The following Terms and Conditions define the rules and manner of sales conducted by K&A Arkadiusz Kosiarski with headquarters in Bytom, through the online store www.ka-plus.pl (hereinafter referred to as: “Online Store”) and sets out the terms and conditions for the provision by K&A Arkadiusz Kosiarski of free electronic services.
§ 1 Definitions
1. Working days – means the days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering the Goods specified in the order to the Client by the Seller, through the Supplier.
3. Deliverer – shall mean the entity cooperating with the Seller with regards to delivery of the Goods:
a) Poczta Polska Spółka Akcyjna with its registered office in Warsaw;
b) InPost Paczkomaty Sp. z o.o. with its registered office in Cracow that provides services of Delivery and operates a system of post office boxes (Paczkomaty);
4. Password – shall mean a sequence of letter, digital or other characters chosen by the Customer during the Online Shop registration process, used in order to secure access to the Customer’s Account in the Online Shop.
5. Client – means an entity to whom, in accordance with the Regulations and provisions of law, electronic services may be provided or with whom a Sales Agreement may be concluded.
6. Consumer – means a natural person making a legal transaction with the entrepreneur that is not directly related to their business or professional activities.
7. Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller, after the registration by the Customer and the conclusion of the agreement for the provision of service Maintaining the Customer’s Account.
8. Login – means an individual designation of the Customer, established by him or her, consisting of a sequence of letter, digital or other characters, required together with a Password to set up a Customer Account in the Online Store. Login is a proper e-mail address of the Customer.
9. Entrepreneur – means a natural person, or an organizational unit that is not a legal person, which is granted legal capacity by the act, conducting business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
10. Regulations – means these Regulations.
11. Registration – means an actual action carried out in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Store.
12. Seller – means K&A Arkadiusz Kosiarski, ul. Felińskiego 23/1A
41-923 Bytom, NIP PL6262591695, registered in the Centralna Ewidencja i Informacja o Działalności Gospodarczej, kept by the Minister of Development; e-mail: [email protected], being at the same time the owner of the Internet Shop.
13. Store’s website – means the website under which the Seller runs an Internet Store, operating in the domain ka-plus.pl.
14. Goods – means a product presented by the Seller via the Store’s website, which may be the subject of a Sales Agreement.
15. Permanent carrier – shall mean material or tool that allows the Client or the Seller to store information addressed personally to him in a way that allows access to information in the future for a time appropriate to the purposes of such information and that allows the reproduction of stored information in an unchanged form.
16. Sales Agreement – means a contract of sale concluded at a distance, on the terms specified in the Terms and Conditions, between the Customer and the Seller.
§ 2 General provisions and use of the Online store
1. All rights to the Online Store, including property copyright, intellectual property rights to its name, its domain, Store website, as well as to the patterns, forms, logos on the Store’s website (with the exception of logos and photographs presented on the Store’s website for the purpose of presentation of goods, which are the copyright of third parties) belong to the Seller, and the use may be performed only in the manner specified and in accordance with the Terms and with the consent of the Seller expressed in writing.
3. In order to place an order at the Online Store via the Store website and in order to use the services available at the Online Store, it is necessary for the Customer to have an active e-mail account.
4. It is forbidden to provide content of an unlawful nature and use by the Customer of the Online Store, Store’s website or free services provided by the Seller, contrary to the law, morality or violating the personal interests of third parties.
5. Seller declares that the public nature of the Internet and use of services provided electronically may be associated with the risk of obtaining and modifying customer data by unauthorized persons, so customers should use appropriate technical measures to minimize the above risks. In particular, they should use anti-virus software and identity protection software for Internet use. The Seller shall never ask the Client to provide him with the Password in any form.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to make a free registration.
2. Registration is not necessary to place an order in the Online Store.
4. In order to register, the Customer should complete the registration form made available by the Seller on the Store’s website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During the registration the Client sets an individual Password.
5. While completing the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by marking the appropriate field in the form.
6. During the Registration process the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Client’s personal data, as well as about known or anticipated recipients of these data.
7. Customer’s consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of electronic services for maintaining a Customer Account. Consent can be withdrawn at any time, by submitting an appropriate statement of the Client to the Seller. The statement can be, for example, sent to the address of the Seller via e-mail.
