Terms and Conditions of the KIS online store

 

§ 1

General provisions

 

1. The Terms and Conditions define the detailed rules of using the KIS online store by both the Consumers and the Entrepreneurs, offering to sell the wooden garden furniture of KIS brand. All the Products represent modern design, unique elegance and functionality. More information on the garden furniture of the KIS brand can be found on the Seller’s website at https://kisoutdoor.com/.
2. The Terms and Conditions specify the rules and procedures for concluding a distance contract for the sale with the Consumer or the Entrepreneur, i.e. via the KIS online store. The Terms and Conditions fulfill the entrepreneur’s obligation to supply information referred to in Article 12 of the Act of 30 May 2014 on consumer rights. Paragraph 13 of the Terms and Conditions is exclusively directed to the Entrepreneurs and does not concern the Consumers.
3. The seller is Katarzyna Marciniak conducting business activity under the name MA Studio Katarzyna Marciniak, address: ul. Armii Krajowej 61, 05-075 Warszawa, Poland, registered in Central Registration and Information on Business (CEIDG) kept by a competent minister of economy, holder of a Tax Identification Number (NIP) 5242588525 and Statistical Identification Number (REGON) 368510300.
4. The Consumers may contact with the Seller:

1) via electronic mail to the address: contact@kisoutdoor.com;

2) in writing to the address: MA Studio Katarzyna Marciniak, ul. Armii Krajowej 61, 05-075 Warszawa, Poland.

 

§ 2

Definitions

For the purpose of these Terms and Conditions the following definitions shall apply:

• Administrator of the Personal Data; Seller – Katarzyna Marciniak conducting business activity under the name MA Studio Katarzyna Marciniak, address: ul. Armii Krajowej 61, 05-075 Warszawa, Poland, registered in Central Registration and Information on Business (CEIDG) kept by a competent minister of economy, holder of a Tax Identification Number (NIP) 5242588525 and REGON 368510300;
• Personal Data – any information relating to an identified or identifiable natural person, in particular

by reference to an identificator such as name, surname, address, e-mail address, telephone number;

• Business Day – one day from Monday to Friday, excluding Polish statutory holidays;
• Registration Form – form available in the Store allowing for creating the Account;
• Order Form – service provided by electronic means, i.e. interactive form allowing for placing the Order in the Store, in particular by adding the Products to the Cart and specifying the terms of the Contract Sales, including payment and delivery method;
• Customer – the Consumer or the Entrepreneur purchasing via the KIS online store;
• Consumer – a natural  person purchasing at the Store not directly related to its business or professional activity;
• Account – service provided by electronic means by which the Personal Data given by the Customer and informations on the Orders placed are collected; the Account is designated by an individual name (login) and password given by the Customer;
• Cart – one of the functionality at the Store, allowing for placing the Order by choosing the Products, which one wish to buy, their change e.g. their number, or their removing;
• Products – garden furniture or other products from the Seller’s offer available at the Store;
• Enterpreneur – an entity purchasing at the Store in relation to its conducted business activity;
• Terms and Conditions – these regulations of the KIS online store;
• Store – the KIS online store;
• Contract Sales – contract for the sale between the Customer and the Seller via the Store, i.e. a distance contract for the sale, requires no simultaneous physical presence of the Customer and Seller or its representative;
• Services provided by electronic means – the Account and the Order Form;
• Order – declaration of intent made by the Customer by the Order From and aims directly to purchasing of the Product.

 

§ 3

Personal Data

1. The Seller is the Controller of the Personal Data of the Users.
2. Any information concerning processing of the Personal Data of the Customers can be found in the Privacy Policy.

 

§ 4

Technical requirements

For the purpose of using the Store, including browsing the products offered in the Store and placing the Orders, there must be:

1) terminal equipment with Internet access, e.g. computer, tablet, smartphone;

2) Internet browser, e.g. Internet Explorer, Google Chrome, Mozilla Firefox, Opera;

3) an active electronic mail address (e-mail);

4) enabled cookies support;

5) Flash Player installed, used to display animations and films made ​​in this technology, without installing it.

