Shop rules

TERMS AND CONDITIONS OF THE ONLINE STORE

WINGSBRAND.COM

TABLE OF CONTENTS:

GENERAL PROVISIONS
ONLINE W SERVICES
TERMS AND CONDITIONS OF THE SALES AGREEMENT
PRICES
PRODUCTS
PAYMENT METHODS AND TERMS FOR THE PRODUCT
COST, METHODS, AND TIMES FOR DELIVERY AND PICKUP OF THE PRODUCT
PRODUCT RETURNS
OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND RESOLVING CLAIMS, AND THE RULES FOR ACCESS TO THESE PROCEDURES
RIGHT TO CANCEL THE CONTRACT
PROVISIONS FOR BUSINESS OWNERS
PERSONAL DATA W THE ONLINE STORE
FINAL PROVISIONS

The online store www.WINGS24.pl protects consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Any contractual provisions less favorable to the consumer than those of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any potential ambiguities must be interpreted in favor of the consumer. W the event of any conflict between the provisions of these Terms and Conditions and the aforementioned provisions, the latter shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1. The Online Store, available atwww.WINGS24.pl, is operated by Wings Sp. z o.o., with a share capital of PLN 235,400, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0000928386, with the following business address andmailing address: Żółtki Kolonia 38A, 16-070 Choroszcz, Tax Identification Number (NIP) 5423261087, REGON 365451702, email address: office@wingsbrand.com, phone number: 602 32 12 12

1.2. These Terms and Conditions apply to both consumers and business customers using the Online Store, unless a specific provision of the Terms and Conditions states otherwise and applies exclusively to consumers or business customers.

1.3. The Service Provider is the controller of personal data processed in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, to the extent, and in accordance with the principles set forth in the Online Store Terms and Conditions. Providing personal data is voluntary. Any person whose personal data is processed by the Service Provider has the right to access such data and the right to update and correct it.

1.5. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Customer’s technical infrastructure.

1.6. Browsing the Store’s product range does not require creating an Account. The Customer may place orders for Products available in the Store’s product range either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address information to process the Order without creating an Account.

1.7. The final amount payable by the Customer consists of the price of the Product and the delivery cost (including fees for transport, delivery, and postal services), which the Customer is informed of on the Store’s website during the Order placement process, including at the moment of expressing their intention to be bound by the Sales Agreement.

1.8. Definitions:

BUSINESS DAY – any day from Monday to Friday, excluding public holidays.
REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows you to place an Order, specifically by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity; - who has entered into or intends to enter into a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, Item 93, as amended).
ACCOUNT – An electronic service, identified by a unique username (login) and password provided by the Customer, comprising a set of resources within the Service Provider’s IT system where data provided by the Customer and information about Orders placed by the Customer in the Online Store are stored.
NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Service Users who subscribe to it to automatically receive from the Service Provider periodic content of subsequent newsletter editions containing information about Products, new arrivals, and promotions in the Online Store. Discount codes from the Newsletter cannot be combined with other promotions.
PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
ONLINE STORE - the Service Provider’s online store available at the following web address:WINGS on the Shoper e-commerce platform.
SELLER; SERVICE PROVIDER – Wings Limited Liability Company, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Białystok, 12th Commercial Division of the National Court Register, under KRS number 0000928386, with the following details: business address andmailing address: Żółtki Kolonia 38A, 16-070 Choroszcz, Tax ID (NIP) 5423261087, National Business Registry Number (REGON) 365451702, email address: office@wingsbrand.com, phone number: 578625520
SALES AGREEMENT – a sales agreement for a Product entered into or concluded between the Customer and the Seller through the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store.
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality to which the law grants legal capacity; - using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT, ACT – Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
ORDER - a declaration of intent by the Customer submitted via the Order Form and intended directly to conclude a Product Sales Agreement with the Seller.