8. After submitting a completed registration form, the Customer receives immediately, via e-mail to the e-mail address provided in the registration form, confirmation of registration by the Seller. At this moment the agreement on provision of electronic services for running a Client Account is concluded, and the Client has the possibility to access the Client Account and make changes to the data provided during the Registration.
§ 4 Orders
1. Information contained on the Store website do not constitute an offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a contract of sale.
2. Customer can place orders at the Online Store via the Store’s website or e-mail 7 days a week, 24 hours a day.
3. Customer placing an order through the Online Store website, completes the order by choosing the goods that he is interested in. The Goods are added to the order by selecting the “Add to basket” command under the given Goods presented on the Store’s website. After completing the whole order and indicating in the “cart” the Delivery method and method of payment, the Client places the order by sending an order form to the Seller, selecting the “Proceed to the processing of the order” button on the Store’s website. Each time before sending the order to the Seller, the Client is informed about the total price of the chosen Goods and Delivery, as well as all additional costs he is obliged to incur in connection with the Sales Agreement.
4. Placing an order constitutes a submission of an offer to conclude a Contract of Sale for the Goods being the subject of the order by the Client to the Seller.
5. After placing an order, the Seller sends to the e-mail address provided by the Client a confirmation of its submission.
6. After confirming the order, the Seller sends to the e-mail address provided by the Client information about accepting the order for processing. Information on the adoption of the order for processing is a statement of the Seller to accept the offer, referred to in § 4 paragraph 9 above, and the moment of its receipt by the Customer the Sales Agreement is concluded.
7. After concluding a Sales Agreement, the Seller confirms to the Customer its terms and conditions by sending them on a durable medium to the e-mail address of the Customer or in writing to the address specified by the Customer during the Registration or order placement.
§ 5 Payments
1. The prices on the Store’s website displayed next to the Goods are gross prices and do not include information about the costs of delivery and any other costs that the Customer will be required to incur in connection with the sales contract, of which the Customer shall be informed when choosing the method of delivery and placing an order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer through an external payment system Tpay, operated by the company Krajowy Integrator Płatności S.A. with its registered seat in Poznań (in this case, the processing of the order will be initiated after the Seller has sent the Client a confirmation of acceptance of the order and after the Seller has received information from the Tpay system that the payment has been made by the Client);
a) payment by card through an external payment system Stripe, operated by Stripe, Inc., based in San Francisco and Dublin (in this case processing of the order will be initiated after the confirmation of order acceptance is sent to the Customer by the Seller and after the Seller receives information from the Stripe system that the payment has been made by the Customer);
c) cash on delivery – payment in Store (in this case the order will be processed immediately after the Seller sends the Client a confirmation of order acceptance, and the Goods will be released in the Seller’s store);
3. The Client is each time informed by the Seller on the website of the Store of the date on which it is required to make payment for the order in the amount resulting from the sales contract.
4. In case of failure by the Customer to make payment within the period referred to in § 5.3 of the Terms and Conditions, the Seller shall set an additional time limit for payment to the Customer and inform the Customer about it on a durable medium. The information about the additional time limit for payment shall also include information that upon ineffective lapse of this period, the Seller shall withdraw from the Sales Agreement. In the case of ineffective expiry of the second payment period, the Seller shall send to the Customer, on a durable medium, a statement of withdrawal from the contract, pursuant to Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller carries out the Delivery worldwide.
2. The Seller is obliged to provide Goods being the subject of the Sales Agreement without defects.
3. The Seller publishes on the website of the Store information about the number of working days needed for delivery and order processing.
4. Delivery and processing time indicated on the Store’s website is counted in business days in accordance with §5 paragraph 2 of the Terms and Conditions.
5. Ordered goods are delivered to the Customer via the Supplier to the address specified in the order form.
In the case of choosing InPost Paczkomaty Sp. z o.o. with a seat in Bytom as the Deliverer, the delivery address shall be the address of the parcel machine chosen by the Customer while placing the order.
6. On the day of sending the Goods to the Client (if you have not chosen the possibility of personal collection of the Goods), information confirming the sending of the package by the Seller is sent to the Client’s e-mail address.
7. The Client is obliged to examine the delivered shipment at the time and in the manner adopted for shipments of this type. If there is a defect or damage to the parcel, the Customer has the right to request an employee of the Deliverer to write an appropriate protocol.
8. The Client has the possibility to collect the ordered Goods in person. The collection can be done in Katowice, Bytom or Gliwice after prior arrangement with the Seller of the collection date via e-mail or phone.
