Watchard.com Statute

Conclusion of the contract between the Buyer and the Seller may take place in two ways.

The Buyer has the right (before placing the order) to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms. These negotiations should be conducted in written form and sent to the address of the Seller (Watchard, Aleja Witosa 31, 108 [Galeria Panorama], 00-710 or an e-mail address contact@watchard.com).

In case of the Buyer’s resignation from the possibility to conclude a contract by the way of individual negotiations, the following terms and applicable laws shall apply.

STATUTE

§1 Definitions

1. Address - name and surname or the name of the institution, location in town (in case of the town divided into streets: street, number of the building, apartment or flat number; in case of the town not divided into streets: name of the town and a number of the particular building), postal code and name of the town.

2. Complaint address:
Watchard, Al. Witosa 31 lok 108 (Galeria Panorama), 00-710 Warszawa.

3. Deliveries’ price list – In case of the delivery taking place in Poland, the parcel is always free. Information about parcels can be found at the address: Delivery

4. Contact details:
Watchard
Al. Witosa 31 lok 108 (Galeria Panorama)
contact@watchard.com
+48 22 642 89 42

5. Delivery – the type of transport service along with the specification of the carrier and cost (PLN 25), described at: Delivery

6. Proof of the purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004 and other applicable laws

7. Product card - a single store subpage containing information about a single product.

8. Client - an adult, natural person with full legal capacity, a legal person or an organizational unit without legal personality which have got the capacity to perform legal acts, making the purchase at the Seller’s business, directly related to its  professional activity.

9. Civil Code - Civil Code Act of April 23, 1964, as amended.

10. Code of good practice - a set of conduct rules (in particular ethical and professional standards), referred to in 2nd Article, point 5 of the Act of Counteracting Unfair Market Practices of August 23, 2007, as amended.

11. Consumer - an adult, natural person with full legal capacity making a purchase from the Seller (that is not related directly to its business or professional activity).

12.  Cart - a list of products made out of the products offered in the store, based on the Buyer’s choices.

13. The Buyer - both, the Consumer and the Client.

14. Place of delivery - postal address or the collection point indicated in the order by the Buyer.

15. The moment of handover of the item - the moment when the Buyer or a third party indicated by him will take possession of the item.

16. Payment - method of payment for the subject of the contract and the delivery, mentioned at: Delivery time.

17. Consumer Law - the Consumer Rights Act of  May 30, 2014.

18. Product - the minimal and indivisible number of items that can be the subject of the order and which is given in a Seller’s store as a unit of measure in determining its price (price/unit).

19. Subject of the contract - products and delivery being the subject of the contract.

20. Object of the service - subject of the contract.

21. Collection point - a place of delivery that is not a postal address, listed on a chart provided by the Seller.

22. Thing - a movable thing that may be the object of the contract.

23. Store - Internet service available at the address: Watchard.com - through which the Buyer might place the order.

24. Seller:
Watchard.com 
Owned by the company: 57 Concepts Sp. z o.o. Sp. k.
Al. Witosa 31, lok. 115
00-710 Warszawa
NIP: 951-231-70-93, REGON: 142486550
registered and visible in the National Court Register under the number: 0000360416
BANK ACCOUNT: 02 1160 2202 0000 0001 6777 4005

25. System - a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks and its end device - appropriate for a given type of network, commonly referred to as the Internet.

26. Completion date - number of hours or working days on the product card.

27. Contract - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in case of Consumers and a sales contract within the meaning of 535th Article of the Civil Code of 23 of April 1964 in case of the Buyers.

28. Defect - both, physical and legal defect.

29. Physical defect - non-compliance of the item sold with the contract, in particular if the item:

  1. a. does not have properties that this kind of thing should have due to the purpose marked in the contract or resulting from the circumstances or destination;
  2. b. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and if the Seller did not raise any objections to such purpose;
  3. c. has been delivered to the Consumer in an incomplete state;
  4. d. in the event of improper installation and commissioning - if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
  5. e. does not have the characteristics as provided by the manufacturer or his representative, or the person who places the product on the market in regards to his business and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as a producer, unless the Seller did not know these assurances or, judiciously, could not know or they could not affect the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
  6. f. does not have properties about which existence the Seller has provided to the Consumer.

30.  Legal defect - a situation when an item sold is owned by a third party or is encumbered with the right of a third party, and if the limitation in the use or disposal of an item results from a decision or ruling by a competent authority.

31. Order - declaration of the Buyer’s intent, made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of things; details about the Buyer - aiming directly at the conclusion of the contract between the Buyer and the Seller.

§2 General

1. The contract is concluded in Polish, in accordance with these regulations and Polish law.

2. The place of delivery must be located on the territory of the Republic of Poland.

3. The Seller is obliged and undertakes to provide services and deliver items free from defects.

4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.