 

§ 5

Services provided by electronic means

1. The following services provided by electronic means are available at the Store: the Account and the Order Form.
2. The service in form of the Account is provided free of charge, for an indefinite period, according to the provisions of 6 of these Terms and Conditions.
3. The service in form of the Order Form is provided free of charge, according to the provisions of § 7 of these Terms and Conditions, is a one-off and shall expire at the moment of placing the Order through it.
4. Complaints relating to the services provided by electronic means the Customer may submit:

1) via electronic mail to the address: contact@kisoutdoor.com;

2) in writing to the address: MA Studio Katarzyna Marciniak, ul. Armii Krajowej 61, 05-075 Warszawa, Poland;

5. In the complaint the Customer should give:

1) informations and circumstances related to the subject of the complaint, in particular type and occurence date for the irregularity;

2) request of the method of settlement a complaint;

3) contact details of the complainant,

however lack of data indicated in point 1)-3) above does not affect the efficiency of submitting the complaint, nor is it an obstacle to settlement the complaint.

6. Replying to the complaint by the Seller takes place immediately, not later than within 14 days of its submission. Lack of replying by the Seller in the above term means that the Seller considered the complaint legitimate.

 

§ 6

Setting up the Account

1. Browsing the products offered in the Store does not require setting up the Account.
2. To set up the Account at the Store, the Register Form shall be completed. The following data is obligatory: name and surname, e-mail and password. In the case of entrepreneurs the company name and Tax Identification Number (NIP) may be obligatory as well.
3. Logging to the Store takes place by giving a login and password set out in the Register Form.
4. The Customer may at any time login to the Account by entering e-mail address and password given during the registration of the Account. The Customer may at any time change the personal data and password to the Account as well.
5. The Customer can always, without having to give any reason and without any charge, delete the Account by sending to the Seller via eletronic mail to the address: contact@kisoutdoor.com a request in that regard.

 

§ 7

Rules of placing the Orders

To place the Order it is required to:

• choose the Product being the subject of the Order and then click on the “Add to Cart” button;
• login to the Account or use the possibility of placing the Order without setting up the Account;
• if the possibility of placing the Order without setting up the Account was chosen – complete the Order Form by entering the Customer’s data and delivery address, choose the shipment type (method of delivery of the Product), enter invoicing data if they are different from the delivery address;
• click on the “Order and Pay” button;
• pay for the Order within 5 calendar days from its placing in accordance with the payment method available at the Store.

 

§ 8

Delivery and payment methods and prices

1. The Customer may use the following delivery methods of the Product ordered:
   1) post parcel;
   2) courier parcel.

2. Delivery takes place within the European Union.
3. Where there are different dates of delivery for the ordered Products, the delivery date shall be the longest provided term.
4. In the case of ordering the Products with different dates of delivery, the Customer may require a delivery of the Products in parts or delivery of all Products when the Order is complete.
5. The Customer may use the following payment methods:
   1) payment by bank transfer to the Seller’s bank account;

2) electronic payment via PayPal.com.

6. Detailed information on the delivery and payment methods can be found at the website of the Store in the „DELIVERY/PAYMENTS” tab and during the Order placement, including the moment when the Customer becomes bound by the Contract Sales.
7. Prices visible at the Store are given in Polish zloty and are gross prices (include VAT).
8. The total amount payable by the Customer consists of price for the Product and delivery cost, of which the Customer is informed during the Order placement, including the moment when the Customer becomes bound by the Contract Sales.

§ 9

Performance of the Contract Sales

1. The Contract Sales between the Customer and the Seller is concluded upon receipt of the Order by the Customer, with the Order Form according to § 7 of the Regulatons.
2. The Seller confirms immediately the receipt of the Order after its receiving. Confirmation of receipt of the Order is made to the Customer via e-mail at the e-mail given by the Customer during the Order placement. The Contract Sales between the Customer and the Seller is concluded on the moment of receipt of the e-mail by the Customer.
3. The Customer is obliged to make payments by bank transfer or via PayPal.com within 5 calendar days from the date of conclusion of the Contract Sales – otherwise the Order shall be cancelled.
4. Beginning of the period of performance of the Order is counted from the day recording of payment for the Order on the Seller’s bank account.
5. The Product shall be sent by the Seller within the term indicated on the Product’s description at the website of the Store, in a manner chosen by the Customer during the Order placement. Time of delivery is between 1 and 5 Business days.

§ 10

Complaint concerning the Product and the Warranty

1. The Seller is obliged to provide the Customer with the Product without defects.
2. If the Product has a material or legal defect (statutory warranty), the basis and scope of the Seller’s liability are specified in generally applicable law provisions, in particular in the Civil Code.

3. The complaint may be submitted by the Customer:
   1) via e-mail at: contact@kisoutdoor.com,
   2) in writing to the address: MA Studio Katarzyna Marciniak, ul. Armii Krajowej 61, 05-075 Warszawa, Poland.
4. In the complaint the Customer should give:

1) information and circumstances related to the subject of the complaint, in particular type and occurrence date for the defect;

2) request of the method of bringing the Product into conformity with the Contract Sales or request of reduction of the price or a statement on withdrawal from the Contract Sales;

3) contact details of the complainant,

however lack of data indicated in point 1)-3) above does not affect the efficiency of submitting the complaint, nor is it an obstacle to settlement the complaint.

5. The Seller is obliged to respond to the Customer’s complaint immediately, no later than within 14 calendar days from its submission. If a complaint is not investigated within the specified period it means it is recognized as justified.
6. The Customer who exercises the rights under statutory warranty is obliged to submit the Product on the Seller’ cost at the address: MA Studio Katarzyna Marciniak, ul. Armii Krajowej 61, 05-075 Warszawa, Poland.
7. Where justified by the nature of the Product its submission would be excessively difficult, the Customer  is obliged to provide access for the Seller to the Product in the place where the Product is located.
8. If a guarantee for the Product had been given, the information about it can be found next to the description of the Product at the Store.

§ 11

Out-of-court methods of settling of complaints and investigating claims and the rules of access to those procedures

1. Detailed information regarding the possibilities for the Consumer to use an out-of-court methods of settling complaints and investigating claims and the rules of access to those procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations, whose statutory tasks include the protection of consumers, Voivodship Inspectorate of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

http://www.polubowne.uokik.gov.pl/;

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php;

http://www.uokik.gov.pl/wazne_adresy.php.

2. The out-of-court methods of settling complaints and investigating claims include:

1) in the event of a property rights dispute resulting from contracts sales and providing of services, applying for considering the case before the Permanent Consumer Arbitration Court of an appropriate Voivodship Inspectorate of Trade Inspection;

2) applying to the Voivodship Inspector of Trade Inspection for undertaking activities in order to settle the dispute in an out-of-court proceedings pursuant to the Act of 23 September 2016 on out-of-court settlement of consumer disputes.

3. The Seller consents to settle the dispute in an out-of-court procedure. Below are contact details of the Voivodship Inspector of Trade Inspection:

Commercial Inspection mazowieckie provinc

Voivodship Inspector of Trade Inspection in Warsaw

Ul. Sienkiewicza 3, 00-015 Warszawa

www.wiih.org.pl

4. Pursuant to Art. 36 of the Commercial Inspection Act of 15 December 2000, procedure on out-of-court settlement of consumer disputes shall be initiated upon request by the Consumer or the Seller, submitted to the voivodship inspector competent for the location of the economic activity of an entrepreneur.
5. The register of all entities entitled to the out-of-court settlement of a dispute is available at following internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
6. Any possible costs of an out-of-court settlement of a dispute, including possible initial fee for participation on the proceedings, if the entity requires such, as well as possible cost of e.g. appointment of experts, is carrying out by the Seller (the Consumer shall bear no cost).
7. Notwithstanding the above, the Consumer may request the assistance of the district (municipal) consumer advocate.
8. The Consumer may also receive free assistance on the settlement of the dispute between him and the Seller, using free assistance of social organization which statutory tasks include the protection of consumers (i.a. The Consumers’ Association, The Association of Polish Consumers) The Consumers’ Association provides advice by telephone, personally or by e-mail – contact details of particular local offices are available at the internet address: http://www.federacja-konsumentow.org.pl/63,tu-znajdziesz-pomoc.html. The Association of Polish Consumers and the Consumers’ Association run also the Consumer Helpline available on working days 8.00 a.m.-6.00 p.m. Each Consumer may request the legal advice by calling at the number 801 440 220 / 22 290 89 16.
9. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. Information about the ODR platform are available i.a. on the internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.

 

§ 12

The right to withdraw from the Contract Sales

1. The Consumer who concluded the Contract Sales may withdraw from it without giving any reason and bearing any costs, except for the costs specified in paragraph 6 below, within 14 calendar days from the receipt of the Product. In order to meet the deadline it is sufficient to send the information before the end of the 14-days period. Statement on withdrawal from the Contract Sales may be submitted:

1) via e-mail at: contact@kisoutdoor.com,

2) in writing o the address: MA Studio Katarzyna Marciniak, ul. Armii Krajowej 61, 05-075 Warszawa, Poland.

