Store Terms and Conditions

These General Terms and Conditions of Sale (hereinafter: GTC) define the principles of concluding sales agreements for products offered by the Seller, using its website located at: www.wooden-garden.com

These GTC are an integral part of each Sales Agreement, the conclusion of which simultaneously constitutes their acceptance, unless the parties have expressly agreed otherwise. Any deviation from the application of these GTC requires written form under penalty of nullity.

The provisions of these GTC regarding consumer rights apply only to Buyers who are consumers and do not apply to Buyers who make transactions as part of their business or professional activity.

§1 DEFINITIONS

Seller: an entrepreneur operating under the name of WOODEN GARDEN Spółka z ograniczoną odpowiedzialnością with its registered office in Rzeszów (35-310) Al. Tadeusza Rejtana 20A, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number 0000997444, with NIP number 8133887271, REGON 523448508, share capital PLN 5,000, e-mail: info@wooden-garden.com, website: www.wooden-garden.com/pl/;

Buyer: any natural person, legal person, organizational unit without legal personality, to which special regulations grant legal capacity – placing an Order in the Store and a party to the Sales Agreement in the event of its conclusion with the Seller;

Store: an internet service presenting products remaining in the Seller’s offer, available at https://wooden-garden.com, through which the Seller provides services electronically in order to conclude the Sales Agreement;

Consumer : Buyer who is a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity;

Sales Agreement : sales agreement concluded at a distance between the Seller and the Buyer in the scope of products indicated in the Order and under the terms and conditions specified in these General Terms and Conditions of Sale.

§2 ACCEPTANCE OF ORDER FOR EXECUTION, PAYMENT TERMS, CONCLUSION OF SALES AGREEMENT, ORDER EXECUTION TIME

All technical information regarding products, dimensions, sizes, dimensional and weight tolerances and quality, resulting from catalogues, brochures and other advertising materials presented by the Seller in the Store, including prices, are approximate data constituting an invitation to conclude an agreement and do not constitute a sales offer within the meaning of the Civil Code.
The prices of Products presented by the Seller in the store do not include delivery and unloading costs. These costs are provided by the Seller through an individual valuation before concluding the Sales Agreement. Delivery and unloading costs are borne by the Buyer.
In order to purchase products presented in the Store, an Order must be placed. The Buyer places an order using e-mail communication to the address: info@wooden-garden.com or by phone to the number: +48513199608.
In addition to indicating the type and number of products ordered, the Order must include the following data:
a) surname and first name
b) telephone number
c) e-mail address
d) shipping address

Contact details can also be submitted using the form available on the Store’s website. The Seller is not responsible for the consequences of the Buyer providing incorrect data or information.

The Seller receives information about Orders placed via e-mail or by phone on working days between 8:00 and 16:00.
The Order is deemed accepted upon confirmation by the Seller of the acceptance of the Order for execution. Confirmation of acceptance of the Order for execution is sent by the Seller via e-mail to the Ordering Party’s address provided by him in the Order, along with the agreed details regarding costs and the method of delivery and payment. If the Seller does not confirm acceptance of the order within 5 working days of its placement by the Buyer, it is assumed that the order has not been accepted.
The condition for the Seller to start the execution of the order is the payment of a deposit by the Buyer in the amount of 60% of the price and delivery costs. The Sales Agreement is concluded upon receipt by the Seller of the deposit to the bank account provided to the Buyer. If the Customer does not pay the deposit within 7 days of the Seller’s confirmation of acceptance of the order, the Seller is entitled to withdraw from the agreement.
By placing an order and making a deposit payment, the Buyer confirms that he has read and accepted the terms of sale and expressesand consent to the use of your personal data for the purpose of fulfilling the order.
Depending on the arrangements made by the parties when placing the order, the Sales Agreement may also include an assembly service. In such a case, a separate assembly fee will be added to the price of the product, which will be included in the final price of the order. The Seller shall install/assemble the Product for a fee in accordance with the order agreed with the Buyer.
The condition for the release of the product is the payment by the Buyer of the entire sales price together with the costs of delivery and, if agreed, assembly indicated in the order and its acceptance.

§3 PAYMENT TERMS

In connection with the performance of the Sales Agreement, the Buyer is obliged to pay the Seller the total price of the order, which consists of the gross prices of the ordered products and the cost of their delivery and possibly assembly, applicable at the time of placing the Order.
Gross prices are expressed in Polish zloty and include all applicable taxes, including VAT.
The deposit of 60% of the order is payable within 7 days of the Seller’s confirmation of acceptance of the order. The remaining 40% is payable before the Buyer starts delivery.

