TERMS & CONDITIONS
KODY Wnetrza Design & Concept Store
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§ 1 Introduction
These regulations specify the terms and conditions of use of the online store at http://sklep.kodywnetrza.pl shared by Natalia Kowalska-Dygas leading business under the name KODY Wnętrza Natalia Kowalska-Dygas, Ul. Szwajcarska 9 65-169 Zielona Gora POLAND NIP: PL 9291723178 number: 080 317 594, entered into the Polish Register of Entrepreneurs - Central Registration and Information on Economic Activity (CEIDG) led by the minister responsible for the economy, in particular, specifies rules for submission of procurement and sales contracts using means of distance communication, as well as the use by customers of the services through the online store.
Data for quick communication with the Seller (Address / Contact / complaints):
KODY Wnętrza Natalia Kowalska-Dygas
ul. Szwajcarska 9
65-169 Zielona Góra POLAND
NIP (VAT NUMBER):PL9291723178
tel. +48 609 55 68 22
ING Bank Śląski S.A.
Euro account (EUR):
IBAN: PL 23 1050 1911 1000 0091 4316 6586
Polish zloty account (PLN):
IBAN: PL 26 1050 1911 1000 0090 7244 9458
§ 2 Glossary of Terms
The terms used herein have the following meaning:
- Client - a person, including consumer, who is at least 18 years of age, as well as a legal person or an organizational unit without legal personality, the special provisions confer legal capacity, and which has made or intends to make a contract or use other services via Shop;
- Consumer - a person performing a legal act not directly related to his trade or profession;
- Account (Client Account) - subpage of the Store, in which Client has the option to manage his personal data, and submit orders after logging without having to enter their personal data;
- Regulations - these Terms and Conditions;
- Registration - free activity made using the admin panel provided by the Service Provider at the Shop;
- Shop Online (hereinafter referred also to as "Shop") - Internet service available at http://sklep.kodywnetrza.pl through which a customer can submit orders, and the use of other Services;
- Goods – item which is being offered by Service Provider and which is being bought by Customer;
- The Sales Contract - a contract of sale concluded between the Service Provider and the Client using the means of distance communication through the Shop;
- Service (Service) - a service provided by the Service Provider electronically to the principles set out in the Regulations through the Shop;
- Service Provider (also as a "Seller") - Natalia Kowalska-Dygas conducting business under the name Kody Wnętrza Natalia Kowalska-Dygas, ul. Szwajcarska 9 65-169 Zielona Gora POLAND NIP: PL 9291723178 number: 080317594;
- Order - the Customer constitute an offer to conclude Sales Contracts with the Service Provider, aiming directly for the conclusion of the distance selling through an online store on the type and number of goods subject to Sales Contracts.
§ 3 Customer Responsibilities (Using of the Shop)
The Client is obliged to use the Services offered by the Service Provider accordance with the provisions of Rules and Polish and EU law, as well as not to produce content prohibited by generally applicable laws.
§ 4 Orders
- The Client can submit Orders through the online store seven days a week, 24 hours a day. To submit orders Registration is not necessary.
- To place the Order Client must make a choice, log on to the Client Account or provide the necessary data required by the Seller during the process of submitting orders, and ultimately make a contract taking further steps on the basis of the information displayed to the Client.
- Order is placed when the button "Order with payment obligation" is pressed by the Client.
- During the whole process of submitting Orders, until you press the button " Order with payment obligation " - The Client has the possibility to modify the Orders.
- The condition for an effective placing the Order is read and accept the Rules.
- After placing orders, the customer receives an e-mail containing a final confirmation of all the essential elements of the Sales Contract.
- Upon receipt the confirmation referred to in paragraph 6 above it comes to the conclusion of the sale (of the Sales Contract).
- If after the Customer Order, it turns out that the implementation of the Order in whole or in part is not possible, the Service Provider shall immediately inform the Client via e-mail or telephone. In this case, the Client may cancel the Order in part, the implementation of which is not possible within the time limit or cancel an Order in its entirety.
§ 5 Prices, Payment and Shipping
- Prices in the Shop are given in Euro or PLN and are gross, ie inclusive of VAT.
- Prices do not include delivery costs, which in each case are indicated in the Ordering process. The total value of the Order includes the price of the Goods and delivery costs.
- The Client can pay as follows:
- by bank transfer to the bank account of the Service Provider (prepayment);
- the cash on delivery of the Goods,
- via the service payU (shared payU SA is registered with the District Court Poznań - Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under the number 0000274399, the Company has NIP 779-23-08-495 and the share capital of 4 000 000.00 PLN - fully paid up) - online payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.
- Via the service PayPal (shared PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luksemburg)
- by bank transfer to the bank account of the Service Provider (prepayment)
- Via the service PayPal (shared PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luksemburg)
- Order of the Goods having the status of "AVAILABLE" will be forwarded to the implementation (for shipping) immediately after the conclusion of the Sales Contract, and in the case of payment by bank transfer (prepayment) or for through PayU or PayPal, shipping will be delivered only after the payment for the Goods will be properly received in a bank account, or the PayU’s or PayPal's account of Service Provider (after successful authentication of the transaction).
- In case the Goods are "ON ORDER" and if the Goods are in the description of the status of "AVAILABLE" but the amount of Goods Ordered exceeds the specified number of Goods available to ship such Goods will be determined individually with the Client at each Orders.
- Delivery of Ordered Goods is done by courier or personal collection.
- Delivery costs are indicated in the basket at the time of placing the Order and are varied for different payment methods, and delivery countries and are as follows:
- by bank transfer or via the PAY-U:
- 19 PLN with a total value of Order up to 549 PLN, or
- 0 PLN for Orders with a total value of 550 PLN and above;
- cash on delivery:
- 25 PLN with a total value of Order up to 549 PLN, or
- 0 PLN for Orders with a total value of 550 PLN and above;
- The Czech Republic, Slovakia, Austria, Germany, Hungary, Belgium, Bulgaria, Denmark, Estonia, France, the Netherlands, Lithuania, Luxembourg, Latvia, Romania – 30 EUR or 120 PLN;
- England, Finland, Spain, Slovenia, Spain, Scotland, Sweden, Wales, Italy, Ireland (Eire), Northern Ireland, Greece, Portugal - 35 EUR or 140 PLN;
- Upon the Client receipt the Goods ordered, we suggest that consumer checked the item and indicate that in the case of:
The consumer is entitled to refuse to accept the consignment. In this case, we suggest that you save your comments or notes from the event in the presence of the provider and the Service Provider immediately notified of the situation.
- mechanical damage to the contents of the shipment,
- the incompleteness of the consignment,
- non-compliance contents of the shipment to the subject of the Order,
- The Client who is not a Consumer at the time of receipt of the consignment is required to check its contents. In the event that the damage is obliged to report this fact to the supplier of the Goods and immediately contact the Seller. Complaints relating to mechanical damage of Goods in transit will be considered only after the issuance of a damage protocol signed by the recipient who is not a consumer and the provider charges.
§ 6 Consumer Permission to withdraw from the Sales Contract (the return of the Goods)
Obligations of the Seller in the event of withdrawal
- Save where the exceptions provided for in Article 12 apply, the Consumer shall have a period of 14 days to withdraw from a distance (the Sales Contract), without giving any reason, and without incurring any costs other than those provided in this Rules.
- The withdrawal period referred to in article 1 shall expire after 14 days from:
- the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the Goods or
- in the case of multiple Goods ordered by the Consumer in one order and delivered separately, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last Good;
- in the case of delivery of a Good consisting of multiple lots or pieces, the day on which the Consumer or a third party other than the carrier and indicated by the Consumer acquires physical possession of the last lot or piece.
- Before the expiry of the withdrawal period, the Consumer shall inform the Seller of his decision to withdraw from the Sales Contract. For this purpose, the Consumer may either:
- use the model withdrawal form as set out in Annex I;
- make any other unequivocal statement setting out his decision to withdraw from the Sales Contract.
- Consumer shall have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the Consumer before that period has expired.
- The burden of proof of exercising the right of withdrawal in accordance with this Article shall be on the Consumer.
Obligations of the Consumer in the event of withdrawal
- The Seller shall reimburse all payments received from the Consumer, including, if applicable, the costs of delivery without undue delay and in any event not later than 14 days from the day on which he is informed of the Consumer’s decision to withdraw from the Sales Contract. The Seller shall carry out the reimbursement referred to in the first subparagraph using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.
- Notwithstanding paragraph 6, the Seller shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the trader.
- Unless the Seller has offered to collect the goods himself, with regard to Sales Contracts, the Seller may withhold the reimbursement until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
Exceptions from the right of withdrawal
- Unless the Seller has offered to collect the Goods himself, the Consumer shall send back the Goods or hand them over to the Seller or to a person authorised by the Seller to receive the Goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw from the Sales Contract to the Seller. The deadline shall be met if the Consumer sends back the Goods before the period of 14 days has expired.
- The consumer shall only bear the direct cost of returning the Goods.
- The Consumer shall be liable for any diminished value of the Goods resulting from the handling of the Goods other than what is necessary to establish the nature, characteristics and functioning of the Goods.
