Terms & conditions of distance sales and providing services by electronic means
The terms used herein have the following meaning:
Shop Owner / Seller: B2B SERVICE Sp. z o. o. with its registered seat in Stara Iwiczna, at Nowa 17 Street, 05-500 Piaseczno, and with registered trademark MANUFAKTURA HOLZ & WOOD.
Shop: MANUFAKTURA HOLZ & WOOD Online Shop available at the following website: https://holzandwood.de.
Product: an article made of wood and auxiliary materials, such as furniture boards, chipboards, MDF/HDF boards, lightweight boards, blockboard and complementary elements made of other raw materials (glass, metal etc.) and other articles complementary to the Seller’s offer.
Terms & Conditions: the following Terms and Conditions of distance sales and providing services by electronic means.
Client: any natural person, legal person or organizational unit with no legal personality but which is granted legal capacity under the provisions of law.
Consumer: the Client performing a legal act not directly related to his trade or profession.
Entrepreneur: the Client conducting business activities within the meaning of the Act of 2 July 2004 on freedom of economic activity (consolidated text: Journal of Laws of 2010, No. 220, item 1447 with amendments) or an entity other than the Consumer.
Order: a declaration of will to enter into a contract of sale via the Shop and/or by electronic means.
Purchase for personal use: a purchase of a Product made by the Consumer acquiring a Product for purposes not related to business activities.
Purchase for commercial use: a purchase of a Product made by the Entrepreneur or an entity other than the Consumer.
Business days: days from Monday to Friday, except public holidays.
Client Account: a subpage available for Clients after providing an e-mail address and a password, designed to manage personal data, submit orders, track order status etc.
§ 1 General provisions
1. These Terms and Conditions have been drawn up under the provisions of Polish law. Any issues concerning the use of the MANUFAKTURA HOLZ & WOOD Online Shop, available at https://holzandwood.de, shall be regulated by these Terms and Conditions along with the provisions of Polish law.
2. The Client may contact the Seller on business days from 8.00 am to 4.00 pm quickly and effectively, in particular:
a. via e-mail at the following address: email@example.com;
b. via the contact form available at https://holzandwood.de in the “Write to us” section;
c. by phone on +48 663 183 000 or +48 663 628 000;
d. personally or in writing at Nowa 17 Street, Stara Iwiczna, 05-500 Piaseczno.
§ 2 Types and scope of services provided via electronic means
1. The Shop Owner sells the Products via the MANUFAKTURA HOLZ & WOOD Online Shop.
2. Electronically supplied services shall consist of enabling the use of the MANUFAKTURA HOLZ & WOOD Online Shop for the purpose of concluding a sale agreement and its performance.
3. The agreement on providing services by electronic means shall be concluded for an unfixed term.
4. Orders may only be submitted after a registration, in a manner specified in § 5.
5. Orders based on individual offers may be submitted via electronic means without prior registration, having regard to the provisions of § 4 section 4.
6. The Client who registered successfully may submit an order after logging into the account by providing an e-mail address and a password.
7. Orders shall be processed in Poland. International shipment is possible. In such cases, individual terms and conditions for sale and shipment shall be agreed with the Client.
8. Current shipping costs are available at https://holzandwood.de in the “Shipping rules and costs” section.
§ 3 General conditions for the provision of services by electronic means
1. In order to take advantage of services provided pursuant to these Terms and Conditions, the Client shall have access to:
a. a web browser: Internet Explorer version 7.0 or higher; Mozilla Firefox version 46 or higher; Chrome (all versions); Opera version 2 or higher or other web browsers with similar technical parameters;
b. a valid e-mail address.
§ 4 Signup, general terms for conclusion and termination of agreements for providing services by electronic means
1. Following registration, an individual Client’s Account is created.
2. In order to register, the Client shall fill the registration form. In case the form is filled by the Consumer, to accomplish the registration process, the following data shall be provided:
a. first name and last name;
b. street and house number;
c. zip code and city;
e. valid e-mail address and password.
in case the form is filled by the Entrepreneur:
a. company name;
b. NIP no.;
c. street and house number;
d. zip code and city;
f. valid e-mail address and password.
3. Clicking the button “Create account” after providing required data shall finish the registration process, constitute the confirmation of data provided in the registration form and conclude the agreement for providing services by electronic means.
