TERMS AND CONDITIONS

1. The webshop available under www.winderen.com (hereinafter referred to as the “Shop”) is run by Winderen Sp. z o.o. with its registered office in Zamość, ul. Młyńska 27, registered in the National Court Register kept by the District Court in Lublin-East in Lublin with its registered office in Świdnik, 6th Commercial Division of the National Court Register under KRS number 0000283434 and registered as a VAT payer under NIP (Tax Identification Number) 527-255-05-27 and REGON (statistical number) 141049296, hereinafter referred to as “Winderen”.

2. The object of the Shop’s activity is the sales of horse-riding equipment. A detailed list of products along with unit prices is available on the Shop’s website.

3. Information about the products provided on the Shop’s website, especially descriptions, technical and performance parameters and their prices, constitute an invitation to enter into an agreement but not an offer within the meaning of Article 71 of the Polish Civil Code.

4. The prices on the website include VAT and are given in PLN, EUR and USD. The binding price for the Buyer and for Winderen is the price indicated on the website during the placement of the order, on condition that it has been confirmed in the order confirmation.

5. The prices listed on the website are valid only for online offers.

6. An order in the Shop may be placed by any natural person with full legal capacity and with permanent or temporary residence in Poland as well as any legal person and organisational unit with its seat in Poland, hereinafter referred to as the “Customer”. Natural and legal persons with permanent or temporary residence in EU-member states have the same rights.

7. The Customer is kept up-to-date about changes in the prices of goods and services offered on the website.

8. The condition necessary for the completion of the order is that the Customer correctly fills in the online account registration form. We recommend that you set a strong password when creating your Store account (uppercase and lowercase letters, digits, and special characters). A strong password will reduce the likelihood of your account being hacked. Winderen is not responsible for any potential hacking into your account.

9. The sales agreement is entered into when the shop confirms the order. Confirmation is sent by email, within 1 working day or in writing to the address provided by the Customer.

10. The Customer may choose the following forms of payment for the ordered goods:

    1. Internet bank transfer,

    2. Bank transfer to the Winderen shop account,

    3. Payment card.

Transactions made with credit cards and e-transfer are cleared through Dotpay, Paypal Inc. Payments are handled by PayLane sp. z o.o. with its registered office in Gdansk at ul. Norwida 4, post code: 80-280, KRS: 0000227278.

11. The order will be completed on condition that the wares are in stock or at the Shop’s suppliers. In the case that some of the ordered wares are unavailable, the Customer is informed about the status of the order and can make a decision on further proceedings (partial completion, extending the waiting time, cancelling the whole order).

12. If the Customer delays payment for the ordered goods the Shop reserves the right to immediately block the Customer’s rights to make further purchases in the Shop.

13. If the products have an “available on request” status, the date of accepting the order for completion depends on the product’s availability at the supplier’s. In such a case the shop reserves the right to individually set a new delivery date with the Client.

14. A sales document is issued for every order.

15. Each product is accompanied by an order completion time. This is the time from placing the order and making a payment to the Shop’s account (the later date will be valid) until the ordered products from the Shop are sent – only working days are taken into account. Ordered products with different completion times are sent after the whole order is completed, i.e. after the longest of the given times.

16. Goods are delivered to the Customer by a delivery company. The cost of shipping the goods can be seen after adding goods to the basket on the website. Purchased goods are delivered to the address provided by the Customer.

17. Any complaints regarding mechanical damage during transport will be considered only on the basis of a written statement of damage/inconsistency drawn up in the presence of the courier and at their approval. The Customer is obliged to check the package in the presence of the courier and give confirmation of its status. Attention should be paid to the packaging (for possible damage during transportation), and in particular the condition of the tape or seals on the shipment. In case of damage to the shipment, the Customer is obliged to refuse to accept it, write the appropriate damage statement, and immediately contact the Shop to clarify the situation. Checking the package on delivery is a prerequisite for reporting any possible claims for damage or theft of a shipment in transit. In accordance with the applicable shipping law, the consignee who noted the damage after the courier’s departure may report this fact by telephone to the courier.

18. The date of receiving the package is understood as the time of order completion together with the estimated delivery time.

19. Upon delivery of the goods to the Customer, they are entitled to dispose of the item as an owner and the risk of accidental loss or damage passes to them.

20. In the case of an unfounded refusal to accept the package, the ordered products return to the Shop and the Customer will be charged with the delivery cost.

