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§1 General provisions

  1. The Seller shall provide the Services in accordance with the Regulations and the provisions of generally applicable law.
  2. The Services are provided through the Store’s website 24 hours a day and 7 days a week.
  3. The Seller makes these Regulations available on the Store’s website and may make them available in the Customer’s Account or include them as an attachment to e-mails containing statements of acceptance of Customers’ offers. Customers may at any time: access the Rules and Regulations, record them, obtain and reproduce them by printing or saving them on a data carrier.
  4. The information provided on the Store’s website does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code Act, but only an invitation to customers to submit offers to conclude a contract, in accordance with Article 71 of the Civil Code Act.
  5. In order to use the Store, it is necessary for the Customer to have a data communication device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, with JavaScript enabled, as well as an active and correctly configured e-mail account.
  6. The use of the Store may involve the Customer incurring charges for Internet access and data transmission, to the extent established by agreement with the telecommunications operator whose services the Customer uses.

§2 Account registration in the store

  1. The Customer Account Service Agreement is concluded for an indefinite period of time when the Seller confirms the registration of the Customer Account.
  2. The subject of this Customer Account Service is the provision of a Customer Account panel that allows, among other things, the management of Customer data and orders.
  3. In order to create a Customer Account, it is necessary to make a voluntary and free registration. It takes place by completing and sending to the Seller the registration form, which is made available in the area of the Store’s website.
  4. The condition for the correct completion of the registration form is the completion of all its mandatory and possibly optional fields, using true, complete and pertinent to the Customer data or information.
  5. Before submitting the registration form, by checking its appropriate box, the Client should declare that he has read the Regulations and accepts its provisions.
  6. Before submitting the registration form, by ticking the appropriate one, the Customer may voluntarily declare that he agrees to the processing of his personal data, for marketing purposes by the Seller.
  7. The Seller informs that the marketing purposes indicated above, may include, in particular, sending commercial information by the Seller, using the Client’s contact information. The consent referred to in the above point may be withdrawn at any time.
  8. Sending the registration form to the Seller is done using the functionality of the Store and through it.
  9. The use of the Customer Account is possible after its creation, and then logging in using the correct login and password.
  10. Termination of the contract for the provision of the Customer Account Service may be made without giving any reason and at any time, using its functionality or by sending the Customer’s statement to that effect to the Seller, e.g. by e-mail or letter.

§3. basic functionality of the store

  1. The Seller provides customers with the following basic functionality of the Store:
    • providing a contact form,
    • Providing a search engine for Digital Content Goods and Digital Services.
  2. To use the functionality of the contact form, you need to complete its mandatory fields, enter the desired content, and then send a message to the Seller. The Seller will respond promptly, using the functionality of the Store, either by phone or electronically by sending an e-mail.
  3. To search for Goods, Digital Content and Digital Services in the Store, enter the desired content in the search area of the Store and then confirm it. The functionality allows you to search the Store’s resources using keywords entered by the Customer. In addition, the functionality may allow you to perform an advanced search on selected criteria.

