Terms & Conditions

TERMS AND CONDITIONS OF WALL-BEING ONLINE SHOP
(hereinafter the “T&Cs”)

§1. General provisions

  1. The T&Cs define the rules relating to purchases made by means of distance communication in the online store available at www.wallbeing.com (hereinafter: the “Shop”).
  2. The Shop is managed by Katarzyna Głogowska, carrying out business under the name: wall-being Katarzyna Głogowska, and address: ul. Świętosławska 9/3, 61-840 Poznań, Tax Identification Number (NIP): PL7781360813, Statistical Identification Number (REGON): 639645676, telephone: +48 577 200 455 (hereinafter: the “Seller”).
  3. The Shop’s customer may be a natural person of full legal age, a legal person and an organizational unit with no legal personality that has been awarded legal capacity (hereinafter: the “Client”). The Shop’s customer may be, in particular a consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws Dz.U. of 1964, No. 16, item 93 as amended; hereinafter: “Civil Code”), i.e. a natural person who enters into a legal transaction with an entrepreneur for purposes that are not directly related to his or her business or professional activity (hereinafter: the “Consumer”).
  4. The provisions of the T&Cs that apply to Consumers, especially §6 and §7, will also apply to entrepreneurs who are natural persons and conclude an agreement that is directly connected with their economic activity, but the content of the agreement clearly shows that the agreement is not of a professional nature for these entrepreneurs, which stems in particular from the scope of their business activity (hereinafter: the “Consumer-Entrepreneur”).
  5. The customer may access the T&Cs at any time via the link available on the Shop’s main website: www.wallbeing.com as well as download and print them.
  6. The use of the Shop is possible once the following technical requirements have been fulfilled by a customer who has to have:
    1. access to a device connected to the Internet;
    2. a correctly set up web internet browser: Internet Explorer 7, FireFox 3, Opera 9, Chrome 10 or their newer versions;
    3. a minimum screen resolution of 320px;
    4. an active e-mail account.
  7. The Seller uses cookie files to collect information related to the Shop’s operation in order to maintain a session after a Client logs in, without the need to log back into the Shop’s each individual subpage, and in order to generate statistics of the traffic to the Shop’s subpages. The Client’s browser must accept certain cookie files in order to proceed with making purchases through the Shop, as indicated in § 8 below.

§2 Registration in the Shop

  1. A Client may use the Shop:
    1. after registering an account in the Shop by filling out a registration form with personal data indicated as mandatory, creating a Client’s account with a login and a password, and after accepting the T&Cs of the Shop. The information entered on the registration form should only refer to the Client and be true;
    2. as a “Guest” – an unregistered customer, after filling in the form required for processing an order and after accepting the T&Cs of the Shop.
  2. Any personal data provided by the Client to the Seller are provided voluntarily, with the reservation that if any data, which are indicated in the registration form as mandatory, are not provided, this will prevent the registration and creation of an account, or the processing of an order for unregistered customers.
  3. The Seller will not transfer, sell or lend the collected personal data of the Clients to other persons or institutions, unless expressly permitted by the Client or at the Client’s request, in accordance with applicable laws or at the request of a court, the public prosecutor’s office, the Police or another authority in the event of a breach of law by the Client.
  4. A registered Client is obliged to notify the Seller from time to time about all changes of his or her email address or delivery address/addresses by updating the data in the “My Account” section so that any subsequent order can be correctly processed.
  5. A Client may at any time terminate his or her account in the Shop by sending an empty e-mail titled “Account deletion”, sent from the address used when setting up the account. The account and any data associated with it will be permanently and irrevocably deleted from the Seller’s database within 7 business days. Once they are deleted, the Client receives a confirmation of the account’s deletion.

