Regulations

TERMS AND CONDITIONS OF ALLWATER.PL ONLINE STORE

Date of last update [23.09.2024].

I. GENERAL PROVISIONS

1. These Regulations (hereinafter: „Regulations”) set out the rules for the use of the Online Store Allwater.co.uk (hereinafter referred to as the „Store”), the rules for placing orders, the conditions for concluding Sales Contracts, the rights and obligations of the Seller and Customers, the complaint procedures and warranty conditions, as well as the rules of the Privacy Policy and RODO.
2. The owner and administrator of the Store is:
   • efirms Jozef Ożóg
   • Headquarters address: 37-110 Żołynia, 6a Smolarska St.
   • NIP: 8151525704
   • BDO: 000646464
   • Phone: +48 733156130
   • Email address: info@allwater.pl
   • Website: allwater.co.uk
   • Bank account number (mBank): 85 1140 2004 0000 3102 8527 5590

   (hereinafter „Seller”).

3. The Seller provides services of selling Products (goods) through the Store. Any information about Products placed in the Store does not constitute an offer within the meaning of the Civil Code, but an invitation to place Orders.
4. Contact with the Seller is possible by e-mail, telephone or mail, on the days and hours specified on the Store's website.
5. The Terms and Conditions are available in the Store in a form that allows them to be downloaded, archived and reproduced. Placing an order by the Customer is tantamount to acceptance of the Regulations.
6. The Seller reserves the right to change the Terms and Conditions for important legal, organizational or technical reasons. The changes do not affect orders that have already been placed and accepted for processing before the effective date.

II. DEFINITIONS

1. Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which can in its own name acquire rights and incur obligations, making purchases in the Store.
2. Consumer - A customer who is a natural person making a legal transaction not directly related to his/her business or professional activity (Article 22¹ of the Civil Code).
3. Store - internet service operated at allwater.co.uk, which allows you to place Orders.
4. Product/Commodity - a movable item offered for sale in the Store.
5. Sales contract - Agreement concluded at a distance between the Seller and the Customer in accordance with the provisions of the Terms and Conditions and applicable laws.
6. Order - Customer's statement of intent to conclude a Sales Agreement, specifying in particular: the type and quantity of ordered Products, Customer's data and the form of payment and delivery.

III. ELECTRONIC SERVICES IN THE STORE

1. The vendor allows customers to, among other things:
   • browsing and searching for Products,
   • Placing Orders through the web form,
   • Placing Orders by e-mail or telephone,
   • use of the contact form.
2. In order to use the Store, you need a computer (or other device) with Internet access, a current web browser, an active e-mail account and enabled cookies and JavaScript.
3. The use of the Store is voluntary and free of charge. However, the customer is obliged to use the Store in a manner consistent with the law, good morals and rules of social coexistence, and not to provide unlawful content.

IV. RULES FOR PLACING ORDERS AND CONCLUDING A CONTRACT

1. Orders in the Store can be placed:
   • Through the order form available on the website (24/7),
   • by sending an e-mail to the Seller's address,
   • By phone - during customer service hours, indicated on the Store's website.
2. Until the Order is approved with the „Order and pay” button (or equivalent), the Customer has the opportunity to modify the entered data and select Products.
3. In the case of Orders placed by e-mail or telephone, the Customer and the Seller agree on the necessary details (including the type and quantity of Products, price, delivery cost, shipping address, method of payment).
4. Conclusion of Sales Agreement occurs when the Seller confirms to the Customer (by email, telephone or other agreed manner) that the Order has been accepted for processing („Order in process”).
   • When paying in advance (e.g. bank transfer, electronic payment) - confirmation is sent after the funds are credited to the Seller's account,
   • When paying „cash on delivery” - confirmation may be sent automatically after verification of the Order.

V. PRICES AND PAYMENTS

1. The prices of the Products in the Store are expressed in Polish zloty (PLN) and include all applicable taxes (e.g. VAT), insofar as the law imposes such an obligation. Prices do not include delivery costs, which are indicated separately.
2. The Seller reserves the right to change prices, conduct and cancel promotional actions. Price change does not apply to Orders placed before its introduction.
3. Available forms of payment:
   • traditional transfer to the Seller's bank account,
   • electronic payments (e.g. online transfer, credit card, BLIK) - as long as they are active in the Store,
   • payment on delivery (cash on delivery) - in case such an option has been made available,
   • other, currently indicated in the Store.
4. The customer is obliged to make payment within the time limit specified in the course of placing the Order. The Seller may cancel the Order if payment is not made by the specified deadline.

