguards the rights of Online Store users, in particular Consumers, including those arising from the provisions of the Consumer Rights Act. Nothing in the Terms and Conditions is intended to limit or exclude any rights of the Online Store under the Consumer Rights Law and other applicable mandatory legal provisions – in the event of such restrictions or exclusions, WITTCHEN will apply the relevant provisions of the applicable law.

I PRELIMINARY PROVISIONS

WITTCHEN operates an Online Store at www.wittchen.com (including further sub-pages and tabs).
In order to make proper use of the functions available within the Online Store, the necessary Technical Requirements referred to in the following section of the Terms and Conditions must be met.
Acceptance of these Terms and Conditions is voluntary, however, it is necessary to use the Online Store, including creating an account in the Online Store or placing an Order.

II DEFINITIONS

The following capitalized terms (irrespective of their appearance in the singular or plural or their conjugation) used in the Terms and Conditions shall have the following meanings, unless expressly stated otherwise in the Terms and Conditions or in the context of their use:

Complaints address – WITTCHEN Logistics Centre, Palmiry, ul. Gdańska 60, 05-152 Czosnów;
BOK – WITTCHEN Customer Service Office (PL- Biuro Obsługi Klienta), providing Customers with information and explanations concerning the activities of the Online Store, including, among others, marketing campaigns, current promotions, available Products, submitted Order, these Regulations, at the following phone number and e-mail address: tel.:22 266 88 00, esklep@wittchen.com
Price - expressed in Polish zloty (or, for illustrative purposes, expressed in another currency, including, e.g. EUR or USD), as gross compensation (i.e. final compensation including applicable tax) due to WITTCHEN in connection with the transfer of ownership of the purchased Product to the Customer in accordance with the Agreement. Price does not include the Delivery costs, unless the terms of the promotion organized by WITTCHEN regulate the above provisions separately (to the benefit of the Customer);
Delivery Pricelist– a summary of the available Delivery methods and their costs located at: https://www.wittchen.com/koszty-dostawy;
Contact Details– WITTCHEN S.A., Palmiry, ul. Gdańska 60, 05-152 Czosnów, e-mail: esklep@wittchen.com, phone: 22 266 88 00;
Delivery – the type of transport service together with the specification of the carrier and the cost of the service listed in the Delivery Pricelist;
Proof of Purchase – e.g. invoice, bill, receipt issued in accordance with the Act of 11 March 2004 on goods and services tax (consolidated text: Journal of Laws of 2022, item 931, as amended) and other applicable laws, confirmation of card payment, account statement.
Product Page – a single sub-page of the Online Store containing information about a single Product.
Customer – an Entrepreneur or a Consumer;
Civil Code – the Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2022, item 1360, as amended).;
Code of Civil Procedure – the Civil Procedure Code Act of 17 November 1964 (consolidated text: Journal of Laws of 2021, item 1805 as amended).;
Consumer – a natural person performing a legal act, in particular concluding a contract, not directly related to their business or professional activity, in particular when it is evident from the content of such act (including the contract) that it is not of a professional nature for this person, arising in particular from the subject of business activity performed by such person, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Account – a set of resources (data) in the WITTCHEN system marked with an individual name (login) and password provided by the Customer, allowing the Customer to use additional functionalities and services of the Online Store. A Customer can log in to their Account after registering in the Online Store. A Customer gains access to the Account using the Login and Password. The Account makes it possible to save and store information on the Customer's address details for the dispatch of Products, to track the status of Orders, to access the Order history, and other services made available to the extent that they are made available to Customers by WITTCHEN;
Cart – a list of Products created from the Products offered in the Online Store based on the Customer's choices;
Payment –the method of making a payment under the Contract;