§4 Orders placed through the Store

  1. Orders for Goods, Digital Content and Digital Services can be placed via the Store’s website 7 days a week and 24 hours a day, using the Shopping Cart function. After completing the order list of Digital Content Goods and Digital Services, in the Shopping Cart area, the Customer proceeds to order processing.
  2. If the Customer is a logged-in Customer Account holder, he/she proceeds to the next stage of order placement as a logged-in Customer.
  3. If the Customer is not a logged-in Customer Account holder, he can choose how to place an order:
    • Using the Customer Account, which will be registered. The Customer then registers the Customer Account and, using it, proceeds to the next stage of order placement.
    • Bypassing the use of the Customer Account. The Customer then proceeds to the next stage of order placement.
    • using the Customer Account that you have. The Customer then proceeds to the next stage of order placement.
  4. When placing an order, the customer enters or selects:
    • billing information,
    • Delivery information, including the method and address of Delivery,
    • payment method.
  5. Placement of an order is preceded by receipt by the Customer, through the display in the Cart area, of information on the total price for the order, including taxes and related costs, in particular Delivery and payment costs.
  6. Placing an order can be done by using the appropriate button in the Shopping Cart and is equivalent to an offer by the Customer to the Seller to conclude a contract for the sale of Goods, a contract for the delivery of Digital Content on a carrier or the delivery of Digital Content without a carrier or Digital Service included in the order.
  7. Before submitting the order form, by checking the appropriate checkbox, the customer should declare that he has read the Terms and Conditions and accepts its provisions.
  8. The order placed may be changed by the Customer until the Seller receives information about the shipment of the Goods.
  9. Changes to the order may include its cancellation, cancellation in part, expansion with additional Goods, change of address of Delivery.
  10. The seller will immediately inform the customer about the impossibility of accepting the order, in case of circumstances causing it. The provision of this information is made by telephone or e-mail. The information may constitute a rejection of the offer in its entirety or include the following proposals for order modification:
    • Rejecting the bid in the unfeasible part, resulting in a recalculation of the contract value,
    • to divide the Goods subject to Delivery into a part, the Delivery of which is possible and a part, the Delivery of which will take place at a later date, which does not result in a recalculation of the value of the order.
  11. Acceptance of the Customer’s offer made by the Seller subject to the change referred to in the above paragraph shall be deemed a new offer, requiring acceptance by the Customer in order to conclude the Sales Agreement.
  12. Confirmation of order acceptance by the Seller is made by sending an immediate e-mail message. This message contains the terms and conditions of the concluded Sales Agreement agreed upon by the parties, as well as the data entered by the Customer in the order form, in order to enable the detection of errors in them. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail message indicating the correct data.
  13. Confirmation of the order is tantamount to the Seller’s acceptance of the offer to conclude a contract of sale made by the Customer.

§5. sale

  1. The Seller provides the Service of Sale of Goods, Digital Content and Digital Services to Customers at a distance.
  2. The subject matter of the contract for the sale of Goods and Digital Content on a carrier includes the Seller’s obligation to transfer ownership of the Goods or Digital Content on a carrier to the Customer and release them, and the Customer’s obligation to take back the Goods or Digital Content on a carrier and pay the Seller their price. The object of the contract for the delivery of Digital Content without a carrier or Digital Service is the delivery of the ordered content or services to the Customer in the manner specified in § 13 and the Customer’s obligation to pay the Seller their price.
  3. The Seller reserves the right to conduct promotional campaigns, consisting, in particular, in reducing the price of Goods, Digital Content or Digital Services until a certain date or exhaustion of the stock of Goods subject to promotion.
  4. The conclusion of the contract of sale takes place at the moment of confirmation of acceptance of the Customer’s order by the Seller.
  5. Release of the Goods takes place at the time specified in the description of the Goods.
  6. The lead time for the release of the Goods is subject to change in the event of a change in the order by the Customer.
  7. The release of the Goods takes place:
    • If the Customer chooses the option of Delivery via Carrier, on Business Days to the address provided by the Customer,
    • if the Customer chooses the option of Delivery to Parcel Machine via Carrier, on Business Days to the Parcel Machine selected by the Customer,
    • If the Customer chooses to pick up the Goods in person, at the Store’s premises on Business Days at. 10:00-16:00.
  8. Detailed information on available methods of Delivery, Carriers and related costs are published on the Store’s website, and the Customer is informed about them during the ordering process.
  9. The release of the Goods shall take place no sooner than after payment by the Customer.
  10. Confirmation of the release of the Goods to the Carrier for Delivery, can be made by sending an e-mail to the Customer’s e-mail address.
  11. The danger of accidental loss of or damage to the item passes to the Consumer as soon as it is delivered to the Consumer.
  12. If the Customer selects the option of Delivery via Carrier, it is recommended that the delivered shipment be examined by the Customer in the presence of the Carrier.
  13. In the event of damage to the shipment, the customer has the right to request the Carrier to prepare a proper protocol.

