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This document is a translation provided for information purposes only. In the event of any discrepancies, the Polish version of the Terms and Conditions shall prevail.
TERMS AND CONDITIONS OF THE ONLINE STORE
1. GENERAL PROVISIONS
1. The Terms and Conditions of the ONDAFLO online store set out the general rules and conditions concerning:
i. the use of the Online Store;
ii. the conclusion of contracts for the sale of Products and contracts for the provision of services offered via the Online Store;
iii. the rights and obligations of the Seller, Customers and Users using the Store.
2. Acceptance of the provisions of the Terms and Conditions is a prerequisite for placing an Order and concluding a Contract.
3. By accepting the Terms and Conditions, the Customer consents to all provisions of the Terms and Conditions and undertakes to comply with them.
4. Acceptance of the Terms and Conditions is voluntary, but necessary for the conclusion of a Contract and the placing of an order by the Customer.
5. The Seller sells Products and provides Services by electronic means in accordance with the Terms and Conditions and the provisions of law.
6. In matters not regulated in the Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular:
i. the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Dz.U. z 2024 r. poz. 1513 ze zm.);
ii. the Act of 23 April 1964 – Civil Code (consolidated text: Dz.U. z 2026 r. poz. 795 ze zm.);
iii. the Act of 30 May 2014 on Consumer Rights (consolidated text: Dz.U. z 2024 r. poz. 1796 ze zm.); and
iv. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: the "GDPR").
7. Information about the Products, in particular their descriptions, technical parameters and prices, does not constitute an offer within the meaning of the Civil Code, but merely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
8. The sale and delivery of Products is carried out in selected countries of the European Union, in particular in the territory of Poland, Germany, Austria, Belgium, the Czech Republic, France, Spain, the Netherlands, Luxembourg, Portugal, Slovakia, Slovenia and Italy (hereinafter: the "Territory").
9. The Online Store website is operated in Polish, English and other selected language versions.
2. DEFINITIONS
The terms used in the Terms and Conditions shall have the following meanings:
1) Terms and Conditions – this document setting out the rules for concluding and performing sales contracts in the Online Store and for the provision of Services by electronic means;
2) Online Store/Store – the website operated by the Seller, available at: https://ondaFlo.com, https://ondaFlo.de, https://ondaFlo.pl, together with all subpages constituting an integral part thereof, enabling the purchase of Products from the Seller;
3) Seller – Ondaflo spółka z ograniczoną odpowiedzialnością with its registered office in Konin, ul. Leszczynowa nr 23, 62-500 Konin, whose registration files are kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań, IX Commercial Division of the National Court Register, entered in the register of entrepreneurs of the National Court Register under KRS number 0001218468, holding NIP 6653083394, REGON 543776020, with a share capital of PLN 5,000.00;
4) Product – a movable item offered for sale via the Online Store;
5) User – any person (a natural person, a legal person or an organisational unit with legal capacity) who lawfully uses the Online Store;
6) Customer – a User who has registered a Customer Account in the Seller's Online Store, or has purchased a Product with registration, or has purchased a Product without registration;
7) Consumer – a consumer is understood to be a natural person performing a legal transaction with an entrepreneur that is not directly related to that person's business or professional activity, as well as an Entrepreneur with Consumer Rights;
8) Entrepreneur with Consumer Rights – a natural person concluding a Contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity;
9) Registration – a one-time action consisting in the creation by the User of a Customer Account in the Seller's Online Store, carried out using the administration panel made available by the Seller on the Store's website;
10) Customer Account – a set of data identified by a login and password identifying the Customer, together with technical settings created for the Customer at their request within the Online Store, as well as the history of their orders, which enables the use and management of orders in the Online Store;
11) Login – the action of entering a sequence of characters (login and password) necessary to gain access to the Customer Account. The login is set independently by the Customer during the Registration process;
12) Order Form – an electronic form available on the Platform's website guiding the User through the Order process for the purchase of digital Products or Services;
13) Order – a declaration of will by the Customer expressing a direct intention to conclude a distance Contract, submitted using means of distance communication, specifying the Product as well as the information necessary for the conclusion and performance of the Contract indicated in the content of the Order, such as the method of payment, the method of delivery and the Customer's details;
14) Electronic Payment System – an electronic payment system through which payment for the ordered Product can be made, operating on the basis of the separate terms and conditions of the entity operating the given service (e.g. Przelewy24);
15) Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text: Dz.U. z 2026 r. poz. 795 ze zm.);
16) Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (consolidated text: Dz.U. z 2024 r. poz. 1796 ze zm.);
17) Services provided by electronic means – free and voluntary services provided by the Seller by electronic means via the website, consisting in browsing the information published on the Store's website, the presentation of Products, making available the Order Form enabling the placing of an order, as well as making available the contact form and the Newsletter service;
18) Newsletter – a free service (requiring the User's prior consent to its provision) consisting in the regular/periodic automatic receipt by the User, at the e-mail address provided by them, of commercial information related to the Store's offer, in particular information about the current range of Products; the Newsletter service is provided for an indefinite period, and the User may at any time and without giving any reason cancel the Newsletter service with immediate effect by submitting a request via the opt-out option available in every message received as part of the Newsletter service.
