§ 1 General Provisions
These General Terms and Conditions (hereinafter referred to as: “Terms of use”, “Terms of Service”, “Terms”, “Agreement”) constitutes a legal agreement between WONA CONCEPT Sp. z O.O. (hereinafter referred to as “Wona”, “we”, and “our”) and any of our customers as well as users of our Website (hereinafter referred to as “you”, “yours”), governs your usage of online shop at the internet address https://wonabywona.com/ and/or other related goods and services provided.
By using the Website, purchasing goods or enjoying any other services offered via the Website you fully confirm your acceptance of these General Terms and Conditions. No other representation, promise, or agreement shall be binding on the parties unless in writing and signed by an authorised officer of Wona. If you disagree with the General Terms and Conditions or any part of them, you must not use the Website or set any order. Therefore, you must agree with and accept all the General Terms and Conditions using the Wona Website, as well as any goods or services offered. You should ensure you fully understand all conditions before entering into this Agreement with Us.
All orders placed by you via the Website, as well as our deliveries and services provided, are governed exclusively by these General Terms and Conditions set out below, as applicable at the time the order is placed.
§ 2 Definitions
2.1. As used in this Agreement, the following terms shall have the following meanings:
The terms “us”, “we”, “our”, “Wona”, and “Seller” refer to WONA CONCEPT Sp. z O.O., a legal entity incorporated and acted under the laws of the Republic of Poland, KRS No. 0000965273, legal address: ul. ALEJA KOMISJI EDUKACJI NARODOWEJ 36/112B 02-797 WARSZAWA, the Republic of Poland.
Acceptance is the performance by the Buyer of actions aimed at accepting the terms of this Terms of Use, such as providing consent with these Terms or placing the Order.
Buyer refers to a legally capable individual who has accepted this Agreement by placing any Order on the Website. If the Buyer is a legal entity, the actions to accept these Terms are performed by a representative of the relevant legal entity authorised to act on its behalf by applicable law.
Content – all textual, informational, graphic, audio, video and/or other materials contained on the Website.
Goods – the subject of the legal transaction between you and us, a thing or service offered by us through the Website and chosen by the Buyer for its purchase.
Order refers to the Buyer’s request for the purchase of the Goods selected by him/her, duly executed and placed via the Website.
User means a legally capable individual who uses the Website and/or its elements placed on the Internet for information purposes.
Website – the online store located at https://wonabywona.com/ used by the Seller to publish information about the Goods, as well as to conclude the Agreement between the Seller and the Buyer (hereinafter referred to as the “Parties”) as a result of the Buyer’s selection of the Seller’s Goods, as well as to provide other information to the Users, in particular, information about the Goods and the Seller’s business activities.
2.2. Other definitions of these Terms are used in the meaning defined by applicable legislation.
§ 3 Subject of the Agreement
3.1. Under the terms specified hereunder, the Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods. The Buyer independently places an Order for any product that is available for ordering on the Website.
3.2. The information about the Goods, published on the Website contains, in particular, information about the model (article) of the Goods, available sizes, and price per unit of the Goods including any taxes applicable. Please, note that because we may not calculate the delivery expenses forward, such costs should be calculated in addition to any Order you shall be duly informed of.
Please note that other information about the Goods may be posted on the Website at the sole discretion of the Seller. At its sole discretion, the Seller has the right to unilaterally change the price of the Goods before the Order has been placed. In any case, the price of the Goods according to the Order confirmed by the Seller remains unchanged.
3.3 The pictures of the Goods published on the Website may differ from the actual appearance of the Goods due to the screen settings of the User’s or Buyer’s electronic device.
3.4. By placing the Order form provided on our Website you are confirming a binding consent for a purchase agreement with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “complete purchase”. Before you submit your Order you will be able to view the details input by you and correct any mistakes in the information provided.
3.5. On receipt of your Order we will send you an email confirming receipt of your Order and stating the details of your Order (order confirmation). Please note that our Order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
4. A purchase contract between you and Wona will become effective only after we have accepted the offer by dispatching the Goods ordered, and the Goods are paid by you under the terms specified herein. The Goods will be dispatched only after the full cost paid has been credited to our account.