Gift Card - an electronic voucher issued to the bearer in the form of a physical plastic card with data (in the case of returns it takes the form of an E-gift card called Electronic Gift Card) enabling its identification, entitling its User to make one-time or multiple purchases at a Stationary Store within the agreed and available amount limit (Balance), during its validity period, which is 12 months from the date of activation. The detailed terms for using the gift card and the E-gift referred to in pt. 17 below are set out in the Terms and Conditions for Gift Cards available at: https://www.wittchen.com/karta-podarunkowa/informacje
E-gift - A digital/virtual gift card called an Electronic Gift Card, representing a voucher. In the event of a return of goods purchased in a stationary store, a printed/hardcopy form called an Electronic Gift Card is issued.
Copyright - the 4 February 1994 Act on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509 as amended).
Consumer Law – the 30 May 2014 consumer rights act (consolidated text: Journal of Laws of 2020, item 287, as amended).;
Product – the minimum and indivisible amount of available Goods, which may be the subject of an Order (Object of the Contract), and which is stated in the Online Store as a unit of measurement when determining the Price of Goods (price/unit). All Products presented in the Online Store are brand new;
Object of the Contract – the Products and Delivery that are the object of the Contract;
Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, making a purchase from WITTCHEN directly related to their business or professional activity. If the Customer is a natural person with limited legal capacity, such a person is obliged, in particular, to obtain the legally effective consent of their statutory representative to conclude a Contract and to present such consent at each request of WITTCHEN, or in any other legally admissible way to ensure the validity of the Contract; however, for the avoidance of doubts, contracts concluded within the framework of the Online Store are in principle deemed to be contracts that are commonly concluded in minor everyday matters;
Terms and Conditions – these terms and conditions of the online store www.wittchen.com
Online Store – the website available at www.wittchen.com, through which the Customer may place an Order;
Stationary Store – each stationary WITTCHEN point of sale located on the territory of the Republic of Poland, including the so called Outlet. A list of current Stationary Stores is available at: https://www.wittchen.com/pl-PL/sklepy-i-salony;
System – a set of interrelated IT devices and software, ensuring the processing and storage, as well as the sending and receiving of data via telecommunications networks by means of a terminal device appropriate for the given network type;
Lead Time – the number of working days or hours stated on the Product Page in the object of an Order;
Goods – the movable items that can be or are the object of a Contract;
Contract –a contract concluded off-premises (i.e. remotely) according to the principles specified in the Terms and Conditions between the Customer and WITTCHEN;
Act on the Provision of Electronic Services – the 18 July 2002 Act on the Provision of Electronic Services (consolidated text: Journal of Laws of 2020, item 344 as amended);
WITTCHEN – WITTCHEN S.A. with its registered office in Palmiry, Palmiry, ul. Gdańska 60, 05-152 Czosnów, entered into the National Court Register kept by the District Court for the City of Warsaw, XIV Commercial Division of the National Court Register under the KRS number: 0000352760, Tax ID: 951-10-22-154, REGON: 011664266;
Technical Requirements – requirements ensuring the correct operation or use of the Online Store. To ensure correct operation, WITTCHEN recommends the use of the following browsers: FireFox version 65 or later, Opera version 19 or later, Chrome version 32 or later, Edge version 18 or later, IE version 11, Safari version 14 or later. At the same time, WITTCHEN informs that the use of third-party software affecting the functioning and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, or Safari, may affect the proper display of the Online Store, therefore in order to obtain the full functionality of the Online Store at https://www.wittchen.com/, you should disable all of them.
Order – a statement of the Customer's will submitted via the Online Store, which signifies the will to conclude a Sales Contract, in particular using the functionality of the Online Store, submitted using means of remote communication, including data necessary to conclude and perform the Contract, in particular specifying the type and quantity of Products; Price; Delivery Method; Payment Method; place of issue of the Goods, personal data, and other data concerning the Customer.

