- The WASCHMASCH.COM service is the information-offer platform of machines and tools used in laundry industry, directed to the traders and which operates on the provisions defined in these Regulations.
- These Regulations define the types and scope of services provided online by the WASCHMASCH.COM service to the Customers, consisting in enabling the Customers to conclude or dissolve the agreement on the basis of the resources of WASCHMASCH.COM Service.
- Each consumer is obliged to follow the provisions of these Regulations from the right upon the moment of taking actions which aim to use online services of WASCHMASCH.COM Service.
- The Service and the Service Provider/Intermediary provide the information about the machines and tools which can aim to conclude the agreement between the Customers. The Service is not liable towards the Client for any Products sold by the Seller and its role is limited only to associate the Customers to conclude relevant agreement.
- The Customers are liable for the effects of failure or improper performance of mutual liabilities incumbent on by the Customers.
- All issues which are not provided for in these Regulations shall be determined by the provisions of:
- Act on Rendering Electronic Services from 18/07/2002 (Journal of Laws of Number 144, Item 1204 with amends)
- Consumer Rights Act from 30/05/2014 (Journal of Laws 2014, Item 827)
- Act o on out-of-court settlement of consumer disputes from 23/09/2016 (Journal of Laws of 2016, Item 1823)
- Civil Code Act from 23/04/1964 (Journal of Laws Number 16, Items 93 with amends) and other relevant provisions of Polish Law.
- REGISTER FORM – the form available on the website WASCHMASCH.COM, enabling to create account.
- CLIENT – the customer, who aims to conclude or has already concluded the Agreement with the Seller/Mandator.
- ACCOUNT - marked with an individual name (login) and password, collection of resources in the information and communication system of the Service Provider, where the data provided by the Customer and information concerning his/her placed orders in the Store are collected.
- NEWSLETTER – the electronic service that allows the User to subscribe and receive at the email address given by the Customer free information from Service Provider concerning the Service and Products available in this Service.
- PRODUCT – the moving thing, available in the Service, being the subject of the Sale Agreement between Client and Seller.
- REGULATIONS – these Service Regulations.
- SERVICE – online service of Service Provider operating at WASCHMASCH.COM.
- SELLER/MANDATOR – the Customer, who presenting the Product/Services aims to conclude or concludes the Sale Agreement with the Client through the Service or Service Provider.
- INTERMEDIATION CONTRACT – the Intermediation contract concluded between Seller and Customer/Intermediary which consists of intermediation in concluding the Sale Agreement between Seller/Mandator and Client.
- SALE AGREEMENT – the Agreement on the sale of the Product concluded between the Seller and the Client through the Service.
- ELECTRONIC SERVICE – service provided in electronic form by the Service Provider to the Customer through the Service.
- SERVICE PROVIDER/INTERMEDIARY – ‘VACOR’ TRADING COMPANY, WALDEMAR MAJCHRZYK (abbreviation F.H.VACOR), running the business activity and registered in the Central Electronic Register and Information on Economic Activity, place of business and address for service: Jana Pawła II street 41A, 67-320 Małomice, Poland, NIP (tax identification number): PL9241342416, REGON number: 978073680, email address: firstname.lastname@example.org
- CUSTOMER – the natural or legal person, organisational unit not having legal personality, to whom legal capacity is granted under an act, using the Electronic Service.
- ANNEX OF SALE/MANDATE - Seller/Mandator’s declaration of will that is the basis to conclude the Intermediation Contract with the Service Provider/Intermediary in concluding Sale Agreement with the Client.
- ANNEX OF PURCHASE CONFIRMATION - Seller/Mandator’s declaration of will that is the basis to conclude the Intermediation Contract through the Service. The document is the confirmation of concluding the Sale Agreement between Seller and Client.
- ORDERS – the Customer’s declaration of will that is the offer of possibility to conclude the Product Sale Agreement.
INFORMATION ABOUT PRODUCTS AND ORDERING
- WASCHMASCH.COM service provides the space to the Customers to conclude the Sale Agreement through the Internet.
- The Customers, in order to use Electronic Services, are obliged to register the Account in the Service.
- The Sellers are obliged to present the Products with accordance to its legal and factual situation. The products prices have to be given in Euro (EUR). The Seller provides the net price.
- The Client, placing the order through the Service, makes the offering of opportunity to purchase the defined Product according to the data given in the Order description.
- The Product ordering can be placed through WASCHMASCH.COM – 24 hours daily all year round.