4. In case of the Order being based on an individual offer, individual Client’s account may be created by the Shop personnel, provided that the Client accepts the offer containing, inter alia, information concerning these Terms and Conditions. Acceptance of the offer shall be treated as the moment of conclusion of the agreement. The customer service shall send the confirmation of the account registration via e-mail.
5. The Shop Owner may refuse to register the account under the circumstances referred to in section 10.
6. The Client may appeal against the decision on the refusal to register the account by filing a complaint in a manner specified in § 10 within 14 days.
7. The Client may terminate the agreement for providing services by electronic means at any time.
8. The Shop Owner may terminate the agreement for providing services by electronic means on condition that the Client is inactive, in particular when the Client has not submitted an order or has not logged into the Client’s account within 2 years since the last activity.
9. Termination of the agreement by either party as well as by mutual consent is tantamount to blocking the access to the Client’s account and its deletion.
10. The Shop Owner may terminate the agreement for providing services by electronic means on condition that:
a. the purpose of registration or the way of using the Shop’s services is strictly against the rules and the purpose of the Shop;
b. the Client’s activity is against the principles of social coexistence, incites to violence or committing offense and violates the rights of third parties;
c. received an official notice concerning the unlawful nature of provided data and related activities;
d. the Client seriously or persistently violates the provisions of these Terms and Conditions;
e. personal data provided by the Client raise justified doubts about their truthfulness and reliability and the clarification via phone or e-mail was not possible.
11. Justified doubts referred to in section 10 shall be understood in particular as providing false data such as city name, street name, addressee personal data (e.g. fictional characters).
12. The notice of termination of the agreement for providing services by electronic means shall be sent by the Shop Owner to the e-mail address provided during the registration process. Termination of the agreement for providing services by electronic means shall result in permanent deletion of the Client’s account.
13. The notice of termination of the agreement for providing services by electronic means may by submitted by the Client via e-mail to the following address: firstname.lastname@example.org.
14. Termination of the agreement by either party as well as by mutual consent shall not affect sale agreements already concluded, unless otherwise agreed by the parties.
15. In cases specified in sections 8 and 10 the notice period shall be 14 days.
§ 5 General conditions of sale
1. The Owner of the Shop sells the Products featured at the MANUFAKTURA HOLZ & WOOD Online Shop available at https://holzandwood.de.
2. Parties to the sale agreement concluded via the MANUFAKTURA HOLZ & WOOD Online Shop are: the Seller and the Client.
3. The sale agreement may be concluded with the registered Client (having the Client’s account). The Order based on an individual offer may be submitted via e-mail without prior registration, having regard to the provisions of § 4 section 4.
4. Any information concerning Products and prices available on the Shop’s websites shall not be viewed as the offer within the meaning of Art. 66 § 1 of the Polish Civil Code of 23th April, 1964 and shall constitute solely an invitation to conclude an agreement within the meaning of Art. 71 of the Polish Civil Code.
5. The Seller reserves the right to change prices of the Products available in the Shop. Price changes shall not affect sale agreements already concluded and orders already submitted by the Clients.
6. The Seller reserves the right to withdraw any Product from the Shop. Any offer changes shall not affect sale agreements already concluded and orders already submitted by the Clients.
7. The agreement shall be concluded when the Client places an order, the processing of which is confirmed by the Seller subject to sections 11-13 or when the Client accepts the offer sent by the Seller. A detailed description of the procedure of concluding of the sale agreement is stipulated in sections 9-13.
8. Orders placed at https://holzandwood.de are accepted 24 hours a day, year round. Orders placed on business days after 4:00 pm, Saturdays, Sundays and holidays shall be processed the following business day.
9. Placing an order at the Shop’s website constitutes the purchase offer within the meaning of Art. 66 § 1 of the Polish Civil Code that shall be binding and valid for 5 days and consist of the following activities:
a. choosing the Products available;
b. adding them to cart;
c. choosing the method of payment and shipping;
d. logging into the Client’s account, unless the Client has already logged in;
e. clicking the “Order and pay” button;
f. the order number (available at the Shop’s website) and an automatic e-mail sent to the Client’s e-mail address shall be viewed as the confirmation of successfully submitted order;
g. in case the Client has not received the order number or the confirmation e-mail, the Shop Owner is to be contacted.
