Store regulations
Shop Regulations
REGULATIONS
§1 Definitions
1. Personal Data Administrator:
FUN WIND Paweł Jędrzejewski
ul. Wał Miedzeszyński 377, 03-980 Warsaw
Tax ID: 526-005-22-61, REGON: 002154492
2. Postal address –
FUN WIND ul. Wał Miedzeszyński 377, 03-980 Warsaw
3. Complaint address:
FUN WIND ul. Wał Miedzeszyński 377, 03-980 Warsaw
4. Delivery Price List – a list of available delivery methods and their costs, found at http://funwind.com.pl/pages/platnosc-i-dostawa.
5. Contact details:
FUN WIND
ul. Wał Miedzeszyński 377
03-980 Warsaw
e-mail: sklep@funwind.com.pl
phone: 22 616 03 95
6. Personal data - any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it would require excessive cost, time or effort.
7. Sensitive data - personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health, genetic code, addictions, sexual life, convictions, rulings on punishment and fines, as well as other rulings issued in judicial or administrative proceedings.
8. Delivery - a type of transport service with the carrier and cost specified in the delivery price list available at http://funwind.com.pl/pages/platnosc-i-dostawa
9. Proof of purchase - invoice, bill or receipt issued in accordance with the Act on Tax on Goods and Services of March 11, 2004, as amended, and other relevant legal provisions.
10. Product card - a single subpage of the store containing information about a single product.
11. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.
12. Civil Code - the Civil Code Act of April 23, 1964, as amended.
13. Code of Good Practice - a set of rules of conduct, and in particular ethical and professional standards, referred to in art. 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
14. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
15. Shopping Cart - a list of products compiled from the products offered in the store based on the Buyer's choices.
16. Buyer - both Consumer and Customer.
17. Place of delivery - the postal address or collection point indicated in the order by the Buyer.
18. Time of delivery - the moment when the Buyer or a third party indicated by them for collection takes possession of the item.
19. ODR online platform - an EU online service operating under 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 and available at https://webgate.ec.europa.eu/odr
20. Payment - method of payment for the subject of the contract and delivery listed at http://funwind.com.pl/pages/platnosc-i-dostawa
21. Authorized entity - an entity authorized for out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
22. Privacy Policy - the rules for the processing of personal data of Buyers by the Data Administrator, the rights of Buyers and the obligations of the Data Administrator, available at: http://funwind.com.pl/pages/polityka-prywatnosci
23. Consumer Law - the Consumer Rights Act of May 30, 2014.
24. Product - the minimum and indivisible quantity of goods that can be the subject of an order, and which is given in the Seller's store as a unit of measure when determining its price (price/unit).
25. Subject of the contract - products and delivery that are the subject of the contract.
26. Subject of performance - subject of the contract.
27. Collection point - a place of delivery that is not a postal address, listed in the statement made available by the Seller in the store.
28. UOKiK Register – register of authorized entities maintained by the Office of Competition and Consumer Protection on the basis of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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
30. Item - a movable item that may be or is the subject of the contract.
31. Store - an online service available at http://funwind.com.pl, through which the Buyer can place an order.
32. Seller:
FUN WIND Paweł Jędrzejewski
ul. Wał Miedzeszyński 377 03-980 Warsaw
Tax ID: 526-005-22-61, National Business Registry Number (REGON): 002154492
registered and visible in the CEIDG register at:
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=86d97b34-9d4c-4032-8697-768753...
BANK ACCOUNT: Bank Pekao S.A.: 27 1950 0001 2006 0851 8675 0002
33. System - a set of interacting IT devices and software, ensuring the processing and storage, as well as sending and receiving data through telecommunication networks using a terminal device appropriate for the given type of network, commonly referred to as the Internet.
34. Lead time - the number of hours or business days specified on the product card.
35. Agreement - an agreement concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014, in the case of Consumers, and a sales agreement within the meaning of Article 535 of the Civil Code Act of April 23, 1964, in the case of Buyers.