§6 Payments

  1. The value of the payment for the Sale is determined on the basis of the price list of the Goods, located on the Seller’s website at the time of ordering the Goods.
  2. The prices given on the Store’s website next to the given Goods are gross prices given in Polish zlotys and include the value of VAT, while they do not include the cost of delivery of the Goods and the chosen form of payment.
  3. The cost of the transaction and Delivery of the Goods shall be borne by the Customer.
  4. The total price of the order, shown in the Shopping Cart area before placing the order and after selecting the method of Delivery of the Goods and payment, includes the price for the ordered Goods together with tax charges and all related costs, in particular Delivery and transaction costs.
  5. The total order price is binding for the Seller and the Customer.
  6. The Seller allows the following methods of payment for the provided Sales Services:
    • By traditional bank transfer to the Seller’s bank account,
    • using the external payment system Przelewy24, operated by PayPro SA with its registered seat in Poznan (60-327), at Kanclerska 15 Street, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000347935, NIP: 7792369887 and REGON: 301345068,
    • using an external Pa payment system, operated by PayU SA with registered office in Poznań (60-166), Grunwaldzka 18 Street, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000274399, NIP: 779-2308495 and REGON: 301345068,
    • taking in Leasing by means of an external system, the operator of which is LeaseLink Sp. z o.o. with its seat in Warsaw (03-840), Grochowska 306/308 Street, registered in the Register of Entrepreneurs of the National Court Register under KRS: 0000477046, NIP: 5272698282 and REGON: 146815482.
  7. The due date for payment of dues is at the time of delivery of the Goods.
  8. The customer is obliged to pay:
    • within 7 days – if you choose the payment method by traditional transfer of the device, which is not in the promotion,
    • within 24 hours – if you choose the payment method by traditional transfer of the device, which is in the promotion,
    • at the time of order – if you choose a payment method using an external payment system or by card.
  9. Refund of payments by the Seller shall be made immediately, no later than 14 days from the date the cause arose, in the case of:
    • Consumer’s withdrawal from the contract,
    • cancellation by the Customer of an order or part of an order paid for in advance,
    • recognition by the Seller of the claim covered by the complaint in whole or in part, based on generally applicable regulations.
  10. Reimbursement shall be made using the same method of payment that was used by the Customer in the original transaction,unless the Customer agrees to another solution that does not involve any costs for him.
  11. The Seller shall not be obliged to reimburse the additional costs incurred by the Customer for the Delivery of the Goods, if the Customer has chosen a method of Delivery of the Goods other than the cheapest ordinary method of Delivery offered by the Seller.

§7 Newsletter

  1. The subject of this Newsletter Service is the Seller’s provision of commercial information to the Customer’s e-mail address.
  2. To order the Newsletter Service, use the appropriate newsletter activation field in the registration form or other form provided by the Seller on the Store’s website.
  3. A prerequisite for the correct ordering of the Newsletter Service is the provision of the Customer’s e-mail address. Providing this data is voluntary, however, it is necessary in order to provide the Service and to conclude an agreement on its subject.
  4. Before submitting the order form for the Newsletter Service, by checking the appropriate checkbox, the Customer may voluntarily declare that he/she agrees to the processing of his/her personal data for marketing purposes by the Seller.
  5. The Seller informs that the marketing purposes indicated above, may include, in particular, sending commercial information by the Seller using the Client’s contact information. The consent referred to in the above point may be withdrawn at any time.
  6. Sending the order form for the Newsletter Service to the Seller is done using the functionality of the Store and through it.
  7. The newsletter service contract is concluded for an indefinite period of time when the Seller confirms the Customer’s subscription to the newsletter list.
  8. Termination of the contract for the provision of the Newsletter Service may be made without giving any reason and at any time, using, among other things: the functionality of the Store or unsubscribing using the deactivation link, located in the newsletter message area, as well as by sending the Customer’s statement to this effect to the Seller, e.g. in an email or letter.