§ 4 Payments
We accept payments via payment providers – third-party services offered on our Website. You may be able to choose among several payment methods (payment systems), which are offered through our Website, for making your payments at your own discretion and risk.
The Buyer is fully responsible for ensuring the compliance of the used payment service with the laws of the country of the Buyer’s residence. The Buyer is liable for all transaction fees arising out of all fees made, even if sales terms are finalized or payment is made outside of the Website. The Buyer is also liable for all possible transfer risks, including, but not limited to, technical, tax, fines, losses incurred by third parties, etc.
Gift Card
Wona at its sole discretion may allow the use of gift cards for the purchase of Goods, bought at a nominal price or with a discount specified. The Gift Card can be used to purchase any article available on our Website – except for other Gift Cards – before its expiration date. Please, note that after the expiration date of the Gift Card, the Gift Card may not be used or refunded. Use, exchanges, or reimbursements of your Gift Card within its term of validity are only applicable in accordance with the return and withdrawal rights and conditions specified herein.
While purchasing the Gift Card, you may choose between sending the Gift Card by email (or by regular mail if available).
Wona reserves the right to cancel or block the Gift Card if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. In these cases, You will be informed immediately by Wona.
Promotion Code
Promotion codes shared by Wona at our own discretion have different periods of validity and are applicable for the purchase of any product available on the Website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the Promotion code you get. Please, note that the Promotion code may be used once in a while for the Order, whether the Order has been completed or not.
Exchanges or reimbursements of Promotion codes, which were part of a marketing promotion or which you may have received on behalf of Wona, are not allowed. We reserve the right to cancel or block the promotion code at our discretion and without any previous notice, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code, etc. You may be informed immediately by Wona in the case of canceling or blocking the Promotion code.
If you have exercised your right to return the Good(s) purchased, you will be reimbursed for the actual amount of the returned items you paid. If the Order contains more than one Good, and you are returning not all of the Goods you ordered, the value of the promotion code will be applied to the price of the Good you return and will be deducted from the costs refunded.
§ 5 Shipping & Dispatch
Доставка Товару здійснюється операторами звʼязку (курʼєрської доставки) по території України. Витрати на доставку Товару оплачуються Покупцем. Вартість доставки встановлюється відповідно до тарифів відповідного оператору звʼязку (курʼєрської доставки), яки здійснює доставку Товару. Шляхом Акцепту цієї Публічної оферти Покупець у повному обсязі і беззастережно погоджується з Правилами перевезення вантажів операторів звʼязку (курʼєрської доставки). З умовами таких Правил та вартістю послуг доставки можна ознайомитись на вебсайтах відповідних операторів звʼязку (курʼєрської доставки).
Незалежно від обраного способу доставки Товару, зобов’язання Продавця щодо доставки Товару вважається виконаним в повному обсязі з моменту передачі Товару оператору звʼязку чи кур’єрської доставки, який здійснює перевезення Товару. При отриманні Товару Покупець зобов’язаний перевірити товар за кількістю, якістю, асортиментом та комплектністю. Разом із Замовленням Продавець разом з Товаром зобов’язаний видати Покупцю розрахунковий документ в паперовій або електронній формі, що засвідчує факт купівлі. Прийняття Товару здійснюється Покупцем в момент отримання Товару. Під час прийняття Товару Покупець зобов’язаний перевірити зовнішню цілісність пакування, після чого відкрити її та безпосередньо пересвідчитися у належному зовнішньому стані Товару (відсутності пошкоджень), відповідності Замовленню та комплектності. У разі відсутності зауважень до якості та комплектності Товару, Покупець зобов’язаний прийняти Товар.
У випадку виявлення Покупцем під час прийняття Товару недоліків або істотних недоліків Товару Покупець має право відмовитися від прийняття Товару та розірвати цей Договір, або відмовитись від прийняття Товару та вимагати заміни Товару на такий же товар або на аналогічний, з-поміж наявних у Продавця. Ризик випадкової загибелі та/або випадкового пошкодження Товару переходить до Одержувача з моменту передачі йому Замовлення і проставлення Одержувачем підпису в документах, що підтверджують доставку Замовлення.
