ONLINE STORE REGULATIONS
KACPER GLOBAL
Seller’s designation:
KACPER GLOBAL sp.z o.o.
Partyzantów 4 st.
42-300 Myszków
NIP: 5771976084
KRS No. 0000470314
+48 34 313 06 27
Mon – Fri 8:00 a.m. – 4:00 p.m.
Definitions
- The terms used in the Regulations mean:
- Working days – these are days from Monday to Friday, excluding public holidays;
- Customer – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Online Store or uses other Services available in The online store;
- Civil Code – the Act of April 23, 1964;
- Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific activities within the Online Store;
- Consumer – a customer who is a consumer within the meaning of art. 22 [1] of the Civil Code;
- Entrepreneur – a customer who is an entrepreneur within the meaning of art. 43 [1] of the Civil Code;
- Regulations – this document;
- Seller – KACPER GLOBAL sp.z o.o., ul. Partyzantów 4, 42-300 Myszków, NIP (Tax Identification Number): 5771976084, KRS No.
- Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
- Sales contract – a contract for the sale of goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services;
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
- Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
General provisions
- These Regulations define the general conditions, the method of providing electronic services and sales via the Online Store https://kacperglobal.pl/.
- These Regulations are continuously available on the website https://kacperglobal.pl/ in a way that allows its acquisition, playback and saving its content by printing or saving on a carrier at any time.
- The condition to start using the Store is to read these Regulations and its full acceptance. It is considered that reading and accepting these regulations is tantamount to providing information by the Entrepreneur to the consumer (Customer), as referred to in art. 12 of the Act of May 30, 2014 on consumer rights, this information is included in the following sections of the regulations.
- Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements: a computer or a mobile device with Internet access, access to e-mail, Firefox, Internet Explorer, Chrome, Opera, Safari web browser, enabling cookies and Javascript in the web browser.
- The customer is obliged to:
- provide only true, current and all necessary data when registering and ordering in the Online Store, as well as their immediate updating.
- use the services provided by the Seller in a way that does not interfere with the functioning of the Seller, the Online Store and other Customers
- use the services provided by the Seller in a manner consistent with the law and the provisions of the Regulations.
Services
- The services are provided by the Seller free of charge, 24 hours a day, 7 days a week.
- The Seller provides the following Electronic Services to the Customers via the Online Store:
- User’s account
- Placing an order and concluding Sales Agreements, on the terms set out in these Regulations;
- Using the User Account is possible after completing the following steps by the Customer:
– completing the registration form and accepting the provisions of these Regulations,
– clicking the „Register” field.
- The contract for the provision of a service consisting in maintaining a User Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or use the „Delete Account” button.
- The contract for the provision of Electronic Services consisting in enabling the submission of an Order in the Store is concluded for a definite period of time and is terminated when the Order is placed or the Customer ceases to submit it.
- The Seller may at any time terminate the Agreement for the Provision of Services with the Customer with a 14-day notice period for important reasons, understood as a change in the law governing the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the scope or the provision of services to which the provisions of the Regulations apply.
- In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after a previous unsuccessful call to stop or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
Contract for the sale of goods
- Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.
- All Goods available in the Online Store are brand new, free from physical and legal defects.
- Placing an Order is possible by the Users of the Online Store who have correctly completed the Registration Form on the website of the Online Store. Placing an Order is also possible without the registration form.
- The Registration Form requires the provision of the following data: name, surname, delivery address, e-mail address, contact telephone number. Incorrect completion of the form or providing incorrect data may result in the withdrawal of the Online Store from the execution of the Order. Failure to exercise due diligence when filling in the form may result in the need for the Customer to incur additional costs, including: costs of a compensation nature, costs of incorrect shipment, costs of re-shipment, and other reasonable costs that have been incurred by the Store in order to complete a given order.
- The condition for placing an Order is having an active e-mail account. In the case of placing an Order via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of the Goods being the subject of the Order. The offer submitted in electronic form is binding for the Customer, if the Seller sends a confirmation of acceptance for the Order completion to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and upon its receipt by the Customer, a Sales Agreement is concluded.
- The sales contract is concluded in Polish.
- Orders can be placed 24 hours a day. Placing an order entails an obligation to pay.
- The condition for accepting an order for execution by the Online Store is placing an Order and paying the resulting amount due for the conclusion of the Sales Agreement.
Delivery of goods
- The delivery of the Goods is carried out to the address indicated by the Customer when placing the Order.
- The delivery of the Goods is carried out by a courier company.
- The Seller on the Store’s websites, in the description of the Goods, informs the Customer about the number of Working Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- If a different delivery period is provided for the Goods covered by the Order, the longest period shall apply to the entire Order.
Prices / Payments
- The prices of goods are given in Polish zlotys and include all components, including VAT, except for delivery.
- The customer can choose the following payment methods:
- Online payment with payment cards
– The entity providing online payment services is Dotpay.
– in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent’s system about the payment by the Customer, and the shipment will be made immediately after completing the Order).