5. All days are calculated in accordance with the 111th Article of the Civil Code, i.e. the period marked in days ends on the last day and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day when the event occured.

6. Confirmation, disclosure, consolidation, security of all material provisions of the contract in order to gain access to this information in the future takes place in the form of:

  1. a. confirmation of the order by sending to the indicated e-mail address: order confirmation with detailed specification of the total order cost, information about the right to withdraw from the contract, the aforementioned regulations in pdf version, the model withdrawal form in pdf version, links for self-acceptance of the regulations and template of withdrawal from the contract;
  2. b. attachment to the completed order: proof of purchase, information about the right to withdraw from the contract, model withdrawal form.

7. The Seller informs about the guarantees granted to him by third parties for products in the store.

8. The Seller does not charge any fees for communication with him, using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing for him a specific service enabling communication at a distance.

9. The Seller provides the Buyer (who uses the following systems) correctness of the store’s operation in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with resolution horizontal above 1024 px. The use of third party software affecting the functionality of browsers: Internet Explorer, FireFox, Opera, Chrome and Safari, may affect the correct display of the store. Therefore, in order to get full functionality of the shop - Watchard.com - you must disable them all.

10. The Buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access his account. Login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect against unauthorized access of third parties. The Buyer has the ability to view, correct, update his data and delete the account at any time.

11. The Seller applies to the code of good practice.

12. Contents and photos presented at the Store (www.watchard.com) are the industrial property of the entrepreneur and are protected by copyright.

§3 Conclusion of the contract and implementation

1. Orders can be placed 24 hours a day.

2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:

  1. a. adding a product to the basket;
  2. b. choosing the type of delivery;
  3. c. choosing the type of payment;
  4. d. selection of the place of issuing the item;
  5. e. placing an order in the store by using the button “PLACE ORDER - I am ordering with the obligation to pay”.

3. Conclusion of the contract with the Consumer takes place when the order is placed.

4. Delivery of the Consumer’s order for cash on the day of delivery takes place immediately. Orders payable by bank transfer or via the electronic payment system, on the other hand, after posting the Consumer’s payment on the Seller’s account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the payment fault and informed the Seller.

5. The conclusion of the contract with the Customer takes place at the moment of the order acceptance by the Seller, which he informs the Customer about within 48 hours of placing the order.

6. If the execution of some or all of the Order will not be possible, the Seller shall, without undue delay, (by e-mail or telephone): a) inform the Customer about the whole Order cancellation (the Order is considered unpaid); or b) offer the Customer to cancel the Order in part in which its implementation is not possible. If this option is chosen by the Customer, the Subject of the Sales Agreement will be Products covered by the remainder of this Order (in the part that is impossible to carry out, this Order will be considered unsold).

7. Within two (2) consecutive days after receiving from the Seller the proposal to cancel the Order in part, the Customer may confirm to the Seller in a suitable form (i.e. by e-mail) his consent to partial cancellation of the Order. If the Customer fails to provide the Seller with an appropriate confirmation within this period, the relevant Order will be treated as canceled in its entirety by the User.

8. The Customer’s order is payable either on delivery, immediately after the conclusion of the contract or via bank transfer or via the electronic payment system - after the conclusion of the contract and the payment of the Customer’s account credited to the Seller’s account.

9. The Customer’s order fulfillment may depend on the payment of all or part of the value of the order or obtaining the merchant credit limit at least the value of the order or the Seller’s consent for sending the order on delivery (payable upon delivery).

10. Sending the subject of the contract takes place on the date specified in the product card, and for orders consisting of many products - in the longest term from the products specified on the cards. The period starts from the moment the order is processed.

11. The purchased subject of the contract is, together with the purchase document selected by the Buyer, sent within selected type of delivery to the place of delivery chosen by the Client, together with the enclosed attachments referred to in § 2 point 6b.

§4 The right to withdraw from the contract

1. Watchard.com extends the standard period of the right to withdraw for the consumer without giving any reason and without incurring costs, with the exception of the costs specified in 33rd art. and 34th art. of Consumer Law, from 14 days to 100 days - from the date of delivery of the item, and to keep the deadline, it is enough to send a statement before its expiration.

2. The Consumer may submit a declaration of withdrawal from the contract on a form, the model of which is attached as Annex 2 to the Consumer Law, on the form available at the “Form of withdrawal from the contract” or in another form consistent with the Consumer Law.

3. The Seller will immediately confirm to the Consumer by email (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.

4. In case of withdrawal from the contract, the contract is considered null and void.

5. The Consumer is obliged to return the item to the Seller immediately, but no later than 100 days from the date on which he rescinded the contract. To meet the deadline, all you have to do is return the item before its expiry.