§8 Guarantees

  1. Goods may be covered by the warranty of the Seller, manufacturer or distributor.
  2. The guarantee is provided by submitting a guarantee statement, which specifies the obligations of the guarantor and the rights of the Customer in case the Goods do not have the properties specified in the statement.
  3. Along with the Goods under warranty, the Seller shall issue a warranty document to the Customer. If there is no such document, it is assumed that the warranty begins to run from the date of receipt of the device and lasts 12 months.

§9 Complaints

  1. Complaints may be filed under the warranty or guarantee, if granted.
  2. If the Goods are covered by a warranty, the Consumer is entitled to claim the Goods using the rights under the warranty by filing a complaint through the Seller or directly to the guarantor. If the Consumer exercises his/her rights under the warranty, the time limit for exercising warranty rights shall be suspended from the date of notification of the defect to the Seller. The time limit continues to run from the date of the guarantor’s refusal to perform its obligations under the guarantee or ineffective lapse for their performance.
  3. The right to exercise rights under the warranty shall be exercised independently of any rights under the warranty. The exercise of any rights under the warranty does not affect the Seller’s liability under the warranty.
  4. A warranty claim may be filed by letter or e-mail to the Seller’s postal or electronic address: hello@shopcleanwave.com. It can be filed using the form, the template of which is attached to the Terms and Conditions, but it is not mandatory.
  5. In the content of the submitted warranty complaint, it is recommended to include:
    • contact information of the Consumer, which will be used to respond to the complaint and conduct correspondence related to it,
    • The number of the Consumer’s bank account, which will be used to return the funds, in case of such circumstances,
    • description of the problem and identification data of the Consumer.
  6. In the event that a complaint under the warranty relates to the Goods, in order to process the complaint by the Seller, the Consumer is obliged to deliver or send the advertised goods to the address of the Seller, at his expense.
  7. In the event that the warranty complaint relates to the Goods, in order to process the complaint by the Seller, the Consumer is obliged to deliver or send the advertised Goods to the Seller’s address, at the Seller’s expense.
  8. The seller recognizes claims for:
    • Warranty within 14 days from the date of notification,
    • warranty, if any, within the period specified in the warranty terms and conditions.
  9. The Seller will inform the Consumer about the resolution of the received complaint:
    • for warranty by email or regular mail, depending on the Consumer’s will or the method used by the Consumer to file a complaint,
    • from any warranty in the manner specified in the warranty terms and conditions.
    • In the absence of information within 14 days, the complaint is considered valid.
  10. If the complaint is about Goods that are subject to repair after the complaint is recognized, the repair time may be up to 30 calendar days (depending on the availability of replacement parts).
  11. In the event that the warranty complaint relates to Goods that are subject to shipment to the Consumer after recognition of the complaint, the Seller will deliver or send the Goods to the Consumer’s address.
  12. Refund of funds in connection with a warranty complaint will be made using the method of transfer to a bank account or by postal order, in accordance with the will of the Consumer.
  13. The application of warranty law is excluded for Customers who are not Consumers.

§10 Out-of-court handling of complaints and investigation of claims

  1. The consumer has the opportunity to use the following out-of-court means of handling complaints and claims:
    • Submission of a request to resolve a dispute arising from the concluded Sales contract to a permanent amicable consumer court operating at the Trade Inspection,
    • Submission of a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller to the provincial inspector of the Commercial Inspection,
    • Use the assistance of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
    • filing a complaint through the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/.
  2. Detailed information about the procedure for out-of-court ways of handling complaints and claims, as well as the rules of access to these procedures, can be found at the headquarters and on the websites of the relevant entities.
  3. A list of entities and institutions that carry out tasks related to out-of-court resolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl.