§4 DELIVERY TERMS

The Seller is obliged to deliver the products that are the subject of the Sales Agreement to the address indicated in the Order, while the Buyer is obliged to collect these items.
The initial delivery date is determined when placing the order. After the Buyer pays the entire order price, the Seller or a person authorized by him will contact the Buyer within 5 working days to confirm the final delivery date. The product will be delivered to the address provided by the Customer when placing the order. Exceptionally, the delivery time is longer for special houses with a wall thickness of 70 mm, where the production time of up to 10 weeks from the date of receipt of the deposit plus the agreed delivery time must be taken into account. The Seller is not liable for a delay in the delivery of the product if this delay is caused by circumstances beyond the Seller’s control or impossible to predict. The Seller is entitled to extend the delivery period to 30 days.
If the Seller fails to deliver the Product on the agreed delivery date or fails to extend the delivery date and such delay lasts longer than 14 days, the Buyer has the right to withdraw from the Sales Agreement and the Seller will refund the amount paid within 14 days of submitting the declaration of withdrawal from the agreement. The Buyer may exercise the right to withdraw from the agreement due to delay in delivery only before receiving the product.
The deadline for fulfilling orders delivered outside the territory of the Republic of Poland is determined separately when placing the order.
If the Customer has ordered transport of the Product, the Seller is also responsible for the Product during its transport. The risk of accidental destruction or damage to the Product is transferred to the Customer at the time of delivery of the Product.
The delivery date, readiness for shipment or other dates possibly presented in the Store with the products are approximate dates and do not bind the Seller. The terms agreed by the parties when placing the order are binding.

§5 WARRANTY, GUARANTEE, COMPLAINTS

The Seller is obliged to deliver to the Buyer products free from defects.
The gazebos, garden houses, hot tubs and saunas sold by the Seller are covered by a 2-year manufacturer’s warranty for the product.
Along with the delivery of the products, the Seller will provide the Buyer with the manufacturer’s warranty terms.
In the case of a Buyer who is a consumer, the Seller provides a 24-month warranty for the products.
In the case of a Buyer who is not a consumer, the Seller provides a 6-month warranty for the products.
The provisions of point 9-14 below replace the Seller’s separate warranty card.
The Seller’s warranty does not exclude, limit or suspend the rights of the Buyer who is a Consumer resulting from the provisions on warranty for defects in the sold item.
The Seller’s warranty begins on the day of delivery of the products to the Buyer, and in the event of agreement on their installation, from the day of completion of the installation.
Under the Seller’s warranty, the Seller will, at its discretion and choice, depending on the nature of the defect and the possibility of its removal, provide one of the following services: repair of the product, replacement of the product, reduction of the product price, refund of the product price upon its return.
Repair or replacement of the product during the warranty period does not lead to extension of the warranty period or granting of a new warranty with a new duration. The warranty for parts replaced or repaired during the warranty period expires with the expiry of the warranty period for the product as a whole.
OAny defect in the Product that becomes apparent during the warranty period must be reported to the Seller immediately, but no later than five business days after the defect is discovered. The basis for a warranty claim is a photo (photos), a description of the defect, the product article number and the manufacturer’s serial number (the number is provided on the control card and on the label on the packaging) and proof of purchase. Within 14 days of reporting the defect, including all necessary information and documents, the Seller will consider the complaint and notify the Buyer whether it accepts the complaint, and if so, what method of removing the defect will be used and within what time.
Warranty claims cover only the defective part that is to be replaced under warranty. The warranty does not cover transport, installation, time and communication costs incurred in connection with identifying and installing the defect. The Seller shall not be liable to the Buyer or any third party for any accidental damage or damage resulting from a defect in the Product.
The warranty does not cover:
1. damage to the Product resulting from its use by the Buyer contrary to the Product’s instructions for use,
2. secondary damage to the Product caused by improper assembly carried out by the Buyer,
3. alterations or modifications to the Product made by the Buyer without the Seller’s approval,
4. damage caused by weather or electrical phenomena (fire, flood, hurricane, etc.), over which the Seller has no influence,
5. products with non-original elements,
6. damage caused by mechanical, chemical, thermal and other factors caused by the Buyer’s action, the action of external forces or third parties (e.g. drying out and/or damage to wood due to lack of maintenance or lack of protection against frost, natural degradation of wood due to excessive insolation),
7. the occurrence of knots, discolorations and cracks on the wood surface that do not affect usability
The Buyer will use the product in accordance with its intended use and instructions.
The warranty does not cover defects typical of wood-based materials. Such defects include, for example, cracks in the wood, discolorations, leaks caused by environmental deformations and wood shrinkage, and other defects that the customer can avoid by maintaining and properly servicing the product in accordance with the attached instructions.
The warranty does not cover damage to the stove caused by freezing water in the stove or melting of the stove due to a lack of water in the tub.
The warranty does not cover damage to fiberglass and wood tubs and internal fittings as a result of freezing water inside the tub. Always empty the hot tub if there is a risk of freezing.
Any changes in the colour of the fibreglass caused by the physical and chemical properties of the water and the chemicals used for care and cleaning are not covered by the guarantee.
The guarantee does not cover wearing parts such as metal grates for outdoor heaters, damage to the coating of chrome-plated parts such as connectors and nozzles.

