Terms Of Use

1. Definitions

1.1.  In the context of the Terms and Conditions, the terms indicated below have the following meaning:

1.1.1.    Seller - Windy Woods Care Sp. z o.o. with its registered office in Skawina, ul. Torowa 46, 32-050Skawina, entered into the National Court Register by the District Court for Kraków, Śródmieście in Kraków, I Commercial Division of the National Court Register, under the KRS number: 0001067029, Tax Identification Number (NIP): 944-228-51-80, the National Official Register of the Economy Units (REGON): 526842967.

1.1.2.    Store - an online store operated by the Seller at the following website address: https://www.windywoods.co.

1.1.3.    Products - commercial goods distributed from the Store by the Seller to the Customers.

1.1.4.    Customer - a natural person wishing to enter a purchase agreement of Products from the Store with the Seller.

1.1.5.    Consumer - a person who is a consumer within the meaning of the provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).

1.1.6.    Cart - a Store functionality that allows the Customer to display the Products selected for purchase; it also allows one to enter and modify order data such as number of Products, delivery address, invoice details, delivery method, payment methods, discount codes or gift card numbers.

1.1.7.    Price - the price of a Product expressed in Polish zlotys, which includes VAT but does not include Delivery Costs. The Seller reserves the right to change the prices of Products, to introduce new Products in the Store's offer, and to carry out, cancel or make changes to promotional campaigns on the Store's website.

1.1.8.    Delivery Costs - a fee for the delivery of purchased Products to the address provided by the Customer, expressed in Polish zlotys, including VAT (and charges for transport, delivery, postal services). The Delivery Costs can be found in the Cart; they can be checked by the Customer before placing an order.

1.1.9.    Sales Agreement - an agreement concluded by the Customer and the Seller, according to which the Seller sells Products to the Customer; the Customer buys the Products through the payment of the Price.

1.1.10. Online Payment Provider - an entity responsible for online payments. When placing an order, the Customer may choose from one of the Online Payment Providers listed.

1.1.11. Performance of the Sales Agreement - the delivery of Products purchased by the Customer to the address provided by the Customer in the relevant section of the Cart; the delivery is performed by the Courier.

1.1.12. Courier - an entity responsible for the delivery of the order to the address provided by the Customer in the Cart. When placing an order, the Customer may choose Couriers.

1.1.13. Delivery Area - the area of ​​the Seller's activity, on which deliveries are carried out as part of the Performance of the Sales Agreement. The Delivery Area can be found in the Store and should be checked by the Customer before placing an order.

1.1.14. Customer Service Center - a customer service center operated by the Seller; it can be contacted  electronically at office@windywoods.pl

1.1.15. Pre-order - the possibility of ordering Products before their release date.

1.1.16. Terms and Conditions - the present Terms and Conditions with the attachments.

2. Registration in the Store

2.1.  The registration in the Store allows the Customer:

2.1.1.    to enter, edit or delete data, including delivery addresses;

2.1.2.    to place orders with the use of the above-mentioned data, provided by the Customer;

2.1.3.    to view order history;

2.1.4.    to subscribe to or unsubscribe from the newsletter;

2.1.5.    to use other functionalities made available to registered Customers.[2] 

2.2.  In order to register in the Store, i.e. to create a Customer account, one has to fill the registration form on the Store's website, which requires providing one's first name and last name or nickname, e-mail address and password, as well as reading and accepting the provisions of the present Terms and Conditions.

2.3.  After the Customer fills and sends the registration form, the Seller sends the confirmation of registration to the e-mail address provided by the Customer. At that moment, the registration process is completed.

2.4.  The registration in the Store and using the Store are free of charge. The completion of the registration process means the conclusion of an agreement for the provision of electronic services between the Customer and the Seller, which consists in maintaining the Customer's account on the terms defined in the present Terms and Conditions.

2.5.  After registering in the Store, each login is performed through the use of data provided in the registration form. The login data can be changed in the Customer's account settings.

2.6.  An account created through the process of registration is maintained for the Customer for an indefinite period. The Customer may request the removal of the Customer's account at any time. No fees are charged for the deletion of the account.

2.7.  In order to delete the Customer's account from the Store, please contact the Customer Service Center by phone or e-mail; the contact details can be found in point 1.1.14. above. The request to remove the account is accepted after confirming whether the person making the request is the account holder. The account removal takes place immediately and means that the Customer terminates the agreement for the provision of electronic services between the Customer and the Seller, the subject of which is maintaining the Customer's account.

