Terms of service

Terms and Conditions – WCEHealth

§ 1
GENERAL PROVISIONS

  1. The online shop www.wcehealth.de (hereinafter “Shop”) operates its sales on the basis of these Terms and Conditions (hereinafter “T&C”).

  2. The T&C govern the terms for entering into and terminating purchase contracts for products, as well as the complaints procedure. They define the types and scope of electronic services offered by the Shop, the conditions under which those services are provided, and the requirements for entering into and terminating contracts for electronic services.

  3. Anyone who uses the Shop’s electronic services is obliged to comply with the provisions of these T&C.

  4. The law applicable to these T&C and to contracts concluded via the online shop www.wcehealth.de is Polish law, since the Seller’s registered office is in Poland. For consumers residing in another EU Member State, this choice of law does not limit the protections afforded by the laws of their country of residence to the extent those protections cannot be waived by contract. A customer who wishes to assert rights under the law of their country of residence may do so.

  5. The provider and seller is WORLD CLASS ENGINEERING TEAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered in the Commercial Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register (KRS) under KRS number 0000765847, share capital: PLN 5,000.00, registered office and address: ul. Kłodnicka 97/312, 41-706 Ruda Śląska, Poland, VAT ID: 6412545806, REGON: 382268979, E-mail: krzysztof@wcehealth.de, telephone: +48 881 500 607.

  6. For matters not regulated by these T&C, the following legal provisions apply:

    6.1. The Act on the Provision of Electronic Services of 18 July 2002;

    6.2. The Consumer Rights Act of 30 May 2014;

    6.3. The Act on Out-of-Court Settlement of Consumer Disputes of 23 September 2016;

    6.4. The Civil Code of 23 April 1964;

    6.5. Other relevant provisions of Polish law.

§ 2
DEFINITIONS IN THE T&C

  1. T&C – These Terms and Conditions of the Shop.

  2. SHOP – The online shop of the Provider at www.wcehealth.de.

  3. ELECTRONIC SERVICE – A service provided electronically by the Provider to the benefit of the Customer via the Shop.

  4. REGISTRATION FORM – A form on the website www.wcehealth.de that allows creation of an account.

  5. ACCOUNT – A user account maintained in the Provider’s IT system under a unique username (login) and password, where the Customer’s data, including order information, are stored.

  6. ORDER FORM – A form on the website www.wcehealth.de that enables placing an order.

  7. REVIEW SYSTEM – An electronic service that enables customers to submit reviews of products.

  8. SELLER, PROVIDER – WORLD CLASS ENGINEERING TEAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered in the Commercial Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number 0000765847, share capital: PLN 5,000.00, address: ul. Kłodnicka 97/312, 41-706 Ruda Śląska, Poland, VAT ID: 6412545806, REGON: 382268979, E-mail: krzysztof@wcehealth.de, telephone: +48 881 500 607.

  9. CUSTOMER – A recipient of services who intends to conclude a purchase contract with the Seller or who has already concluded such a contract.

  10. CONSUMER – A natural person who enters into a legal transaction with an entrepreneur that is not directly related to their trade or profession.

  11. ENTREPRENEUR – A natural or legal person, or an organizational unit without legal personality, to which legal capacity is granted, and which conducts business or professional activity on its own behalf.

  12. PRODUCT – A movable good or service offered in the Shop that is the subject of a purchase contract between the Customer and the Seller.

  13. PURCHASE CONTRACT – The contract concluded between the Customer and the Seller via the Shop for a product.

  14. ORDER – The Customer’s declaration of intent, which constitutes an offer to conclude a purchase contract for a product.

  15. PRICE – The monetary amount the Customer must pay the Seller for the product.

§ 3
PRODUCT INFORMATION AND ORDERING

  1. The Shop www.wcehealth.de sells products over the Internet.

  2. All products offered in the Shop are new, conform to contract, and have been properly introduced to the Polish market.

  3. The information displayed on the Shop’s website does not constitute a legally binding offer. By placing an order, the Customer submits a binding offer to purchase the specified product under the terms stated in the product description.

  4. The prices of products listed on the Shop’s website are quoted in euros (EUR) and include all components, including value-added tax (VAT). Shipping costs are not included in the product price.

  5. The product price shown on the Shop’s website is binding at the time the Customer places the order. That price does not change, even if prices of individual products in the Shop change after the order has been submitted.