21. In accordance with the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827), the Customer (applies to consumers only) may return (by withdrawing from the contract) the goods purchased in our Shop without providing a reason, by making a statement in writing or by filling in the form available in the enclosure of said Act within 14 days of the date of receipt of the shipment (by e-mail, post or directly in the Shop). The Shop guarantees a refund of the amount equal to the value of the order and shipping costs to the Customer. The money will be returned using the same method of payment as used by the consumer at purchase or otherwise if the consumer expressly agrees to the reimbursement of the costs using a different method which does not expose them to additional costs. The consumer does not have the right to withdraw from an off-premises or distance contract in respect of contracts:

    1. for the provision of services if the trader has performed the service in full with the express consent of the consumer who has been informed prior to the commencement of the service that, upon fulfilment of the service, the consumer loses their right of withdrawal;

    2. where the price or remuneration depends on fluctuations in the financial market over which the trader does not exercise control and which may occur before the expiration of the withdrawal period;

    3. where the subject of the offer is a customised item, manufactured to the consumer’s specifications or to meet their individual needs;

    4. where the subject matter is an object that deteriorates rapidly or has a short expiration date;

    5. where the service is provided for an item delivered in sealed packaging which cannot be returned for health or hygiene reasons if the packaging has been opened after delivery;

    6. where the subject matter is the supply of goods, which, by their nature, are inseparably linked to other objects;

    7. where the consumer has explicitly requested the trader to come to them for urgent repair or maintenance; if the trader also provides other services than those requested by the consumer, or supplies items other than spare parts necessary for repair or maintenance, the consumer shall be entitled to withdraw from the contract for additional services or items.

22. The Customer is obliged to return the item to the Seller promptly, but no later than 14 days after the date of withdrawal from the contract. To meet the deadline, it is sufficient to return the item before its expiration.

23. The Customer is responsible for reducing the value of the item being the subject of the contract and resulting from its use in a way that goes beyond what is necessary to establish the nature, character and function of the item.

24. The Customer returns the item being the subject of the contract, from which they have withdrawn at their own expense and risk.

25. Winderen may withhold the return of the payment on behalf of the Customer until the item is returned back to the Shop.

26. Winderen excludes the possibility of submitting a withdrawal statement other than in written form.

27. The Customer should return the faulty product by post to the following address: Winderen Sp. z o.o., ul. Młyńska 27, 22-400 Zamość, Polska. The Shop does not accept any cash-on-delivery shipments. Returned goods should be accompanied by the reason for the return in writing. All complaints are examined within 14 days upon receiving the package with the returned product by the Shop. If the complaint is justified, the damaged goods will be repaired or replaced with other, fully functioning ones and if this is impossible (for example due to lack of the given goods on the market), the Shop will refund the full price of the product to the Customer or will offer them different goods available in the shop to choose from. Any costs related to shipping the returned goods are returned by the Shop immediately after accepting the complaint.

28. The cost of shipping the used goods are borne by the Customer, unless the complaint is accepted. In such a case the shipping costs are borne by the Shop.

29. If the goods are returned without providing any reason the cost of returning them is borne by the Customer.

30. A limited amount of Goods is assigned for promotional sales and completion of orders is based on a first come, first served basis, until the promotional stock is exhausted.

31. In accordance with the Act of 29 August 1997 on personal data protection (Journal of Laws No. 133, item 883 as amended) we inform that the personal data provided by the Customer will be protected from the access of third parties. Personal data is collected only for the needs of Winderen Sp. z o.o. for record purposes, especially in order to complete the sale and purchase agreement. We also assure that the Customer has the right to inspect their data and to correct it. Commercial information will be sent by email only if you have agreed to receive it in such a form (subscription to the newsletter). Consent can be withdrawn at any time.

32. All of the named products, names and trademarks are used for identification only and can be the registered trademarks of their respective owners.

33. The goods sale agreement is concluded in accordance with the Polish law and in the language chosen by the Customer from those available in the Shop, on condition that in case of discrepancies in the translation of the Terms and Conditions from the Polish language, the provisions of the Terms and Conditions in the Polish language shall apply.

34. Customers may access these Terms and Conditions at any time using the link on the main website of the www.winderen.com service, as well as download them and print them out.

35. We would like to inform you that each Customer of the on-line Winderen shop residing in an EU-member state reserves the right to resolve any possible disputes concerning purchases via the ODR platform, accessible here: webgate.ec.europa.eu/odr.