GENERAL TERMS AND CONDITIONS OF SALE
Wiltex limited liability company
1.
General provisions
1.1 Definitions:
– GTCS – General Terms of Sale of Wiltex spółka z ograniczoną odpowiedzialnością.
– Seller – Wiltex Spółka z ograniczoną odpowiedzialnością with its registered office in Wysogotowo at 56 Batorowska Street, 62-081 Wysogotowo, NIP: 7773231969, REGON: 302439890, registered in the Register of Entrepreneurs of the National Court Register under KRS no.: 0000982166, registration court: District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, share capital: PLN 2,500,000.00.
– Client – an entity which is an entrepreneur, i.e. a natural person, a legal person or an organizational unit which is not a legal person, to which the Act grants legal capacity, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
– Product – a product that the Customer purchases from the Seller.
– Order – an offer to purchase a Product made by the Customer, by email, telephone or in a message sent via the Seller’s social media (Facebook, Instagram), aimed directly at concluding a sales contract with the Seller.
– Order Confirmation – the Seller’s statement of acceptance of the Order, submitted to the Customer by e-mail or in a message sent via the Seller’s social media (Facebook, Instagram).
– Order processing – preparation, completion, packing and release of the Product by the Seller.
– Contract – the Product sales transaction concluded by confirming the Order in accordance with section 3.1. of these GTS or, in special cases, by signing a separate, bilateral written agreement.
– Parties – jointly the Seller and the Customer.
– Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
1.2 The following GTS shall apply to all contracts concluded by the Seller, without territorial restrictions, in the area of transactions with Customers.
1.3 To the extent not regulated in these GTS, the provisions of the Rules and Regulations of the online store, located at www.wiltex.pl in the Legal Information tab, shall apply.
1.4 The General Terms and Conditions of Sale are communicated to and accepted by the Customer no later than at the conclusion of the Contract in writing, by e-mail or in a message sent via the Seller’s social media. In addition, they are available on the website www.wiltex.pl in electronic form, in such a way that they can be downloaded, stored and reproduced by the Customer.
1.5 The General Terms and Conditions of Sale are binding on the Customer, provided that they were communicated to him at the latest at the time of the conclusion of the Contract. If the Seller and the Customer have a permanent business relationship, the GTCs are binding on the Customer without the need to communicate them each time to the Customer prior to the conclusion of each subsequent Contract, provided that they were properly communicated prior to the conclusion of the first Contract. However, any change in the GTS affecting the Customer’s rights and obligations shall make it necessary to communicate them again.
1.6 In the event of discrepancies between the GTS provided to the Customer and the content of the GTS presented on the Seller’s website, the GTS provided to the Customer shall be binding.
1.7 The Seller shall not be bound by the terms and conditions of purchases/orders/transactions applied by the Customer to the extent that they contradict the GTS. In the remaining scope, these terms and conditions may bind the Seller if they are confirmed by its duly authorized representatives at least in documentary form.
1.8 Any deviation from the GTS shall be permitted subject to the express consent of the Seller in at least documentary form by duly authorized representatives of the Seller.
1.9 In case of discrepancies between the provisions of individual documents for a given transaction, the Seller shall establish their hierarchy, binding both Parties:
(a) Contract (if concluded in the form of a separate document);
(b) Confirmation of the Order by the Seller;
(c) GTS;
d) Customer’s Order.
1.10. All authentic, i.e., language versions of these GTS, developed by the Seller or on its order, shall have binding force. In case of any interpretation doubts or disputes, the Polish language version shall apply.
2 Orders
2.1 The Customer has the opportunity to submit an Order to the Seller:
a) by e-mail at [email protected],
b) by phone at +48 61 670 86 65;
c) in a message sent via social media (Facebook, Instagram) via the Seller’s profile.
2.2 In the Order, the Customer shall provide the Seller with at least information about the ordered Product and data necessary for the execution of the order, in particular, identification data including Tax Identification Number (NIP), address data and data enabling contact regarding the order (telephone number, e-mail address).

2.3 Any information posted on the Seller’s website, in catalogs, brochures, flyers, advertisements and other publications of the Seller, including those bearing the characteristics of an offer (including the name “offer”), addressed both to the
to the general public, as well as to a specifically designated Customer, are of informational and non-binding nature to the Seller, constituting only an invitation to place an Order. They do not constitute an offer within the meaning of Article 66 and subsequent articles of the Civil Code, unless the Seller expressly, in writing, agrees to such treatment.
2.4 The Seller shall be entitled to make the possibility of placing an Order conditional on the requirement of the Customer to provide a VAT number.
