TERMS AND CONDITIONS OF THE ONLINE STORE

Introduction

The online store, available at https://www.wiltex.eu, is operated by Wiltex Spółka z ograniczoną odpowiedzialnością with its registered office in Wysogotowo at 56 Batorowska St., 62-081 Wysogotowo, NIP: 7773231969, REGON: 302439890, registered in the Register of Entrepreneurs of the National Court Register under KRS number: 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.

Seller’s contact information:

– phone: +48 61 670 86 65,

e-mail address: [email protected].

This document (which at the same time constitutes regulations under the Act of July 18, 2002 on the provision of services by electronic means), hereinafter referred to as “Regulations”, defines the types and scope of provision of services by electronic means through the Online Store, the principles of concluding sales contracts through the Online Store, the principles of performance of these contracts, as well as the rights and obligations of the Customer and the Seller.

1 Definitions

Online store – an online store available at https://www.wiltex.eu.

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 number: 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.

Customer – an entity that is an entrepreneur, i.e. a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by the Act, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.

Service – electronic services provided by the Seller through the Online Store.

Sales contract – a contract concluded at a distance between the Customer and the Seller through the Online Store, the subject of which is the purchase of a Product.

Product – a product that the Customer purchases through the Online Store.

Order – a declaration of will of the Customer submitted to the Seller and aimed directly at concluding a Product Sales Agreement with the Seller.

Order Form – a form available on the Online Store that allows you to place an order to purchase a Product.

Customer account – a set of resources in the Seller’s ICT system, where information about the Customer is collected, including address information and order history.

Registration form – a form available on the Online Store that allows you to create a Customer Account.

Newsletter – a service that allows you to subscribe and receive electronically free information about the Seller’s Products and promotions.

Business day – one day from Monday to Friday excluding public holidays.

2 General provisions

The vendor undertakes to provide services to the customer to the extent and under the conditions specified in the Regulations.

The customer undertakes to use the Online Store in accordance with applicable laws and rules of social intercourse.

The online store as well as the Products offered through it are intended exclusively for business entities for which the concluded Sales Agreements are of a professional nature only. The Seller shall be entitled to condition the possibility of placing an Order on the requirement for the Customer to provide his/her VAT number.

In connection with the status of the Customer specified in paragraph 3 above, the Customer is not entitled to withdraw from the Sales Agreement.

The Seller offers Products in different categories, depending on the damages 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 terms of clothing, footwear and accessories:

Category A

Products marked 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.

Category B

Products in category B are consumer returns up to 14 days. They have minimal, mostly reversible signs of use. Products in this category may also have minor manufacturing errors, such as dings, a small hole or 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.

Category C

Products in category C are consumer returns of up to 30 days. Bear significant signs of use and visible defects, including but not limited to: missing items (e.g. buttons, zippers), damaged zippers

Flashings, cuts, abrasions, and dings. Products are in need of repair or restoration.

Category D

Products in category D are consumer returns up to 30 days. Have significant signs of use or visible defects such as: dirt, stains, discoloration, holes and damaged seams, fading, rubbing, faded prints. The products need to be repaired or refurbished, but there may be damage that is impossible to repair.

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, abrasions and minor wrinkles, missing buttons or other small elements, small holes.

For Products other than clothing, footwear and accessories, the Seller shall include individual category descriptions in the offer indicating the features of the Products.

The Customer using the Seller’s Services is obliged to comply with these Regulations.

The Seller complies with the principles of protection of Customers’ personal data provided for by the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27.04.2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC.

The customer agrees to the collection, storage and processing of personal data by the Seller for the purpose of the contract. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out

“Privacy Policy” of the online store.

Information about the Product on the website of the Online Store constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Act of April 23, 1964 Civil Code.

All prices listed on the website of the Online Store are gross prices.