III GENERAL PROVISIONS

The Contract is concluded in accordance with generally applicable law and these Terms and Conditions.
Through the Online Store, WITTCHEN sells within the territory of the Republic of Poland as well as abroad.
WITTCHEN shall provide services and deliver Products in accordance with the Contract.
Content indicated or provided to the Customer by WITTCHEN as part of or in connection with the use of the Online Store, including e-mail messages regarding the proposed Contract, shall be considered – unless otherwise expressly stated in the given communication – not as an offer, but as an invitation to conclude a contract within the meaning of the Civil Code provisions.
All Final Prices quoted by WITTCHEN are in the Polish national currency and are gross Final Prices (i.e. include VAT). The Product prices do not include Delivery costs, as set out in the Delivery Pricelist available at https://www.wittchen.com/koszty-dostawy.
WITTCHEN shall display the Product or Service Price in an unambiguous and unquestionable manner. Whenever a reduction in the Product or service Price is communicated, next to the information about the reduced Price (e.g. reduced due to the introduction of temporary promotions) in the Online Store, WITTCHEN displays the most recent lowest price of the Product available on www.wittchen.com within the last 30 days prior to the price reduction.
WITTCHEN is liable to the Consumer for the Product's compliance with the Contract as per the Consumer Rights act, while to Entrepreneurs for Product defects as per the Civil Code and other applicable laws, as well as based on these Terms and Conditions.
Confirmation, publication, recording, securing of all essential provisions of the Contract in order to gain access to this information in the future, is carried out as follows:
1. 8.1 Order confirmation by sending: the Order, information on the right to withdraw from the Contract, these Terms and Conditions in pdf version, model withdrawal form in pdf version, links to download the Terms and Conditions themselves, electronic VAT invoice.
WITTCHEN does not charge any fees for communication with WITTCHEN via remote communication, whereas the Customer may bear its costs in the amount arising from the contract concluded with a third party providing a specific service enabling remote communication.
WITTCHEN assures the Customer using the System that the Online Store operates correctly in the following browsers: FireFox version 65 or later, Opera version 19 or later, Chrome version 32 or later, Edge version 18 or later, IE version 11, Safari version 14 or later. The use of third-party software affecting the operation and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the Internet Shop, therefore in order to obtain full functionality of the Internet Shop www.wittchen.com, you should disable all of them.
WITTCHEN provides the users of www.wittchen.com with access to Product reviews submitted by Customers at the Online Store WITTCHEN, in cooperation with a trusted subcontractor, ensures that the published reviews come from people who have used a given Product or acquired it by sending a questionnaire regarding the posting of reviews after the Order has been placed by a given Customer. For this purpose, after the Customer purchases a Product, WITTCHEN, as part of the implementation of the Contract with the Customer, may send an invitation to the e-mail address (indicated by the Customer) to fill out a questionnaire to receive their opinion on the sales made. The Customer has the right to provide their review by completing the survey in question, however, providing a review is voluntary.

IV CONCLUSION AND PERFORMANCE OF A CONTRACT

Orders may be placed 24 hours a day, each calendar day, subject to periods related to the performance of works aimed at providing the Customer proper access to the Online Store's functionality or the occurrence of obstacles independent of WITTCHEN.
To place an Order, the Customer should perform at least the following activities, some of which can be repeated multiple times:
1. adding the Product to the Cart;
2. selecting the Delivery method;
3. selecting of the Payment type;
4. choosing a place of delivery for the Goods;
5. placing an Order in the Online Store by using the "Buy and pay" button.
Concluding a Contract with the Customer occurs upon the acceptance of an Order by WITTCHEN, which the customer shall be notified of within 48 hours of placing an Order.
Implementation of Customer Orders payable on delivery takes place immediately after the conclusion of the Contract, and a Contract paid for via bank transfer or via an electronic payment system after the conclusion of the Contract and crediting of the Customer's payment on WITTCHEN's account.
Implementation of Customer's Order may depend on the effective payment of the whole or part of the Order value or consent of WITTCHEN to send Orders on cash on delivery terms (paid on receipt).
Shipment of the Object of the Contract shall take place within the date specified on the Product Page, and for orders of multiple products in the longest period on the pages of certain products. The term starts upon the execution of the Order.
The purchased Object of the Order shall be dispatched by the Delivery Method of the Customer's choice to the place of delivery of the Goods indicated by the Customer in the Order, together with the enclosed attachments as referred to in Section III item 8.1. of the Terms and Conditions.
WITTCHEN performs activities aimed at ensuring the availability of products presented in the Online Store. In exceptional cases, in particular in the case of simultaneous placement of an Order for the same Product by multiple Customers, it may happen that a given Product is not actually available. In such a case, due to impossibility to provide the service, the Customer will receive information about the inability to fulfil the Order (based on the relevant provisions of the Civil Code, including art. 493-495 of the Civil Code).
WITTCHEN may enable the Customer to collect the Products in person at a WITTCHEN stationary store as part of the "Order and Collect" service (the so-called Click and Collect) enabling the Customer to obtain: (i) free delivery of the selected Product, (ii) the ability to choose the most convenient commercial location of the WITTCHEN showroom, (iii) a guarantee of product availability in the selected stationary showroom, (iv) the possibility of withdrawing from the Contract in the scope of the Product purchased based on the terms sale of WITTCHEN brand goods via the Internet – 30 days (from the date of Product receipt in the showroom), (v) the possibility of replacing the Product being the object of the Order in the stationary showroom with the same goods, but in a different size or colour, while maintaining the Price on the date of purchase of the Product, or other currently available goods – 30 days (from the date of receipt of the Product in the showroom). In order to properly perform the "Click and Collect" service, the Customer is obliged to provide WITTCHEN with the personal data necessary to achieve the contact purposes (e.g. informing the Customer about the status of the shipment via SMS) and the correct conclusion and performance of the Object of the Contract. All additional information on the "Click and Collect" service is described at www.wittchen.com/zamow-i-odbierz.

