Shop Regulations

These Regulations apply to transactions concluded with natural persons, legal persons or organisational units making purchases for purposes related to their economic or professional activity and consumers within the meaning of the Polish Civil Code. If you do not meet this definition then please refer to the version of the regulations relevant to you.

§1
Definitions

Whenever the following capitalised terms are used in these Regulations, they shall have the meaning indicated in the definitions below:
1. Shop – Winderen Sp. z o.o. with its registered office at the address:
  
  Winderen Sp. z o.o.
  ul. Młyńska 27
  22-400 Zamość, Poland,
  
  registered in the National Court Register (KRS) kept by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, 6th [VI] Economic Division of the National Court Register under KRS number 0000283434, registered as a taxpayer of goods and services tax (VAT) under NIP (Tax Identification Number) 5272550527 and holding REGON (National Business Registry Number) 141049296, running an online shop available at www.winderen.com.
2. Regulations – these terms and conditions describing the rules for making purchases from the Shop.
3. Consumer – a consumer within the meaning of the Polish Civil Code, i.e. a natural person making a legal transaction with the Shop that is not directly related to their business or professional activity, as well as a natural person concluding a contract with the Shop directly related to their business activity, when the content of that contract indicates that it is not of a professional nature for that person, in particular resulting from the subject of their business activity, made available on the basis of the provisions concerning the Central Registration and Information on Business.
4. Contractor – a natural person, legal entity or organisational unit making purchases from the Shop for business or professional purposes.
5. Customer – Consumer or Contractor.
6. Goods – the assortment of goods on offer in the Shop or sourced from the Shop.

§2
General provisions

The Regulations are effective as of: 6 November 2023.
Customers may access the Regulations at any time via the link on the website www.winderen.com, download them and print them out. Before creating an account in the Shop and before each order is placed, the Customer is obliged to read the Regulations. It is recommended that the Regulations are recorded (e.g. downloaded or printed) and secured. If the Customer does not accept the provisions of the Regulations, they will withdraw from creating an account and placing an order.
The contract of sale of Goods is concluded in accordance with these Regulations and Polish law and in the language chosen by the Customer from those available in the Shop. In the event of a discrepancy in the translation of the Regulations from Polish, the provisions of the Regulations in Polish shall prevail. Any disputes shall be subject to the jurisdiction of a Polish court.
The Shop and the Customer may individually agree on the conditions of the transaction other than those described in the Regulations – in such a case it is necessary for both parties to confirm these conditions in writing or by e-mail.
The descriptions, technical parameters and performance features of the Goods available in the Shop are based on information obtained from their manufacturers or suppliers. The Shop makes every effort to ensure that the published information is accurate.
The shop processes Customers’ personal data as described in the Privacy Policy.
The Shop provides the following types of electronically provided services:
1. concluding distance sales contracts – with regard to the Goods sold in the Shop;
2. sending e-mails in which the Shop confirms the receipt of the order, possible receipt of payment, acceptance of the order for processing, the course of the order execution, the course of complaint processing, asks for feedback, and agrees with the Customer the details of the contract execution;
3. maintaining the Customer’s account in the Shop;
4. sending of a newsletter – at the request of the Customer;
5. adding Customer feedback on the purchased Goods and presenting this feedback to other Customers.
In order to use the Shop, it is necessary to use a computer system (computer, phone, tablet, etc.) with access to the Internet and equipped with a web browser with cookies and JavaScript enabled and to have an e-mail address. To open documents and forms (e.g. sales document, withdrawal form), you need software that allows for the opening of PDF files, such as Adobe Acrobat Reader.
The Shop informs that:
1. the use of services provided electronically over the Internet involves risks. The main risks for any Internet user, including those using the Shop, are:
  1. malicious software created to cause harm, such as viruses, ‘worms’ or ‘Trojan horses’, which can lead to the modification, disclosure, loss of data (or loss of access to data) or damage to the computer system – in order to minimise the risk, it is recommended to regularly update software (especially the operating system), use anti-virus software with current updates, and view and download content and programs from trusted sources only;
  2. fraud involving pretending to be another person or organisation for the purpose of obtaining confidential information (e.g. user name, password, credit card number), infecting a computer system with malicious software, inducing the installation of software allowing remote control of a computer system, inducing the making of an unjustified payment or gaining access to electronic banking – it is recommended to verify the source of the messages, to be cautious when acting on their basis and to verify their authenticity in the Shop in case of any doubt;
2. it enters the data listed and described in the Privacy Policy into the computer system used by the Customer.
The Customer shall not be entitled to any recording, reproduction, sharing, publishing, or dissemination of the content made available on the Shop’s website, unless such a right arises from the law or the Regulations.
All Goods, names and trademarks mentioned are used for identification purposes and may be registered trademarks of their respective owners.
The Consumer has the right to an out-of-court complaint and claim assertion procedure in connection with a purchase from the Shop via the ODR platform.