§3 Purchase of products

  1. The presentation of products in the Shop, in particular their descriptions, technical and operational parameters and prices shall be considered as an invitation to conclude an agreement and shall not be considered as an offer within the meaning of the Civil Code.
  2. All prices of products presented in the Shop are provided in Polish zloty (PLN). The prices include VAT (gross prices).
  3. A purchase in the Store is made by submitting an order.
  4. Purchasing products presented in the Shop is subject to the conditions applicable at the time the order is submitted, in particular as regards the price and the T&Cs applicable at the time the order is submitted. Once the Client receives an electronic confirmation that the order was accepted, the price of the purchased product will not change regardless of price changes in the Shop.
  5. The Seller may generate discount codes which will be made available to the Clients for promotional purposes. The discount codes generated by the Seller may be used for all or for selected products available in the Shop.
  6. The discount codes can be used only once within the term indicated in the electronic message or the leaflet with the discount code which the Client receives. The use of the discount code by the Client causes a reduction in the price of purchased products by an appropriate percentage as indicated in the message containing the discount code that the Client received. The discount code cannot be exchanged for cash.
  7. The order is submitted by:
    1. registering on the Shop’s website, logging in to the Client’s account or filling in the form for unregistered customers - in accordance with the terms set out in §2,
    2. choosing an appropriate product and its quantity and adding it to the basket,
    3. choosing the payment method and delivery method,
    4. clicking the “I buy and pay” button”.
  8. The cost of delivery is added to the price of the product, as selected by the Client. The Client receives information on the delivery costs before the method of delivery is selected.
  9. While the order is being submitted, the Client can modify the entered data and the selected products until the “I buy and pay” button is pressed. The Client should follow the messages displayed and the information available on the Shop’s website. Submitted orders can be cancelled or changed in line with section 14 below.
  10. By submitting an order in the Shop, a natural person, who places the order on behalf of a legal person or an organizational unit with no legal personality that has been awarded legal capacity, declares that he or she is entitled to represent such legal entity or organizational unit.
  11. After the submission of the order has been confirmed, the Client receives an electronic confirmation of the order’s receipt. Once the Client obtains such an electronic confirmation of the order, a sales agreement is concluded between the Client and the Seller.
  12. The sales agreement is concluded in Polish, and its content complies with the rules set out in the T&Cs.
  13. The order processing time is indicated for each individual product. It is the time from the moment the payment has been credited to the Seller’s bank account or the moment of submitting the order when the payment upon delivery option has been selected, until the moment the ordered products are sent out for delivery – this time is expressed in business days. The products with different order processing times are sent after the entire order has been completed, i.e. after the lapse of the longest processing time.
  14. A submitted order can be cancelled or changed, i.e. through a change of submitted personal data or details of the order (number and type of products). The Client can do this until the ordered products have been sent out for delivery, by sending an e-mail to the Shop’s contact address. This does not preclude the Client’s right to withdraw from the agreement, as set out in §7 below.
  15. The Seller will confirm the acceptance of the order, and after the relevant payment has been made the Seller will confirm the conclusion of a distance agreement.
  16. The Seller issues VAT invoices or cash register receipts. The proof of purchase (receipt or invoice) is added to the package. Any mistakes in the data included in the VAT invoice should be reported within 7 days from receiving the invoice.
  17. The Seller undertakes to ensure that the information on the availability of the presented products is up-to-date. If the ordered product is not available, the Client will be informed about this by electronic means. In such a case, the Parties will agree on further steps (e.g. a longer processing period, a partial realization of the order, cancellation of the order, etc.).