36. Defect - both a physical defect and a legal defect.
37. Physical defect - non-conformity of the sold item with the contract, and in particular if the item:
a. does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
b. does not have properties about the existence of which the Seller assured the Consumer,
c. is not suitable for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections as to such intended use;
d. was delivered to the Consumer in an incomplete state;
e. in case of incorrect assembly and startup, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
f. does not have the properties assured by the manufacturer or their representative or a person who introduces the item into circulation as part of their business activity and a person who, by placing their name, trademark or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller was unaware of these assurances, nor, reasonably assessing, could they have been aware, or they could not have influenced the Consumer's decision to conclude the contract, or their content was corrected before concluding the contract.
38. Legal defect - a situation where the sold item is the property of a third party or is encumbered with a right of a third party, and also if the restriction in using or disposing of the item results from a decision or ruling of a competent authority.
39. Order - the Buyer's declaration of will made via the store, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery, the Buyer's data, and directly aiming at concluding an agreement between the Buyer and the Seller.
§2 General conditions
1. The agreement is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of delivery must be located within the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list.
5. All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e., a deadline specified in days ends at the expiry of the last day, and if the beginning of a deadline specified in days is a certain event, the day on which that event occurred is not included in the calculation of the deadline.
6. Confirmation, sharing, recording, and securing of all essential provisions of the agreement for future access to this information shall take place in the form of:
a. order confirmation by sending to the indicated email address: the order, a pro forma invoice, information about the right of withdrawal, these regulations in pdf format, a model withdrawal form in pdf format, links for self-download of the regulations and model withdrawal form;
b. attaching to the fulfilled order, sent to the indicated place of delivery, printed copies of: proof of purchase, information about the right of withdrawal, these regulations, a model withdrawal form.
7. The Seller informs about known guarantees granted by third parties for products in the store.
8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs to the extent resulting from the agreement concluded with a third party providing a specific service enabling distance communication.
9. The Seller ensures the Buyer using the system that the store functions correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, to ensure full functionality of sklep.pl, all of them should be disabled.
10. The Buyer may use the option to save their data by the store to facilitate the process of placing subsequent orders. For this purpose, the Buyer should provide a login and password, necessary to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer has the option to view, correct, update data and delete the account in the store at any time.
11. The Seller adheres to the code of good practice.
12. The Buyer is obliged to:
a. not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory content, or content infringing personal rights and other rights of third parties,
b. use the store in a way that does not disrupt its functioning, in particular by using specific software or devices,
c. not undertake actions such as: sending or placing unsolicited commercial information (spam) within the store,
d. use the store in a way that is not burdensome for other Buyers or the Seller,
e. use all content placed within the store only for their own personal use,
f. use the store in a manner consistent with the provisions of the law applicable in the territory of the Republic of Poland, the provisions of the regulations, and also with the general rules of netiquette.
§3 Conclusion and execution of the contract
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:
a. adding a product to the cart;
b. choosing the type of delivery;
c. choosing the type of payment;
d. choosing the place of delivery;
e. placing an order in the store by using the "Place order" button.
3. The agreement with the Consumer is concluded at the moment of placing the order.
4. The Consumer's order paid on delivery is processed immediately, and an order paid by bank transfer or through an electronic payment system is processed after the Consumer's payment is credited to the Seller's account, which should occur within 3 days from the date of placing the order, unless the Consumer was unable to fulfill the performance through no fault of their own and informed the Seller about it.
5. The agreement with the Customer is concluded at the moment the Seller accepts the order, of which the Seller informs the Customer within 48 hours of placing the order.
6. The Customer's order paid on delivery is processed immediately after the conclusion of the agreement, and an order paid by bank transfer or through an electronic payment system is processed after the conclusion of the agreement and the crediting of the Customer's payment to the Seller's account.
7. The execution of a Customer's order may be conditional on the payment of the whole or part of the order value, or on obtaining a trade credit limit at least equal to the order value, or on the Seller's consent to ship the order cash on delivery (payment upon receipt).
8. The subject of the agreement shall be dispatched within the period specified on the product card, and for orders consisting of multiple products, within the longest period specified on the product cards. The period begins at the moment the order is processed.
9. The purchased subject of the contract, along with the sales document selected by the Buyer, is shipped by the delivery method chosen by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.
§4 Right of withdrawal
1. The Consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Law.
2. The period for withdrawal from a distance contract is 14 days from the moment of delivery of the item, and it is sufficient to send the statement before its expiry.
