Store Terms and Conditions
These Terms and Conditions of the Online Store wiertla-diamentowe.pl, hereinafter referred to as the “Terms and Conditions”, set out the rules for using the Online Store and sales conducted by TRE-MAIK SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, VAT ID (NIP): 5252676024, National Court Register (KRS): 0000636830, REGON: 365390076, registered office: ul. Świętokrzyska 30/63, 00-116 Warsaw, Poland (hereinafter: the “Seller”) via the online store www.wiertla-diamentowe.pl
, including the rules for concluding sales contracts, delivering Goods to the Customer, payment of the sales price of the Goods by the Customer, the Customer’s right to withdraw from the contract, as well as the rules for filing and handling complaints.
§ 1 Definitions
Business Days – means weekdays from Monday to Friday, excluding public holidays.
Delivery – means the actual act of delivering the Goods purchased by the Customer by the Seller, via the Carrier.
Carrier – means the entity cooperating with the Seller in the delivery of Goods, namely the courier company InPost Paczkomaty Sp. z o.o. based in Kraków, providing parcel delivery services and operating the parcel locker system (“Paczkomat”).
Password – means a sequence of alphanumeric or other characters chosen by the Customer during registration in the Online Store, used to secure access to the Customer’s Account in the Online Store.
Customer – means a natural person or a legal entity with whom a Sales Agreement may be concluded.
Consumer – means a natural person performing a legal transaction not directly related to their business or professional activity.
Customer Account – means an individual panel assigned to each Customer, activated on their behalf by the Seller after the Customer registers on the website www.wiertla-diamentowe.pl.
Entrepreneur – means a natural person, legal person, or organizational unit without legal personality but with legal capacity, conducting business or professional activity in their own name, and performing a legal act directly related to that business or professional activity.
Registration – means the actual activity carried out as specified in the Terms and Conditions, performed for the purpose of creating a Customer Account, required for the Customer to use all functionalities of the Online Store.
Seller – Tre-Maik Sp. z o.o., VAT ID (NIP): 5252676024.
Sales Agreement – means a distance sales contract concluded between the Customer and the Seller under the rules set out in these Terms and Conditions.
Website – the website www.wiertla-diamentowe.pl.
Online Store – an online store operated by the Seller via the Website, enabling the conclusion of distance sales contracts (without the simultaneous physical presence of the parties, using only means of remote communication).
Goods – products offered by the Seller in the Online Store, sold by the Seller in retail quantities.
§ 2 General Provisions and Use of the Online Store
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain name, Website, as well as patterns, forms, and logos placed on the Website, belong to the Seller, and use of them may take place only in the manner specified and compliant with these Terms and Conditions and with the prior consent of the Seller. The purchase of Goods in the Online Store requires prior Registration under the rules set out in § 3 of the Terms and Conditions. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types, and types of Internet connections. The minimum technical requirements necessary for cooperation with the IT system used by the Seller, including conclusion of a Service Agreement or Sales Agreement, are:
A computer, laptop, or other multimedia device with Internet access (for applications – a mobile device);
Access to email;
Internet browser: Mozilla Firefox 17.0 or higher, Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher, Safari 5.0 or higher;
Recommended minimum screen resolution: 1024×768;
Enabling cookies and Javascript in the browser;
In case of concluding a Sales Agreement by phone: a telephone;
For applications: mobile operating system Android 4.0.3 or higher or iOS 9.03.4 or higher;
A mobile device with a camera and geolocation (GPS) service.
To conclude a Sales Agreement, the Customer must have a valid/active email address and, in certain cases, a keyboard or other pointing device enabling the correct completion of electronic forms.
It is prohibited for the Customer to provide unlawful content and to use the Online Store, the Website, or the free services provided by the Seller in a manner inconsistent with the Terms and Conditions, applicable law, good practices, or in a way that infringes the personal rights of third parties.
It is also prohibited to use the resources and functions of the Online Store to conduct activities by the Customer that would harm the interests of the Seller.
§ 3 Registration
The use of the Online Store by the Customer is possible:
- after prior Registration, that is, filling out the registration form, creating a Customer Account and obtaining their own login, as well as accepting the Privacy Policy and these Terms and Conditions, which are available to the Customer prior to registration at www.wiertla-diamentowe.pl,
- without prior registration in the Online Store.
