Rules and regulations of the online store KiteShop.pl
(effective as of 7 March 2016 and for new users)
§1 Subject of Rules and Regulations
- These Rules and Regulations define scope and type of services rendered by electronic means as well as conditions for concluding and terminating agreements for provision of services by electronic means and conditions for concluding and terminating sales agreements as well as rights and obligations of users and obligations and scope of responsibility of the owner of the online store KiteShop available at http://www.kiteshop.pl/.
- The Rules and Regulations have been drawn up on the basis of legal provisions effective on the territory of the Republic of Poland. The Rules and Regulations along with legal provisions shall exclusively govern matters concerning use of the online store Kiteshop.pl.
- The Owner of the Store shall render services listed in these Rules and Regulations on conditions set forth therein.
The terminology used in these Rules and Regulations shall be defined as follows:
- Operator of the Store, Seller – the Operator of the Store KiteShop.pl is the company: MSI Capital sp. z o.o., with its seat in Poland in Piekary Śląskie at ul. Roździeńskiego 2/23B, entered into the register of entrepreneurs conducted by the District Court in Gliwice under KRS number: 502948 (District Court in Gliwice), with NIP number (Tax Identification Number):498-02-63-488, REGON number (Statistical Number): 243512884, tel. + 48 725907000, e-mail: firstname.lastname@example.org.
- User, Buyer – natural person having full capacity to perform legal acts, legal person or organizational unit without a legal personality, having legal personality.
- User Account – place accessible to the User of the Store upon entering e-mail address and password enabling them, among other things, to order goods, track order status, change and correct personal data, etc.
- Consumer – User, natural person performing a legal act not directly related to their business or professional activity.
- Entrepreneur – User conducting business activity as defined in provisions of the Act on Freedom of Business Activity of 2 July 2004 (consolidated text: Journal of Laws of 2010 No 220 Item 1447 as amended), within the territory of Poland or abroad.
- Store – online store Kiteshop.pl available at www.kiteshop.pl
- Working days – days of the week from Monday to Friday, excluding bank holidays,
- Rules and Regulations – these Rules and Regulations,
- Order – placing by the User via the website an offer of purchase as defined by Article 66 Para. 1 of the Civil Code of Poland,
- Cookies – small text files saved for the purpose of maintaining User’s session, recording website statistics, presentation of online advertisements that are as relevant to the User’s interest as possibile as well as development of online surveys.Thanks to cookies, the User does not have to enter their User name and password on every single subpage. The files do not collect the User’s personal data, do not chage configuration of their computer, do not serve to install or uninstall any computer programs and do not affect the system’s integrity or the User’s data. They are not processed by any other website and can be removed by the User at any time.
§3 Scope of services provided by electronic means:
- The Operator of the Store shall conduct sale of goods via the online Store Kiteshop.pl as well as provide service of current information – „Newsletter”.
- Services provided by electronic means under these Rules and Regulations shall consist in enabling to use the online Store KiteShop.pl for the purpose of concluding sales agreement and its performance.
- The service of current information, „Newsletter”, shall consist in sending a message containing information on current offer, promotions, discounts and rebates. The service is free of charge and voluntary, and it requires permission to send commercial information.
- The agreement for provision of services by electronic means shall be concluded for an indefinite period.
- Orders may be placed after registration or without registration. In the case of making purchases without registration, User’s Account shall not be activated.
- The User who has registered on the website may place an Order after logging in to the User’s Account with an e-mail address and password.
- The User may choose to turn Cookies off, however provision of services to the user who does not accept Cookies may be impeded. Detailed cookies policy is available at http://kiteshop.pl/privacy_policy
- Provision of services set forth in these Rules and Regulations is conditional upon acceptance of all the stipulations contained therein.
- Registration is free of charge and voluntary. As part of the registration procedure, User’s Account shall be activated for the User.
- For the purpose of registration, the User should correctly fill in the registration form. To this end, it is necessary to provide an e-mail address and set a password.
- To complete the registration process, the User has to click on the activation link sent to the e-mail address provided during registration.