  6. The Seller clearly informs Customers of unit prices as well as special offers and discounts. Alongside information about a price reduction, the Seller indicates the lowest price at which the product was sold during the 30 days before the introduction of the price reduction. If the product has been offered for less than 30 days, the lowest price since the start of sales until the time of the price reduction is shown.

  7. Orders can be placed via the website using the Order Form (Shop www.wcehealth.de) around the clock throughout the year.

  8. The Customer is not required to register an account in the Shop in order to place an order.

  9. To place an order in the Shop, the Customer must read and accept these T&C at the time of placing the order.

  10. The Shop processes orders received from Monday to Friday during business hours (i.e., from … to … on business days). Orders that arrive on business days after …, on Saturdays, Sundays, or public holidays are processed on the next business day.

  11. Promotional products (special offers) are available in limited quantities. Orders for these are fulfilled in the order they are received, until stock is depleted.

§ 4
CONCLUSION OF A PURCHASE CONTRACT

  1. To conclude a purchase contract, the Customer must first place an order in the manner described in § 3 items 7 and 9.

  2. After placing an order, the Seller confirms receipt of the order without undue delay.

  3. The confirmation of receipt of the order as described in item 2 of this provision binds the Customer to that order. The order confirmation is sent by e-mail.

  4. The order confirmation includes:

    4.1. Confirmation of all essential elements of the order;

    4.2. A withdrawal form;

    4.3. These T&C, including instructions on the right of withdrawal.

  5. Upon receipt of the confirmation e-mail pursuant to item 4, the purchase contract between the Customer and the Seller is concluded.

  6. Each purchase contract is confirmed by a purchase document (invoice including VAT) that is attached to the product and/or sent by e-mail to the address provided in the order form.

§ 5
METHOD OF PAYMENT

  1. The Seller enables payment via an electronic payment system (e.g., PayPal.com, Shopify.com).

  2. When paying via the electronic payment system, the Customer makes the payment before the order is executed. The electronic payment system allows payment by credit card or instant transfer from selected Polish and foreign banks.

  3. The Customer is obligated to pay the purchase price immediately after conclusion of the contract, unless otherwise agreed in the purchase contract.

  4. If the payment method described in item 1 is chosen, the product is shipped only after payment has been received.

§ 6
SHIPPING COSTS, DELIVERY TIME, AND SHIPPING METHODS

  1. Shipping costs for the product, which are borne by the Customer, are determined during the order process and depend on the chosen payment and shipping method.

  2. The delivery time for the product consists of:

    2.1. The processing time for the product, which is up to one business day from the moment of positive authorization of the transaction by the electronic payment system;

    2.2. Delivery of the product as a movable good by the courier service, which takes place within the period specified by the courier service, i.e., within two to four business days after dispatch (delivery is made only on business days, excluding Saturdays, Sundays, and public holidays).

  3. Products purchased in the Shop are shipped via courier service.

§ 7
PRODUCT COMPLAINT
Liability of the Seller for non-performance or defectiveness of the product

  1. The basis and scope of the Seller’s liability toward a Customer who is a consumer or a person referred to in § 10 for defects of the product at the time of contract conclusion are governed by the Consumer Rights Act of 30 May 2014.

  2. The basis and scope of the Seller’s liability toward a Customer who is an entrepreneur are governed by the Civil Code of 23 April 1964 under statutory warranty (rękojmia).

  3. The Seller is liable to a Customer who is a consumer or a person referred to in § 10 for defects of the product that already existed at the time of handover and become apparent within two years after handover, unless a longer durability period for the product has been specified by the Seller or their agent. Products that have spoiled due to expiration of the best-before date or due to improper storage by the Customer do not constitute a defect.

  4. Notifications of non-conformity of the product with the contract and corresponding defect claims may be sent by e-mail to natalia@wcehealth.de or in writing to: ul. Kłodnicka 97/312, 41-706 Ruda Śląska, Silesian Voivodeship, Poland.

  5. The written or electronic notification should include as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of discovery of the defect, as well as contact details. These details significantly facilitate and expedite the Seller’s handling of the complaint.

  6. To verify a defect and non-conformity of the product with the contract, the consumer or person referred to in § 10 is obliged to make the product available to the Seller, and the Seller is obliged to collect it at their own expense.

  7. The Seller will respond to the Customer’s claim without undue delay, but no later than within 14 days after receipt.

  8. If a complaint from a Customer who is a consumer or a person referred to in § 10 is not processed within 14 days after submission, it is deemed to be accepted.

