Online Shop Regulations

4WL SP. Z O.O.

 

General provisions, contact with the shop owner

   
              1. These Regulations (hereinafter referred to as the “Regulations”) define the terms and conditions of using the 4WL SP. Z O.O. online shop, operating at https://4watchlovers.com.


             2. The Shop is owned by 4WL SP. Z O.O. with its registered office at: Aleja Jana Pawła II 27, 00-867 Warszawa, Poland, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000999858, NIP (Tax ID): 7591756554 (hereinafter referred to as the „Seller").


             3. The Seller’s contact details are as follows:

• Contact address: Aleja Jana Pawła II 27, 00-867 Warszawa, Poland
• e-mail address: contact@4watchlovers.com
• Telephone number: +48 698-061-202
  
  
  4. Technical requirements
  
  
• In order to use the Shop, it is necessary to have:

1. a computer or other device with a web browser;
2. Internet access;
3. an active e-mail address.
   
   
   5. Personal data
   
   The Seller is the controller of personal data of customers of the Shop.
   Any information about the processing of personal data of customers and other persons using the Online Shop’s website may be read in the Privacy Policy.
   
   Conclusion of a sales agreement, customer account
   The Shop allows the purchase of goods (hereinafter referred to as the “Goods”), displayed on the website of the Shop, in two modes:

• without signing up;
• after setting up an account in the Shop.
  
  In both cases, in order to place an order, select the Goods in the Shop, add them to the “Cart” using the appropriate button and continue the order placement procedure by choosing appropriate options (delivery and payment).
  
  Information about the goods in the Shop, i.e. descriptions and prices, constitute an invitation to conclude a sales agreement within the meaning of Article 71 of the Civil Code, in accordance with the terms and conditions of the Regulations.
  
  The condition for placing an order is the completion in the order form of all required data necessary for shipment and possibly (at the customer’s request) also data to generate a VAT invoice.
  
  If the customer decides to set up an account in the Shop (hereinafter referred to as the “Account”), the registration is one-off, and the e-mail address and the password selected by the customer are the basis for subsequent logging in. After logging in to the Account, the customer has access to the history of their orders and does not need to fill in the order from with their personal data again in case of future order.
  The customer may refrain from holding an account at any time without incurring any costs. To do this, please send your resignation to the following e-mail address: contact@4watchlovers.com.
  
  Accepting the order by the customer using the “purchase and pay” button (or another equivalent wording) means:

 a. submitting to the Seller an offer to purchase the Goods in accordance with the options selected in the order and in accordance with these Regulations;

 b. acceptance of the obligation to pay the price of the Goods and the costs of their delivery.

The sales agreement (hereinafter referred to as the “Agreement”) is concluded at the moment of acceptance of the order by the Seller (acceptance of the customer’s offer), of which the Seller informs the customer by e-mail with confirmation of the order.

If it is impossible to execute the order for the Goods (in whole or in part), the Seller informs the customer thereof – the Agreement is not concluded. The Seller informs the customer at the same time about the existing possibilities of another way of executing the order, e.g. partial execution of the order or replenishment of stock by the Seller. If the order has been previously paid for by the customer and is not feasible, the Seller immediately returns the payment to the customer (depending on the scope of the order cancellation).

The Seller provides the customer with a confirmation of the conclusion of the Agreement on a durable medium at the latest upon delivery of the Goods

The Shop is not liable for failure to deliver the order or delay in its delivery as a result of the customer’s failure to provide complete / correct address of delivery or failure to provide other data necessary for the execution of the order

The Seller reserves the right to suspend the execution of the order if the customer provides false data or if these data raise reasonable doubts as to their correctness. In such a case, the Seller (if possible) attempts to contact the customer to verify the accuracy of the given data.


          6. Prices and payment methods

The prices of the Goods are expressed in U.S. Dollar (USD) and in the gross amount, i.e. including VAT.

• The cost of delivery of the Goods is indicated separately in the Shop’s cart, depending on the method of delivery selected by the customer.
• The available payment methods are described on the Shop’s website under the tab “Payment methods” and are presented to the customer at the order placement stage (in the cart).
• The following payment methods are available in the Shop:

         by means of a payment card:

• Visa
• Visa Electron
• MasterCard
• MasterCard Electronic
• via a payment platform:
• Shoper payments, the operator of which is AutoPay S.A.: instant transfer, BLIK, payment carts VISA/Mastercard, Apple Pay, Google Pay
• PayPal, PayPal Express Checkout (1-Click)
• Klarna (Pay now, Pay later in 30 days, Pay over time)
• If the customer opts for payment by ordinary bank transfer, payment for the order should take place within 3 days of its placement. In the absence of payment within the above-mentioned period, the Agreement is deemed not to have been concluded. The previous sentence does not apply to situations where the Seller offers customers a deferred payment/payment in instalments via an external partner.
  
  
  7. Delivery of goods

Goods are delivered at the customer’s choice:

1. Via courier company
2. With the exception of the Goods received by the customer in person, the order is deemed to have been completed at the moment of sending the parcel to the customer (entrusting the parcel to the carrier). The exact actual date of delivery of the parcel is determined by the carrier.
3. Goods are sent by the Seller within 5 working days, unless the description of the product when placing an order by the customer specifies a clearly different date. Detailed dates of execution are given on the Shop’s website under the “Order lead time” tab.
4. The Seller normally handles orders within the territory of the Republic of Poland against payment of the costs indicated on the Shop’s website under “Delivery time and costs”. Shipment abroad is possible against payment of the costs indicated on the Shop’s website or costs individually agreed with the customer.
5. Withdrawal from the Agreement

The Client being a consumer or an entrepreneur referred to in Article 7aa of the Consumer Rights Act (hereinafter referred to as the “Privileged Entrepreneur”) has the statutory right to withdraw from the agreement for the sale of Goods within 14 days of its receipt, without stating the reason, subject to the exceptions referred to below.