V PAYMENTS

Within the Online Store, WITTCHEN enables Customers to make payments, in particular payment for Products, using methods including:
1. online transfers;
2. card payments, including credit or debit;
3. payments using mobile payment systems;
4. payments with the participation or intermediation of credit institutions;
5. payments made with or through other third parties, including "deferred" payments.
6. Payment by gift card/E-gift card.
Depending on the circumstances or current business or legal conditions, including agreements concluded by WITTCHEN with third parties, the type of transaction or the choice of the Customer, the payment may be made in advance or on delivery.
Depending on the circumstances or current business or legal conditions, including concluded by WITTCHEN with third parties, the type of transaction or choice of the Customer, payment methods, their suppliers or other entities participating in them or intermediaries are subject to change.
In the event of cancellation of part or entirety of the Order, the refund of payment to the Customer shall be made without delay, but no later than within 14 days from the cancellation date – in whole or in an appropriate part of the Price, respectively.
The payment shall be refunded using the payment method used by the Customer - unless the Customer has expressly agreed to a different refund method (including refund to a different bank account) or if the payment was made using a Gift Card/E-gift.
Once the goods have been ordered via the Online Store, the Customer will be sent an invoice covering the object and amount of the order placed. The invoice will be delivered to the Customer electronically by sending an attachment containing the invoice (PDF file) to the e-mail address indicated on the order form. Any invoice adjustments will be sent to the customer in the same way.
By accepting these Terms and Conditions, the Customer agrees that a proof of payment (invoice), as referred to above, will be prepared and sent to the e-mail address provided when placing an Order or creating an Account.
At the Customer's request, the invoice covering the object of the Order will be sent in hardcopy form. In order to receive an invoice, the Customer can contact the company at the address esklep@wittchen.com. A request for a hardcopy invoice should include the Order number and the invoice delivery address.

VI DELIVERIES

Delivery of Orders covers the territory of the Republic of Poland and other selected countries.
Order delivery takes place under the terms and conditions, including prices, indicated in the Delivery Price List located under "Delivery Costs" (available at: https://www.wittchen.com/koszty-dostawy ).