§4 Payments

  1. The Client may choose one of the following forms of payment for the ordered products:
    1. cash payment on delivery – only applicable to orders with a value lower than 250 PLN – payment to the delivery person upon delivery of the products, available for Polish orders;
    2. bank transfer to the Seller’s bank account, as indicated on the order confirmation available for Polish orders;
    3. bank transfer, BLIK, deferred payment with PayPo, or card payment through the Przelewy24 payment system, operated by the company PayPro S.A., with its registered office in Poznań available for Polish orders;
    4. card payment through the Przelewy24 payment system, operated by the company PayPro S.A., with its registered office in Poznań available for Polish and foreign orders;
    5. payment with a gift card issued by the Seller.
  2. The method of payment is selected by the Client during order submission.
  3. Payment by bank transfer without the mediation of an online payment system (Przelewy24) should be made within 3 calendar days from the receipt of the electronic order confirmation by the Client. If the payment is not made within the abovementioned time, the order is automatically canceled and the agreement between the Client and the Seller is automatically terminated.
  4. All and any information necessary to make a bank transfer provided by the Client during payment for the ordered products through the entity, referred to in section 1, letter c) above, are transmitted via and within the infrastructure of the abovementioned entity using its secure technologies. The Seller has no access to the abovementioned information, in particular no access to credit card numbers or CVV and CVC codes.
  5. A gift card is an electronic voucher that entitles the bearer of the voucher to make individual or multiple purchases in the Shop. Each gift card bears information on its nominal value and expiration date.
  6. Gift cards can be purchased in the same way as products using the Client’s account. A gift card is delivered by sending its electronic version to the Client’s e-mail address. The gift card is not personal and may be given to another person, who may use it as a Client.
  7. Gift cards can be distributed to Clients by the Seller or third parties as gifts or prizes in competitions.
  8. A gift card may be used by the Client to pay for ordered products up to the nominal value of the gift card by filling out a dedicated box in the order form with the code indicated on the gift card.
  9. A gift card may be used by the Client no later than on the last day of the expiry date indicated on the card.
  10. A gift card may be used multiple times only to pay for products of a lower than the nominal value of the gift card. In such a situation, the Client is not entitled to a refund of the unused part of the gift card’s nominal value. However, the Client will be able to use the remaining part of the unspent nominal value to pay for other products.
  11. A gift card cannot be exchanged for cash.
  12. Whenever a withdrawal from a sales agreement takes place in the case of a payment made using a gift card, the Client is entitled to a return of a gift card with a nominal value amounting to the nominal value of the card originally used. When the payment was made for products with a lower value than the nominal value of the of the gift card, the Client will obtain a new gift card with a nominal value equal to the value of the product that is subject to withdrawal. The Client is not entitled to receive a payment in cash in this regard.

§5 Delivery

  1. The available methods of delivery of ordered products are: delivery by courier, delivery via the automated parcel delivery machine InPost Paczkomaty 24/7, or delivery by post.
  2. The Shop may send goods outside the territory of Poland. However, in such a case the delivery will be made by courier.
  3. Products are delivered to the address indicated by the Client during order submission. In case the InPost Paczkomaty 24/7 method of delivery is chosen, the products will be delivered to the address of the Paczkomat machine chosen by the Client during order submission.
  4. The method of delivery is selected by the Client during order submission. The time of delivery is directly dependent on the method of delivery chosen by the Client.
  5. The delivery costs will be added to the order in accordance with the delivery price list applicable at the day of order submission. The delivery prices and the list of current delivery companies cooperating with the Seller on providing courier deliveries is available on the following subpage of the Shop's website https://wallbeing.com/en/content/8-shipping.
  6. The Seller proceeds with the delivery of the ordered product after the Client’s payment for the ordered product has been credited to the Seller’s bank account.
  7. Deliveries made by courier take place on business days between 10.00 a.m. and 5.00 p.m. Deliveries at other times are made at the Client’s request and may involve an additional fee – in such cases, the requested hours of product delivery should be clearly indicated in the “Your comments” box during order submission. The Client will be informed about any additional charges in the order confirmation.

§6 Complaints

  1. The Seller supplies Clients with products that are in conformity with the sales agreement.
  2. The Seller is responsible to Clients who are Consumers and Consumer-Entrepreneurs for any incompatibility of the ordered products with the sales agreement existing at the moment of the product’s delivery to the Client and identified within 2 years from thClientis moment in accordance with the provisions of the act of 30 May 2014 on consumer rights (Journal of Laws Dz.U. of 2014, item 827, as amended; hereinafter: “Consumer Rights Act”), and in particular its Chapter 5a (Articles 43a-43g).
  3. In the case of agreements concluded with Clients who are not Consumers or Consumer-Entrepreneurs, the Seller’s liability under statutory implied warranty (for defects) is excluded on the basis of Article 558 § 1 of the Civil Code.
  4. In order to speed up the processing of complaints it is recommended for the Client to provide the following:
    1. the description of the identified defect and the date when it was identified;
    2. which of the rights foreseen by the Consumer Rights Act the Client would like to exercise;
    3. the contact data of the Client that the Seller should use for the reply;
    4. the proof of purchase of the product subject to the Client’s complaint (e.g. a copy of the receipt or invoice, a payment card slip) – this element is necessary for the complaint to be reviewed.
  5. A complaint may be submitted by the Client in any form. However, the written form is preferable for complaints and so is sending them to the Seller’s place of business or by electronic means at the e-mail address info@wallbeing.com. The Client has the possibility of sending photographic documentation of the product subject to the complaint to the Seller’s e-mail address.
  6. The claims referred to above may be submitted with the help of the Complaint Form enclosed as Appendix No. 1 to the T&Cs. Appendix No. 1 to the T&Cs is only a sample of a complaint submission and is not binding on the Client.
  7. The Seller shall review complaints concerning products within 14 days and always informs the Client by e-mail how the complaint will be handled Client.
  8. Since 15.02.2016, a Consumer is also entitled to use out-of-court methods of resolving complaints and pursue claims by means of the ODR platform (available under: http://ec.europa.eu/consumers/odr/) in accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
  9. Complaints can also concern the functioning of the Shop itself. The Seller will take steps to ensure that the Shop is properly operating to the extent foreseen by current technical knowledge and undertakes to remove, within a reasonable term, any irregularities reported by the Clients.
  10. In the complaint foreseen in section 9, the Client should provide his name, mailing address, the order’s number, description of the type and date of irregularity related to the functioning of the Shop.
  11. The Seller undertakes to review every complaint related to the operation of the Shop, as foreseen in section 9, within 14 days from its receipt and to send back information on the complaint’s resolution to the Client's address indicated on the registration form.

§7 Withdrawal from the agreement

  1. A Client, who is a Consumer or Consumer-Entrepreneur, that entered into a distance agreement with the Seller may, in accordance with the provisions of the Consumer Rights Act, withdraw from the agreement without having to provide a reason by way of a written declaration, within 14 days from the delivery of the product to the Client. Sending a declaration before the lapse of the term will be sufficient to meet the above deadline.
  2. The right of withdrawal, referred to in section 1 above, can be executed by way of the Declaration of Withdrawal, enclosed as Appendix No. 2 to the T&Cs. Appendix No. 2 is only a sample declaration of withdrawal and is not binding upon the Client. In any case, the withdrawal must be made in writing.
  3. In the event Client of a withdrawal from an agreement, the agreement shall be deemed to not have been concluded, and the Parties shall immediately mutually return the provided performances and payments.
  4. The Seller shall, without undue delay but no later than within 14 days from the receipt of the Consumer’s declaration of withdrawal, return all the amounts paid by the Consumer, including the costs of delivery, to the Consumer’s bank account.
  5. The Consumer shall, without undue delay but no later than within 14 days from the day the withdrawal from the agreement was made, return the product to the Seller. The Consumer shall only pay the direct costs of return of the product.
  6. The Client is obliged to return the product in an unaltered state. The Client is obliged to secure the delivery in accordance with the standards applied by the Shop in a manner that protects the products from damage (tubes, boxes, fillers).
  7. If the Consumer selected a delivery method other than the standard, cheapest one offered by the Shop, the Seller will not be obliged to reimburse to the Consumer the additionally incurred costs.
  8. The Consumer bears responsibility for the reduction in the product’s value resulting from it being used in a way that exceeds the use required to determine the nature, features and functioning of the product.

