TERMS AND CONDITIONS OF DISTANCE SALES AND ONLINE STORE WOONDAH
1. GENERAL PROVISIONS
1.1. The Seller and owner of the Online Store is DEMI POLAND - Nowak, Skrodzki sp.k., with its registered office in Straszęcin, ul. Inwestycyjna 5, 39-218 Straszęcin, entered into the Register of Entrepreneurs under number KRS: 0000763271, NIP: 8172177237, REGON: 361084610, e-mail address: [email protected].
1.2. These Terms and Conditions are addressed to customers who are consumers and define in particular the rules for placing orders, using the WOONDAH Online Store, delivering the ordered products to the Customer, paying the price of the Products, the Customer's right to withdraw from the contract, as well as the rules for filing and processing complaints.
1.3. The definitions used in these Terms and Conditions mean:
1.3.1. Order Form – an interactive form available in the WOONDAH Online Store or another form provided by the Seller, enabling the placement of an order, in particular by adding products to the cart and specifying the terms of the sales contract, including the method of payment and delivery of the product to the Customer.
1.3.2. Customer – a consumer within the meaning of the Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws 2024, items 1061 and 1237, as amended) – a natural person with full legal capacity who purchases a Product from the Seller not directly related to their business or professional activity.
1.3.3. Confirmation of Contract Conclusion – information sent by the Seller to the Customer's e-mail address after the Customer has placed an order, containing the information referred to in Article 21(1) in connection with Article 12(1) of the Consumer Rights Act of May 30, 2014 (consolidated text: Journal of Laws 2023, item 2759, as amended), constituting acceptance of the Customer's offer.
1.3.4. Product – a movable item available from the Seller, in particular in the WOONDAH Online Store, being the subject of the sales contract between the Customer and the Seller.
1.3.5. Terms and Conditions – these Terms and Conditions of Distance Sales and the WOONDAH Online Store.
1.3.6. Store – the WOONDAH Online Store operating via the website store.woondah.com enabling Customers to purchase Products online.
1.3.7. Seller – DEMI POLAND - Nowak, Skrodzki sp.k., with its registered office in Straszęcin, ul. Inwestycyjna 5, 39-218 Straszęcin, Poland, entered into the Register of Entrepreneurs under number KRS: 0000763271, NIP: 8172177237, REGON: 361084610, e-mail address: [email protected].
1.3.8. Contract – a contract for the sale of a Product concluded or entered into between the Customer and the Seller remotely, in particular via the ABCDE Online Store; the Contract is concluded upon receipt by the Customer of the Seller's declaration of intent to conclude the Contract in response to the Order placed; the Contract is concluded under the condition subsequent that the Customer fails to make payment within the time specified in item 4.8 first sentence, subject to other provisions of the Terms and Conditions.
1.3.9. Order – the Customer's declaration of intent to conclude a Contract, constituting an offer; placing an Order requires completing all steps of the Order Form.
1.4. The Customer may communicate with the Seller via e-mail: [email protected], through the contact form available on the Store's website, or in writing (address: ul. Inwestycyjna 5, 39-218 Straszęcin, Poland).
2. ELECTRONIC SERVICES IN THE STORE
2.1. In order to use the electronic services available in the Store, the Customer should have devices that allow access to the Internet, an active e-mail account, and a web browser capable of displaying www pages.
2.2. Technical requirements necessary to use the Store's services and to operate with the Store's IT system:
2.2.1. a modern web browser (e.g., Firefox, Chrome, Opera, Edge) in the latest stable version released and supported by its developer, with JavaScript and cookies enabled; proper functioning of the Store requires the Customer to accept cookies;
2.2.2. using outdated or unsupported browsers, such as Internet Explorer, may prevent access to the Store's full functionality;
2.2.3. active tunneling of the internet connection, use of VPN, Tor networks, IP masking or similar technologies may affect correct determination of the end user's location;
2.2.4. enabled ad-blocking extensions may negatively affect the website's operation and prevent order placement.