§11. cancellation of the contract for the sale of Goods and the contract for the supply of Digital Content

  1. The consumer may, without giving any reason, withdraw within 14 days from the contract for the sale of Goods, the contract for the delivery of Digital Content on a carrier, the delivery of Digital Content without a carrier or the Digital Service.
  2. The consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller.
  3. The period for withdrawal from the Sales Contract shall begin from the taking of possession of the Goods or Digital Content on the medium by the Consumer, and for other contracts – from the date of their conclusion.
  4. Immediately, but no later than within 14 days from the date on which the Consumer has withdrawn from the contract, he is obliged to return the Goods or Digital Content in the medium to the Seller.
  5. In the event of withdrawal from the contract for the delivery of non-carrier digital content or Digital Service, the consumer is obliged to stop using this digital content or Digital Service and making it available to third parties.
  6. The consumer is not entitled to withdraw from the contract if the Seller has begun performance with the express and prior consent of the Consumer, who has been informed that after performance he will lose the right to withdraw from the contract.
  7. The Seller agrees to collect the Goods at his expense when, due to their nature, the Goods cannot be sent back in the usual way by mail, and at the same time the Goods were delivered to the Consumer to the place where he resided at the time of the conclusion of the Sales contract.
  8. The consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
  9. In the event of withdrawal from the contract, it is considered not concluded.

§ 12. consumer’s rights in connection with non-compliance of the Goods with the contract

  1. In the event of non-conformity of the Goods with the contract, the Consumer shall have the rights set forth in the law.
  2. The Goods are in compliance with the Contract if, in particular, their description, type, quantity, quality, completeness and Functionality remain in compliance with the Contract.
  3. In addition, the Goods, in order to be considered in conformity with the contract, must: be suitable for the purposes for which Goods of that kind are normally used; appear in such quantity and have such characteristics as are typical of Goods of that kind; be supplied with packaging, accessories and instructions; be of the same quality as a sample or design.
  4. The Seller shall not be liable for non-conformity of the Goods with the contract if the Consumer has been expressly informed that a specific feature of the Goods deviates from the conformity requirements and has separately accepted this non-conformity.
  5. The Seller shall be liable for the lack of conformity of the Goods with the contract existing at the time of delivery and disclosed within two years from that time.
  6. If the Goods are not in conformity with the contract, the Consumer may request repair or replacement.
  7. The Seller may make an exchange when the Consumer requests a repair, or a repair when the Consumer requests a replacement, if it is impossible or would require excessive costs to bring it into conformity in the manner chosen by the Consumer.
  8. The Seller shall repair or replace within a reasonable time and without undue inconvenience to the Consumer. The costs shall be borne by the Seller.
  9. If the Goods are inconsistent with the contract, the Consumer may submit a statement of price reduction or withdrawal from the contract, in the cases specified in the law.
  10. The consumer may not withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial.
  11. Claims for non-compliance of the Goods with the contract can be sent by mail to the address: TECHWISH sp. z o.o., LED Avenue 8, 55-020 Rzeplin.

§13. conclusion by the Consumer of an Agreement for the provision of Digital Content or Digital Service

  1. A consumer in the Store can conclude a Contract for the delivery of Digital Content without a carrier or Digital Service at a distance.
  2. The Seller shall deliver the Digital Content without media or Digital Service to the Consumer immediately after the conclusion of the contract, unless otherwise agreed by the parties.
  3. The prices of Digital Content and Digital Services are given in Polish Zloty and include all components, including VAT.

§14. Entitlement of the Consumer in connection with the non-conformity of Digital Content and Digital Service with the contract

  1. The consumer is entitled to withdraw from the contract if the Seller has not delivered the Digital Content or Digital Service despite the request.
  2. If the Digital Content or Digital Service is not in conformity with the contract, the Consumer may demand that it be brought into conformity with the contract.
  3. The seller is liable for the lack of conformity with the contract, which existed at the time of delivery and became apparent within two years.
  4. If the Digital Content or Digital Service is not in conformity with the contract, the Consumer may submit a declaration to reduce the price or withdraw from the contract, in the cases specified by the Law.
  5. Claims can be sent to the address: TECHWISH sp. z o.o., LED Avenue 8, 55-020 Rzeplin.

