- LEGAL STATEMENTS
- HOW TO ORDER
- THE CONDITIONS FOR THE CONCLUSION OF THE (DISTANCE) SALES CONTRACT
- RETURNS, COMPLAINTS, WARRANTY
- THE RIGHT OF WITHDRAWAL
- INTELLECTUAL PROPERTY RIGHTS
- 1 LEGAL STATEMENTS
1.2. The Seller: Kapak Marcin Szolc, ul. Brzozowa 32k, 47-430 Rudy, Poland, NIP: PL6391807387, REGON 240878277, e-mail: firstname.lastname@example.org [Seller]
1.6. We sell through the Internet. It is a public network as described in the legal act: Ustawa z dnia 21 lipca 2000r. Prawo telekomunikacyjne (Dz.U. 2000, nr 73, poz. 852 z późn.zm.).
1.7. Our Offer – goods listed and described on the tabs in our Store. Seller constantly ensures that the Offer was correct, current and consistent with the facts. In the event of a situation in which elements of the Offer will not be available temporarily, Seller will immediately place the information on the website. Our Offer includes brand new goods and free from defects in natural and legal legally marketed in Poland only. Our Offer includes often goods made to the consumer’s specifications or clearly personalised.
1.9. Client’s Account – a virtual space available after the registration process, enabling data management by the Client. He can have one account only. Your account (also your e-mail) cannot be sold or transferred to other individuals.
1.11. The Purchase order – Declaration of intent setting out the Client clearly the nature and quantity of the goods he wants to purchase here. The Purchase order is the vital part of the contract of sale and is also subject to the applicable Polish law.
1.12. The Product – our Offer with the associated services including delivery.
1.13. Client must always supply accurate, correct, non-misleading and complete data to register and purchase here.
- 2 HOW TO ORDER
The Client may order here by:
- The online form called „Formularz Zamówień” using the online basket system.
- The e-mail order.
- The phone order using our special number available on the website under “Kontakt”.
You may order goods (by The Purchase order) here by online form and e-mail 24/7. The phone order is available between 9 am to 5 pm (CET).
2.1. How to use the online form called „Formularz Zamówień”.
- After placing valid order The Seller shall immediately confirm its receipt and accepts it for implementation. By ordering goods you make an offer to buy them. We will always send you an e-mail to confirm that we have received your order. A distance contract is an agreement made between us and a consumer where they are not together, which is negotiated and agreed by one or more organised means of distance communication by phone, post or over the internet. There must be an organised distance scheme for selling goods.
- The contract of sale is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store.
2.2 How to use the e-mail order.
- You may also order goods by sending The Purchase order by e-mail: email@example.com.
- After placing valid order The Seller shall immediately confirm its receipt and accepts it for implementation. By ordering goods you make an offer to buy them. We will always send you an e-mail to confirm that we have received your order.
The contract of sale is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store.
2.3. How to use the phone order:
- The Seller also provides phone to place Purchase orders.
+48 570 000 933 – available Monday to Friday between 7am to 5pm (CET).
- The contract of sale (over the phone) is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store. The Seller is required to confirm the content of the contract of sale established on durable medium (like .pdf file). The Client is required to confirm consent to the conclusion of the contract of sale established on durable medium (like .pdf file).
2.4. Submitting The Purchase order Client gives the following personal data:
- name and surname,
- full address,
- phone number,
- goods chosen,
- chosen method of delivery,
- payment chosen.
In the case of Clients who are not consumers must also provide your company name nad tax identification number.
After placing The Purchase order Store confirms acceptance by e-mail of phone. We have the right to refuse orders, limit the pethod of payment or to require prepayment in case the Purchase order raises legitimate doubts. If these data are not complete Store will contact the Client via their data, and if the make contact is not possible, We have the right to cancel.
2.5. Remember the submission and confirmation of The Purchase orders as indicated above leads to the conclusion of a binding distance sales contract between Seller and Client.
2.6. The start time coincides with the moment of impact due to the bank account of the Seller.
- 3 THE CONDITIONS FOR THE CONCLUSION OF THE (DISTANCE) SALES CONTRACT
3.1 Advertisements, price lists and other information on our goods, in particular their descriptions, technical and performance characteristics and price, are an invitation to conclude the contract of sale in accordance with the applicable Polish law.
