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Regulations

Terms and conditions of the online store
sklep.kr-poland.pl

 

§ 1
Introductory provisions

  1. The online store sklep.kr-poland.pl (store name), available at sklep.kr-poland.pl , is run by KR POLAND Sp. z o. o. (entrepreneur name) with its registered office in 48-385 Otmuchów, Ogrodowa Street 2 , entered into the National Court Register by the District Court in Opole, 8th Commercial Division of the National Court Register under the KRS number 0000361951 , Tax Identification Number (NIP) 7532405474, National Business Registry Number (REGON) 160344190 

§ 2
Definitions

  1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  2. Seller - KR POLAND Sp. z o. o. (name of the entrepreneur) with its registered office in 48-385 Otmuchów, Ogrodowa Street 2, entered into the National Court Register by the District Court in Opole, 8th Commercial Division of the National Court Register under the KRS number 0000361951, NIP (Tax Identification Number) 7532405474, REGON (National Business Registry Number) 160344190
  3. Customer - any entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
  5. Shop - online shop run by the Seller at sklep.kr-poland.pl
  6. Distance contract - a contract concluded with the Customer as part of an organised system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
  7. Regulations - these regulations of the Store.
  8. Order - a declaration of will of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
  9. Account - the customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
  10. Registration form - a form available in the Store enabling the creation of an Account.
  11. Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Shopping Cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means - in relation to the Product's features - a service agreement and a contract for specific work.

§ 3
Contact with the Store

  1. Seller's address: Stary Paczków 114 (Hala), 48-370 Paczków
  2. Seller's email address:    sklep@kr-poland.pl
  3. Seller's telephone number: 77 402 64 02
  4. Seller's bank account number:
    Santander Bank Polska SA 85 1090 2213 0000 0001 3362 8089
  5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  6. The Customer may communicate with the Seller by telephone between 8:00 a.m. and 4:00 p.m. on business days (Monday - Friday, excluding public holidays)

§ 4
Technical requirements

  1. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users using all popular Internet browsers, operating systems, device types and Internet connection types.
  2. The minimum technical requirements for using the Store Website are a web browser of at least Internet Explorer 11 or Chrome 39 or Firefox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled and accepting cookies.
  3. The Seller uses cookies, which are saved by the Seller's server on the hard drive of the Customer's end device when Customers use the Store Website. The use of cookies is intended to ensure the proper operation of the Store Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause any configuration changes in the Customers' end devices or the software installed on these devices. Each Customer may disable cookies in their end device's web browser. The Seller points out that disabling cookies may, however, cause difficulties or prevent the use of the Store Website.
  4. In order to place an order in the Online Store via the Online Store Website and to use the services available on this Website, the Customer must have an active e-mail account.

§ 5
General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Customers may place orders for Products in the Store's assortment either by creating an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address information to enable Order fulfillment without creating an Account.
  3. The prices listed in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
  5. In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (definitive) price is the total price including all payments for the billing period.
  6. If the nature of the subject matter of the Contract does not allow, reasonably, for the final price to be calculated in advance, information on the method of calculating the price, as well as on transport, delivery, postal services and other costs, will be provided in the Store in the Product description.

§ 6
Creating an Account in the Store

  1. To create an Account in the Store, complete the Registration Form. The following information is required: a valid email address, which will serve as your account login.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and password set in the Registration Form.
  4. The Customer may, at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7
Rules for placing an Order

 To place an Order you must:

  1. log in to the Store (optional);
  2. select the Product that is the subject of the Order and then click the "Add to Cart" button (or equivalent);
  3. log in or use the option to place an Order without registration;
  4. if you have chosen to place an Order without registration - complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if they are different from the details of the Order recipient,
  5. click the “Order and pay” button/click the “Order and pay” button,
  6. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3. 