9. Receipt or VAT invoice is sent by the Seller via e-mail.
10. In case of absence of the Customer at the address specified by them when placing the order as the address of delivery, an employee of the Supplier will leave an advice note or attempt to contact by phone to determine the time when the Customer will be present. If the ordered Goods are sent back to the Online Store by the Supplier, the Seller shall contact the Client via e-mail or telephone, setting again with the Client the date and cost of Delivery.
§ 7 Warranty
1. The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Client if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Client may:
a) make a declaration of price reduction or withdraw from the Sales Agreement, unless the Seller shall immediately and without undue inconvenience for the Client replace the defective Goods with Goods free from defects or remove the defects.
This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to satisfy the obligation to replace the Goods with goods free from defects or remove defects. Instead of the removal of defects proposed by the Seller, the Client may demand replacement of the Goods for goods free from defects or, instead of replacement of the Goods, demand removal of defects, unless bringing the Goods into conformity with the agreement in the way selected by the Client is impossible or requires excessive costs in comparison with the method proposed by the Seller. In the assessment of excessive costs, the value of the Goods free from defects, type and significance of the defect, as well as inconvenience to which the Client would be exposed in another way of satisfaction shall be taken into account.
b) request replacement of the defective Goods with Goods free from defects or removal of defects. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience for the Client.
The Seller may refuse to satisfy the Client’s request if bringing the defective Goods into conformity with the Sales Agreement in a manner selected by the Client is impossible or, compared with other possible ways of bringing them into conformity with the Sales Agreement, would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
3. The Customer who exercises rights under the warranty is obliged to deliver defective goods to the address of the Seller. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
4. The Seller allows the Customer who is a Consumer, to take advantage of out-of-court settlement of consumer disputes. The competent entity for the Seller is Wojewódzki Inspektorat Inspekcji Handlowej w Krakowie, ul. Brata Alberta 4
40-951 Katowice, http://www.katowice.wiih.gov.pl/.
§ 8 Complaints
1. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may submit in writing to the address of the Seller.
2. The Seller within 14 days of the request containing the complaint, will respond to the complaint of the Goods or complaint related to the implementation of the Sales Agreement reported by the Client.
3. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the address [email protected]. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with an answer.
§ 9 Warranty
1. Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or distributor. 2.
2. In the case of Goods covered by the guarantee, information about the existence and content of the guarantee is each time presented on the website of the Store.
§ 10 Withdrawal from the Sales Agreement
1. Customer who is a Consumer who has concluded a Sales Agreement, may withdraw from it within 14 days without giving any reason, provided that the original packaging or the company seal in the case of used goods.
2. Time limit for withdrawal from the Sales Agreement starts at the moment of taking possession of the Goods by the Consumer.
The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal. This statement may be submitted for example in writing to the address of the Seller, by e-mail to the address of the Seller. 3.
3. In the case of withdrawal from the Sales Agreement, it is considered as not concluded.
4. If the Consumer has made a statement of withdrawal from the sales contract before the Seller accepted his offer, the offer ceases to be binding.
5. Seller is obliged to immediately, no later than 14 days from the date of receipt of notice of withdrawal from the Sales Agreement by the Consumer, to return to him all payments made by him. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Client of evidence of returning the Goods, depending on which event occurs first.
6. If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest (personal collection) ordinary way of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him.
7. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline it is sufficient to send back the Goods to the address of the Seller before expiry of this period.
8. In the case of cancellation of the Consumer Customer shall bear only direct costs of returning the Goods.
9. If due to its nature the Goods can not be returned in the usual way by mail, the Seller shall inform the Consumer about the cost of returning the item on the Shop website.
10. The Consumer shall be liable for diminished value of the Goods resulting from the use of it in a manner beyond that necessary to determine the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment to the bank account specified by the Consumer.
12. The right of withdrawal shall not apply to the Customer who is the Consumer in relation to contracts in which the subject of the provision are audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery.
§ 11 Free services
1st Seller provides to customers, by electronic means, free services:
a) Contact form;
b) maintaining a Customer Account;
Second Services referred to in §11.1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and manner of access to selected listed services, about which will inform the Customers in a manner appropriate for the amendment of the Terms and Conditions.