2. W SERVICES

2.1. The following Electronic Services are available W the Online Store: Account, Order Form, and Newsletter.

Account – the Account can be used after the Service Recipient completes a total of three consecutive steps: (1) filling out the Registration Form, (2) clicking the “Create Account” button, and (3) confirming the desire to create an Account by clicking the confirmation link automatically sent to the provided email address. W the Registration Form, the Service User must provide the following information: first and last name/company name, address (street, house/apartment number, ZIP code, city, country), email address, contact phone number, and password. W Service Users who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
- The Electronic Account service is provided free of charge for an indefinite period. The User may, at any time and without giving a reason, delete the Account (cancel the Account) by sending a request to the Service Provider, specifically via email to the address: office@wingsbrand.cor in writing to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz.
Order Form – Use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps: (1) filling out the Order Form and (2) clicking the “Confirm Purchase” field on the Online Store’s website after filling out the Order Form—until this point, the Customer may modify the entered data (to do so, follow the displayed prompts and information available on the Online Store’s website). W the Order Form, the Customer must provide the following information: first and last name/company name, address (street, house/apartment number, ZIP code, city, country), email address, contact phone number, and details regarding the Sales Agreement: Product(s), quantity of Product(s), delivery location and method, and payment method. W Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
- The Electronic Order Form service is provided free of charge, is a one-time service, and terminates upon the submission of an Order through it or upon the Service Recipient’s earlier cessation of placing Orders through it.
Newsletter – To subscribe to the Newsletter, enter the email address where you would like to receive future issues in the “Newsletter” tab visible on the Online Store’s website, and click the “Subscribe” button. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account—upon creating an Account, the User is automatically subscribed to the Newsletter.
- The Electronic Newsletter service is provided free of charge for an indefinite period. The Subscriber may, at any time and without providing a reason, unsubscribe from the Newsletter by sending a request to the Service Provider, specifically via email to: office@wingsbrand.com or in writing to the address: Żółtki Kolonia 38A 16-070 Choroszcz.
Technical requirements necessary to interact with the IT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) Enable cookies and JavaScript in your web browser.
The Customer is obligated to use the Online Store in a manner consistent with the law and good customs, with due regard for the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Customer is required to provide accurate information. The Customer is prohibited from providing unlawful content.

2.4. Complaint procedure:

Complaints regarding the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in Section 6 of the Terms and Conditions) may be submitted by the Customer, for example:
in writing to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz
online via email at: office@wingsbrand.com;
It is recommended that the Customer include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the defect; (2) the Customer’s request; and (3) the contact information of the person filing the complaint—this will facilitate and expedite the Service Provider’s review of the complaint. The requirements listed in the preceding sentence are merely recommendations and do not affect the validity of complaints filed without the recommended complaint description.
The Service Provider will respond to a complaint immediately, no later than within 14 calendar days from the date it was filed.
W exercise your right to a 14-day return period, the cost of returning the item is borne by the buyer

3. TERMS AND CONDITIONS OF THE SALES AGREEMENT

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.

3.2. The Product price displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product covered by the Order, as well as about delivery costs (including fees for transport, delivery, and postal services) and other costs, and when the amount of these fees cannot be determined – the obligation to pay them, the Customer is informed on the Online Store’s pages during the placement of the Order, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

3.3. Procedure for Concluding a Sales Agreement in the Online Store Using the Order Form

A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with Section 2.1.2 of the Terms and Conditions.
After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate email to the email address provided during the Order placement process, which contains at least the Seller’s statements regarding receipt of the Order and its acceptance for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The content of the Sales Agreement is recorded, secured, and made available to the Customer by (1) publishing these Terms and Conditions on the Online Store’s website and (2) sending the Customer the email referred to in Section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

3.5. The withdrawal period for a distance contract is 14 days.

4. PRICES

The prices listed on the Store’s website are in Polish zlotys (PLN) and include VAT.
The prices listed on the product pages do not include shipping costs; shipping costs are listed inthe price listand in the shopping cart when placing an order.
The final price is the price listed next to the product at the time the customer places the order.
The total amount due is displayed after you select a shipping method before confirming your order.
The store reserves the right to change the prices of the products it offers.
W promotional pricesW the store displays the current price of the product, the price before the discount, and the lowest price over the past 30 days.
W promotional campaigns or sales, orders will be processed at the prices currently displayed on the product page.
Promotions in the Store cannot be combined, unless the terms of a specific promotion state otherwise.

