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Conditions of Use
Introduction
The online shop available at https://www.k2action.eu/ (hereinafter referred to as the "Online Shop") is operated by Krzysztof Kleszyński conducting business activity under the name Krzysztof Kleszyński, K2Dnn.net at the address Siekierczyna 58, 34-600 Limanowa, NIP: 6762079753, REGON: 121815429.
Seller's contact details:
- e-mail address: sales@k2action.eu,
- telephone: +48 18 332 99 47,
- mobile: + 48 732 242 688.
This document (which also constitutes the terms and conditions within the meaning of the Act of 18 July 2002regarding the provision of electronic services) hereinafter referred to as the "Terms and Conditions", sets out the types and scope of electronic services provided via the Online Store, the rules for concluding sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the Customer and the Seller, as well as the procedure for withdrawal from the contract and the complaints procedure.
I. Definitions
1.
Online Store – the online store available at https://k2action.eu/.
2.
Seller – Krzysztof Kleszyński conducting business activity under the name Krzysztof Kleszyński, K2Dnn.net at the address Siekierczyna 58, 34-600 Limanowa, NIP: 6762079753, REGON: 121815429.
3.
Client - a natural person, a legal person or an organisational unit without legal personality to which the law grants legal capacity, concluding a contract with the Seller,
4.
Consumer - a natural person carrying out with the Seller a legal transaction not directly related to their business or professional activity.
5.
Service – electronic services provided by the Seller via the Online Shop.
6.
Sales contract – a distance contract concluded between the Client and the Seller via the Online Shop, the subject of which is the purchase of the Goods.
7.
Goods – a product, a movable item which the Client purchases via the Online Shop.
8.
Customer account – a set of resources in the Seller's ICT system in which information about the Client is collected, including address information and order history.
9.
Order form – a form available in the Online Shop enabling a purchase to be made.
10.Registration form – a form available in the Online Store enabling the creation of a Customer Account.
11.
Newsletter – a service enabling subscription to and receipt by electronic means of free information about the Seller's Goods and promotions.
12.
Working Day - one day from Monday to Friday excluding public holidays.
II. General provisions
1.
The Seller undertakes to provide services to the Customer to the extent and on the terms set out in the Terms and Conditions.
2.
The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social coexistence.
3.
A Customer using the Seller's Services is obliged to comply with these Terms and Conditions.
4.
The Seller observes the principles of personal data protection for Customers provided for by Regulation (EU) 2016/679 of the European Parliament and of the Council of
27.04.2016
on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
5.
The Customer consents to the collection, storage and processing by the Seller of personal data for the purpose of performing the ordered service.
The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the Online Store's "Privacy Policy".
6.
Where goods are covered by a manufacturer's guarantee, the guarantee does not exclude or limit the Buyer's ability to exercise rights arising from the warranty for defects in the goods.
7.Items available in the Online Shop are new, free from physical and legal defects.
8.
The items have been lawfully placed on the Polish market.
The information concerning the Item contained on the Online Shop website constitutes an invitation to conclude a contract within the meaning of Art.
71 of the Act of 23 April 1964.
Civil Code.
9.
All prices given on the Online Shop website are gross prices including VAT, customs duties and other components.
10.The Seller reserves the right to make changes to the prices of the Goods available in the Online Store, to introduce new Goods as well as to carry out and cancel promotional campaigns or to make changes to ongoing promotions.
III. Services and general terms and conditions of service provision
1. By means of the Online Store, the Seller provides electronic services consisting in:
a) enabling the completion of an order form for the purpose of concluding contracts of sale,
b) enabling registration and maintenance of a customer Account,
c) sending Customers information about promotions and Goods in the form of a "Newsletter".
2.
The services specified in para.1 are provided free of charge.
3.
The contract for the provision of electronic services in the form of enabling the completion of the order form is concluded with the Customer for a fixed term at the moment when the Customer begins to complete the form and is terminated upon withdrawal from completing the form or upon sending the completed form to the Seller.
4.
The contract for the provision of electronic services in the form of enabling the registration and maintenance of a customer Account is concluded with the Customer for an indefinite term at the moment of their registration in the Online Store.
5.
The contract for the provision of the "Newsletter" service by electronic means is concluded for an indefinite term at the moment the Customer subscribes to the "Newsletter" service using the functionality available on the Online Store website.
6.
The creation of a customer Account ("registration") is carried out using the functionality available on the Online Store website – the Registration Form.
7.Having a Customer Account is required to place an order for Goods available in the Online Shop.