§3
Contact with the Shop

Contact with the Shop is possible:
1. in writing at the correspondence address:
  
  Winderen Sp. z o.o.
  ul. Młyńska 27
  22-400 Zamość, Poland
2. by telephone at: +48 666 111 266;
3. by e-mail at: [email protected].

§4
Customer Account

In order to place an order, the Customer may have a Customer account set up in the Shop. An account can be created in person using the form available in the Shop or through a Shop representative.
Among other things, having an account in the Shop allows you to access your transaction history, facilitates complaint procedures and enables the Shop to display the prices of Goods taking into account any discounts granted.
Access to the Customer’s account is protected by a username and password. Using passwords with at least 8 characters, including lowercase and uppercase letters, numbers and special characters is recommended.
The Shop is not responsible for unauthorised access to the Customer’s account for reasons attributable to the Customer, in particular if the Customer uses an inappropriate password or makes the login and password available to another person.

§5
Placing an Order

Winderen Sp. z o.o. sells the Goods to the Customers via the Internet Shop available at www.winderen.com, which publishes a list of the Goods offered together with their unit prices, description, technical parameters and performance features.
Information about the Goods given in the Shop does not constitute an offer within the meaning of the Polish Civil Code, but only an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.
The prices of the Goods in the Shop are given in EUR, USD or in local currencies for some countries. Information on whether the price includes VAT (gross) or not (net) is provided next to the price.
An order in the Shop may be placed by any natural person who has full capacity to perform legal transactions, any legal person and any organisational unit.
An order can be placed in the Shop:
1. via the website www.winderen.com or by e-mail, at any time;
2. by telephone or using instant messaging – during the Shop’s opening hours, i.e. on working days from 8 a.m. to 4 p.m. CET/CEST.
As a condition for placing an order, the Customer must provide:
1. the correct address to which the order is to be delivered;
2. the name of the payer and the data necessary to issue the sales document;
3. a telephone number and e-mail address for contact with the Customer, verification and confirmation of the order;
4. the list and quantities of ordered Goods.
Placing an order obliges the Shop to verify the availability of the Goods in question. The Shop will confirm acceptance of the order for processing provided that the Goods are in stock. An order for Goods with different availability dates will be dispatched once all Goods have been assembled. In the event that some of the Goods included in the order are unavailable, the Customer is informed of this fact and decides as to how the order should be fulfilled (partial fulfilment, extension of the waiting time, cancellation of the entire order).
For Goods with the status:
1. ‘on request’ – the Shop agrees with the Customer on the delivery date of the order individually;
2. ‘in stock’ – means that as at the time of browsing/reading the content(s) on the Shop’s website, the Goods are available, however, there is no guarantee that the Goods will be available at the time of order fulfilment (the orders are processed on a first come, first served basis).
The Customer may modify the order up to the moment of handing over of the ordered Goods by the Shop to the carrier, subject to paragraph 10. Modification of the order may delay delivery.
It is not possible to modify an order for personalised Goods once the personalised Goods have been accepted by the Customer.
In the case referred to in paragraph 5(2) (telephone order), the Shop sends a description of the order by e-mail to the address provided by the Customer for the purpose of verifying the order by the Customer. The content of these Regulations and the Privacy Policy will also be communicated in this e-mail.
Information and data given in the Shop, such as the price of the Goods and delivery, currency, technical parameters, contents of the kit, delivery costs of the ordered Goods and the wording of the Regulations shall be binding on the parties in accordance with their content in force at the time the order is placed or modified by the Customer, subject to paragraphs 14 and 15.
The Regulations are part of the sales contract concluded by the Shop and the Customer. The individual provisions of the Regulations may be modified by statements contained in the descriptions for the given Goods.
The sales contract is concluded when the Shop confirms the order by e-mail within 1 working day of the day of order receipt or in writing to the address indicated by the Customer.
The Shop reserves the right to refuse to conclude a sales contract if:
1. concluding a sales contract could expose the Shop to:
  1. the inability to fulfil the contract (e.g. due to unavailability of the Goods, no possibility of delivery to a given place, violation of the rules and regulations of the carrier, sanctions or other restrictions resulting from generally applicable laws in Poland and the country of delivery);
  2. violation of the Shop’s interests (e.g. due to a change in the prices of Goods or currency exchange rates);
2. the Customer does not accept the provisions of the Regulations or violates them;
3. an order is not confirmed;
4. the Customer’s details or delivery address are incomplete or incorrect.
In the event of a refusal to conclude a sales contract, the Shop shall inform the Customer of the refusal, the reasons for it and the possibility of fulfilling the order or its part. If the parties fail to reach an agreement and the Customer has already made a payment – the Shop shall return the payment to the Customer without undue delay.
Proof of purchase is sent electronically to the address specified in the order and placed on the Customer’s account in the Shop and may be enclosed with the parcel at the request of the carrier in the case of delivery outside the European Union.
A limited number of Goods are intended for promotional sales and bargain sales, and orders for such Goods are processed in the order of their receipt and confirmation, until the stocks covered by this form of sale are exhausted.