- The Operator of the Store may refuse to register the User or terminate the agreement for provision of services by electronic means in the following cases:
- the address data provided by the User give rise to doubts as to their correctness or compliance with factual situation and the said doubts have not been clarified by phone or e-mail,
- the manner of using the Store or the purpose of registration is contradictory to the principles and the purpose of functioning of the Store,
- the User’s activity is contradictory to binding social norms or infringes third party rights,
- the Operator of the Store has received a notification of unlawfullness of provided data or activity related thereto,
- the User sends trade information without a consent from the Operator of the Store,
- the User breaches the provisions of the Rules and Regulations,
5. The decision to refuse to register the User may be revoked upon favourable consideration of an appeal sent by the User to the following e-mail address: info@KiteShop.pl
§5 Conclusion of the agreement for provision of services by electronic means
- Registration in the system or placing an Order without registration amounts to conclusion of the agreement for provision of services by electronic means.
- Registration shall be tantamount to voluntary commencement of use of services rendered by the Operator of the Store.
- The User states that:
a) there exist no limitations resulting from the Rules and Regulations, excluding the possibility of using the store
b) The provided data are truthful and do not breach rights of the third party,
c) They express consent to conclude the agreement by electronic means.
§ 6 Termination of agreements for provision of services by electronic means
- The agreement for provision of services by electronic means may by terminated by the User at any time. The User may terminate the agreement for provision of services by electronic means by way of sending a declaration of termination of the agreement to a contact e-mail address provided on the Store’s website.
- The Operator of the Store may terminate the agreement for provision of services by electronic means if the User have not used the Store’s IT system for 2 years. (The period of 2 years shall be counted from the day of the last activity of the User recorded in the system.)
- Termination of the agreement by any party as well as termination thereof by mutual consent shall be equivalent with blocking User’s access to User Account and with the removal of the said account.
- In the event of termination of the agreement for provision of services by electronic means by the Operator of the Store, declaration of termination of the agreement shall be sent to the e-mail address provided in the User Account. Termination of the agreement shall result in a permanent removal of the User Account.
- Termination or discharge of the agreement for provision of services by electronic means shall not affect the obligation to perform the already concluded sales agreements unless otherwise agreed by the parties.
- Notice period for termination of the agreement shall be 14 days from the day of submitting the declaration by any Party.
§7 Terms and conditions of sale:
- The Operator of the Store conducts sale of goods available and presented on the website of the Online Store KiteShop.pl.
- The Parties to the sales agreement concluded via the Online Store KiteShop.pl shall be the Seller and the Buyer.
- The goods available in the store are free from physical and legal defects unless otherwise indicated in the product description.
- Specification and characteristics of Goods offered by the Seller are presented on the Store’s website.
- The Buyer may be both registered and unregistered User.
- In order to conclude the agreement, the registered User should log in to the User Account with an e-mail address and password.
- For the purpose of concluding the agreement, the unregistered User must provide the following data:
c) Usual address, i.e.: street, building number, apartament number, post code, province, country,
d) Phone number,
as well as accept the provisions of the Rules and Regulations.
- The information on goods along with prices which are presented on the Store’s website do not constitute an offer under Article 66 Para. 1 of the Act of 23 April 1964 of the Civil Code of Poland (Journal of Laws of 1964 No 16 Item 93 as amended; hereinafter referred to as the Civil Code). The information on goods along with prices presented on the Store’s website constitute only an invitation to conclude an agreement under Article 71 of the Civil Code of Poland.
- The Seller reserves the right to change prices and withdraw individual goods presented on the Store’s website from sale.
- The change of prices and withdrawal of goods from sale do not concern orders that have already been accepted.
- All prices given on the Store’s website are in Polish zloty (PLN) and include VAT. The prices do not include costs of shipping unless otherwise stated.
- Prices expressed in a foreign currency (other than Polish zloty (PLN)) are only approximate prices. While making a payment, the Buyer shall be charged with the amount given in Polish zloty (PLN) translated at the exchange rate determined by a bank from which the payment is made.
