Terms of service

WAY369 Online Shop Terms and Conditions

These Terms and Conditions set out how the WAY369 shop operates. They include information about placing orders, our offer, the right to withdraw from a contract and liability for goods that do not conform to the contract.

§1 Definitions

Shop - the online shop at way369.com.

Seller - WAY66 sp. z o.o., Orkana 5, 36-020 Tyczyn, Poland, tax identification number (NIP): 8133918155, business registration number (REGON): 529097010, National Court Register number (KRS): 0001114705, email: kontakt@way369.com.

Customer - a natural person, legal person or organisational unit without legal personality that has legal capacity under specific provisions, placing an order and making purchases through the Shop.

Consumer - a natural person entering into a contract with the Seller for purposes not directly related to their business or professional activity.

Sole Trader with Consumer Rights - a natural person operating a sole-trader business who enters into a contract directly related to that business, where the content of the contract indicates that it is not of a professional nature for that person.

Account - a Customer account created on the Shop's online platform, providing access to purchased services and goods.

Sales Contract - a contract for the sale of Goods concluded between the Seller and the Customer through the Shop.

Goods - physical items offered for sale in the Shop.

Seller's Details - the Seller's contact details, particularly for complaints and returns: WAY66 sp. z o.o., Orkana 5, 36-020 Tyczyn, Poland, NIP: 8133918155, REGON: 529097010, email: kontakt@way369.com.

User - a Customer or a recipient of services provided by the Seller.

§2 General provisions

1. These Terms and Conditions govern use of the Shop and the rules and procedures for concluding distance sales contracts through it.

2. These Terms and Conditions are continuously available on the Shop's website in a form that allows them to be downloaded, reproduced and retained by printing or saving them to a storage medium at any time.

3. Purchases require a computer or mobile device with internet access, a standard operating system, a web browser supporting JavaScript and necessary cookies, and access to email. Customers must complete checkout and provide the information necessary to fulfil their order.

4. If the Seller offers digital content or services with additional technical requirements, those requirements are stated in the relevant product description in the Shop.

5. When announcing a price reduction, the Seller provides the lowest price charged during the 30 days before the reduction, in accordance with Article 4(2) of the Polish Act of 9 May 2014 on Information about Prices of Goods and Services.

6. The nature and characteristics of each item are set out in its product description in the Shop.

7. Submitting unlawful content through the forms is prohibited.

§3 Shopping in the Shop

1. Customers may shop after signing in to an Account or without registering.

2. The gross price of the Goods, including VAT, is displayed in the Shop. Product prices do not include delivery charges, which are shown during checkout.

3. Product information on the Shop's website, including descriptions, technical and functional specifications and prices, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Polish Civil Code.

4. After selecting Goods, the Customer should follow the steps shown in the Shop to make a purchase. A discount code or gift card can be entered in the basket or during checkout. The Customer can then recalculate the basket total and proceed to payment.

5. To place an order, the Customer must complete the mandatory fields. The order and the information provided can be changed until the final order button is selected.

6. To finalise the order, the Customer must select the final order button, labelled 'Pay now', on the order summary page. Placing an order requires adding Goods to the basket, completing the required information and giving the required consents, including acceptance of these Terms and Conditions.

7. After an order is placed, the Seller promptly confirms receipt and accepts it for fulfilment. The Seller sends an email to the address provided during checkout containing, at a minimum, confirmation of receipt, acceptance for fulfilment and conclusion of the Sales Contract. The Sales Contract is concluded when the Customer receives that email.

8. A sales contract is concluded between the Customer and the Seller.

9. The content of the Sales Contract is recorded, secured and made available to the Customer by publishing these Terms and Conditions on the Shop's website and sending the Customer an email. The contract is also recorded and secured in the Seller's online shop system.

10. The Seller may suspend fulfilment if there are reasonable doubts about the accuracy or reliability of information entered in the registration form. In that case, the Shop will contact the Customer promptly.

§4 Delivery and payment

1. Goods can be delivered within the European Union.

2. Customers may choose from the delivery methods shown at checkout, including: 1) InPost parcel locker; 2) courier delivery.