3. The Consumer may submit a statement of withdrawal from the contract on the form, the model of which is Appendix No. 2 to the Consumer Law, on the form available at
https://funwind.com.pl/pages/zwroty-i-reklamacje or in another form consistent with the Consumer Law.
4. The Seller shall immediately confirm to the Consumer via e-mail (provided when concluding the agreement and another if specified in the submitted statement) the receipt of the statement of withdrawal from the agreement.
5. In case of withdrawal from the agreement, the agreement is considered not concluded.
6. The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which they withdrew from the agreement. It is sufficient to send the item back before the deadline.
7. The Consumer returns the items that are the subject of the contract from which they withdrew at their own expense.
8. The Consumer does not bear the costs of supplying digital content not stored on a tangible medium, if they did not consent to the performance before the expiry of the withdrawal period or were not informed about losing their right of withdrawal at the time of giving such consent, or if the entrepreneur did not provide confirmation in accordance with Art. 15 section 1 and Art. 21 section 1 of the Consumer Law.
9. The Consumer is responsible for any diminished value of the item that is the subject of the contract resulting from its use beyond what is necessary to establish its nature, characteristics, and functioning.
10. The Seller shall immediately, no later than 14 days from the date of receiving the Consumer's statement of withdrawal from the agreement, refund to the Consumer all payments made by them, including the costs of delivering the item to the Consumer, and if the Consumer chose a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not refund additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
11. The Seller shall refund the payment using the same payment method as used by the Consumer, unless the Consumer explicitly agreed to a different payment method that does not incur any costs for them.
12. The Seller may withhold the refund of payment received from the Consumer until the item is returned or the Consumer provides proof of its return, whichever occurs first.
13. According to Article 38 of the Consumer Law, the Consumer does not have the right to withdraw from a contract:
a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;
b. in which the subject of the performance is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualized needs;
c. in which the subject of the performance is an item that deteriorates quickly or has a short shelf life;
d. in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
e. in which the subject of the performance are items that, after delivery, due to their nature, become inseparably combined with other items;
f. in which the subject of the performance are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
g. for the supply of digital content that is not stored on a tangible medium, if the performance began with the Consumer's express consent before the expiry of the withdrawal period and after the entrepreneur informed them about the loss of the right of withdrawal;
h. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
§5 Warranty
1. The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability towards Customers for physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms specified in Article 556 of the Civil Code and subsequent articles for defects (warranty).
3. In the case of an agreement with a Consumer, if a physical defect is found before the expiry of one year from the moment the item is delivered, it is presumed that it existed at the time the risk passed to the Consumer.
4. If the sold item has a defect, the Consumer may:
a. submit a statement requesting a price reduction;
b. submit a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect.
5. The Consumer may, instead of the defect removal proposed by the Seller, demand the replacement of the item with a defect-free one, or instead of the replacement of the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would entail excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the defect-free item, the type and significance of the defect found, and the inconveniences that another method of satisfaction would cause the Consumer are taken into account.
6. The Consumer may not withdraw from the contract if the defect is insignificant.
7. If the sold item has a defect, the Consumer may also:
a. demand replacement of the item with a defect-free one;
b. demand removal of the defect.
8. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Seller may refuse to comply with the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would entail excessive costs compared to the other possible way of bringing it into conformity with the contract.
10. If the defective item has been installed, the Consumer may demand from the Seller its dismantling and reassembly after replacement with a defect-free one or removal of the defect, but is obliged to bear a part of the related costs exceeding the price of the sold item, or may demand from the Seller payment of a part of the dismantling and reassembly costs, up to the price of the sold item. In the event of non-performance by the Seller, the Consumer is authorized to perform these actions at the Seller's cost and risk.
11. A Consumer exercising warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if, due to the nature of the item or its method of installation, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of non-performance by the Seller, the Consumer is authorized to return the item at the Seller's cost and risk.
12. The costs of replacement or repair are borne by the Seller, with the exception of the situation described in §5 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a defect-free one or withdrawal from the contract.
14. The Seller shall respond within fourteen days to statements based on Article 5615 of the Civil Code: statements demanding a price reduction, demands for replacement of the item with a defect-free one, demands for removal of a defect. The Seller shall respond within thirty days (Article 7a of consumer law) to any other statement of the Consumer for which the fourteen-day period specified in the Civil Code does not apply.
Otherwise, it is deemed that the Seller has accepted the Consumer's statement or demand as justified.
15. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer.
16. The Consumer's claim for removal of a defect or replacement of the sold item with a defect-free one expires after one year, counting from the date the defect was discovered, but no earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, before the expiry of one year from the date of delivery of the item to the Consumer.
17. In the event that the period of fitness for use of the item specified by the Seller or manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of that item found before the expiry of that period.
18. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or price reduction due to a physical defect of the sold item, and if the Consumer demanded replacement of the item with a defect-free one or removal of the defect, the running of the period for submitting a statement of withdrawal from the contract or price reduction begins upon the unsuccessful expiry of the period for replacement of the item or removal of the defect.
19. In the event of pursuing one of the warranty rights before a court or an arbitration court, the deadline for exercising other rights accruing to the Consumer under this title shall be suspended until the final conclusion of the proceedings. This also applies accordingly to mediation proceedings, with the deadline for exercising other warranty rights accruing to the Consumer beginning to run from the date the court refuses to approve the settlement concluded before the mediator or the unsuccessful conclusion of mediation.
20. For exercising rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, with the proviso that the running of the period begins from the day on which the Consumer became aware of the existence of the defect, and if the Consumer became aware of the existence of the defect only as a result of a third party's lawsuit - from the day on which the judgment issued in the dispute with the third party became final.
21. If, due to a defect in the item, the Consumer submitted a statement of withdrawal from the contract or price reduction, they may demand compensation for the damage they suffered by entering into the contract, not knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular, they may demand reimbursement of the costs of concluding the contract, costs of collection, transport, storage and insurance of the item, reimbursement of incurred expenses to the extent that they did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of legal costs. This does not prejudice the provisions on the obligation to compensate for damage on general principles.
22. The expiry of any deadline for discovering a defect does not exclude the exercise of warranty rights if the Seller fraudulently concealed the defect.
23. The Seller, if obliged to provide a service or financial benefit to the Consumer, will perform it without undue delay, no later than within the period provided for by law.
§6 Privacy policy and personal data security
1. The Personal Data Administrator is responsible for the lawful processing of personal data, and the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to their personal data.
2. The Personal Data Administrator processes the personal data of Buyers based on their consent and in connection with the legitimate interests of the Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent justified by contractual or legal obligation.
4. The Buyer's consent to the processing of personal data is voluntary, and consent to data processing for a specific purpose can be withdrawn at any time.
5. For the purpose of fulfilling the Buyer's order, the following personal data are collected:
a. postal address - necessary for issuing proof of purchase;
b. place of item release - necessary for addressing the shipment;
c. e-mail - necessary for communication related to order fulfillment;
d. phone number - necessary in case of choosing certain types of delivery.
6. Detailed solutions regarding personal data protection related to placing an order, as well as using the store before and after placing an order, are contained in the privacy policy.
§7 Final provisions
1. None of the provisions of these regulations are intended to violate the rights of the Buyer. It cannot be interpreted in this way either, because in case of inconsistency of any part of the regulations with applicable law, the Seller declares absolute subordination and application of that law instead of the challenged provision of the regulations.
2. Registered Buyers will be notified of changes to the regulations and their scope electronically (to the e-mail address provided during registration or order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the current legal status.
3. The current version of the regulations is always available to the Buyer in the regulations tab (http://funwind.com.pl/pages/regulamin-sklepu). During order fulfillment and throughout the entire after-sales service period, the Buyer is bound by the regulations accepted by them when placing the order. Except for situations where the Consumer considers it less favorable than the current one and informs the Seller of the choice of the current one as binding.
4. In matters not regulated by these regulations, relevant applicable legal provisions apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or a process before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and legal methods of pre-trial or out-of-court dispute resolution, e.g., through the EU ODR online platform or by choosing any authorized entity from those listed in the UOKiK register. The Seller declares the intention and agrees to out-of-court resolution of consumer disputes.
Ultimately, the case is decided by the competent court for the place and subject matter.