  9. A Customer who is a consumer or a person referred to in § 10 may first demand repair or replacement delivery of the product. A price reduction or withdrawal from the contract may only be demanded in the cases specified by the Consumer Rights Act (e.g., in the event of a material breach of contract, if the Seller refuses to make the product conforming, or if non-conformity persists despite the Seller’s attempt at repair).

  10. In the case of a justified complaint by a Customer who is a consumer or a person referred to in § 10, the Seller has the following obligations:

    a) The Seller bears the costs of repair or replacement and of reshipping the product to the Customer.

    b) The Seller reduces the product price (the reduced price must be proportionate to the non-defective good) and refunds the difference to the consumer or person referred to in § 10 no later than within 14 days from receipt of notification of the price reduction.

    c) In the event of withdrawal from the contract by the consumer or person referred to in § 10, the Seller refunds the product price no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal, the consumer or person referred to in § 10 is obliged to return the goods immediately and at the Seller’s expense.

  11. The Seller’s response to the complaint is made in writing or on another durable medium, e.g., by e-mail or SMS.

§ 8
RIGHT OF WITHDRAWAL

  1. Notwithstanding item 10 of this paragraph, any Customer who is a consumer or a person referred to in § 10 may withdraw from a distance contract within 14 days without giving any reason by submitting a corresponding statement. To meet the withdrawal deadline, it is sufficient to send the withdrawal statement in time.

  2. In the event of withdrawal from the contract, the purchase contract is considered not concluded, and the consumer or person referred to in § 10 must return the product to the Seller without undue delay, and no later than within 14 days from the day on which they notified their withdrawal, either to the Seller or to a person designated by the Seller, unless the Seller has offered to collect the product themselves. To meet the deadline, it is sufficient to send the goods in time.

  3. The product to be returned should be sent to: ul. Kłodnicka 97/312, 41-706 Ruda Śląska, Silesian Voivodeship, Poland.

  4. The consumer or person referred to in § 10 is only liable for any diminution in the value of the product resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the product, unless the Seller has not properly informed the consumer or person referred to in § 10 of their right of withdrawal or has not provided a corresponding withdrawal form. To inspect the product, the consumer or person referred to in § 10 should handle and examine it as they would in a brick-and-mortar store.

  5. Subject to items 6 and 8 of this paragraph, the Seller will reimburse the consumer the product price, including the cost of product shipping, using the same means of payment that the consumer used in the original transaction, unless the consumer or person referred to in § 10 has expressly agreed to a different, cost-free return method. Subject to item 7 of this paragraph, the reimbursement is made without undue delay and no later than 14 days from the day the Seller receives notification of the withdrawal.

  6. If the consumer or person referred to in § 10 chooses a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller does not have to refund the additional costs of the chosen delivery method.

  7. If the Seller has not offered to collect the goods from the consumer or person referred to in § 10, the Seller may withhold reimbursement until they have received the goods back or until the consumer has provided proof of having sent back the goods, whichever is earlier.

  8. The consumer or person referred to in § 10 bears the direct cost of returning the goods.

  9. The 14-day withdrawal period begins:

    9.1. For a contract where the Seller is obliged to hand over the product, on the day the consumer or a third party indicated by the consumer (other than the carrier) takes physical possession of the product;

    9.2. For a contract for delivery of multiple products that are delivered separately, on the day the consumer or a third party indicated by the consumer (other than the carrier) takes possession of the last product, the last installment, or the last piece;

    9.3. For a contract for regular delivery of goods over a defined period, on the day the consumer or a third party indicated by the consumer (other than the carrier) takes possession of the first product;

    9.4. For other contracts, on the day of contract conclusion.

  10. The right of withdrawal for distance contracts does not apply to:

    10.1. Contracts for goods made to the consumer’s specifications or clearly personalized;

    10.2. Contracts for goods which are not prefabricated and for which an individual selection or extraction by the consumer is decisive and which cannot be returned due to their nature;

    10.3. Contracts for goods that spoil quickly or whose expiration date would be quickly exceeded;

    10.4. Contracts for goods that are sealed for health protection or hygiene reasons and that were unsealed after delivery;

    10.5. Contracts for goods that are sealed audio or video recordings or sealed computer software and were unsealed after delivery;

    10.6. Contracts for the supply of newspapers, periodicals, or magazines, except subscription contracts.

  11. The right to withdraw from the contract belongs to both parties if the other party fails to fulfill its obligation within the expressly specified deadline.

§ 9
PROVISIONS FOR ENTREPRENEURS (B2B)

  1. This paragraph regulates provisions exclusively for entrepreneurs who are not covered by consumer protection as described in § 10.

  2. The Seller has the right to withdraw from the purchase contract within 14 business days after contract conclusion when the Customer is not a consumer. Such withdrawal may be made without giving reasons and does not give rise to any claims by the entrepreneur against the Seller.

  3. The Seller may restrict payment methods for entrepreneurs who are not consumers, including requiring prepayment of part or all of the purchase price, regardless of the chosen payment method and the conclusion of the purchase contract.

  4. The benefit and risk of the product, as well as the risk of accidental loss or damage to the product, passes to the entrepreneur once the Seller hands over the product to the carrier. From that moment, the Seller is not liable for loss, destruction, or damage of the product during transport or for delivery delays.

  5. If a product is shipped by courier to an entrepreneur, that entrepreneur is obliged to inspect the shipment upon receipt. If they find loss or damage during transport, they must take all necessary steps to establish and enforce the carrier’s liability.

  6. The Provider may terminate the contract for the provision of electronic services with immediate effect and without giving reasons by sending an appropriate declaration to the entrepreneur.

§ 10
PROVISIONS FOR ENTREPRENEURS ENTITLED TO CONSUMER PROTECTION

  1. A sole proprietor (natural person) is protected under the Consumer Rights Act to the extent that the contract concluded with the Seller is directly related to their trade or profession but does not, by its nature, fall under a contract typical for their professional activity. This provision does not apply to commercial companies.

  2. A sole proprietor to whom item 1 applies enjoys consumer protection only in the following areas:

    2.1. Prohibited contractual clauses;

    2.2. Liability for material defects;

    2.3. Right of withdrawal for distance contracts;

    2.4. Provisions regarding contracts for the supply of digital content or digital services.

  3. A sole proprietor loses consumer protection if the purchase contract concluded with the Seller is of a professional nature. This is verified based on the entry in the Central Register and Information on Economic Activity (CEIDG) and, in particular, the Polish Classification of Activities (PKD) codes indicated.

  4. Sole proprietors to whom item 1 applies are not included in the institutional consumer protection provided by municipal or Polish consumer councils or by the President of the Office of Competition and Consumer Protection (UOKiK).

§ 11
NATURE AND SCOPE OF ELECTRONIC SERVICES

  1. The Provider makes the following electronic services available via the Shop:

    1.1. Conclusion of purchase contracts for products;

    1.2. Maintenance of an account in the Shop;

    1.3. Use of the review system.

  2. The provision of electronic services to Customers in the Shop takes place under the conditions specified in the T&C.

  3. The Provider is entitled to place advertising content on the Shop’s website. Such content is an integral part of the Shop and its materials.

§ 12
CONDITIONS FOR PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES

  1. The provision of the electronic services listed in § 11 item 1 by the Provider is free of charge.

  2. The term of the contract for providing electronic services is as follows:

    2.1. The contract for the electronic service that enables placing an order in the Shop is concluded for a definite period and ends when an order is placed or when the Customer ceases to place further orders.

    2.2. The contract for the electronic service that enables maintaining an account in the Shop is concluded for an indefinite period. It comes into effect when the Customer submits the completed Registration Form.

    2.3. The contract for the electronic service that enables the use of the review system is concluded for a definite period and ends when a review is submitted or when the Customer ceases to submit further reviews.

  3. Technical requirements for using the Provider’s IT system:

    3.1. A computer (or mobile device) with Internet access;

    3.2. Access to an e-mail account;

    3.3. A web browser;

    3.4. Enabled cookies and JavaScript in the browser.

  4. The Customer is obliged to use the Shop lawfully and in accordance with good practices, and to respect the personal rights and intellectual property rights of third parties.

  5. The Customer is obliged to provide truthful and accurate data.

  6. The Customer is prohibited from providing unlawful content.

§ 13
COMPLAINTS REGARDING ELECTRONIC SERVICES

  1. Complaints concerning the provision of electronic services in the Shop may be submitted by the Customer via e-mail to natalia@wcehealth.de.

  2. The e-mail should include as much information and detail as possible regarding the subject of the complaint, in particular the nature and date of the complaint and contact details. These details significantly facilitate and expedite the Provider’s handling of the complaint.

  3. The Provider will handle the complaint without undue delay, but no later than within 14 days after receipt.

  4. The Provider’s response is sent to the e-mail address provided in the complaint or by another method specified in the complaint form.