10. In response to the submitted order the Seller sends the message to the e-mail provided by the Client within 3 business days in order to:
a. accept the order (the offer) – changing the order status to “Order accepted” – in such a case the submission of the order shall be viewed as the moment of conclusion of the agreement;
b. refuse to accept the order (the offer) - changing the order status to “Order cancelled” – in such a case the agreement is not concluded;
c. propose changes, a so-called counter-offer – in such a case the acceptance of the counter-offer by the Client is necessary to conclude the agreement.
11. Presenting the Client with the counter-offer referred to in section 10.c may be caused by factors such as: a shortage of Products in the Shop’s or supplier’s store, lack of production capacity etc.
12. A counter-offer referred to in section 10.c shall be binding for the Seller within 3 business days. After that time the counter-offer expires. Accepting the counter-offer by the Client during its validity period (3 working days) leads to concluding the sale agreement under the conditions defined in the counter-offer.
13. All prices presented on the websites of the MANUFAKTURA HOLZ & WOOD Online Shop are given in PLN or in EUR (calculated on the basis of NBP PLN/EUR exchange rate), in case of foreign language versions of the Shop, and include VAT. Given prices do not include shipment costs which should be incurred by the Client, unless otherwise stipulated in the sale agreement. Shipment costs shall be provided at the latest prior to clicking the “Order and pay” button.
14. E-mail contact from the Seller as mentioned in section 10 is also a chance to correct erroneously provided personal data or order submission, if necessary. Any later order modifications may be difficult due to the fact that since the moment of sale agreement conclusion the order is processed and may already be in the course of the production process or en route to the Client. Nevertheless, the Seller declares that the Shop personnel will make every effort to enable the Client to change shipment details even after the sale agreement conclusion. Any changes concerning shipment details, order content or payment method can be declared via e-mail to email@example.com.
15. The Seller may at any time verify the correctness and veracity of the data provided by the Client. The Seller has the right to withdraw from the sale agreement within 10 business days from the date of the agreement conclusion in situations referred to in § 4 section 10.f.
16. In case the order has not been paid within 5 business days and no other payment date has been fixed with the Client, the Seller may withdraw from the sale agreement within 10 business days from the sale agreement conclusion date.
17. A self pick-up is possible at the address specified on the https://holzandwood.de in the “Contact” section, however it should be agreed with the Shop Owner at least one day in advance via e-mail or telephone.
18. The Shop Owner commits to process the Order not later than the last day of the provided shipment date individually for every Product in the “Shipping” section. Time limit runs from the date specified in § 8 sections 3-6.
19. It is recommended for the Client to check whether the package bears traces of opening or damage at the moment of delivery, in the presence of the courier. In case such traces are discovered, it is recommended for the Client to make a proper report with the courier and inform the Shop Owner at the given e-mail address firstname.lastname@example.org. In case the content of the package has not been examined in the presence of the courier (only if the package did not bear traces of opening or mechanical damage such as deformation, crushing or cracking), the Client may demand from the courier who delivered the package to make a defect report immediately, however not later than within 7 days from delivering the package.
20. In case a courier company returns the goods sent to the Client, the Seller may pass on the Client all the costs incurred (costs of shipping/returning the goods) providing that due to the circumstances for which the Client is responsible:
a. the Client has not accepted or has refused to accept the shipment (at the address provided in the Order) during working hours of the deliverer (on business days from 8.00 am to 4.00 pm);
b. the Client has provided an incorrect postal address;
c. other unjustified purposes.
21. The Shop Owner sends the ordered Product via a delivery company. During the transport, the Product is insured for the total worth of the order and the packages are marked with proper warning symbols.
22. A current price list is available at the webpage https://holzandwood.de in the “Shipping rules and costs” tab.
§ 6 Right to withdraw from the agreement
1. Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) the Client who is a Consumer has the right to withdraw from the sale agreement without giving reasons within 14 calendar days from the moment the Client or any third party other than a deliverer and indicated by the Client comes into the possession of the goods. Sending the notice before the expiration of the time limit shall be regarded as respecting the time limit.
2. Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) the Client who is a Consumer has the right to withdraw from the agreement for providing services by electronic means without giving reasons within 14 calendar days from the agreement conclusion in accordance with § 4 sections 3-4. Sending the notice before the expiration of the time limit shall be regarded as respecting the time limit.
