Terms and Conditions of the KSW Shop
1. These regulations specify the terms and conditions of placing orders in online shop KSW Shop, available at https://kswshop.com/en/.
2. The KSW Shop is operated by Iwona Borys-Lewandowska conducting business under the name MY LAND IWONA BORYS LEWANDOWSKA, having its registered office in Warsaw, address for correspondence: 20 Nowogrodzka Street, premises 7, postal code: 00-511, Tax Identification Number (NIP): 522 141 03 83, REGON: 142598409 tel.: +48 (22) 622 09 28, e-mail: sklep@kswshop.com, hereinafter referred to as "Service Provider" or "Seller" respectively.
3. The terms used in these Regulations have a following meaning:
a) Account – Electronic Service, a collection of resources in the IT system of the Service Provider, marked with an individual name (login) and password given by the Recipient. It is where data of the User and information about orders are collected;
b) Client - an entity that has entered or intends to enter into a Sale Agreement with the Seller;
c) Electronic Service - a service provided electronically by the Service Provider to the Client via the Online Shop;
d) Newsletter – Electronic Service, electronic distribution service provided by the Service Provider via e-mail that allows all using it Recipients to automatically receive content of the next edition of the newsletter containing information about products in the Online Shop;;
e) Online Shop - Online Shop of the Service Provider/Seller available at https://kswshop.com/en/;
f) Order - the Client’s declaration of the intent submitted by the Order Form, aimed directly at concluding the Sale Agreement of the Product with the Seller;
g) Order Form - Electronic Service, interactive form available in the Online Shop allowing submission of Orders, in particular by adding items to the electronic cart and determining the conditions of Sale Agreement including method of delivery and payment method;
h) Product - an item available in the Online Shop that is a subject of the Sale Agreement between the Client and the Seller;
i) Registration Form - a form available in the Online Shop that allows the creation of the Account;
j) Regulations - the present Regulations of the Online Shop;
k) Sale Agreement – Sale Agreement of the Product being concluded or concluded between the Client and the Seller via the Online Shop KSW Shop;
l) The Recipient - an entity using or intending to use the Electronic Services.
4. The administrator of the personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider (Iwona Borys-Lewandowska running her business under the name MY LAND IWONA BORYS LEWANDOWSKA, 20 Nowogrodzka Street premises 7, 00-511 Warsaw). Personal data is processed for the purposes, to the extent and on the basis of the principles indicated HERE and in the Privacy Policy published on the web pages of the Online Shop.
5. The provision of personal data is voluntary; however, the processing of personal data may be a necessary condition for the creation of an Account and for the acceptance and execution of an Order. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.
6. Announcements, advertisements, price lists, information on promotions and other information about the Products given on the websites of the Online Shop, in particular their descriptions and prices, are not an offer but constitute an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code.
7. Product price shown on the website of the Online Shop is given in Polish zloty and includes VAT and customs duties. Prices do not include, however, the cost of delivery and payment, which are indicated during the placement of the Order.
8. In order to conclude a Sale Agreement, it is necessary for the Client to previously submit an Order.
9. After submitting the Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment. This shall be effected by sending an appropriate message to the Client's e-mail address provided during the Order placement process, which includes confirmation of all significant elements of the Order, Seller's statement of receipt of the Order and its acceptance for execution. As soon as the Client receives the above email, the Contract of Sale between the Client and the Seller is concluded.
10. The Client may make payment for the ordered Product by:
a) transfer to a bank account, held by mBank, with the number: 1411 4000 2600 0049 4586 0010 01 Iwona Borys-Lewandowska conducting business under the firm MyLand IWONA BORYS LEWANDOWSKA correspondence address: 20 Nowogrodzka Street remises 7, 00-511 Warsaw. The title of the transfer should include the order number. Detailed information will also be sent to the indicated e-mail address;
b) transfer through the Przelewy24.pl service (recommended). You can pay via Przelewy24.pl by credit card or fast internet transfer. The lower limit for payment by credit card is PLN 1.01 (one zloty and 1/100), the upper limit is PLN 4,000.00 (four thousand zloty and 00/100) per day using the same card. Payment cards supported: VISA, MasterCard, Diners Club, JCB, American Express, Solo, PolCard, both cards issued by Polish and foreign banks are supported;
c) transfer via PayPal through the PayPal service you can pay using credit card and VISA and MasterCard convex and flat debit cards: VISA ELECTRON and VISA GOLD;
d) payment upon delivery (cash on delivery COD).
11. The Seller sends the ordered Products by courier. Delivery costs are indicated during the Order placement process. They depend on the quantity and weight of the ordered Products. The Seller covers transport costs if the value of the Order exceeds PLN 500.00 (only within Poland). The Seller will pack and secure the Products at its own expense for the duration of transport.
12. The deadline for delivery of the Product to the Client is up to 30 days, unless a shorter period is specified in the Product description or during the Order placement process. This period should be counted from the date of crediting the Seller's bank account or settlement account (if the Client makes payment via Przelewy24.pl or PayPal).The following free Electronic Services are available in the Online Shop:
a) Account, i.e. enabling an Account in the Online Shop,
b) Order Form, i.e. enabling the conclusion of a sales agreement by filling in the Order Form,
c) Newsletter, i.e. enabling the receipt of the content of subsequent editions of a newsletter containing information about Products in the Online Shop.
