Terms and Conditions

Terms and Conditions of the Wibako Online Store

This document is a translation of the terms and conditions of the online store provided for informational purposes only. In case of any discrepancies, the original Polish version shall prevail.

§ 1. General Provisions

1. This Terms and Conditions document defines the general conditions, method of providing Services electronically, and sales conducted via the Online Store www.wibako.pl. The Store is operated by "WIBAKO" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Kojszówka, at the address Kojszówka 254, 34-231 Kojszówka, registered by the District Court for Kraków - Śródmieście in Kraków, 12th Commercial Division of the National Court Register, KRS number 0000293931, NIP 5521666508, REGON 120576320, BDO 000124940, with a share capital of: PLN 500,000.00, hereinafter referred to as the Seller.
2. Contact with the Seller can be made via:
   • email address: biuro@wibako.pl;
   • telephone number: +48 (33) 8704200;
   • the contact form available on the Online Store website.
3. This Terms and Conditions document is continuously available on the website www.wibako.pl, in a way that allows it to be obtained, reproduced, and recorded by printing or saving it to a storage medium at any time.
4. The Seller informs that the use of Services provided electronically may involve risks for every Internet user, such as the possibility of malicious software being introduced into the Client's ICT system, or unauthorized access to and modification of their data. To avoid the risk of such threats, the Client should use appropriate technical measures to minimize them, especially antivirus programs and a firewall.

§ 2. Definitions

The terms used in the Terms and Conditions shall mean:

1. Business Days – means days from Monday to Friday, excluding public holidays;
2. Delivery of Goods – means the actual act of delivering the Goods specified in the Order to the Client by the Seller, including via the Carrier, or the collection of the Goods by the Client at the Brick-and-Mortar Store.
3. Client – means the entity for whom services may be provided electronically or with whom a Sales Agreement may be concluded, in accordance with the Terms and Conditions and the provisions of law;
4. Consumer – means a natural person who performs a legal act with the Seller not directly related to their business or professional activity;
5. Civil Code – the Act of April 23, 1964 – Civil Code (i.e. Journal of Laws of 2024, item 1061, as amended);
6. Online Store – the online sales service operated by the Seller, available to Clients, through which the Client can obtain information about the presented Goods and purchase them. The Online Store is available at: wibako.pl, wibako.com, wibako.de
7. Brick-and-Mortar Store – means the location designated for customer service, located at Kojszówka 254, 34-231 Kojszówka.
8. Account – the section of the Online Store assigned to a given Client, through which the Client may perform specific actions within the Online Store;
9. Entrepreneur – means a natural person, legal person, or organizational unit without legal personality, which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal act directly related to such activity;
10. Carrier – the entity or person delivering the Goods ordered by the Client;
11. Terms and Conditions – means this document;
12. Goods – means the product presented by the Seller in the Online Store, which may be the subject of a Sales Agreement.
13. Goods with digital elements – means Goods containing or connected to digital content or a digital service in such a way that the absence of the digital content or service would prevent its proper functioning;
14. Durable medium – means a material or tool enabling the Client, Seller, or Service Provider to store information addressed personally to them, in a way that allows access to the information in the future for a period appropriate for the purposes such information serves, and that allows the reproduction of the stored information in an unchanged form;
15. Sales Agreement – the agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
16. Services – services provided by the Seller to Clients electronically within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
17. Order – the Client’s declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

§ 3. Rules for Using the Online Store

1. Using the Online Store is possible provided that the ICT system used by the Client meets the following minimum technical requirements:
   • a computer or mobile device with Internet access,
   • access to email,
   • an internet browser: Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
   • cookies and JavaScript enabled in the web browser.
2. Using the Online Store means any activity by the Client that leads to becoming familiar with the content of the Online Store.
3. It is not permitted to use the resources and functions of the Online Store to conduct activities by the Client that would violate the interests of the Seller, i.e., advertising another business or product; posting content unrelated to the Seller’s activity; posting false or misleading content.
4. The Client is obligated to use the services and functionalities provided by the Seller in a manner that does not disrupt the functioning of the Seller and the Online Store. Disruptive behavior may include, in particular, placing orders in a manner that indicates the use of tools that automate the ordering process, especially bots, or using services and functionalities in a way that suggests an intent to violate the Terms and Conditions or applicable laws.

