Terms and Conditions

These Terms and Conditions set out the rules for sales made through the online shop available at https://termometrwifi.com/en/ (the “Online Shop”) and the rules for providing services by electronic means.

Seller: Katarzyna Gałkowska, trading as termometrwifi.pl, ul. Heliosa 29B/1, 80-180 Kowale, Poland, tax identification number (NIP) 5831010618. Contact: email [email protected].

§ 1 Definitions

1. Working days - Monday to Friday, excluding public holidays in Poland.
2. Delivery - delivery of the Goods specified in the order to the Customer by a carrier.
3. Customer - a natural person, legal person or organisational unit to whom services may be provided by electronic means or with whom a Sales Contract may be concluded.
4. Consumer - a natural person concluding a contract with the Seller that is not directly related to their business or professional activity.
5. Sole trader with consumer rights - a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for them. The provisions of these Terms and Conditions concerning Consumers apply to them accordingly.
6. Customer Account - the Customer’s personal account area in the Online Shop, available after Registration.
7. Registration - creating a Customer Account in the manner set out in these Terms and Conditions.
8. Goods - a product presented in the Online Shop that may be the subject of a Sales Contract.
9. Durable medium - any material or tool that allows information to be stored in a way that makes it accessible in the future and allows it to be reproduced unchanged, in particular an email message.
10. Sales Contract - a distance contract for the sale of Goods concluded between the Customer and the Seller under these Terms and Conditions.

§ 2 General provisions

1. All rights to the Online Shop, its name, content, logos and designs belong to the Seller, except for third-party materials. They may be used only in accordance with these Terms and Conditions or with the Seller’s written consent.
2. To use the Online Shop you need: a device with internet access, an up-to-date web browser with JavaScript and cookies enabled, and an active email address.
3. The Online Shop uses cookies as described in the Privacy Policy. Disabling cookies may make it harder to use the Online Shop.
4. The Customer must not provide unlawful content or use the Online Shop in a way that is contrary to the law or to accepted standards of conduct, or that infringes the rights of third parties.
5. Using the internet involves a risk of unauthorised access to data. The Customer should use appropriate security measures. The Seller never asks the Customer for their password.
6. These Terms and Conditions are made available in the language of the Online Shop, and the Sales Contract is concluded in that language.

§ 3 Registration

1. Registration is free of charge and is not required to place an order.
2. To register, the Customer fills in the registration form in the Online Shop, sets a password and accepts these Terms and Conditions.
3. Consent to the processing of data for marketing purposes is voluntary, is not a condition of Registration and may be withdrawn at any time, for example by email to the Seller.
4. After Registration, the Customer receives a confirmation at the email address provided. At that moment a contract for maintaining the Customer Account is concluded.

§ 4 Orders and conclusion of the contract

1. Information about the Goods in the Online Shop is not an offer within the meaning of civil law, but an invitation to treat.
2. Orders can be placed 24 hours a day, 7 days a week. The Customer adds Goods to the basket, enters their details and submits the order form. Placing an order constitutes an offer to the Seller to conclude a Sales Contract.
3. When placing an order, the Customer sees the method and cost of Delivery and the available payment methods. The exception is Goods shipped on a pallet (wooden smokers): the method and cost of their Delivery are agreed individually after the order is placed.
4. After receiving the order, the Seller sends the Customer an email confirming its acceptance. The Sales Contract is concluded at that moment, subject to paragraph 5.
5. For an order with individually agreed Delivery, the Seller sends the Customer a proposal of terms: the method and cost of Delivery, the expected Delivery time, the total price to be paid and the payment method. The Sales Contract is concluded when the Customer accepts these terms (by replying by email or by making the payment). Placing such an order does not oblige the Customer to pay, and if the Customer does not accept the terms, the order is cancelled at no cost to the Customer.
6. The Seller confirms the content of the concluded Sales Contract to the Customer on a Durable medium (by email).