6. The Consumer sends back the items, being the subject of the contract (from which he resigned), at his own expense and risk.

7. The Consumer is liable for a decrease in the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.

8. The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Customer, return to the Consumer all payments, including the cost of delivering the item and - if the Consumer has chosen a delivery method other then the cheapest one offered by the Seller - The Seller will not reimburse the Consumer for additional costs in accordance with 33rd Article of the Consumer Law.

9. The Seller shall refund the payment using the same method of payment (as used by the Consumer), unless the Consumer has explicitly agreed to a different payment method which does not involve any costs on his part.

10. The Seller may withhold the return of the payment received from the Customer until receiving the item back or getting the proof of the item’s return, depending on which event occurs first.

11. The Consumer bears only the direct cost of returning the Product. As part of a promotional campaign, the Seller may offer the Consumer the return of the Product by the Seller from the Consumer.

12. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not consent before the deadline to withdraw from the contract or was not informed about the loss of his right to withdraw from the contract at the time of such consent or the entrepreneur provided confirmation in accordance with 15th Article paragraph 1 and 21st Article paragraph 1 of Consumer law.

13. The right to withdraw from the contract referred to in Paragraph 4, point 5, is not payable in the case of the purchase of a product prepared according to individualized customer's order needs (e.g. a product with an engraving option).

 

§5 Terms of warranty

1. Products sold by the Store are covered by a guarantee granted by the manufacturer or distributor. The rights under the guarantee should be performed in accordance with the conditions set out in the warranty card. For more information about the warranty, please contact our store.

2. In the case of a product for which the manufacturer or distributor gave a guarantee, the customer may plug a product with defects:

  1. a. using the rights resulting from the granted guarantee - in this case the customer plugs the product directly to the guarantor (the entity granting the guarantee), and the Company may only be the intermediary forwarding the complaint. The customer, according to his choice, can apply directly to the warranty service or to the Seller;
  2. b. using the rights due to him from the Seller under the warranty in such a case, a complaint should be lodged in accordance with the provisions of § 6 of the Regulations.

3. If the defect is taken into account, the Store will replace the defective product with a product free from defects or will remove a defect according to the customer's request, unless it is impossible to meet the method specified by the customer or it would require disproportionate costs.

§6 Conditions of complaint

1. The Seller is liable to the Customer if the product sold has a physical or legal defect (warranty), where a physical defect is the incompatibility of the delivered products with the original contract. The Customer has the right to file a complaint within 2 (two) years from the date of the delivery of the product by the Seller.

2. Within fourteen calendar days, the Seller will respond to the customer’s complaints and will inform him about how to proceed.

3. In order to consider the complaint by the Seller, the Customer should provide the product or products along with proof of purchase of this product (products) to the Company and description of the complaint (the complaint document template is on the back of the invoice).

4. In case of consideration of a complaint in favor of the Customer - the Seller shall immediately replace the defective product with a product free of defects or remove the defect. This does not affect the Customer's ability to make a statement about price reduction or withdrawal from the contract in accordance with applicable regulations. If it is not possible to replace the product, remove the product’s defect or reduce the price, the Seller will refund the payment immediately in accordance with applicable law.

§7 Privacy policy and personal data security

1. The administrator of the personal databases provided by the Consumers of the store is the Seller.

2. Providing personal data by the customer is voluntary. If you do not provide data, you may not be able to complete the purchase.

3. The administrator applies appropriate organizational and technical measures that ensure adequate protection during the processing of personal data.

4. In principle, depending on the use of specific functionalities of the store, the customer has the right to file a complaint with the competent authority for the protection of personal data, the right to object, the right to access his personal data, request for rectification, deletion, limitation of processing and data transfer.

5. Detailed rules for the collection, processing and storage of personal data used to process orders by the store are described in the Privacy Policy, which can be found at: https://zegarownia.pl/privacy-policy-cookie-restriction-mode.

§8 Final provisions

1. None of the provisions of these regulations are intended to infringe the Buyer's rights. It can not be interpreted in this way either, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this right in place of the challenged provision of the regulations.

2. The registered buyers will be notified via e-mail about changes to the regulations and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adjust the regulations to the applicable legal status.

3. The current version of the regulations is always available to the Buyer in the rules tab (https://zegarownia.pl/regulamin-zakupow). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.

4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a wish, are solved through mediation proceedings in the Provincial Inspectorates of the Trade Inspection, the arbitration process at the Provincial Inspectorate of Trade Inspection or through equivalent and lawful methods of dispute resolution indicated by the Consumer. As a last resort, the matter is settled by the local court.

Version 2.2 (Warsaw, 24.05.2018)