§ 4. Services

1. The Seller provides free Services via the Online Store, which are available 24 hours a day, 7 days a week.
2. The Account service in the Online Store is available after registration. Registration is done by filling out and accepting the registration form available on one of the pages of the Online Store. The Agreement for the provision of the Account service is concluded for an indefinite period and may be terminated upon the Client’s request sent to the email address: biuro@wibako.pl. This email address is protected from spambots. You need to enable JavaScript to view it.
3. The Client may request a quote for the products of interest by adding the Goods to the quote using the “Add to quote” button. To request a quote, the “Offer form” must be completed and then submitted using the “Request quote” button. The quote will be sent to the email address provided by the Client in the “Offer form.”
4. The Client has the option to request an individual shipping quote when placing an Order. To do so, the “Individual shipping quote” option must be selected and then confirmed by clicking the “Confirm order” button. The shipping quote will be sent to the email address provided by the Client in the Order.
5. A Client with an Account, after logging in, may add Goods to the “favorites” tab. The Agreement for the provision of the service of adding Goods to the “favorites” tab is concluded for a definite period and terminates when the Goods are removed from the favorites list.
6. The Client may provide their phone number on the Online Store website to receive a call from the Seller or send a message via the “Write to us!” form. The Agreement for the provision of the service of interactive forms enabling contact with the Seller is concluded for a definite period and terminates once the Client sends the message.
7. Via the interactive form available on the “Contact” tab of the Online Store website, the Client may send their contact number, email address, and a message to receive a reply from the Seller regarding the Goods and Services presented on the Online Store. The Client sends the form to the Seller by clicking the “Send message” button. The Agreement for the provision of the service of the interactive contact form is concluded for a definite period and terminates once the Client sends the message.
8. The Client may send messages via forms available on the Online Store website to contact the Seller regarding Goods and Services presented on the Online Store. The Agreement for the provision of the interactive contact form service is concluded for a definite period and terminates once the message is sent by the Client.
9. The Seller has the right to organize occasional contests and promotions, the conditions of which will be provided on the Online Store website. Promotions in the Online Store cannot be combined unless otherwise stated in the specific promotion regulations.
10. In the event of the Client violating the provisions of these Terms and Conditions, the Seller, after an ineffective request to cease or remove the violations within a set deadline, may terminate the service agreement with 14 days' notice. The termination notice will be sent by the Seller on a Durable medium.

§ 5. Procedure for Concluding the Sales Agreement

1. The information about Goods provided on the Online Store website, in particular their descriptions, technical and usage parameters, and prices, constitute an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.
2. Goods available in the Online Store may be new, used, or refurbished. Goods marked as used or refurbished may have defects indicated in the description or visible in the photos. Goods marked as new are free from physical and legal defects. All Goods have been legally introduced to the Polish market.
3. Actions aimed at concluding an Agreement on behalf of an Entrepreneur, especially placing an Order, may only be performed by persons duly authorized to act on behalf of the Entrepreneur. It is assumed that the person placing the Order is authorized by the Entrepreneur to perform such actions.
4. When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Client electronically and constitutes an offer to conclude a Sales Agreement for the Goods indicated in the Order. Upon placing the Order, the Seller sends confirmation of its acceptance to the Client’s email address, which constitutes the Seller's declaration of acceptance of the offer, and at that moment the Sales Agreement is concluded.
5. The use of the Order form referred to in paragraph 4 and placing an Order requires an active email account.
6. Placing an Order in the Online Store by telephone, by sending an email, or by using the contact form takes place on Business Days and during the hours indicated on the Online Store website. For this purpose, the Client should:
   • during the call, in the content of the email, or in the message sent via the contact form addressed to the Seller, provide the name and quantity of the Goods available on the Online Store website,
   • indicate the delivery method and payment method from those available on the Online Store website,
   • provide the data required for Order fulfillment, in particular: name and surname, address of residence, and email address.
7. Each time an Order is placed by phone, the Client is informed about the Seller’s details, the total price of the selected Goods (including the delivery method), the total cost of the selected delivery method, and any additional costs related to the Sales Agreement. The Order is placed in real-time during the phone call. At that moment, the Sales Agreement is concluded.
8. After concluding the Sales Agreement, the Seller confirms its terms to the Client by sending them to the Client’s email address or in writing to the provided address.
9. The Sales Agreement is concluded in the language selected by the Client during the ordering process, in accordance with the Terms and Conditions. The Client may choose Polish, English, or German.