3. Delivery is chargeable where physical shipping is required, unless the Sales Contract states otherwise. Delivery costs, including transport, delivery and postal charges, are displayed in the delivery information section of the Shop and during checkout, including when the Customer agrees to be bound by the Sales Contract. Where justified, the Shop may send an order in several separate parcels at no additional cost to the Customer.

4. Delivery takes up to 2 working days within Poland and up to 7 working days within other European Union countries, unless a different timeframe is stated in the product description or during checkout. If the Goods in an order have different delivery times, the longest stated timeframe applies.

5. The Shop accepts the payment methods available at checkout.

6. The Seller offers, in particular, the following payment methods: 1) payment card (Visa, Mastercard, American Express); 2) electronic payment through Przelewy24, including BLIK, operated by PayPro S.A., whose terms are available at https://www.przelewy24.pl/regulamin; 3) PayPal, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A.; 4) Apple Pay; 5) Google Pay, operated by Google Ireland Limited, whose terms are available at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=PL; 6) WAY369 gift card.

7. If electronic payment is selected, the Customer must pay within 5 working days of the Sales Contract being concluded. The order may be cancelled after that period.

8. The Customer consents to receiving invoices electronically.

§5 Goods that do not conform to the contract; complaints

1. The basis and scope of the Seller's liability for defective Goods are governed by generally applicable law, particularly the Polish Consumer Rights Act.

2. The Seller informs Customers of the trader's statutory liability for conformity with the contract. Consumers may also rely on a commercial warranty if one has been provided.

3. Before making a complaint and sending Goods back, Customers are asked to contact the Seller at kontakt@way369.com to help resolve the issue and speed up the complaints process.

4. Correspondence concerning complaints should be addressed to WAY66 sp. z o.o., Orkana 5, 36-020 Tyczyn, Poland, NIP: 8133918155, REGON: 529097010, kontakt@way369.com.

5. The returns address is WAY66 sp. z o.o., Orkana 5, 36-020 Tyczyn, Poland.

6. Goods conform to the contract where, in particular, their description, type, quantity, quality, completeness and functionality are as agreed.

7. If Goods do not conform to the contract, the Consumer may request repair or replacement.

8. The Seller may replace Goods when repair is requested, or repair them when replacement is requested, if the remedy chosen by the Consumer is impossible or would impose disproportionate costs on the trader. If both repair and replacement are impossible or would impose disproportionate costs, the Seller may refuse to bring the Goods into conformity.

9. The Seller will repair or replace the Goods within a reasonable time after being informed of the lack of conformity and without significant inconvenience to the Consumer, taking account of the nature of the Goods and the purpose for which they were purchased. The Seller bears the costs of repair or replacement, including postage, transport, labour and materials.

10. The Consumer must make the Goods available for repair or replacement. The Seller collects them at its own expense. The Consumer is not required to pay for normal use of Goods that are subsequently replaced.

11. In the circumstances specified in the Polish Consumer Rights Act, the Consumer may request a price reduction or withdraw from the contract. This applies in particular where the Seller has refused or failed to bring the Goods into conformity.

12. The Seller refunds amounts due following a price reduction without undue delay and no later than 14 days after receiving the Consumer's statement requesting the reduction.

13. On withdrawal from the contract, the Consumer must return the Goods without undue delay at the Seller's expense. The Seller refunds the price without undue delay and no later than 14 days after receiving the Goods or evidence that they have been sent back.

14. The Consumer may not withdraw from the contract if the lack of conformity is minor. A lack of conformity is presumed to be significant.

15. The trader is liable for a lack of conformity that existed at delivery and becomes apparent within two years of that date, unless the period during which the Goods are fit for use, as specified by the trader, its legal predecessors or persons acting on their behalf, is longer.

16. A lack of conformity that becomes apparent within two years of delivery is presumed to have existed at delivery, unless proved otherwise or unless that presumption is incompatible with the nature of the Goods or the lack of conformity.

17. The Seller must respond to a Consumer's complaint within 14 days of receiving it.

18. If the Goods are covered by a commercial warranty, information about it and its terms will be included in the product description in the Shop.

