KSWSHOP REGULATIONS/ RULES OF CONTESTS
1. These regulations specify the terms and conditions of placing orders in online store KSW Shop, available at www.kswshop.pl.
2. The online store KSW Shop is run by MyLand IWONA BORYS LEWANDOWSKA, Nowogrodzka street 20/7 in Warsaw, zip code: 00-511, NIP:522-291-38-73 , REGON:141755717, tel.: +48 (22) 622 09 28 e-mail: sklep@kswshop.com, hereinafter referred to as ”Service Provider” or ”Seller”.
3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data are processed for purposes, to the extent and based on the principles of the Privacy Policy published on the store’s website. Providing personal data is voluntary. Any person, whose personal data are processed by the Service Provider, has the right to inspect their content and update it.
4. The terms used in these Regulations have a following meaning:
a. Registration Form - a form available in the online store that allows the creation of the Account;
b. Order Form - Electronic Service, interactive form available in the online store 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;
c. Client - an entity that has entered or intends to enter into a Sale Agreement with the Seller;
d. 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 Client. It is where data of the User and information about orders are collected;
e. Newsletter – Electronic Service, electronic distribution service provided by the Service Provider via e-mail that allows all using it Users to automatically receive content of the next edition of the newsletter containing information about products in the Online Store
f. Product - an item available in the Online Store that is a subject of the Sale Agreement between the Client and the Seller;
g. Regulations - the present Regulations of the Online Store;
h. Online Store - Online Store of the Service Provider/Seller available at www.kswshop.pl;
i. Sale Agreement – Sale Agreement of the Product being concluded or concluded between the Client and the Seller via the Online Store KSW Shop;
j. Electronic Service - a service provided electronically by the Service Provider to the Client via the Online Store;
k. The Client - an entity using or intending to use the Electronic Services;
l. 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.
5. Announcements, advertisements, price lists, information about promotions and other information about Products given on the websites of the Online Store, in particular their descriptions and prices are not an offer, but constitute as an invitation to the Sale Agreement.
6. The Price of the Product shown on the website of the Online Store is given in Polish zloty and includes VAT and customs duties. However, the Prices do not include the cost of delivery and payment, which are indicated when placing an Order.
7. In order to conclude Sale Agreement it is required for the Client to place an Order.
8. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. It is done by sending an appropriate message to the Client’s e-mail address that was specified while placing an Order. The message contains a confirmation of all the essential elements of the Order and the Seller’s statement about receiving the Order and accepting it for the execution. Upon receipt of the above message by the Client, the Sale Agreement between the Client and the Seller is concluded.
9. The Client can make a payment for the ordered Product by:
a. Transfer to a bank account of mBank: 1411 4000 2600 0049 4586 0010 01 MyLand Iwona Borys Lewandowska Nowogrodzka 20/7, 00-511 Warsaw. In the transfer title type in the number of the Order. Detailed information will also be sent to a specified e-mail address;
b. Transfer via service Przelewy24.pl (advised). Via this service, it is possible to make a payment by credit card or make fast, Internet bank transfer. The lower limit of the credit card payment is 1.01PLN, and the upper limit is 4000PLN daily with the same card. We accept following credit cards issued by Polish or foreign banks: VISA, MasterCard, Diners Club, JCB, American Express, Solo, PolCard.
c. Transfer via PayPal. Payments using this service can be made with the convex cards VISA and MASTERCARD and flat debit cards VISA ELECTRON and VISA GOLD.
d. Payment on delivery (COD).
10. The Seller sends the ordered Products by courier. Delivery costs are indicated when placing an Order. They depend on the number and weight of ordered Products. The Seller covers shipping expenses if the value of the Order exceeds 500PLN (only in Poland). The Seller, at its own expense, wraps and protects the Products for the time of transport.
11. Deadline for the delivery of the Product to the Client is 30 days, unless the description of the Product while placing the Order indicated shorter period. The deadline shall be counted from the date of crediting the bank account or settlement account of the Seller (in case of Client’s payment by services Przelewy24.pl or PayPal).
12. There are following free Electronic Services in the Online Store:
a. Account, the use of the Account is possible after filling in Registration Form and clicking ”Register”;
b. Order Form, the use of the Order Form begins when the first Product is added to the electronic cart in the Online Store. Placement of the Order follows filling in the Order Form and clicking ”Place Order” - until then, there is possibility of self-modifying filled data (in order to do this, follow instructions and information available on the website of the Online Store);
c. Newsletter. The use of Newsletter service is possible by checking an appropriate checkbox during the course of creating an Account (upon creation of the Account, the Client is subscribed to a Newsletter), or typing in an e-mail address, checking a box ”Subscription” and clicking ”OK”.
