Terms and conditions
- Preliminary Provisions
- Definition of Basic Terms
- Purchase Agreement
- Rights Associated with Defective Performance
- Order Cancellation
- Purchase Price and Reservation of Ownership Rights
- Payment Terms
- Payment Methods
- Withdrawal from the Purchase Agreement
- Complaint Procedure
- Personal Data Protection
- Sending of Commercial Messages and Storing Cookies
- Concluding Provisions
I. Preliminary Provisions
These Business Terms and Conditions govern the purchases of goods and services made via the e-shop located on the website www.nicewoodboards.com, which is operated by nicewoodboards.com, ul. Zarnowki 10, 34-312 Miedzybrodzie Bialskie, a company recorded in Polish commercial register…
These Business Terms and Conditions define and specify in more detail the following:
The rights and obligations of both the Seller (as defined below) and the Buyer (as defined below).
All contractual relationships are entered into in accordance with the legal code of Poland.
II. Definition of Basic Terms
nicewoodboards.com, ul. Zarnowki 10, 34-312 Miedzybrodzie Bialskie, a company recorded in Polish commercial register
The internet shop operated by the Seller on the website www.nicewoodboards.com.
For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be either an agreement for the purchase of goods or an agreement for the provision of services.
Any e-shop customer who purchases the Seller’s Goods and/or Services.
Business Terms and Conditions
These Business Terms and Conditions, always in the valid version published as of the day an Order is placed via the E-shop.
An order place by the Buyer via the Seller’s website.
A PDF file or code that the Buyer shall use as the entry ticket for the purchased Service or authorising the Buyer to collect the ordered Goods.
Any of the services, consisting primarily of guided educational tours, which are offered via the E-shop and which the Seller provides to the Buyer.
A consumer is any individual enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade.
Any of the tangible movable items, sport equipment and other items offered for sale via the Seller’s E-shop, which the Seller sells to the Buyer
III. Purchase Agreement
1. Purchase Agreement originating at the time the Buyer places an Order: The Seller advertises Goods and Services on the E-shop website. A Purchase Agreement originates at the time the Buyer submits an Order and this Order is accepted by the Seller. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address as specified in the Order. The Purchase Agreement may be modified or cancelled only on the basis of a mutual agreement between both parties or for legal reasons.
2. Prior to the submission of the Order to the Seller, the Buyer has the opportunity to check and modify the information that they have entered on the Order, including the ability of the Buyer to identify and correct any errors made at the time that the data was entered. The Buyer submits the order to the Seller by clicking on the ‘Create Order’ icon.
3. The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made.
The costs incurred by the Buyer for using any means of remote communication associated with entering into the Purchase Agreement (namely the cost of an internet connection and the cost of phone calls) shall be borne by the Buyer.
4. All of the presentations of the Goods and Services published on the website are for informational purposes only and the Seller is not obliged to enter into a Purchase Agreement for these Goods and Services.
5. Binding Nature of the Business Terms and Conditions. The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express their consent with the Business Terms and Conditions prior to submitting their Order. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions.
IV. Rights Associated with Defective Performance
1. The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations of Polish law.
2. The Seller is liable to the Buyer that the item will be without any defects at the time it is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
– The Goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the Goods, and on the basis of the advertisement of the Goods.
– The Goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of Goods is generally used.
– The Goods are provided in the appropriate quantity, size, and/or weight.
– The Goods are in compliance with the requirements laid down in legal regulations.
3. If the item does not have the characteristics specified above, the Buyer has the right to request the delivery of a new defect-free item, under the condition that this expectation is reasonable taking into account the nature of the defect. However, if the defect is associated with only one component of an item, the Buyer has the right to request the replacement of only this component. If this is not possible, the Buyer has the right to withdraw from the Purchase Agreement. If, however, taking into account the nature of the defect, this is not reasonable, particularly if the defect can be removed without any undue delay, the Buyer has the right to the removal of the defect free of charge. The Buyer has the right to a new item or to the replacement of a single component, even in the case of a removable defect, if the item cannot be properly used due to the repeated occurrence of the defect after it has already been previously repaired or if there are multiple defects. In these situations, the Buyer also has the right to withdraw from the Purchase Agreement.
4. If the Buyer does not withdraw from the Purchase Agreement and the Buyer does not exercise the right to the delivery of a new defect-free item, the replacement of a component, or the repair of the item, the Buyer may request a reasonable discount. The Buyer also has the right to a reasonable discount in the event that the Seller is not able to deliver a new defect-free item, to replace a component, or to repair the item, as well as in the event that that the Seller does not correct the defect within a reasonable period of time or if the Buyer would experience significant difficulties as a result of the arrangements for the repair.
5. If a defect appears within the first six months after the item is accepted, it is understood that the item was already defective at the time it was accepted.
6. The Buyer shall exercise the rights associated with defective performance at the Seller’s operating premises located at ul. Zarnowki 10, 34-312 Miedzybrodzie Bialskie, Poland. It is understood that the right to make a complaint is exercised immediately at the time when the Seller receives the Goods that are the subject of the complaint from the Buyer.
