Terms and Conditions

§ 1 General provisions

The online store: Smartwood.pl, operating at the address: shop.smartwood.pl, is run by SMARTWOOD Jarosław Junik, with its registered office: Łazy 103a, 37-550 Radymno, NIP: PL7922255226, REGON: 181146275.

These Regulations define the rules for using the Online Store, in particular the rules for concluding Sales Agreements for Goods in the Online Store's assortment via the Online Store, the rules for the performance of these contracts and the rules for the complaint procedure.

§ 2 Contact with the store

Seller's contact details:

Postal address: SMARTWOOD Jarosław Junik, Łazy 103a, 37-550 Radymno
E-mail address: shop@smartwood.pl
Telephone numbers: +48 535 982 922
Bank account number:
[PLN (PLN) ] Bank PEKAO SA 24124025711111001098149716
[EURO (€) ] Bank PEKAO SA PL 58124025711978001113497714
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may communicate with the Seller by phone on the following days/hours: Monday - Friday: 7:00 - 15:00 (except for public holidays).

§ 3 Definitions

Whenever the following terms are used in these Regulations, they should be understood as:

Order Form - a service available on the Online Store website, through which the Customer can make a purchase, in particular by adding the Goods to the Basket and specifying the terms of the Sales Agreement - including the method of delivery and payment.
Customer - a natural person, including a Consumer, who is at least 13 years old (provided that he has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which uses the services provided by the Online Store .
Consumer - a user who is a natural person, performing activities in the Online Store not directly related to his business or professional activity.
Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered as part of the Customer Account service.
Cart - an element of the Online Store in which the Customer can see selected goods and has the ability to modify data.
Online Store - a website belonging to the Seller, available under the domain www.shop.smartwood.pl, through which the Customer can purchase Goods from the Seller.
Seller - the entity indicated in § 1, which, while conducting commercial or professional activity, proposes sales via the Online Store.
Goods - a movable item that is traded between the Online Store and the Customer.
Sales Agreement - a contract for the sale of Goods concluded remotely by the Customer via the Online Store.

§ 4 Registration and logging in

The Seller provides electronic services in the field of enabling Customers to set up and use a Customer Account on the Online Store website.
Browsing the assortment of the Online Store does not require setting up a Customer Account. Placing orders for Goods by the Customer is possible either after setting up a Customer Account, or by providing the necessary personal and address data, enabling the execution of the order without creating a Customer Account.
Registration of the Customer Account in the Online Store is voluntary and free of charge.
The Customer may at any time, without giving a reason and without incurring any fees, delete the Customer Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 2.
In order to register a Customer Account, the Customer must read and accept these Regulations, as well as the Customer's consent to the processing of his personal data provided during registration, marked as mandatory.

§ 5 Placing an order

The Customer may place orders for products available in the Online Store's assortment, 7 days a week and 24 hours a day, by completing the Order Form.
When placing an order, it is necessary for the Customer to read and accept these Regulations. Reading the indicated document and accepting it, the Customer confirms by checking the appropriate box before finalizing the order. The lack of acceptance by the Customer of these Regulations in the course of placing the order prevents the use of the possibility of purchasing the Goods via the Online Store.
Goods ordered in the Online Store by a Consumer or Entrepreneur who is not obliged to settle intra-Community acquisition of goods may be delivered only within the territory of the Republic of Poland, unless the Seller has decided otherwise. § 7 shall apply to deliveries made on the territory of a Member State other than the territory of the Republic of Poland.
Upon placing an order, the Seller immediately confirms its receipt and at the same time accepts the order for execution. Confirmation of receipt of the order and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the order, which contains at least the Seller's statement on receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
The customer who chose payment in advance when placing the order should pay the price and the cost of delivery of the goods within 3 days from the conclusion of the Sales Agreement. In the absence of payment within the above time, the order is cancelled.
If, as part of a single economic transaction with a value exceeding PLN 15,000, the Customer purchases as an Entrepreneur who is a VAT payer, including an Individual Entrepreneur who is a VAT payer, at least one of the goods of Annex No. 15 to the Act on tax on goods and services of March 11 2004 (Journal of Laws No. 54, item 535, as amended), then such a transaction will be subject to a special settlement in the area of value added tax (the so-called split payment mechanism). In this case, the Customer will be automatically notified of the transaction settlement rules and further steps.
The Seller may cancel an order placed by a Customer who is not a Consumer (i.e. withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) up to 7 days from the conclusion of the Sales Agreement. Withdrawal from the Sales Agreement in this case may take place without giving any reason. Withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller. § 8 para. 7 and sec. 8 of the Regulations.

§ 6 Prices of goods

The prices of the goods presented on the Online Store website are expressed in Polish zlotys PLN (PLN), for foreign customers the currency is EURO (€). (currency) and are gross prices, i.e. they include taxes, including value added tax (VAT).
The binding and final price is the price given in the Basket, i.e. in the order summary, at the time of placing the order by the Customer via the Online Store.
Goods ordered in the Online Store by persons indicated in § 5 para. 3 lit. a and b, may be delivered only within the territory of the Republic of Poland, unless the Seller, presenting the Goods in the Online Store, decided otherwise.
The Seller reserves the right to withdraw from the contract concluded with the Entrepreneur indicated in § 5, if, as a result of the order placed by him, the total value of deliveries of goods made as part of intra-Community distance sales of goods within the meaning of the Act on tax on goods and services would exceed the Seller's the tax year, the amount of PLN 42,000. In this case, the Seller will send the Customer a statement of withdrawal from the contract pursuant to art. 395 § 1 of the Civil Code within the time limit specified in § 5 sec. 9 of the Regulations.

§ 7 Execution of orders

The execution time of an order placed via the Online Store, if the goods are delivered to the indicated address in the territory of the Republic of Poland, is from 2 to 4* working days** from the date:

if the Customer selects payment on delivery of the ordered goods when placing the order (cash on delivery) - from the date the Seller sends an e-mail to the Customer confirming the acceptance of the order for execution,
if the Customer selects payment in advance by credit card or online bank transfer when placing the order - from the date of receipt by the Seller of confirmation of the correct execution of the payment by the entity performing the payment.

The execution time of an order placed via the Online Store, if the goods are delivered to the indicated address in the European Union, is from 2 to 4* working days** from the day:

if the Customer selects payment in advance by credit card or online bank transfer when placing the order - from the date of receipt by the Seller of confirmation of the correct execution of the payment by the entity performing the payment.

* - The deadline of 2 working days applies to products not subjected to painting treatment, the deadline of 4 working days applies to products subjected to painting treatment.

** - We reserve the right to extend the order fulfillment time. The current and actual information on the fulfillment time is available on the product card under the 'add to cart' button.

§ 8 Right to withdraw from the contract

A consumer or a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person (resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity) may, within 14 days from the date of conclusion of the Sales Agreement, withdraw from the contract without giving a reason.
The period specified in par. 1 begins with the delivery of the Goods to the Customer or a person other than the carrier indicated by him.
The Customer may withdraw from the Sales Agreement by submitting to the Seller an unequivocal statement of withdrawal from the Sales Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Customer to send a letter by post to the address indicated in § 2 or by sending this statement via e-mail to the address shop@smartwood.pl before the expiry of the indicated period .
To meet the deadline to withdraw from the Agreement, it is enough to send information regarding the exercise of the right to withdraw from the Agreement before the deadline to withdraw from the Agreement.
In the event of withdrawal from the Agreement, the Customer is obliged to return the goods to the Seller at his own expense immediately, but not later than within 14 days from the date on which the Customer informed the Seller about the withdrawal from the Agreement. To meet the deadline, it is sufficient if the Customer sends the goods back to the address indicated in § 2 before the expiry of the 14-day period.
The Customer returning the Product/Products is obliged to properly secure the contents of the shipment/return shipments/return shipments - due to the unusual sizes of packaging used for shipping. We suggest not throwing away the cartons before finally making a return decision.
In case of difficulties in organizing the return on your own, we offer a paid option to collect the goods from the customer:

From Poland at the price of normal delivery + 6 euro.
From any EU country at the price of normal delivery + 24 euro.

In the event of withdrawal from the Agreement, the Seller shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, return to the Customer all payments received from him, except for the costs of delivering the goods.
The refund will be made by the Seller using the same payment methods as used by the Customer, unless the Customer expressly agreed to a different method of payment refund - in any case, the Customer will not incur any fees in connection with this return.
The Seller has the right to withhold the reimbursement of payments received from the Customer until receipt of the Goods back.
Returns do not apply to goods that have signs of use or assembly.
The customer is responsible for the decrease in the value of the item as a result of using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
Pursuant to Art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from a distance contract does not apply to the contracts indicated in the above-mentioned article.

§ 9 Complaint

The Sales Agreement covers new products.
The Seller is obliged to deliver the Goods to the Customers without physical and legal defects. The Seller is liable to the Customers for defects in the Goods on the terms set out in the provisions of the Act of April 23, 1964. Civil Code (consolidated text, Journal of Laws of 2020, item 1740, as amended), in particular in art. 556 and following of the Civil Code.
Complaints should be submitted in writing or electronically to the email address: reklamacje@smartwood.pl.
It is recommended that the complaint include, among others: detailed photographic documentation, a concise description of the defect (preferably listing damaged/missing parts/elements along with their markings from the assembly instructions), circumstances of its occurrence, date of occurrence, details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
Complaints do not apply to parts damaged due to incorrect installation.
The Seller will consider and respond to the complaint immediately, no later than within 14 days from the date of submission of the complaint. The Customer will be informed about the method of considering the complaint in accordance with the data indicated in the complaint.

§ 10 Out-of-court methods of dealing with complaints and pursuing claims

Detailed information on the possibility for the consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Inspection Handlowa and at the following Internet address of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl
A customer with the status of a consumer may obtain free assistance in resolving an individual dispute between the consumer and the Online Store, using the free legal assistance of the municipal or poviat consumer ombudsman or social organization whose statutory tasks include consumer protection, including Consumer Federation - website address:
http://www.federacja-konsumentow.org.pl
The Network of European Consumer Centers also helps in resolving individual disputes and consumer complaints related to a cross-border transaction. The addresses of these institutions are available on the website of the European Consumer Centre:
http://www.konsument.gov.pl
The customer who is a consumer has, among others, the following possibilities to use out-of-court resolution of the dispute between the consumer and the Online Store:

requesting the voivodship inspector of the Trade Inspection to initiate proceedings for out-of-court resolution of the dispute between the consumer and the Store by enabling the parties to approximate their positions in order to resolve the dispute by the parties or presenting the parties with a proposal to resolve the dispute,
is entitled to apply to the permanent arbitration court operating at the Provincial Inspector of Trade Inspection with a request to settle a dispute arising from the concluded sales contract.

The Trade Inspection is an entity authorized to conduct proceedings for out-of-court resolution of consumer disputes. The tasks of the Trade Inspection in the scope of conducting proceedings for out-of-court resolution of consumer disputes and organizing and running permanent courts of arbitration are performed by the Voivodeship Inspectors of the Trade Inspection with territorial jurisdiction.
Provincial Inspector of the Trade Inspection competent for the seat of the seller. A list of all Provincial Inspectors of the Trade Inspection and permanent arbitration courts along with their website addresses is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/wazne_adresy.php
A list of institutions dealing with out-of-court resolution of consumer disputes, together with information on the type of cases that individual entities deal with, is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl
The President of the Office of Competition and Consumer Protection also has a contact point for out-of-court resolution of consumer disputes and an online system for resolving consumer disputes, whose tasks include, among others, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes, in particular in disputes arising from cross-border contracts concluded with consumers.
The consumer may use the online platform for resolving consumer disputes (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes).
The European ODR platform is to facilitate independent, impartial, transparent, effective, fast and fair out-of-court online resolution of disputes between consumers and entrepreneurs regarding contractual obligations arising from online sales contracts or contracts for the provision of services concluded between consumers residing in the European Union and entrepreneurs established in European Union. Electronic link to the ODR platform: http://www.ec.europa.eu/consumers/odr .
The use of available out-of-court methods of dealing with complaints and pursuing claims is possible after the complaint procedure is completed and is voluntary - both parties must agree to the procedure. The Online Store agrees to participate in out-of-court dispute resolution proceedings with consumers.

§ 11 Personal data administrator

The administrator of the personal data of the Online Store Customers is SMARTWOOD Jarosław Junik, based at: Łazy 103a, 37-550 Radymno, NIP: PL7922255226, REGON: 181146275.
Providing personal data by customers of the Online Store is voluntary, with the proviso that failure to provide specific data in the registration process makes it impossible to register and set up an account and to place and complete an order.
The Online Store processes personal data for the purposes of:

proper performance of the Sales Agreement for goods and their shipment. Failure to provide personal data necessary to conclude a Sales Agreement results in refusal to conclude this agreement;
for the marketing of goods and services offered by the Online Store in the event of appropriate consent (understood as sending commercial information by electronic means and using telecommunications terminal equipment - SMS, in accordance with the Act of 18 July 2002 on the provision of electronic services.

The legal basis for the processing of personal data is the consent given, and, where applicable, the need to implement the Sales Agreement.
Each Customer whose personal data is processed by the Online Store has the right to:

request access to your personal data, rectification, transfer, deletion or limitation of data processing. In connection with the processing of data by the Online Store, you also have the right to lodge a complaint to the President of the Office for Personal Data Protection.
withdrawal of consent to the processing of personal data that is processed on the basis of consent. Withdrawal of consent will not affect the lawfulness of the processing that was made on the basis of consent before its withdrawal.

Personal data will be stored until the Customer of the Online Store withdraws his consent.
The Online Store does not transfer personal data to a third country.
Detailed information on data processing is available in the Privacy and Cookies Policy.

§ 12 Final Provisions

Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for important legal or organizational reasons to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of each change at least 15 days in advance by placing information on the Online Store website and by sending registered Customers to the e-mail address assigned to their Customer Account notification of the change in the regulations.
In the event of amending these Regulations, all Agreements concluded and orders placed before the date of entry into force of the amendment to the Regulations will be implemented in accordance with the Regulations in the wording applicable on the date of conclusion of the contract and placing the order by the Customer.
The amended regulations are binding for the registered Customer who will not resign from maintaining an account in the Online Store by an unequivocal declaration of will addressed to the addresses indicated in §2, before the date of entry into force of the amended regulations.
In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964. Civil Code (consolidated text Journal of Laws of 2020, item 1745, as amended), and in the case of Customers who are consumers also the provisions of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
These Regulations come into force on April 1, 2023 and apply to Agreements concluded from that date.