§6
Payment

By placing an order, the Customer is obliged to pay for the order.
The Customer may choose various methods of payment for the ordered Goods, in particular:
1. payment card (Visa, Mastercard and others depending on the selected payment intermediary);
2. Apple Pay;
3. Google Pay;
4. cash on delivery (for selected countries);
5. bank transfer to the Shop’s account;
6. Internet transfer.
Depending on the country from which purchases are made, the available payment methods may vary and may be made through different entities, under the conditions indicated below:
- Przelewy24 – PayPro S.A., ul. Kanclerska 15, 60-327 Poznań, Poland;
- PayPal – PayPal Inc., 2211 North First Street, San Jose, California 95131, USA;
- Stripe – Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA;
- Apple Pay – Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA;
- Google Pay – Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA;
- iDEAL – Currence Holding B.V., Gustav Mahlerplein 33-35, 1082 MS Amsterdam, the Netherlands;
- Multibanco – SIBS, Rua Soeiro Pereira Gomes, lote 1, 1649 – 031 Lisboa, Portugal;
- Klarna, Sofort – Klarna Bank AB, Sveavägen 46, 111 34 Stockholm, Sweden;
- Giropay – Giropay GmbH, An der Welle 4, 60-322 Frankfurt/Main, Germany;
- EPS – Studiengesellschaft für Zusammenarbeit im Zahlungsverkehr GmbH, Frankgasse 10/8, 1090 Wien, Austria;
- Bancontact – Bancontact Payconiq Company NV/SA, Rue d’Arlon 82, 1040-Brussels, Belgium.
By selecting a particular payment method, the Customer accepts the terms and conditions of the respective service.