- The condition of ordering the product is to become familiar with the Regulations and to accept the requirements of the Regulations while placing the Order.
- The condition of entering the product in the Service by the Seller is to become familiar with the Regulations and to accept its requirements while entering the Product.
CONCLUDING THE SALE AGREEMENT
- To conclude the Sale Agreement, it is essential to place the order by the Client at first.
- After placing the Order, the Service Provider/Intermediary transfers to the Client the data of offered Products that the Sale offers meet the criteria described by the Client or they are similar to them in the Order and transfers them to the Client.
- After receiving the response from the Client with the acceptance of chosen Seller’s offer, the Service Provider/Intermediary confirms the validity of Seller’s offer.
- After receiving the confirmation about the validity of offer from the Seller, the Service Provider/Intermediary can take part in determining the conditions of selling the Product between Client and Seller.
- If the Client decides to purchase the Product, the Service Provider/Intermediary sends to:
- The Seller – Annex of Sale/Mandate – the model document is provided by the annex to the Regulations (link to download)
- The Client – Annex of Purchase Confirmation - the model document is provided by the annex to the Regulations (link to download)
- After sending correctly filled-in documents and sign i.e. Annex of Sale/Mandate by the Seller and Annex of Purchase Confirmation by the Client, the Service Provider/Intermediary makes the Clients Data available to the Seller in order to issue pro forma document of the Product.
- The Seller/Mandator is obliged to send the pro forma document for the Product with seven-day period of payment on email address of Service Provider/Intermediary: email@example.com.
- The Service Provider/Intermediary sends to the Client pro forma document in electronic form (e-mail).
- Once the mail is confirmed by the Client, which referred to in item 8, the Sale Agreement between Client and Seller is concluded.
- The Client is obliged to pay for the Product within the time period set in pro form document and to send the payment confirmation to the Service Provider on the e-mail address: firstname.lastname@example.org with accordance to the obligation resulting in Annex of Purchase Confirmation.
- The Seller, after receiving the payment on account of pro forma document, is obliged to issue the VAT invoice/bill for the Client, even if VAT rate will be 0.
- In case of concluding Sale Agreement by the Seller with the Client, whose transaction data were transferred by the Service Provider/Intermediary as remuneration, the Seller/Mandator will pay to the Service Provider/Intermediary the commission established inAnnex of Sale/Mandate and the payment will be charged on the basis of pro forma document issued by the Service Provider/Intermediary.
- The Service Provider/Intermediary, after receiving the confirmation of bank transfer described in §4 item 10, sends the Seller/Mandator pro forma document as remuneration under the Intermediation contract and payment date.
- In the event of remuneration payment default, the Service Provider/Intermediary shall receive the statutory interest for the delay in trade transactions.
- The Service Provider/Intermediary will send the VAT invoice about receiving the remuneration under pro forma document to the Seller/Mandator.
COMPLAINTS CONNECTED WITH PROVIDING ELECTRONIC SERVICES
- The Customer has the right to complaint in case of default or wrongly provided services by the Service Provider though the WASCHMASCH.COM service and in connection with the use of Service resources.
- The Customer can complaint about the Electronic Service provided by the Service though e-mail address: email@example.com.
- In the message mentioned above, the complaint has to include as many information as possible and circumstances concerning the item of complaint, especially type and date of occurring the irregularity and contact details.
- If the details given in complaint need to be completed, the Service Provider will turn to the Customer for indicating additional information in defined scope and date.
- Handling the complaint by the Service Provider occurs immediately, not later than 14 days from the date of its receiving.
- The Service Provider’s response to the complaint is sent to the Customer’s e-mail address, given in complaint form or in other way given by the Customer.
- The response to the complaint of the Product is transferred on durable medium (e-mail).
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables, through the Service, to use Electronic Services such as:
a) opportunity to conclude the Product Sale Agreement
b) having an account
- Providing the Electronic Services for the Customers in the Service is provided under the conditions defined in Regulations.
- The Service Provider has a right to post the advertising on the Service webpage. The advertising is the integral part of the Service and materials presented in the Service.
CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS ON PROVIDING ELECTRONIC SERVICES
- Providing Electronic Services defined in §7 item 1 of the Regulations for the Customers is free of charge.
- The period that the agreement is concluded for:
a) the agreement on providing Electronic Service consisting in having an account in the Service is concluded for an indefinite period of time.
b) the agreement on providing Electronic Service consisting in enabling to place the order in the Service is concluded for a fixed period and is terminated at the moment of placing the Order or ceased while placing it by the Customer.
c) the agreement on providing Electronic Service consisting in using the Newsletter is concluded for an indefinite period of time.