13. Account and Newsletter are provided for an indefinite period. Using the Order Form is a one-off and is terminated at the time the Order is placed via the Form.
14. The Client is obliged to use the Online Store in a manner consistent with the law and morality whereas respect for personal rights and intellectual property rights of third parties. The Client cannot deliver any illegal content.
15. The basis and the extent of the liability of the Seller towards the consumer for non-compliance of the Product with the Sale Agreement are set in the applicable laws, in particular the Act on special conditions of the consumer sale and the amendment of the Civil Code of 27th July, 2002. (Dz.U. Nr 141, poz. 1176 ze zm.).
16. Notice of Product’s non-compliance with the Sale Agreement and reporting appropriate request can be done, in particular, via e-mail or in writing. When it is possible and necessary for the assessment of the non-compliance of the Product with the Sale Agreement, the Product should be delivered to the Seller.
17. The Seller has got 14 days, since the day the request has been delivered, to address consumer’s demands. A response to the complaint is sent to the address specified by the consumer.
18. In case of Products covered by warranty, the warranty covering the sold Product, does not exclude, limit or suspend the rights of the buyer arising from non-conformity. The consumer is to choose the claim.
19. Complaints related to the provision of Electronic Services via Online Store and other complaints related to the operation of the Online Store can be filed by the Client via e-mail or in writing.
20. Considering the complaint by the Service Provider shall begin immediately, not later than 14 days from the day the complaint has been delivered. A response to the complaint is sent to the address specified by the Client.
21. The Client may terminate the Electronic Service agreement without specifying reasons, by sending an appropriate statement, in particular via e-mail or in writing. The agreement, in this case, expires within 7 days from the day of submission of a declaration of the intent of the termination, unless the parties agree to a shorter deadline.
22. In case of the Clients who are consumers, the Service Provider may terminate the agreement for the provision of Electronic Services when the Client grossly and persistently violates the Regulations, in particular when the Client provides illegal content and continues to do so after the demand to cease or eliminate violations within a relevant deadline. Violation of the Regulations must be objective and unlawful. The agreement on providing Electronic Service, in this case, expires 14 days after the Service Provider submits the declaration of the intent of the termination.
23. In case of Clients not being customers, the Service Provider may terminate the Electronic Service agreement with an immediate effect without indicating the reasons by sending an appropriate statement.
24. In the event when the Seller cannot fulfill the obligation because of temporary inability to perform properties requested by the consumer, the Seller can meet the replacement provision, corresponding to the same quality and purpose for the same price. The consumer is entitled to refuse such an offer and withdraw from the agreement.
25. The Client being a customer may withdraw from the agreement without giving reasons by submitting a statement in writing within fourteen days from the date of the Product delivery (in case of Sale Agreement) or from the date the Electronic Service Agreement was concluded. The statement can be sent via e-mail or in writing.
26. In the event of withdrawal from the Agreement, the Agreement is considered null and void. What the parties rendered shall be returned unchanged, unless a change was necessary in ordinary management borders. The reimbursement should take place immediately, not later than within fourteen days. The Service Provider/the Seller shall make a reimbursement to the account from which the transfer came, unless the consumer indicates otherwise.
27. The Service Provider/the Seller reserves the right to change the Regulations. The content of the Regulations amendments will be published on the website kswshop.com and will be sent to the Client. The revised Regulations come into force within 14 days from the day of publication. The revised Regulations apply to the Client if the Client does not terminate the Electronic Service agreement within 14 days from the day of notification. In relation to the Agreements concluded before entry into force of the amended Regulations, the Regulations from the time of their conclusion are applicable.
28. In matters not regulated by the Regulations, Polish law is applicable, in particular Acts from 23rd April 1964, Civil Code (Dz.U.1964.16.93 ze zm), Acts from 18th July 2002 on electronic services (Dz.U.2002.144.1204 j.t.), Acts from 2nd March 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Dz.U.2012.1225 j.t.), Acts from 27th July 2002 on special conditions of consumer sale and an amendment to Civil Code (Dz.U.2002.141.1176 ze zm.).
29. Any dispute arising in connection with the conclusion, execution, solution, withdrawal or otherwise related to the Agreement between the Service Provider/the Seller and the Client being a consumer shall be subjected to the common courts. Disputes arising between the Service Provider/the Seller and the Client non-consumer are subjected to the court appropriate to the Service Provider/the Seller’s headquarter.