Terms of service
TERMS AND CONDITIONS OF THE SAUNADO.EU ONLINE STORE
§1 General provisions
- The online store available at www.saunado.eu is operated by:
BIELECKI GROUP BRUKMONTAŻ DOMY SZKIELETOWE SP. Z O.O.
registered office: Aleja Tysiąclecia 6, 21-500 Biała Podlaska, Poland,
KRS: 0001195419, NIP: 5372691397, REGON: 542766389,
hereinafter referred to as the “Seller”.
- Contact details of the Seller:
e-mail: sales@saunado.eu
phone: +48 728 001 100 - These Terms and Conditions define the rules for using the online store, placing orders, concluding distance sales agreements, making payments, delivery, complaints, and the rules concerning products made to individual customer order.
- These Terms and Conditions have been prepared based on applicable laws, in particular:
a) the Polish Consumer Rights Act of 30 May 2014,
b) the Polish Civil Code of 23 April 1964,
c) the Polish Act on the Provision of Electronic Services of 18 July 2002,
d) Regulation (EU) 2016/679 of the European Parliament and of the Council — GDPR.
§2 Definitions
- Customer – a natural person, legal person or organisational unit without legal personality that places an order in the Store.
- Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to their business or professional activity.
- Entrepreneur with consumer rights – a natural person entering into an agreement directly related to their business activity, where the content of the agreement indicates that it is not of a professional nature for that person.
- Product – a movable item offered in the Store, in particular a sauna, hot tub, jacuzzi, accessory or any other product available in the Store’s offer.
- Personalised Product / Made-to-order Product – a non-prefabricated Product made, assembled, configured, imported or adapted according to the Customer’s specifications, in particular as to model, dimensions, colour, layout, equipment, variant, material, technical configuration, accessories, place of delivery or other individual parameters selected by the Customer.
- Sales Agreement – a Product sales agreement concluded remotely between the Customer and the Seller via the Store.
§3 Product information
- The Seller makes every effort to ensure that the information about Products available in the Store is reliable, up to date and accurate.
- Information published in the Store, including Product descriptions, photos, visualisations, technical parameters and prices, constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code.
- Photos, visualisations and graphic materials of Products are for illustrative purposes only. The actual appearance of the Product may slightly differ from the photos, in particular due to the natural characteristics of materials, screen settings, production process, handmade elements, configuration variant or individual options selected by the Customer.
- In the case of made-to-order Products, including saunas, hot tubs, jacuzzis or other large-size products:
a) the Product may be manufactured, assembled or adapted individually for the Customer,
b) the scope of delivery, technical parameters, variants and equipment are specified in the Product description, order configuration or individual arrangements with the Seller,
c) slight differences may occur due to the nature of materials, the production process, assembly or transport, provided that they do not affect the conformity of the Product with the agreement. - Before placing an order, the Customer should carefully check the selected model, variant, configuration, delivery details and all Product parameters.
§4 Placing orders and conclusion of the agreement
- Orders may be placed via the Store’s website 24 hours a day, 7 days a week.
- Placing an order by the Customer constitutes an offer to conclude a Product sales agreement.
- The Sales Agreement is concluded when the Seller confirms acceptance of the order by e-mail.
- In the case of made-to-order Products, the Seller may additionally confirm the details of the order with the Customer, in particular the selected configuration, Product variant, completion date, delivery method or additional arrangements.
- The Seller may refuse to process an order in the event of:
a) incorrect or incomplete data provided by the Customer,
b) lack of payment,
c) inability to produce or deliver the Product in the selected configuration,
d) an obvious error in the price, description or availability of the Product,
e) inability to deliver to the indicated country or place.
§5 Made-to-order Products and no possibility of order cancellation
- The Customer acknowledges that a significant part of the Products offered in the Store, in particular saunas, hot tubs, jacuzzis and large-size products, may be manufactured, assembled, imported or adapted to the Customer’s individual order.
- A made-to-order Product may be adapted to the Customer’s individual needs, in particular by selecting the model, size, colour, material, configuration, equipment, accessories, technical variant or other parameters available in the Store or agreed individually with the Seller.