3. MINIMUM TECHNICAL REQUIREMENTS
1. The use of the Store requires:
i. a device with internet access;
ii. an up-to-date web browser;
iii. an active and properly configured e-mail account.
2. The Seller takes all measures to ensure the security of connections to the Store.
3. The User should, where possible, take measures related to the security of connections to the Store (e.g. by installing antivirus software).
4. Despite exercising the utmost diligence and using appropriate systems protecting against harmful actions of third parties, the use of the Store's website may involve potential risks. The Seller identifies risks that should be taken into account by the Customer, in particular: the possibility of receiving unsolicited commercial information, the possibility of fake electronic messages being sent on behalf of the Seller ("phishing"), the possibility of unauthorised interception of or access to correspondence ("spyware"), or the possibility of malicious software operating.
5. The Seller shall not be liable for:
i. damage arising from the use of or inability to use the Store, as well as damage resulting from the direct or indirect use of the information contained on the Store's website;
ii. the actions of third parties operating the hardware and software ensuring the proper and uninterrupted operation of the internet;
iii. damage resulting from damage to the User's computer hardware or its resources in connection with the use of the Store, in particular as a result of computer viruses and other malicious software entering the User's IT system;
iv. the unavailability of the Store arising in connection with a failure of the telecommunications system, and for other consequences of the faulty operation of telecommunications links and damage caused by them, regardless of the cause;
v. damage resulting from the provision of incomplete or untrue information in the content of the Order Form.
6. No e-mail or text messages containing an obligation to install software, demands for payment, reminders, requests to provide passwords etc. are sent via the Store. If any of the above circumstances is found, the User is obliged to notify the Seller immediately by contacting them by e-mail at: support@ondaflo.com.
4. RULES FOR USING THE STORE
1. In order to use the Store's offer, the Customer is obliged in particular to:
1) comply with the provisions of the Terms and Conditions;
2) use the Online Store in a manner that does not interfere with its functioning, in particular through the use of specific software or devices;
3) refrain from actions such as: sending or posting unsolicited commercial information in the Online Store, undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer;
4) use the products and services offered by the Seller in a manner consistent with the laws in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the customs adopted in the given area;
5) refrain from supplying and transmitting content prohibited by applicable law;
6) use the services offered by the Seller in a manner that is not burdensome for other Customers or for the Seller, with respect for their personal rights (including the right to privacy) and all rights to which they are entitled;
7) use any content published within the Online Store that is protected by copyright held by the Seller or third parties solely within the scope of permitted personal use. Use of the content beyond that scope is permitted solely on the basis of express consent granted by the authorised person.
2. The Seller reserves the right to temporarily suspend sales within the Online Store due to maintenance work or work related to the modification of the services, and to modify the Store in any way without notice of such intention, as well as to delete a Customer Account in the event of a break in its use lasting longer than 12 (twelve) months.