2.8.  The Seller has the right to block the Customer's account in cases provided for in generally applicable law; the account may also be blocked for other important reasons:

2.8.1.    when using the Store, the violation by the Customer of generally applicable legal provisions, the rights of another entity, third party personal rights, or the principles of social behaviour;

2.8.2.    other repeated (at least twice) breaches by the Customer of the provisions of the present Terms and Conditions.

2.9.  The Customer will be notified to the e-mail address currently registered in the Store about the decision to block the Customer's account. Blocking the account in accordance with the above-mentioned provisions means the immediate termination of the agreement for the provision of electronic services between the Customer and the Seller.

2.10.            The Customer has the right to appeal for reconsideration of the Seller's decision to block the account. The application ought to be made in writing under pain of nullity and sent to the address of the Seller's registered office indicated in point 1.1.1. above. The decision issued after the re-examination of the case is final.

3. Store Usage Rules

3.1.  In order to use the Store, the following is required:

3.1.1.    Web browser, accepting cookies.

3.2.  The Customer bears any costs related to accessing the Internet in accordance with rates of a given Internet Service Provider.

3.3.  The Customer is obliged to use the Store in accordance with the law and principles of social behaviour. In particular, the Customer is forbidden from entering any illegal content.

3.4.  The Seller is not responsible for technical problems in the functioning of the Store which result from reasons unrelated to the Seller, in particular reasons related to Internet Service Providers.

3.5.  The Seller has the right to modify the Store and its elements for the purpose of improving the Store's functionality.

3.6.  All content uploaded to the Store, including trademarks, photos, and product descriptions, are subject to legal protection. Any use of them, in whole or in part, is a violation of the law.

3.7.  Logging into the Store is done through entering into the login form the e-mail address and the password provided during the registration process of the Customer's account. Data provided during the registration process of an account can be changed in the 'Your account[3] ' tab after a successful login.

3.7.1.    The Customer is obliged to maintain the secrecy of the login and password of the Customer's Store account.

3.7.2.    The password is confidential information for the sole information of the Customer.

4. Placing an order by the Customer

4.1.  The Customer may place orders 24 hours a day, every day of the week.

4.2.  Creating an account is not required for viewing Products in the Store. It is possible for the Customer to place orders for Products in the Store either after creating an account in accordance with the provisions of points 2. and 3. of the present Terms and Conditions or by providing the necessary personal data and contact details, which allows the order to be processed without creating an account.

4.3.  The goods on the Store's website (https://www.windywoods.co/[4] ) are Products most often provided by the Store. Their availability will be checked each time after an order becomes verified.

4.4.  In order to place an order, the Customer selects Products they wish to purchase from the Seller and adds the Products to the Cart. Afterwards, the Customer fills in the order form, which is available in the Cart.

4.4.1.    In the 'Cart' section, the Customer may preview selected Products and change the quantity. The Customer may also use a discount code or a gift card number by entering them in the 'Promotion code[5] ' section of the Cart.

4.4.1.1.       Discount codes have a validity period during which the Customer may use the offered discount. After a discount code expires, it is impossible to use it.

4.4.1.2.       A discount code cannot be combined with another discount code or other special offers unless the terms of a given special offer state otherwise.

4.4.2.    In the 'Personal data[6] ' section, the Customer is required to log into their account referred to in the above-mentioned points 2. and 3. or to fill in the order form with complete, correct, and current data necessary for the completion of an order. This mandatory set of data consists of the following:

4.4.2.1.       first name,

4.4.2.2.       last name,

4.4.2.3.       e-mail address,

4.4.2.4.       delivery address (street and number, postal code, city, country),

4.4.2.5.       phone number,

4.4.2.6.       if you wish to receive a VAT invoice - the data necessary to issue a VAT invoice (Tax Identification Number (NIP), name of the company),

and accepting the Privacy Policy and the present Terms and Conditions (consent mandatory). By accepting the present Terms and Conditions and the Privacy Policy in the form, the Customer declares to have read them, accepts their provisions, and undertakes to comply with them. The Customer may also choose to receive the newsletter, which the Seller sends to the e-mail address provided by the Customer (consent voluntary).

4.4.3.    In the 'Delivery method[7] ' section, the Customer selects the Courier.

4.4.3.1.       Based on the Courier selected by the Customer, different Delivery Costs will be added to the price of each order (which is the sum of the Prices of the Products selected in the Cart).

4.4.3.2.       Delivery Costs are provided for each respective Courier.

4.4.4.    In the 'Payment method' section, the Customer selects the Online Payment Provider.

4.4.5.    An order is placed by clicking the 'Order with payment obligation' button, which causes the Customer's order to be sent to the Seller. Placing an order by the Customer means submitting to the Seller an offer to conclude a Sales Agreement for the purchase of ordered Products. The offer is binding for the Customer if the Seller confirms its receipt.