13. Account, using an Account is possible after completing the Registration Form and clicking the "Save" field.
14. Order Form, the use of the Order Form starts when the first Product is added to the electronic shopping cart in the Online Shop. The Order is placed when the Order Form is filled in and the "Place Order" field is clicked - until this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and information available on the website of the Online Shop);
15. Newsletter. Using the Newsletter service is possible by selecting the appropriate checkbox (checkbox) when creating the Account (upon creating the Account the Recipient is subscribed to the Newsletter) or by providing an email address, selecting the "subscribe" box and clicking "ok".
16. The Account and Newsletter are provided for an indefinite period of time. The use of the Order Form is of a one-time nature and is terminated as soon as an Order is placed through it.
17. The Recipient is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights and intellectual property rights of third parties. The Client is obliged to prohibit the provision of unlawful content.
18. The basis and scope of the Seller's liability to the consumer for non-compliance of the Product with the Sales Agreement are determined by generally applicable laws, in particular the Polish Civil Code Act of 23 April 1964 (Dz.U.1964.16.93 ze zm.) and the Consumer Rights Act of 30 May 2014 (Dz.U. 2014 poz. 827 ze zm) in the case of contracts concluded with consumers.
19. Notification of the Product's non-conformity with the Sales Agreement and submission of the relevant request may be made in any form, in particular by e-mail or also in writing. When it is possible and necessary to assess the non-compliance of the Product with the Sales Agreement, it should also be delivered to the Seller.
20. The Seller shall respond to the request of the Recipient who is a consumer immediately, but no later than within 14 days from the date of service of the request. The response to the complaint shall be sent on paper or other durable medium to the address provided by the consumer.
21. In the case of Products covered by a guarantee, the guarantee covering the sold Product does not exclude, limit or suspend the rights of the buyer resulting from the non-conformity of the goods with the contract. It is up to the consumer to choose the claim.
22. Complaints related to the provision of Electronic Services via the Online Shop and other complaints related to the operation of the Online Shop may be filed by the Recipient in particular via e-mail or in writing.
23. The Service Provider shall consider the complaint immediately, no later than within 14 days from the date of receipt of the request. A response to the complaint is sent to the address provided by the Recipient.
24. The Recipient may terminate the agreement for the provision of Electronic Services without indicating reasons by sending an appropriate statement, in particular by e-mail or in writing. The contract in such a case shall expire 7 days from the date of submission of the statement of intent to terminate, unless the parties agree on a shorter period.
25. In the case of Service Recipients who are consumers, the Service Provider may terminate the agreement for the provision of Electronic Services when the Service Recipient grossly or persistently violates the Terms and Conditions, in particular when he/she provides content of an unlawful nature, after an ineffective call to cease or remove the violations with setting an appropriate deadline. The violation of the Terms and Conditions must be objective and unlawful in nature. The Agreement for the provision of Electronic Services in such a case shall expire 14 days after the Service Provider gives the Client a statement of intent to terminate it.
26. In the case of Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Recipient.
27. In the event that the Seller cannot fulfil the obligation due to a temporary inability to provide a performance with the properties ordered by the consumer, the Seller may provide a substitute performance, corresponding to the same quality and purpose and for the same price. The consumer is entitled to refuse such an offer and withdraw from the contract.
28. The Recipient/Client who is a consumer may withdraw from it without giving reasons by making a declaration in writing within fourteen days from the date of delivery of the Product to him/her (in the case of a Sales Contract) or from the date of conclusion of the Electronic Provision Contract by sending the declaration before the expiry of this period. The declaration may be sent by e-mail or in writing.
29. In the event of withdrawal from the Contract, the Contract shall be deemed not to have been concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should take place immediately, no later than within fourteen days. The Service Provider/Seller will make the return to the account from which the price was transferred, unless the consumer indicates another way.
30. The Service Provider/Seller reserves the right to amend the Terms and Conditions. The content of the amended Terms and Conditions will be published on the website https://kswshop.com/en/ and will be sent to the ] Recipient. The amended Terms and Conditions shall come into force within 14 days of their publication. The amended Terms and Conditions shall be binding on the Recipient if the Recipient has not terminated the Agreement for continuous provision of Electronic Services within 14 days from the date of notification of the amended Terms and Conditions. Contracts concluded before the amended Regulations came into force shall be governed by the Regulations as in force at the time of their conclusion.
31. The provisions of Polish law, in particular the Act of 23 April 1964 Civil Code (Dz.U.1964.16.93 ze zm.), and the Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 ze zm.) the Act of 18 July 2002 on electronic service provision (Dz.U.2002.144.1204 j.t.), and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and the provisions of Polish law regulating personal data protection issues.
32. Any disputes arising in connection with the conclusion, performance, termination, withdrawal or otherwise related to the Contract between the Service Provider/Seller and the Recipient/Client who is a consumer shall be submitted to the competent common courts. Disputes arising between the Service Provider/Seller and the Recipient/Client who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Service Provider/Seller.
33. All information, data and materials made available on the website (including but not limited to names, logos and price lists) and any other intellectual property rights related to the content of the Online Shop are protected by copyright, trademark rights, database rights or other intellectual property rights.
34. The Terms and Conditions have been published and are effective as of 18 August 2023.
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