VII COMPLAINTS

The basis and scope of WITTCHEN's liability to the Consumer, if the Product sold does not comply with the Contract, are specified by the Consumer Rights act.
In the event of non-compliance of the Product with the Contract, the Consumer shall be entitled to the rights specified in the Consumer Rights act. Agreements requiring the transfer of ownership of goods to the Consumer, including in particular sales contracts, supply contracts and contracts for specific work comprising the goods, shall not be subject to the provisions of the third book of Title XI of Section II of the Civil Code.
The product complies with the Contract if, in particular, the following parameters are in accordance with the Contract:
1. 3.1 description, type, quantity, quality, completeness and functionality;
2. 3.2 suitability for a particular purpose for which it is needed by the Consumer, of which the Consumer has notified WITTCHEN no later than at the time of conclusion of the Contract, and that WITTCHEN has accepted.
In addition, in order for the Product to be deemed compliant with the Contract, it must:
1. 4.1. be suitable for the purposes for which the Product of this type is normally used, considering applicable law, technical standards or good practices;
2. 4.2. be available in such quantity and have such characteristics, including durability and safety, and in relation to goods with digital elements - also functionality and compatibility, as are typical for such goods and which the Consumer can reasonably expect, taking into account the nature of the goods and the public assurance given by WITTCHEN, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless WITTCHEN demonstrates that:
  1. it was not aware of the public assurance in question and, judging reasonably, could not have been aware of it,
  2. prior to concluding the Contract, the public assurance has been corrected in accordance with the conditions and form in which the public assurance was given, or in a comparable manner,
  3. the public assurance did not affect the Consumer's decision to conclude the Contract;
  4. be supplied with the packaging, accessories and instructions which the Consumer may reasonably expect to receive;
  5. be of the same quality as the sample or design that WITTCHEN has made available to the Consumer before the conclusion of the Contract and correspond to the description of such sample or design.
WITTCHEN shall be liable for Product's non-compliance of the Product with the Contract resulting from improper installation of the Product if:
1. 5.1. it was carried out by or under the responsibility of WITTCHEN;
2. 5.2. incorrect installation carried out by the Consumer resulted from errors in the instructions provided by WITTCHEN or a third party referred to in art. 6 item 2 of the Consumer Rights act.
WITTCHEN shall be liable for the Product's non-compliance with the Contract existing at the time of its delivery and discovered within two years from that time, unless the shelf life of the Product, as determined by WITTCHEN, its legal predecessors or persons acting on their behalf, is longer. It is presumed that a Product's lack of compliance with the Contract, which was discovered within two years from the Product's delivery, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the Product or the nature of the Product's non-compliance with the Agreement.
WITTCHEN may not rely on the expiry of the deadline for declaring the Product's non-compliance with the Contract if it has fraudulently concealed such non-compliance.
If the Product does not comply with the Contract, the Consumer may request its repair or replacement.
WITTCHEN may make a replacement when the Consumer requests a repair, or WITTCHEN may make a repair when the Consumer requests a replacement, if it is impossible to bring the Product into a state of compliance with the Contract in the manner chosen by the Consumer or such action would require excessive costs for WITTCHEN. If repair and replacement are impossible or would require excessive costs incurred by WITTCHEN, WITTCHEN may refuse to bring the Product into compliance with the Agreement.
When assessing whether the costs are excessive for WITTCHEN, all the circumstances of the case shall be taken into account, in particular the significance of the Product's non-compliance with the Contract, the value of the Compliant Product and the excessive inconvenience for the Consumer caused by the change in the way the Product is brought into compliance with the Contract.
WITTCHEN shall carry out repair or replacement within a reasonable time from the moment WITTCHEN is informed by the Consumer of the non-compliance with the Contract and without undue inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it. Costs of repair or replacement, including in particular postage, transport, labour and materials, shall be borne by WITTCHEN.
The Consumer shall make available to WITTCHEN the Product subject to repair or replacement. WITTCHEN collects the Product from the Consumer at its own expense.
If the Product has been assembled before the Product's non-compliance with the Contract becomes apparent, WITTCHEN shall disassemble the Product and reassemble it upon repair or replacement, or shall have the above performed at its own expense.
The consumer is not obliged to pay for the mere use of the Product, which is subsequently replaced.
If the Product is non-compliant with the Contract, the Consumer may make a declaration requesting a price reduction or withdrawal from the Contract when:
1. 15.1. WITTCHEN refused to bring the Product into compliance with the Contract in accordance with art. 43d item 2 of the Consumer Rights act;
2. 15.2. WITTCHEN did not bring the Product into compliance with the Contract in accordance with art. 43d item 4-6 of the Consumer Rights act;
3. 15.3. non-compliance of the Product with the Contract persists, even though WITTCHEN attempted to bring the Product into compliance with the Contract;
4. 15.4. the Product's non-compliance with the Contract is sufficiently significant to justify a Price reduction or withdrawal from the Contract without first using the protection measures specified in art. 43d of the Consumer Rights act;
5. 15.5. it is clear from WITTCHEN's statement or circumstances that WITTCHEN will not bring the Product into compliance with the Contract within a reasonable time or without undue inconvenience to the Consumer.
The reduced Price must be in such proportion to the Contract Price as the value of the non-compliant Product remains to the value of the compliant Product.
WITTCHEN shall reimburse to the Consumer the amounts due as a result of exercising the right to reduce the Price without delay, no later than within 14 days from the date of receipt of the Consumer's declaration concerning the Price reduction.
The Consumer may not withdraw from the Contract if the Product's non-compliance with the Contract is insignificant. It is presumed that the Product's non-compliance with the Contract is significant.
If the lack of compliance with the Contract concerns only certain Products delivered under the Contract, the Consumer may withdraw from the Contract only in relation to these Products, as well as in relation to other Products purchased by the Consumer together with Products that do not comply with the Contract, if it cannot be reasonably expected that the Consumer will agree to retain only Products compliant with the Contract.
In the event of withdrawal from the Contract, the Consumer shall immediately return the WITTCHEN Product at its expense. WITTCHEN shall return the Price to the Consumer without delay, no later than within 14 days from the date of receipt of the Product or proof of its return.
WITTCHEN shall reimburse the Price using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not expose the Consumer to further costs.
The Consumer may refrain from paying the Price until WITTCHEN has fulfilled its obligations under srt. 43d and art. 43e of the Consumer Rights act.
In the event of the Product's non-compliance with the Contract, the Consumer may submit a complaint, for example in writing, to the Complaints Address, with the annotation "Complaint"; the Customer may also contact the customer service office. If the complaint relates to a Product, it is usually expedient to deliver it to WITTCHEN with the corresponding request, to allow WITTCHEN to investigate the Product and respond to the requests. Details of the free Product delivery methods provided by WITTCHEN in connection with a complaint can be found within the Online Store under the "Complaints" tab (available at https://www.wittchen.com/pl-PL/nowa-reklamacja).