VI. SUPPLY

1. The Seller carries out deliveries on the territory of the Republic of Poland, and in justified cases - also abroad after individual agreement on terms and costs.
2. Delivery costs are paid by the Customer, unless the contract or information in the Store states otherwise (e.g., free delivery for a certain order value).
3. The delivery time is indicated when placing the Order and depends on the availability of the Product and the selected form of delivery.
4. The Seller shall not be liable for non-delivery of the Product for reasons attributable solely to the Customer (e.g., incorrectly specified address).
5. Upon receipt of the shipment, it is recommended that the customer, if possible, check the condition of the shipment. If damage is found, it is advisable to write a damage report with the courier.

VII. RIGHT OF WITHDRAWAL (RETURNS)

1. Consumer shall have the right to withdraw from the Sales Agreement within the period of time 14 days without giving any reason, counting from the day on which the Consumer or a third party designated by the Consumer (other than a carrier) took possession of the Product.
2. After expiry of this 14-day period The right of withdrawal expires and The seller has no obligation to accept returns or refund payments. In particular, if the Consumer submits a statement of withdrawal after 14 days, the Seller is not obliged to take it into account.
3. To exercise the right of withdrawal, the Consumer should submit to the Seller withdrawal declaration made available by the vendor:
   

         Download a sample withdrawal statement (.docx)

4. In the event of effective withdrawal from the contract, the Contract of Sale shall be considered not concluded. The consumer is obliged to immediately, but no later than within 14 days from the date of the statement, return the Product to the Seller.

5. The consumer shall in any case bear the direct costs of returning the Product, including when the Product, due to its nature, cannot be returned by ordinary mail.
6. The Seller shall return to the Consumer the payments received (excluding additional shipping costs selected by the Consumer, other than the cheapest offered by the Seller) immediately, no later than within 14 days from the date of receipt of the statement of withdrawal, subject to paragraph 7.
7. The seller may withhold reimbursement of payments until:
   • receive the Product back, or
   • provision by the Consumer of proof of return of the Product,
     depending on which event occurs first.
8. If the returned Product or its original packaging is damaged in a way that affects the possibility of its further resale (e.g. mechanical damage, dirt, missing kit elements, damaged packaging), the Seller may reduce the amount returned to the Consumer, according to the reduction in the value of the Product.

Exclusions to the right of withdrawal

9. In accordance with applicable laws, the right of withdrawal is not available for contracts, among others:
   • for the provision of services, if they were fully performed with the express consent of the Consumer,
   • in which the object of performance is an item produced to the Consumer's specifications or used to meet his individualized needs,
   • In which the object of performance is an item that is perishable or has a short shelf life,
   • in which the object of performance is sound or visual recordings or computer programs in sealed packaging, if the packaging was opened after delivery,
   • delivery of digital content without tangible form, if the provision of services has begun with the express consent of the Consumer before the expiration of the deadline for withdrawal,
   • and in other cases provided for by generally applicable laws.