3.2 The prices here are in EUR converted according to the current exchange rate of the National Bank of Poland. All given prices are gross prices. Our prices do not include the delivery charges, which are indicated when placing The Purchase order.
3.3. Prices shown on the website are valid at the time the Client orders.
3.4. If the Seller and the Client have otherwise agreed, Seller shall execute the contract concluded at a distance no later than thirty days after the deposit by the Client declaration of intent to contract.
- 4 PAYMENT
4.1. Seller offers the following payment methods:
- By bank transfer:
Bank: ING Bank Śląski S.A. BIC/SWIFT: INGBPLPW
The account for payments in EUR – PL 66 1050 1328 1000 0090 6114 1413
- By electronic payments and credit card payments.
Electronic and credit cards payments are provided by PayPal.
- cash on delivery option is available for delivery on Polish soil only.
4.2. Support for electronic payments and payment cards maintained by:
PayPal (Europe) S.à r.l. & Cie, S.C.A. Société en Commandite par Actions. Oficjalna siedziba: 22-24 Boulevard Royal, L-2449, Luxembourg, RCS Luxembourg B 118 3495.
4.3. The condition of dispatch of the valid purchase order is payment for goods and shipping.
4.4. Store does not apply default paid additional unlawful options.
- 5 DELIVERY
5.1.We currently ship worldwide. We currently use the following carriers to deliver:
- Polish Post S.A. ; Regulations: http://www.poczta-polska.pl
- DPD; Regulations: https://www.dpd.com/group/en/data-privacy-policy/
5.2. Proper delivery costs are indicated when placing orders. They depend on the chosen delivery method, destination country and payment method. Estimated delivery costs are placed here: http://cosyanddozy.com/en/content/1-delivery_and_payment
5.3. Delivery time for the procurement of goods in our Store (warehouse) and marked on the website as “available” (see also §4 4.3), should not exceed 3-5 business days in the case of standard orders.
5.4. Delivery time for goods that are not included in our warehouse is determined individually with the Client.
5.5. We always try to deliver as soon as possible not exceeding the time limits described in the §5 5.3 or general rule described in the §3 3.4.
5.6. Our working days are Monday to Friday. We do not deliver or process orders on bank weekends or holidays. Delivery days exclude weekends and bank holidays.
5.7. Our delivery time is always counted from the date of the contract of sale. The contract of sale is concluded at the moment upon receipt (confirmation) by the Client e-mail form the Store.
5.8. We cannot be held liable for actions of the carrier. You are personally obliged to check the parcel for any damages. In case of damage confirmed make please valid protocol in the carrier’s presence. You have the right to refuse to accept a damaged parcel.
- 6 RETURNS, COMPLAINTS, WARRANTY
6.1. All Clients have the right to file complaints regarding Our Offer using a warranty or guarantee. We strongly advise to contact us prior your complaint. That will always help us to resolve any problem more efficient. All complaints are handled and resolved fairly, confidentially and efficiently within 14 days. If things go wrong it is always the Seller who should put things right. If you are not satisfied with the quality of goods or services you should:
- Act as soon as you can – a delay can indicate that you have accepted faulty goods.
- Do not attempt to repair what went wrong yourself or give it to anyone else to repair it.
- Make sure that you have a proof of purchase (invoice or receipt).
It is obviously better to avoid problems so raise any concerns that you may have as the work progresses. Where possible, make yourself available for us to contact you so that we can raise any issues that come up. All goods offered by the Store are covered by a one year guarantee as described in the attached documents.Seller is obliged to provide the customer product without defects. Detailed information on the Seller’s liability due to a defect of the goods and Client permissions are specified on the : https://kapak-store.pl/en/privacy-policy/
6.2 Reminder: Our Offer includes brand new goods and free from physical and legal defects. Our Offer includes often goods made to the consumer’s specifications or clearly personalised. There are no two identical copies. Please remember that images are for illustration purposes only, goods or products may vary (like colors and wood structure). Be advised that you are solely responsible for checking goods or products carefully before fixing.
The above-described differences may not constitute grounds for complaint.
6.3.We strongly advise to contact us prior your complaint. Our websites and Store itself is provided “as is” without any representations or warranties, express or implied.
6.4. As a general rule, the Seller can repair or replace. Alternatively we can refund the costs of the goods to the consumer.
6.5. All images used are for illustrative purposes only. Individual features and other materials’ colours may vary, as may our goods. Specification is not intended to form part of any contract or warranty unless specifically incorporated in writing into the contract.