19. Rights relating to lack of conformity are available to Consumers and Sole Traders with Consumer Rights.

§6 Right of withdrawal

1. You have the right to withdraw from this contract without giving a reason within 14 days of taking possession of the purchased Goods. The period expires 14 days after the day on which you, or a third party you nominate other than the carrier, take possession of the Goods.

2. To exercise this right, you must inform us of your decision through a clear statement, for example by completing the withdrawal form in Appendix 1 or sending a letter by post or email.

3. You may use the model withdrawal form, but this is not compulsory. To meet the deadline, it is sufficient to send your statement exercising the right of withdrawal before the period expires.

4. If you withdraw, we will reimburse all payments received from you, including delivery costs, except any additional cost arising from your choice of a delivery method other than the least expensive standard delivery offered by us. We will do so without undue delay and no later than 14 days after we are informed of your decision to withdraw.

5. We will use the same payment method as for the original transaction unless you expressly agree otherwise. You will not incur any fees for the reimbursement.

6. We may withhold reimbursement until we receive the Goods or evidence that you have sent them back, whichever is earlier.

7. Return Goods to WAY66 sp. z o.o., Orkana 5, 36-020 Tyczyn, Poland.

8. Send or hand the Goods back without undue delay and no later than 14 days after informing us of your withdrawal. The deadline is met if you send them before the 14-day period expires.

9. You will bear only the direct cost of returning the Goods.

10. You are liable for any reduction in the value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

11. Under Article 38 of the Polish Consumer Rights Act, the right to withdraw does not apply, among other cases, to contracts:

for paid services fully performed with the Consumer's express prior consent, where the Consumer was informed before performance began that full performance would result in the loss of the right of withdrawal and acknowledged this;
where the price or remuneration depends on financial market fluctuations outside the trader's control that may occur during the withdrawal period;
for non-prefabricated Goods made to the Consumer's specifications or to meet their individual needs;
for Goods liable to deteriorate or expire rapidly;
for sealed Goods that cannot be returned for health protection or hygiene reasons once unsealed, where the seal was opened after delivery;
for Goods that, by their nature, become inseparably mixed with other items after delivery;
for alcoholic beverages whose price was agreed when the Sales Contract was concluded, whose delivery can take place only after 30 days and whose value depends on market fluctuations outside the trader's control;
where the Consumer expressly requested a visit for urgent repairs or maintenance; if the trader provides additional services not requested or Goods other than replacement parts necessary for the repair or maintenance, the right of withdrawal applies to those additional services or Goods;
for sealed audio or video recordings or computer software unsealed after delivery;
for newspapers, periodicals or magazines, except subscription contracts;
concluded at a public auction;
for non-residential accommodation, transport of goods, car rental, catering or services related to leisure activities and entertainment, sporting or cultural events, where the contract specifies a date or period of performance;
for paid digital content not supplied on a tangible medium, where performance began with the Consumer's express prior consent, the Consumer was informed before performance began that performance would result in the loss of the right of withdrawal and acknowledged this, and the trader provided the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Polish Consumer Rights Act;
for paid services where the Consumer expressly requested a visit for repairs and the service has been fully performed with their express prior consent.

12. The right to withdraw from a distance contract is not available to parties other than Consumers or Sole Traders with Consumer Rights.

§7 Electronic services

1. The Seller takes steps to ensure the Shop operates correctly within the limits of current technical knowledge and undertakes to rectify, within a reasonable time, irregularities reported by Customers using the Seller's Details.

2. The Seller provides the following electronic services free of charge: a) creating an Account; b) entering into a contract with the Seller electronically; c) receiving a newsletter where sign-up is offered in the Shop.

3. An Account is created by completing the registration form or, where available, selecting the relevant consent during checkout. Successful registration concludes a free electronic services agreement for an indefinite period.

4. Customers may delete their Account in the customer panel at any time or request deletion by emailing the Shop.

5. The Account stores Customer information and order details. If it is deleted, the Seller retains order information until the limitation period for potential claims arising from the relevant legal relationship expires, or for the duration of the Shop's operation, unless the Customer objects and the Seller has no overriding legitimate interest in retaining it.