7. If the Buyer exercises the rights associated with defective performance, the Seller shall confirm the date on which this right is exercised as well as the repairs that are made and the elapsed time in writing (using the Official Complaint Form that should be sent to seller via email. The Official Complaint Form will be issued and given to the Buyer at the time the item is taken over for complaint processing. If it is possible to submit a complaint about the item via the internet, the Official Complaint Form will be sent to the Buyer’s e-mail.
V. Order Cancellation
The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order in the following situations:
If the full purchase price or any part thereof has already been paid, this amount will be refunded to the person who paid it.
VI. Purchase Price and Reservation of Ownership Rights
The current price of the Goods and Services, inclusive of VAT, is always specified on the Seller’s website. The price of the Goods and Services specified on the Seller’s website on the day the Order is placed is always used to determine the final price of the Goods for the final Buyer. The Buyer acquires the ownership rights to the delivered goods only after the purchase price for the Goods has been paid in full.
VII. Payment Terms
The Seller reserves the right to change the price of the Goods and Services. The price valid at the time the Order is placed (i.e. the current price specified at that time on the Seller’s website) remains valid until such time that the Purchase Agreement is made. The Buyer (final Buyer) is obliged to pay the purchase price for the Goods by no later than the day on which the Goods are taken over.
VIII. Payment Methods
The payment method options are as follows:
- Payments in cash are accepted only at the tourist information centres operated by the Seller;
- Electronic funds transfers using the Pay U payment system.
IX. Delivery Terms
1. Delivery Timeframe
The Goods will be delivered according to the availability of the product and the Seller’s operational abilities within the shortest possible timeframe, generally within 2-4 weeks. If the Service or Goods are paid for by means of an electronic funds transfer, a Voucher will be delivered to the Buyer’s e-mail as specified in the Order.
2. Delivery Location
The delivery location is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The tax document (invoice) is sent to the e-mail specified in the Order.
3. Transport of the Goods
The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer. The prices for transport are specified inclusive of VAT.
4. Transport methods:
X. Withdrawal from the Purchase Agreement
1. Order Cancellation
The Buyer and the final Buyer have the right to cancel the Order at any time prior to the shipment of the goods or the dispatch of the Voucher without any penalties applied on the part of the Seller. Due to the Seller’s automated system it is not possibly to modify or change any Orders that have been completed and submitted.
2. Consumer’s Withdrawal from a Purchase Agreement Entered into via Remote Communication
2.1 Consumer may withdraw without cause from the Purchase Agreement within fourteen (14) days of the date the Goods or the Voucher are taken over and there will be no penalties applied. In such situations the Consumer shall contact the Seller in writing at the Seller’s place of business or via an e-mail sent to email@example.com, wherein the consumer specifies that they are withdrawing from the a Purchase Agreement, the Order number, the date of purchase, and the bank account number to which the refund is to be sent.
2.3. If the Consumer exercises their right to withdraw from the Purchase Agreement within fourteen (14) days of the date the Goods or the Voucher are taken over, the Consumer must return to the supplier everything that they obtained on the basis of the Purchase Agreement. The Consumer undertakes to send the Goods to the Seller’s address. The Goods that the Consumer sends back to the Seller’s address on the basis of their withdrawal from the Purchase Agreement must not show any sign of use, they must be undamaged and complete (including all accessories, the warranty certificate, instructions, etc.), and the original purchase document must be included.
2.4. In the event that withdrawal from the Purchase Agreement takes place in accordance with Point 2. of the Business Terms and Conditions, the entire Purchase Agreement is cancelled from the beginning. The Goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Consumer withdraws from the Purchase Agreement, the Consumer bears all of the costs associated with returning the goods to the Seller, even if the goods cannot be returned by standard post due to their nature.
2.5. In the event that the Consumer withdraws from the Purchase Agreement according to the preceding paragraphs, the Seller shall refund the monies accepted from the Consumer within fourteen (14) days of the date on which the Consumer withdraws from the Purchase Agreement (with the exception of any additional amounts associated with the delivery of the Goods or Voucher resulting from the fact that the Consumer selected a delivery option for the Goods or the Voucher that is different from the cheapest standard delivery method offered by the Seller). The monies will be refunded using the same method in which the Seller received them from the Consumer, unless the Consumer specifies otherwise. If the Consumer withdraws from the Purchase Agreement, the Seller is not obliged to refund the received monies to the Consumer prior to the time that the Consumer returns the Goods to the Seller or provably demonstrates that the Goods were sent to the Seller.
2.6. In the event that the notice of withdrawal from the Purchase Agreement is not sent to the Seller within fourteen (14) days after taking over the Goods or the Voucher, the withdrawal from the Purchase Agreement is invalid.
2.7. If the Goods are returned to the Seller in a damaged or incomplete condition or with their value reduced in any other way, even as a result of standard use, the Seller has the right to request the Consumer for compensation for the decreased value of the returned Goods. This in no way affects the Consumer’s right to withdraw from the Purchase Agreement without any penalties. Damage to the original packaging, resulting from the unwrapping of the Goods may not be considered to be a reduction in the value of the Goods.
