Terms and Conditions

1. These Terms and Conditions (hereinafter: the “Regulations”) define the conditions for using the online store at https://steelwave.pl/ (hereinafter: the “Store”), placing Orders, the rights and obligations of Customers, and the Seller’s liability principles.
2. Before creating a Customer Account and placing an Order for Products, Customers are obliged to read and accept the content of these Regulations.
3. These Regulations are addressed to both Consumers and Entrepreneurs.
4. Information presented in the Store and in the Newsletter constitutes an invitation to enter into a contract in the understanding of Article 71 of the Civil Code, addressed by the Seller to Customers, and not an offer.
5. The Regulations are available free of charge on the Store’s website at https://steelwave.pl/.
II. DEFINITIONS
1. Price – the gross amount (including tax) specified in Polish zlotys or another currency, due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The Price does not include delivery costs and other services selected by the Customer.
2. Password – an alphanumeric string of characters necessary for authorization when accessing the Account, specified by the Customer when creating the Account.
3. Customer – an entity purchasing Product(s) via the Store, concluding a Sales Agreement, who has full legal capacity.
4. Consumer – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity.
5. Account – an individual Customer account enabling full use of the Store’s functionalities, including tracking the history of placed Orders, and saving the Customer’s address and contact details.
6. Shopping Cart – an electronic service available to the Customer within the Store, enabling easy placement of an Order for a selected quantity of Products, presenting a summary of the Price of individual Products and the total Price for all Products, as well as the total value of the Order.
7. Login – the Customer’s email address provided within the Store when creating an Account.
8. Newsletter – an electronic service enabling the Customer to receive commercial information from the Seller, in particular about Products, the Store, including news and current promotions, to the email address provided by the Customer, based on granted consent.
9. Privacy Policy – a document defining how personal data, including Customer data, is processed by the Seller.
10. Entrepreneur – a Customer, not being a Consumer, who concludes a Sales Agreement with the Seller for a purpose directly or indirectly related to their business or professional activity.
11. Product – a movable item available in the Store’s offer that is the subject of a Sales Agreement between the Customer and the Seller, for payment of the Price.
12. Seller – Steel Wave spółka z ograniczoną odpowiedzialnością with its registered office in Poznań (60-791), ul. Władysława Reymonta 29 /2, registered in the register of entrepreneurs of the National Court Register under KRS number: 0001025600, whose registration files are kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, using Tax Identification Number (NIP): 7792552580, Statistical Number (REGON): 52476033700000, with a share capital of PLN 5,000.00, email: contact@steelwave.pl, phone: +48 609 334 243.
13. Sales Agreement – a sales agreement concerning the sale of a Product by the Seller to the Customer for payment of the Price plus delivery costs. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order under the terms specified in the Regulations.
14. Order – a declaration of will submitted by the Customer, particularly in electronic form, specifying the selected Product or Products for which the Customer makes an offer to conclude a Sales Agreement with the Seller, and also containing the Customer’s data necessary for the conclusion and performance of the Sales Agreement.
III. TECHNICAL REQUIREMENTS
1. To use the Store, the following are necessary:
a. having a computer or other device with Internet access,
b. a web browser in its current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge,
c. enabling cookies and JavaScript support in the web browser,
d. having an active email account, in order to create a Customer Account, receive the Newsletter, or place an Order.
2. Customers bear the costs of data transmission required to use the Store themselves, based on agreements concluded with telecommunications operators or internet service providers.
3. The Seller reserves the right to temporarily suspend access to the Store in whole or in part of its functionalities, including for the purpose of carrying out necessary service and maintenance activities
IV. ELECTRONIC SERVICES
1. The Seller provides the following electronic services to Customers free of charge via the Store:
a. Account management,
b. storing and providing the Customer with the Order history via the Account,
c. enabling Customers to place Orders and conclude Sales Agreements,
d. enabling the use of the Shopping Cart,
e. enabling Browse of content placed within the Store,
f. Newsletter.
2. Creating an Account, using the Store, and concluding Sales Agreements via it are possible provided that the Customer’s end device meets the technical requirements. In case of any non-compliance of electronic service provision with the Regulations, the Customer is obliged to cooperate with the Seller to a reasonable extent to determine whether the non-compliance of electronic services with the Regulations results from the characteristics of the Customer’s digital environment.
3. Using the Shopping Cart begins when the Customer adds the first Product to the Shopping Cart. The Shopping Cart is a one-time service, provided free of charge, and terminates when the Customer places or ceases to place an Order through it.
4. To start the Newsletter service, the Customer is required to consent to receive commercial information by providing their email address in the appropriate field on the Store’s website.
V. REGISTRATION AND ACCOUNT MANAGEMENT
1. The Customer gains access to the Account using their Login and associated Password. The Customer logs into their Account after registering in the Store.
2. Account creation takes place by: filling out the registration form, including providing the Customer’s email address and setting a Password, and submitting the declarations indicated in the form. After successful registration, a confirmation message will be sent to the provided email address confirming the creation of the Account.
3. Only adults with full legal capacity may register an Account. A Customer who is a natural person with limited legal capacity is obliged to obtain appropriate consent from their legal representative to conclude the agreement and present such consent to the Seller.
4. Each Customer, by creating an Account, declares that:
a. the data provided is complete, true, and consistent with the actual state,
b. they are authorized to conclude an agreement for the provision of electronic services and Sales Agreements,
c. the data provided by them does not infringe any third-party rights.
5. Completing Account registration means the Customer concludes an agreement with the Seller for the provision of an electronic service consisting of access to the Account. The agreement is concluded for an indefinite period. Termination of the agreement occurs by deleting the Account. To delete the Account, you should contact the Seller. Deleting the Account does not involve the obligation to pay any fees. Deleting the Account does not affect the fulfillment of concluded Sales Agreements.
6. The Customer is obliged not to disclose their Account Login and Password to unauthorized persons. The Customer should also change their Password whenever they have a reasonable suspicion that it has been disclosed to an unauthorized person.
7. The Seller has the right to delete or block an Account in the following cases:
a. unauthorized use of another person’s data by the Customer,
b. violation of the Regulations by the Customer,
c. violation of the law by the Customer, including third-party rights.
8. Blocking an Account means immediate termination of the agreement with the Customer for the provision of electronic services.
VI. CONCLUSION OF SALET AGREEMENTS
1. The Seller enables Customers to place Orders on the Store’s website.
2. A Customer can place Orders without the need to create an Account.
3. The Customer places an Order in the Store by following these steps:
a. adding selected Products to the Shopping Cart and proceeding to the Order form to fill in detailed data,
b. filling in the Order form with the data required for the conclusion and execution of the Sales Agreement or logging into the Account. Providing a correct NIP (Tax Identification Number) if the Customer wishes to receive a VAT invoice; otherwise, a VAT invoice cannot be issued by the Seller;
c. selecting the payment method and delivery method;
d. accepting the Regulations with the Order summary;
e. sending the Order by the Customer to the Seller using the appropriate button “Order with obligation to pay”;
f. in the case of payment via an external payment service provider, the Customer may be redirected to their website to make the payment.
4. In response to the received Order, the Seller sends an email to the Customer confirming receipt of the Order and the start of its verification. After verifying the Order, the Seller sends an email to the Customer with: a. confirmation of acceptance of one or more individual offers made within the Order, or b. information about the inability to accept all of the Customer’s offers, for valid reasons such as lack of Product availability, lack of payment for the Order, or the Customer’s violation of the Regulations.
5. The Sales Agreement is concluded when the Customer receives an email confirming acceptance of the Order for processing.
6. The total value of the Order includes the Price and delivery costs. The Customer is informed of the total value of the Order during the order placement process, including at the moment the Customer expresses their will to be bound by the Sales Agreement.
7. Promotions are not cumulative, unless the terms of currently applicable promotions state otherwise.
VII. DELIVERIES
1. Products are delivered exclusively within the territory of Europe.
2. Available Product delivery methods are presented to the Customer on the Store’s website when the Customer places an Order.
3. Product delivery to the Customer is paid.
4. The delivery time should not exceed 6 weeks, unless a longer period is specified in the description of a given Product or during order placement. The total time for delivering the Product to the Customer consists of the time the Seller takes to prepare the Order for shipment and the time the carrier takes to deliver the Product. The delivery time is counted from the date of crediting the Seller’s bank account or settlement account (in case of bank transfer, electronic payment, or credit card payment). If an Order is placed for several Products with different delivery times, the longest specified delivery time applies.
5. The time of Product delivery by the carrier depends on the delivery method chosen by the Customer.
6. In the case of concluding a Sales Agreement with personal pickup from the Seller, the Customer will be informed via email about the possibility of picking up the Products. Products can be picked up during the Seller’s headquarters opening hours within the period specified in the email regarding Product pickup availability. The period is counted from the moment the aforementioned email is sent. The pickup period for Products will not be shorter than 5 business days. Products will be released to the Customer upon providing the Order number and the Customer’s name and surname indicated in the Order.
7. If the Customer does not pick up a Product, other than a custom-made Product, within the period indicated in paragraph 6 above, the Sales Agreement is terminated, of which the Customer will be informed via an email sent to the Customer’s email address provided at the time of order placement. The Customer will receive a refund of payments made in connection with the terminated Sales Agreement. This point does not apply to Sales Agreements whose subject is a custom-made Product, manufactured according to the Customer’s specifications (data/parameters provided by the Customer).
VIII. PAYMENTS
1. The Seller provides the Customer with various upfront payment methods for the Sales Agreement. Available payment methods are presented to the Customer on the Store’s website when placing an Order. These include, in particular: bank transfers, electronic payments (including card payments), and deferred payments.
2. Available payment methods may depend on the delivery method or Product chosen by the Customer.
3. Settlements of electronic payment transactions are carried out according to the Customer’s choice via authorized external payment service providers.
4. If the Seller does not receive payment from the Customer, the Seller may contact them to remind them of the payment, including by sending an email. Failure by the Customer to make payment within the deadlines specified by the operator of the payment method chosen by the Customer will result in the non-acceptance of the offer placed by the Customer within the Order.
5. The Customer authorizes the Seller to issue invoices without the recipient’s signature and agrees to their electronic transmission, including making them available.
IX. COMPLAINTS
1. Complaints regarding the functioning of the Website and electronic services can be directed to the email address: contact@steelwave.pl.
2. Complaints related to a purchased Product can be submitted, in particular, in writing to the Seller’s registered office address or by email to: contact@steelwave.pl.
3. A complaint notification should contain data enabling effective informing of the complainant about the method of handling the complaint, as well as the reason for the complaint and its subject. For this purpose, the complainant should indicate their identification data and delivery address (correspondence or electronic) in the complaint.
4. All complaints are processed within 14 days from the date of receipt of a complete complaint notification. If the Seller does not respond to a Consumer’s complaint within 14 days, the complaint is deemed to have been accepted.
X. LIABILITY
1. The Seller is obliged to deliver to the Customer a Product consistent with the concluded Sales Agreement.
2. The basis and scope of the Seller’s liability to the Consumer, if the Product is inconsistent with the Sales Agreement, are defined in the provisions of the Consumer Rights Act.
3. The Seller does not provide additional warranties for Products.
4. The Consumer cannot withdraw from the Sales Agreement if the inconsistency of the Product with the Sales Agreement is minor.
5. The Seller’s liability under warranty is excluded for Entrepreneurs.
6. Upon the Seller handing over the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Entrepreneur.
7. The Seller, as well as its employees and collaborators, are not liable to the Entrepreneur for any indirect damages, including loss of profits, including those arising from tort, with the exclusion of cases excluded by law. In the event of establishing the liability of the Seller, its employees or collaborators, this liability in relation to the Entrepreneur, regardless of its legal basis, is limited to the total amount of the paid Price and delivery costs from the last Sales Agreement, regardless of the number of claims.
8. All disputes arising between the Seller and the Entrepreneur shall be submitted for resolution to the court competent for the Seller’s registered office.
9. The Seller is not liable for:
a. loss of access data to the Account by the Customer, caused by external factors or circumstances beyond the Seller’s control,
b. providing untrue or incomplete information by the Customer during Account registration or order placement,
c. the functioning of the Customer’s email servers and IT connections used by the Customer.
10. When using the Store’s Website, it is prohibited to:
a. provide illegal content by Customers that violates the law or good customs,
b. undertake any activity that could negatively affect the proper functioning of the Store, including, in particular, interfering with its content or technical elements,
c. use the Store for purposes contrary to its intended use, including sending unwanted messages, and conducting any activity prohibited by generally applicable law.
11. The provisions of point X, paragraphs 5-8 of the Regulations do not apply to Entrepreneurs, with the exception of Entrepreneurs who are natural persons entering into a Sales Agreement directly related to their business activity, when the content of this agreement indicates that it is not of a professional nature for these persons, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
XI. STATUORT RIGHT TO WITHDRAW FROM THE AGREEMENT
1. A Consumer who has concluded a distance Sales Agreement may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days from the day the Consumer or a third party indicated by them other than the carrier takes possession of the Product, and in the case of a Sales Agreement covering many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch, or part.
2. To meet the withdrawal deadline, it is sufficient for the Consumer to submit a statement to the Seller before its expiry. The Consumer may submit any unambiguous statement in which they inform about their withdrawal from the Sales Agreement concluded with the Seller remotely. The statement of withdrawal from a distance contract may be submitted, for example, in writing to the Seller’s registered office address or in the form of an email to contact@steelwave.pl. The Consumer may use the model withdrawal form, which is Appendix No. 2 to the Act of May 30, 2014, on consumer rights, but it is not obligatory.
3. The Consumer is obliged to immediately, no later than 14 days from the day on which they withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect the Product themselves. The Consumer covers all direct costs of returning the Product due to withdrawal from the contract, i.e., in particular, the costs of packaging, securing, and sending the Product. The amount of these costs is estimated to be a maximum of approximately 30 PLN. To meet the deadline, it is sufficient to send the Product back before its expiry to the address: Długosza 19, 64-920 Piła.
4. The Seller is obliged to immediately, no later than 14 days from the day of receiving the Consumer’s statement of withdrawal from the agreement, return all payments made by the Consumer, including the costs of Product delivery (with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method available in the Store). If the Consumer chose a Product delivery method other than the cheapest ordinary delivery method available in the Store, the Seller is not obliged to reimburse the Consumer for additional costs incurred by them exceeding the cost of the cheapest ordinary delivery method.
5. The Seller shall refund payments using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not involve any costs for them. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the Product back or until the Consumer provides proof of its return, whichever occurs first.
6. The Consumer is responsible for any diminished value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
7. The Consumer cannot withdraw from a distance Sales Agreement concluded with the Seller where the subject of the service is a custom-made Product – non-prefabricated, manufactured according to the Consumer’s specifications, or serving to satisfy their individualized needs, which involve personalizing the Product according to dimensions or parameters provided by the Consumer. The right of withdrawal also does not apply in cases referred to in Article 38 of the Act of May 30, 2014, on consumer rights.
8. The provisions of this Point XI of the Regulations also apply to Entrepreneurs who are natural persons entering into a Sales Agreement directly related to their business activity, when the content of this agreement indicates that it is not of a professional nature for these persons, resulting in particular from the subject of their business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
XII. OUT-OF-COURT COMPLAINT RESOLUTION AND CONSUMER CLAIM ENFORCEMENT
1. The use of out-of-court methods for resolving complaints and enforcing claims by Consumers is voluntary.
2. Detailed information regarding the Consumer’s possibility to use out-of-court methods of complaint resolution and claim enforcement, as well as the rules for accessing these procedures, may be available at the offices and on the websites of municipal/county consumer ombudsmen, social organizations whose statutory tasks include consumer protection, or Voivodeship Inspectorates of Trade Inspection.
3. The Consumer has the following exemplary possibilities to use out-of-court methods of complaint resolution and claim enforcement: a. permanent amicable consumer courts, b. voivodeship inspector of the Trade Inspection, c. municipal/county consumer ombudsman, d. a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation), e. the ODR online platform: https://ec.europa.eu/consumers/odr/.
XIII. FINAL PROVISIONS
1. The rules for processing personal data and protecting customer privacy are defined in the Privacy Policy document.
2. All rights to content placed within the Store by the Seller or persons authorized by them, in particular graphic elements, logotypes, and names, are subject to legal protection and belong to the Seller or entities cooperating with the Seller. The Customer is entitled to use the content in accordance with applicable law, only to the extent necessary for proper use of the Store.
3. The Seller reserves the right to amend these Regulations to the extent resulting from at least one of the following important reasons:
a. changes in legal provisions or the issuance of a decision by an authorized body requiring an appropriate amendment to the Regulations – to the extent necessary,
b. the need to ensure the safe functioning of the Website and prevent abuse – to the extent necessary,
c. the need to protect the legitimate interests of Customers – to the extent necessary,
d. the introduction of new or expansion of existing functionalities of the Store and modification of their operation – to the extent necessary,
e. the possibility of offering Customers more favorable terms of use of the Store,
f. changes in the technical conditions for the provision of electronic services,
g. the need to remove ambiguities, errors, or typos that may occur in the Regulations,
h. changes in contact details, names, identification numbers, electronic addresses, or links contained in the Regulations,
i. changes in the contract conclusion process.
4. The Customer will be informed of any change to the Regulations before the effective date of the change via email. Changes to the Regulations do not affect Sales Agreements concluded by the Customer and the Seller before the change to the Regulations.
5. If any provision of the Regulations proves to be invalid in whole or in part, the remaining provisions remain in force.
6. In matters not regulated by these Regulations, Polish law shall apply, in particular the Civil Code and the Consumer Rights Act.
7. These Regulations are effective from April 15, 2024.