3. The withdrawal shall be made through submitting the notice of withdrawal from the agreement using the form (Withdrawal from the agreement form is attached as Appendix no. 1 to this Terms and Conditions) and sending it by any means, in particular:
a. via e-mail to email@example.com;
b. in writing to Nowa 17 Street, Stara Iwiczna, 05-500 Piaseczno.
4. The Seller immediately sends the Consumer the confirmation of receiving the declaration of will to withdraw from the sale agreement on the e-mail address provided by the Consumer.
5. The Consumer has the right to withdraw from the agreement without incurring any costs except:
a. costs incurred by the Consumer in relation to the method of shipment chosen other than the cheapest, usual method offered by the Seller, and
b. direct costs of returning the goods (shipping costs),
c. costs of return, if due to the character of the goods the usual method of shipment is not possible. The average cost of a courier delivery is approx. 500 PLN.
6. The right to withdraw from the distant sale agreement referred to in section 10 shall not be granted to the Client with respect to the following agreements:
a. for providing services, if the Seller has provided the service upon the explicit approval of the Consumer, who had been informed about the loss of the right to withdraw from the agreement after the performance provided by the Seller;
b. in which the price or remuneration depends on fluctuations in the financial market beyond the control of the Seller and which may occur before the expiration of the notice period;
c. in which non-prefabricated goods, made to the consumer’s specifications and requirements constitute the object of the agreement;
d. in which the goods that become by their nature permanently combined with other articles after the delivery constitute the object of the agreement;
e. in which the Consumer explicitly demands the Seller’s arrival in order to make any urgent repairs or maintenance, if the Seller additionally provides services other than those demanded by the Client or provides goods other than spare parts necessary for repairs of maintenance. The Consumer shall have the right to withdraw from the agreement with respect to any additional services or goods;
f. concluded by means of a public auction;
g. for providing accommodation services related to purposes other than residential, freight transportation, car renting, gastronomy and services related to recreation, entertainment, sport or cultural events, if a specific date or period of performance is stated in the agreement.
7. If the Consumer withdraws from the agreement, the Consumer shall be obliged to return the goods immediately, i.e. within 14 days to the Shop’s address. The Consumer may also return the goods by handing them to the person authorized by the Seller within time limits mentioned above. Sending the goods before the expiration of the time limit shall be regarded as respecting the time limit.
8. The Consumer shall incur any direct costs of returning the goods (shipping costs), choosing appropriate means of transport so that the goods reach the Seller with no harm inflicted.
9. The Consumer is responsible for the diminishing of the value of the goods as a result of using them in a manner exceeding what is necessary to establish the nature, characteristics and the functioning of the goods.
10. The Seller shall return to the Consumer all costs incurred including shipment not later than within 14 days from receiving the termination notice, having regard to section 5. The Seller returns the money to the Consumer using the same payment method the Consumer used, unless the Consumer explicitly agreed on a different return method not leading to any additional costs.
11. The Seller may withhold reimbursement to the Consumer until receiving the goods back or the proof of postage, whichever occurs first.
12. The Seller does not accept any COD deliveries.
§ 7 Rights and obligations of the parties
1. The Shop Owner shall make every effort so that the Shop along with all other services provided by its means work continuously and without any interference.
2. The Shop Owner reserves the right to interfere with technical structure of the Client’s account in order to identify any malfunctions of the Shop.
3. The Shop Owner reserves the right to temporarily, however for not longer than 72 hours, shut down the Shop in order to apply improvements, add new services or perform maintenance; the Shop Owner shall inform the registered clients with sufficient advance.
4. The Client shall be obliged to update any details given during the registration process in case of their change.
5. The Client shall be obliged to keep in secret, safeguard and prevent from access of unauthorized third parties the login and the password to the Client’s account.
6. Any illegal content shall not be conveyed by the Client involving the Shop.
§ 8 Payments
1. Payments may be made in the following manners:
a. by bank transfer to the bank account of the Seller – within 5 days from the conclusion of the sale agreement – unless a different date has been fixed with the Client;
b. by cash - within 5 days from the conclusion of the sale agreement - unless a different date has been fixed with the Client;
c. by bank transfer or by card via electronic payments supported by Przelewy24 service – it is advisable to refer to terms and conditions of this service prior to using electronic payments;
d. on the installment plan supported by Przelewy24.pl service - it is advisable to refer to terms and conditions of this service prior to using the installment plan;
2. Transfer details:
B2B SERVICE Sp. z o. o.