§ 8
Offered delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    a.      Courier delivery, cash on delivery,
    b. Personal collection available at the address given in § 3.
  2. The Customer can use the following payment methods:
    a.      Online transfer or payment by card - fast payment.
    The entity providing online payment services is Blue Media SA.
    Payment cards:
    * Visa
    * Visa Electron
    * MasterCard
    * MasterCard Electronic
    * Maestro.
    If a refund is required for a transaction made by the Customer with a payment card, the Seller will refund the funds to the bank account assigned to the Ordering Party's payment card.
    b.      Cash on delivery - payment on delivery
    c.      Bank transfer - traditional transfer.
    Deposit to the account: Santander Bank Polska SA 85 1090 2213 0000 0001 3362 8089
    d.      Cash - payment on delivery
    e. Installments - mBank mRaty
  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§ 9
Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by sending an appropriate email to the Customer at the email address provided by the Customer when placing the Order. The email message contains, at a minimum, the Seller's statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above email by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the Customer chooses:
    a. payment by bank transfer, electronic payment, or payment by card, the Customer is obligated to make the payment within 3 calendar days from the date of the Sales Agreement; otherwise, the order will be canceled.
    b. payment by cash on delivery upon delivery, the Customer is obligated to make the payment upon delivery.
    c. payment in cash upon delivery, the Customer is obligated to make the payment upon delivery within 5 days of receiving notification that the shipment is ready for collection.
    d. purchase in installments, the Customer is obligated to complete the credit application procedure available during the order finalization. If the Customer does not receive a positive decision, the order will be canceled.
  4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
  5. When ordering Products with different delivery times, the delivery date is the longest given date.
  6. The beginning of the Product delivery period to the Customer is counted as follows:
    a. If the Customer selects cash on delivery as payment method – from the date of conclusion of the Sales Agreement;
    b. If the Customer selects electronic payment or payment by card – from the moment of obtaining positive authorization;
    c. If the Customer selects bank transfer as payment method – from the date the Seller's bank account is credited;
    d. If the Customer selects "installment purchase" as payment method – from the date the Seller's bank account is credited.
  7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within the time specified in the Product description. The Seller will additionally inform the Customer about the Product's readiness for collection by sending an appropriate email to the Customer's email address provided when placing the Order.
  8. In the case of ordering Products with different readiness dates for collection, the Customer has the option to collect the Products in parts (depending on their readiness for collection) or to collect all Products after the entire order is completed.
  9. The period until the Product is ready for pickup by the Customer begins to run as follows:
    a. If the Customer selects cash on delivery as the payment method – from the date of conclusion of the Sales Agreement.
    b. If the Customer selects electronic payment or payment by card – from the moment of obtaining positive authorization.
    c. If the Customer selects bank transfer as the payment method – from the date the Seller's bank account is credited.
    d. If the Customer selects installment payment – from the date the Seller's bank account is credited.
  10. Product delivery takes place only within Poland.
  11. Product delivery to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Online Store's website in the "Shipping Costs" tab and during the Order placement process, including when the Customer expresses their willingness to be bound by the Sales Agreement.
  12. Personal collection of the Product by the Customer is free of charge.  

§ 10
Right of withdrawal

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 runs separately for each batch or part, from its delivery to the Consumer or a person indicated by him other than the carrier.
  4. In the case of a Contract which involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from the date of taking possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the declaration before the deadline expires.
  6. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
  7. If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  8. Effects of withdrawal from the Agreement:
    a. In the event of withdrawal from a distance Agreement, the Agreement is deemed not to have been concluded.
    b. In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's notice of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivery, excluding additional costs resulting from the Consumer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller.
    c. The Seller shall refund the payments using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not incur any costs for the Consumer.
    d. The Seller may withhold the refund until the Product is received back.
    e. The Consumer should return the Product to the Seller's address specified in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the 14-day period expires.
    f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
    g. The Consumer is only liable for any diminished value of the Product resulting from its use other than what was necessary to establish the nature, characteristics, and functioning of the Product.
  9. The right to withdraw from a distance contract does not apply to the Consumer in relation to the following Contracts:
    a. in which the subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs,
    b. in which the subject of the provision is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons if the package was opened after delivery,
    c. in which the subject of the provision is an item that spoils quickly or has a short shelf life,
    d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, he will lose the right to withdraw from the Contract,
    e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period,
    f. in which the subject of the provision are items which, due to their nature, are inseparably connected with other items after delivery items,
    g. where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
    h. where the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
    i. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    j. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after the Seller informed him of the loss of the right to withdraw from the Agreement,

§ 11
Complaints and warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver the item to the Customer free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
  4. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations.
  5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  6. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer, no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is deemed that the Customer's request was deemed justified.
  7. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
  8. If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

§ 12
Extrajudicial methods of handling complaints and pursuing claims

  1. Detailed information on the Consumer’s possibility of using out-of-court complaint and redress procedures as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php ; http://www.uokik.gov.pl/sprawy_indywidualne.php  and http://www.uokik.gov.pl/wazne_adresy.php .
  2. The Consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:
    a. The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Contract concluded with the Seller.
    b. The Consumer is entitled to refer to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
    c. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).

§ 13
Personal data in the Online Store

  1. The administrator of Customers' personal data collected via the Online Store is the Seller.
  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Act on the Provision of Electronic Services of 18 July 2002. By providing their personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller in order to fulfill the placed order.
  3. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement and, if the Customer consents, also for marketing purposes.
  4. The recipients of the personal data of Customers of the Online Store may be:
    a. In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out shipments on behalf of the Administrator.
    b. In the case of a Customer who uses the Online Store's electronic payment method or payment card, the Administrator makes the collected personal data of the Customer available to the selected entity handling such payments in the Online Store.
  5. The customer has the right to access and correct his or her data.
  6. Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations and required to conclude the Sales Agreement will result in the inability to conclude the agreement.

§ 14
Final provisions

  1. Contracts concluded via the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend these Terms and Conditions for important reasons, including: changes in legal regulations, changes in payment and delivery methods – to the extent such changes affect the implementation of these Terms and Conditions. The Seller will notify the Customer of any changes at least 7 days in advance.
  3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on personal data protection.
  4. Customers have the right to use out-of-court complaint and redress mechanisms. To do this, they can submit a complaint via the EU ODR online platform, available at: https://consumer-redress.ec.europa.eu/ .

 

Annex 1 - Sample withdrawal form

Appendix 2 - Sample complaint form