The Seller reserves the right to make changes in the prices of Products available at the Online Store, introduce new Products, as well as conduct and cancel promotional actions or make changes in ongoing promotions. In the case of promotional actions involving a temporary reduction in the price of a Product, the Seller shall indicate on the Product’s page, next to the promotional price, the previous lowest price of the product, which was in effect during the 30-day period before the introduction of the promotion. The scale of the reduction will be determined in relation to the lowest indicated price.

It is prohibited for the Customer to provide content of an unlawful or offensive nature. The Customer is obliged to use the Seller’s websites in a way that does not interfere with their functioning, in particular by not using certain software (including malware) or devices.

Specific risks associated with the use of services by electronic means are the possibility of unauthorized persons gaining access to and interfering with data transmitted over the network or stored on computers attached to the network, which may result, in particular, in their loss, unauthorized modification or making it impossible to use the services offered using the Online Store.

3. services and general terms and conditions of service

The Seller, by means of the Online Store, provides electronic services through:

making content about the offer and Products available on the website of the Online Store,

enabling to fill out Form order w in order to conclude the Sales Agreement,

Enable registration to create a customer Account and maintain the customer Account of the Online Store,

Sending customers information about promotions and Products in the form of a “Newsletter”.

The services specified in paragraph 1 are provided free of charge.

The contract for the provision of services by electronic means in the form of making it possible to fill in the Order Form is concluded with the Customer for a definite period of time when the Customer proceeds to fill in the Order Form, and is terminated when the Customer withdraws from filling in the Order Form or when the completed Order Form is sent to the Seller.

The contract for the provision of services by electronic means in the form of enabling registration and maintenance of a Customer Account is concluded with the Customer for an indefinite period of time at the time of registration with the Online Store.

The establishment of a customer Account (“registration”) is carried out using the functionality available on the website of the Online Store – the Registration Form.

Having a Customer Account is not required to place an order for Products available on the Online Store.

The contract for electronic provision of the “Newsletter” service is concluded for an indefinite period of time when the Customer signs up for the “Newsletter” service using the functionality available on the Online Store website, and is terminated upon termination of the contract by the Customer in accordance with the rules set forth in the Regulations or upon unsubscribing from the subscription list using the hyperlink (link) included in the Newsletter messages.

Technical requirements necessary to use the services provided by the Seller:

A device with access to the Internet,

A web browser that supports cookies,

email access.

The customer shall bear the fees associated with Internet access and data transmission in accordance with the tariff of its Internet service provider.

4. sales contract

The Seller allows you to place orders for Products available in the Online Store:

via via Form order form available w Online Store 24 hours 7 days a week;

by email to [email protected];

By phone at +48 61 670 86 65.

In order to place an order through the Order Form available on the website, the Customer selects the Product available on the Online Store, specifying the quantity he/she intends to purchase and indicating the characteristics of the ordered Product. After selecting the Product (adding the Product to the “shopping cart” through the functionality available on the Online Store), the Customer fills out the Order Form indicating in it the data necessary for the Seller to process the order, and then confirms the placement of the order using the “Order and pay” button.

In order to place an order by phone or e-mail, the Customer provides the Seller with information about the Product to be ordered and data necessary for the execution of the order, in particular, identification data including VAT number, address data and data enabling contact regarding the order (telephone number, e-mail address).

Upon receipt of the order, the Seller sends a statement of acceptance of the order to the Customer via e-mail to the e-mail address provided during the ordering process. Then the Seller, after verifying the possibility of processing the order, sends the Customer an order confirmation message. As soon as the Customer receives the order confirmation message, the Contract of Sale is concluded.

The order confirmation message contains the agreed terms and conditions of the Sales Agreement, in particular the quantity and type of Product ordered, the total price to be paid including delivery costs and the amount of discounts granted (if applicable).

5. lead time and delivery

The Seller shall process orders in the order in which they are received (taking into account Section 6(3) of these Regulations).

The lead time of an order consists of the preparation, completion, packing and release of the Product by the Seller.

Orders placed on a business day after 2 p.m. and on holidays are treated as placed on the next business day.