2.3. The Customer is obliged to use the Store in a lawful and respectful manner, taking into account the rights and personal interests of the Seller and third parties.
2.4. The Customer is obliged to provide truthful data. The Store is not liable for consequences resulting from providing false data.
2.5. It is prohibited to submit any unlawful content via the Store.
2.6. Complaints regarding the provision of electronic services should be submitted by the Customer to the e-mail address [email protected] and should include: Customer data, a description of the issue giving rise to the complaint, the date of the issue, and the requested resolution.
2.7. The conditions for submitting a complaint referred to in point 2.6 are recommendations and do not affect the validity of complaints submitted without following them.
2.8. Complaints referred to in point 2.6 will be resolved within 14 days of receipt by the Seller. The Customer will be informed of the outcome by e-mail sent to the address provided.
2.9. The Seller shall not be liable for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Store with the Customer's technical infrastructure.
3. TERMS OF ORDER PLACEMENT
3.1. The Seller's business includes the sale of Products remotely, in particular via the Internet and the Store's website.
3.2. The Customer may place an Order for Products available from the Seller using the Order Form.
3.3. To place an Order, the Customer selects the Product and then:
3.3.1. completes the Order Form by providing:
3.3.1.1. contact information (first and last name, e-mail address),
3.3.1.2. delivery address,
3.3.1.3. delivery method and any additional comments regarding the Order,
3.3.1.4. payment method and finally confirms the Order, which in the Store is done by selecting the "Order with obligation to pay" option;
3.3.2. or logs into their account and completes the Order Form by providing:
3.3.2.1. delivery address,
3.3.2.2. delivery method and any additional comments regarding the Order,
3.3.2.3. payment method and finally confirms the Order, which in the Store is done by selecting the "Order with obligation to pay" option.
3.4. After placing the Order, the Seller sends a Confirmation of Contract Conclusion to the e-mail address provided by the Customer.
3.5. During the process of placing and fulfilling the Order, the Customer may be asked to provide a contact phone number to facilitate delivery.
3.6. The Customer may also place an Order in a manner other than specified above, subject to prior agreement with the Seller.
4. TERMS OF SALE AGREEMENTS
4.1. The products presented by the Seller, in particular those sent to the Customer and presented on the Store’s website, do not constitute a commercial offer within the meaning of the provisions of the Civil Code, but an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code. In order to purchase a Product, the Customer places an Order in accordance with the procedure described in point 3.3.
4.2. All Products available from the Seller are brand new, have been legally placed on the market, and are free from physical and legal defects. The Seller complies with the obligation to deliver a defect-free Product.
4.3. The Store fulfills Orders concerning the delivery of Products within the territory of the Republic of Poland and the European Union. In the case of shipments of Products to countries outside the European Union, the Seller reserves the right to cancel the Order after prior contact with the Buyer, if shipment to the selected country is not possible.
4.4. The prices of all Products are given in Euro (EUR) and include value-added tax (VAT); they do not include the cost of delivering the Product to the Customer, including customs fees.
4.5. During the order placement process, the Customer is informed about the total price of the Product including taxes, as well as any delivery charges and other costs related to the submitted Order. Delivery of the Product is subject to a fee, unless the Product sales agreement states otherwise. In the case of Orders placed from outside the customs territory of the European Union, the Customer may incur additional costs related to so-called customs debt, meaning the obligation to pay import duties by the Customer, who will also be the importer of the given goods. Fees related to customs clearance in the destination country are not included in the product price or in the shipping costs.
4.6. In case of unavailability of the Product ordered by the Customer or if the ordered Product is temporarily unavailable, the Seller will inform the Customer of this fact via the e-mail address provided by the Customer. If the Customer does not agree to the fulfillment of the Order in another form within 14 days (e.g. by exchanging the Product for a similar one with similar features and price), the Order will be canceled in full or, if the Customer agrees, fulfilled without the unavailable Product.