In order to comply with the deadline to withdraw from the agreement, it is sufficient for the customer to send a statement within the above-mentioned time limit:

• in an electronic form to the following address: contact@4watchlovers.com or
• in writing to the address: Aleja Jana Pawła II 27, 00-867 Warszawa.

The statement of withdrawal from the agreement may be made according to the template available here, but the use of the model is not mandatory. The Seller immediately sends a confirmation of the withdrawal from the agreement to the customer in the form of an e-mail.

Then, within the next 14 days, the customer should return the Goods to the postal address at: Aleja Jana Pawła II 27, 00-867 Warszawa; Poland

The Seller immediately, not later than within 14 days of receiving the statement of withdrawal from the agreement, reimburses to the customer for:

• the price of the Goods;
• the primary costs of the shipment of the Goods to the customer according to the cheapest standard method of delivering the goods offered in the Shop.

The Seller may refrain from reimbursing the payment until it receives the Goods back, or at least the customer provides the Seller with proof of the return of the goods.

The reimbursement is effected using the same payment method that was used by the customer in the original transaction, unless the customer expressly agrees to another solution.

The customer is liable for the reduction of the value of the returned Goods if, prior to the submission of the statement on withdrawal from the agreement, the Goods have been used in a manner other than necessary to determine the nature, characteristics and functioning of the goods.

Buyer other than the privileged buyer:

In the event of a defect in the goods, the Buyer other than the Privileged buyer has the option to complain about the defective goods on the basis of the statutory warranty regulated in the Civil Code.

In the case of the Buyer other than the Privileged buyer, the Seller is liable under the statutory warranty if the physical defect is discovered within two years from the date of handing over the goods to the Buyer.

Pursuant to the Civil Code, the Buyer being an entrepreneur other than the Privileged entrepreneur loses the rights under the statutory warranty if they do not examine the goods in time and in the manner adopted for the goods of such nature and fails to immediately notify the Seller of the defect, and if the defect is discovered later, if the defect is not notified to the Seller as soon as it is discovered. In order to comply with the above deadline, it is sufficient to send a notification about the defect before the expiry of the above-mentioned time limit.

Under the statutory warranty, the Buyer, other than the Privileged buyer, may, on the terms set out in the Civil Code:

1. submit a statement on lowering the price;
2. in case of a material defect – make a statement on withdrawal from the agreement;
3. demand that the goods be replaced with goods free of defects;
4. demand removal of the defect.

If it turns out that for consideration of the complaint it is necessary to deliver defective goods to the Seller, the Buyer other than the Privileged buyer is obliged to deliver these goods to the address of the registered office.


            8. Exceptions to the right of withdrawal

The right to withdraw from the agreement does not apply in the case of Agreements for delivery of the Goods:

1. non-prefabricated, manufactured according to the consumer’s/Privileged entrepreneur’s specifications or intended to satisfy their individual needs (personalised goods);
2. that are perishable or have a short shelf life (perishable goods);
3. delivered in sealed packaging if the packaging is opened by the customer and the goods cannot be returned after opening the package due to health protection or hygiene reasons (goods packed for hygienic reasons);
4. sound, visual or computer recordings supplied on a tangible medium (e.g. CD) in a sealed package if the packaging is opened after delivery;
5. which, after delivery, by their nature, are inseparable from other goods (e.g. construction materials, if used);
6. journals, periodicals or magazines, except for subscriptions (paper press);
7. the price of which depends on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiry of the deadline to withdraw from the agreement;
8. alcoholic beverages the price of which has been agreed upon conclusion of the sales agreement and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control.
9. Complaints

The Seller is obliged to provide the customer with the Goods in accordance with the Agreement.

The Seller is liable for the compliance of the Goods with the provisions of the Consumer Rights Act towards the consumers and Privileged entrepreneurs. Towards other customers, the Seller is liable pursuant to the Civil Code.

Complaints may be filed:

• in an electronic form to the following address: contact@4watchlovers.com
• or in writing to the address: Aleja Jana Pawła II 27, 00-867 Warszawa.

The Seller considers the complaint in the form in which it was submitted (written or by e-mail) within 14 days from the receipt of the complaint.

In the event of dissatisfaction with the manner in which the complaint is handled by the Seller, the consumer and the Privileged entrepreneur may (irrespective of ordinary proceedings before the common court) also use out-of-court complaint handling and redress procedures.

For this purpose, it is possible to:

• request the Voivodeship Inspector of Trade Inspection to initiate mediation proceedings to settle the dispute amicably;
• use the help of district (municipal) consumer rights ombudsman or social organisation whose statutory tasks include consumer protection;
• use the ODR platform (Online Dispute Resolution), which is used for online resolution of disputes between consumers and entrepreneurs, if the dispute relates to obligations arising from an agreement concluded via the Internet. More information about the ODR platform can be found here;
• apply to a permanent amicable consumer court to resolve a contractual dispute.

Additional information on out-of-court complaint handling and redress procedures can also be obtained on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.


           9. Final provisions

The Agreements concluded in the Shop are governed by the Polish law. The Agreement is concluded in Polish.

Nothing in the Regulations excludes or limits the rights of the consumer (and the Privileged entrepreneur) resulting from the provisions of law.

The Seller may amend the Regulations at any time, however such changes apply to orders placed after the publication of a new version of the Regulations, and in the case of (i) previously concluded Agreements for digital services or electronic services, and in the case of (ii) customers with an Account in the shop - the customer is notified of a change of the Regulations and the possibility of not accepting the new content.

The Regulations become effective as of 20 November 2023.