4.5.  The Seller has the right to limit the maximum number of units of a given Product or Product category for a single order. The information on limitations on the maximum number of units of a given Product or Product category for a single order is available in the Store.

4.6.  If it is necessary to change the data provided in the form, the Customer should contact the Seller by using the e-mail address or phone number listed in point 1.1.14.

4.7.  The Seller reserves the right to additional verification of the data provided by the Customer by contacting the Customer through the phone number or e-mail address provided by the Customer in the form.

5. Acceptance of the order by the Seller - conclusion of the Sales Agreement

5.1.  After the Customer places an order, a Seller's confirmation of receipt of the order will be sent to the Customer's e-mail address provided during the ordering process (section 'Personal data[8] ').

5.2.  After receiving the order, the Seller promptly begins to assemble the order, subject to point 8. of the present Terms and Conditions. The order in which orders are completed is determined by the order in which Customers submit them in the Store.

5.3.  If the execution of the order is possible, an electronic message will be sent to the Customer's e-mail address with confirmation that the order was accepted for execution.

5.3.1.    The confirmation of the order is the Seller's declaration of acceptance of the offer referred to in point 4.4.5. above.

5.3.2.    Upon the confirmation of the order, a Sales Agreement relating to this order is concluded between the Customer and the Seller.

5.3.3.    The Sales Agreement concluded between the Customer and the Seller regarding the purchase of a given Product has an interim nature and lasts for the duration of the order. The place of performance related to the purchase of Products in the Store is the delivery address provided by the Customer in the 'Personal data[9] ' section.

6. Payment rules

6.1.  The Customer may choose from the following online payment methods:

6.1.1.    payment in advance with a debit / credit card: Visa, Mastercard, American Express, CB (Cartes Bancaires), Diners Club / Discover, China UnionPay, JCB, Discovers, Digital wallets i.e. Apple Pay, Google Pay, Microsoft Pay, PayPal, Przelewy24.

6.1.2.    payment in advance by a fast electronic transfer,

6.2.  Payment on delivery is not available.

6.3.  If the Customer chooses the payment in advance option to pay for the order, the Customer is obliged to pay the full Price for the ordered Product, including the Delivery Costs, no later than within 7 days from the date the Customer receives confirmation from the Seller that the order was accepted for execution. If the Customer does not pay within 7 days from receiving confirmation from the Seller that the order was accepted for execution, the order will be automatically canceled and the Seller is released from the obligation to execute it.

6.4.  When the Seller is provided by the Online Payment Provider with the confirmation of the Customer's payment or when the payment for the execution of the order placed by the Customer is credited to the Seller's bank account (referred to in point 6.1.3. above), the payment obligation under the Sales Agreement incumbent on the Customer is fulfilled and the order is considered paid.

7. Performance of the Sales Agreement

7.1.  The Performance of the Sales Agreement by the Seller takes place immediately after the Seller is provided with a confirmation of payment or when the payment is credited to the Seller's account, as referred to in point 6.4. above, subject to point 8. of the present Terms and Conditions.

7.2.  The Seller delivers the Products covered by the Sales Agreement via the Courier only within the Delivery Area.

7.3.  The approximate shipping time of an order is 2 to 3 working days, counting from the date of the Seller accepting the order for execution. The Products will not be shipped until the Customer makes the payment referred to in point 6.4., subject to point 8. of the present Terms and Conditions. The above-mentioned date is an approximate amount of time counted from the moment the order is accepted for execution until the order is sent to the Customer via the Courier. The order performance time depends on the availability of a given Product.

7.4.  The Seller does not deliver orders on public holidays and on Sundays, on which trade is prohibited by law. In the event that deliveries are not possible on other days than those specified in the preceding sentence, relevant information will be provided by the Seller in the Store in advance.

7.5.  The Seller delivers Products covered by the Sales Agreement, along with a fiscal receipt or a VAT invoice (if the Customer provided in the form the data referred to in point 4.4.2.6. above).

8. Pre-order

8.1.  The Customer may order a Product which has not yet been released but is presented in the Store's product catalog.

8.1.1.    Such a Product is marked with the label 'Coming soon[10] '.

8.1.2.    The product card shows the release date of the Product.

8.2.  The process of pre-ordering the Products referred to in point 8.1. above is analogous to the process of ordering Products that are available for regular sale.

