Terms of service

Regulations of the KARDASJAN online store

defining, inter alia, rules for concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

The provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payment

§ 6 Order fulfillment

§ 7 The right to withdraw from the contract

§ 8 Exceptions to the right to withdraw from the contract

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

Annex 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, except public holidays.

Consumer – a consumer within the meaning of the provisions of the Civil Code.

Buyer – any entity that buys in the Store.

Preferred Buyer – Preferential Consumer or Entrepreneur.

Preferred entrepreneur – a natural person concluding a contract with the Seller directly related to his business activity, but not having a professional character for him (the definition applies to contracts concluded from January 1, 2021).

Regulations – these regulations.

Store – the KARDASJAN online store run by the Seller atWWW.KARDASJAN.PL. Seller – MICHAŁ WITEK, an entrepreneur running a business under the name MAN AND MORE MICHAŁ WITEK, entered into the Central Register and Information on Economic Activity kept by the minister competent for the economy and keeping the Central Register and Information on Economic Activity, NIP 9671367873, REGON number 362962299, ul. Zbrachlińska 47, 85-569 Bydgoszcz.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Fordońska 246, 85-766 Bydgoszcz

2. E-mail adress: kardas.jan@gmail.com

3. Phone: +48 792 729 084

4. Address for returning the goods (in the event of withdrawal from the contract): ul. Fordońska 256, 85-766 Bydgoszcz

5. Address for sending the advertised goods: ul. Fordońska 246, 85-766 Bydgoszcz

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need: a device with Internet access a web browser that supports JavaScript and cookies.

2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. The seller points out that the total of the order consists of the following indicted in the store:

– the price for the goods and if applicable the cost of the delivery of the goods. In the case of international delivery outside the territory of Poland which must be made customs procedure related of the export of goods the Buyer covers additional duties form related to. These costs are added to the delivery costs. Buyer with a specific place deliveries outside Poland may be required to pay additional fees, e.g.: duties and other charges according to the regulations in force in the country of delivery.

2. The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.

3. The goods selected for purchase should be added to the basket in the Store.

4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.

5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.

6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.

7. The Seller shall provide the privileged Buyer with the confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.

§ 5 PAYMENTS

1. You can pay for the order placed, depending on the Buyer’s choice:

a. by ordinary transfer to the Seller’s bank account;

2. If the Buyer selects payment in advance, the order must be paid within 7 Business Days of placing the order.

3. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order with this method is possible only immediately after placing the order.

4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER COMPLETION

1. The seller is obliged to deliver the goods without defects.

2. The term of the contract depends on the chose method of delivery of the goods and ranges from 2 to 7 Business Days. For the duration of the Order consists of completing the Order and preparing for shipment as well as the time of delivery. In case of international orders (orders with delivery outside Poland) delivery time may extend up to 30 days.

3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after paying for it.

4. In a situation where, under one order, the Buyer has purchased goods with a different delivery date, the order will be processed within the time limit applicable to the goods with the longest delivery date.

5. Countries in which the delivery is carried out:

Europe,

USA,

Canada.

6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

a. Via a courier company

b. Via the Polish Post

c. InPost parcel machines

7. International shipments outside the European Union, the European Economic Area and Switzerland will be carried out on the basis of Incoterms 2020 DAP. More information on Incoterms 2020 DAP conditions can be found at:

a. https://www.biznes.gov.pl/pl/portal/00622

b. https://iccwbo.org/resources-for-business/incoterms-rules/incoterms-2020/

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.

2. The deadline to withdraw from the contract will expire after 14 days from the day:

a. in which the privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the privileged Buyer came into possession of the goods;

b. in which the Preferred Buyer acquires, or a third party other than the carrier and indicated by the Privileged Buyer, acquires the last of the goods in the case of a contract requiring the transfer of ownership of many items that are delivered separately.

3. In order for the Preferential Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).

4. A privileged buyer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.

5. To keep the deadline for withdrawing from the contract, it is enough for the privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

EFFECTS OF WITHDRAWING FROM THE CONTRACT

6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer, other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Privileged Buyer’s decision to exercise the right to withdraw from the contract.

7. The reimbursement will be made by the Seller using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, in any case, the Privileged Buyer will not incur any fees in connection with this reimbursement.

8. The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.

9. The seller asks you to return the goods to the following address: ul. Fordońska 246, 85-766 Bydgoszcz immediately, and in any case not later than 14 days from the date on which the Preferential Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the deadline of 14 days.

10. The privileged buyer bears the direct costs of returning the goods.

11. The privileged buyer is responsible only for the decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics, and functioning of the goods.

12. If the goods, due to their nature, cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Preferential Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE CONTRACT

1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:

a. in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the privileged Buyer or serving to satisfy his individual needs;

b. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;

c. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

d. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

e. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

f. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

g. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Consumer has the option of complaining about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.

2. When exercising the warranty, the Consumer may, on the terms set out in the Civil Code:

a. submit a price reduction statement,

b. in the case of a significant defect – submit a statement of withdrawal from the contract,

c. demand that the item be replaced with one that is free from defects,

d. demand that the defect be removed.

3. The seller asks you to submit a complaint based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.

4. If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver the goods at the Seller’s expense, to the address: ul. Fordońska 246, 85-766 Bydgoszcz.

5. If an additional guarantee has been granted for the product, information about it, as well as about its conditions, is available in the product description in the Store.

6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.

7. Consideration of the complaint by the Seller will take place within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, With:

a. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;

b. the assistance of the competent field of permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;

c. free help from the municipal or poviat Consumer Ombudsman;

d. ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – ” GDPR “.

2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for the processing of personal data in this case is:

o contract or actions taken at the request of the Buyer to conclude it (Article 6 (1) (b) of the GDPR),

o the legal obligation on the Seller related to accounting (Article 6 (1) (c) of the GDPR) and

o the legitimate interest of the Seller, consisting in the processing of data in order to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).

3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.

4. The Buyer’s data provided in connection with purchases in the Store will be processed until:

a. the contract concluded between the Buyer and the Seller will cease to apply;

b. the Seller will no longer be bound by the legal obligation to process the Buyer’s data;

c. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded by the Store will cease;

d. the Buyer’s objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Seller

– depending on what is applicable in a given case and what will happen at the latest.

5. The buyer has the right to demand:

a. access to your personal data,

b. rectifying them,

c. deletion,

d. processing restrictions,

e. transferring data to another administrator as well as the right to:

f. object at any time to the processing of data for reasons related to the specific situation of the Buyer – to the processing of personal data concerning him, based on

art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).

6. In order to exercise his rights, the Buyer should contact the Seller using the data provided in § 2 of the Regulations.

7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

1. The Buyer is forbidden to provide illegal content.

2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.

3. Agreements concluded on the basis of the Regulations are concluded in Polish.

4. In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court competent for the seat of the Seller.

5. Any liability of the Seller towards the Buyer who is not a privileged Buyer, within the limits permitted by law, is excluded.

6. Liability under the warranty towards the Preferred Entrepreneur is excluded.

Annex 1 to the Regulations

Download form

Below is a model withdrawal form that the Consumer or Privileged Entrepreneur may or may not use:

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be completed and returned to the address : Fordońska 256, 85-766 Bydgoszcz only if you wish to withdraw from the contract)

MAN AND MORE MICHAŁ WITEK

ul. Zbrachlińska 47
85-569 Bydgoszcz
e-mail address: kardas.jan@gmail.com

– I / We (*) hereby inform / inform (*) about my / our

withdrawal from the contract of sale of the following items (*) / for the provision of the following service (*):

………………………………………….. ………………………………………….. …………………………………………..

………………………………………….. ………………………………………….. …………………………………………..

………………………………………….. ………………………………………….. …………………………………………..

– Date of conclusion of the contract (*) / receipt (*)

………………………………………….. ………………………………………….. …………………………………………..

– Name and surname of the Privileged Consumer (s) / Entrepreneur (s ) :

………………………………………….. ………………………………………….. …………………………………………..

– Address of the consumer (s) / privileged entrepreneur (s ) :

………………………………………….. ………………………………………….. …………………………………………..

………………………………………….. ………………………………………….. …………………………………………..

………………………………………….. …………………………………….

Signature of the consumer (s) / privileged entrepreneur ( s )

(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.

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