§8 Personal data protection and cookie policy

  1. The Seller is the controller of data collected by means of the Shop (hereinafter: “Controller”). Data protection is carried out in accordance with the requirements of generally applicable laws and regulations, including in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: “GDPR”).
  2. The Controller applies appropriate technical and organisational measures to ensure the protection of the processed personal data, in particular by protecting personal data from unauthorized disclosure, loss and destruction. The communication between the Shop and the Clients is protected through an SSL encryption protocol on pages containing personal data.
  3. The Client’s personal data are processed by the Controller on the basis of:
    - Article 6(1), point a) GDPR for maintaining an account in the Shop, which is used to place orders,
    - Article 6(1), point b) for processing submitted orders,
    - Article 6(1), point c) when processing data is necessary to fulfil requirements set out by statutory provisions concerning data retention periods, including the obligations stemming from e.g. Article 74 of the act of 29 September 1994 on accounting (Journal of Laws Dz.U. No 121, item 591 as amended).
  4. The Client’s personal data are processed by the Controller in order to realize and promote the Shop’s services, and in particular for:
    1. the conclusion and the realization of the sales agreement (submitting and processing orders),
    2. registering and managing accounts,
    3. carrying out transactions,
    4. issuing invoices,
    5. customer service,
    6. reviewing complaints and managing returns,
    7. adjusting advertising in accordance with previously viewed content,
    8. carrying out tests and analyses of the Shop with respect to among others the functioning of the platform,
    9. direct marketing of products and services provided by the Controller, including above all providing the voluntary and free newsletter containing commercial and marketing information, as defined by the act of 18 July 2002 on providing services by electronic means (Journal of Laws Dz. U. No. 144, item 1204 as amended),
    10. running promotional campaigns, loyalty programs and competitions,
    11. clarifying the circumstances of unauthorized use of the services provided by the Controller,
    12. meeting obligations stemming directly from the provisions of law in force.
  5. The above means that the Controller transfers the data of the Client to external entities that provide support in the process of concluding and realizing the sales agreement, including especially undertakings providing courier services, internet hosting services for the Shop, analytical services, data storage services, retargeting services, and affiliation services, and entities that mediate in payment settlement processes. In such cases, these entities are not authorized to use the data on their own behalf but only for the needs of the Controller and the Shop.
  6. The Controller may provide data to third parties in anonymized form, which does not allow to identify a specific Client but helps to improve the content of the advertising displayed in the Shop, to adjust advertising and to reach the Client outside the Shop.
  7. The Controller may process personal data in the following scope: name and last name, delivery address, e-mail address, contact telephone number, address of residence (place of business), bank account number. In the case of entrepreneurs, the Controller may additionally process the business name and tax identification number (NIP) of the Client.
  8. The Controller may also process usage data concerning the IP address of the Client’s devices for technical and statistical purposes, and also in order to improve the functionalities of the Shop.
  9. It is necessary for the Client to provide personal data in order to make purchases. Providing personal data is not obligatory but without them purchasing will not be possible. The processing of the above-mentioned data for direct marketing is based on the Client’s prior consent or the fulfilment of legitimate objectives by the Controller.
  10. As regards the processing of personal data based on consent (Article 6(1), point a) GDPR), the data will be processed as long as the consent is not withdrawn by the Client. They Client is entitled to withdraw consent at any time without affecting the legitimacy of the processing that took place before consent was withdrawn.
  11. As regards the processing of personal data carried out on legal bases other than consent (Article 6(1), point b) and Article 6(1), point c) GDPR), the Client’s personal data will be processed throughout the duration of the agreement and after its expiration until the lapse of the statute of limitations of claims resulting from this agreement or the fulfilment of statutory obligations.
  12. The Clients have a right to access their personal data, to request the rectification, erasure of the data or the limitation of their processing, and the right to data portability and to object to the processing of the data.
  13. The Clients have a right to object to data profiling – the Clients may request the Controller to disable the profiling (personalization) of the Shop’s offer and the related marketing activities.
  14. The Clients have a right to file a complaint with the President of the Personal Data Protection Office if they find the processing of their data infringes existing legal provisions.
  15. If Clients exercise their right to access their personal data, to request the rectification, erasure of the data, the right to limit the processing of data, the right to object to their processing, the right to data portability, the right not to be subject to a decision based solely on automated processing – the Clients will be informed without undue delay, but no later than within a month from the Controller’s receipt of a given request, about the actions undertaken in connection with the request.
  16. The user may contact, by electronic means, the person supervising the processing of personal data by the Controller at the e-mail address: info@wallbeing.com
  17. The Controller reserves the right to refuse the erasure of the Client’s personal data if their retention is required under existing legal provisions or it is necessary in order to satisfy claims.
  18. The Controller may process computer data stored in cookie files, including in particular text files that are stored in the end device of the Shop’s user. Cookie files are used for different purposes and can be divided into the following types:
    1. functionality (storing data connected with the forms that are available in the Shop, including in particular the registration form, the ordering form and the shopping basket data),
    2. security (authentication, including the identification of a logged in user, ensuring transaction security),
    3. pesonalization (verifying and adjusting the functionalities and appearance of the Shop in line with the preferences of the visitors),
    4. statistics (generating statistics for the Seller, including in relation to the cooperation with external entities),
    5. advertising (applying display advertising based on Google Analytics for remarketing services. The user may block the Analytics service for display advertising and adjust the advertising in the Google advertising network by means of the Ad Preferences Manager on Google’s website).
    The cookie files belonging to type a) and b) are necessary to make use of all the functionalities of the Shop. They do collect and store the following personal data connected with the Client: name, surname, encrypted password, the e-mail address connected with the Client’s account.
  19. Visitors of the Shop’s website have a right not to accept the use of cookie files. In such cases, some of the Shop’s functionalities may only be available on a limited basis. The visitor has a possibility to express a lack of such consent by e.g. disabling the storing of cookie files in the settings of the internet browser.