§ 8 Conclusion of the sales agreement
- Placing an Order by the User via a website shall constitute an offer to purchase under Article 66 § 1 of the Civil Code of Poland, which shall be binding for 7 working days.
- The offer to purchase shall be made by the User through the following activities:
a) Adding selected goods to the basket,
b) Selecting the manner of payment and shipment,
c) Clicking the „Order” button
d) Logging in to the User Account or providing the Buyer’s personal data without registration,
e) Clicking the „Summary” button
f) Confirming the order with the obligation to pay by clicking the „Order and pay” button,
g) Confirming the Order by clicking the link in an e-mail sent to the provided e-mail address.
- Conclusion of the sales agreement shall take place upon the Seller’s acceptance of the Order placed by the User.
- Orders placed on working days after 5 p.m., on Saturdays, Sundays and holidays, shall be considered the next working day.
- The User shall receive an e-mail to the provided e-mail address or shall be informed by phone of the manner in which the Order has been considered. Possible manners of considering the Order shall be the following:
a) Acceptance of the Order – in this case the sales agreement is concluded on the day of accepting the Order.
b) Refusal to accept the Order – in this case no agreement shall be concluded,
c) Counteroffer, i.e. Presentation of the Offer to Purchase Another Product – in this case the User’s acceptance of the presented offer shall be necessary to conclude the agreement.
- The reason for Presentation of the Offer to Purchase Another Product as set forth in section 5 point c) may be among other things: lack of goods in the warehouse or at the Store’s suppliers’ facility.
- The Offer to Purchase Another Product as set forth in section 5 point c) shall be binding on the Seller for two days. After the said time limits, the Counteroffer shall expire. The acceptance of the Offer to Purchase Another Product by the User within validity thereof shall result in the conclusion of the sales agreement on terms and conditions set forth in the Counteroffer.
- The evidence of sale shall be a VAT invoice issued by the Seller, including VAT at the rate applicable within the territory of Poland.
- In the event that the Buyer is an entity having its seat outside of Poland, within the territory of the European Union it is possibile to issue an invoice for intra-community delivery of goods. While placing an order, the Buyer should indicate their will to obtain such an invoice. Issuance of an invoice for intra-community delivery of goods is only feasible if the Buyer is a taxpayer registered to conduct intra-community deliveries of goods and has a current TIN - EU number.
- By accepting these Rules and Regulations, the User shall give consent to receive invoices by electronic means of communication.
- The Seller may at any time verify accuracy of the data provided by the User. The Seller has the right to withdraw from the sales agreement within 10 working days from the day of concluding the agreement in the cases mentioned above in § 4 point 4.
- The Seller allows for international shipping.
- International shipping shall only be executed after the User has made an advanced payment in the form of bank transfer or fast e-payment.
- The costs of shipment shall be provided each time while placing an order. The exemplary costs of shipment are available at http://kiteshop.pl/shipping_and_delivery
- The Buyer having their place of residence or seat outside of the European Union shall be obliged to familiarize themselves with provisions concerning import of goods that are in effect in the destination country. The Operator of the Store shall not be responsible for any fees charged in individual countries.
§. 9. Withdrawal from the sales agreement
- Under the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827), the Consumer has the right to withdraw from the sales agreement without stating a reason within 14 calendar days from the day of delivery of the Product.
- The right to withdraw from a distance sales agreement mentioned above in point 1 shall not be granted to the Consumer in the case of services with characteristics specified by the consumer in the order placed by them or strictly connected with the Consumer or fulfilling their individualized needs.
- The time limits for withdrawal from the agreement shall commence on the day on which the consumer or the third party designated by them other than the carrier took possesion of the item. In order to observe the withdrawal period, it is sufficient that you send the declaration described above in point 4 prior to the expiry of the said withdrawal period.
- The Consumer may withdraw from the agreement by submitting declaration of withdrawal. The declaration may be submitted on the form whose model is available at http://kiteshop.pl/returns, and constitutes an appendix to the Rules and Regulations.
- If the consumer submits the declaration of withdrawal prior to the trader’s acceptance of the consumer’s offer, the offer shall cease to be binding.