4.7. The Store allows payment related to the concluded Agreement to be made by bank transfer or by using online payments. Accepted payment cards: VISA and MasterCard.
4.8. Credit card transactions and online payments are processed by an external payment operator.
Payment is made during the processing of the Order via an electronic payment system or using a payment link received from the Seller.
When making a payment via the selected payment operator, the Customer completes the payment form on the Store’s website, after which they are redirected to a secure payment system to finalize the transaction.
After confirming the payment, the Customer is automatically redirected back to the Store’s website. Order processing begins after the Store receives confirmation of the successful transaction.
In case of a refund, the payment will be refunded via the same payment operator used during Order placement.
4.9. The Customer may submit a payment-related complaint to the Seller, who will forward it to the relevant payment operator.
4.10. Payment via bank transfer or using the Paypal option must be made by the Customer no later than within 3 days from the date of placing the Order. Order processing begins after the payment is credited to the Seller’s bank account or after the Seller receives confirmation of a successful transaction from the payment operator. The Seller reserves the right to cancel the Order if the correspondence address provided when placing the Order does not match the correspondence address assigned by the Customer to their payment operator account. In such a case, the Customer may be asked to place the Order again.
4.11. Delivery of the Product covered by the Order takes place only to the address provided by the Customer during the Order placement process. The Customer is informed each time before placing the Order about the delivery time of the Product and the cost of such delivery.
4.12. The Order processing time, including Order completion and preparation for shipment, is 7 business days from the moment the Seller credits the payment made by the Customer, unless a different date is indicated in the description of the Product or during the Order placement process.
4.13. If the Order includes a personalized Product, the processing time – which in this case includes the production of the Product, Order fulfillment, and preparation for shipment – will be determined individually.
4.14. In the case of individually customized Products, the Seller has the right to verify whether the individual design complies with applicable law. In case of non-compliance, the Customer will be informed by e-mail and the Order will not be accepted for fulfillment.
4.15. The Seller is not responsible for the content and/or meaning of the personalized design.
4.16. The Seller is not liable for failure to deliver the Product or for delays in delivery of the ordered Product resulting from extended customs clearance, force majeure, absence of a person authorized to receive the Order, or providing an incorrect or inaccurate delivery address, as well as in case of inability to contact the Customer at the provided e-mail address or phone number.
4.17. The Seller enables personal pickup of the ordered Product by the Customer at the Seller's registered office, if such an option is available when placing the Order. The Seller informs the Customer of the exact pickup date by sending a message to the e-mail address provided during Order placement.
4.18. The Product may be covered by a warranty from the manufacturer, importer, or Seller. Each time the Product is covered by a warranty, the Customer receives a warranty document with the Product. The warranty regarding the Product, if granted, does not exclude, limit, or suspend the Customer's rights arising from statutory warranty for physical defects of the Product.
4.19. Recording, securing, and making the content of the concluded Agreement available occurs by providing the Terms and Conditions on the Seller’s website and by sending the Customer the Confirmation of Contract Conclusion in accordance with point 3.4, which includes the Terms and Conditions. In addition, the content of the Agreement is recorded and secured in the Seller’s IT system.
4.20. Upon receipt of the Product, the Customer is obliged to check the condition of the package. If shortages or damage are found, the Customer is required to take all necessary steps to establish the carrier's liability, in particular to draw up a damage report together with the carrier.
4.21. In case of refusal to accept the delivered goods by the Customer and failure to prepare a damage report with the carrier, the Customer is obliged to pay additional costs for returning the goods to the Seller.
4.22. If the Customer fails to collect the delivered goods, the shipment will be returned to the Seller. In such circumstances, the Customer is obliged to cover additional costs related to the return of the goods to the Seller.
5. COMPLAINT PROCEDURE
5.1. The Seller is liable for defects of the Product under applicable provisions of law, in particular Articles 556–576 of the Civil Code.