VIII. COMPLAINTS (WARRANTY FOR DEFECTS)

1. The Seller is obliged to deliver the Product free of defects. He is liable for its physical or legal defects under the terms of the Civil Code, with the scope of this liability differing depending on whether the Buyer is a Consumer or an entity conducting business (company).
2. Minimum period, in which the Consumer can report a defect in the Product under the warranty, results from the current legislation - currently the warranty lasts 2 years From the moment of release of the Product (Article 568 of the Civil Code).
   • It is recommended that the Consumer notify the Seller of the defect as soon as it is discovered, preferably within a period of time 2 months from the discovery of the defect (which follows from Article 568 § 3 of the Civil Code). Early notification can make it easier to recognize the complaint and confirm its validity.
3. Filing a complaint:
   • Complaints can be submitted in writing - e.g. by e-mail or letter - to the Seller's registered office address or the e-mail address provided.
   • In the description of the complaint you should demonstrate: what the defect is. You should record a video showing the product defect ( In the case of a rechargeable battery, the video must include: the exact model of the purchased battery shown, the Bluetooth application connected to the battery turned on, the defect well shown. During the video, zoom in on the battery, its defect and the reading from the Bluetooth app).. The email should indicate when the defect was noticed and what the Customer is requesting (e.g. repair, replacement, price reduction) and contact information. If it is not possible to send video / photos, or if the material sent is insufficient for remote diagnosis, the Buyer is obliged to bring the product to the Seller's service (at his own expense for verification). The Seller will audit and decide whether the product is eligible for warranty or not. If the complaint is accepted, the Seller will reimburse the Buyer for the expedient transportation costs (up to the standard economy shipping rate). In the case of rejection of complaints (e.g., user's fault), transportation costs are paid by the Buyer. 
4. The Seller shall respond to the Consumer's complaint within the following time limit 14 days from the date of its receipt. If there is no response within this period, the complaint is considered legitimate.
5. If the complaint is accepted, the Seller will take appropriate action under applicable laws - for example:
   • free of charge repair,
   • Replacement with a new Product,
   • discount

Exclusions and limitations of the warranty

6. The warranty may not be due or may be rejected when, among other things:
   • the defect was caused solely by the Customer (e.g., mechanical damage, improper use, careless maintenance, use not in accordance with the instructions),
   • The customer knew of the defect at the time of purchase, and yet decided to purchase the Product (Article 557 of the Civil Code),
   • the defect was reported after the expiration of the statutory warranty period,
   • The customer does not cooperate during the complaint process (e.g., refuses to release the Product for verification or does not provide information necessary to recognize the complaint).
7. Warranty in B2B relations (with entrepreneurs):
   • If the Buyer is a business entity (entrepreneur) and purchases the Product in connection with this activity, the warranty may be disabled or limited In accordance with Article 558 § 1 of the Civil Code. These Regulations provide that towards companies (entrepreneurs) the Seller, to the maximum extent permitted by law, excludes its liability under the warranty.
   • This means that in the case of sales contracts concluded between the Seller and entrepreneurs, the Seller is not liable for defects in the Products, unless the applicable regulations provide otherwise.
8. For the rest, unless the situations in question are governed by special agreements or mandatory provisions, the relevant provisions of the Civil Code shall apply.

IX. GUARANTEE

1. Some Products offered in the Store may be covered by a manufacturer's or distributor's warranty. The warranty period and conditions are specified in the warranty statement (warranty card) attached to the Product or available on the manufacturer's/distributor's website.
2. The minimum warranty period for new Products is 2 years, unless the manufacturer specifies a longer period. The warranty does not exclude, limit or suspend the Consumer's rights under the warranty.
3. The warranty may not specifically cover:
   • situations resulting from improper maintenance, faulty charging, reverse polarity, improper installation, exposure to extreme temperatures, physical damage, fire, flooding, unauthorized modifications,
   • damage caused by force majeure (flood, fire, other fortuitous events),
   • goods used contrary to instructions or intended use,
   • situations in which the purchaser does not have proof of purchase or does not cooperate in establishing the circumstances of the defect,
   • situations where the warranty is limited to the first purchaser and the Product has been resold to another person,
   • and other circumstances specified in the manufacturer's/distributor's warranty terms and conditions.
4. In order to exercise the warranty, it may be necessary to provide proof of purchase (invoice, receipt) and deliver the Product for verification. Shipping costs for servicing shall be borne by the Customer, unless the warranty terms and conditions state otherwise or the manufacturer/seller decides to cover them on a case-by-case basis.

X. PERSONAL DATA AND PRIVACY

1. The administrator of the Customers' personal data is the Seller. The data is processed for the purpose of executing Orders, processing possible complaints, handling claims and, if a separate consent is given, for marketing purposes.
2. The customer has the right to access, rectify, delete, limit processing, transfer, and object to his personal data.
3. Provision of personal data is voluntary, although it may be necessary for the conclusion of the Sales Agreement or proper performance of services.