5. PRODUCTS

The store reserves the right to introduce new products and discontinue existing ones.
Products in the store are displayed by default based on stock availability, but you can filter them using the filters available on the page for each category.
If the ordered product is unavailable, the Store will notify the customer of its unavailability immediately. W such a case, no contract is concluded. Any payments made will be refunded immediately.

6. PAYMENT METHODS AND TERMS FOR THE PRODUCT

The Seller offers the Customer the following payment methods under the Sales Agreement:
1. Cash on delivery upon receipt of the package.
2. Payment by bank transfer to the Seller’s bank account.
3. Fast BLIK payments.
Customers may choose from the following payment methods for their orders: BLIK payments, credit/debit card, or electronic bank transfer via the imoje external payment system, operated by ING Bank Śląski S.A., headquartered in Katowice
Payment due date:

W the Customer chooses to pay by bank transfer, electronic payment, or credit card, the Customer is required to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
W the Customer chooses to pay by cash on delivery, the Customer is required to make the payment upon receipt of the shipment.

W on the circumstances or current business or legal conditions, including agreements entered into by WINGS SP Z.O.O. with third parties, the type of transaction, or the Customer’s choice, payment may be made in advance or upon delivery.
W on the circumstances or current business or legal conditions, including agreements entered into by WINGS SP Z.O.O. with third parties, the type of transaction, or the Customer’s choice, the payment methods, their providers, or other entities involved or acting as intermediaries may be subject to change.
W the event of cancellation of part or all of the Order, a refund to the Customer will be issued immediately, but no later than within 14 days from the date of cancellation—for the full amount or the applicable portion of the Price.
Refunds are issued using the same payment method the Customer used—unless the Customer has expressly agreed to a different refund method (including a refund to a different bank account).

6.2. Payment due date:

W the Customer chooses to pay in cash upon personal pickup, by bank transfer, via electronic payment, or by credit card, the Customer is required to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
W the Customer chooses to pay by cash on delivery, the Customer is required to make the payment upon receipt of the shipment.

7. COST, METHODS, AND TIMES FOR DELIVERY AND PICKUP OF THE PRODUCT

7.1. Product delivery is available within the European Union

7.2. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website under the“Delivery Costs”tab and during the Order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.

7.3. The Customer cannot pick up the Product in person.

7.4. The Seller offers the Customer the following methods of delivery or pickup of the Product:

Mail delivery, cash-on-delivery.
Courier delivery, cash-on-delivery courier service.
Shipping via InPost
Orlen Paczka shipping
GLS shipping

7.5. The delivery time for the Product to the Customer is up to 7 Business Days, unless a shorter delivery time is specified in the Product description or during the Order placement process. W Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 7 Business Days. The start of the Product delivery period to the Customer is calculated as follows:

W the Customer chooses to pay by bank transfer, electronic payment, or credit card, the payment is due from the date the Seller’s bank account or settlement account is credited.
W the Customer chooses cash on delivery as the payment method – from the date of conclusion of the Sales Agreement.

7.6. Date of Product readiness for pickup by the Customer – if the Customer chooses to pick up the Product in person, the Product will be ready for pickup within 2 Business Days, unless a shorter timeframe is specified in the Product description or during the Order placement process. W Products with different readiness dates, the readiness date is the longest specified date, which, however, may not exceed 2 Business Days. The Customer will be additionally notified by the Seller of the Product’s readiness for pickup via an email sent to the Customer’s email address provided during the Order placement process. The start of the period during which the Product is ready for pickup by the Customer is calculated as follows:

W the Customer chooses to pay by bank transfer, electronic payment, or credit card, the payment is due from the date the Seller’s bank account or settlement account is credited.
W the Customer chooses to pay in cash upon personal pickup – from the date the Sales Agreement is concluded.