§ 14
TERMINATION OF CONTRACTS FOR ELECTRONIC SERVICES

  1. Termination of a contract for the provision of electronic services:

    1.1. Contracts for continuously and indefinitely provided electronic services (account maintenance) may be terminated.

    1.2. The Customer may terminate the contract with immediate effect and without giving reasons by sending a corresponding declaration via e-mail to natalia@wcehealth.de or by deleting the account.

    1.3. The Provider may terminate the contract for an electronic service that is provided continuously and indefinitely if the Customer violates these T&C, in particular by providing unlawful content, after having received a prior request to cease with a reasonable deadline. In that case, the contract ends seven days after receipt of the termination notice.

    1.4. Termination leads to the end of the contractual relationship with effect for the future.

  2. The Provider and the Customer may end the contract for electronic services at any time by mutual agreement.

§ 15
INTELLECTUAL PROPERTY RIGHTS

  1. All content on the website www.wcehealth.de is protected by copyright and (except for elements provided by Customers or third parties that have been licensed or otherwise lawfully transferred) is owned by WORLD CLASS ENGINEERING TEAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered in the Commercial Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register under KRS number 0000765847, address: ul. Kłodnicka 97/312, 41-706 Ruda Śląska, Poland, VAT ID: 6412545806, REGON: 382268979. The Customer is liable for all damages suffered by the Provider due to use of any content from www.wcehealth.de without the Provider’s consent.

  2. Any use of content from www.wcehealth.de without the Provider’s express written consent constitutes a copyright infringement and may result in civil and criminal liability.

  3. All trade names, product names, company names, and logos used on the Shop’s website www.wcehealth.de are the property of their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photographs presented on the Shop’s website are for informational purposes only.

§ 16
LIABILITY

  1. The Provider will make every effort to ensure that the data available in the Shop is complete, up to date, and presented with due diligence in light of factual and legal circumstances, insofar as this is legally permissible.

  2. The Provider fulfills all obligations under Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act) and appoints a contact point within the meaning of the DSA at its registered office in accordance with § 2 of these T&C.

  3. It is prohibited to post unlawful content (e.g., in comments or reviews) on the Shop, as well as content that:

    a. Is unrelated to the Shop’s subject matter;

    b. Unlawfully damages the Provider’s reputation;

    c. Contains obscene expressions;

    d. Promotes competing activities to the Provider.

  4. If content falling under item 3 is published, the Provider may moderate it (refuse publication, downgrade, remove content, block access, restrict or disable monetization, suspend or delete user accounts, suspend or terminate service provision to that user).

  5. If content is moderated automatically by an algorithm, Customers do not lose the right to contest the Provider’s decision. Objections may be submitted via e-mail to natalia@wcehealth.de. The objection must briefly state the facts and reasons for requesting a review. The Provider will respond to the objection.

§ 17
FINAL PROVISIONS

Contracts concluded via the Shop are governed by Polish law.

If any provision of these T&C conflicts with applicable law, the corresponding provision of Polish law replaces the contested provision of the T&C.

All disputes arising from purchase contracts between the Shop and Customers shall primarily be resolved through negotiations aimed at an amicable settlement, taking into account the Act on Out-of-Court Settlement of Consumer Disputes. If this is not possible or not satisfactory for one party, disputes shall be adjudicated by the competent court as specified in item 4 of this paragraph.

4.1. Disputes between the Provider and a Customer who is a consumer or a person referred to in § 10 shall be brought before courts competent under the Code of Civil Procedure of 17 November 1964; however, this does not prevent the consumer from asserting claims before a court of their domicile pursuant to Regulation (EU) No 1215/2012.

4.2. Disputes between the Provider and a Customer who is not a consumer and falls under § 9 of the T&C shall be brought before the court competent for the Provider’s seat.

A customer who is a consumer may also make use of out-of-court dispute resolution procedures, in particular, after the completion of the complaints procedure, by applying for mediation or arbitration before a consumer arbitration board (application form can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). For German customers, the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. is available, address: Straßburger Straße 8, 77694 Kehl am Rhein, website: www.verbraucher-schlichter.de, e-mail: mail@verbraucher-schlichter.de. A list of permanent consumer arbitration boards at the Provincial Inspectorates of the Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also use the free assistance of a municipal/communal consumer advocate or a non-profit organization whose statutory purpose is consumer protection. Post-complaint out-of-court enforcement of claims is free of charge.

Appendix - Withdraw form