XI. NATURE OF COMMERCIAL INFORMATION

• All information, descriptions, technical data, photos and prices of the products on the site allwater.co.uk are for information purposes only and do not constitute a commercial offer within the meaning of Article 66 § 1 of the Civil Code.
• Content published in the Store is only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
• The seller reserves the right to make changes to the presented products, their specifications, availability and prices without notice.
• Product images are for illustrative purposes - the actual appearance, color or configuration of the product may differ from those shown on the website.

• Any errors in descriptions or prices do not constitute grounds for claims against the Seller.

XII. FINAL PROVISIONS

1. Contracts concluded through the Store are governed by Polish law and the Polish language.
2. Any disputes arising in connection with the use of the Store or Sales Agreements will be settled by the competent common courts.
3. These Terms and Conditions are effective as of their publication on the Store's website and apply to Orders placed after that date.
4. In matters not regulated in the Regulations, the provisions of generally applicable law, including the Civil Code and the Law on Consumer Rights shall apply.
5. The Seller reserves the right to change the Terms and Conditions for important legal, organizational or technical reasons; such changes will not violate the acquired rights of Customers.

PRIVACY POLICY (RODO)

Date of last update: [23.09.2024]

1. General information
   This Privacy Policy sets out the rules for the processing of personal data on the allwater.pl website, which is owned by EFIRMY Józef Ożóg, based at: Smolarska 6a, 37-110 Żołynia, NIP: 8151525704, e-mail: info@allwater.pl, telephone number: +48 733 156 130.
   We are committed to protecting the privacy of our site users and processing their personal data in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. (RODO).
2. Data controller
   The administrator of the personal data collected via the allwater.pl website is Józef Ożóg, conducting business under the name EFIRMY Józef Ożóg, NIP: 8151525704, based at Smolarska 6a, 37-110 Żołynia.
3. What kind of data do we collect?
   We may collect the following personal information when you use our website:
   • Name,
   • Email address,
   • Phone number,
   • IP address,
   • Other data submitted via contact or order forms.
4. Purpose of data processing
   The personal data collected is processed for the following purposes:
   • Fulfillment of orders and services offered by Allwater,
   • Handling business inquiries and contacts,
   • Maintaining contact with customers (e.g., responding to inquiries),
   • Marketing activities, as long as the user has consented,
   • Sending newsletters and promotional offers.
5. Legal basis for processing
   The basis for the processing of personal data of users of allwater.pl may be:
   • Necessity of processing for the performance of the contract,
   • Voluntary consent to data processing,
   • Legal obligations (e.g., accounting, taxes),
   • Legitimate legitimate interest of the administrator (e.g. direct marketing).
6. Data transfer
   Users' personal data may be transferred:
   • Entities that process data on behalf of the controller (e.g. IT service providers, hosting),
   • To public authorities, if the obligation to make them available results from the law.
     We do not transfer personal data to third countries or international organizations.
7. Users' rights
   Each user has the following rights regarding his/her personal data:
   • The right to access your data,
   • The right to rectify them,
   • The right to delete them (right to be forgotten),
   • The right to restrict processing,
   • Right to data portability,
   • Right to object to processing,
   • The right to withdraw consent at any time (if processing was based on consent).

   To exercise these rights, the user can contact the administrator via e-mail address: info@allwater.pl.

8. Cookies
   The allwater.co.uk website uses cookies for:
   • Making it easier for users to use the site,
   • Collect statistics on visitors,
   • Personalization of marketing content.

   Each user can manage the cookie settings of their web browser. The user can disable cookies at any time, but this may affect the functionality of the website.

9. Data retention period
   Personal data will be kept for the period necessary to fulfill the purposes for which they were collected, and in accordance with applicable laws.
10. Changes to the Privacy Policy
    We reserve the right to make changes to this Privacy Policy. The current version of the document will be published on the allwater.co.uk website.
11. Contact
    If you have any questions about the Privacy Policy or the processing of your personal data, please contact us:
    • E-mail: info@allwater.pl
    • Phone: +48 733 156 130

We thank you for your trust and assure you that your personal information is safe with us.

The Regulations, together with the Privacy Policy, shall come into force on the date of their publication on the website. allwater.co.uk.