8. PRODUCT COMPLAINT
(APPLIES TO SALES CONTRACTS ENTERED INTO ON OR AFTER DECEMBER 25, 2014)

8.1. All products we offer are covered by a warranty in accordance with applicable law. The warranty period and terms are precisely specified in the warranty card included with the purchased product. Information about the product warranty can be found on the product page for each item.

8.2. The basis and scope of the Seller’s liability toward the Customer if the sold Product has a physical or legal defect (warranty) are determined by generally applicable laws, in particular the Civil Code (specifically Articles 556–576 of the Civil Code).

8.3. The Seller is obligated to deliver a defect-free Product to the Customer. Detailed information regarding the Seller’s liability for Product defects and the Customer’s rights is provided on the Online Store’s website underthe “Product Complaints”tab.

8.4. A complaint may be filed by the Customer, for example:

in writing to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz;
via email at: reklamacje@wingsbrand.com;

8.5. It is recommended that the Customer include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the defect; (2) a request for the Product to be brought into compliance with the Sales Agreement, or a statement regarding a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person filing the complaint—this will facilitate and expedite the Seller’s review of the complaint. The requirements set forth in the preceding sentence are merely recommendations and do not affect the validity of complaints filed without the recommended description.

8.6. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested a replacement of the item or the removal of a defect, or has submitted a statement requesting a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed justified.

8.7. A customer exercising their warranty rights is required to deliver the defective Product to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz.

W the Customer is a consumer, the Seller bears the cost of delivering the Product; if the Customer is not a consumer, the Customer bears the cost of delivery. If, due to the type of Product or the manner of its installation, delivery of the Product by the Customer would be unduly difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.

9. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND RESOLVING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES

9.1. Detailed information regarding the options available to a Customer who is a consumer for out-of-court complaint resolution and the pursuit of claims, as well as the rules for accessing these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

9.2. A contact point also operates under the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or mailing address: Pl. Powstańców Warszawy 1, Warsaw), whose tasks include assisting consumers in matters related to the out-of-court resolution of consumer disputes.

9.3. The consumer has the following examples of options for using out-of-court complaint resolution and claim enforcement: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information is available on the website of the inspector competent for the location where the Seller conducts business); and (3) assistance from the county (municipal) consumer ombudsman or a civic organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other channels, via email at porady@dlakonsumentow.pl and via the consumer hotline at 801 440 220 (the hotline is open on business days from 8:00 AM to 6:00 PM; call charges apply according to the operator’s rates).

9.4. At the address http://ec.europa.eu/consumers/odr An online platform for resolving disputes between consumers and businesses at the EU level (ODR platform) is available. The ODR platform is an interactive, multilingual website serving as a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts or service contracts (more information is available on the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

10. RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS ENTERED INTO ON OR AFTER DECEMBER 25, 2014)

10.1. The Buyer has the right to withdraw from the contract in writing without giving a reason and to return the purchased goods at their own expense within 30 days of receiving the product, pursuant to the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) W the event of a written withdrawal from the contract, the Customer is obligated to return the goods within thirty days. The right referred to above also applies to a natural person entering into a contract directly related to their business activity, provided that the content of such contract indicates that it does not have a professional nature for that person, resulting in particular from the subject of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity.

10.2. A consumer who has entered into a distance contract may withdraw from it within 30 calendar days without giving any reason and without incurring any costs, except for the costs specified in Section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the notice before its expiration. The notice of withdrawal from the contract may be submitted, for example:

in writing to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz;
via email at: office@wingsbrand.com;

10.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available on the Online Store’s website under the“Withdrawal from theContract” tab. The consumer may use the sample form, but this is not mandatory.

10.4. The period for withdrawing from the contract begins:

for a contract under which the Seller delivers the Product and is obligated to transfer ownership thereof (e.g., a Sales Contract)—from the moment the Product is taken into possession by the consumer or a third party designated by the consumer other than the carrier; and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts—from the time the last Product, batch, or part is taken into possession; or (2) involves the regular delivery of Products for a specified period—from the time the first Product is taken into possession;
for other contracts – from the date the contract is concluded.