6.6. Possible complaints must be submitted in writing to the Seller or the Seller by e-mail in the form of a scan or photo of the letter. The complaint should include: the name or business name and address of the Claimant, the scope of the complaint, the details of the complaint, the signature of the Claimant.
6.7. In the case of justified complaints we repair or replace. Alternatively we can refund the costs of the goods to the consumer.
6.8. In the case of complaint, Clients must return the goods at their own expense return to the Seller’s address.
6.9. The general period of the presumption of defects in the poorly made commodity is one year. The Seller is obliged to prove to the customer that the fault is due to his fault, eg. From improper use.
6.10. Vendors failing to respond within the deadline means that the seller took the complaint to be justified. We shall inform the Claimant of our decision on the complaint by mail or e-mail.
6.11. In the event of a sale that is not a consumer sales excludes the provisions of the warranty according to the Civil Code (PL).
- 7 THE RIGHT OF WITHDRAWAL
7.1. We prefer contact by e-mail: firstname.lastname@example.org
7.2. The Client who has a distance selling contract with the Seller, has the right to withdraw from the contract of sale without giving any reason – within 20 days. To comply with this deadline, you will be sent a statement before its expiry. Deadline 20 days, in which you can withdraw from the contract shall be counted from the date of taking things, and where the contract involves the provision of services – from the date of its conclusion. The cost of return shall be borne by the Seller. The right to withdraw from the contract applies only to the consumer sales, which applies only to the sale of a natural person who is purchasing for purposes unrelated to the activities of professional or business and does not apply to services, the supply of which commenced with the consent of the customer. In order to observe the withdrawal period, it is sufficient for you to have sent the unambiguous declaration about your exercising your right of withdrawal from the agreement before the withdrawal period expires.
7.3.If the Seller and the Client have otherwise agreed the right to withdraw does not include, eg.
- 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.
7.4.In the case of exercise of the right of withdrawal, the Client must return the goods at their own expense return to the Seller’s address along with the data to return. In case of an effective withdrawal, it is considered null and void, and the Client is released from any obligations. This is what the parties testified, is returned unchanged unless a change was necessary in the ordinary course of business. Recovery shall be effected without delay and not later than fourteen days. If the Client has made any advance payments are due from them statutory interest from the date of prepayment.
7.5.If you withdraw from a distance contract the Client shall only be liable for any diminished value of the goods resulting from the handling of the goods other than necessary to establish the nature, characteristics and functioning of the goods.
8.2. During registration, the Client may give voluntary consent to the placement of personal data in the database for processing in connection with the execution of The Purchase orders or to receive commercial information in the form of a newsletter. A customer who has given consent to have the rights set out in the polish legal act: Ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych. (Dz.U.1997, nr 133, poz. 883 z późn. zm.). The Client may receive the newsletter after he select the appropriate option in the “newsletter” section on the website. The easiest way to receive our newsletter is to select the proper option when creating Client’s Account.
8.3. We reserve the right to conduct the marketing activities on our websites.
8.4. We are not liable for incompability of the computer hardware or software used by any Client with our website and Store.
8.5. We guarantee that our staff will use due professional care to provide the best services available.
8.6. We do not warrant that our websites and our database will be constantly available eg. without technical intermissions, time for improves and modifications as services evolve.
8.7. Prohibited unconditionally is the use of our website or Store to store, host, transmit, send, use, publish or distribute any material which consist of or is linked to any malicious software, in particular to transmit or send unsolicited commercial materials.
8.8. Prohibited are all actions that violate the privacy of Clients and Seller.
- 9 INTELLECTUAL PROPERTY RIGHTS
9.1.Unless stated otherwise Sellerowns the intellectual property rights and copyrights in our website and Store including content, materials, and graphical elements unless stated otherwise Subject to the license below, all these intellectual property rights are reserved and protected by the Polish and international law.
9.2. All logos, trademarks, product names, company names, other reserved used here are belong to their respective owners or qualified and are placed with the conset of those entities or for information purposes only.
- Ustawa z dnia 30 maja 2014r. o prawach konsumenta (Dz.U.2014 poz. 827) – shall not apply if the consumer is required to pay an amount not exceeding 50 PLN.
- We provide additional information covering the right to withdrawal here: https://kapak-store.pl/