Overview
This website is operated by WHYTHERE. Throughout the site, the terms “we,” “us,” and “our” refer to WHYTHERE. WHYTHERE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Section 1 – Online store terms
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not transmit any worms, viruses, or any code of a destructive nature.
- Violation of any of these Terms will result in immediate termination of your Service.
Section 2 – General conditions
- We reserve the right to refuse Service to any user for any reason at any time.
- You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to adapt and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
Section 3 – Accuracy, completeness, and timeliness of information
We are not responsible if the information provided on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This website may contain some historical information. Historical information, by necessity, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.
Section 4 – Modifications to service and prices
- Prices for our products are subject to change without notice.
- We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
- We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to accurately display the colors and images of our products that appear in the store. However, we cannot guarantee that your monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to withdraw any product at any time. Any offer for a product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 – Accuracy of billing and contact information
We reserve the right to refuse any order you place. We may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or phone number/billing address provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Returns Policy: [LINK TO RETURNS POLICY]
Section 7 – Optional tools
We may provide you with access to third-party tools over which we have no control or influence. You accept and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind, and without any endorsement. We will not be liable to you for any reason whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant provider. We may also offer new services and/or features through the site in the future (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
Section 8 – Complaints procedure
Inspect your order: Inspect your products immediately upon receipt.
Report a problem: If a product is faulty, damaged, or incorrect, please contact us immediately by writing to sklep@whythere.pl or using the contact form on our website. Please include the following with your report:
- Order number
- Description of the problem
- Photos showing the problem (if possible)
Solution process: We will respond within 3 business days to assess your complaint. If accepted, we will arrange a replacement, repair or refund.
Return shipping: If necessary, we will cover the cost of returning faulty, damaged or incorrect products.
Return address:
WHYTHERE Wojciech Wydro
ul. Dietla 19/4
31-070 Kraków
Poland
Section 9 – 14-day cooling off period in the European Union
Notwithstanding the above, if the item is being shipped to the European Union, you have the right to cancel or return your order within 14 days, for any reason and without justification. As above, the item must be in the same condition you received it, unworn or unused, with tags and in its original packaging. You will also need a receipt or proof of purchase.
Section 10 – Links to third parties
Some content, products, or services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant or assume any liability for any third-party materials, websites, products, or services.
We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions entered into in connection with third-party websites. Please review the policies and practices of third-parties carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party websites directly.
Section 11 – Comments, opinions and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any media.
We have no obligation to:
- Keep comments confidential
- Pay compensation for comments
- Reply to comments
We may, but have no obligation to, monitor, edit, or remove content that, in our sole judgment, is unlawful, offensive, threatening, defamatory, pornographic, obscene, objectionable, or violates any intellectual property right or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer virus or other harmful component that could affect the operation of the Service or any related website.
You may not use a false email address, impersonate any person, or in any way mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no responsibility for any comments posted by you or any third-party.
Section 12 – Personal data
Your submission of personal data through the store is subject to our Privacy Policy.
Section 13 – Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any specified update or refresh date applied in the Service or on any related website should not be construed to indicate that all information in the Service or on any related website has been modified or updated.
Section 14 – Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (d) to infringe our intellectual property rights or the intellectual property rights of others;
- (e) to harass, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to transmit false or misleading information;
- (g) to upload or introduce viruses or any other type of malware that will affect the operation of the Service, any related website, other websites, or the Internet;
- (h) to collect or track personal information about others;
- (i) to spam, phish, pharm, pretext, index, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your access to the Service or any related website for violating any of these prohibitions.
Section 15 – Disclaimer; limitation of liability
We do not guarantee, warrant, or represent that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may suspend the Service indefinitely or discontinue it at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, and all products and services delivered through the Service (unless expressly stated otherwise), are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WHYTHERE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such cases, our liability will be limited to the maximum extent permitted by law.
Section 16 – Indemnification
You agree to indemnify, defend and hold harmless WHYTHERE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17 – Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 18 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination in full. These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole discretion, you violate, or we suspect that you have violated, any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
Section 19 – Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
Section 20 – Applicable law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Polish law.
Section 21 – Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. Your continued use of our website or the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Section 22 – Contact information
The Terms of Service should be directed to: sklep@whythere.pl.
Our contact details:
WHYTHERE Wojciech Wydro
Dietla Street 19/4
31-070 Krakow
NIP 677 171 96 72