- After the order has been confirmed by the Seller and its execution has begun, in particular after the start of production, assembly, ordering of components, reservation of the Product with a supplier, import of the Product, preparation of transport or any other action taken to fulfil the order, the Customer has no right to cancel the order, unless mandatory provisions of law state otherwise.
- Cancellation of an order before the start of execution may take place only with the Seller’s consent. The Seller is not obliged to grant such consent.
- If the Customer wishes to change the order, they should contact the Seller immediately. Changing the order after execution has begun is possible only if the Seller confirms such possibility.
- If a change to the order results in additional costs, an extended completion time or the need to change the Product configuration, the Customer shall be obliged to cover such costs after accepting them.
§6 Prices and payments
- Product prices shown in the Store are gross prices and include VAT, unless otherwise stated next to the Product.
- The price shown next to the Product is the final price of the Product, subject to delivery costs, additional fees, customs duties, import taxes or other costs applicable to delivery outside Poland or outside the European Union, if such costs occur.
- The total order price, including the Product price and any delivery costs, is presented to the Customer before the order is placed.
- Available payment methods:
a) Visa and Mastercard payment cards,
b) PayPal,
c) bank transfer,
d) other payment methods made available in the Store. - The order may be forwarded for execution after the payment has been credited or after positive payment authorisation, unless the Seller individually agrees otherwise with the Customer.
§7 Delivery
- The Seller delivers within Poland, the European Union and selected countries worldwide.
- Delivery costs:
a) Poland and most European Union countries – PLN 0, unless otherwise stated next to the Product,
b) other countries – delivery cost may be determined individually before the agreement is concluded. - The completion and delivery time indicated next to the Product is approximate, unless the Seller has expressly confirmed a specific date to the Customer as binding.
- In the case of made-to-order Products, the completion time may depend on the availability of components, the production process, the supplier’s schedule, transport conditions, customs clearance and other factors beyond the Seller’s control.
- The Customer is obliged to ensure that the Product can be delivered to the indicated place, in particular by providing suitable access, access for a transport vehicle, an unloading area and the possibility of carrying in or positioning the Product, if such activities have been agreed.
- In the case of large-size Products, the Customer should check before purchase whether the Product can be delivered and placed in the selected location.
- The risk of accidental loss of or damage to the Product passes to the Consumer in accordance with applicable law, in particular Article 548 §3 of the Polish Civil Code.
- The Customer should inspect the shipment upon delivery. In the event of visible transport damage, it is recommended to prepare a damage report with the carrier and immediately contact the Seller.
§8 No right of withdrawal for personalised and made-to-order Products
- Pursuant to Article 38 point 3 of the Polish Consumer Rights Act, the right of withdrawal from a distance agreement does not apply to an agreement where the subject of performance is a non-prefabricated item manufactured according to the Consumer’s specifications or intended to meet the Consumer’s individual needs.
- Therefore, a Customer who is a Consumer or an Entrepreneur with consumer rights is not entitled to withdraw from the agreement within 14 days in the case of personalised, made-to-order, configured, imported or adapted Products according to the Customer’s specifications.
- The exclusion of the right of withdrawal applies in particular to Products such as saunas, hot tubs, jacuzzis and other products that have been manufactured, configured, assembled, imported or adapted according to the Customer’s choice or individual needs.
- Before placing an order, the Customer is informed that in the case of personalised or made-to-order Products, they are not entitled to the statutory right of return or withdrawal from the agreement without giving any reason.
- The absence of the right of withdrawal does not limit the Customer’s rights arising from the provisions on complaints, non-conformity of goods with the agreement or warranty, where applicable.
§9 Returns
- The Seller does not accept returns of personalised, made-to-order, configured, imported or adapted Products according to the Customer’s specifications if the Product is in conformity with the agreement.
- A Product return may be accepted only if:
a) the Seller gives individual written consent, or
b) the obligation to accept the return results from mandatory provisions of law, or
c) the return takes place as part of an accepted complaint. - Sending the Product back to the Seller without prior agreement does not constitute effective withdrawal from the agreement or automatic acceptance of the return.
- The costs of an unarranged return shipment shall be borne by the Customer, unless mandatory provisions of law state otherwise.
§10 Complaints
- The Seller is liable to the Customer for the conformity of the Product with the agreement in accordance with applicable law.
- Complaints may be submitted to the following e-mail address: sales@saunado.eu.
- The complaint should include:
a) the Customer’s full name or company name,
b) order number,
c) description of the reported non-conformity or defect,
d) photographic or video documentation, if possible,
e) the expected method of complaint resolution. - The Seller shall consider the complaint within 14 days of receiving it, unless the law provides for a different period.
- If the complaint is accepted, the Seller shall take actions provided for by applicable law, in particular repair, replacement, price reduction or refund, if there are grounds for doing so.
- The complaint does not cover:
a) natural characteristics of materials, in particular wood, such as differences in structure, shade, grain, minor cracks or changes resulting from the natural behaviour of the material, provided they do not constitute a defect of the Product,
b) damage caused by incorrect assembly, use, maintenance or storage of the Product,
c) mechanical damage occurring after the Product has been received by the Customer,
d) changes resulting from normal wear and tear of the Product,
e) consequences of using the Product contrary to the instructions, intended use or recommendations of the Seller or manufacturer. - The provisions of this paragraph do not limit the statutory rights of the Consumer.
§11 Liability
- The Seller is liable towards Consumers and Entrepreneurs with consumer rights under the rules set out in applicable law.
- In relation to Customers who are not Consumers or Entrepreneurs with consumer rights, the Seller’s liability under statutory warranty may be excluded pursuant to Article 558 §1 of the Polish Civil Code.
- In relation to Customers who are not Consumers or Entrepreneurs with consumer rights, the Seller’s liability, to the extent permitted by law, is limited to the value of the order to which the claim relates.
- The Seller shall not be liable for delays or inability to fulfil an order caused by circumstances beyond the Seller’s control, in particular force majeure, supplier delays, transport issues, customs clearance, changes in law, strikes, failures or other events that the Seller could not foresee or prevent.
§12 Personal data
- Customers’ personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council — GDPR.
- The Seller is the controller of personal data.
- Personal data are processed in particular for the purpose of handling the order, concluding and performing the sales agreement, processing payments, delivery, complaint handling, contacting the Customer and fulfilling the Seller’s legal obligations.
- Detailed rules for the processing of personal data are set out in the Privacy Policy available on the Store’s website.
§13 Dispute resolution
- The Consumer may use out-of-court methods of handling complaints and pursuing claims.
- The Consumer may obtain assistance, among others, from municipal or district consumer ombudsmen, consumer organisations or competent consumer protection authorities.
- The European Commission’s ODR platform is available at:
https://ec.europa.eu/consumers/odr - The Seller is not obliged to use out-of-court dispute resolution methods, unless such obligation results from mandatory provisions of law.
§14 International sales, including sales to the United Kingdom
- In the case of sales to countries other than Poland, mandatory provisions of the law of the Consumer’s country of habitual residence may apply, where such provisions cannot be excluded by agreement.
- In the case of sales to the United Kingdom, the Customer acknowledges that products made to order, according to the Customer’s specifications or clearly personalised may be excluded from the right to cancel the order under the applicable UK consumer distance selling regulations.
- The provisions of these Terms and Conditions do not limit the Consumer’s rights arising from mandatory provisions of law applicable in a given country.
- In the case of deliveries outside the European Union, the Customer may be required to bear additional costs, in particular customs duties, import taxes, administrative fees or other public charges applicable in the country of delivery.
§15 Final provisions
- Matters not regulated by these Terms and Conditions shall be governed by Polish law and applicable European Union law, subject to mandatory provisions of law applicable to the Consumer.
- These Terms and Conditions enter into force on the date of publication on the Store’s website.
- The Seller may amend these Terms and Conditions for valid reasons, in particular in the event of changes in law, payment methods, delivery methods, Store functionality or Seller details.
- Changes to these Terms and Conditions do not affect orders placed before the date on which the changes enter into force.