- The Consumer shall be liable for diminishing value of the goods as a result of handling them in a way other than what was necessary to establish the nature, characteristics and functioning of the said goods.
- The reimbursement of the amount paid by the Buyer shall be effected using the same metod of payment that was used by the Consumer within 14 days from the day on which the consumer’s declaration of withdrawal from the agreement was received. The Seller shall withhold the reimbursement until the goods have been returned.
- The Seller shall accept no cash on delivery shipments.
- The goods to be returned should be sent to the following address: MSI Capital sp. z o.o., ul. Roździeńskiego 2/23B, 41-946 Piekary Śląskie, Poland or to another address indicated by the Seller.
- In the case of withdrawal from the agreement, the Buyer shall be obliged to cover the costs of shipment of the returned goods.
§. 10. Methods and time limits for payments:
- The following methods of payment shall be accepted for orders with delivery in Poland:
a) Transfer to the bank account,
b) Cash on delivery, upon receipt of the goods,
c) Payment by electronic transfer or payment card through PayU S.A.
- The following methods of payment shall be accepted for orders with delivery outside of Poland:
a) Transfer to the bank account,
b) Payment by electronic transfer or payment card through PayU S.A.
- Time limits for payment shall be 3 working days from the moment of placing the order.
- Standard bank transfer data:
MSI Capital sp. z o.o.
ul. Roździeńskiego 2/23B,
41-946 Piekary Śląskie
Bank account number ING Bank Śląski in the IBAN format:
for payments in PLN: PL 47 1050 1230 1000 0091 4328 5394
for payments in EURO: PL 59 1050 1230 1000 0090 8006 9793
BIC Swift code: INGBPLPW
- The Buyer should provide the order number in the title of the transfer.
- In the event of payment by transfer to the bank account, shipment shall take place after the payment has been credited to the account.
- In the case of cash on delivery payment, the goods shall be sent to the Buyer upon verification of accuracy of the address data.
- Payments by electronic transfer or payment card shall be carried out by PayU S.A. with its seat in Poznań under separate rules and regulations. It is recommended that the Buyer read the payment rules and regulations prior to effecting the payment. The payment rules and regulations are available at http://www.payu.pl/system/files_force/terms_and_conditions_of_a_single_payment_transaction_in_payu.pdf?download=1
§. 11. Types and time limits for shipment:
- The following types of shipment shall be available:
a) Courier delivery
b) Cash on delivery, for shipment within Poland only
c) Personal collection
- We strive to make delivery time as short as possible. The maximum order delivery time within Poland shall be 3 working days, out of which 1 working day shall be devoted to the execution of the order and 2 working days to delivery of the order by courier within the territory of Poland.
- Delivery time for orders to be shipped outside of Poland varies depending on the country. Exemplary delivery times are available at http://kiteshop.pl/shipping_and_delivery
- The Seller reserves the right to prolong order delivery time in the event of temporary lack of goods in the Seller’s warehouse or in the warehouses of entities that cooperate with the Seller.
- Should the situation described in point 4 occur, the Seller undertakes to immediately inform the Buyer of this fact by e-mail.
- The Buyer may withdraw the Order should the situation described in point 4 occur.
- Delivery time shall be calculated from the moment the Order is accepted by the Seller.
- The Product shall be sent by the Seller via a courier company. Parcels shall be delivered from 8 a.m. until 8 p.m. on working days. In the case of failure to deliver the goods for reasons attributable to the Buyer or recipient of the goods and the necessity to send them again by the Seller, the Buyer may be charged with the costs of re-dispatching.
- Upon receipt, the Buyer shall be obliged to check the contents of the parcel for any damages.
- In the case of noticing damages, the Buyer shall be obliged to draw up a shipping damage report with the courier.
§. 12. Rights and obligations of the Parties
- The Operator of the Store shall make every effort so that the Store as well as all services made available through the said Store operate in a continuous manner without any disturbances.
- The Operator of the Store reserves the right to interfere with the technical structure of the User Account for the purpose of diagnosing any irregularities in the functioning of the services provided by the Store.