8.2.1.    Such Products can be ordered separately or together with Products with a different status.

8.2.2.    The date of the execution of the order and shipment of the order depend, however, on the date on which the Product enters regular sale. This date is provided on the product card, in the Cart during the ordering process, in the order history, and in the e-mail messages sent after an order is placed.

8.2.3.    Products available for regular sale ordered together with a Pre-order Product will be shipped only after the execution of the order becomes possible, i.e. after all Products in the order are available for regular sale.

8.3.  The Seller reserves the right to a possible change of a Product's release date, which at the same time results in changing the execution dates of already placed orders containing Pre-order Products. Each time a situation such as this arises, affected Customers will be informed by e-mail about the new date of order execution.

8.4.  The Customer has the right to modify or cancel the order for Pre-order Products until the order is sent for shipment. In order to do so, please contact the Customer Service Center at the phone number / e-mail address provided in point 1.1.14.

9. Personal data protection

9.1.  The administrator of Customers' personal data is Windy Woods Care Sp. z o.o. with its registered office in Skawina, ul. Torowa 46, 32-050Skawina, entered into the National Court Register by the District Court for Kraków, Śródmieście in Kraków, I Commercial Division of the National Court Register, under the KRS number: 0001067029, Tax Identification Number (NIP): 944-228-51-80, the National Official Register of the Economy Units (REGON): 526842967, the owner and Store administrator providing services by electronic means.

9.2.  The personal data administrator ensures the implementation of the rights resulting from the Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (referred to as 'GDPR' or 'General Data Protection Regulation').

9.3.  The provision of data by the Customer is voluntary but necessary for the performance of the Sales Agreement. Without the ability to process personal data, the administrator is not able to process the order and comply with legal requirements. Placing an order in the Store, which requires personal data, is considered to be the conclusion of the Sales Agreement.

9.4.  More information on the protection of personal data by the administrator is available in the document entitled 'Privacy Policy' at: https://www.windywoods.co/en/content/10-privacy-policy

10. The right to withdraw from the Sales Agreement

10.1.            Subject to point 10.4. below, the Customer who is a Consumer may, within 14 days from the date of delivery of the ordered Products, withdraw from the Sales Agreement without stating the reason. Before the 14 days expire, the Customer ought to send a statement regarding the withdrawal.

10.2.            To exercise the right to withdraw from the agreement, the Customer ought to submit a declaration of withdrawal from the agreement, which ought to include the number of the order and the date of purchase.

10.2.1. In order to exercise the right to withdraw from the agreement, the Customer may use the withdrawal declaration form attached as Appendix 1 below.

10.2.2. The method of withdrawal recommended by the Seller is sending the completed declaration form by e-mail to the Seller's e-mail address provided in point 1.1.14. of the present Terms and Conditions.

10.3.            To the declaration form mentioned in point 10.2. above, the Customer ought to attach proof of purchase of the Product or other record proving the purchase.

10.4.            The right to withdraw from the Sales Agreement does not apply to agreements referred to in Article 38 of the Act of Consumer Rights of 20 May 2014, including in particular sales agreements for the following Products:

10.4.1. non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy their individual needs;

10.4.2. delivered in sealed packaging, which cannot be returned after opening for health-related or hygiene reasons if the packaging was opened after delivery;

10.4.3. which after delivery, due to their nature, cannot be separated from other items.

10.5.            The Customer is obliged to immediately return the products covered by the declaration of withdrawal from the agreement, but not later than within 14 days from the date on which they withdrew from the Sales Agreement, to the Seller[11] 's address provided in point 1.1.1.[12] 

10.5.1. Before the 14 days expire, the Customer ought to return the Products.

10.5.2. The Products are returned at the Customer's expense.

10.6.            The Seller shall immediately, but not later than within 14 days of receiving the declaration of complete or partial withdrawal from the agreement from the Customer, refund the payment made by the Customer for the returned Products. In the event of a complete withdrawal from the Sales Agreement, the Seller will also reimburse the Customer for the incurred Delivery Costs in the amount corresponding to the cheapest shipping option available in the Store's offer.

10.6.1. The Seller may withhold the reimbursement of the payments referred to in point 10.6. above until the Customer returns the Products relevant to the withdrawal from the agreement or the Customer provides confirmation that the Products have been sent back, depending on which of these events (the return or providing confirmation) occurs first. 

10.6.2. The payment will be reimbursed using the payment method used by the Customer. If the return in such a form is not possible, the refund will be made by bank transfer to the bank account provided by the Customer.

10.7. Before withdrawing from the Sales Agreement, the Customer ought not to use the Products beyond what is necessary to establish the nature, characteristics, and functioning of the Products. Otherwise, the Customer will be liable for any diminished value of the Products.