§15 Data processing and cookies

  1. Individuals whose personal data is processed by the Seller have the rights described in the Privacy and Cookies Policy of the Store.
  2. Information about the cookies used can be found in the Privacy and Cookies Policy of the Store.

§16 License terms and conditions

  1. The Seller grants a free license to customers using the Store for their own personal use and to enable the use of the Store.
  2. The name of the Store, its graphic design, source code and any related works constitute works under copyright law.
  3. The customer may not: rent, lease, resell the works or any part thereof, as well as create derivative works based on them.
  4. By publishing any content (e.g. comments, opinions) in the Store, the Customer grants the Seller a free, non-exclusive license to use it.
  5. It is forbidden to provide the Store with unlawful, offensive or infringing content.

§17. validity and amendment of regulations

  1. The Regulations shall come into force within 3 days from the date of their publication on the Store’s website.
  2. Amendments to the Terms and Conditions may occur due to changes in the law or due to technical or organizational changes.
  3. The Terms and Conditions are amended by publishing their new content on the Store’s website.
  4. The Seller sends by e-mail information about changes to the Terms and Conditions, if the parties are bound by a contract concluded for an indefinite period.

§18 Final provisions

  1. If it is not possible to amicably resolve a dispute between the Seller and a Customer who is not a Consumer, the competent court shall be the court having jurisdiction over the registered office of the Seller.
  2. In relation to Customers who are not Consumers, the law of the Republic of Poland shall apply as the applicable law.
  3. The provisions of the Terms and Conditions are not intended to exclude or limit the rights of the Customer who is a Consumer under the law.
  4. In the event that provisions of the Terms and Conditions prove invalid, the validity of the remaining provisions shall not be affected.

§19 Definitions used in the regulations

  • Customer – a natural or legal person entering into a contract with the Seller.
  • Consumer – a customer who is a natural person, entering into a contract for a purpose unrelated to business or professional activity.
  • Regulations – these contractual terms and conditions.
  • Store – a store, operated by the Seller through a website available on the Internet at the URL: cleanwavepolska.pl.
  • Vendor – TECHWISH sp. z o.o. based in Rzeplin (55-020) at LED Avenue 8, KRS: 0000838215, NIP: 8961594246, REGON: 385930203. Contact: tel. (71) 733 69 27, e-mail: hello@techwish.pl.
  • Goods – a movable thing that is the subject of sale.

INFORMATION ON EXERCISING YOUR RIGHT OF WITHDRAWAL

INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT

Being a Consumer, you have the right to withdraw from a contract concluded in our Store within 14 days without giving any reason. The deadline for withdrawal expires after 14 days from the day you took possession of the item.

To exercise your right of withdrawal, you must inform us: TECHWISH sp. z o.o., 8 LED Avenue, 55-020 Rzeplin, e-mail: hello@techwish.pl, about your decision by a clear statement.

The right to withdraw from the contract does not apply to contracts, among others, for the provision of services performed in full with the consumer’s consent; in which the object is goods manufactured to the consumer’s specifications; in which the goods are delivered in sealed packaging that, once opened, cannot be returned for hygienic reasons.

CONSEQUENCES OF WITHDRAWAL

In the event of withdrawal from the contract, we will return to you all payments received, including the costs of delivery of the item (except for the additional costs resulting from the chosen method of delivery other than the cheapest one offered by us), immediately, and in any case no later than 14 days from the day you inform us of your decision.

Please send back or hand over the item to us at the address TECHWISH sp. z o.o., 8 LED Avenue, 55-020 Rzeplin, immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from the contract.

You will have to bear the direct costs of returning the item. You will be liable only for the diminution in the value of the item resulting from the use of the item in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the item.