If part of an order consisting of several Products is not currently available, the Customer is informed about it by phone or e-mail and decides how to complete the order (partial completion, extend the waiting time, cancel the entire order or choose a replacement Product).

In the case of orders consisting of several Products with different availability and to be delivered in one shipment, the delivery date of the order will depend on the date on which the Seller completes the last Product covered by the order, unless otherwise agreed with the Customer.

The time of delivery of the Product to the Customer by the carrier or by the Seller’s own transport in accordance with the delivery method selected by the Customer should be added to the order processing time. Information about the methods and costs of delivery are available on the website of the Online Store and are indicated to the Customer when placing an order.

Orders are issued for delivery only on Business Days.

Upon receipt of the parcel, the Customer should carefully check the condition of the package and its contents. If any damage or other irregularities are found, he should, in the presence of the courier, draw up a damage report and notify the Seller.

In the case of refusal to accept the shipment or the impossibility of its delivery for reasons attributable to the Customer, the Seller has the right to charge the Customer for the costs incurred in the

in connection with such a situation (e.g., the cost of returning the shipment to the Seller or re-shipping it to the Customer).

In the event that the Seller covers the Customer for the damage caused during the carriage of the Product, the Customer’s claims against the carrier on this account, to the extent that they were covered by the Seller, shall be transferred to the Seller. The transfer of claims to the Seller does not require a separate assignment agreement.

The Seller allows you to pick up your order after prepayment by the Customer at the stationary point at 56 Batorowska Street, 62-081 Wysogotowo open on working days from 8.00 a.m. to 4.00 p.m. Order pick-up is possible only during the point’s working hours after the Seller confirms that the Products are ready for release.

6 Payment methods

The Seller allows payment for the ordered Products:

in the form of prepayment via the electronic payment system Stripe, operated by Stripe, Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080, USA, in accordance with the regulations of the system (https://stripe.com/legal);

in the form of prepayment by ordinary transfer to the Seller’s bank account number PL 21 1090 1346 0000 0001 2964 6534;

A customer who chooses to pay by prepayment is required to make payment within five days from the conclusion of the contract. If payment is not made within the specified period, the order may be canceled, and the Seller is entitled to withdraw from the Sales Agreement.

The Seller proceeds to process the order after receiving information from the operator of the electronic payment system about the correct authorization of the transaction or crediting the funds to the bank account when paying by regular transfer. In the case of cash on delivery payment, the Seller proceeds to process the order after its confirmation.

Proof of purchase is delivered 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 offered through the Online Store, the Customer agrees to receive invoices electronically without the issuer’s signature.

7. withdrawal from the contract for the provision of electronic services and the complaint procedure for electronic services

In the case of contracts for the provision of electronic services of a continuous and unlimited nature (e.g. Customer Account, Newsletter), the Customer has the right to terminate the contract. The customer may terminate the contract by notice with immediate effect and without giving any reason by sending a statement of termination to the e-mail address [email protected].

The Seller reserves the right to terminate the contract for the provision of services by electronic means of a continuous and indefinite nature with 14 days’ notice in case of violation by the Customer of the provisions of these Regulations.

In case of non-performance or improper performance of services provided by the Seller through the Online Store, the Customer is entitled to file a complaint by e-mail to [email protected].

A properly filed complaint should include the Customer’s designation (name and surname or company name, residential or business address and e-mail address), the subject of the complaint with an indication of the period to which the complaint relates and the circumstances justifying the complaint.

The complaint will be considered by the Seller within 14 calendar days from the date of receipt of the complaint.

8 Vendor’s powers

The Seller reserves the right to cancel the Sales Agreement at any time as long as the Product has not been delivered to the Customer, to a third party acting on behalf of the Customer or

To the carrier making the delivery to the Customer. Withdrawal from the contract by the Seller does not give rise to any claims on the part of the Customer against the Seller.

The Seller reserves the right to limit the payment methods available on the Online Store. The Seller reserves the right to require prepayment of all or part of the order value, regardless of the payment method selected by the Customer.