5.2. The Customer has the right to file a complaint based on the provisions on warranty if the Product has a physical or legal defect.
5.3. The Seller is liable under the warranty for physical defects that existed at the time the risk passed to the Customer or resulted from a cause inherent in the Product sold at the same time.
5.4. A physical defect consists in the non-conformity of the Product with the Agreement, in particular if the Product:
5.4.1. does not have the properties that a product of this kind should have due to the purpose defined in the Agreement or arising from circumstances or intended use as declared by the Seller,
5.4.2. does not have the properties assured by the Seller to the Customer,
5.4.3. is not suitable for the purpose about which the Customer informed the Seller when concluding the Agreement, and the Seller did not raise objections to such purpose,
5.4.4. was delivered to the Customer in an incomplete state,
5.4.5. does not have the properties indicated in public assurances made by the manufacturer or the Seller.
5.5. A legal defect consists in the following:
5.5.1. the Product is owned by a third party or,
5.5.2. the Product is encumbered by the rights of a third party, or
5.5.3. a restriction on the use or disposal of the Product results from a decision or ruling of a competent authority.
5.6. The Customer has the right to submit a complaint under the Seller's liability for the Product defect, in electronic form via the form on the Store’s website, in written form to the address: ul. Inwestycyjna 5, 39-218 Straszęcin, Poland, or by electronic mail to: [email protected].
5.7. A complaint submission should include the following information:
5.7.1. contact details of the Customer submitting the complaint (name, surname, address and contact phone number),
5.7.2. attachments in the form of photos of the Product in .jpg or .png format, videos in .mp4 format, etc.,
5.7.3. a detailed description of the defect, including the type and date of occurrence,
5.7.4. proof of purchase of the Product from the Seller,
5.7.5. the Customer’s request in accordance with point 5.9,
5.7.6. in case of exercising rights under the warranty – a completed warranty card received at the time of purchase.
5.8. The complaint guidelines referred to in point 5.7 are of a recommendatory nature and do not affect the effectiveness of complaints submitted without meeting them.
5.9. If a defect is found in the purchased Product, the Customer may request that the Seller replace the Product with one free from defects or remove the defect, or may submit a declaration of price reduction or withdrawal from the Agreement – provided that the defect is significant.
5.10. If the Seller confirms the defect of the Product based on the information referred to in point 5.7, the Customer exercising warranty rights is obliged to deliver the defective Product to the Seller’s registered office at the Seller’s cost.
5.11. All complaints are considered within 14 days from the date of their receipt by the Seller.
5.12. The Seller is liable to the Customer under the warranty if the defect is found within 2 years from the date of delivery of the Product.
5.13. A physical defect of the Product is not:
5.13.1. a natural change in the Product resulting from the natural properties of the materials used in production,
5.13.2. differences between the visual appearance of the Product resulting from the individual settings of the Customer’s display (color, proportions, etc.) and the actual appearance of the Product.
6. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
6.1. Pursuant to the Act of May 30, 2014 on consumer rights (consolidated text: Journal of Laws of 2023, item 2759, as amended), the Customer has the right to withdraw from the Agreement within 14 days without stating any reason. The period for withdrawal from the Agreement expires after 14 days from the day on which the Customer took possession of the Product or on which a third party other than the carrier and indicated by the Customer took possession of the Product.
6.2. In order to exercise the right of withdrawal from the Agreement, the Customer should prepare and send a statement of withdrawal to the address: ul. Inwestycyjna 5, 39-218 Straszęcin, Poland, or to the following e-mail address: [email protected], before the withdrawal period expires.
The Customer may use the model withdrawal form, but this is not obligatory.
6.3. In the event that the Customer submits a statement of withdrawal from the Agreement, the Seller shall return to the Customer all received payments, including the costs of delivering the Product (except for additional costs resulting from the delivery method selected by the Customer other than the cheapest standard delivery method offered by the Seller), in any case no later than 14 days from the day on which the Seller was informed of the Customer's decision to withdraw from the Agreement.