8.
Technical requirements necessary to use the services provided by the Seller:
a) a device with Internet access,
b) an internet browser that supports Cookies,
c) access to email.
9.
The Customer bears the costs associated with Internet access and data transmission in accordance with their internet service provider's tariff.
IV. Sales Contract
1.
A Customer with a registered office or habitual residence in the territory of European Union member states is entitled to conclude sales contracts with the Seller.
2.
a) via the Order Form available in the Online Store 24 hours a day, 7 days a week,
b) by telephone at +48 18 332 99 47 or +48 732 242 688 on business days between 8.00 and 16.00,
c) electronically to the Seller's e-mail address sales@k2action.eu.
3.
In order to place an order via the Order Form, the Customer selects the Goods available in the Online Store, specifying the quantity they intend to purchase and, where possible, indicating the characteristics of the product being ordered.
After selecting the Goods (adding the Goods to the "basket" via the functionality available in the Online Store), the Customer completes the Order Form, providing therein the data necessary for the Seller to fulfil the order.
4.
5. To place an order electronically, the Customer provides the Seller with information about the ordered Goods and the data necessary to fulfil the order, in particular identification data, address data and data enabling contact regarding the order (telephone number, e-mail address).
6. After receiving the order, the Seller sends the Customer, by electronic means to the e-mail address provided during order placement, a statement of acceptance of the order. The Seller then, after verifying the possibility of fulfilling the order, sends the Customer a message confirming the order.Upon the Customer's receipt of the order confirmation message, a contract of sale is concluded.
7. The order confirmation message contains the agreed terms of the contract of sale, in particular the quantity and type of the ordered Goods, the total price payable together with the delivery costs and the amount of any discounts granted (if applicable).
V. Order fulfilment time and delivery
1.
The Seller fulfils orders in the order in which they are received (taking into account points VI sections 3-4 of these Terms and Conditions).
2.
The order fulfilment time consists of the preparation, assembly, packaging and dispatch of the Goods by the Seller.
The average order fulfilment time for Goods available in the Seller's warehouse is 2 working days.
In the case of Goods made to the Customer's individual order, the order fulfilment time may be extended.
3.
The possible delivery time of the Goods to the Customer by the carrier, in accordance with the delivery method chosen by the Customer, should be added to the order fulfilment time.
4.
Orders are released for delivery to the carrier only on working days.
5.
Upon receipt of the parcel, the Customer should carefully check the condition of the packaging and its contents.
If any damage or other irregularities are found, the Customer should, in the presence of the courier, draw up a damage report and notify the Seller.
6.
The Seller offers personal collection of the Goods at a stationary point at the address Siekierczyna 58, 34-600 Limanowa.Personal collection is available on working days from 8.00 a.m. to 4.00 p.m., after the Seller has confirmed in advance that it is possible.
VI. Payment methods
1. The Seller offers the following payment methods:
a) advance payment by electronic transfer via the PayU electronic payment system operated by PayU S.A.
ul.
Grunwaldzka 186, 60-166 Poznań, in accordance with the PayU payment system terms and conditions;
b) advance payment via the Przelewy24 system operated by PayPro SA ul.Kanclerska 15, 60-327 Poznań, in accordance with the website terms and conditions (https://www.przelewy24.pl/regulamin);
c) prepayment by electronic transfer via the PayPal electronic payment system, operated by PayPal (Europe) S.a.r.l.
et Cie, S.C.A;
d) prepayment by traditional bank transfer to the Seller's bank account indicated in the message confirming acceptance of the order;
e) cash on delivery at the time of collection of the Goods at the Seller's physical location.
2.
The Customer is obliged to make payment within 7 working days from the date of conclusion of the contract.
In the event of non-payment within the specified period, the sales contract may be terminated.
3.
The Seller begins to process the order upon the crediting of payment to the bank account or receipt of information from the electronic payment system operator that the Customer has correctly made the payment.
4.In the case of cash on delivery at a physical point, the Seller proceeds to perform the contract after confirming the order.
5.
The Seller documents the sale of the Goods with a receipt or VAT invoice.
Proof of purchase is delivered to the Customer together with the Goods or electronically to the e-mail address provided by the Customer when placing the order.
VII. Warranty for defects in the Goods
1.
In accordance with Art.
556 of the Act of 23 April 1964
Civil Code, the Seller is liable to the Customer if the sold Goods have a physical or legal defect.
The Seller is released from liability under the warranty if the Customer knew about the defect at the time of concluding the contract.
