ONLINE SHOP – TERMS AND CONDITIONS
The following sets out the terms and conditions, as well as the method of sale employed by Rafał Dobrzański, operating under the name ‘Rafał Dobrzański’, based in Bielsko-Biała, via the online shop www.karmello.pl (hereinafter referred to as: “The Online Shop”), and defines the general terms and conditions for provision of free electronic services by Rafał Dobrzański, operating under the name ‘Rafał Dobrzański’, based in Bielsko-Biała.
Art 1. Definitions
- Working days – days from Monday to Friday, excluding public holidays.
- Delivery – the actual act of delivering the ordered Goods from the Seller to the Customer by means of a Supplier.
- Supplier – the courier company cooperating with the Seller in the delivery of Goods.
- Password – a sequence of letters, digits and other characters, selected by the Customer during Registration process in the Online Shop, and used to secure the access to the Customer Account in the Online Shop.
- Customer – an entity for whom, in accordance with these Terms and Conditions, as well as regulations of law, services may be provided electronically, or with whom an agreement for the provision of electronic services may be concluded.
- Consumer – any natural person performing a legal act, which is not directly related to the Consumer’s business or professional activity.
- Customer Account – an individual panel for each Customer, managed by the Seller for the Customer after the Customer has registered and concluded the Contract for Customer Account Management.
- Login – an individual name chosen by the Customer, consisting of a sequence of letters, digits and other characters, and required along with the Password to set up a Customer Account in the Online Shop. The Login is the correct email address of the Customer
- Entrepreneur – a natural person, a legal person or an organizational unit not being a legal person, which has the legal capacity to conduct business or professional activities in its own name, and performs transactions that are directly related to its business or professional activities.
- Terms and Condition – that is these terms and conditions.
- Registration – the physical act made in the manner prescribed in the Terms and Conditions, and required for the Customer to use the full functionality of the Online Shop.
- Brick and Mortar Shop – the place where Customers are served, located at: Bielsko-Biała (43-310), ul. Generała Stanisława Maczka 9.
- Seller – Rafał Dobrzański, operating under the name ‘Rafał Dobrzański’, based at Bielsko-Biała (43-309), ul. Małkowskiego 17a, NIP (tax identification number): 5471018864, REGON (National Official Business Register): 070575588, registered in the Central Electronic Register and Information on Economic Activity managed by the Ministry of Development; e-mail: firstname.lastname@example.org, who is also the owner of the Online Shop.
- Website – the web pages where the Seller runs the Online Shop, operating in www.karmello.pl domain.
- Goods – a product presented by the Seller on the Website, which may be subject of a Contract of Sale.
- Durable Medium – means a material or tool that enables the Customer or Seller to store information addressed personally to him, in a way that allows for accessing the information in the future for a period of time adequate for the purposes for which it is used, and which allows for the reproduction of the stored information in its unchanged form.
- Contract of Sale – means a Contract of Sale concluded remotely between the Customer and the Seller, in accordance with the rules specified in the Terms and Conditions.
Art. 2 General provisions and use of the Online Shop
- All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Website, as well as templates, forms, and logotypes presented on the Website (except logos and images presented on the Website for the purpose of presenting goods, to which copyright belongs to third parties), are owned by the Seller, and using them is only possible with adherence to these Terms and Conditions and with the Seller’s written consent.
- The Seller utilizes cookies, which, when Users use the Online Shop Website, are stored by the server of the Seller on the hard disk drive of the Customer’s end device. The use of “cookies” serves the correct operation of the Online Shop Website on Customers’ devices. This mechanism does not damage the Customer’s end device and does not change the configuration of Customers’ end devices or software installed on those devices. Each Customer can disable the “cookies” in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or make it impossible to access the Online Shop Website.
- In order to place an order in the Online Shop through the Website and to use the services provided electronically via the Website, it is necessary for the Customer to have an active email account.
- It is prohibited for the Customer to provide illegal content and to use the Online Shop, the Website or free services provided by the Seller in a manner that is contrary to the law, morality or violating personal rights of third parties.
- The Seller hereby states that the public nature of the Internet and services provided by electronic means may be associated with a risk of obtaining and modifying Customers’ data by unauthorised persons, hence the Customers should apply appropriate technical measures to minimise the above-mentioned risks. In particular, anti-virus software and software protecting the identity of the Internet users should be used. The Seller will never ask the Customer to provide his password in any form.
Art. 3 Registration
- To create a Customer Account, the Customer must make a free Registration.
- Registration is not required to place an order in the Online Shop.
- In order to register, the Customer should complete the registration form provided by the Seller on the Website, and send the completed form electronically to the Seller by selecting the appropriate function in the registration form. During the registration process, the Customer sets an individual Password.
- While completing the registration form, the Customer can review the Terms and Conditions, accepting their contents by marking the appropriate box on the form.
- During Registration, the Customer can voluntarily consent to processing of his personal data for marketing purposes, by checking the appropriate box on the registration form. In such a case, the Seller clearly informs why the Customer’s personal data is collected, as well as informs the Customer about the intended recipients of such data.
- Conclusion of a contract for electronic Customer Account Management with the Seller shall not be dependent on the Customer’s giving his express consent to the processing of his personal data for marketing purposes. The consent may be withdrawn at any time by the Customer by submitting an appropriate declaration to the Seller. The declaration may be, for example, sent to the Seller via email.
- Once the completed registration form is sent, the Customer will promptly receive an electronic confirmation of Registration from the Seller to the email address provided on the registration form. From that moment, the contract for the provision of the Customer Account Management service is concluded, and the Customer obtains the access to the Customer’s Account, where he can modify the information provided during the Registration process.
Art. 4 Orders
- The information included on the Website does not constitute an offer by the Seller, but, within the meaning of the Civil Code, it is only an invitation for Customers to submit offers to conclude the Contract of Sale
- The Customer can place orders at the Online Shop via the Website, 7 days a week, 24 hours a day.
- The customer placing an order via the Website, completes the order by selecting the Goods of his choice. To add Goods to the order, the Customer presses the “ADD TO CART” button, placed under the desired item presented on the Website. After selecting all the desired items and choosing the shipping method, as well as the form of payment, the Customer places the order by sending an order form to the Seller, selecting the “BUY AND PAY” button on the Website. Each time, prior to sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as of any additional costs the Customer must incur in connection with the Contract of Sale
- Placing the order means submitting an offer by the Customer to the Seller for conclusion of the Contract of Sale of Goods which are the subject of the order.
- After placing the order, the Seller sends a confirmation e-mail to the address provided by the Customer
- After confirming the order, the Seller sends an e-mail to the address provided by the Customer, confirming the acceptance of the order for processing. The information confirming the acceptance of the order for processing is the Seller’s declaration of the acceptance of the offer referred to in Art. 4 (4) above, and upon its receipt by the Customer, the Contract of Sale is concluded
- Upon the conclusion of the Contract of Sale, the Seller confirms its terms and conditions to the Customer, by sending them on a Durable Medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or when placing the order.
Art. 5 Payment
- Prices of the Goods listed on the Website, are gross prices and do not include information on the cost of Shipping or any other costs that the Customer must incur in connection with the Contract of Sale, of which the Customer will be notified when choosing a shipping method while placing an order.
- The Customer can select from the following forms of payment for ordered Goods:
- bank transfer to the Seller’s bank account (in this case, the processing of the order shall commence after the Seller has sent the Customer the order confirmation, and the funds have been credited to the Seller’s bank account);
- bank transfer via PayU external payment system, opeated by PayU S.A. based in Poznań (in this case, the order is processed after the Seller has sent the Customer the order confirmation, and received information about the completed payment from PayU system);
- cash on delivery, payment made to the Supplier on delivery (in this case the processing of the order commences after the Seller has sent the Customer the order confirmation);
- cash on pickup – payment is made in the Seller’s office (in this case the processing of the order commences after the Seller has sent the Customer the order confirmation, and the Goods are released at the Seller’s office).
- The Customer is informed by the Seller via the Website about the deadline, prior to which the payment must be made in the amount specified in the Contract of Sale.
- In the event of default of payment by the Customer within the time limit referred to in Art. 5 (3), the Seller sets an additional deadline for payment by the Customer, and informs the Customer about the fact on a Durable Medium. The information about the additional payment deadline also indicates that after the expiration of that period, the Seller will withdraw from the Contract of Sale. In the event of the expiration of the second deadline for payment, the Seller will send to the Customer on a Durable Medium a statement of withdrawal from the Contract of Sale, based on Art. 491 of the Civil Code.
Art. 6 Shipment
- The Seller ships within the EU.
- The Seller is obliged to deliver the Goods subject to the Contract of Sale, without any defects.
- The Seller provides on the Website information on the number of working days required to deliver the order.
- The date of delivery indicated on the Website is calculated in Working Days, in accordance with Art 5. (2) of these Terms and Conditions.
- The date of delivery indicated on the Website is calculated in working days from the date of conclusion of the Contract of Sale, if the Customer opts for the “cash on delivery” payment.
- The ordered Goods are delivered to the Customer through the Supplier, to the address indicated on the order form.
- On the day of dispatch of the Goods to the Customer (unless the Customer has chosen to collect the Goods personally), the Seller sends the Customer an e-mail, confirming the dispatch of the Goods.
- The Customer is obliged to examine the parcel at the time and in the manner adopted for consignments of this kind. In case of any loss or damage, the Customer is entitled to demand that the Supplier’s employee write down an appropriate notice.
- The customer can collect the ordered Goods personally. The Goods can be collected in the Seller’s office on Working Days, during the opening hours indicated on the Website, after previously arranging the pickup date with the Seller by e-mail or phone.
- If the Customer wishes so, the Seller encloses to the shipped parcel a receipt or an invoice listing the ordered Goods.
- In the absence of the Customer at the address indicated as the Delivery Address, the Supplier’s employee will leave an advice noteor attempt to contact the Customer by phone to determine a date on which the Customer will be present. In the event the ordered Goods are returned to to the Online Shop by the Supplier, the Seller will contact the Customer by e-mail or telephone, to determine a new date and cost of Delivery.
- The Seller ensures the Delivery of Goods free from physical or legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods are faulty, the Customer may:
- request price reduction or withdraw from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the faulty Goods with conforming ones, or removes the defects.
This limitation does not apply if the product has already been replaced or repaired by the Seller or if the Seller did not honour his obligation to replace the faulty Goods with conforming ones or to remove the defects. Instead of the Seller’s proposed removal of the defect, the Customer may demand replacement of the Goods with the conforming ones. Conversely, instead of replacement of the Goods, the Customer may demand removal of the defects, unless it is impossible to bring the Goods to conformity with the contract in the manner chosen by the Customer, or it would involve excessive costs compared with the manner proposed by the Seller. When evaluating the excessive cost, the Seller takes into account the value of the defect-free Goods, the nature and significance of the identified defect, as well as any inconvenience the Customer would face with any other solution.
- demand the replacement of the faulty Goods with conforming ones or demand removal of the defect. The Seller is obliged to replace the defective Goods with conforming ones, or to remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the request of the Consumer if bringing the defective Goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with another possible manner of bringing the defective Goods into conformity with the contract. Repair or replacement costs are borne by the Seller.
- request price reduction or withdraw from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the faulty Goods with conforming ones, or removes the defects.
- The Customer who exercises the powers under warranty, is obliged to deliver at his own expense the defective Goods to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery is borne by the Seller.
- The Seller is liable under the warranty if a physical defect is discovered within two years of the Goods being released to the Customer. A claim for the removal of a defect or the replacement of Goods with conforming ones, expires after one year, but such term may not be terminated before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Contract of Sale or request price reduction due to the Goods being defective. If the Customer demands replacement of the Goods with conforming ones or removal of the defect, the time limit for withdrawing from the Contract of Sale or for requesting price reduction begins on the ineffective expiry of the period for replacement of the Goods or removal of the defect.
- The Seller does not use out-of-court dispute resolution referred to in the Out-of-Court Resolution of Consumer Disputes Act of 23 September 2016.
Art 8. Complaints
- Any complaints relating to the Goods or performance of the Contract of Sale, may be addressed in writing to the Seller.
- Within 14 days of receiving the claim, the Seller will address the complaint about the Goods or performance of the Contract of Sale, submitted by the Customer.
- The Customer can submit to the Seller a complaint regarding the use of free services provided electronically by the Seller. Complaints can be submitted in electronic form and sent to email@example.com . In the complaint, the User must include a description of the problem. The Seller will promptly, but no later than within 14 days, investigate the complaint and reply to the Customer.
Art. 9 Withdrawal from the Contract of Sale
- A Customer who is also a Consumer, who has entered into the Contract of Sale, may, within 14 days, withdraw from it without giving any reason.
- The deadline for withdrawal from the Contract of Sale starts from the moment of acquiring the possession of the Goods by the Consumer.
The Consumer may withdraw from the Contract of Sale by submitting a notice of withdrawal. The notice may be, for example, submitted in writing to the Seller’s address or via e-mail to the address of the Seller. The notice may be submitted on the form available on the Website. To comply with the deadline it is sufficient to send the notice before its expiry.
The Consumer may withdraw from the Contract of Sale by submitting a notice of withdrawal available at: Elektroniczny Formularz odstąpienia. To comply with the deadline it is sufficient to send the notice before its expiry. The seller will immediately confirm to the Consumer the fact of receiving the form submitted via the website.
- When the Consumer withdraws from the contract, it is considered null and void.
- If the Consumer has made a notice of withdrawal from the Contract of Sale before the Seller accepted the Consumer’s offer, the offer ceases to be binding.
- The Seller is obliged to reimburse all payments made by the Consumer, including the costs of delivering the Goods to the Consumer, immediately, and not later than within 14 days from the date of receiving the Consumer’s statement of withdrawal. The Seller may withhold the reimbursement until the Goods have been received back or until the Consumer has provided evidence of the return of the Goods, whichever is the earliest.
- If the Consumer exercising the right of withdrawal opts for a method of delivery other than the cheapest usual way offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
- The Consumer is obliged to return the Goods to the Seller immediately, however not later than within 14 days of the date on which he withdrew from the Contract of Sale. To comply with the deadline, it is sufficient to send the Goods back before the expiry of that period.
- In the event of withdrawal, the Customer who is a Consumer covers only the direct costs of returning the Goods.
- If, due to their nature, the Goods cannot be normally returned by mail, the Seller will inform the Consumer on the Website of the cost of returning the Goods.
- The Consumer is liable for any decrease in the value of the Goods as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller refunds payments using the same form of payment as used by the Consumer, unless the Consumer has expressly agreed to another form of refund, which does not incur any cost for the Consumer.
- The right to withdraw from the Contract of Sale does not apply to Customers who are Consumers for contracts of sale of perishable Goods or Goods with a short shelf life.
- The right to withdraw from the Contract of Sale does not apply to Customers who are Consumers for contracts, where the Goods are products delivered in a sealed package that cannot be returned after opening the package for health protection or hygiene reasons, if the packaging has been opened after the delivery.
Art. 10 Free services
- The Seller provides the following free services to Customers:
- Customer Account Management.
- The services indicated in Art 10 (1) above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to select and change the type, form, time, and method of providing access to certain services, informing Customers about the fact in a manner that is appropriate for amendments to the Terms and Conditions.
- Newsletter services are available for any Customer who enters his e-mail address into the registration form provided by the Seller on the Website. Once the completed registration form has been sent, the Customer promptly receives an electronic confirmation from the Seller to the e-mail address provided on the registration form. From this moment an agreement for the provision of electronic Newsletter service is concluded.
The Customer can additionally check an appropriate box on the registration form during the Registration to subscribe to the Newsletter.
- Newsletter service means sending by the Seller to the email address of Customers e-mail messages with information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed to it.
- Each Newsletter addressed to Customers includes, in particular: information about the sender, filled “subject” field specifying the content of the message, as well as information about the option and the way to opt out of the free Newsletter service.
- The Customer can opt out of the Newsletter at any moment, by unregistering from the subscription via the link stated in each e-mail sent with the Newsletter service or through activation of the corresponding field in the User Account.
- The Customer Account Management service is available after Registration under these Terms and Conditions, and involves providing the Customer with a dedicated panel under the Website, enabling the Customer to modify the data provided during the Registration process, as well as track the status of orders and order history.
- The Customer who has registered with the Website can submit a request to remove the Customer Account, and if such request is submitted, the Seller can remove the account within 14 days of the Customer’s notification.
- The Seller is entitled to terminate the access to the Customer Account and free services, in the event of damage caused by the Customer to the Seller or other Customers, the Customer’s breach of the law or these Terms and Conditions, as well as when terminating access to the Customer Account and free services is justified on grounds of security – in particular, when the Customer breaches the Website’s security measures or pursues other hacking activities. Termination of the access to the Customer Account and free services for the aforementioned reasons continues for the time necessary to resolve the issue that has led to terminating the access to the Customer Account and free services. The Seller notifies the Customer of terminating the access to the Customer Account and free services, by sending an e-mail message to the address specified by the Customer in the registration form.
Art. 11 Personal data protection
- The Seller manages the personal data submitted voluntarily by the Customer, when registering, placing a one-off order, as well as in relation to the provision of electronic services and in other circumstances specified in the Terms and Conditions.
- The Seller processes the personal data of Customers for the purpose of order processing, provision of electronic services and for other purposes set out in the Terms and Conditions. Personal data is processed exclusively in accordance with the law or the Customer’s consent.
- The personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
- The Customer provides his personal data to the Seller voluntarily. However, failure to provide certain data during the Registration process may prevent the Customer from Registering and setting up a Customer Account, as well as placing and processing orders without Registration of the Customer Account.
- Anyone who provides the Seller with his personal data, has the right to access and correct it, or request its removal, and, in cases provided for by law, to request to cease to process his personal data.
- The Seller provides the Customer with the option to remove his personal data from the database, in particular in the event of deletion of a Customer Account. The Seller may refuse to remove personal data if the Customer has failed to pay all the amounts owed to the Seller, has breached the law in force, and the retention of personal data is necessary to clarify the circumstances and determine the liability of the Customer.
- The Seller protects provided personal data and makes every effort to secure it from unauthorized access or use.
- The Seller provides the Customer’s personal data to the Supplier to the extent necessary to complete the Delivery.
- If the Customer opts for the payment by PayU system, his personal data is transferred to the extent necessary for executing the payment to PayU S.A. based in Poznań (60-166), at ul. Grunwaldzka 182, entered into business register managed by the District Court for Poznań – Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register, under KRS number 0000274399.
Art. 12 Termination of the Agreement (not applicable to contracts of sale)
- Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above agreement and the provisions below.
- The registered Customer terminates the agreement for the provision of electronic services by sending the Seller an appropriate statement of intent, using any means of distance communication that enables the Seller to read the Customer’s statement of intent.
- The Seller terminates the agreement for the provision of electronic services by sending the Customer an appropriate statement of intent to the email address provided by the Customer during Registration.
Art. 13 Final Provisions
- The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with business Customers, the Seller will be liable only in the event of intentional damage and up to the value of the losses actually incurred by the business Customer.
- The content of these Terms and Conditions may be perpetuated through printing, copying to the media or downloading at any time from the Website.
- In the event of a dispute on the basis of a concluded Contract of Sale, the parties will seek to resolve the matter amicably. The law applicable to any dispute arising from these Terms and Conditions is the Polish law.
- The Seller informs the Customer (Consumer) of the availability of the out-of-court complaint and redress mechanisms. Principles for accessing these procedures are available at the premises or on the websites of entities entitled to out-of-court dispute resolution. These can include, in particular, Consumer Ombudsmen or Regional Inspectorates of Trade Inspection, listed on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php .
The Seller informs that at http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform).
- The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for processing before the date when the new Terms and Conditions become effective, will be implemented based on the Terms and Conditions that were binding on the day of placing an order by the Customer. Amendments to the Terms and Conditions become effective within 7 days of their publication on the Website. The Seller will inform the Customer 7 days before the new Terms and Conditions become effective, by means of an e-mail message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new Terms and Conditions, he is obliged to notify the Seller of this fact, which results in termination of the agreement in accordance with the provisions of Art 12.
- These Terms and Conditions come into force on 10 January 2017.