2. The Consumer will not be entitled to withdraw from the Contract Sales when the subject of the Contract Sales is nonprefabricated product, made to the Consumer’s specification or to cover his individual needs.
3. The model withdrawal form from the Contract Sales is set out in Appendix no. 2 to the Act of 30 May 2014 on consumer rights, as well as in the Appendix no. 1 to these Terms and Conditions. The Consumer may use the model form, however it is not necessary. There is no obstacle to submit such statement without the form, moreover, the Consumer may inform the Seller without using an expression „I withdraw from the contract”.
4. The period for withdraw from the Contract Sales shall begin on:

1) for the contract which consists of one-off delivery of the Product – the day of taking possession of the Product by the Consumer or other than a carrier person designated by him;

2) for the contract which consists of many Products delivered separately, in multiple lots or pieces – the date of taking possession of the last Product, lot or piece.

5. In the case of withdrawal from the Contract Sales, the Contract shall be considered not concluded.
6. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the Consumer’s statement on withdrawal from the Contract Sales, to return all payments made by the Consumer, including the delivery costs of the Product (except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method available at the Store). The Seller shall refund the payment using the same method of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed to a different method of return, which does not cause any costs for him. In any event, the Consumer may not incur any costs relating to the payments return.
7. The Consumer is obliged, no later than within 14 calendar days from the date on which he withdrew from the Contract Sales, to return the Product or hand it over to the person authorized by the Seller for pickup, unless the Seller offered that he will pick up the Product by himself. To meet the deadline, it is sufficient to resend the Product before the end of 14-days period. The Consumer may return the Product by sending it to the following address: ul. Armii Krajowej 61, 05-075 Warszawa, Poland.
8. In the case of sending by the Consumer the statement on withdrawal from the Contract Sales via e-mail, the Seller will send immediately to the Customer on the e-mail given by him the confirmation of receiving the statement on withdrawal from the Contract.
9. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
10. The Consumer bears the direct costs of returning the Product (e.g. the packaging costs, protection of the Product).

§ 13

Provisions concerning the Entrepreneurs

1. The provisions of this article are exclusively applicable to the Entrepreneurs and shall prevail over the other provisions of these Terms and Conditions.
2. The Seller is entitled to reduce the available payment methods, including requiring an entire or partial prepayment regardless on the payment method chosen by the Entrepreneur and fact of concluding of the Contract Sales.
3. Profits and burdens related to the Product and risk of accidental loss or damage to the Product passes to the Entrepreneur with the transferring the Product by the Seller to the carrier. In such case the Seller is not responsible for the loss, partial loss or damage of the Product from its acceptance for transport until delivery to the Entrepreneur and for a delay.
4. In the case of sending the Product to the Seller by the carrier, the Entrepreneur is obliged to check the shipment in the time and manner appropriate for this type of shipments.
5. All complaints about the Product should be submitted via e-mail or in writing within 14 days from the delivery. Lack of the notification to the Seller by the Entrepreneur in the above manner will be equivalent with the acceptance of the Product. The liability of the Seller under statutory warranty shall be excluded pursuant to the Art. 558 §1 of the Civil Code.
6. The Seller and the Entrepreneur shall seek to amicably resolve any disputes concerning or arising in connection with concluding and performance of the Contract Sales. If the Seller and the Entrepreneur do not succeed in reaching agreement the dispute shall be submitted for resolution by a common court of law of jurisdiction competent for the seat of the Seller.

§ 14

Final provisions

1. The Seller reserves the right to make changes to these Terms and Conditions due to significant reasons, in particular: change in laws, change of payment and delivery methods – in the scope in which the changes affect the execution of the Terms and Conditions. The Seller shall notify the Customer of any amendment at least 7 days in advance by placing on the website of the Store the relevant information.
2. In matters not covered by these Terms and Conditions, relevant provisions of Polish law, in particular: the Polish Civil Code, of the Act on providing services by electronic means, the Consumer Rights Act, Act on out-of-court settlement of consumer disputes, the General Data Protection Regulation (GDPR) and Act on personal data protection shall apply.
3. The provisions of these Terms and Conditions are not meant to exclude or limit any rights of the Consumers granted based on the binding legal provisions. All possible doubts arising in connection with the Terms and Conditions should be interpreted to the benefit of the Consumer. In the case of any possible nonconformity between the provisions of these Terms and Conditions with the above regulations, the binding legal provisions take priority and shall be applied.

 

 

 

 

 

 

 

 

 

Appendix no. 1 to the Terms and Conditions

 

The Addressee /the Seller: MA Studio Katarzyna Marciniak ul. Armii Krajowej 61 05-075 Warszawa Poland e-mail: contact@kisoutdoor.com     I hereby give notice that I withdraw from contract of sale of the following Products: ………………………………………………………………………………………………..   – Date of concluding of the Contract Sales ………………….   – First name and surname …………………………………….   – Address ………………………………………………..   – Signature ……………………………………………… (required only if the form is sent on paper)   – Date …………………………………………………