10.8. The right to withdraw from the agreement does not affect the Customer's rights related to the Seller's liability for non-compliance of the product with the agreement and the manufacturer's warranty.

11. Complaints

11.1.            The Seller is obliged to deliver Products devoid of defects and is responsible for any defects of the Products.

11.2.            Before collecting the Products, it is possible for the Customer to examine the condition of the Products in the presence of the Courier. It is recommended by the Seller to not accept damaged Products.

11.3.            After collecting the Product, in the event of non-compliance of the Product with the Sales Agreement, the Customer has the right to submit a complaint by sending it with the proof of purchase of the Product and photos of the Product to the e-mail address provided in point 1.1.14. of the present Terms and Conditions.

11.3.1. In order to submit a complaint, the Customer may use the complaint form attached as Appendix 2 of the present Terms and Conditions.

11.4.            The complaint will be considered within 14 days from the date of its submission by the Customer.

11.4.1. The Customer will be informed about the Seller’s decision regarding the complaint electronically via the e-mail address provided by the Customer in the 'Personal data[13] ' section of the Cart, referred to in point 4.4.2. of the present Terms and Conditions.

11.5.            If the complaint is accepted, the Product will be replaced with a new, full-valued Product. If that is not possible, in accordance with the Customer's preferences, the Seller will refund the Customer the amount of money equal to the Price of the defective Product and the Delivery Costs, reduce the Price of the Product, or replace it. The defective Product may be replaced with other Products available in the Store with a total value of the Price of the purchased defective Product.

11.5.1. If it is necessary to return the defective Product, the Seller will send a Courier to collect the defective Product from the Customer. The Customer does not bear any related costs.

11.5.2. The Customer is obliged to properly pack the Product that is to be returned (it is recommended by the Seller to return the Product in its original packaging). The Seller is not liable for mechanical damages, which occur from the moment of delivery of the Product to the Customer until the return of the Product to the Seller.

11.5.3. After presenting the Seller with relevant proof, the Customer has the right to be reimbursed for the necessary costs incurred in connection with the Product returning process.

11.5.4. The monetary refund will be issued immediately after the Customer receives information about the refund payment method being identical to the Customer’s initial payment method. If a refund in such a form is not possible, the refund will be issued to the bank account provided by the Customer.

11.6.            The Seller provides a warranty for the delivered Product for a period of 24 months.

11.6.1. The warranty period starts from the moment the Product is delivered to the Customer.

11.6.2. The warranty period is extended by the duration of the warranty repair of the Product, which is carried out by the Seller. If a Product or a part of it is replaced under warranty repair, the warranty period begins anew.

11.6.3. The warranty covers a variety of Product defects except for defects resulting from:

11.6.3.1.     negligent and careless use of the Product,

11.6.3.2.     using the Product contrary to its intended use,

11.6.3.3.     mechanical damage done to the Product,

11.6.3.4.     normal wear and tear of the Product caused by everyday use.

12. Out-of-court complaint and redress procedures

12.1.            In the event of a dispute with the Seller or any doubts as to their rights, the Customer has the option of using out-of-court complaint and redress procedures. The Customer may submit a complaint via the European ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

12.2.            Access to out-of-court dispute resolution procedures is ensured, for example, by the permanent consumer arbitration courts operating within the structures of the Commercial Inspection. The Customer may also apply for legal assistance, in accoradnce with the rules of the respective organisations, to the Municipal / Regional Consumer Ombudsman, the Office of Competition and Consumer Protection, and other consumer-oriented organizations, such as the Consumer Federation, the Association of Polish Consumers, and the European Consumer Center.

13. Final Provisions

13.1.            In all matters not covered by the present Terms and Conditions, the provisions of the Act of 23 April 1964 of the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended), the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), and other relevant acts are applicable.

13.2.            Any doubts arising from the interpretation of the Terms and Conditions should be interpreted in a way that ensures compliance of the present Terms and Conditions with the mandatory provisions of law.

13.3.            Any disputes arising from the Sales Agreement, in the absence of an amicable solution, will be examined by the relevant common court specified in accordance with the provisions of the Act of 17 November 1964 of the Code of Civil Proceedings (Journal of Laws 1964, No. 43, item 296, as amended).

13.4.            The Seller reserves the right to amend the present Terms and Conditions, about which the Customer will be informed at least 7 days in advance. The amendments can not violate the Customer's rights related to orders placed before the amendment was introduced. The amendment to the Terms and Conditions enters into force within 7 days of being published in the Store.