- The technical requirements necessary to cooperate with the electronic system, that is used by the Service Provider:
a) computer or mobile tool with the access to the Internet
b) access to e-mail
c) web browser
- The Customer is obliged to use the Service with accordance to the law and good manners bearing in mind the respect for personal interests and intellectual properties of the third parties.
- The Customer is obliged to enter the data with accordance to the legal and factual situation.
- The Customer is not allowed to provide illegal content.
- The Service Provider reserves the right to refuse to publish, edit or delete the contents, Products’ description and photos, of which the nature contravenes the provisions of the Regulations or ordinary laws, especially when they include elements:
a) commonly considered as offensive
b) incitement to hatred
c) of racist nature
d) of erotic or pornographic nature
e) constituent elements of criminal or acts of unfair competition
f) disturbing personal interests, copyrights and intellectual property rights
g) misleading the Customers
h) advertising other services, especially those competing for WASCHMASCH.COM
i) being SPAM or promotion material
j) containing advertisements about competition actions organized without the written agreement of the Service Provider.
8. The Service Provider reserves the right to delete particular Account from the Service, informing particular Customer about this fact at the same time, in the case when the Service Provider received particular knowledge, serious suspicious or suitable official note, that while using the account the Customer committed or was attempting to commit the infringement, got around or tried to get around the generally applicable law or provisions of these Regulations, especially acting or trying to act against other Customers or third parties, and failed to fulfill the agreement concluded with other Customers or/and Service Provider.
CONDITIONS OF DISSOLVING THE AGREEMENTS ON PROVIDING ELECTRONIC SERVICES
1. The termination of the Agreement on Providing Electronic Services:
a) the Agreement on Providing Electronic Services that is continuous and permanent can be terminated (having the account, Newsletter)
b) The Customer can terminate the agreement with immediate effect and without indicating the cause by sending the appropriate statement through email at the address: firstname.lastname@example.org
c) The Service Provider can terminate the agreement on Providing Electronic Services that is continuous and permanent when the Customer violates the Regulations, especially when s/he provides the content with illegal nature, after ineffective, previous summons to cease violating with determining the appropriate date. In this case, the Agreement expires after 7 days from the day of making the declaration of will about its termination.
d) the termination leads to legal cessation with regard to the future.
2. The Service Provider and the Customer can dissolve the agreement on Providing Electronic Services at any time by agreement of the parties.
- All the contents posted on the webpage at the address WASCHMASCH.COM use the legal protection and (on the stipulation §10 item 3 and elements posted by the Sellers, used by the Service Provider on the basis of the transfer of financial copyright, license or permitted use) are the property of Waldemar Majchrzyk, running business activity as trading company ‘VACOR’ WALDEMAR MAJRZCHYK , Jana Pawła II street 41A, 67-320 Małomice, NIP (tax identification number): PL9241342416, REGON(registered office): 978073680. The Customer is fully liable for damage caused to the Service Provider, resulting from the use of any content of the WASCHMASCH.COM webpage, without the Service Provider’s agreement.
- Any use by anybody, without clear written Service Provider’s agreement, any of the elements included in contents of WASCHMASCH.COM webpage constitutes the violation of copyright that the Service Provider is entitled to and results in civil-law proceedings.
- All the trading names, Products’ names, company name and its logo used on the Service webpage at the address waschmasch.com belong to the owners and they are used only for identification purposes. They can be may be registered trademarks. All the materials, descriptions and photo presented on the Service webpage are used for informational purposes.
- The Agreements concluded through the Service are concluded with accordance to Polish Law.
- In case of inconsistency of any part of Regulations with applicable laws, any questioned provision should be replaced by appropriate applicable provisions of the Polish law.
- The amends made in the Service Regulations by the Service Provider bind the Customer under the condition that the Customer was informed in appropriate way and did not terminate the agreement on providing electronic services within 14 days from the day of notifying the Customer about the amends made by the Service.
- Any disputes between the Service Provider and Customer shall be settled by negotiations with the intention of amicable settlement. If is it impossible or unsatisfying for any of the parties, shall be settled by a competent court with respect to the Service Provider’s head office.
- Any disputes ensuing from the Sale Agreements between Customers are settled by a competent court with accordance to provisions of Civil Procedure Code from 17/11/1964 (Journal of Laws of Number 43, Item 296 with amends).