Terms and conditions of use
I. Definition of the seller
- The owner of the Store (the „Seller") is:
KĘDZIOREK Joanna Kędziorek, ul. Pomorska 40, 91-408 Łódź, NIP: 7271992655, REGON: 473266467, phone: +48 509 633 726, e-mail: firstname.lastname@example.org
I. Preliminary provisions
- The online store [the „Store”] sells via the Internet on the basis of these Terms and Conditions.
- The Client of the Store [„Client”] can be: an adult natural person with full legal capacity residing in Poland or in the European Union; an adult natural person running a business based in Poland or in the European Union; a legal person or an organizational unit without legal personality, entitled by the law to make decisions and to incur liabilities on behalf of the entity- based in Poland or in the European Union; a minor acting with the consent of a parent or legal guardian.
- The consumer [„Consumer”] on the basis of Article 221 of the Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended) is a person who performs a legal transaction with the Store not directly related to its business or professional activity.
- An entrepreneur [„Entrepreneur”] is a natural person conducting business activity registered in the Central Register and Information on Economic Activity (CEiDG) performing a legal transaction (concluding a purchase / sale contract) directly related to its business or professional activity, when the content of the concluded contract indicates that it is not of a professional nature for the Entrepreneur. The professional nature results from the subject of the business activity, in particular from the PKD numbers.
- The Goods [„Goods"] are a movable item available in the Store which is the subject of the purchase and sale agreement between the Store and the Customer.
- The Terms and Conditions are an integral part of the sales contract concluded with the Customer.
- The prices given in the Store are gross prices (including VAT).
- The goods available in the Store are new and free from physical and legal defects. The exception are goods with clearly marked defects and traces of use. Liability for defects is determined by applicable law, in particular Article 12 (1) (13) of the Consumer Rights Act (Journal of Laws of 2014, item 827, as amended), Articles 556 and 5561-5563 of the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
- Orders can be placed via interactive forms available on the Store's website (customer's cart/checkout/shopping cart).
- For the order to be processed the Customer and the recipient of the order have to provide data allowing verification of their persona. The store confirms the order by sending an e-mail describing the subject of the order to the e-mail address provided when placing the order. If the Customer provides incomplete, incorrect, contradictory information when placing the order, the Store will contact the Customer to remove and correct the mistakes. By placing an order, the Customer submits an offer to conclude a sales contract for the ordered goods.
- The information visible on the Store's website next to the purchased goods at the time of placing the order is legally binding for the parties. This applies in particular to: prices, product characteristics, its features, elements included in the set, time and method of the delivery.
- After placing the order, it is being verified. Then the Store sends an e-mail (to the email address provided by the Customer) informing about the acceptance of the order and following steps of its realization. Information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §3 sec. 2 and upon its receipt by the Customer, a Sales Agreement is concluded. After the conclusion of the Sales Agreement, the Store confirms its terms to the Customer by sending the terms to Customer’s e-mail address.
- The information on the Store's website does not constitute an offer within the meaning of the Civil Code.
- The customer can choose the payment method: electronic payment via "paynow mBank S.A." (electronic); payment on delivery (cash on delivery).
- Shipping prices are specified in the order summary.
- In order for the goods to be delivered the payment, for the goods and the delivery, has to be done.
- The Customer is obliged to settle payment resulting from the contract, regardless of the chosen method of payment and delivery.
- In the event of failure by the Customer to pay for the goods within 7 days from the date of conclusion of the contract (and in the case of cash on delivery), the Store will call the Customer to collect and pay for the goods, setting a deadline for the implementation of the obligation. In the event of failure to settle the amount due under the contract within the prescribed period, the Store may withdraw from the sales contract.
- The order fulfillment date is counted: from the day the funds for the order are accounted to the Store's bank account; or from the moment of positive payment authorization (not applicable to cash on delivery).
- The deadline for the execution of orders payable on delivery is counted from the working day following the confirmation of the order by the Store referred to in §3 Act 4.
- The ordered goods are sent by the Store via delivery companies or made available for collection in person at its premises.
VI. Warranty complaints (consumers / entrepreneurs)
- In the event of non-compliance of the goods with the contract, the Consumer should send back the goods to the Store with a description of the non-compliance.
- The store will respond to the Consumer's complaint within 14 days from the date of the return with a description of the non-compliance.
- A model complaint form is attached as Appendix 2 to these Terms and Conditions.
- The Store is liable to the Consumer under the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months.
- The consumer, at the time of occurrence of the defect, may request from the Store (under the warranty law): replacement of goods with a new ones; repair of goods; lowering the price; withdrawal from the contract - if the defect is significant. The Store shall respond to the Consumer's request within 14 days at the latest. The store will consider the request, taking into account the following circumstances: ease and speed of replacement or repair of the goods; the nature of the defect - significant or negligible; whether the goods were previously returned as a part of complaint.
- The shop may refuse requests to replace or repair the goods, provided that the replacement or repair of the goods is impossible to implement, or would require excessive costs compared to the second possible request. The store will propose an alternative solution in this case.
- Each consumer may use extrajudicial means of dealing with complaints. If you want to take advantage of the possibility of amicable settlement of disputes regarding online purchases, you may submit your complaint, e.g. via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/; through the regional Provincial Inspector of Trade Inspection, the list is available at https://www.uokik.gov.pl/wazne_adresy.php#faq595; Due to the store headquarters of the Store, the case may be referred directly to the Łódź Provincial Inspector of Trade Inspection in Łódź at Gdańsk 38, 90-730 Łódź https://www.wiih.lodz.pl The course of proceedings regarding out-of-court resolution of consumer disputes is determined by the currently applicable regulations law (in particular in the Act of 23 September 2016 on out-of-court resolution of consumer disputes).
- Any complaints regarding the use of the services provided by the Store should be sent to the addresses provided in §1 of these Terms and Conditions.
VII. Warranty complaints
- The provisions of this section apply only to Customers who are not Consumers.
- Based on Article. 558 of the Civil Code, the Store's liability under the warranty is excluded.
- Based on Article. 545 par 2 of the Civil Code, in the event of sending the goods to the place of destination via the carrier, the Customer is obliged to examine the parcel- in time and manner- established for such shipments; if Customer has found that there has been a loss or damage to the Goods during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.
- Complaints should be sent to the e-mail address specified in paragraph 1, providing the following data: name and surname, subject, address, date of conclusion of the contract, subject of the contract, date of detection of the defect, type of defect, claim, confirmation of the defect at the time of release of the Goods, contact details (email), as well as additional photos and other information that may affect the complaint process.
- The Store shall respond to the Consumer's request within 14 days at the latest.
VIII. Right to withdrawal from the contract
- On the basis of the Consumer Rights Act of May 30, 2014, the Consumer/Entrepreneur has the right to withdraw from the contract without giving any reason.
- The withdrawal from the contract is effective if the Consumer/Entrepreneur submits a declaration of withdrawal from the contract within 15 days from the date of delivery of the goods. To meet the deadline, it is enough to submit a statement before its expiry. The form of submitting the declaration is not specified, e.g. the declaration may be submitted on the form, example is attached to the Consumer Rights Act of 30 May 2014 (attached as Annex 1 to the Regulations); by e-mail to the address provided in paragraph 1 of these Terms and Conditions; by letter to the address provided in paragraph 1 of these Terms and Conditions.
- The Consumer/Entrepreneur returns the goods to the Store at his own expense within 14 days of submitting the declaration of withdrawal from the contract.
- The store returns the funds within 14 days after receiving the statement. The Store may withhold the reimbursement until the Goods are received back or the Consumer / Entrepreneur provides proof of its return, depending on which event occurs first.
- The store returns the funds using the same method of payment as used by the Consumer / Entrepreneur. In the case of payment by card, the refund is made by transfer to the card.
- In the event that the Consumer / Entrepreneur chose a method of delivery other than the cheapest offered by the Store, the Store will not reimburse the Consumer / Entrepreneur for the additional costs of delivery. The store will only refund the cost of the cheapest delivery of a given item to the Consumer / Entrepreneur.
- The Consumer / Entrepreneur covers all direct costs of returning the Goods (e.g. packaging, security, shipping costs).
- The right of withdrawal is not granted to the Consumer / Entrepreneur in the case of contracts: in which the subject of the service is delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; in which the subject of the service are Goods that deteriorate quickly or have a short shelf life; in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the Consumer / Entrepreneur or serving to satisfy his individual needs; if the Store has fully performed the service with the express consent of the Consumer / Entrepreneur, who was informed before the service begins that after the performance of the service by the Store, he will lose the right to withdraw from the contract; delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer / Entrepreneur before the deadline to withdraw from the contract and after informing him by the Store about the loss of the right to withdraw from the contract; in which the subject of the service are Goods that after delivery, due to their nature, are inseparably connected with other Goods.
- Based on Article. 31 of the Consumer Rights Act of 30 May 2014, in the event of withdrawal from a distance contract or a contract concluded outside the business premises, the contract is considered not concluded.
- The Consumer / Entrepreneur is responsible for reducing the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning.
IX. Services provided by electronic means
- The Store provides the following services by electronic means: maintaining a Customer Account.
- The services specified in point 1 are provided 7 days a week, 24 hours a day.
- Service: maintaining a Customer Account - consists of providing an individual panel with the possibility of viewing order history and data editing. The contract is concluded by filling in the appropriate forms on the Store's websites.
- Resignation from services provided electronically is possible at any time without incurring any additional costs. The resignation takes place depending on the service provided: maintaining a Customer Account - by sending an e-mail to the address provided in paragraph 1. The message should contain data enabling verification of the subscriber of the service.
- The Store, in the event of detecting actions to the detriment of the Store, breaking the law, breaking the provisions of the Terms and Conditions, may at any time block or remove the Customer's access to the services specified in paragraph 1. The Store informs the Customer about blocking or limiting access to services via e-mail, sent to the address provided in the form.
- The services are provided indefinitely, however, the Store may limit, block or modify access to them, informing the Customer about it in the manner specified in paragraph 12 point 4.
- Both the Customer and the Store may terminate the contract for the provision of services specified in point 1 at any time by sending an e-mail with a declaration of will.
X. Privacy protection
XI. Technical measures
XII. Entry into force and changes to the terms and conditions
- Terms and Conditions come into force on the day of publication on the Store's website.
- Terms and Conditions may change.
- Amendments to the Terms and Conditions will be published on the Store's website.
- Information about changes to the Terms and Conditions will be sent to the Customer’s e-mail address indicated in the account settings.
- Amendments to the Terms and Conditions come into force after 14 days from the date of their publication in the manner specified in paragraph 3.
- The Store considers that the Customer who has an account on the Store's websites has accepted the changes to the Terms and Conditions, if he has not terminated the contract by the end of the period indicated in paragraph 5.
- In matters not covered by the provisions of these Terms and Conditions, Polish law shall apply.