The refund shall be made using the same method of payment as used by the Customer, unless the Customer expressly agrees to a different method.
6.4. If the Customer has received the ordered Product, the Customer is obliged to return the Product to the following address: ul. Inwestycyjna 5, 39-218 Straszęcin, Poland, in any case no later than 14 days from the day on which they informed the Seller of the withdrawal from the Agreement.
The deadline shall be considered met if the Product is sent back before the end of the 14-day period.
The Seller may withhold the refund until they have received the Product or until the Customer provides proof of its return.
6.5. The direct cost of returning the Product to the Seller shall be borne by the Customer.
If the Product, due to its nature, cannot be returned by regular mail, the cost of return is estimated at a maximum of 100 PLN.
The Seller shall not reimburse the cost of returning the Product via a method other than regular postal mail.
6.6. The Customer is only responsible for a decrease in the value of the Product resulting from using it in a way other than what is necessary to determine the nature, features, and functioning of the Product.
6.7. The right to withdraw from the Agreement does not apply to the Customer in the case of contracts in which the subject of the service is a non-prefabricated item, manufactured according to the Customer’s specification or serving to satisfy their individual needs.
7. PERSONAL DATA
7.1. Detailed rules for the protection of Clients' personal data are included in the Privacy Policy, which constitutes an integral part of these Terms and Conditions.
8. FINAL PROVISIONS
8.1. The Client may at any time obtain uninterrupted access to the Terms and Conditions via the Seller’s online Store, in a form that allows for downloading, saving, and printing them.
8.2. The Seller uses cookies to observe how the Store is used. Details about the cookies used are included in the Privacy Policy, which constitutes an integral part of these Terms and Conditions.
8.3. The parties agree that all disputes related to the services provided by the Seller shall be resolved by the competent common courts of Poland.
The Seller does not consent to using out-of-court dispute resolution systems in consumer matters.
8.4. In matters not regulated in the Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular the Civil Code Act of April 23, 1964 (consolidated text: Journal of Laws of 2024, item 1061 and 1237, as amended).
Pursuant to Article 6 of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on April 11, 1980, the Parties exclude the application of this Convention to contracts concluded on the basis of these Terms and Conditions.
8.5. When placing an Order, the Seller provides the Client with, and makes available in the Store, content protected by intellectual property rights, in particular works protected by copyright (such as content shared during Order processing, content published in the Store, layout, graphics, photographs, etc.) as well as trademarks. The Client and the Store user undertake to respect intellectual property rights (including moral and economic copyrights as well as industrial property rights, such as rights arising from trademark registration) held by the Seller and by third parties. The Store user and any person visiting the Store’s website bear sole responsibility for non-compliance with the provisions of this section.
8.6. The Seller reserves the right to amend the Terms and Conditions for important reasons. All Sales Agreements concluded before the effective date of the new Terms and Conditions shall be executed in accordance with the Terms and Conditions valid on the date the Sales Agreement was concluded. The amendment to the Terms and Conditions enters into force 7 days after its publication on the Seller’s website.
The Terms and Conditions are effective as of April 23, 2025.
WITHDRAWAL FORM*
Place and date: ………………………………………………………………………………………………
I ……………………………………………………………………………… hereby inform that I withdraw from the agreement concluded with DEMI POLAND - Nowak, Skrodzki Sp.k. with its registered office in Straszęcin, ul. Inwestycyjna 5, 39-218 Straszęcin, Poland concerning the following product/products:
1. ……………………………………………………………………………………………
2. ……………………………………………………………………………………………
3. ……………………………………………………………………………………………
4. ……………………………………………………………………………………………
5. ……………………………………………………………………………………………
and order number: ………………………………………………………………………
Customer’s first and last name: …………………………………………………………
Customer’s address: ……………………………………………………………………………
……………………………………
[signature]
*this form should be completed and sent only if you wish to withdraw from the agreement