3. Exclusive rights to the content made available within the Online Store (photographs, descriptions etc.), in particular moral and economic copyrights, related rights, the name of the Online Store, the logotype, the trademark, its constituent graphic elements, software and database rights, are subject to legal protection and are vested in the Seller or in entities with which the Seller has concluded appropriate agreements.
4. Product photographs published in the Store are for illustrative purposes. The colours of the products may differ slightly from the actual ones due to the individual settings of the Customer's computer equipment (e.g. colour saturation, proportions).
5. ORDERS
1. Users entitled to place orders for Products offered by the Online Store are Users:
1) holding the status of a registered Customer in the Online Store;
2) not holding the status of a registered Customer in the Online Store – making purchases without going through the account registration procedure (purchase without registration).
2. The status of a registered Customer of the Online Store is obtained after:
1) correctly completing the registration form available on the Store's website and the Customer setting a login and password, and
2) activating the account by clicking on the activation link sent to the Customer's e-mail address,
subject to the following:
(i) during registration, the Customer's e-mail address is required;
(ii) the login and password are confidential. The Customer is obliged not to disclose the access password to any third party and bears sole responsibility for damage caused as a result of its unauthorised disclosure;
(iii) with each subsequent order, the Customer uses the previously set login and password. After using the login and password set by the Customer, the Customer has the option of updating the data provided during registration in the customer account;
(iv) the Customer accepts the necessity of having a current and active e-mail address in order to create and use the Customer Account and to make purchases via the Online Store;
(v) the e-mail address indicated by the Customer during the Registration process or when making purchases is used for correspondence related to sales within the Online Store.
3. Orders from Customers are accepted:
i. 24 hours a day (with the proviso that an Order is processed only during the Online Store's working hours, i.e. between 9:00 a.m. and 3:00 p.m.);
ii. via the Seller's website or via platforms such as Amazon, eBay, Allegro.
4. In order to effectively place an Order for a Product, the Customer should perform at least the following actions:
i. select the type of Product;
ii. select the colour/size of the Product;
iii. select the number of units of the Product;
iv. provide at least the following data:
(i) the Customer's first name and surname or business name (together with the first name and surname of the person placing the order on their behalf);
(ii) the Customer's home address or registered office address;
(iii) the delivery address for the order (if different from the home or registered office address);
(iv) NIP (in the case of a purchase as an entrepreneur);
(v) a contact telephone number;
(vi) a contact e-mail address;
v. select the payment method;
vi. select the delivery method;
vii. confirm the Order by clicking "Order with an obligation to pay";
viii. make the payment using the fast payment method.
5. While the Order is being placed, the Seller provides the Customer with information on the approximate time of fulfilment of the Order. By submitting the instruction "Order with an obligation to pay", the Customer accepts the order fulfilment time previously indicated to them.
6. The contract with the Customer is concluded at the moment the instruction "Order with an obligation to pay" is submitted.
7. If the Customer fails to make payment within 3 business days, the order will be cancelled, which means the Seller's withdrawal from the contract.
8. After placing an Order, the Customer receives by e-mail:
i. confirmation of receipt of the Order;
ii. confirmation of acceptance of the Order for fulfilment;
iii. dispatch confirmation;
iv. an invoice;
v. the terms and conditions or a link to the Terms and Conditions.
9. Fulfilment of the Order begins once the payment for the placed Order has been credited to the Seller's bank account and the Seller has confirmed acceptance of the Order in the form of an e-mail message addressed to the Customer.
10. The Order is fulfilled within the time indicated to the Customer when placing the Order. The Order is usually dispatched within 2-5 business days of the payment being credited.
11. In a situation where, for reasons beyond the Seller's control, the Order cannot be fulfilled due to the unavailability of the Product, the Customer will be informed of this immediately, but no later than within 3 business days from the date of placing the Order. In such a case, the Seller will refund the amount received from the Customer for the unfulfilled Order. Instead of a refund, the Customer may agree to an extension of the Order fulfilment time.
12. If the Customer is in delay in indicating the missing specification of the Product or the exact place of delivery of the Product, the Seller may withdraw from the contract after the expiry of an additional deadline set for the Customer by e-mail or telephone.
