Shop terms and conditions

In force from [effective date to be completed]

This is a translation of the Polish terms and conditions. In the event of any discrepancy, the Polish version is binding.

§ 1. General provisions

1. These Terms and Conditions set out the rules for using the online shop available at https://spawlab.pl, the rules for concluding contracts for the sale of Goods through it, the rights and obligations of the parties, and the rules for complaints and withdrawal from the contract.
2. The Shop is run by Spawlab Jarosław Kołaski, ul. Akacjowa 15, 63-700 Krotoszyn, Poland, NIP (tax ID) 6211721099, REGON 302440337 (hereinafter: the Seller).
3. The Seller is an official seller of factory new welding equipment, plasma cutters, compressors and accessories, which it buys exclusively from authorised distributors operating on the Polish market. New Goods offered are lawfully placed on the market in the Republic of Poland and the European Union, free from legal defects and covered by the warranty of the manufacturer, importer or distributor. New Goods do not come from imports from outside the European Union but are the subject of lawful domestic trade.
4. The Seller also offers Used Goods (including equipment bought back, after servicing and ex-demonstration units) and runs its own service centre and a buy-back of equipment.
5. These Terms and Conditions are made available in the Shop continuously and free of charge, in a way that allows them to be obtained, reproduced and recorded at any time.
6. The provisions of these Terms and Conditions do not exclude or limit the rights of Consumers and Entrepreneurs with consumer rights granted to them by mandatory provisions of law. In the event of a conflict, the provisions of law prevail.

§ 2. Definitions

1. Seller: Spawlab Jarosław Kołaski, ul. Akacjowa 15, 63-700 Krotoszyn, Poland, NIP 6211721099, REGON 302440337.
2. Shop: the online shop run by the Seller at https://spawlab.pl.
3. Buyer: any person or entity making a purchase in the Shop (a Consumer, an Entrepreneur with consumer rights or an Entrepreneur).
4. Consumer: a natural person performing a legal transaction with the Seller that is not directly connected with their business or professional activity (Article 22(1) of the Civil Code).
5. Entrepreneur with consumer rights (EwCR): a natural person concluding a contract directly connected with their business activity, where the content of the contract shows that it is not of a professional nature for them, arising in particular from the scope of business entered in the Polish business register (CEIDG).
6. Entrepreneur: a Buyer conducting business or professional activity who is neither a Consumer nor an Entrepreneur with consumer rights.
7. Goods: movable items offered in the Shop; all Goods are marked as new or used.
8. New Goods: factory new Goods bought from an authorised distributor and covered by the warranty of the manufacturer, importer or distributor.
9. Used Goods: Goods bearing traces of previous use, whose technical condition, degree of wear, completeness and any deviations from full working order are described in the product listing.
10. Sales Agreement: a contract for the sale of Goods concluded at a distance through the Shop.
11. UPK: the Polish Consumer Rights Act of 30 May 2014. KC: the Polish Civil Code of 23 April 1964.
12. Durable medium: a material or tool that allows information addressed personally to the recipient to be stored in a way that allows future access to it and its reproduction in unchanged form.

Protection of Entrepreneurs with consumer rights. The provisions concerning Consumers also apply to Entrepreneurs with consumer rights with regard to liability for conformity of the Goods with the contract, the right of withdrawal and unfair contract terms (Article 7aa UPK, Article 385(5) KC). This does not apply to § 15, which is available to Consumers only.

§ 3. Contacting the Seller

1. Postal address: Spawlab Jarosław Kołaski, ul. Akacjowa 15, 63-700 Krotoszyn, Poland.
2. E-mail for general matters and orders: kontakt@spawlab.pl.
3. E-mail for complaints and service: serwis@spawlab.pl.
4. E-mail for buy-back and machine valuation: wycena@spawlab.pl.
5. Telephone: +48 669 162 833 (charged according to your operator's rates).
6. In person at the Seller's premises, after arranging a date by telephone or e-mail.

§ 4. Technical requirements and electronic services

1. To use the Shop you need: a device with Internet access and an up-to-date browser supporting cookies and JavaScript, an active e-mail account and, for online payments, compliance with the requirements of the payment operator.
2. The Seller provides the following services free of charge: making the Shop content available, running a customer account, handling orders, a contact form and, on the basis of consent, a newsletter.
3. The Buyer must not supply unlawful content or take actions that disrupt the operation of the Shop.
4. The contract for electronic services may be terminated by the Buyer at any time, and by the Seller for important reasons, with acquired rights preserved.
5. Complaints about the operation of the Shop: kontakt@spawlab.pl; for Consumers and EwCR they are handled within the period set out in § 11(12).