4. Contact Form service is to send a message to the Seller using the form on the Store website.
5. Resignation from the service free of charge Contact Form, is possible at any time and consists in stopping sending questions to the Seller.
6. A Customer Account service is available after registration on the terms described in the Terms and Conditions and involves providing a dedicated panel on the Store’s website, allowing the Customer to modify the data provided during registration, as well as tracking the status of orders and history of orders already completed.
7. A client who has registered may request removal of the Account to the Seller, and in the case of request for removal of the Account by the Seller, it can be removed up to 30 days from submission of the request.
8. The Seller is entitled to block access to the Client’s Account and free services, if the Client acts to the detriment of the Seller or other Clients, violation by the Client of the law or provisions of the Terms and Conditions, as well as when blocking access to the Client’s Account and free services is justified by security reasons – in particular: breaking security of the Store’s website by the Client or other hacking activities. Blocking access to a Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to a Customer Account and free services. The Seller shall inform the Client about blocking access to the Client’s Account and free services by e-mail to the address provided by the Client in the registration form.
§ 12 Responsibility of the Client with regard to the content placed by them.
1. By posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with his business. The Seller is not a content provider, but only an entity that provides the relevant data communications resources for this purpose.
2. The Customer represents that:
a) they are entitled to use the author’s economic rights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that comprise the content;
c) expresses consent to access the published content by other Clients and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) consents to the development of works within the meaning of the Act on Copyright and Related Rights. 3.
3. The Customer shall not be entitled to:
a) include, as part of using the services referred to in §11 of the Regulations, personal data of third parties and disseminate images of third parties without the legally required permission or consent of the third party;
b) place, as part of the use of the services referred to in §11 of the Regulations, content of an advertising and/or promotional nature. 4.
4. The Seller shall be liable for the content posted by Clients on condition that they receive notification in accordance with §13 of the Regulations.
5. It is prohibited for the Customers, while using the services referred to in §11 of the Regulations, to place content that could, in particular:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b) violate any rights of third parties, including rights related to copyright protection and related rights, industrial property rights protection, business secrets or related to confidentiality obligations;
c) be offensive in nature or constitute a threat directed at other persons, or contain vocabulary violating good morals (e.g. through the use of vulgarisms or expressions commonly regarded as offensive);
d) be contrary to the interests of the Seller;
e) violate in any other way the provisions of these Terms and Conditions, decency, provisions of applicable law, social norms or customs.
6. In the case of receipt of notification in accordance with §13 of the Regulations, the Seller reserves the right to modify or remove any content posted by Clients within the use of services referred to in §11 of the Regulations, in particular with respect to content which, based on reports from third parties or relevant authorities, has been found to violate these Regulations or applicable laws. The Seller does not conduct ongoing monitoring of the posted content.
7. Customer agrees to the free use by the Seller of the content placed by him on the Store’s website.
§ 13 Reporting a threat or violation of rights.
1. In case when a Customer or any other person or entity believes that the content published on the Store website violates their rights, personal interests, decency, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or under the obligation, may notify the Seller of the potential violation.
2. Seller notified of a potential violation, takes immediate action to remove from the Store website, the content that is the cause of infringement.
§ 14 Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients who are Entrepreneurs, the Seller is liable only in case of intentional damage and within the limits of losses actually incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Shop website.
3. In the event of a dispute on the basis of a sales contract, the Site will seek to resolve the matter amicably. The law applicable to resolving any disputes arising under these Terms and Conditions is Polish law.
4. The Seller informs the Customer who is a Consumer of the possibility to use out-of-court complaint handling and claim investigation procedures. The rules of access to these procedures are available at the headquarters or on the website of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Urząd Ochrony Konkurencji i Konsumentów at http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller informs that at http://ec.europa.eu/consumers/odr/ available is a platform for online dispute resolution between consumers and businesses at EU level (ODR platform).
5. Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions are implemented on the basis of the Terms and Conditions, which were in force on the date of order placement by the Customer. The change of the Terms and Conditions comes into force within 7 days from the date of publication on the Store’s website. The Seller will inform the Customer, 7 days before the new Terms and Conditions come into force, about the change of the Terms and Conditions by a message sent via e-mail, containing a link to the text of the changed Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions is obliged to notify the Seller about this fact, which results in termination of the contract in accordance with the provisions of § 15 of the Terms and Conditions.
6. The Terms and Conditions come into force on 1.04.2021.