13. The place of fulfilment of the Order, including delivery, may be specified only within the Territory.
6. PRE-SALE (PREORDER)
1. The Store enables Customers to place Orders on a pre-sale basis (hereinafter: "Preorder") for Products which, at the time of placing the Order, are not yet available in regular sale or have not yet been placed on the market.
2. Placing an Order in Preorder mode constitutes the conclusion of a sales contract on the terms set out in these Terms and Conditions, subject to the specific provisions indicated in the description of the given Product.
3. Information that a given Product is available only in Preorder mode is clearly marked on the Product page.
4. Before placing a Preorder, the Customer is informed of:
i. the estimated time of fulfilment of the Order (dispatch or making the Product available);
ii. the nature of the estimated fulfilment time and the possibility of its change;
iii. all essential characteristics of the Product known as at the date of placing the order.
5. The Store confirms acceptance of a Preorder immediately, no later than within 24 hours of its placement, by sending a confirmation to the Customer's e-mail address.
6. The estimated time of fulfilment of a Preorder (dispatch of the Product) is stated each time on the Product page and in the Order confirmation.
7. The fulfilment time is approximate. The Store undertakes to inform the Customer immediately – no later than within 7 days – of any change to the estimated fulfilment time, indicating the new expected date.
8. If the Product is not fulfilled (dispatched) within the time indicated in the Order confirmation or within the time resulting from the most recent update, the Customer has the right to set an additional fulfilment deadline for the Store and, after its ineffective expiry, the right to withdraw from the contract in accordance with Article 491 § 1 of the Civil Code or on general terms.
9. If fulfilment of a Preorder proves impossible for reasons beyond the Store's control (in particular as a result of the manufacturer's failure to produce the Product, discontinuation of production or force majeure), the Store shall immediately inform the Customer of the obstacle that has arisen and of the cancellation of the Order.
10. In the situation referred to in section 9, the Store shall refund to the Customer all payments made by them within 14 days from the date of informing the Customer of the cancellation of the Order, without deducting any handling fees.
11. Cancellation of an order by the Store does not exclude the Customer's rights arising from generally applicable provisions of law.
12. The provisions of the Terms and Conditions apply to complaints regarding Products purchased in Preorder mode.
7. PRODUCT PRICES
1. All Product prices displayed in the Store are gross prices, i.e. they include value added tax (VAT) at the rate applicable to the given goods.
2. The VAT rate included in the price of the goods depends on the European Union Member State to which the goods are to be delivered (the country of destination), in accordance with the provisions on intra-Community distance sales of goods (ICDSG).
3. The price of the goods displayed to the Buyer in the Store is each time recalculated and displayed taking into account the VAT rate applicable in the country of delivery, once the Buyer has indicated the delivery address or selected the country of destination. Before the Buyer indicates the delivery address or selects the country of destination. Before the Buyer indicates the country of delivery, prices may be displayed using the Polish VAT rate – in such a case, the Store clearly informs of this fact.
4. The final price of the goods, taking into account the applicable VAT rate of the country of delivery, is displayed to the Buyer at the latest at the Order summary stage, before the Buyer makes a declaration of will to conclude the contract (before clicking the button confirming the Order with an obligation to pay).
5. The prices of goods do not include delivery costs, which are indicated separately when placing the Order.
6. The price of the product is determined individually depending on the specification of the Product indicated by the Customer when placing the Order.
8. ORDER PAYMENT METHODS, DELIVERY
1. The Seller enables the following payment methods for an Order:
i. payment cards: Visa, Mastercard, American Express, Maestro, UnionPay;
ii. BLIK, Bancontact, Przelewy24, PayPal;
iii. digital wallets: Apple Pay, Google Pay.
2. Delivery:
i. in the case of a Product in the form of a pool – it will be carried out via the freight forwarding services of Raben;
ii. in the case of other Products – it will be carried out via the apaczka.pl service.
3. Delivery is made only "to the kerb", i.e. to the nearest publicly accessible place near the delivery address where the carrier can stop their vehicle. The Seller does not provide a carry-in service. It is recommended to arrange assistance for the carry-in process.