6. Newsletter subscriptions can be made by submitting the completed sign-up form or giving consent during checkout. Following successful subscription, the Seller sends emails about its products, promotions or services. Customers may unsubscribe at any time using the link in an email or by emailing the Shop.

7. A complaint about the Shop's operation should include the Customer's full name, correspondence address, the nature of the issue and the date it occurred.

8. The Seller will consider every complaint about the Shop's operation within 14 days. Customers are asked to send complaints to the Seller's email address.

9. Newsletter content is protected by copyright. Copying, recording or distributing it without the Seller's consent is prohibited.

10. Consumers may withdraw from a digital content supply contract within 14 days of its conclusion without giving a reason by informing the Seller. Independently of this right, Users may terminate the services at any time.

§8 Business customers

1. This section applies to Customers acting as businesses.

2. The parties exclude liability under the statutory warranty for defects (rękojmia) in its entirety.

3. The Seller may terminate the electronic services agreement for maintaining the Customer's Account immediately and without giving a reason. This does not give rise to claims against the Seller on that basis.

4. The Seller may withdraw from the contract without giving a reason within 14 days of its conclusion by sending the business customer an appropriate statement. This does not give rise to claims against the Seller on that basis.

5. The Customer must inspect the parcel at the time and in the manner customary for that type of shipment and promptly take steps to establish the carrier's liability. The Seller is not liable for loss, shortage, damage or transport delay arising between acceptance for carriage and delivery to the business customer.

6. The Seller may restrict available payment methods and require full or partial advance payment.

7. The Seller's total liability to a business customer for non-performance or improper performance is limited to the price paid for the Goods and delivery charges. The Seller is not liable for loss of profit.

8. Disputes between the Seller and business customers are subject to the jurisdiction of the court competent for the Seller's registered office.

9. This section is not intended to limit the rights of Sole Traders with Consumer Rights under generally applicable law.

§9 Reviews

1. Where consumer reviews are displayed, the Seller verifies reviews of its goods and services and has implemented measures to assess their authenticity. A Shop employee checks each submitted review. Where authenticity is in doubt, the matter is investigated using evidence of the relevant purchase. If the information in the review and obtained during the investigation cannot be linked to the order reviewed, the review is removed.

2. We publish all reviews, positive and negative, without changing their content. We do not offer additional benefits for submitting or withdrawing a review.

3. On this basis, we can confirm that reviews available in the Shop are verified and authentic and reflect genuine shopping experiences.

4. Reviews of the Shop may be posted on third-party websites. Their rules apply to the assessment of reliability and authenticity. The Shop makes every effort to ensure reviews about it are reliable and authentic.

§10 User content

1. User content means content posted by a User directly or through the Shop: 1) reviews or comments about the Shop or products; 2) additional Account information not required to place an order.

2. Users must not publish content that is illegal within the meaning of the Digital Services Act (DSA), or otherwise contrary to law, these Terms and Conditions or accepted standards of conduct, including: 1) content used to commit an offence or crime; 2) content infringing personality rights or copyright; 3) spam; 4) content used for unfair competition, including unlawful marketing; 5) content unrelated to the subject of the service.

3. We may review, block and remove unlawful content, acting objectively and with due diligence.

4. Notices of illegal content should contain: 1) a sufficiently substantiated explanation of why the individual or entity considers the information illegal; 2) where possible, its electronic location, such as a URL, and additional details enabling identification; 3) the name and email address of the reporting individual or entity, except for notices concerning information considered to relate to offences referred to in Articles 3-7 of Directive 2011/93/EU; 4) a statement confirming a good-faith belief that the information and allegations in the notice are accurate and complete.

5. If a review initiated by us or following a notice establishes that content is illegal, we may block or remove it.

6. Both a User who reported content and disagrees with our decision, and a User whose content we found to be illegal, may appeal. The appeal should include their full name, contact details and reasons for requesting a different decision. Appeals may be sent to kontakt@way369.com.