§ 5. New and used Goods

1. All Goods are free from legal defects and lawfully placed on the market.
2. The main features of the Goods, the price, availability and, for Used Goods, the description of their condition are given in the product description.
3. New Goods are covered by the warranty of the manufacturer, importer or distributor (§ 13).
4. Used Goods are clearly marked as used. The description contains information on the technical condition, degree of wear and completeness, and on any missing items, traces of use or deviations from full working order.
5. Used Goods are sold without a manufacturer's warranty, unless the description states otherwise. The absence of a warranty does not exclude, limit or suspend the Seller's statutory liability for conformity of the Goods with the contract towards Consumers and EwCR (§ 11) or the right of withdrawal (§ 14).
6. If a specific feature of the Goods deviates from the requirements of conformity with the contract (described traces of wear, missing equipment, a replaced component, a limited function), the Seller informs the Buyer of this clearly no later than at the time the contract is concluded, and the Buyer expressly and separately accepts this deviation when placing the order (Article 43b(4) UPK).
7. Goods are presented as available immediately or to order. Information on availability and the estimated delivery time is given in the product listing (§ 10).

§ 6. Prices

1. Each item shows a net price and a gross price including VAT. The price payable by a Consumer is the gross price. Prices do not include delivery costs, which are shown separately when the order is placed.
2. In the Polish language version of the Shop, prices and orders are expressed in Polish zloty (PLN). In the English and German language versions of the Shop, prices, delivery costs and orders are expressed in euro (EUR); the euro price is calculated from the zloty price at a fixed rate of 4.30 PLN to 1 EUR.
3. The total price of the order including delivery costs is shown in the cart summary before the order is placed. The Seller does not charge any fees it has not informed the Buyer of in advance.
4. The binding price is the price shown for the Goods at the time the order is placed, in the currency of the order.

§ 7. Promotions and information on price reductions

1. When announcing a price reduction, the Seller shows, next to the reduced price, the lowest price of the Goods in the 30 days before the reduction.
2. If the Goods have been offered for less than 30 days, the lowest price from the start of the offer until the reduction is shown.
3. These rules apply accordingly to advertising of the Goods with a price.
4. This obligation does not apply to prices set individually by negotiation (B2B offers and quotations).
5. Promotions and discount codes cannot be combined unless the terms of the promotion state otherwise.

§ 8. Conclusion of the contract

1. Information about the Goods is an invitation to conclude a contract (Article 71 KC), not an offer.
2. Orders can be placed 24 hours a day, with a customer account or without registration.
3. The Buyer selects the Goods, enters the delivery and billing details, chooses the delivery and payment method, reads these Terms and Conditions and, for Used Goods, accepts the described deviations (§ 5(6)), and then confirms the order with the Order with obligation to pay button or an equivalent button.
4. Placing an order constitutes an offer to conclude a Sales Agreement.
5. The Seller promptly confirms receipt of the order. The contract is deemed concluded when the Buyer receives an e-mail confirming that the order has been accepted for fulfilment.
6. The confirmation contains the details of the parties, the description of the Goods, the total price, the delivery method and cost, the payment method and, for Consumers and EwCR, information on the right of withdrawal together with the model form (Annex 1). It records the contract on a Durable medium (Article 21 UPK).
7. If part of the order cannot be fulfilled, the Seller promptly informs the Buyer, who may change or cancel the order; any payment is refunded without undue delay.

§ 9. Payment methods and invoices

1. Available payment methods:
   • PayU: fast bank transfer, payment card and other methods provided by PayU;
   • traditional bank transfer to the Seller's bank account, whose number is given in the order confirmation (for orders in euro, to the Seller's EUR currency account); the order number must be given in the transfer title;
   • eRaty Santander: instalment sale (Santander Consumer Bank S.A.);
   • LeaseLink: leasing for Entrepreneurs.

   The methods available for a given order, including depending on the currency and the country of delivery, are shown in the order summary.

2. Instalment payments and leasing are made under a separate contract concluded directly with the financing institution. With LeaseLink leasing, the Seller starts fulfilling the order after receiving a positive decision from the lessor.
3. Payment is due within the period stated in the order confirmation; for a traditional bank transfer, within 3 working days of the conclusion of the contract, unless the parties agree otherwise.
4. A sales document is issued for each order and, on request, a VAT invoice. A Buyer purchasing Goods for business purposes gives their tax number when placing the order. Invoices are delivered electronically; on request, on paper.