Nowa 17 Street, Stara Iwiczna
Account no.: Idea Bank SA
58 1950 0001 2006 0344 3767 0002
3. In case of the bank transfer to the Seller's bank account, the Order shall be processed as soon as the payment is booked.
4. In case of payment by cash, the Order shall be processed as soon as the payment is made at the cash desk of the Seller.
5. In case of electronic payments, the Order shall be processed as soon as the confirmation of payment is received.
6. In case of the instalment plans, the Order shall be processed as soon as the confirmation of the credit/loan agreement is received.
7. Details concerning the methods of payment are available at https://holzandwood.de in the “Payments” section.
§ 9 Privacy law
2. The MANUFAKTURA HOLZ & WOOD Online Shop is the personal data administrator who shall process the personal data provided by the Clients pursuant to the provisions of the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926 with further amendments) and the Act of 18 July, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 with further amendments).
3. The Shop Owner shall enable the Clients to exercise the rights arising from the Act on the protection of personal data. The Client has the right in particular to access, modify, correct and delete the personal data provided.
4. Exercising the right to delete the personal data from the Shop’ system is tantamount to unregistering the Client and termination of the agreement.
5. Data sets collected by the Shop Owner has been reported to and successfully verified by GIODO.
§ 10 Complaints
1. The Seller is obliged to deliver the goods free from any defects.
2. The Client has the right to submit a warranty claim concerning the performance of either the sale agreement or agreement for providing services by electronic means. In case of any defects of the Product sold, the Seller shall be liable in particular pursuant to the provisions of Art. 556 and Art. 5561-5563 of the Polish Civil Code.
3. The Client shall have the right to submit a warranty claim or a claim based on the statutory warranty for defects.
4. Claims based on the statutory warranty for defects should be submitted on the form attached as Appendix no. 4 to these Terms and Conditions, however it shall not be treated as a requirement for the complaint processing. The form consists of:
a. purchase date;
b. proof of purchase number;
c. personal data of the claimant, i.e. first name and last name, postal address, telephone number, e-mail address;
d. location data of the Product advertised;
e. defect recognition date;
f. description of defects;
g. claim selection;
h. “Damage report” filled by the courier confirming the defect.
5. Observing the provisions of section 4 will facilitate and improve the complaint processing.
6. Claims based on the statutory warranty for defects shall be processed within 14 days from the submission date.
7. The warranty card specifying warranty conditions is attached as Appendix no. 3 to these Terms and Conditions.
8. The warranty claim shall be submitted on the completed form (the warranty claim form is attached as Appendix no. 4 to these Terms and Conditions).
9. Any complaints shall be processed pursuant to the provisions of a warranty card.
§ 11 Final provisions
1. The provisions of the Polish law shall apply to all cases which are not regulated in these Terms and Conditions.
2. In case of any dispute arising from the performance of the agreement concluded on the basis of the Terms and Conditions, the parties commit to settle the dispute amicably and in good faith.
3. In case the settlement specified in section 2 cannot be reached, any disputes shall be settled by the court competent for the place of the Shop Owner registered seat. The above shall not apply to disputes to which the Consumer is a party. The Client may recourse to out-of-court complaint resolution and redress procedures (mediation, arbitration court). Notwithstanding the above the Client may seek assistance from the Municipal or County Consumer Ombudsmen. Any necessary information may be found at the Office of Competition and Consumer Protection website: www.uokik.gov.pl.
4. The Shop Owner shall notify the registered Clients about any amendments to the Terms and Conditions via e-mail. In such a case the Client may terminate the agreement within 14 days. Amendments shall enter into force along with the expiration of the notice period. Any amendments to the Terms and Conditions shall be effective upon the date of expiration of the notice period. To the orders placed prior to the entry of the amendments, the Terms and Conditions in the wording applicable at the time of the order submission shall apply.
5. On the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, we inform that the platform for online dispute resolution between consumers and traders at EU level (the ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a website with a one-stop-shop for consumers and traders seeking the out-of-court resolution of disputes concerning contractual obligations resulting from online sales agreements and agreements for providing services.
Verkaufsbedingungen gilt ab den 2017/06/13