10.5. W the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

10.6. The Seller is obligated to immediately, no later than within 14 calendar days from the date of receiving the consumer’s notice of withdrawal from the contract, refund to the consumer all payments made by the consumer, including the costs of delivering the Product (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method that does not entail any costs for them. W payment was made using a payment card, the refund will be credited to the bank account associated with the payment card used for the transaction. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.

10.7. The consumer is required to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 30 calendar days from the date on which the consumer withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires. The Consumer may return the Product to the following address: Żółtki Kolonia 38A 16-070 Choroszcz.

10.8. The consumer is liable for any decrease in the value of the Product resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product.

10.9. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is required to bear:

If the consumer has chosen a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to reimburse the consumer for the additional costs incurred.
The consumer bears the direct costs of returning the Product.
W the case of a Product that is a service, the performance of which—at the consumer’s express request—began before the expiration of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

10.10. The consumer does not have the right to withdraw from a distance contract in the case of the following contracts:

for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed prior to the commencement of the service that upon the Seller’s performance of the service, the consumer would lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiration of the withdrawal period; (3) where the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or intended to satisfy their individual needs; (4) where the subject of the performance is a Product that is liable to deteriorate rapidly or has a short shelf life; (5) where the subject of the performance is a Product delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the transaction consists of Products which, due to their nature, become inseparably combined with other items upon delivery; (7) where the subject of the transaction consists of alcoholic beverages whose price was agreed upon at the time of concluding the Sales Agreement, and whose delivery may take place only after 30 days have elapsed, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller visit them to perform urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products other than the spare parts necessary to perform the repairs or maintenance, the consumer has the right to withdraw from the contract with respect to the additional services or Products; (9) where the subject of the performance consists of audio or video recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, except for subscription agreements; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, the transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the date or period of service provision; (13) for the supply of digital content not recorded on a tangible medium, if the performance of the service began with the consumer’s express consent before the expiration of the withdrawal period and after the Seller informed the consumer of the loss of the right to withdraw from the contract.

11. PROVISIONS REGARDING BUSINESSES

11.1. This section of the Terms and Conditions and the provisions contained herein apply exclusively to Customers and Service Recipients who are not consumers.

11.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

11.3. W the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method selected by the Customer and the fact that a Sales Agreement has been concluded.

11.4. Upon the Seller’s delivery of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage, or damage to the Product occurring from the time it is accepted for transport until it is delivered to the Customer, nor for any delay in the shipment’s delivery.

11.5. W a Product is shipped to the Customer via a carrier, a Customer who is not a consumer is obligated to inspect the shipment in a timely manner and in the manner customary for shipments of this type. If the Customer determines that the Product was lost or damaged during transport, the Customer is obligated to take all necessary steps to establish the carrier’s liability.

11.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to a Customer who is not a consumer is excluded.

11.7. W the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service Recipient a relevant notice.

11.8. The Service Provider’s/Seller’s liability toward the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited — both for a single claim and for all claims in total — to the amount of the price paid and delivery costs under the Sales Agreement, but not exceeding one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Service Recipient/Customer who is not a consumer.

11.9. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the Seller’s/Service Provider’s place of business.

11.10 Every Buyer, including a business entity making purchases for purposes related to its business operations but not of a professional nature, has the right to file complaints regarding purchased products in accordance with these Terms and Conditions.

11.12 A complaint may be filed by the Service Recipient/Customer, for example:

in writing to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz;
online via email at: reklamacje@wingsbrand.com;

11.12. It is recommended that the Service Recipient/Customer include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the defect; (2) a request for the Product to be brought into compliance with the Sales Agreement, or a statement regarding a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the person filing the complaint—this will facilitate and expedite the Seller’s review of the complaint. The requirements set forth in the preceding sentence are merely recommendations and do not affect the validity of complaints filed without the recommended description.

11.13. The Seller shall respond to the Customer’s complaint without delay, no later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested a replacement of the item or the removal of a defect, or has submitted a request for a price reduction specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed justified.