§ 6. Prices and Payment Methods

1. The prices of Goods presented on the Online Store website include all taxes and public charges. Prices are shown in the currency selected by the Client from the following: Polish zloty (PLN), US dollar (USD), or euro (EUR).
2. The given prices do not include delivery costs or any other costs that the Client will be obliged to incur in connection with the Sales Agreement, which the Client will be informed about when selecting the delivery method and placing the Order.
3. The Client may choose the following payment methods:
   • standard (traditional) bank transfer to the Seller's bank account (in this case, Order fulfillment begins after the Seller sends the Client confirmation of Order acceptance, and shipping occurs after the funds are credited to the Seller’s account and the Goods are assembled);
   • cash or card upon personal collection – payment at the Seller’s Brick-and-Mortar Store (in this case, the Order will be fulfilled immediately upon payment and the Goods will be handed over in-store);
   • cash on delivery – payment to the Carrier upon delivery (in this case, the Order will be fulfilled and shipped after the Seller sends the Client confirmation of Order acceptance and assembles the Goods);
   • electronic payment via the PayU operator (in this case, Order fulfillment begins after the Seller sends the Client confirmation of Order acceptance and receives payment confirmation from the operator's system; shipment follows immediately after assembling the Goods);
4. The available payment methods for a given transaction are displayed during the checkout process, i.e., in the shopping cart. The list of available payment methods depends on the cart contents.
5. In the case of the payment method referred to in paragraph 3(c), the total price of the Goods including delivery costs may not exceed PLN 5,000 gross.
6. The payment date is considered the date when the cash is received by the cashier or credited to the Seller's bank account.
7. The Buyer who placed an Order may receive an electronic invoice from the Seller sent to the email address provided. By accepting the Terms and Conditions and confirming familiarity with the Privacy Policy, the Buyer agrees that the Seller may issue and send a VAT invoice electronically in accordance with Article 106b(3) and Article 106n of the VAT Act.
8. A Buyer who selected electronic payment is obliged to pay for the ordered Goods no later than within 30 minutes from the moment they are redirected to the payment panel.
9. A Buyer who selected traditional bank transfer is obliged to pay for the ordered Goods no later than within 7 (seven) Business Days from the day the Order was placed.
10. The Seller informs the Client on the Online Store website of the deadline for payment. If the Client fails to make payment by the deadline, the Seller has the right to withdraw from the Sales Agreement. After the ineffective expiration of the payment deadline, the Seller will send the Client a statement of withdrawal from the agreement on a Durable medium, based on Article 492 of the Civil Code.