§11 Electronic fiscal receipts

1. An electronic fiscal receipt (eparagon) is an electronic fiscal document governed by the Polish Value Added Tax Act of 11 March 2004, the Minister of Finance's Regulation on cash registers and the Minister of Entrepreneurship and Technology's Regulation on the criteria and technical requirements for cash registers.

2. An electronic fiscal receipt is issued subject to the Customer's consent. By accepting the Shop's Terms and Conditions or conditions of sale, the Customer consents to its issue and the method of issue.

3. The Seller issues electronic fiscal receipts through the eparagony.pl system and repository.

4. The receipt is issued when the document is successfully saved in the eparagony.pl repository. The Customer can access the document and a readable view through a unique link sent by the Seller to the email address provided with the order.

5. If access to the document or its readable view is difficult, the Customer should check their spam folder and contact the Seller promptly.

6. The Seller may also send a one-off notification to the phone number provided with the order to inform the Customer that the electronic fiscal receipt has been issued.

§12 Personal data protection

1. The Seller is the controller of Customers' personal data collected through the Shop.

2. The Shop's Privacy Policy sets out how personal data is processed, its recipients and Customers' rights.

3. The Seller may share the Customer's phone number or email address with the IT provider responsible for issuing, maintaining and providing access to electronic fiscal receipts. These details may be processed to: a) check whether the phone number or email address is registered with the provider's own products and, if so, make receipts and additional information from the issuing process available to the Customer through those products; b) send text messages and other notifications confirming that a receipt has been issued to the provider's system.

§13 Final provisions

1. All rights in the Shop and the Goods offered, including intellectual property rights and economic and moral copyrights, belong to the Seller. Content offered by the Seller may not, for example, be reproduced or adapted without the Seller's consent.

2. The Seller may amend these Terms and Conditions for important reasons, such as changes to its offer or the law. New terms take effect on publication. Registered Users will be informed by email.

3. The Seller may change prices and promotions without affecting contracts concluded before those changes.

4. Matters not covered by these Terms and Conditions are governed by generally applicable Polish law.

5. No provision is intended to restrict the rights of Consumers or Sole Traders with Consumer Rights guaranteed by the Polish Consumer Rights Act or other applicable legislation.

6. If a dispute arises under a Sales Contract, the parties will seek an amicable resolution.

7. Consumers may use out-of-court complaint and redress procedures, for example: 1) applying to a permanent consumer arbitration court to resolve the dispute; 2) asking the regional Trade Inspection inspector to initiate mediation; 3) seeking assistance from a district or municipal consumer ombudsman or an organisation whose statutory objectives include consumer protection.

8. Further information is available at https://polubowne.uokik.gov.pl/.

The model complaint and withdrawal forms below are recommended but not compulsory.

APPENDIX 1 TO THE ONLINE SHOP TERMS AND CONDITIONS

Place and date: ................................
Full name: ................................
Consumer's address: ................................
Order number: ................................

To: WAY66 sp. z o.o.
Orkana 5
36-020 Tyczyn
Poland

STATEMENT OF WITHDRAWAL FROM A DISTANCE CONTRACT

Under Article 27 of the Polish Consumer Rights Act of 30 May 2014, I hereby withdraw from contract number ...................., concluded on ...................., concerning the purchase of the following Goods: ................................

Please refund the amount of .................... to bank account number: ................................

................................
Consumer's signature

APPENDIX 2 TO THE ONLINE SHOP TERMS AND CONDITIONS

Place and date: ................................
Full name: ................................
Consumer's address: ................................
Order number: ................................

To: WAY66 sp. z o.o.
Orkana 5
36-020 Tyczyn
Poland

PRODUCT COMPLAINT FORM

I hereby notify you that the Goods purchased on .................... do not conform to the contract (are defective). The defect is: ................................

Order number, available after signing in or in the order confirmation email: ................................

The defect was discovered on .................... . Under the Polish Consumer Rights Act of 30 May 2014, I therefore:

request repair free of charge;
request replacement with new Goods.

In the circumstances provided for by law:

I request a reduction of the price by PLN .................... (in words: ....................);
I withdraw from the contract.

Please refund the stated amount to bank account ................................ / by postal order to my address ................................

................................
Consumer's signature