VIII CUSTOMER SATISFACTION SURVEY

In order to monitor Customer satisfaction, improve the service quality and sales service, WITTCHEN may enable the Customers who made a purchase in the Online Store to express their opinion on the functioning of the Online Store and the purchased Goods through TrustMate S.A. with its registered office in Wrocław, ul. Bartoszowicka 3, 51-641 Wrocław, KRS: 0000737597, Tax ID: 8971854393, REGON: 369980751 („Service”).
For the purpose set out above, WITTCHEN shall transmit to the Service the data necessary for the Customer to provide feedback (in particular their e-mail address, the Customer's first name, the Order number and information about the Goods purchased at the Online Store). The Customer will receive an e-mail asking for feedback about the Online Store, and in the absence of a response to such a message – a reminder about the possibility of giving feedback. Feedback is completely voluntary.
The detailed rules for giving feedback are described on the Service at: https://trustmate.io/user-regulations
At the moment of issuing an opinion, the client transfers to WITTCHEN, free of charge, the copyrights to the work without time and territorial limitation to the posted feedback, in particular to:
1. 4.1. disseminating the feedback or part of it by making it publicly available in such a way that everyone can have access to it at a place and time of their choice (Internet), public display;
2. 4.2. using the feedback or part of it in WITTCHEN marketing campaigns;
3. 4.3. recording and reproduction of feedback or parts thereof – production of copies of said feedback by any technique, including printing, reprographic, magnetic recording and digital technology.
The Customer authorizes WITTCHEN to use the work without crediting the creator and to exercise personal copyrights on their behalf.
Simultaneously, the Customer, when granting the license, ensures that the feedback does not infringe on the copyrights of third parties. If these statements are not true, the Customer shall be liable to third parties.