§6 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34 paragraph 2 and Article 35 of the Consumer Rights Act.
The period for withdrawal from the contract begins when the consumer or a third party indicated by him other than the carrier takes possession of the goods.
The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the entrepreneur. The declaration may be submitted on a form, the template of which is provided by the Seller, although this is not obligatory. The declaration should be submitted in writing to the Seller’s address.
To meet the deadline, it is sufficient to send the declaration before its expiry.
If the Consumer submits a declaration of withdrawal from the contract before the Seller accepts their offer (order), the offer ceases to be binding.
The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by them, including the costs of delivering the goods. The refund will be made using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him.
The Seller may withhold the refund of payments received from the Consumer until the item is received back or the Consumer provides proof of sending it back, depending on which event occurs first.
The Consumer is obliged to return the item to the Seller orhand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the entrepreneur offered to collect the item himself. To meet the deadline, it is sufficient to send the item back before it expires. The consumer bears the direct costs of returning the item. In the case of items that, due to their nature, require specialist, large-size or long-length transport (in particular garden houses), the cost of return may significantly exceed the cost of standard postal return.
The consumer is liable for the reduction in the value of the item resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.
The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts:
1. for the provision of assembly services, if the Buyer fully performs the service with the express consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has provided the service, he will lose the right to withdraw from the contract;
2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the period for withdrawal from the contract;
3. in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or used meeting his/her individual needs;
4. where the subject of the service is an item that spoils quickly or has a short shelf life;
5. where the subject of the service is an item delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
6. where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;
7. where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
8. where the consumer has expressly requested that the entrepreneur come to him/her for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or supplies items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;
9. in which the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
11. concluded at public auction;
12. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
13. for the provision of digital content that is not recorded on a tangible medium, if the provision of the service began with the consumer’s express consent before the expiry of the period for withdrawal from the contract and after the consumer has been informed by entrepreneur about the loss of the right to withdraw from the contract.
The provisions concerning the Consumer regarding the above-mentioned right to withdraw from the contract apply to a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§7 PERSONAL DATA PROTECTION