- The Operator of the Store reserves the right to disconnect, temporarily but not longer than for 48 hours, some functionalities of the Store, provided that the registered Users are notified in advance of such intention.
- The User shall be obliged to immediately update the data provided during registration in the event of any change thereof.
- The User shall be obliged to keep confidential and protect their login and password to the User Account in such a manner that unauthorized persons have no access thereto.
- The User may not use the Store to deliver unlawful contents.
§. 13. Personal data processing and protection
- The Operator of the Store shall only collect data necessary for proper provision of the offered services.
- Personal data of the User may be disclosed to third parties only for the purpose and in the scope necessary for the correct performance of services provided under the Rules and Regulations, inter alia to the company being an agent in the scope of ordering courier service (Sender24.pl, Eurospedycja.pl), postal operators and courier companies for the purpose of order delivery as well as to the companies which operate services handling online payments for the purpose of payment authorization (PayU S.A.).
- The collected personal data of the User shall be subject to legal protection. The said data shall be particularly protected and secured against access of unauthorized persons.
- The administrator of the Users’ personal data shall be the Operator of the Store. The Operator of the Store shall process the personal data of the Users in compliance with provisions of the Personal Data Protection Act of 29 August 1997 (consolidated text, Journal of Laws of 2002, No. 101, Item 926 as amended) and the Act on Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, Item 1204 as amended).
- The Operator of the Store shall not bear any responsibility for authenticity of data provided by the Users as it is not possible to veryify the said data as regards the compliance thereof with the factual state.
- The Operator of the Store shall not make available, in no other way than resulting from the purpose of the Store’s activities and the scope of consent and declarations given and made, the information and data concerning the Users to any other third party without a legal basis enforcing such an activity on the part of the Operator of the Store.
- The User has the right to review their personal data as well as to change, correct and require deletion thereof by sending an e-mail with a relevant request.
- Deletion of the data from the Store’s system shall be equivalent with de-registration of the User and termination of the agreement for provision of services by electronic means, but shall not affect the sales agreements concluded prior to the deletion of the data.
- The delation of the data shall be permanent and irrevocable. The Operator of the Store shall thus cease to process the personal data of the User. However, the Operator of the Store reserves the right to store such data as time and IP of the User after deletion of the account for the needs of Police or/and the prosecutor’s office as well as data necessary for settling the provided services until the time of the settlement thereof.
§. 14. Complaints
- The User shall have the right to submit a complaint with regard to the performance of the sales agreement as well as the performance of the agreement for provision of services by electronic means.
- The Products purchased in the Store are covered by the producer’s guarantee. The length of the guarantee period is defined by the producer and may vary between producers. The product is covered by a 12-month guarantee unless otherwise stated in the product description.
- The VAT invoice sent upon receipt of the payment shall constitute a guarantee document.
- For the purpose of efficient handling of complaints, complaints ought to include the following data:
a) User’s Data,
b) Order Number and date of purchase,
c) Description of non-compliance of the goods with the agreement.
- Complaints submitted in a different form shall also be considered, but the handling thereof may be extended.
- Complaints may be filed by e-mail to email@example.com or by post to the address of the Operator of the Store.
- In respose to the submitted complaint, the Seller shall contact the Buyer within 3 working days to agree on a method of sending back the product under complaint.
- Complaints shall be considered within 14 days from the day of delivery of goods.
§. 15. Final provisions
- In matters not regulated by these Rules and Regulations, the relevant legal provisions shall apply.
- The Parties undertake to make every effort to settle amicably any disputes arising in connection with the performance of the agreement concluded under the Rules and Regulations.
- The Operator of the Store shall notify the Customers by e-mail of any changes to the contents of these Rules and Regulation, with the right to terminate the agreement within 14 days.
- Changes to the Rules and Regulations shall be effective after the expiry of the notice period.
- For the performance of sales agreements concluded prior to coming into effect of the changes to the Rules and Regulation, provisions of the Rules and Regulations in the wording at the time of placing the Order shall apply.
- The Rules and Regulations shall come into force on 7 March 2016.