IX RIGHT OF WITHDRAWAL

Pursuant to Art. 27 of the Consumer Rights act, the Consumer is entitled to withdraw from a Contract concluded remotely, without statement of cause and without bearing any costs, except for the costs set out in art. 33 and art 34 item 2 and art. 35 of the Consumer Rights act.
The period for withdrawal from the Contract shall begin from the day on which the Consumer or a third party other than the carrier designated by the Consumer takes possession of the Product and, in the case of a Contract which comprises multiple items which are delivered separately, in lots or in parts, from the day on which the Consumer takes possession of the last item, lot or part.
The time limit for withdrawing from the Contract concluded remotely is 14 days from the moment of handing over the product, and to satisfy said time limit, it is sufficient to send a statement before the lapse thereof.
The declaration of Contract withdrawal may be made by the Consumer:
1. 4.1. on the form, a specimen of which is attached as Annex 2 to the Consumer Rights act;
2. 4.2. on the form available at: https://www.wittchen.com/pl-PL/nowy-zwrot; or
3. 4.3. in another form in accordance with the Consumer Rights act.
WITTCHEN shall promptly acknowledge to the Consumer by e-mail (specified when concluding the Contract and another if specified in the declaration submitted) the receipt of the declaration of withdrawal from the Contract.
In the event of withdrawal from the Contract, it shall be deemed not to have been concluded.
The Consumer is obliged to return the Product to WITTCHEN or hand it over to a person authorised by WITTCHEN to collect it immediately, but no later than 14 days from the day on which they withdrew from the Contract, unless WITTCHEN offered to collect the Product itself. In order to meet the deadline, the Product must be sent back prior to its expiry.
The Consumer shall bear the direct costs of returning the Goods, which means that they shall send back at their own expense and risk the Products that are the object of the Contract from which they have withdrawn.
The Consumer shall be liable for any depreciation in the value of the Goods a arising from use beyond that which is necessary to ascertain the nature, characteristics and functioning of the Goods.
WITTCHEN shall immediately, not later than within 14 days from the receipt of a declaration of withdrawal from the Contract submitted by the Consumer, reimburse all Payments made by the Consumer, including the costs of delivering the item, whereby if the Consumer has chosen a method of delivering the item other than the cheapest ordinary method of delivery offered by WITTCHEN, WITTCHEN shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer - pursuant to art. 33 of the Consumer Rights act.
If WITTCHEN has not offered to collect the Product from the Consumer itself, WITTCHEN may withhold reimbursement of the Payments received from the Consumer until it has received the Product back or the Consumer has provided proof of return, whichever event occurs first.
WITTCHEN makes the reimbursement using the same payment method as used by the Consumer, unless the Consumer has clearly agreed to another payment method which will not expose them to additional costs.
The right to withdraw from the Contract concluded remotely shall not be granted to the Consumer in the cases provided for in art. 38 of the Consumer Rights act, in particular in relation to the following Contracts:
1. 13.1. for the provision of services, if WITTCHEN has performed the service in full with the express consent of the Consumer, who was informed before the performance began that after WITTCHEN has performed the service, they will lose the right to withdraw from the Contract;
2. 13.2. in which the Price or compensation depends on fluctuations in the financial market over which WITTCHEN has no control and which may occur before the deadline for withdrawal from the Contract;
3. 13.3. in which the subject matter of the Contract is a non-prefabricated good made to the Consumer's specifications or intended to meet the Consumer's personalised needs;
4. 13.4. in which the object of the Contract is a Product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
5. 13.5. in which the object of the Contract consists of Products which are, by their nature, inseparable from other things after delivery.
In case of doubt, the Customer may contact the customer service office.

X PROTECTION OF PERSONAL DATA

WITTCHEN processes the Customer's personal data as a controller of personal data.
WITTCHEN, as the personal data controller, processes in particular the data provided in connection with the use of functionalities available in the Online Store and the conclusion and performance of the Contract.
Providing personal data by the Customer is voluntary, but necessary in order to create an Account, use certain services, conclude a Contract and other activities performed within the Online Store.
Principles of personal data protection and the use of test files (so-called Cookies) are described by WITTCHEN in its privacy policy published and available at: https://www.wittchen.com/polityka-prywatnosci.

XI COPYRIGHT

All content, services, goods, rights to the Online Store, including proprietary copyrights, intellectual property rights to its name and domain, to the Online Store website, as well as to models, forms, logotypes, functionalities and photographs placed on the website www.wittchen.com attributable to WITTCHEN or its sub-contractors are subject to special legal protection, based among others on the provisions of the Copyright Law.
The use of the aforementioned content by the Customer and the users of the Online Store is allowed only based on WITTCHEN's express prior consent in writing, under pain of nullity, unless otherwise provided by law.