§ 6 Cancellation and refund policy
Refunds may be provided to Customers under the law of the European Union and applicable legislation. You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the Goods or, in the case of multiple Goods ordered by the Buyer in one order and delivered separately, the day on which the Buyer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good. You may return the Goods, provided that the Goods have not been used, the price tags and labels are present on the Goods, and the packaging in which the Goods were delivered to you is retained.
Please, note, that the right to withdraw does not apply to goods made to the specifications provided or clearly personalised; the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (including, but not limited to, socks, underwear, etc).
To exercise the right of withdrawal, you must inform Wona of your decision to withdraw from this Agreement by an unequivocal statement (e.g. a letter sent by post, fax, or e-mail). You may use the model of withdrawal form (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32011L0083&rid=4#d1e32-84-1 Annex 1(B), but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The Buyer shall send back the Good(s) or hand them over to us without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw. The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired. The Buyer shall bear the direct cost of returning the Good(s).
The Buyer shall only be liable for any diminished value of the Good(s) resulting from the handling of the Goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Suppose you withdraw from this Agreement under the terms specified herein. In that case, we shall reimburse you all payments received, without undue delay and in any event not later than 14 days from the day we are informed about your decision to withdraw from this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Refunds due to errors in billing or any such items shall be made under your refund request sent to us not later than 14 (fourteen) days after the payment date. However, this term can be extended by Wona in accordance with the payment and/or refund terms of the relevant payment system, including but not limited to banks. To prevent fraudulent acts, refunds are only issued back through the same payment process as the payment was made through and no substitutions are allowed.
You may be subject to credit card transaction charges and fluctuations in the exchange rate on such refunds due to the payment gateway and the intermediary banks involved in the transaction; we have no control over these charges and cannot predict what they may be.
In the case of any refunds, we reserve the right to refuse any payments and/or withdrawal requests and to cancel all accrued remuneration and/or compensation. All expenses related to the refund (including banking commissions) should be paid by the Buyer or will be deducted from the refund amount.
The burden of proof of exercising the right of withdrawal under this Agreement shall be on the Buyer.
If you have any issues with a refund or need some clarification related to our refund policy, please connect our support team via the details set below.
§ 7 Warranty, inquiries, complaints
You can submit all complaints regarding products or the online store in electronic form via e-mail to the following address: admin@wonabywona.com
It is recommended to include the following in the complaint description:
- information and circumstances relating to the subject of the complaint, in particular, the type and date of the irregularity or lack of conformity with the Agreement;
- a request for a method of achieving compliance with the Agreement or a declaration of a price reduction or withdrawal from the Agreement or another claim; and
- contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint.
The requirements given above are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. In the event of a change in the contact details provided by the complainant during the complaint consideration process, he/she is obliged to notify the Seller of this.
The Buyer shall attach evidence (e.g. photos, documents, or products) related to the subject of the complaint to the complaint.
We may also ask the person submitting the complaint to provide additional information or send evidence (e.g. photos) if this will facilitate and speed up our consideration of the complaint.
We will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
§ 8 Liability
Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper performance of the contract and whose fulfillment customer could reasonably rely upon (“essential obligation”), shall be limited to the price of Good(s) supplied. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
Any exclusion or limitation of the liability of Wona shall extend also to the personal liability of its employees, contractors, members of staff, representatives, and agents.
§ 9 Governing law, severability
All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by the law of the Republic of Poland, without regard to principles of conflicts of laws.
In the event of a dispute between You and Us arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through non-binding mediation. If the parties appear unsuccessful in resolving their dispute through mediation, the dispute shall be settled totally and finally by the relevant court in the Republic of Poland (applicable substantive and procedural law – the law of the Republic of Poland).
§ 10 Miscellaneous
The Agreement, in its current form and as amended by Wona at its discretion, constitutes the entire contract between You and Us. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
Any waiver by Wona of any breach of the Agreement must be in writing and signed by an authorized officer of Wona. The waiver by Wona of any breach of the Agreement by you shall not operate or be construed as a waiver of any subsequent breach.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of use, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
§ 11 Contact Us
You can contact us at any time concerning these Terms by sending a letter to our e-mail address: admin@wonabywona.com
Please, note that we are not willing to enter into dispute resolution proceedings before the consumer arbitration board. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed at http://ec.europa.eu/odr we consider using in any disputes that may arise.