§ 5 Prices and payment

1. Prices of the Goods shown in the Online Shop are gross prices in the currency of the Online Shop and do not include Delivery costs. The Delivery cost is shown when the order is placed and, for individually agreed Delivery, in the proposal of terms (§ 4(5)).
2. The payment methods available for a given order are shown when it is placed: payment card via the Przelewy24 service (operator: PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, Poland) or bank transfer to the Seller’s account given by email.
3. Card payment is made when the order is placed. When paying by bank transfer, the Customer should pay within 7 Working days of concluding the Sales Contract, unless the parties have agreed on a different deadline. Order processing starts once the payment has been received.
4. If payment is not made on time, the Seller sets the Customer an additional deadline on a Durable medium, stating that if it passes without payment the Seller will withdraw from the Sales Contract.
5. For every sale the Seller issues an invoice in accordance with Polish law and sends it by email as a PDF file.

§ 6 Delivery

1. The Seller delivers by courier to the countries available in the order form. Goods shipped on a pallet are delivered by a carrier agreed with the Customer.
2. The lead time is stated in the product description (Goods made to order, e.g. smokers, have a longer lead time) and, for individually agreed Delivery, also in the proposal of terms.
3. The Seller is obliged to deliver Goods that conform to the Sales Contract.
4. On the day the Goods are dispatched, the Seller informs the Customer by email that the parcel has been sent.
5. The Customer should check the parcel on receipt. If the parcel is damaged, we recommend drawing up a damage report in the presence of the carrier; this is not a condition for the Consumer to exercise the rights described in § 7.

§ 7 Goods not conforming to the contract and faulty goods claims

1. The Seller is liable to the Consumer for any lack of conformity of the Goods with the Sales Contract that exists at the time of delivery and becomes apparent within two years of that time.
2. If the Goods do not conform to the contract, the Consumer may request their repair or replacement. The Seller may replace the Goods when the Consumer requests repair, or repair them when the Consumer requests replacement, if bringing the Goods into conformity in the way chosen by the Consumer is impossible or would involve excessive costs. The costs of repair or replacement, including shipping costs, are borne by the Seller.
3. The Consumer may declare a price reduction or withdraw from the Sales Contract if: the Seller has refused or failed to repair or replace the Goods, the lack of conformity persists despite an attempt to remedy it, the lack of conformity is so serious that it justifies this without prior repair or replacement, or it is clear from the circumstances that the Seller will not remedy the lack of conformity within a reasonable time or without significant inconvenience. The Consumer may not withdraw from the contract if the lack of conformity is minor.
4. A faulty goods claim can be made by email to [email protected] or in writing to the Seller’s address. It helps to include the order number, a description of the non-conformity and the remedy requested.
5. The Seller responds to a faulty goods claim within 14 days of receiving it.
6. Complaints about services provided by electronic means can be made by email to [email protected]. The Seller handles them within 14 days.

§ 8 Guarantee

1. Goods may be covered by a guarantee. Information about the guarantee, its terms and its duration is given in the product description.
2. The guarantee does not exclude or limit the Consumer’s rights in respect of non-conformity of the Goods with the contract.

§ 9 Right of withdrawal

1. The Consumer may withdraw from the Sales Contract without giving any reason within 14 days of the day on which they (or a third party other than the carrier indicated by them) took possession of the Goods.
2. To withdraw, it is enough to send the Seller a clear statement before the deadline, for example by email to [email protected] or in writing to the Seller’s address. The Consumer may use the model withdrawal form at the end of these Terms and Conditions, but this is not obligatory. The Seller confirms receipt of the statement without delay.
3. The Seller refunds to the Consumer all payments received, including the cost of Delivery to the Consumer (except for any additional costs resulting from the Consumer choosing a Delivery method other than the cheapest one offered), without undue delay and no later than 14 days after receiving the withdrawal statement. The refund is made using the same payment method, unless the Consumer agrees to a different one at no cost to them.
4. The Seller may withhold the refund until the Goods have been received back or until proof of their return has been supplied, whichever is earlier.
5. The Consumer sends the Goods back to the Seller’s address without undue delay and no later than 14 days after the day of withdrawal. The Consumer bears the direct cost of returning the Goods. For Goods that cannot be returned by ordinary post because of their size or weight (e.g. smokers), the Seller will, at the Consumer’s request, give an estimated cost of return before withdrawal.
6. The Consumer is liable for any diminished value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.
7. The right of withdrawal does not apply to Goods made to the Consumer’s specifications or clearly personalised, or to Goods supplied in a sealed package that cannot be returned for health protection or hygiene reasons once opened, if the package was opened after delivery.
8. Address for returns: termometrwifi.pl, Katarzyna Gałkowska, ul. Heliosa 29B/1, 80-180 Kowale, Poland.