Registration of a Customer Account is free of charge.
To register a Customer Account, the Customer must fill out the registration form provided by the Seller on the Online Store’s Website and submit the completed registration form electronically to the Seller by selecting the appropriate function in the registration form.
After sending the completed registration form, the Customer will receive, via electronic mail sent to the email address provided in the registration form, a confirmation of the registration of the Customer Account by the Seller. At that moment, an agreement for the electronic provision of the Customer Account service is concluded, and the Customer gains access to the Customer Account and the ability to modify the data provided during Registration.
§ 4 Conclusion of the Sales Agreement and Its Performance
The Customer may use the Online Store 7 days a week, 24 hours a day.
To place an order, the Customer should perform at least the following actions, some of which may be repeated multiple times: add a product to the cart; choose the type of delivery; choose the payment method; place an order in the Store by clicking the “Buy and Pay” button.
After selecting a Product, the Customer should click the “Add to Cart” icon. The Product will be moved to the shopping cart, which can be viewed by clicking on the cart icon in the top bar of the page. The Customer may proceed to the cart by selecting the “Checkout/Order” button, which opens a page displaying all Products contained in the shopping cart.
After choosing the “Order” option, a page will open where the Customer must provide the data necessary to complete the transaction and ship the ordered Product.
Once logged in to the Online Store, the Customer gains access to additional options in the Customer Panel, such as: order history, the ability to check the status of the most recent order, saving shipping addresses, and the option to receive updates about products from the Online Store.
After selecting the delivery method and providing all necessary data (including invoice details, if applicable), the Customer must choose the payment method.
The Customer may choose an online payment method (bank transfer to the Seller’s account or payment via the Przelewy24 service).
The Customer places the order by clicking the “Buy and Pay” button.
After clicking the “Buy and Pay” button, and if the Customer has selected online payment, after making payment through the Przelewy24 service, the Customer is redirected to an order confirmation page, from which they may continue shopping or proceed to the order summary.
If the Customer chooses online payment (transfer or payment through the Przelewy24 system), the payment instruction must be executed immediately after placing the order.
If payment is not received in the Seller’s bank account or in the accounts of the intermediaries in the transaction (Przelewy24 service), the order is not considered properly placed, which means the agreement is not concluded, and the order will not be processed. In such a case, the Customer must place a new order.
For card payments, the order processing time starts from the moment of obtaining positive authorization.
At any stage of placing an order, up until clicking the “Buy and Pay” button, the Customer may cancel the order by discontinuing further steps and leaving the order page. An order not completed by the Customer will not be processed.
After placing an order, a confirmation email is sent to the Customer’s email address provided during login. This message includes an individual order number, which allows, among other things, tracking the order’s processing status.
The Seller may contact the Customer at the provided email address or by telephone, using the contact number given by the Customer, in order to clarify issues related to the order, resolve discrepancies, confirm the order, or address other matters related to order processing.
The sales agreement with the Consumer is concluded at the moment the order is placed.
Execution of an order placed by a Consumer with cash-on-delivery payment occurs immediately, while orders paid by bank transfer or via electronic payment systems are processed after the payment has been credited to the Seller’s account.
The Sales Agreement with the Customer is concluded at the moment the order is accepted by the Seller, which the Seller will inform the Customer of within 48 hours of placing the order.
Order execution for the Customer occurs immediately after the conclusion of the agreement, and for orders paid by bank transfer or electronic payment systems – after the conclusion of the agreement and once the payment has been credited to the Seller’s account.
The Goods are shipped within a maximum of 5 days from the date specified above. The purchased Goods, together with the sales document, are delivered by the chosen delivery method to the place of delivery indicated by the Customer in the order.
The information provided on the Online Store’s Website does not constitute an offer to conclude an agreement within the meaning of the Civil Code.
The agreement is concluded in the Polish language.
§ 5 Payments
Prices on the Online Store Website are displayed only next to the relevant Goods and are gross prices. All prices provided by the Seller are expressed in Polish currency (PLN).
The prices listed in the Online Store do not include information about delivery costs or other additional charges that the Customer is obliged to bear in connection with the Sales Agreement.
The Customer will be informed of all costs related to the conclusion of a Sales Agreement with the Seller when selecting the method of delivery and placing the order, via email sent to the address provided by the Customer.