§ 10. Delivery, collection in person and inspection of the parcel

1. Delivery is made within the Republic of Poland and to other countries listed in the order form. The delivery cost depends on the country, postcode, weight and shipping method (parcel or pallet) and is shown in the cart before the order is placed, in the currency of the order. For deliveries to European Union countries the price includes VAT at the Polish rate, and a Buyer registered for VAT in another EU country pays the price without VAT once their EU VAT number has been positively verified (intra-Community supply of goods). For deliveries to countries outside the European Union the price does not include VAT (export of goods); customs duties, taxes and charges in the recipient's country are borne by the Buyer.
2. Shipping on quotation. For islands and remote territories, shipments heavier than 300 kg or higher than 170 cm, orders requiring more than one pallet and countries for which the cart does not show a price, the Seller gives the delivery cost by e-mail within 1 working day of the order being placed. The contract is concluded when the Buyer accepts this cost. Until acceptance the Buyer makes no payment, and if the cost is not accepted the order is cancelled at no cost.
3. Parcels are delivered by a courier company (including DPD). Heavy and bulky equipment is shipped as a pallet shipment by freight forwarders (including Raben), also through GlobKurier.pl. A pallet shipment is delivered by a truck with a tail lift to a place accessible to a lorry, without carrying the goods inside, also to Buyers who are not businesses and outside Poland; the recipient ensures that the goods can be unloaded.
4. Technical gas cylinders are shipped directly by the manufacturer, free of delivery charges and only within Poland.
5. Collection in person is possible at the Seller's premises in Krotoszyn, ul. Akacjowa 15, after arranging a date, also for orders from other countries; collection in person is free of charge. An Entrepreneur from another European Union country who collects the Goods in person receives an invoice with Polish VAT, corrected to the 0% rate once proof that the Goods have been taken out of Poland is provided.
6. Delivery times:
   • Goods in stock are shipped within 2 working days (parcel) or 2 to 3 working days (pallet) of the payment being booked;
   • Goods to order are shipped within 1 to 4 weeks, depending on the manufacturer; the estimated time is given in the product listing. If the time is extended, the Seller promptly informs the Buyer, who may keep the order or withdraw and receive a refund;
   • delivery abroad usually takes 2 to 10 working days from dispatch, depending on the country; the expected time is shown in the cart;
   • unless the product listing states a different time, the Goods are delivered to a Consumer no later than 30 days after the contract is concluded (Article 543(1) KC).
7. Transfer of risk. For Consumers and EwCR, the risk of accidental loss of or damage to the Goods passes when the Goods are handed over (Article 548 § 3 KC).
8. Inspection of the parcel (recommendation). We recommend checking the condition of the parcel on receipt in the presence of the courier and, if it is damaged, drawing up a damage report and informing the Seller. This speeds up handling of the matter and claims against the carrier.
9. Inspecting the parcel is only a recommendation. Failure to do so does not deprive a Consumer or EwCR of their rights in respect of non-conformity of the Goods with the contract, the right of withdrawal or warranty rights, and is not a condition for a complaint to be considered.
10. An Entrepreneur is obliged to examine the parcel at the time and in the manner customary for shipments of that kind (Article 545 § 2 KC). In transactions with an Entrepreneur, delivery takes place when the Goods are handed to the carrier (Article 544 KC).

§ 11. Conformity of the Goods with the contract, complaints (Consumers and EwCR)