§ 10 Exchange of Goods

1. To exchange Goods for different ones, the Consumer may withdraw from the contract in accordance with § 9 and place a new order.

§ 11 Services provided by electronic means

1. The Seller provides the following services free of charge: maintaining the Customer Account and posting reviews of Goods.
2. The Customer Account allows the Customer to change the details provided at Registration and to view the status and history of orders. The Customer may request deletion of the Customer Account at any time; the Seller deletes it within 14 days.
3. Posting reviews means publishing subjective statements about Goods by Customers who have a Customer Account. The Customer may stop using this service at any time.
4. The Seller may block access to the Customer Account and services if the Customer acts to the detriment of the Seller or other Customers, breaches the law or these Terms and Conditions, or for security reasons (e.g. attempts to breach security measures), for the time needed to clarify the matter. The Seller informs the Customer of this by email.

§ 12 Content posted by Customers

1. Content posted by Customers does not express the views of the Seller. The Customer declares that they have the right to the content posted and that any data or images of third parties are posted with their consent.
2. It is forbidden to post content that is unlawful, offensive, infringes the rights of third parties or accepted standards of conduct, or is promotional in nature.
3. The Customer agrees to the content posted being used free of charge in the Online Shop.
4. Anyone may report to the Seller by email any content that breaks the law or infringes personal rights. The Seller removes such content without delay after receiving the report. The Seller does not monitor content on an ongoing basis.

§ 13 Personal data

1. The controller of personal data is the Seller. The rules for processing data are set out in the Privacy Policy available in the Online Shop.

§ 14 Termination of the contract for services

1. The Customer and the Seller may terminate the contract for services provided by electronic means at any time, without prejudice to rights acquired before termination. The Customer may give notice in any way, e.g. by email; the Seller gives notice by email to the address provided at Registration.
2. This provision does not apply to Sales Contracts.

§ 15 Governing law and disputes

1. Contracts concluded under these Terms and Conditions are governed by Polish law. This choice of law does not deprive the Consumer of the protection afforded to them by the mandatory provisions of the law of the country in which they have their habitual residence.
2. The parties will try to resolve disputes amicably. The Consumer may use the out-of-court dispute resolution methods available in their country, e.g. help from a national consumer organisation or the European Consumer Centre.
3. In relation to Customers who are not Consumers, the Seller is liable only for damage caused intentionally and only up to the amount of the loss actually incurred.

§ 16 Final provisions

1. These Terms and Conditions can be printed or saved from the Online Shop at any time.
2. The Seller may amend these Terms and Conditions for important reasons (a change in the law or a change in the way the Online Shop operates). An amendment takes effect 7 days after publication; registered Customers are informed of it by email. Orders placed before the amendment are processed under the Terms and Conditions in force on the day the order was placed. A Customer who does not accept the amendments may terminate the contract for maintaining the Customer Account.
3. These Terms and Conditions are effective from the date of their publication in the Online Shop.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: termometrwifi.pl, Katarzyna Gałkowska, ul. Heliosa 29B/1, 80-180 Kowale, Poland, email: [email protected]

I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*):
……………………………………………………
Ordered on(*) / received on(*): ………………..
Order number: ………………..
Name of consumer(s): ………………..
Address of consumer(s): ………………..
Signature of consumer(s) (only if this form is notified on paper): ………………..
Date: ………………..

(*) Delete as appropriate.