§9 Intellectual property

It is not permitted to use any materials published on the Shop’s website (including photos, reproductions and descriptions of products) without the Seller’s written consent. All rights to the Shop, in particular the copyright to the Shop’s graphic design, intellectual property rights, rights to the Shop’s name, domain, logos are the property of the Seller, and may only be used in a manner that is specified and allowed by the T&Cs or on the basis of the Seller’s written consent.

§10 Newsletter

  1. The Client may agree to receive commercial and marketing information by electronic means by marking an appropriate option in the registration form or at a later time on a dedicated subpage in the footer of the website. If such consent is given, the Client will receive the Shop’s information (Newsletter) and other commercial information of the Seller to the indicated e-mail address.
  2. The Client may at any time resign from the Newsletter on his or her own by Clientclicking an appropriate link that can be found in the content of each Newsletter or by sending an e-mail to info@wallbeing.com.

§11 Final provisions

  1. In cases not regulated by the T&Cs, the provisions of Polish law shall apply. For a Client who is a Consumer residing in any member state of European Union, any binding statutory regulations of the state, which is the Client’s normal place of residence, remain applicable.
  2. Any disputes arising between the Seller and the Client shall be submitted to the jurisdiction of the competent courts in accordance with the relevant provisions of the act of 17 November 1964 – Code of Civil Procedure (Journal of Laws Dz.U. No. 43, item 296, as amended). A Client who is a Consumer residing in any Member State of European Union may bring proceedings against the Seller in connection with the agreement either before courts in Poland, the Seller’s state of residence, or before the courts having jurisdiction over the Consumer’s place of residence.
  3. The Client is obliged to read the T&Cs and confirm that he or she accepts the provisions stated therein when submitting the order.
  4. The Client has the right to download the T&Cs from the Shop's website as a pdf file and save it on his own data carrier.
  5. The Shop has the right to amend the T&Cs. Any amendment to the T&Cs will be communicated on the Shop’s website. In the case of Clients subscribed to the Newsletter or who have an active account in the Shop – in the form of an email. The amended T&Cs will enter into force 14 days after the information is sent to the Clients.
  6. If Clients accept the amendments to the T&Cs no additional action is required from them. However, if Clients do not agree to the changes, they should send an appropriate declaration to the e-mail address info@wallbeing.com. Once the Seller receives such a declaration the Client’s account in the Shop will be deleted. The Client will be informed about the deletion of the account in a separate message.
  7. This version of the T&Cs is a translation of the Polish version into English. In the case of conflict or discrepancy between the Polish and English versions, the Polish version shall prevail.

Attachments

Formularz zgłoszenia reklamacji Załącznik nr 1
Formularz oświadczenia o odstąpieniu Załącznik nr 2
Product added to wishlist
Artykuł został usunięty z koszyka