4. The Buyer is obliged to provide a correct and complete delivery address.
7. The delivery cost is on average 100-200 EUR, depending on the location and size. The final delivery cost applicable to a given Order is indicated each time when placing the Order.
8. The Seller offers free delivery for Orders with a value exceeding 500 PLN.
8A. UNCOLLECTED SHIPMENT
1. If the shipment containing the ordered Product is not collected by the Customer for reasons attributable to the Customer (in particular: no contact with the courier, failure to arrange a delivery date, refusal to accept the shipment, provision of incorrect address details, absence at the indicated address), the Seller will attempt to contact the Customer in order to arrange a new delivery date.
2. If the repeated delivery attempt proves unsuccessful or the Customer does not contact the Seller within 7 days from the date of sending an e-mail message with information about the failed delivery, the Seller has the right to:
i. cancel the Order and refund to the Customer the price paid for the Product, less the costs actually incurred for shipping the Product to the Customer and the costs of returning the shipment to the Seller, or
ii. at the Customer's request – re-dispatch the Product, subject to the Customer's prior acceptance and payment of the costs of re-dispatch. The Seller informs the Customer in advance of the amount of the costs of such dispatch;
3. The costs referred to in section 2 include in particular:
i. the cost of the first dispatch of the Product to the Customer (even if the delivery was marked as free) – in the amount of the shipping costs actually incurred by the Seller corresponding to the price of the transport service;
ii. the cost of returning the uncollected shipment to the Seller (in the amount of the shipping costs actually incurred by the Seller corresponding to the price of the transport service);
iii. the cost of re-dispatch (if the Customer requests it).
4. The Seller informs the Customer each time of the amount of the costs referred to in section 3 before deducting them from the amount to be refunded.
5. The deduction of costs referred to in section 2 is made on the basis of Article 498 of the Civil Code as a set-off of the Seller's claim for damages for improper performance of an obligation by the Customer (Article 471 of the Civil Code) against the Customer's claim for a refund of the price. The provision of this section does not apply if the Consumer has submitted a declaration of withdrawal from the contract in accordance with § 9 before the expiry of the deadline for collecting the shipment.
6. The provisions of this paragraph do not limit the Consumer's statutory right to withdraw from the contract on the terms set out in § 9 of the Terms and Conditions.
9. RETURNS (WITHDRAWAL FROM THE CONTRACT)
1. The Consumer has a statutory right to withdraw from the sales Contract within 14 days from the date on which the Consumer, or a third party indicated by them other than the carrier, takes possession of the goods.
2. To exercise the right of withdrawal, the Seller must be informed within the aforementioned period of the decision to withdraw from the contract by means of an unequivocal statement submitted via the return form on the Store's website https://ondaflo.com/, or by e-mail to: support@ondaflo.com The model withdrawal form may also be used, although this is not obligatory (Annex 1 to the Terms and Conditions). To meet the withdrawal deadline, it is sufficient to send the Seller information regarding the exercise of the right of withdrawal from the contract before the expiry of the aforementioned period.
3. In the event of withdrawal, the contract is deemed not to have been concluded. In such a case, the Seller will refund the payment received from the Consumer, subject to the Seller's right to deduct an amount corresponding to the diminished value of the Product in accordance with § 9A.
4. In any event, the Seller may withhold the refund of payments received from the Consumer until the Product has been received back.
5. The refund will be made using the same payment method used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution.
6. The Consumer is obliged to prepare the returned Product for transport with due diligence; in particular, the returned Product should be:
i. complete (all elements of the set, accessories, manual, repair kit);
ii. properly folded, clean and dry;
iii. packed and secured for transport in a manner analogous to that in which it was delivered, in particular so as to ensure its safe transport and prevent its damage (e.g. with stretch film, securing tape);
iv. the shipment should be placed on a pallet and permanently fastened to it (if the Product was delivered to the Customer on a pallet).
7. At the Consumer's request, the Seller will provide instructions on how to secure the Product for return transport.
8. The requirements referred to above constitute an expression of the Consumer's due diligence when returning the Product (Article 355 § 1 of the Civil Code) and serve to protect the Product against damage in transit. Failure to meet these requirements does not constitute grounds for refusing to accept a declaration of withdrawal from the contract, but may result in the Consumer's liability for the diminished value of the Product in accordance with section 6 above.
9. The Consumer bears the direct costs of returning the Product, including the costs of pallet transport. In the event of withdrawal from a contract for the sale of a Product which, due to its nature, cannot be returned by ordinary post, the return costs may vary depending on the actual weight of the Product, its shape (in particular the length of the longest side of the Product), the distance from the place of dispatch to the place to which the Product is returned, and the transport/courier company whose services the Consumer uses.
10. The Consumer is liable for damage to the Product arising during return transport if it results from improper securing of the Product by the Consumer. In such a case, the Seller will document the condition of the Product at the time of its receipt (a damage report with photographic documentation) and inform the Consumer of the damage found.
11. The Product should be returned to the Seller's address: ZWROTY – SKLEP ONDAFLO Sp. z o.o. ul. Leszczynowa 23, 62-500 Konin.
12. The Consumer is liable for any diminished value of the goods resulting from handling them in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the goods. NOTE: "Establishing the nature, characteristics and functioning of the Product" means only such actions as would be possible and customarily accepted in a brick-and-mortar store (e.g. inspection, checking the completeness of the set).
13. The provisions of this paragraph do not apply to Customers who are not Consumers or Entrepreneurs with Consumer Rights.
9A. HANDLING OF A PRODUCT RETURNED AFTER WITHDRAWAL FROM THE CONTRACT
1. If the Customer exercises the right of withdrawal from the contract in accordance with § 9, the Seller accepts the return of the Product regardless of its condition.
2. If the value of the Product has been diminished, in particular where:
i. the Product was improperly prepared for transport;
ii. individual elements of the Product have been damaged;
iii. the Product shows visible signs of use going beyond the scope necessary to establish its nature, characteristics and functioning (e.g. dirt, scratches, abrasions, signs of having been filled with water);
iv. the Product was returned in an incomplete condition;
v. the pump, accessories or manual were unpacked in a manner preventing their resale as new;
vi. parts of the set are missing;
vii. damage to the Product arose as a result of improper folding or packing by the Consumer;
viii. damage to the Product occurred during the Consumer's transport due to the lack of proper securing by the Customer (e.g. no pallet, no fastening to the pallet, packing in one box instead of two, failure to secure individual elements);
the Seller has the right to reduce the refunded amount proportionally to the actual diminution in the value of the Product, up to the full value of the Product. The amount of the reduction of the refund is determined individually, proportionally to the actual diminution in the value of the Product, established as the difference between the value of a new Product and the value of the Product in the condition in which it was returned. The Seller informs the Consumer of the amount of the reduction together with a justification.
3. The assessment of the diminution in the value of the Product is made on the basis of objective criteria, in particular by comparing the condition of the returned Product with the condition of a new Product. The Seller informs the Customer of the diminution in value found, together with its valuation and justification, no later than within 14 days from the date of receipt of the returned Product.
4. A Customer who disagrees with the valuation of the diminution in the value of the Product may lodge a complaint under the procedure set out in § 10 or pursue their claims out of court or in court.
10. COMPLAINTS
1. The Seller is liable for the conformity with the contract of Products purchased in its Store by a Customer who is a Consumer. The basis and scope of the Seller's liability towards Customers who are Consumers in the event of non-conformity of the Product with the contract, and the rights of such Customers, are set out in Article 43a et seq. of the Consumer Rights Act.
2. Complaint claims are examined on the basis of the proof of purchase presented by the Customer or the Order number.
3. Complaints should be submitted using the complaint form available on the Store's website: https://ondaflo.com/, or by e-mail to: support@ondaflo.com.
4. In the complaint submission, the Customer indicates:
1) information regarding the Order (number, order date, invoice number);
2) the Customer's details (first name, surname, address, e-mail address);
3) information regarding the Product complained about (date of lodging the complaint, date the defect was found, product name, price, number of units of the Product complained about);
4) documentation of the defect – in particular a video recording or photographs showing:
i. the exact location of the damage;
ii. the nature of the problem occurring;
iii. the moment at which the water or air leak appears (if applicable);
iv. the widest possible view of the product, allowing the Product and the location of the fault to be identified;
5) NOTE: If the documentation provided does not allow an unequivocal assessment of the existence of the defect or its nature, the Seller may ask the Customer to provide supplementary documentation (e.g. an additional recording after the pool has been emptied of water). The Customer is obliged to cooperate with the Seller to the extent necessary to examine the complaint (Article 354 § 2 of the Civil Code). Furthermore, in the case of a reported air leak from the valve, the Seller recommends that the video recording show:
i. the correct closing of the valve;
ii. the tightening of the valve using the spanner included in the repair kit;
iii. the continued occurrence of the leak despite the correct tightening of the valve;
NOTE: A recording showing only escaping air, without documenting the performance of the recommended service action (tightening the valve), may be deemed insufficient for an unequivocal assessment of the defect, in which case the Seller may request supplementary documentation;
6) a description of the defect;
7) the expected solution (specification of the Customer's demand). The Customer may demand a price reduction or withdraw from the contract if the defect is material, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective Product with one free from defects. This limitation does not apply if the Product has already been replaced by the Seller or the Seller has failed to comply with the obligation to replace the item with one free from defects. The reduced price should remain in such proportion to the price resulting from the contract as the value of the item with the defect bears to the value of the item without the defect.
5. Failure to provide the documentation referred to in sections 4-5 does not suspend the running of the time limit for examining the complaint; however, the Seller may find the complaint unjustified if, on the basis of the available information and documentation, it is not possible to establish the existence of a defect in the Product.
6. NOTE: The Customer is under no automatic obligation to send the Product back. The Seller decides whether the Product should be sent back for verification of the existence of the defect. If sending the defective Product proves necessary, the Seller will contact the Customer on this matter, agreeing on the form of delivery.
7. If the Product needs to be sent back, the Seller notifies the Customer thereof and sends them a shipping label together with an order for collection by a courier on the indicated day.
8. The obligations related to the manner of preparation of, and liability for the preparation of, the shipment containing the Product complained about are analogous to those set out in the provisions of the Terms and Conditions concerning the return of the Product.
9. The Customer may be asked to provide additional information necessary for the examination of the complaint.
10. A Consumer's complaint is examined within 14 days from the date of receipt of a complete submission. The Customer receives the decision on the complaint at the e-mail address provided in the complaint submission.
11. If, after examining the Product, the complaint proves to be unjustified, in particular where there is no defect or the defect arose for reasons attributable to the Customer (e.g. as a result of improper use or unauthorised modifications), Article 10A of the Terms and Conditions shall apply.
12. After the conclusion of the complaint procedure, the Consumer may make use of out-of-court methods of examining complaints and pursuing claims, in particular the mediation procedures provided by the voivodeship inspectorates of the Trade Inspection or the permanent consumer arbitration courts operating at the Voivodeship Inspectorates of the Trade Inspection. Detailed information on out-of-court methods of examining complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, and the Voivodeship Inspectorates of the Trade Inspection. Important information in this respect can also be obtained on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl. The use of out-of-court methods of examining complaints and pursuing claims is voluntary and may take place only if both parties to the dispute consent to it. The above provision is for information purposes only and does not constitute the Seller's consent to participate in out-of-court methods of examining complaints and pursuing claims (dispute resolution).
13. With respect to a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights, in accordance with Article 558 §1 of the Civil Code, the Seller's liability under the statutory warranty for the Product towards such a Customer is excluded and the provisions of this Article 10 of the Terms and Conditions do not apply.
10A. HANDLING OF A PRODUCT AFTER A NEGATIVE COMPLAINT DECISION
1. In the event of a negative complaint decision, the Seller immediately informs the Customer by electronic means (at the e-mail address provided in the submission) of:
i. the outcome of the complaint procedure or the assessment of the return;
ii. the Product's readiness for collection;
iii. the obligation to arrange collection of the Product within 14 days from the date of receipt of the information;
iv. the costs of transporting the Product to the Customer, which are borne by the Customer.
2. The Customer is obliged to arrange collection of the Product or indicate the address to which the Product is to be sent back within 14 days from the date of receipt of the information referred to in section 1. The costs of transporting the Product to the Customer are borne by the Customer.
3. If the Customer neither arranges collection of the Product nor indicates a delivery address within the period referred to in section 2, the Seller will send the Customer a further request to collect the Product, setting an additional period of 14 days.
4. After the ineffective expiry of the additional period referred to in section 3, the Seller is entitled to send the Product back to the Customer's address indicated in the order, at the Customer's expense. The Seller informs the Customer of the dispatch 7 days in advance.
5. The Seller stores the Product with due diligence until it is handed over to the Customer or sent back in accordance with section 4.
6. If the Customer fails to collect the Product sent back in accordance with section 4, the Seller is entitled to store the Product at the Customer's expense and risk. Storage costs are charged for each commenced month of storage beyond 30 days from the date of the second unsuccessful delivery attempt. The Seller informs the Customer of the storage costs being charged. After 6 months from the date of dispatch of the Product in accordance with section 4, the Seller is entitled to dispose of the Product, and the Seller's obligation to hand over the Product expires.
7. The provisions of section 6 concerning the Seller's right to dispose of the Product do not apply to Consumers. In the case of a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights, after 6 months from the date of dispatch of the Product in accordance with section 4, the Seller is entitled to dispose of the Product under the rules of Article 551 in conjunction with Article 486 § 2 of the Civil Code.
11. PROTECTION OF PERSONAL DATA
1. The controller of the personal data of the User and the Customer is the Seller.
2. The provision of personal data by the Customer is voluntary, but necessary for the purpose of creating a Customer Account, placing an order and concluding a contract for the sale of a Product.
3. Detailed information on the processing and protection of personal data is available at https://ondaflo.com/, https://ondaflo.de/, https://ondaflo.pl/, including in the "Privacy Policy" tab and in the information clauses dedicated to the individual forms published on the website.
12. FINAL PROVISIONS
1. The provisions of the Terms and Conditions do not exclude or limit any rights of the Consumer in respect of defects in the Products to which the Consumer is entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to the Consumer, those provisions shall prevail.
2. In the case of a Consumer whose habitual residence is in a Member State of the European Union other than Poland, the provisions of these Terms and Conditions are without prejudice to the mandatory consumer protection provisions in force in the country of that Consumer's habitual residence which cannot be excluded by contract. To the extent that a given provision of the Terms and Conditions conflicts with such provisions or is impermissible under them, the relevant provisions of the law of the country of the Consumer's habitual residence shall apply in place of that provision.
3. The content of the Terms and Conditions is available free of charge to all Customers in electronic form on the Store's website https://ondaflo.com/, https://ondaflo.de/, https://ondaflo.pl/
4. The Seller reserves the right to amend the Terms and Conditions (subject to prior notification of the Customer of such an amendment by e-mail sent 30 days in advance) solely in the event of an amendment to the provisions of law governing the sale of Products or the provision of services by electronic means by the Seller affecting the mutual rights and obligations set out in the contract concluded between the Customer and the Seller, or in the event of a change in the interpretation of the above provisions as a result of court rulings or recommendations of the authorities competent in the given area, as well as in the event of a change in the manner of providing services caused solely by technical or technological considerations (in particular updates to the technical requirements concerning browsers, payment methods and delivery methods) indicated in these Terms and Conditions. An amendment to the Terms and Conditions does not affect sales contracts concluded by the Customer and the Seller before the amendment to the Terms and Conditions.
5. The law applicable to contracts concluded on the basis of these Terms and Conditions is Polish law, subject to section 2 above and the mandatory provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).
6. This version of the Terms and Conditions enters into force on 15.08.2026 and applies to sales contracts concluded from that date.