1. This section applies to Consumers and Entrepreneurs with consumer rights. The basis of liability is Chapter 5a UPK (Articles 43a, 43g). The Civil Code provisions on statutory warranty (rękojmia) do not apply. This liability cannot be excluded or limited (Article 7 UPK).
2. The Seller is liable for any lack of conformity of the Goods with the contract that exists at the time of delivery and becomes apparent within two years of that time. This applies equally to new and used Goods.
3. A lack of conformity that becomes apparent within two years is presumed to have existed at the time of delivery (Article 43c(1) UPK).
4. The Seller is not liable for a deviation concerning a specific feature of the Goods of which the Buyer was clearly informed and which the Buyer expressly and separately accepted (Article 43b(4) UPK).
5. The Buyer may demand repair or replacement. The Seller may choose the other method if the one chosen by the Buyer is impossible or would require excessive costs (Article 43d UPK).
6. Repair or replacement takes place within a reasonable time and without undue inconvenience. The costs of repair or replacement, including postage, transport, labour and materials, are borne by the Seller, who collects the Goods at its own expense; for bulky equipment by a pallet shipment ordered and paid for by the Seller.
7. The Buyer may declare a price reduction or withdrawal from the contract in the cases set out in Article 43e(1) UPK, where the Seller has refused to bring the Goods into conformity, has not brought them into conformity, the lack of conformity persists, is significant, or it is clear from the circumstances that the Seller will not remedy it within a reasonable time.
8. The reduced price must be in the same proportion to the contract price as the value of the non-conforming Goods is to the value of Goods that conform with the contract. The refund is made within 14 days of receipt of the declaration.
9. Withdrawal is excluded if the lack of conformity is insignificant; it is presumed to be significant. After withdrawal the Buyer returns the Goods at the Seller's expense, and the Seller refunds the price within 14 days of receiving the Goods or proof of their return.
10. The Buyer may withhold payment of the price until the obligations under paragraphs 5 to 9 have been performed.
11. Submitting a complaint: by e-mail to serwis@spawlab.pl, in writing to the Seller's address or in person. We recommend giving the Buyer's details, the description of the Goods and the order number, a description and the date the lack of conformity was found, and the demand. The absence of a receipt or invoice does not prevent a complaint from being considered.
12. The Seller responds to a complaint within 14 days on paper or another Durable medium. Failure to respond within this period means that the complaint is accepted (Article 7a UPK).

§ 12. Statutory warranty in transactions with Entrepreneurs (B2B)

1. This section applies only to Entrepreneurs; it does not apply to Consumers or EwCR.
2. Liability under the statutory warranty for defects (rękojmia) of new and used Goods in contracts with Entrepreneurs is fully excluded (Article 558 § 1 KC).
3. The exclusion is ineffective if the Seller fraudulently concealed the defect (Article 558 § 2 KC).
4. An Entrepreneur may exercise the rights under the warranty of the manufacturer, importer or distributor (§ 13).
5. The Seller's liability for damages towards an Entrepreneur, except for damage caused intentionally, is limited to the price paid for the Goods and covers only actual loss, excluding lost profits.

§ 13. Warranty

1. New Goods are covered by the warranty of the manufacturer, importer or distributor. The period and conditions are set out in the warranty document or the product description; the warranty card is enclosed with the Goods or made available with them.
2. The Seller acts as intermediary and helps with exercising warranty rights. Claims can be sent directly to the guarantor, to the designated service centre or through the Seller.
3. Used Goods are sold without a warranty, unless the description states otherwise.
4. Warranty rights are independent of statutory rights. The warranty does not exclude, limit or suspend the rights of Consumers and EwCR in respect of non-conformity of the Goods with the contract (§ 11). The choice lies with the Buyer.

§ 14. Right to withdraw from a distance contract

1. A Consumer or EwCR may withdraw from the contract within 14 days without giving any reason and without incurring costs, except for the costs referred to in paragraphs 6 and 8 (Article 27 et seq. UPK).
2. The period runs from the day on which the Buyer, or a third party indicated by the Buyer other than the carrier, takes possession of the Goods and, for delivery in instalments, from taking possession of the last part.
3. Withdrawal is made by an unequivocal statement, by e-mail to kontakt@spawlab.pl, in writing to the Seller's address or using the form in Annex 1 (optional). It is sufficient to send the statement before the period expires. The Seller promptly confirms its receipt on a Durable medium.
4. The Seller refunds all payments, including the cost of delivering the Goods (except for additional costs resulting from choosing a more expensive delivery method than the cheapest one offered), within 14 days of receiving the statement, using the same means of payment, unless the Buyer expressly agrees to another means that involves no costs for them.
5. The Seller may withhold the refund until it has received the Goods back or proof of their return, whichever comes first.
6. The Buyer returns the Goods within 14 days of withdrawal to: ul. Akacjowa 15, 63-700 Krotoszyn, Poland. The Buyer bears the direct cost of the return. Bulky Goods shipped on a pallet cannot be returned by ordinary post; the estimated cost of returning them is 150 to 400 PLN within Poland and 600 to 1,500 PLN from other European Union countries, depending on size and distance.
7. The Buyer may use the Goods to the extent necessary to establish their nature, characteristics and functioning, as in a physical shop. A return does not depend on keeping the original packaging; please return the Goods complete and protected for transport.
8. The Buyer is liable only for any reduction in the value of the Goods resulting from use beyond what is necessary to establish their nature, characteristics and functioning (Article 34(4) UPK).
9. The right of withdrawal does not apply in the cases set out in Article 38(1) UPK. The Seller applies the exception for Goods that are not prefabricated, made to the Buyer's specifications or intended to meet the Buyer's individual needs (Article 38(1)(3) UPK) only to orders in which such a configuration was agreed and confirmed in writing or by e-mail before fulfilment (equipment in a non-standard configuration, cables cut to length); merely putting together a set from catalogue items does not remove the right of withdrawal. The exception also covers Goods in sealed packaging that cannot be returned after opening for hygiene reasons, and a service performed in full with the express consent of a Buyer informed of the loss of the right of withdrawal. Standard Goods from the manufacturer's range brought in to order are not Goods made to the Buyer's specifications and may be returned on general terms.
10. The right of withdrawal does not apply to Entrepreneurs other than EwCR.

§ 15. Out-of-court complaint and redress procedures (Consumers)

1. Using out-of-court methods of handling complaints and pursuing claims is voluntary and available only to Consumers. The following provisions are for information.
2. A Consumer may apply to the provincial inspector of the Trade Inspection (Inspekcja Handlowa) for an out-of-court settlement of the dispute, to the permanent consumer arbitration court at the provincial inspector of the Trade Inspection, use the free assistance of the district (municipal) consumer ombudsman or a social organisation for consumer protection, and the consumer helpline: +48 801 440 220 or +48 22 290 89 16 (charged according to your operator's rates).
3. The list of entities authorised to settle disputes out of court and the rules of access to these procedures are kept by the President of UOKiK (the Polish Office of Competition and Consumer Protection); information is available at www.uokik.gov.pl.
4. If the dispute has not been resolved after the complaint, the Seller gives the Consumer, on a Durable medium, a statement agreeing or refusing to take part in out-of-court proceedings.
5. The above does not limit the Consumer's right to pursue claims before the common courts.

§ 16. Protection of personal data

1. The controller of the Buyers' personal data is the Seller.
2. The rules of data processing, the purposes and legal bases, the recipients, the storage periods and the rights of data subjects are set out in the Privacy policy available in the Shop.
3. Providing data is voluntary, but to the extent necessary for concluding and performing the contract it is required for its fulfilment.

§ 17. Changes to the Terms and Conditions

1. The Seller may change these Terms and Conditions only for important reasons: a change in the law or its interpretation, a change in payment or delivery conditions, a change in the Seller's details, a change in the scope of electronic services, the removal of ambiguities or errors, or the prevention of abuse.
2. The Seller announces a change by publishing the new version in the Shop at least 14 days in advance and, for Buyers with an account, additionally by e-mail.
3. Contracts concluded and orders placed before a change comes into force are governed by the previous Terms and Conditions. A change does not affect acquired rights.

§ 18. Final provisions

1. The governing law is Polish law; this choice does not deprive a Consumer of the protection afforded by provisions that cannot be excluded by agreement under the law of the country of their habitual residence.
2. Disputes with Consumers and EwCR are heard by the court competent under the Code of Civil Procedure. Disputes with Entrepreneurs are heard by the court having local jurisdiction over the Seller's registered office.
3. The invalidity of individual provisions does not affect the validity of the remaining provisions.
4. Matters not covered here are governed by Polish law, in particular the Civil Code, the Consumer Rights Act and the Act on the Provision of Electronic Services.
5. Annex 1 forms an integral part of these Terms and Conditions.
6. These Terms and Conditions in this wording are in force from [effective date to be completed] Previous versions are available from the Seller on request.

Annex 1, Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract; using it is not mandatory)

To:
Spawlab Jarosław Kołaski
ul. Akacjowa 15, 63-700 Krotoszyn, Poland
e-mail: kontakt@spawlab.pl
tel.: +48 669 162 833

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods / for the provision of the following service:

..............................

Date of conclusion of the contract / receipt: .............

Name of consumer(s): .............

Address of consumer(s): .............

Signature (only if this form is sent on paper): .............

Date: .............

Additional details, optional (they speed up the return):

• order or invoice number: .............
• e-mail or telephone for contact: .............
• bank account number for the refund, if payment was made cash on delivery or you agree to a refund by bank transfer: .............

Entrepreneurs with consumer rights may also use this form. We refund payments using the same method that was used for the purchase, unless you expressly agree to another solution; this involves no costs for you.