– When making a payment, the user will be informed immediately before it is made about the amount in which the payment should be made, about the possible methods of its implementation and about the data of the operator performing the payment, if it is possible in a given service. Detailed regulations for making payments through operators that provide electronic payments are available on the website of a given operator.
– When making a payment through the electronic payment operator, the User should follow the instructions provided by the electronic payment operator in order to make the payment.
- The Customer authorizes the Seller to issue a VAT invoice without the recipient’s signature in electronic form (or other invoice documenting the sale in electronic form).
The right to withdraw from the Agreement
- The consumer may withdraw from the contract for the sale of goods without giving any reason by submitting an appropriate statement within 14 days from the date of delivery of the product.
- The consumer may withdraw from the contract for the provision of services or the contract for the supply of digital content that is not recorded on a tangible medium without giving a reason by submitting an appropriate statement within 14 days from the date of the contract.
- The customer may formulate the declaration on his own or use the template of the declaration of withdrawal from the Agreement (Annex 1).
- The 14-day period is counted from the day on which the Goods were delivered or, in the case of the Contract for the provision of Services, from the date of its conclusion.
- Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send to the Consumer’s e-mail address confirmation of receipt of the declaration of withdrawal from the Agreement.
- In the event of withdrawal from a Distance Agreement, the Agreement is considered void. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days.
- The purchased Goods should be returned to the Seller’s address, accompanied by a proof of purchase.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve the Consumer at any cost.
- The Seller may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer himself.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
The right to withdraw from the Agreement by the Consumer is excluded in the event of:
For an agreement where the subject of the service are non-prefabricated goods, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
Complaint mode
- The seller has a sufficiently formalized complaint procedure and recognizes complaints in accordance with this procedure.
- The customer has the right to submit a complaint both regarding the performance of the sales contract and the performance of the contract for the provision of electronic services.
- In terms of the performance of the sales contract, the Seller undertakes to deliver the Goods without defects. The seller is liable to the customer under the warranty for defects on the terms set out in art. 556 – 576 of the Civil Code.
- Complaints should be sent to the address:
KACPER GLOBAL sp.z o.o.
Partyzantów 4
42-300 Myszków
- It is usually advisable to deliver the purchased goods to the Seller together with the complaint, in order to enable the Seller to examine the goods.
- It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the goods into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant.
- The seller undertakes to consider each complaint within 14 days. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the necessary extent immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
- If the Customer who is a consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .
- In terms of the performance of the contract for the provision of electronic services, the Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the address indicated in section 4.
- The customer may also use extrajudicial means of dealing with complaints (mediation, arbitration) and redress.
For example, the consumer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
- Pursuant to the Regulation of the European Parliament and of the Council (EU) No 524/2013 of May 21, 2013, we would like to inform you that at http://ec.europa.eu/consumers/odr/.
a platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
Provisions regarding Entrepreneurs (B2B)
- Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty towards the Customer who is an Entrepreneur is excluded.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
- In the case of Customers who are Entrepreneurs, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
- Upon the release of the goods by the Seller to the carrier, the benefits and burdens related to the goods and the risk of accidental loss or damage shall be transferred to the Client who is an Entrepreneur. In such a case, the Seller shall not be liable for any loss, defect or damage to the goods arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
- Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.
Force majeure clause
- Neither party shall be liable for the failure to perform any of its obligations if such failure is caused by an unforeseeable event beyond its control or force majeure, including, but not limited to, an epidemic, flood, fire, storm, shortage of raw materials, transport strike, strike partial or total, or blockade. The party affected by such events must notify the other party immediately, no later than 10 working days after the occurrence of the said event.
- The parties agree that they will jointly endeavor to best meet their obligations while such events persist.
Personal data protection
- The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy.
- The Seller applies appropriate technical and organizational measures to protect the processed personal data.
- Additional explanations regarding the protection of personal data are contained in the „Privacy Policy” tab available on the Website.
Final Provisions
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to forms, logos belong to the Seller, and their use may only take place in a specified and consistent manner. Regulations.
- The law applicable to contracts with customers is Polish law. The United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on April 11, 1980 does not apply.
- The choice of Polish law as applicable does not deprive customers who are consumers of the protection provided for them by the law applicable to their place of habitual residence in the EU.
- In matters not covered by these regulations, Polish provisions shall apply.
- Each customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.
October 30, 2020
Appendix 1
Standard withdrawal form (fill in and send back only if you want to withdraw from the contract)
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I / We (*) hereby withdraw / withdraw (*) from the contract of sale of the following goods / provision of the following service (*) / delivery of digital content (*):
…………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… …………………………………………………………………………………………
Date of the order (*) / collection (ordering the service, digital content / receiving the goods)
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Name and surname / Name / consumer (s) (*):
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Consumer (s) address:
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Signature of the consumer (s) (only if the form is sent in paper version):
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* delete as appropriate
SKLEP – Shop