§7
Delivery

Depending on the place of delivery, the delivery can be made via various carriers, which provide their services according to the terms and conditions described in their respective regulations:
1. DPD – DPD Polska Sp. z o.o., ul. Mineralna 15, 02-274 Warsaw, Poland;
2. FedEx, TNT – FedEx Express International B.V., Taurusavenue 111, 2132 LS Hoofddorp, the Netherlands;
3. UPS – UPS Europe SA, Ave Ariane 5, Brussels, B-1200, Belgium;
4. DHL, DHL Express – Deutsche Post AG, Charles-de-Gaulle-Str. 20, 53113 Bonn, Germany;
Delivery will be made by the carrier that serves the delivery location in question.
Information on the cost of delivery of your order appears after you have added the Goods to your shopping basket in the Shop and selected the country of destination for delivery of the Goods.
The delivery time of an order is the total time:
1. from payment on the Shop’s account (prepaid order) to dispatch of the consignment (handing over to the carrier) – a maximum of 2 working days if the Goods are available in the Shop’s warehouse;
2. from sending the consignment to delivery to the Customer – usually up to 3 business days from the date of sending the consignment, with the proviso that the delivery time may vary depending on the place of delivery.
The purchased Goods are delivered to the Customer at the address indicated by the Customer. In the event of non-delivery of the Goods due to the Customer’s absence, the Customer should contact the carrier as soon as possible to arrange for re-delivery, with the proviso that the Goods will be returned to the Shop after a certain period of time (varying according to the carrier). Detailed delivery conditions are described in the carrier’s terms and conditions.
Claims for mechanical damage caused during transport may only be considered on the basis of a written report of damage/disparity of the contents of the consignment, drawn up at the time of receipt of the Goods, in the presence of an employee of the carrier and with their confirmation. Pursuant to the provisions of Article 74 of the Act of 15 November 1984 Transport Law (Journal of Laws [Dz.U.] of 2020, item 8), if before the handover of the consignment it is found that it has suffered a loss or damage, the carrier shall immediately establish the condition of the consignment and the circumstances of the damage in an appropriate report. The carrier shall also carry out these actions at the request of the entitled person (Customer), if they claim that the consignment has been damaged. The Customer should check the consignment in the presence of an employee of the carrier. They should inspect the packaging (for possible damage during transport) and in particular check the condition of the tapes or seals on the consignment. If, after handing over the consignment, a defect or damage is discovered which is not discernible from the outside upon receipt, the carrier shall determine the condition of the consignment at the request of the entitled person (Customer) made immediately after the discovery of the damage, but no later than within 7 days of the day of receipt of the consignment.
In the event of damage to the consignment, please contact the Shop immediately to clarify the situation.
The Customer shall verify the conformity of the delivered Goods with the sales contract (i.e. the type and quantity of Goods, their completeness and quality) and report any reservations immediately.
Upon delivery of the Goods to the Customer (the date indicated in the shipping documents applies), the right to dispose of the Goods as the owner and the risk of accidental loss of or damage to the Goods shall pass to the Customer.
In the event of non-collection of the consignment by the Customer, the Shop will take steps to establish the reasons for non-collection by contacting the Customer and the carrier. If it is found that the reasons for non-collection lie with the Customer, the Shop has the right to charge the Customer for the return delivery and for the re‑dispatching, if requested by the Customer.
The Shop is not responsible for any delayed delivery or non-delivery of Goods due to an incorrect or inaccurate delivery address. Updating the delivery address of an outbound consignment is not a service guaranteed by the carrier and may result in the consignment being returned to the Shop.
The cost of re-dispatching the Goods (if so instructed by the Customer) shall be charged to the Customer in the event that the consignment is returned to the Shop as a result of:
1. failure to collect the consignment with the Goods (as referred to in paragraph 5);
2. the Customer providing an incorrect or inaccurate delivery address (as referred to in paragraph 11).

§8
Withdrawal by the Consumer

In accordance with the Act of 30 May 2014 on Consumer Rights (consolidated text Journal of Laws [Dz.U.] 2020 item 287, as amended), the Consumer may, by way of withdrawal from the contract, cancel the purchase of the Goods from the Shop without stating any reason, by making a declaration to that effect in writing or in document form within 14 days of receipt of the Goods. The declaration of withdrawal can be made by filling in the form and sending it by e-mail (to the address: [email protected]) or by post (to the address indicated in paragraph 3).
The Shop guarantees the refund of an amount equal to the value of the ordered Goods and the costs of shipping them to the Consumer, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Shop. The money will be reimbursed using the same method of payment used by the Consumer at the time of purchase or a different one if the Consumer expressly agrees to be reimbursed in a different manner that does not expose the Consumer to additional costs.
The Consumer shall be liable for any diminution in the value of the returned contractual Goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The right of withdrawal from a distance contract does not apply to the Consumer in respect of contracts:
1. for the provision of services for which the Consumer is obliged to pay the price if the Shop has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the service provision that once it is completed by the Shop, the Consumer will lose their right of withdrawal, which they acknowledged;
2. in which the price or remuneration depends on fluctuations in the financial market over which the Shop has no control and which may occur before the end of the withdrawal period;
3. where the object of the performance are non-prefabricated Goods made to the Consumer’s specifications or to meet the Consumer’s personalised needs;
4. in which the object of performance are Goods that are perishable or have a short shelf life;
5. in which the object of the performance are Goods supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
6. in which the object of the performance are Goods which, after delivery, by their nature become inseparable from other Goods;
7. in which the Consumer expressly requested that the Shop come to them for urgent repair or maintenance;
8. in which the object of the performance are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery;
9. for the supply of digital content not supplied on a tangible medium for which the Consumer is obliged to pay the price if the Shop has commenced the performance with the express and prior consent of the Consumer, who has been informed before the commencement of the performance that once it is completed by the Shop, they will lose their right of withdrawal, and has acknowledged this and the Shop has provided the Consumer with an appropriate confirmation;
10. for the provision of services for which the Consumer is obliged to pay the price, where the Consumer expressly requested that the Shop come to them for repair and the service has already been provided in full with the Consumer’s express and prior consent.
If the Shop provides additional services other than those requested by the Consumer or supplies Goods other than spare parts necessary for the repair or maintenance, the Consumer shall have the right of withdrawal with respect to the additional services or Goods.
The Consumer is obliged to return the Goods to the Shop immediately, but no later than 14 days from the date on which they have withdrawn from the contract. It is sufficient to send back the Goods before the deadline.
The Consumer shall send back the Goods that are the subject matter of the contract they have withdrawn from at their own expense and risk to the address of the Shop’s warehouse:

Winderen Sp. z o.o.
ul. Młyńska 27
22-400 Zamość, Poland

The Shop is not obliged to pay customs and fiscal charges in the event of the returned Goods being transported from a country other than the original country of delivery. The Shop does not accept any consignments sent back cash on delivery.
The Shop may withhold reimbursement of the payment received from the Consumer until it has received the Goods back.
The Shop excludes the possibility of submitting a declaration of withdrawal in any form other than written or documentary.

§9
Complaints

The Shop is obliged to provide the Customer with Goods that are compliant with the contract. Accordingly, the Goods sold in the Shop are covered by a complaint procedure under the terms of the Consumer Rights Act and these Regulations (applies only to Goods sold to Consumers) and a guarantee from the manufacturer or distributor of the Goods on the terms described in the guarantee card, description of the Goods or the Regulations.
In the case of Goods sold to the Contractor:
1. the Shop’s liability under statutory warranty for defects pursuant to Article 568(1) of the Act of 23 April 1964 Civil Code (consolidated text Journal of Laws [Dz.U.] of 2022, item 1368, as amended) is excluded;
2. the Shop’s liability shall cover only actual damage and shall be limited to the value of the order.
If the Goods are found not to be in conformity with the contract, the Consumer shall choose whether they wish to exercise their rights under the Consumer Rights Act, i.e. on account of non-conformity of the Goods with the contract, or under the guarantee. The guarantee does not exclude or limit the Consumer’s rights arising out of non-compliance of the Goods with the contract or affect the Shop’s liability for such non-compliance. However, if the Consumer is exercising guarantee rights, the running of the period for the exercise of rights arising out of non-conformity of the Goods with the contract shall be suspended on the date of notifying the Shop of the defect. The period shall resume to run on the day of the guarantor’s refusal to perform its obligations under the guarantee or the ineffective expiry of the period for their performance.
By submitting a request (withdrawal from a contract or complaint regarding goods), the Consumer agrees to the processing of the personal data provided by them to the extent necessary to process the case in accordance with 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 (General Data Protection Regulation) (Official Journal of the European Union L 119, p. 1).

§10
Non-compliance of goods with the contract

In the case of non-conformity of goods with the contract, the Consumer has certain rights under the Consumer Rights Act, including those described below:
1. The Consumer has the right to lodge a complaint if the Goods delivered by the Shop do not comply with the contract, i.e.:
  1. the description, type, quantity, quality, completeness and functionality of the Goods and, in respect of Goods with digital elements, also the compatibility, interoperability and availability of updates do not comply with the contract;
  2. they are not useful for the specific purpose for which they are needed by the Consumer, which the Consumer has communicated to the Shop at the latest at the time of the conclusion of the contract and which the Shop has accepted;
  3. they are unsuitable for the purposes for which Goods of that kind are normally used, considering the applicable laws, technical standards or good practice;
  4. the Goods’ quantity and characteristics, including durability and safety and, in respect of Goods with digital elements, also functionality and compatibility, differ from what is typical of Goods of that kind and what the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by the Shop, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Shop demonstrates that:
    - it did not know about the public assurance in question and, judging reasonably, could not have known about it;
    - prior to the conclusion of the contract, the public assurance was rectified under the same conditions and in the same form as those applicable to the original public assurance or in a comparable manner;
    - the public assurance did not influence the Consumer’s decision to enter into the contract;
  5. the Goods were not supplied with packaging, accessories and instructions which the Consumer may reasonably expect;
  6. the Goods are not of the same quality as the sample or design which the Shop made available to the Consumer before the conclusion of the contract and do not correspond to the description of such sample or design;
2. in the event of non-conformity of the Goods with the contract, the Consumer may lodge a complaint and request repair or exchange of the Goods;
3. The Shop may carry out an exchange when the Consumer requests a repair or the Shop may carry out a repair when the Consumer requests an exchange if it is impossible or entails excessive costs for the Shop to bring the Goods into conformity with the contract in the manner chosen by the Consumer. If repair and exchange are impossible or entail excessive costs for the Shop, the Shop may refuse to bring the Goods into conformity with the contract;
4. if the goods are not in conformity with the contract, the Consumer may submit a request for price reduction or withdrawal from the contract when:
  1. the Shop refused to bring the Goods into conformity with the contract;
  2. the Shop has not brought the Goods into conformity with the contract;
  3. the non-conformity of the Goods with the contract continues despite the Shop’s attempts to bring the Goods into conformity with the contract;
  4. the extent of non-conformity of the Goods with the contract justifies either a reduction in price or withdrawal from the contract without prior recourse to remedies (repair or exchange);
  5. it is clear from the Shop’s statement or circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Consumer;
5. The reduced price must be in such proportion to the contractual price as the proportion of the value of the non-conforming Goods to the value of the conforming Goods;
6. The Shop shall be liable for any lack of conformity of the Goods with the contract existing at the time of delivery and discovered within two years of that date, unless the Goods’ shelf life, as determined by the Shop or persons acting on its behalf, is longer. The period relating to the non-conformity of the Goods with the contract shall run from the date of delivery/receipt of the Goods;
7. With regard to Goods with digital elements, the Shop shall be liable for the non-conformity with the contract of the digital content or digital service provided on a continuous basis, which has occurred or become apparent at the time such content or service was supposed to be provided pursuant to the contract. This time may not be shorter than two years from the delivery of the Goods with digital elements. The non-conformity of the digital content or digital service with the contract shall be presumed to have occurred within that time if it became apparent within that time.
Complaints should be submitted electronically via the Shop’s website, to the email address [email protected] or by post with annotation ‘complaint’ to the following address:

Winderen Sp. z o.o.
ul. Młyńska 27
22-400 Zamość, Poland
The complaint should include at least:
1. full name, address, e-mail address, telephone number of the Consumer;
2. the date of conclusion of the Contract constituting the basis for the complaint;
3. proof of purchase;
4. the subject of the complaint;
5. all circumstances justifying the complaint (including a description of the defect);
6. the Consumer’s demands.
The Consumer should prepare (secure) the Goods for transport so that they are not damaged. The Goods must be delivered to the Shop at the address indicated in paragraph 2 together with the complaint. The preceding sentence shall not apply in cases where delivery of the Goods is not necessary to clarify the case, as decided by the Shop, or in a situation where the Shop verifies the Goods at the Consumer’s premises. However, the Consumer is obliged to hand over the Goods if the Shop deems it necessary. The cost of delivery shall be reimbursed by the Shop, but the Consumer is obliged to agree with the Shop on the form of delivery before delivering the Goods. The Goods may also be delivered by the Consumer via a carrier indicated by the Shop. The Shop does not accept any consignments sent back cash on delivery. The Shop is not obliged to pay customs and fiscal charges or cover the costs of shipping to or returning from a country other than the original country of delivery.
The Shop shall, at the latest within 14 days of receipt of a correct complaint letter, respond to the complaint and inform the Consumer of further steps. In the event that the complaint is justified, the Shop will inform the Consumer of the proposed method of satisfying the complaint.
If the complaint is rejected, the Goods subject to the complaint will be returned to the Consumer.
The provisions concerning the Consumer shall also apply to contracts concluded as of 1 January 2021 by a natural person who concludes a contract directly related to their business activity, where it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the object of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.