Based on Article 558 of the Civil Code, the Seller’s liability under warranty is excluded.

Pursuant to Article 548 §1 of the Civil Code, upon release of the Product by the Seller to the Customer, to a third party designated by the Customer or to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer.

The Seller’s liability to the Customer shall be limited only to the actual damages incurred by the Customer in connection with improper performance of the contract by the Seller, with the Seller bearing liability in an amount not greater than the value of the order placed by the Customer.

9.Seller’s liability

The Seller shall not be liable for the introduction of incorrect data by the Client (in particular, by providing incorrect data in the forms available on the site) or the Client’s actions in a way that hinders or prevents the provision and implementation of services by the Seller.

The Seller shall not be liable for the consequences of the use of the Online Store by the Customer in a manner inconsistent with the provisions of the Terms and Conditions, applicable laws and rules of social coexistence or customs in force in this area.

The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software. Suspension of

be termination benefits individual functionality of the Online Store shall not violate the rights of the Customer.

10. intellectual property

Any content posted on the Online Store (including graphics, texts, page layout and logos), and not originating from the Customer or other suppliers, enjoy the protection provided for copyright and are the exclusive property of the Seller. Use of such content without the written consent of the Seller shall result in civil and criminal liability.

The Customer is obliged to use any content posted within the Online Store only for his own personal use. Use of the content in any other scope is permitted only if so indicated explicitly by the Seller.

The use of the Online Store, including the use of text materials, graphics, photos, applications, databases or other content, does not imply the acquisition of any rights by the Customer with respect to the indicated content, and in particular does not imply the acquisition of property rights, related rights or licenses.

It is forbidden to take the following actions without the express consent of the Seller:

Copying, modifying and transmitting electronically or otherwise the Online Store or parts of it, as well as individual content made available through it,

dissemination in any way of the content published on the Online Store,

Downloading the contents of databases and reusing them in whole or in part.

11. product safety

An important aspect of Seller’s activities is taking care of the quality of the Products. To the extent possible to meet, given the nature of the business, the Seller applies the guidelines contained in the Regulation of the European Parliament and of the Council (EU) 2023/988

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 objects of sale are bundled products, some with defects, offered only to non-consumers.

At Products offered by Seller or their packaging find information containing their designation.

By verifying the information on the Products or their packaging, the Customer can obtain the following data about the Product:

Type, lot or serial number;

Manufacturer’s data, in particular, name or surname, registered trade name or trademark;

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.

The above-described issues do not apply to Products for which the category description indicates that they cannot reasonably be expected to comply with current safety standards, which are Products in need of repair or refurbishment.

For more information on the safety of the Products, please refer to the documents Product Safety and Information on Use located in the Legal Information tab at www.wiltex.eu. (this applies in particular to Products other than clothing, e.g. household accessories – in this case individual category descriptions are provided indicating the characteristics of the Products and the degree of possible defects, as well as instructions for safe use).

12 Final provisions

The Seller reserves the right to amend these Terms and Conditions. The Seller will notify about the change of the Terms and Conditions on the website of the Online Store at least 14 calendar days before the changes to the Terms and Conditions become effective. The change in the provisions of the Terms and Conditions does not apply to Customers who have placed an order during the validity of the previous version of the Terms and Conditions. Change of the Terms and Conditions in time duration relationship

contractual agreement of a continuous nature binds the other party if the requirements set forth in Article 384 of the Civil Code have been observed, and the party has not terminated the contract within the notice period of 14 calendar days.

In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply. If the provisions that apply in the country of the Customer are more favorable to the Customer, and these provisions cannot be excluded by contract, they will apply in the contract concluded through the online store.

Disputes arising as a result of the provision of services under these Terms and Conditions will be submitted for settlement to a court of competent jurisdiction according to the registered office of the Seller.

To the extent not covered by these Terms and Conditions, the provisions of the General Terms and Conditions of Sale located at www.wiltex.eu under the Legal Information tab shall apply.

(6) The Regulations shall enter into force on 01.02.2025.