The administrator of personal data processed in connection with the actions taken by the Ordering Party aimed at concluding the Sales Agreement and in connection with its implementation, is the Seller.
Personal data processing takes place on the principles specified in the relevant legal provisions.
The provision of personal data by the Ordering Party is voluntary, but necessary to place an Order and implement the Sales Agreement.
The Buyer’s personal data will be processed for the purpose of:
1. concluding and performing, handling and settling the contract – the legal basis for processing is the necessity to perform the contract (Article 6, paragraph 1, letter b of the GDPR),
2. communicating on the implementationji of the agreement – the legal basis for processing is the necessity to perform the agreement,
3. verification of the fulfillment of legal obligations incumbent on the Administrator under generally applicable provisions of law, including in particular accounting and tax law regulations – the legal basis for processing is art. 6 sec. 1 letter c of the GDPR;
4. in order to send marketing content regarding the Administrator’s goods and services to the Buyer – the legal basis for processing is the legitimate interest of the Administrator, in accordance with art. 6 sec. 1 letter f of the GDPR. The legitimate interest consists in enabling the Administrator to undertake marketing activities within the scope of its own goods and services.
5. for internal administrative purposes – the legal basis for processing is the legitimate interest of the Administrator consisting in the efficient management of the enterprise, (art. 6 sec. 1 letter f of the GDPR),
6. determination or pursuit of possible claims or defense against such claims by the Administrator – the legal basis for data processing is the legitimate interest of the administrator consisting in the possibility of pursuing and defending against claims. (Article 6, paragraph 1, letter f of the GDPR),
The scope of processed data includes in particular the following personal data:
a) surname and first name
b) telephone number
c) e-mail address
d) shipping address
The Seller shall provide appropriate technical and organizational measures to ensure the security of personal data provided by the Ordering Party, in particular preventing third parties from accessing them or processing them in violation of the law, preventing data loss, damage or destruction.
The Buyer’s personal data will be processed for the duration of the contract and the legitimate interest of the administrator. The processing period may be extended each time by the limitation period for claims, if the processing of personal data is necessary to establish or pursue potential claims or defend against such claims by the Administrator. After this period, the data will be processed only to the extent and for the time required by law, including accounting regulations.
The Buyer’s personal data may be transferred to entities providing services to the Administrator, i.e. entities providing IT and accounting support, entities providing administrative support services.
The Buyer has the right to: access the content of the data and request its rectification, deletion, restriction of processing, the right to transfer personal data and the right to object to data processing.
The Buyer also has the right to lodge a complaint with the supervisory body responsible for personal data protection if they consider that the processing of personal data violates the provisions of the GDPR.
Providing personal data is voluntary, but necessary to conclude the contract. Without providing the data, it is not possible to conclude the contract.

§8 OTHER PROVISIONS

Within a reasonable time after the conclusion of the Sales Agreement, but no later than upon delivery of the item, the Seller shall provide the Consumer with confirmation of the conclusion of the agreement on a durable medium, which medium may in particular be an electronic message sent to the Consumer’s e-mail address provided by him in the Order.
The confirmation of the conclusion of the Sales Agreement for the Consumer, referred to above, shall contain at least information on:
1. the main features of the service;
2. data identifying the Seller, in particular the company, the body that registered the business activity, as well as the number under which it was registered;
3. the Seller’s address, e-mail address and telephone numbers under which the Consumer can quickly and effectively contact the Seller;
4. the address, under which the Consumer may file complaints;
5. total price of the Order together with taxes and transport fees;
6. method and deadline for payment;
7. method and deadline for performance by the Seller and the complaint handling procedure applied by the Seller;
8. method and deadline for exercising the right to withdraw from the contract without giving a reason, as well as the model withdrawal form;
9. and the costs of returning the goods in the event of withdrawal from the contract, which are borne by the Consumer, if due to their nature these goods cannot be returned by post in the ordinary course;
10. cases of lack of the right to withdraw from the contract based on the regulations and circumstances in which the consumer loses the right to withdraw from the contract;
11. the entrepreneur’s obligation to deliver goods free from defects;
12. existence and content of guarantees and after-sales services and the manner of their implementation
13. possibility of using out-of-court methods of handling complaintscomplaints and claims and the principles of access to these procedures.
In the event of a dispute with the Seller, the Consumer may use out-of-court methods of handling complaints and claims. The consumer may, among other things:
a) apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement,
b) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute with the Seller,
c) obtain free assistance in resolving the dispute, using the free assistance of the district or municipal Consumer Advocate or a social organization whose statutory tasks include the protection of Consumers, such as the Federation of Consumers or the Association of Polish Consumers.
To the extent permitted by law, the contractual and tort liability of the Seller is limited to the gross value of the products purchased by the Buyer, the sale, delivery or non-performance of which is associated with the occurrence of damage. The Seller is not liable for lost profits.
The Buyer is obliged to read the instructions for assembly and use of the purchased product, provided by the Seller or available on the Seller’s website.
Any disputes arising between the Seller and the Buyer who is not also a Consumer, shall be submitted to the court with jurisdiction over the Seller’s registered office.
The sales agreement is concluded in accordance with Polish law and in Polish.

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the agreement)

– Addressee [here the entrepreneur should enter the entrepreneur’s name, full postal address and, if available, fax number and e-mail address]: ________

– I/We^(*) hereby I/we inform^(*) about my/our withdrawal from the sales agreement for the following products: ________

– Date of receipt of products: ________

– Name and surname of the Consumer(s): __________

– Address of the Consumer(s): ________

– Signature of the Consumer(s): ________

– Date: _______

^(*) Delete where not applicable.