2.5. The Seller’s offer includes Products in different categories, depending on the damage and defects present in them. The description of the category is each time placed next to the offered assortment. The Seller distinguishes the following categories of Products in the field of clothing, footwear and accessories:
1) Category A
Products designated as Category A are new and do not have any damage or defects that could affect their functionality. Products may be delivered in replacement packaging that is not the original manufacturer’s packaging. There may be traces of dust on the surface of the products due to the storage and transportation process. This is not considered a product defect.
2) Category B
Category B products are consumer returns up to 14 days. They have minimal, mostly reversible signs of use. Products in this category may also have minor manufacturing defects, such as a ding, a small hole or a pulled thread, etc. Products in Category B are delivered in original or replacement packaging, which may bear minor damage. Products may need to be repaired or refurbished.
3) Category C
Products in Category C are consumer returns up to 30 days. They bear significant signs of use and visible defects, including but not limited to: missing items (e.g. buttons, zippers), damaged zippers, cuts, abrasions, dings. Products need to be repaired or refurbished.
4) Category D
Products in category D are consumer returns up to 30 days. They have significant signs of use or visible defects such as: dirt, stains, discoloration, holes and damaged seams, fraying, rubbing, faded prints. Products need to be repaired or refurbished, but there may be damage that is impossible to repair.
5) 2nd hand
2nd hand products may be from several seasons ago. They have typical signs of use, characteristic of second-hand clothing, but without significant defects and typical odor for this type of clothing. Possible defects of this product are: washed-out material, stains and light discoloration, abrasion and minor wrinkling, missing buttons or other small elements, small holes.
2.6 For Products other than clothing, footwear and accessories, the Seller shall include individual category descriptions in the offer indicating the characteristics of the Products.
3 Order Confirmation/Agreement
3.1 The Contract shall be concluded upon acceptance of the Order understood as receipt of the Order Confirmation by the Buyer, or upon fulfillment of other terms and conditions of the Contract previously agreed between the Parties, unless otherwise agreed by the Parties.
3.2 Placement of the Order does not mean conclusion of the Contract. Upon receipt of the Order, the Seller sends to the Customer electronically at the e-mail address provided during the placement of the Order or in a message sent via the Seller’s social media (Facebook, Instagram) a statement of acceptance of the Order. Then the Seller, after verifying the possibility of processing the Order, sends the Customer an Order Confirmation. The conclusion of the contract occurs in each case only as a result of the Seller sending the Order Confirmation to the Customer. In the event of any differences between the terms of the Seller’s commercial offer, including as to the description of the Product, and those contained in the Order Confirmation, the Order Confirmation shall be binding, in accordance with the hierarchy of importance of documents as in Section 1.8 above.
3.3 The Order Confirmation shall contain the agreed terms of the Contract, in particular the number and type of Product ordered, the total price to be paid including delivery costs and the amount of discounts granted (if applicable).
3.4 If the Seller receives an Order or any other offer to conclude a Contract within the scope of its activity from a Customer with whom it has a permanent business relationship, the Seller’s failure to promptly accept the offer (sending of the Order Confirmation) shall not be deemed its acceptance. Reservations on the part of the Client, the essence of which would be to impose on the Seller the obligation to respond to the offer (Order) within a specified period, under pain of being considered accepted.

3.5 The Seller excludes the possibility of implicit conclusion of the Contract in any case. In particular, the confirmation of the conclusion of the Contract is not the mere accession to the execution of the Contract by the Seller.
3.6 Once the Contract has been concluded, the Customer shall not have the right to withdraw from the Contract except in cases referred to in mandatory provisions of law. Total or partial termination of the Contract, including restriction of delivery, shall require in each case the consent of the Seller given at least in documentary form through duly authorized representatives.
4 Delivery
4.1 The costs of transport of the Product shall be borne by the Buyer, unless otherwise agreed in the Order Confirmation.
4.2. The Customer is obliged to analyze the Order Confirmation in detail. In case of any discrepancies, the Customer shall immediately notify the Seller by e-mail.
4.3 The Customer’s failure to notify the Seller of any discrepancies between the Order and the Order Confirmation, as referred to in Section 4.3 above, shall mean that the Customer assumes the full risk of the transaction in question and shall not raise any allegations against the Seller regarding the discrepancy of the Product with the Order.
4.4 The average time for Order Fulfillment is up to two business days. The deadline is calculated from the day following the day of Order Confirmation.
4.5 Products are issued for delivery only on business days.
4.6 The time for delivery of the Product to the Customer by the carrier or by own transport in accordance with the method of delivery chosen by the Customer shall be added to the Order Processing time.
4.7 In case the Customer has purchased several Products and some of them are not available, the Customer is informed about it by phone or e-mail and decides on the method of delivery of the Product (partial delivery, extension of the waiting time, cancellation of the entire Order or selection of a replacement Product).
4.8 In the case of different availability of Products to be delivered in one shipment, the date of Order Fulfillment will depend on the completion of the last Product covered by the Order by the Seller, unless otherwise agreed with the Customer.
4.9. In the event that the shipment is refused or cannot be delivered for reasons attributable to the Customer, the Seller shall have the right to charge the Customer for the costs incurred in connection with such a situation, including the cost of returning the shipment to the Seller or re-shipping it to the Customer.
4.10. In the event that the Seller covers the Customer for the damage caused during the transportation of the Product, the Customer’s claims on this account against the carrier, to the extent that they have been covered by the Seller, shall be transferred to the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.
4.11. The Seller shall allow the Customer to pick up the Product stationary at 56 Batorowska Street, 62-081 Wysogotowo on working days from 8.00 a.m. to 4.00 p.m. Pick-up is possible only after the Seller has confirmed that the Products are ready for release.
5 Price and payment terms
5.1 The prices contained in any offers of the Seller are for informational purposes only.
5.2 In the absence of any agreement between the parties to the contrary, the price of the Product shall be the price resulting from the Order Confirmation.
5.3 Any prices quoted by the Seller are gross prices.
5.4 Payment is possible in the form of prepayment by ordinary transfer to the Seller’s bank account number 66 1090 1346 0000 0001 2131 1193, cash on delivery up to the amount of PLN 6,000 gross or in cash in case of Product collection by the Customer.
5.5 In case of prepayment,the Client is obliged to make payment within five days from the conclusion of the Contract. If payment is not made within the aforementioned period, the transaction may be canceled, and the Seller is entitled to withdraw from the Contract.
5.6 The Seller proceeds with the execution of the Order after the funds are credited to the bank account when paying by regular transfer. In the case of cash on delivery payment, the Seller shall proceed to the Order Realization after the Order Confirmation.
5.7 Proof of purchase is provided to the Customer together with the Product or electronically to the e-mail address indicated by the Customer when placing the Order. By placing an Order for Products, the Customer agrees to receive invoices electronically without the issuer’s signature.
5.8 Payment shall be made in full in PLN, unless the Parties have previously agreed otherwise. The date of payment shall be the date of crediting the Seller’s account or the date of payment in cash.
5.9 Notwithstanding any other rights under these GTS, the Seller retains the right to charge statutory interest in commercial transactions for delay on any outstanding amounts.
6. transfer of risk and ownership, warranty

6.1 If the Product is shipped to the Customer’s address via a carrier, the transfer to the Customer of the benefits and burdens of the thing and the danger of accidental loss of or damage to the goods shall occur at the time of delivery of the Product to the carrier. If, at the time of receipt of the Product from the carrier, the Customer discovers a difference between the goods actually delivered and the goods specified in the Order Confirmation, or damage to the goods, the Customer should, in the presence of the courier, draw up a protocol with reservations and notify the Seller. Failure by the Customer to comply with the above obligations shall mean his waiver of his rights in the case of damage to the goods and his consent to amend the concluded Agreement in the part relating to the designation of its subject and price – in the case of differences between the goods delivered or its number and that which was indicated in the Order Confirmation.
6.2 If the Customer collects the Product with his own means of transport, the transfer to the Customer of the benefits and burdens associated with the thing and the danger of accidental loss or damage to the goods shall occur at the moment when the goods are released to him in the Seller’s warehouse. The person collecting the Product on behalf of the Customer is obliged to inspect and confirm by signature the conformity of the goods with the
Order Confirmation in terms of quantity and quality at the time of release.
6.3 The Seller disclaims its liability under warranty for the Products to the maximum extent permitted by currently applicable laws.
7 Force Majeure
7.1 In the event of circumstances beyond the control of either Party, in particular such as: fortuitous events, strikes, rebellions, wars, acts of terror, fires, natural disasters, explosions, sabotages, breakdowns or arising from the need to comply with orders of public authorities, laws and other acts of law or from conflicts with employees, lockouts or court orders, the execution of the Contract shall be suspended in whole or in relevant part until the above circumstances cease to exist. The parties undertake to inform each other immediately of the occurrence of such circumstances and their effects on the Contract.
7.2 If the suspension of the execution of the whole or part of the Contract due to force majeure lasts longer than 1 month, each Party shall have the right to immediately withdraw from the Contract or to terminate it without any negative consequences for itself, upon written notice to the other Party. What the Parties have rendered to each other so far shall be subject to reimbursement insofar as, and to the extent that, the purpose of such performance has not been achieved.