The price displayed on the Website at the time of placing the order is the final price, binding on both the Customer and the Seller. Once an order has been placed, the price of the ordered Goods will not change, regardless of any subsequent price changes or promotional or clearance campaigns introduced by the Seller.
The Seller reserves the right to change the prices of Goods offered in the Online Store, introduce new Goods for sale, carry out and cancel promotional campaigns on the Online Store Website, or make changes to them in accordance with the provisions of the Civil Code and other applicable laws.
A Customer purchasing in the Online Store may choose the following payment methods:
- online payment – by bank transfer, or
- payment via the Przelewy24 payment system.
The entity providing online payment services is Blue Media S.A., as well as the external payment system Przelewy24 operated by PayPro Spółka Akcyjna, based in Poznań.
The operator of card payments is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Poznań.
If the chosen payment method for the Goods is an online payment (bank transfer, card payment, or Przelewy24), the payment instruction must be executed immediately after placing the order.
For card payments, the order processing time begins at the moment of obtaining positive authorization.
If payment is not received in the Seller’s bank account or by the intermediaries handling the transaction (Przelewy24 service), the order is not considered properly placed, which means the contract is not concluded, and the order will not be processed. In such a case, a new order must be placed.
In the event that it is necessary to refund funds for a transaction made by the Customer with a payment card, the Seller will refund the amount to the bank account assigned to the Customer’s payment card.
§ 6 Delivery
The Seller delivers exclusively within the territory of the Republic of Poland.
Delivery of an order outside the territory of the Republic of Poland may take place only after agreeing on the delivery terms and conditions directly with the Seller at the email address: zamowienia@wiertla-diamentowe.pl.
The Seller undertakes to deliver Goods subject to the sales contract free from defects.
The delivery and order processing time is up to 5 business days from the date of concluding the contract and crediting the Customer’s payment.
The ordered Goods, together with the sales document, are sent to the Customer via the Carrier to the address indicated in the order form.
The Customer is obliged to inspect the delivered shipment at the time and in the manner customary for shipments of that type. In the event of shortages or damage to the shipment, the Customer has the right to request the Carrier to prepare an appropriate report.
The Seller shall include a receipt or, at the Customer’s request, a VAT invoice covering the delivered Goods with the shipment subject to Delivery.
If the Customer fails to collect the shipment, they are obliged to cover the costs of returning the shipment to the Seller’s registered office, in an amount equal to the cost of its delivery to the Customer.
§ 7 Warranty (Statutory Warranty for Defects)
The Seller ensures the delivery of Goods free from physical and legal defects. Pursuant to Article 558 § 1 of the Polish Civil Code, the Seller excludes liability towards Customers who are not Consumers for physical and legal defects (statutory warranty). With respect to Customers who are Consumers, the Seller is liable for defects in accordance with Articles 556 et seq. of the Civil Code.
If the Goods have a defect, the Consumer may submit a declaration to reduce the price or withdraw from the sales contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Goods with Goods free of defects or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller. The Consumer may demand replacement of the Goods with ones free from defects, or instead of replacement, demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
When assessing whether the costs are excessive, the value of Goods free from defects, the type and significance of the identified defect, as well as the inconvenience to which the Consumer would be exposed by an alternative method of satisfaction, shall be taken into account.
The Consumer may, instead of the defect removal proposed by the Seller, demand replacement of the defective Goods with Goods free from defects or demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. In such a case, the Seller may refuse to satisfy the Consumer’s demand.
The Consumer may not withdraw from the contract if the defect is insignificant.
A Consumer exercising rights under the statutory warranty is obliged to deliver the defective Goods at the Seller’s expense to the address indicated by the Seller.
Any complaints related to the Goods or the performance of the sales contract may be sent by the Consumer to the following email address: kontakt@wiertla-diamentowe.pl.
The Seller undertakes to respond to a complaint concerning Goods within 14 days from the date of receipt of the complaint submitted by the Consumer. For this purpose, the Seller will contact the Customer at the Customer’s email address provided during registration.
Within one year from the date of identifying a defect, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item. If the Consumer has requested replacement of the Goods with Goods free from defects or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or a price reduction begins when the deadline for replacement or defect removal has expired without effect.
If the Consumer pursues one of the warranty rights before a court or arbitration court, the time limit for exercising other warranty rights available to the Consumer is suspended until the final conclusion of the proceedings. The same applies to mediation proceedings, in which case the time limit for exercising other warranty rights available to the Consumer begins to run from the date on which the court refuses to approve the settlement concluded before the mediator or from the unsuccessful conclusion of mediation.
§ 8 Withdrawal from the Sales Agreement
A Customer who is a Consumer and who has concluded a sales contract may, within 14 days from the moment of receiving the product, exercise their statutory right to withdraw from it without giving any reason. The period for withdrawal from the sales contract begins upon receipt of the Goods by the Consumer.
The Consumer may withdraw from the sales contract by submitting to the Seller a declaration of withdrawal. This declaration may be submitted in writing – on the form provided as an appendix to these Terms and Conditions (use of the form is not mandatory). The declaration of withdrawal from the contract may also be submitted electronically by using the form provided by the Seller on the Online Store’s website at www.wiertla-diamentowe.pl, or by sending an email to the Seller at: kontakt@wiertla-diamentowe.pl.
To meet the deadline, it is sufficient to send the declaration before its expiry.
The returned product must show no signs of use – each element must be complete and factory-packaged, and the Goods delivered in their original packaging in unchanged condition. If this requirement is not met, the product will not be accepted.
In the event of withdrawal from the sales contract, the contract is considered null and void. The Seller is obliged to immediately, and no later than within 14 days from the date of receiving the Consumer’s declaration of withdrawal, refund all payments made by the Consumer, including the cost of delivery of the Goods to the Consumer.
The Seller shall refund payments using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not involve any additional costs. The Seller may withhold the refund until the Goods are received back or the Consumer provides proof of having returned the Goods, whichever occurs first.
The Seller is obliged to refund to the Consumer the cost of the cheapest available shipping method offered at the time of purchase.
The Consumer must return the Goods to the Seller immediately, but no later than within 14 days from the day on which they withdrew from the sales contract. To meet the deadline, it is sufficient to send the Goods to the Seller’s address before the deadline expires.
The Consumer is responsible for any reduction in the value of the Goods resulting from handling them in a way that goes beyond what is necessary to establish their nature, characteristics, and functioning.
§ 9 Reporting Threats or Infringements of Rights
In the event that a Customer or any other person or entity considers that the content published on the Online Store’s Website violates their rights, personal rights, good practices, feelings, morality, beliefs, principles of fair competition, know-how, trade secrets protected by law, or contractual obligations, they may notify the Seller of a potential infringement.
If the notification referred to in paragraph 1 above is deemed justified, the Seller, upon being informed of the potential infringement, shall immediately take action to remove from the Online Store’s Website the content that caused the infringement.
§ 10 Termination of Agreements (other than the Sales Agreement)
Both the Customer and the Seller may terminate the service agreement for electronic services concluded at the moment of registering a Customer Account at any time and without providing reasons, subject to the preservation of rights acquired by the other party prior to the termination of the agreement and the provisions below.
A Customer who has registered may terminate the service agreement for electronic services by sending the Seller a relevant declaration of intent using any means of remote communication that allows the Seller to become acquainted with the Customer’s declaration of intent.
The Seller may terminate the service agreement for electronic services by sending the Customer a relevant declaration of intent to the email address provided by the Customer during registration.
§ 11 Final Provisions
The Seller shall be liable to Consumers for failure to perform or improper performance of the contract. In the case of agreements concluded with Customers who are not Consumers, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses incurred by such Customer.
In the event of a dispute arising under the concluded sales contract, the parties will seek to resolve the matter amicably. The governing law for resolving all disputes arising under these Terms and Conditions shall be Polish law.
The Seller reserves the right to amend these Terms and Conditions for important reasons, namely: changes in applicable law, changes in payment methods, or changes in delivery methods – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of any changes at least 7 days in advance. If the Customer does not accept the new content of the Terms and Conditions, they must notify the Seller, which results in termination of the agreement in accordance with the provisions of §12 of the Terms and Conditions.
In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to conduct out-of-court dispute resolution. These may include, in particular, consumer rights ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection (UOKiK).
These Terms and Conditions enter into force on 01.03.2023.