§11
Guarantee

Goods manufactured by Winderen Sp. z o.o. are covered by a guarantee under the following conditions:
1. defects in the Goods detected during the guarantee period which resulted from causes inherent in the Goods or irregularities caused by poor workmanship are subject to complaint;
2. if the complaint is accepted, the Shop undertakes to repair the defective Goods free of charge or to replace them with new ones if the defect is found to be irremovable;
3. the guarantee period is 12 months from the date of receipt of the Goods by the Customer, unless a different guarantee period is indicated in the description of the Goods;
4. the condition for the exercise of guarantee rights is the submission of a duly completed guarantee card (if included with the Goods), the description of the defect, and proof of purchase of the Goods;
5. defects in the Goods are not covered by the guarantee, if:
  1. the Goods were not used in accordance with the intended use and the instructions for use;
  2. the Goods were subject to alterations and modifications;
  3. the defects were repaired outside the manufacturer’s service centre;
  4. the defects arose as a result of external forces the cause of which lies outside the Goods, e.g. mechanical, thermal, chemical or any other damage caused by improper use, storage or transport;
  5. the defects result from wear and tear of the Goods or their parts due to operation;
  6. the defects were reported after the deadline;
  7. the Goods were maintained by the Customer contrary to the recommendations in the instructions for use or if they were not maintained;
6. the guarantee does not cover the activities and costs of dismantling, reassembling and recommissioning of the Goods;
7. defective Goods or parts thereof exchanged under the guarantee shall become the property of the manufacturer;
8. the manufacturer is not responsible for:
  1. loss, damage or destruction of the Goods resulting from causes other than defects inherent in the Goods;
  2. damage caused by defects in the Goods other than that actually incurred;
  3. lost profits due to a defect in the Goods;
9. the guarantee does not confer on the Customer the right to claim reimbursement of lost profits or compensation for inability to use the Goods for the time necessary to perform the guarantee repair. The guarantor’s only obligation under this guarantee is to repair the device or exchange it for a defect-free one;
10. if repairing the Goods or exchanging them for new ones entails disproportionate costs for the Shop or is impossible, the Shop will refund the price paid to the Customer and the Customer will return the Goods to the Shop;
11. if, at the time of repair or exchange, the Goods are no longer manufactured or are no longer manufactured in the same version, the Shop shall be entitled to exchange them for similar Goods of not inferior characteristics.
The time limit for exercising the rights under the guarantee runs from the date of receipt of the Goods by the Customer.
Defects or damage to the Goods detected during the guarantee period should be reported to the guarantor (Shop) immediately, but no later than 7 days from the date of their detection.
In the event of a complaint regarding the Goods, the Customer should prepare (secure) the Goods for transport so that they are not damaged and send back the Goods subject to the complaint to the address of the Shop’s warehouse:

Winderen Sp. z o.o.
ul. Młyńska 27
22-400 Zamość, Poland
The guarantee card (if issued with the Goods), a written description of the reason for the complaint and proof of purchase of the Goods in the Shop (e.g. account statement, card payment confirmation, receipt or invoice) must be handed over together with the Goods subject to complaint.
Upon receipt of the complaint, a representative of the Shop will contact the complainant within 3 working days at the latest to determine the next steps. Depending on the situation, the complaint may require sending the Goods back to the Shop or sending a photo of the defect.
The costs associated with the handling of the guarantee process are borne by the guarantor (Shop). The Customer shall deliver the Goods to the place indicated by the Shop at the Shop’s expense. Before handing over the Goods covered by the guarantee, the Customer is obliged to contact the Shop for information on how to deliver the defective Goods. The Shop is not obliged to pay customs and fiscal charges or cover the costs of shipping to or transport from a country other than the original country of delivery. The Shop does not accept any consignments sent back cash on delivery.
The complaint will be dealt with by the Shop within 14 days of the date of submitting the complaint together with the necessary information or documents allowing for the assessment of the validity of the claim.

§12
Complaints regarding Goods purchased no later than by 31 December 2022

The Shop is obliged to deliver the Goods free of defects. The sales contract shall be governed by the provisions of the Civil Code concerning sales (provisions on statutory warranty for defects). Complaints and claims in respect of defects in the Goods shall be made in accordance with these provisions and these Regulations.
In the case of Goods sold to the Contractor:
1. the Shop’s liability on account of statutory warranty for defects is excluded;
2. the Shop’s liability shall cover only actual damage and shall be limited to the value of the order.
If the Goods sold have defects, the Consumer may lodge a complaint:
1. demanding that the defect be rectified,
2. demanding an exchange of the Goods for Goods free from defects,
3. making a request for price reduction,
4. making a statement of withdrawal from the contract (the contract cannot be withdrawn from as long as the defect in the Goods is immaterial).
The Shop is obliged to exchange the defective Goods for defect-free Goods or to remove the defect within a reasonable time without undue inconvenience for the Consumer. The Shop may refuse to satisfy the Consumer’s request if it is impossible to bring the defective Goods into conformity with the contract in the manner chosen by the Consumer or if it entails excessive costs in comparison with the other possible manner of bringing them into conformity with the contract.
If the Consumer makes a request for price reduction or a statement of withdrawal from the contract, the Shop may nevertheless exchange the defective Goods for defect-free Goods or remove the defect, provided that these actions are carried out immediately and without excessive inconvenience for the Consumer. However, the limitation indicated in the preceding sentence shall not apply if the Goods have already been exchanged or repaired by the Shop or the Shop has failed to fulfil its obligation to exchange the Goods for defect-free Goods or to remove the defect.
The Consumer may, instead of the repair of the defect proposed by the Shop, demand that the Goods be exchanged for defect-free Goods or, instead of exchanging the Goods, demand that the defect be removed, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would entail excessive costs in comparison with the manner proposed by the Shop.
The reduced price should be in such proportion to the contractual price as the proportion of the value of the defective Goods to the value of the defect-free Goods.
When assessing the excessiveness of the costs, the value of the defect-free Goods, the nature and significance of the defect found and the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account.
Complaints should be submitted electronically via the Shop’s website, to the email address [email protected] or by post with annotation ‘complaint’ to the following address:

Winderen Sp. z o.o.
ul. Młyńska 27
22-400 Zamość, Poland
The complaint should include at least:
1. full name, address, e-mail address, telephone number of the Consumer;
2. the date of conclusion of the Contract constituting the basis for the complaint;
3. proof of purchase;
4. the subject of the complaint;
5. all circumstances justifying the complaint (including a description of the defect);
6. the Consumer’s demands.
The Consumer should prepare (secure) the Goods for transport so that they are not damaged. The Goods must be delivered to the Shop at the address indicated in paragraph 2 together with the complaint. The preceding sentence shall not apply in cases where delivery of the Goods is not necessary to clarify the case, as decided by the Shop, or in a situation where the Shop verifies the Goods at the Consumer’s premises. However, the Consumer is obliged to hand over the Goods if the Shop deems it necessary. The cost of delivery shall be reimbursed by the Shop, but the Consumer is obliged to agree with the Shop on the form of delivery before delivering the Goods. The Goods may also be delivered by the Consumer via a carrier indicated by the Shop. The Shop does not accept any consignments sent back cash on delivery. The Shop is not obliged to pay customs and fiscal charges or cover the costs of shipping to or returning from a country other than the original country of delivery.
The Shop shall, at the latest within 14 days of receipt of a correct complaint letter, respond to the complaint and inform the Consumer of further steps. In the event that the complaint is justified, the Shop will inform the Consumer of the proposed method of satisfying the complaint. If the Consumer has requested an exchange of the Goods or removal of the defect, or has made a request for price reduction, specifying the amount by which the price is to be reduced, and the Shop has not responded to this request within 14 days, the Shop shall be deemed to have accepted the request.
The Shop shall be liable on account of statutory warranty if the defect is discovered before the expiry of two years from the date of delivery of the Goods to the Consumer.
If the complaint is rejected, the Goods subject to the complaint will be returned to the Consumer.
The provisions concerning the Consumer shall also apply to contracts concluded as of 1 January 2021 by a natural person who concludes a contract directly related to their business activity, where it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the object of their business activity, made available on the basis of the provisions on the Central Registration and Information on Business.
By submitting a complaint, the Consumer agrees to the processing of the personal data provided by them to the extent necessary to process the case in accordance with 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 (General Data Protection Regulation) (Official Journal of the European Union L 119, p. 1).

§13
Feedback

The Shop may ask the Customer to provide feedback on the Goods or service purchased.
The Customer’s feedback, together with the Customer’s name and country of origin, may be published on the Shop’s website or in other media, such as social media.
Feedback on Goods and services published by the Shop come from actual Customers who have purchased Goods or services from the Shop. The reliability of published feedback is ensured by the way they are collected. The opportunity to provide feedback exists only through an individual and unique link to a form sent by the Shop only to the Customer who has purchased the Goods or service from the Shop.
The Customer, by providing the Shop with feedback on the Goods or product:
1. declares that the feedback constitutes a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and that the Customer holds full copyright in this work;
2. agrees to the publication of their feedback under the conditions described in the Regulations;
3. grants the Shop a non-exclusive and royalty-free licence to use the work (feedback) for an indefinite period of time, for all fields of use known at the time the licence is granted, in particular:
  1. within the scope of recording and multiplication of the work – production of copies with a specified technique, including in particular digital or audio technique, i.e. using any technique on any audio-visual or audio medium, and in particular on all forms of light-sensitive, magnetic, analogue, IT, digital, multimedia, video, audio-visual discs, cassettes, compact discs, computer discs, on a multimedia network (including Internet, intranet and related on-line services) and multiplication, recording, use on the Internet, television, radio, advertising, multiplication in the form of a record in electronic form in computer memory and in internal and external networks;
  2. in respect of the marketing of the original or copies on which the work has been recorded, the marketing, lending or rental of the original or copies;
  3. use of all or part or any elements of the work in all publications, in the press, in books, albums, digital publications, including online, in newsletters and information sheets, alone or in combination with other works or parts of works;
  4. use in whole or in part for promotional and publicity purposes, in particular in the form of audiovisual, audio, media advertising;
  5. public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can access it from a place and at a time individually chosen by them.

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