7.3 With respect to the Seller, force majeure within the meaning of Section 7.1 above shall also be deemed to include circumstances relating to its suppliers and cooperators, including suppliers of utilities (electricity, water, gas, telecommunications services, etc.).
8 Trade secrets
The Customer may not, without the consent of the Seller, transfer knowledge and information obtained as a result of business dealings with the Seller to third parties on matters covered by trade secrets.
9. product safety
9.1 An important aspect of the Seller’s business is to take care of the quality of the Products. To the extent feasible, given the nature of its business, the Seller shall apply the guidelines contained in the Regulation (EU) 2023/988 of the European Parliament and of the Council of May 10, 2023 on general product safety (hereinafter “GPSR”). However, the Seller performs the obligations set forth in the GPSR to a limited extent. This is due to the fact that the subject of sale are products in packages, partially with defects, offered only to entrepreneurs who do not have the status of consumers.
9.2 On the Products offered by the Seller or their packaging there is information containing their designation.
9.3 The Customer, by verifying the information on the Products or their packaging, may obtain the following data about the Product:
1) type, batch or serial number;
2) data of the manufacturer, in particular the name or surname, registered trade name or trademark;
3) the postal and electronic address of the manufacturer or the postal or electronic address of the single point of contact at which they can be contacted by the manufacturer.
9.4 The above-described matters shall not apply to Products for which the category description indicates that they cannot reasonably be expected to comply with current safety standards, such being Products in need of repair or refurbishment.
9.5 For more information on Product safety, please see Product Safety and Information on Use located in the Legal Information section at www.wiltex.pl. (this applies in particular to Products other than clothing, e.g. household accessories – in this case individual category descriptions are provided indicating the features of the Products and the degree of possible defects, as well as guidelines for safe use).
10 Limitation of Liability

10.1 Before making a purchase, the Customer should familiarize himself with the Seller’s commercial offer and exercise diligence in selecting the ordered Product. The Seller shall not be liable for the Customer’s choice, intended use or application of products purchased from the Seller.
10.2 The Seller reserves the right to withdraw from the Contract at any time as long as the Product has not been released to the Customer, a third party acting on behalf of the Customer or the carrier making the delivery to the Customer. Withdrawal from the Contract by the Seller shall not give rise to any claims by the Customer against the Seller.
10.3 The total liability of the Seller to the Customer on account of any damages, claims and other demands having to do with, or resulting from, the concluded Contract (including on a recourse basis), may not exceed the value of the purchased Product. Notwithstanding the foregoing, the Seller’s liability shall not include: loss of profits, loss of contracts, loss of use, or consequential or indirect losses, or any loss or damage of any kind arising from any cause whatsoever, except as provided in these GTS.
11 Personal Data
11.1 Wiltex sp. z o. o . is the administrator of personal data of the Customer, whose data are processed within the scope of current operations.
11.2 Personal data is processed for the purpose of executing concluded agreements, in particular for the purpose of delivery. In addition, contact data are processed within the framework of the administrator’s legitimate interest in maintaining business relations with regular customers and contractors.
11.3 Personal data shall be retained for no longer than the period of their usefulness for the stated purpose and shall be deleted immediately after the end of their usefulness.
11.4 Any person whose data Wilex sp. z o.o. processes has the right to request access, rectification, deletion or restriction of their processing, as well as to object to their processing and to their portability. The person whose data is processed also has the right to lodge a complaint with a supervisory authority.
11.5 Personal data processed by Wiltex sp. z o.o. shall be approached directly from the subjects or obtained from publicly available sources.
11.6 All other information on the protection of personal data is contained in the Privacy Policy available on the website www.wiltex.pl.
12. amendment of the General Terms of Sale
12.1 The Seller reserves the right to amend the GTS.
12.2 The amended GTS shall be made available on the Seller’s website.
12.3 The change of GTS shall not affect Orders placed before such change, which are executed on the existing terms.
13 Final provisions
13.1 In case of invalidity of any provision of these GTS, on any legal basis, the GTS shall be binding in the remaining scope, and the Contract itself shall remain valid and effective.
13.2 The headings of the individual chapters of these GTS are for organizational purposes only and shall not affect the interpretation of the Contract.
13.3 The law applicable to the GTS shall be Polish law.
13.4 The Parties shall strive to amicably resolve any disputes arising in connection with the performance of the Agreements covered by these Terms and Conditions. In case of impossibility of amicable settlement, the competent court to resolve the dispute will be the court having jurisdiction over the place of residence of the Seller.