11.14. The Customer is required to deliver the defective Product to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz.

W the case of a Customer who is not a consumer, the Customer bears the cost of delivery. If, due to the nature of the Product or the manner of its installation, delivery of the Product by the Customer would be unduly difficult, the Customer is obligated to make the Product available to the Seller at the location where the Product is located.

12. PERSONAL DATA W THE ONLINE STORE

12.1. The Seller is the controller of the personal data of Service Users/Customers collected through the Online Store.

12.2. The personal data of Service Users/Customers collected by the controller through the Online Store is collected—in accordance with the Service User’s/Customer’s consent—for the purpose of performing the Sales Agreement or the agreement for the provision of Electronic Services

12.3. Potential recipients of personal data of Online Store customers:

W Customers who choose delivery by mail or courier service in the Online Store, the Administrator shares the collected personal data with the selected carrier or intermediary handling shipments on behalf of the Administrator.
W the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator shares the Customer’s collected personal data with the selected entity processing such payments in the Online Store.

12.4. The Service Recipient/Customer has the right to access and correct their data. A request in this regard may be submitted, for example:

in writing to the following address: Żółtki Kolonia 38A, 16-070 Choroszcz;
online via email at: reklamacje@wingsbrand.com;

12.5. Providing personal data is voluntary; however, failure to provide the personal data specified in the Terms and Conditions that is necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services will result in the inability to conclude such an agreement. The data necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services is also indicated each time on the Online Store’s website prior to the conclusion of the relevant agreement.

13. REVIEWS W THE ONLINE STORE

13.1. Customers of the Online Store may voluntarily and free of charge submit feedback regarding purchases made in the Online Store. Such feedback may also include a rating, photo, or review of a product purchased in the Online Store.
13.2. After purchases are made in the Online Store, the Seller provides the data necessary to create an email invitation to the company handling the survey process. The sending of surveys and the process of collecting feedback via forms is fully managed by TrustMate SA, located at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends the Customer an email requesting a review and including a link to the online form for submitting it—the online form allows the Customer to answer the Seller’s questions regarding the purchase, rate the purchase, add a personal description of the review, and upload a photo of the purchased product. W a review is not submitted after receiving the first invitation to submit a review, TrustMate may resend the invitation.
13.3. A review may only be posted by a Customer who has made a purchase in the Seller’s Online Store.
13.4. Reviews posted by the Customer are published by the Seller on the Online Store and on the TrustMate.io profile.
13.5. The posting of reviews may not be used by the Customer for unlawful activities, in particular for activities constituting unfair competition against the Seller, or activities infringing upon personal rights, intellectual property rights, or other rights of the Seller or third parties.
13.6. Reviews may only be posted for products actually purchased in the Seller’s Online Store. It is prohibited to enter into fictitious or sham sales contracts for the purpose of posting a review. The Seller or its employees, regardless of the basis of their employment, may not be the authors of reviews.
13.7. A review may be deleted by its author at any time.

14. FINAL PROVISIONS

14.1. Contracts concluded through the Online Store are concluded in Polish.

14.2. Amendment of the Terms and Conditions:

The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in legal regulations; changes in payment and delivery methods—to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
W the event that contracts of a continuing nature (e.g., provision of an Electronic Service—Account) are concluded pursuant to these Terms and Conditions, the amended Terms and Conditions shall be binding on the Service Recipient if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. W the event that a change to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient, as a consumer, has the right to withdraw from the contract.
W the event that contracts other than continuing contracts are concluded pursuant to these Terms and Conditions (e.g., a Sales Agreement), changes to the Terms and Conditions will in no way infringe upon the rights acquired by Service Recipients/Customers who are consumers prior to the effective date of the changes to the Terms and Conditions; in particular, changes to the Terms and Conditions will not affect Orders already placed or submitted, or Sales Agreements that have been concluded, are being fulfilled, or have been performed.

14.3. W matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded on or after December 25, 2014, with Customers who are consumers—the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.