XII OUT-OF-COURT SETTLEMENT OF DISPUTES CONCERNING PURCHASES IN THE ONLINE STORE

In the case of a dispute arising between WITTCHEN and a Customer in relation to a purchase made at the Online Shop, the Customer may make use of the out-of-court ways of handling complaints and pursuing claims, inter alia, by submitting a complaint in an official language of the European Union, including Polish, via the EU ODR online platform available at the address: http://ec.europa.eu/consumers/odr/.
In particular, if the Consumer so wishes, any dispute may be resolved by mediation or arbitration. As a last resort, any dispute may be settled by a common court having jurisdiction locally and materially in accordance with the principles set out in the Code of Civil Procedure.

XIII PROVISIONS CONCERNING ENTREPRENEURS

For the avoidance of doubt, the provisions set out in this Part XIII of the Terms and Conditions apply only to Entrepreneurs and do not apply to Consumers.
The provisions referred to in Part IX of the Terms and Conditions regarding the right of withdrawal shall apply accordingly to Entrepreneurs.
In the event of a Product defect, WITTCHEN may be liable to Entrepreneurs under the warranty provisions based on art. 556 et seq. of the Civil Code.
In the event of a Product defect, the Entrepreneur may make a complaint, for example in writing, to the Complaints Address, with the annotation "Complaint". If the complaint concerns a Product it is usually advisable to deliver it to WITTCHEN together with the request, in order to allow WITTCHEN to examine the Product and respond to the request. Details of the methods made available by WITTCHEN for free Product delivery in relation to a complaint can be found on the Website under the tab "Complaints" (available at https://www.wittchen.com/pl-PL/nowa-reklamacja).
With respect to Entrepreneurs, WITTCHEN is entitled to withdraw from the Contract or any other agreement concluded in connection with or based on the Terms and Conditions, no later than within 45 days from the date of its conclusion. In such a case, WITTCHEN may withdraw without the requirement to indicate the reasons for withdrawal and without the Entrepreneur being able to make any claims against WITTCHEN - by sending a withdrawal declaration to such Entrepreneur (in any form).
WITTCHEN shall not be liable for any damage or loss of profit to the Entrepreneur unless the above damage was caused intentionally by WITTCHEN.
In the case of establishing, in relation to an Entrepreneur, the liability of WITTCHEN (including its employees, authorised representatives, proxies), such liability, regardless of its legal basis, is each time limited to the amount of PLN 1,500 (in words: one thousand five hundred and 00/100) with respect to a single claim.
For the avoidance of doubt, the provisions of item 1-7 above shall not apply to a natural person concluding a contract directly related to that person's business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of that person's business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
Any disputes arising between WITTCHEN and the Entrepreneur shall be submitted to the competent court with jurisdiction over the registered office of WITTCHEN.

XIV FINAL PROVISIONS

Nothing in the Terms and Conditions is intended to infringe on the rights of the Customer, in particular Consumer rights.
In matters not covered by the Regulations, the provisions of generally applicable Polish law shall apply, in particular: the Civil Code, Consumer Law, the Act on Rendering Electronic Services.
The current version of the Terms and Conditions is available under the Terms and Conditions tab at: https://www.wittchen.com/regulamin The Terms and Conditions accepted by the Customer when placing the Order shall apply during the Order and throughout the after-sales care period.
The Terms and Conditions in the version applicable at the time of concluding the Contract shall apply to contracts concluded before the amendment.
The existing Terms and Conditions, valid until 17.03.2024 (inclusive), can be found under Terms and Conditions tab at: https://www.wittchen.com/regulamin. https://static2.wittchen.com/gfx/file/REGULAMIN-SKLEPU-INTERNETOWEGO-WITTCHEN_01.01.2023.pdf.
WITTCHEN reserves the right to make changes to the present Terms and Conditions for important and justified reasons, of which it will inform the Customers at least 14 days in advance.
The Terms and Conditions come into force on 18.03.2024.

The existing regulations, valid until 17.03.2024 (inclusive), can be find in the regulations tab at:.