3. The Consumer does not have the right to withdraw from the Purchase Agreement in, among other cases, the following situations:
– The Service that is the subject of the agreement was provided with the Consumer’s explicit consent prior to the expiration of the allowable withdrawal period; or
– The Goods were delivered in sealed packaging from which the Consumer removed the Goods and it is not possible to return the Goods for hygienic reasons.
The Seller provides a twenty-four (24) month warranty for the Goods sold via the E-shop whereby the warranty period starts at the time the Goods are taken over by the Buyer.
Excluded from coverage under this warranty are the following:.
a) Damage caused by misuse, abuse or neglect.
b) Damage caused by rocks or any other impact related damage.
c) Damage caused by improper mounting or adjustment of the bindings
d) Damage caused from chairlift breakage
e) Normal wear and tear.
f) Damage caused by anything other than defects in material or workmanship.
XII. Complaint Procedure
1. In the interest of speeding up the complaint procedure, the Buyer should contact the Seller in advance by sending an e-mail to firstname.lastname@example.org. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than thirty (30) calendar days of the date the complaint is lodged.
1.1. The Buyer shall send the Goods that are the subject of the complaint to the Seller’s service location at the following address: ul. Zarnowki 10, 34-312 Miedzybrodzie Bialskie, Poland at which both warranty and post-warranty service for the Goods is provided.
1.2. After the Seller receives the Goods that are the subject of the complaint, the Seller shall immediately send the Official Complaint Form to the Buyer at the Buyer’s e-mail as specified in the Order or provided by the Buyer at the time the complaint is lodged.
1.3. In the case of an acknowledged complaint, in a situation where it is not possible to replace the Goods or to remove the defect, the monies paid for the Goods, including the amount of shipping and packing costs, will be credited to the Buyer’s account (with the exception of any additional amounts associated with the delivery of the Goods resulting from the fact that the Consumer selected a delivery option for the Goods that is different from the cheapest standard delivery method offered by the Seller).
1.4. The timeframe for processing the complaint shall be interrupted in the event that the Seller does not receive all of the supporting materials required for processing the complaint (namely any part of the Goods, other documentation). The Seller is obliged to request the Seller to provide additional materials within the shortest possible timeframe after the Buyer lodges the complaint. The processing timeframe is interrupted starting at the time this request is made until such time that the Buyer delivers the requested materials.
1.5. The Seller shall notify the Buyer that the complaint has been processed by sending an e-mail to the address specified in the submitted Order or provided by the Buyer at the time the complaint is lodged.
2. In the event that, at the time the item is taken over by the Buyer, the item does not conform with what is specified in the Purchase Agreement, the Buyer has the right to request the Seller to bring the item into a state that conforms with the Purchase Agreement free of charge and without undue delay, according to the Buyer’s requirements, either by replacing the item or repairing the item. If this is not possible, the Buyer has the right to request a reasonable discount from the price of the item or to withdraw from the Purchase Agreement. This does not apply if the Buyer knew of the defect prior to taking over the item or if the Buyer caused the defect.
XIII. Personal Data Protection
1. The personal data of a Buyer (individual) and any individuals representing a Buyer (legal entity) are stored in accordance with the valid legislation of Poland, on the protection of personal data, as amended.
2. At the time that the persons named in the preceding paragraph enter into a Purchase Agreement, they agree that their personal data may be collected and processed in the Seller’s database. This consent may be revoked at anytime in writing.
3. The personal data will be stored and collected solely for the purposes of entering into the Purchase Agreement, the delivery of the Goods and/or Services in accordance with the Purchase Agreement, the processing of complaints and any related tasks, and for the Seller’s archival purpose for maintaining information about completed sales. The data may also be used for the purpose of providing possible discounts and other benefits to the Seller’s customers.
4. The customer’s personal data is fully protected against misuse. The Seller shall not provide the personal data of its customers to any third parties. The Seller may provide only the personal data that is required for the delivery of the goods to the transporter.
5. Once a Purchase Agreement is made, it is archived by the Seller in electronic format and is accessible only to the Seller and to the Buyer upon request.
XIV. Sending of Commercial Messages and Storing Cookies
1. The Buyer agrees that information regarding the Goods, Services, and the Seller’s business as well as the Seller’s commercial messages may be sent to the Seller’s e-mail.
2. The Buyer agrees that cookies may be stored on their computer. If it is possible to make a purchase via the website and if the Seller is able to fulfill their obligations ensuing from the Purchase Agreement without storing cookies on the Buyer’s computer or other comparable equipment, the Buyer has the right to revoke the consent granted on the basis of the previous statement at any time.
XV. Concluding Provisions
All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of Poland, these Business Terms and Conditions, an any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Business Terms and Conditions become invalid or unenforceable, this shall have no effect on the validity and enforce ability of the remaining provisions contained in these Business Terms and Conditions.
These Business Terms and Conditions allow the Buyer to make copies and to archive them. Immediately at the time that the Purchase Agreement is made, the Buyer accepts all of the provisions of the Business Terms and Conditions that are valid on the date when the Order is submitted, including the price of the ordered Good(s) and/or Services as specified in the confirmed Order, unless it has been provably agreed otherwise.