2.Delivery of the Goods as part of the exercise of rights under the warranty for defects shall be at the Seller's expense.
3.
The Seller shall be liable under the warranty if a defect is found before the expiry of two years from the date of delivery of the Goods to the Customer.
In the case of used Goods, the Seller shall be liable under the warranty for defects found before the expiry of one year from the date of delivery of the Goods to a Customer who is a consumer.
4.
Notification of defects in the Goods should be sent electronically to sales@k2action.eu or in writing to the Seller's registered address.
The notification may be sent using the form constituting Annex No. 2 to the Terms and Conditions.
5.
If the sold item has a defect, the Customer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective item with one free from defects or removes the defect.This limitation does not apply if the item has already been replaced or repaired by the Seller, or if the Seller has failed to comply with the obligation to replace the item with one free from defects or to remove the defect.
6.
Instead of the removal of the defect proposed by the Seller, the Customer may request the replacement of the item with one free from defects, or instead of the replacement of the item may request the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared with the manner proposed by the Seller.
7.
The Customer may not withdraw from the contract if the defect is insignificant
8.
If it is necessary to assess physical defects, the Goods should be delivered to the address: Krzysztof Kleszyński, K2Dnn.net, Siekierczyna 58, 34-600 Limanowa.
9.
The Seller responds to the Customer's report within 14 calendar days from the date of its receipt.
Failure to consider the report within the specified period is equivalent to its acceptance.
10.The seller covers the costs of collection, delivery, removal of defects or replacement of the Goods with a new one.
VIII. Withdrawal from the sales contract
1.
A Customer who is a consumer, pursuant to Article
27 of the Act of 30 May 2014
on consumer rights, has the right to withdraw from a distance contract without giving a reason.
2.
The right to withdraw from the contract applies within 14 calendar days from the moment the Goods are taken into possession by the Customer or a third party indicated by them other than the carrier.
3.The Customer may withdraw from the contract by submitting a declaration on the form constituting Annex No. 1 to these Terms and Conditions, sending it electronically or to the Seller's postal address.
4.
To meet the deadline specified in paragraph
2, it is sufficient to send the declaration of withdrawal from the contract before its expiry.
5.
The Seller shall promptly confirm to the Customer receipt of the declaration of withdrawal from the contract.
6.
The Seller shall promptly, within no more than 14 calendar days from the day of receipt of the declaration of withdrawal from the contract, refund to the Customer all payments received from the Customer, including the costs of delivery of the goods.
The Seller shall make the refund using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of refund which does not involve any costs for the Customer.
7.If the Seller has not offered to collect the Goods from the Customer itself, the Seller may withhold reimbursement of the payments received until the Seller has received the Goods back or the Customer has supplied evidence of having sent back the Goods, whichever event occurs first.
8.
If the Customer has chosen a method of delivery of the item other than the cheapest ordinary method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred by the Buyer.
9.
The Customer must return the item to the Seller or hand it over to a person authorised by the Seller without undue delay, and in any event no later than within 14 calendar days from the day on which the Customer withdrew from the contract, unless the Seller has offered to collect the Goods itself.
To meet the deadline, it is sufficient to send back the Goods before it expires.
10.
The Customer bears only the direct costs of returning the Goods.
11.The goods must be delivered to the address: Krzysztof Kleszyński, K2Dnn.net, Siekierczyna 58, 34-600 Limanowa.
12.
In the event of withdrawal from the contract, the consumer is liable for any diminution in the value of the goods resulting from handling them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
13.
The right to withdraw from the contract does not apply to the Customer in respect of contracts specified in Art.
38 of the Act of 30 May 2014
on Consumer Rights, including
those where the subject of the performance is a non-prefabricated item produced according to the consumer's specification or serving to meet their individualised needs.
IX.Right to withdraw from distance service agreements and complaints procedure
1.
A Customer who is a consumer has the right to withdraw from a distance service agreement within 14 calendar days from the date of conclusion of the agreement.
2.
Withdrawal from the agreement may be made by submitting a declaration to the Seller electronically at sales@k2action.eu or in writing by post to the Seller's registered address.
Withdrawal from the agreement may be made using the form constituting Annex 1 to this agreement.
3.
In the case of distance service agreements of a continuous and indefinite nature, the Customer has the right to terminate the agreement.
The Customer may terminate the agreement with immediate effect and without giving
reason by sending a notice of termination to the email address sales@k2action.eu
4.The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of the Customer breaching the provisions of these Terms and Conditions.