§ 7. Delivery

1. Delivery of Goods is subject to payment under the terms and amount specified in the Order.
2. Delivery is made to the location agreed upon between the Seller and the Client during the Order placement. If the Client who is not a Consumer does not indicate another unloading location, it is assumed that the place is the Client’s headquarters or warehouse.
3. Goods are delivered via a Carrier, i.e., a courier company or postal operator. The Client may also collect the Goods from the Seller’s Brick-and-Mortar Store.
4. The estimated delivery times, counted from the date of payment by the Client to the delivery of the Goods, are:
   • for used Goods: 5 Business Days;
   • for new Goods: 3 Business Days;
   • for custom-made Goods: 30 Business Days.
5. Delivery is made on Business Days. The Seller may individually agree with the Client on delivery on other days.
6. Each time, the delivery date will be specified by the Seller.
7. The Client is obliged to inspect the delivered package in the time and manner customary for shipments of this kind. In the event of a shortage or damage, the Client has the right to request the Carrier to draw up the appropriate protocol.
8. If the Client intends to collect the ordered Goods in person at the Brick-and-Mortar Store, the pickup date will be confirmed by the Seller via email or phone. The pickup period is 3 days from the date of notification. If the Goods are not picked up within this period, the Seller reserves the right to cancel the Order (i.e., to withdraw from the Sales Agreement under Article 395 of the Civil Code), by issuing a statement on a Durable Medium.
9. The Seller may exercise the right to withdraw from the Sales Agreement as reserved above within 30 (thirty) days from the ineffective expiration of the pickup period as defined above.

§ 8. Right of Withdrawal from the Agreement

1. The Seller may cancel an Order placed by a Client who is not a Consumer (i.e., withdraw from the Sales Agreement) from the moment of conclusion of the Agreement until the Goods are handed over to the Client or Carrier. The withdrawal may occur without providing a reason. If the Order is fulfilled in parts, the withdrawal only applies to the part not yet completed or handed over to the Carrier, unless otherwise stated in the Seller’s withdrawal notice. The Client who is not a Consumer shall not have any claims against the Seller in this regard.
2. A Client who is a Consumer may withdraw from the Sales Agreement within 14 (fourteen) days without giving any reason.
3. The withdrawal period begins:
   • for Sales Agreements involving the delivery of Goods – from the moment the Consumer or a third party designated by them (other than the Carrier) takes possession of the Goods;
   • if the Agreement involves multiple Goods delivered separately, in batches or parts – from taking possession of the last item, batch, or part;
   • for other Agreements – from the day of conclusion.
4. The Consumer may withdraw from the Sales Agreement by submitting a withdrawal statement to the Seller. The statement may be made using the form provided by the Seller on the Online Store website at: wibako.pl. To meet the deadline, it is sufficient to send the statement in writing to the Seller's address or electronically to: biuro@wibako.pl. This email address is protected from spambots. You need to enable JavaScript to view it. before the deadline expires.
5. In case of withdrawal from the Sales Agreement, the Agreement is considered not concluded.
6. If the Consumer submits a withdrawal before the Seller accepts their offer, the offer is no longer binding.
7. The Seller is obliged to promptly, and no later than within 14 days from receiving the Consumer’s withdrawal notice, return all payments made by the Consumer, including the cost of delivering the Goods. The Seller may withhold the refund until the Goods are returned or until the Client provides proof of returning the Goods, whichever occurs first.
8. The Consumer must return the Goods to the Seller immediately and no later than within 14 days from the date of withdrawal. The deadline is met if the Goods are sent back before it expires.
9. If the Consumer chose a delivery method other than the least expensive standard option offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred.
10. In case of withdrawal, the Consumer bears the direct cost of returning the Goods to the Seller.
11. The Consumer is liable for any diminished value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
12. The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer explicitly agrees to another method that does not involve any costs.
13. The right of withdrawal does not apply to Consumers in Agreements where the Goods are non-prefabricated items made to the Consumer’s specifications or to meet their individual needs.
14. The right of withdrawal does not apply to Consumers in Agreements where the Goods are items that deteriorate quickly or have a short shelf life.
15. The right of withdrawal does not apply to Consumers in Agreements where the Goods, due to their nature, are inseparably mixed with other items after delivery.
16. The right of withdrawal does not apply to Consumers in Agreements where the Goods are delivered in sealed packaging and cannot be returned after opening due to health protection or hygiene reasons, provided the packaging was opened after delivery.

§ 9. Complaints

A. Consumers

1. The Seller is liable to the Consumer for any lack of conformity of the Goods with the Sales Agreement that exists at the time of delivery and becomes apparent within two years, unless the shelf life indicated by the Seller, its legal predecessors, or persons acting on their behalf is longer.
2. The Goods conform to the Sales Agreement in particular if their:
   • description, type, quantity, quality, completeness, and functionality – and in the case of Goods with digital elements, also compatibility, interoperability, and availability of updates – comply with the Agreement;
   • suitability for any particular purpose made known by the Consumer to the Seller at the latest at the time of conclusion of the Sales Agreement and accepted by the Seller.
3. Additionally, the Goods must:
   • be fit for purposes for which such Goods are normally used, considering legal regulations, technical standards, or good practices;
   • be in the appropriate quantity and have the expected characteristics, including durability and safety, and for digital Goods – functionality and compatibility – as is typical for such Goods and as the Consumer may reasonably expect, taking into account the nature of the Goods and public statements made by the Seller or entities acting on its behalf, unless the Seller proves that:
     • they were not aware and could not reasonably have been aware of the public assurance,
     • such a statement was corrected before the Agreement was concluded,
     • the public statement had no influence on the Consumer’s purchase decision.
   • be delivered with the packaging, accessories, and instructions the Consumer may reasonably expect;
   • match the quality of any sample or model provided before the Agreement and conform to its description.
4. The Seller is not liable for the lack of conformity as described above if the Consumer was clearly informed about the deviation before the Agreement was concluded and explicitly accepted it.
5. The Seller is also liable if improper installation was:
   • carried out by the Seller or under its responsibility;
   • performed by the Consumer but resulted from incorrect instructions provided by the Seller or a third party (in the case of Goods with digital elements).
6. If the Goods are not in conformity with the Agreement, the Consumer may request repair or replacement.
7. The Seller may opt for replacement instead of repair or vice versa if the chosen remedy is impossible or would incur excessive costs. If both are impossible or disproportionately costly, the Seller may refuse to bring the Goods into conformity. In such a case, the Consumer may request a price reduction or withdraw from the Agreement.
8. The Seller must repair or replace the Goods within a reasonable time and without undue inconvenience to the Consumer, considering the nature of the Goods and the intended purpose.
9. All repair or replacement costs, including shipping, labor, and materials, are covered by the Seller. The Consumer must make the Goods available for collection at the Seller’s expense.
10. If the Goods were installed before the defect was discovered, the Seller must uninstall and reinstall the Goods after repair or replacement or arrange for such services at its own expense.
11. The Consumer may request a price reduction or withdraw from the Agreement if:
    • the Seller refuses to bring the Goods into conformity;
    • the Seller fails to do so;
    • the Goods still do not conform after an attempt was made;
    • the non-conformity is significant enough to justify immediate reduction or withdrawal;
    • it is evident that the Seller will not resolve the issue within a reasonable time or without inconvenience to the Consumer.
12. The reduced price must be proportional to the loss in value of the non-conforming Goods. Any refund must be issued promptly and within 14 days of receiving the Consumer’s declaration.
13. The Seller may reject a withdrawal request if the non-conformity is minor.
14. Upon withdrawal, the Consumer must return the Goods promptly at the Seller’s expense. The Seller refunds the price within 14 days of receiving the Goods.
15. The Seller is the entity responsible for handling complaints.
16. Refunds are made using the same method of payment unless otherwise agreed without cost to the Consumer.
17. Consumers may file complaints in any form. The Seller prefers written complaints to: WIBAKO Sp. z o.o., Kojszówka 254, 34-231 Kojszówka, or electronically via the Online Store form.
18. The Seller will respond to complaints within 14 days of receipt.

B. Entrepreneurs

1. The Seller ensures delivery of defect-free Goods. In the case of used, refurbished, or substandard Goods, the Seller informs the Entrepreneur about visible signs of wear. All Goods are properly described.
2. Warranty liability is excluded.
3. The Entrepreneur loses warranty rights if they fail to inspect the Goods in the usual manner and promptly notify the Seller of any defect. For hidden defects, notification must be made immediately upon discovery. Timely notification is considered met if sent before the deadline.
4. If the Goods are defective, the Entrepreneur may:
   • request a price reduction or withdraw from the Agreement unless the Seller immediately replaces or repairs the defective Goods without undue inconvenience. This exclusion does not apply if replacement or repair has previously failed or not been fulfilled.
   • request replacement or repair unless the chosen method is impossible or excessively costly. The Seller may refuse if the cost exceeds the value of the Goods.
5. The Seller may request additional information if the complaint is incomplete and cannot be processed.
6. The Entrepreneur must return the defective Goods within 7 days of discovering the defect.
7. Mechanical damage due to improper maintenance or use is not subject to complaints.
8. After discovering defects, the Entrepreneur must stop using the Goods immediately and notify the Seller. Damages resulting from continued use will not be covered.
9. If the Goods are free from defects, the Entrepreneur bears the complaint costs.
10. The Seller is not liable for non-conformity if the Entrepreneur was informed that the product is substandard and accepted this before concluding the Agreement.
11. Entrepreneurs may file complaints in any form. The Seller prefers written complaints to: WIBAKO Sp. z o.o., Kojszówka 254, 34-231 Kojszówka, or electronically via the Online Store form.
12. The Seller will respond to complaints within 14 days of receipt.

§ 10. Warranty

1. Goods sold by the Seller may be covered by a warranty granted by the Seller.
2. If applicable, warranty details will be included in the sales document.
3. The warranty statement defines the Seller’s obligations and the Client’s rights if the Goods do not meet the specified conditions, and includes instructions on how to use the warranty rights.

§ 11. Intellectual Property

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain, website, forms, and logos, belong to the Seller and may only be used in a manner consistent with the Terms and Conditions.
2. Clients may use content and databases on the Online Store website only within the limits of permitted use defined by the Act of February 4, 1994, on Copyright and Related Rights and the Act of July 27, 2001, on the Protection of Databases. In particular, except as permitted by these laws, the following actions for commercial purposes are prohibited without prior written consent from the Service Provider: reproduction, copying, transmission, distribution, or storage of any part of the Online Store content unless stated otherwise in the Terms and Conditions.

§12. Personal Data Protection

The personal data provided by Clients is collected and processed by the Seller in accordance with applicable laws and the Privacy Policy available on the Store's website.

§13. Final Provisions

1. Details regarding methods and access to out-of-court dispute resolution can be found at: http://www.uokik.gov.pl/spory_konsumenckie.php
2. At the address: http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and traders at the EU level (ODR platform). The ODR platform is an interactive, multilingual website providing a single point of entry for consumers and traders seeking out-of-court resolution of contractual disputes arising from online sales or service contracts.
3. If any provision of the Terms and Conditions is deemed invalid, unlawful, or unenforceable under applicable law, it shall not affect the validity of the remaining provisions. The Seller will make efforts to replace the invalid or ineffective provision with a new, legally valid one.
4. The Seller may unilaterally amend the content of the Terms and Conditions; however, such changes apply only to legal relationships established after the new version of the Terms and Conditions has been accepted. Changes do not affect the rights acquired under the previous version. The amended Terms and Conditions apply to Sales Agreements and Service Agreements concluded from the effective date of the amended document. The new version may take effect no earlier than its publication on the Seller's website.
5. These Terms and Conditions come into force on September 1, 2024.

§14. Available Documents

1. Complaint Form
2. Withdrawal Form