- The right of withdrawal does not apply as regards the following:
- service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- the supply of goods made to the consumer’s specifications or clearly personalised;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The Seller indicates that some of the Goods due to their nature, the complete unfolding or assembly are not suitable for re-assembly, or installation, therefore, can not be returned as part of the withdrawal from the Sales Contract. Properties of the Goods referred to in the preceding sentence are always clearly indicated in the description of the Goods. In case of any doubt or confusion, please contact us at email@example.com or call +48 609 55 68 22.
§ 7 Non-compliance of the Goods with the contract (Complaints)
- Service Provider as a seller is liable to the Consumer for non-compliance with the Sales Contract, the sale of the Goods purchased by the Consumer.
- Claims in respect of non-compliance with the Contract of Sale of Goods may be submitted in writing directly to the address of the Service Provider KODY Wnetrza Natalia Kowalska-Dygas, Ul. Szwajcarska 9 65-169 Zielona Gora POLAND or via e-mail sklep@kodywnętrza.pl.
- In the event of non-compliance Consumer should send Seller’s Goods along with a description of non-compliance.
- We suggest to attach proof of purchase in order to streamline the complaint process.
- The service provider shall consider any complaint within 14 days.
§ 8 Guarantee
- On some Goods can be given a guarantee of quality. In this case, the warranty document shows who is responsible for the guarantee, warranty terms are defined, and how to proceed in the event of a defect in the Goods.
- 2. This does not exclude the rights of the Consumer specified in § 7, and the Consumer should choose the form to use.
§ 9 Other rights and obligations
- Client may terminate the agreement for the provision of electronic Services Client Account without specifying the reason by sending an appropriate statement, in particular via electronic mail sklep@kodywnętrza.pl or in writing to the Seller.
- In the case of Clients who are Consumers Service Provider may terminate the agreement for the provision of electronic services where the consumer grossly or persistently violates the Terms, where supplies illegal content, after an unsuccessful call to stop or eliminate violations of the determination of the relevant deadline. The contract for the provision of electronic services in this case expires after 14 days from the date of submission by the Service Provider Consumer declaration of intent of termination.
- In the case of Clients who are not Consumers Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending Customer an appropriate statement.
- The Service Provider provides through the Shop the following Services:
- presentation of Goods,
- Ordering Goods available in the Shop and thereby concluding Agreements on distance selling,
- to inform the Client about the current status of the Orders,
- the ability to use the Clients Accounts,
- Access to the Services referred to in point. 1-3 above does not require Registration.
- Access to the Services referred to point 4 above requires Registration.
- For your safety it is recommended that the device used by the Client had:
- Anty-Virus software with the latest version of virus definitions and updates,
- effective firewall security (firewall),
- installed all available updates the operating system and web browser, which relate to safety,
- activated the function of acceptance of cookies and Java Script in your web browser
- software for reading PDF files.
- Complaints relating to the functioning of the Shop Client may submit in writing to the following address: Kody Wnętrza Natalia Kowalska-Dygas, Ul. Szwajcarska 9, 65-169 Zielona Gora POLAND, e-mail the address firstname.lastname@example.org.
- The Client’s complaint should include name, mailing address.
- Seller will consider the complaint within 14 days.
§ 11 Settlement of disputes
- Settlement of any dispute arising between the Service Provider and the Client, who is a Consumer shall be submitted to the competent courts in accordance with the relevant provisions of the Law for example can be submitted by the European Consumer Centers or by the court with jurisdiction over the Consumer seat.
- Settlement of any dispute arising between the Service Provider and the Client, who is not a Consumer is subjected to a court with jurisdiction over the seat of the Service Provider.
§ 12 Personal data
- Clients’ personal data are processed by the Service Provider with regard to the provisions of law in this field, in particular the Law of 29 August 1997 on the protection of personal data and EU directives.
- The Data Controller is the Seller.
- Facilitate of personal data is voluntary, but not provide the required personal information may prevent Client from submitting Orders.
- All personal data provided are subject to special protection and are processing within EU.
- Everyone has the right to access their personal data and the right to request the update or stop processing.
§ 13 Final Provisions
- The consumer has the right to negotiate the terms of the Regulations. In order to achieve that power Consumer should contact the Service Provider via postal mail, e-mail or phone.
- In cases not covered by these Rules shall apply generally applicable laws.
- Customers can access the Rules at any time and free of charge via the Internet references (ie link) stated on the home page of the Shop and draw its output.
- Rights to the content available in the online Shop, in particular copyright to photos, Shop name, trademarks, service providers and manufacturers of Goods, their constituent graphics, software, and law in the database are protected by law and are entitled to the Service Provider or entities with which the Service Provider has entered into appropriate agreements. Unauthorized copying or other forms of use of any of the Shop without the consent of the Service Provider is prohibited.