5.
In the event of non-performance or improper performance by the Seller of services provided via the Online Shop, the Customer is entitled to submit a complaint electronically to sales@k2action.eu.
6.
A properly submitted complaint should include the Customer's identification (first name and surname or company name, residential address or company registered office address and email address), the subject of the complaint together with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint.
7.The complaint is considered by the Seller within 14 calendar days from the date of receipt of the complaint.
X. Provisions concerning entrepreneurs
1.
The provisions of this paragraph apply only to Customers who are not consumers within the meaning of Article
221 of the Civil Code.
2.
The Seller reserves the right to withdraw from the sales contract at any time provided that the Goods have not been released to the Customer, a third party acting on behalf of the Customer or the carrier carrying out delivery to the Customer.
Withdrawal from the contract by the Seller does not give rise to any claims on the part of the Customer against the Seller.
3.The Seller reserves the right to limit the payment methods available in the Online Store.
The Seller reserves the right to request prepayment in whole or in part of the value of the order, regardless of the payment method chosen by the Customer.
4.
Pursuant to Art.
558 of the Civil Code, in the case of sale of Goods to a Customer who is not a consumer, the Seller's liability under warranty is excluded.
5.
Pursuant to Art.
548 §1 of the Civil Code, upon release of the Goods by the Seller to the Customer, a third party indicated by the Customer or a carrier, the benefits and burdens associated with the Goods pass to the Customer, as well as the risk of accidental loss or damage to the Goods.
6.The Seller's liability towards the Customer shall be limited solely to the actual damages incurred by the Customer in connection with the Seller's improper performance of the contract, and the Seller shall be liable up to an amount not exceeding the value of the order placed by the Customer.
XI. Liability
1.
The Seller shall not be liable for the Customer entering incorrect data (in particular by providing incorrect data in the forms available on the website) or for the Customer acting in a manner that hinders or prevents the provision and performance of services by the Seller.
2.The Seller shall not be liable for the effects of the Customer's use of the Online Store in a manner inconsistent with the provisions of the Terms and Conditions, applicable legal regulations and the principles of social coexistence or customs applicable in this respect.
3.
The Seller reserves the right to suspend or terminate the provision of individual functionalities of the Online Store due to the need for maintenance, review or expansion of the technical base or software.
Suspension or termination of the provision of individual functionalities of the Online Store may not infringe the Customer's rights.
XII.Copyright
All content published on the Online Store website (including graphics, text, page layouts and logos) is protected by copyright and is the exclusive property of the Seller. Use of this content without the Seller's written consent will result in civil and criminal liability.
XIII. Final provisions
1.
The Seller reserves the right to amend these Terms and Conditions.
The Seller will notify of any amendment to the Terms and Conditions on the Online Store website at least 14 calendar days before the amendments to the Terms and Conditions come into effect.
Changes to the provisions of the Terms and Conditions do not apply to Customers who placed an order while the previous version of the Terms and Conditions was in force.
Changes to the Terms and Conditions during the course of an ongoing contractual relationship are binding on the other party if the requirements set out in Art.
384 have been met, and the party has not terminated the contract within the termination period of 14 calendar days.
2.
In other matters not regulated by the provisions of these Terms and Conditions, the relevant provisions of Polish law shall apply.
3.
The Customer has the possibility to use out-of-court methods of handling complaints and pursuing claims arising from orders placed in the Shop.These include: in the event of a dispute over property rights arising from sales and service agreements, applying for the case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Voivodeship Inspectorate of Trade Inspection; applying to the Voivodeship Inspector of Trade Inspection in Kraków (http://www.krakow.wiih.gov.pl/) to take action aimed at out-of-court settlement of the dispute on the basis of the Act of 23 September 2016
on out-of-court resolution of consumer disputes (Journal of Laws
of 2016, item
1823).
4.
Irrespective of paragraph
3, the Customer may seek assistance from the municipal (district) consumer ombudsman.
All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl.
5.A Client who is a consumer may also use the electronic means of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.
6.
Disputes arising as a result of the provision of services under these Terms and Conditions shall be submitted for resolution to:
a) a court of general jurisdiction according to the Client's choice in accordance with the applicable provisions of Polish law, if the Client is a consumer,
b) a court of general jurisdiction with jurisdiction according to the Seller's registered office, if the Client is not a consumer.
7.
The Appendices to these Terms and Conditions constitute an integral part thereof.
8.
These Terms and Conditions enter into force on 16 January 2020.
Appendices: