Regulations of the Kawka Szyje online store
Date of publication: 19/01/2023
The sale of products on the website is carried out by Anna Kawka, running a business under the name “Kawka Szyje Anna Kawka”, ul. Braci Okuniów 9, 05-825 Grodzisk Mazowiecki, entered into the Central Register and Information on Economic Activity, NIP: 5291844750, REGON: 524170682
Contact with the seller is possible at the e-mail address kawakaszyje@gmail.com
§1
Definitions
For the purposes of these Regulations, the following terms shall have the following meanings:
• Seller – Anna Kawka, running a business under the name “Kawka Szyje Anna Kawka”, ul.
Braci Okuniów 9, 05-825 Grodzisk Mazowiecki, entered into the Central Register and Information on Economic Activity, NIP: 5291844750, REGON: 524170682 • Buyer – an adult natural person or legal person who orders a product via the Store
• Store – online store at www.kawkaszyje.pl
• Consumer – a natural person concluding a sales contract with the Seller not directly related to its business or professional activity,
• Regulations – these regulations, available at http://kawkaszyje.com/regulamin-2
§2
Introductory Provisions
Through the Store, the Seller conducts retail sales, while providing electronic services to the Buyers.
Through the Store, the Buyer may purchase products shown on the store’s website.
The Regulations define the terms and conditions of using the store, the rights and obligations of the Buyer and the Seller. The Regulations are an integral part of the sales contract concluded between the Buyer and the Seller.
To use the Store and/or make a purchase in the Store, it is enough to have: a standard operating system, Internet access, a standard web browser, and an active e-mail address.
All prices given on the Store’s website are in Polish currency and are gross prices. Product prices entered on the Website do not include the cost of delivery. The cost of delivery is determined after selecting the product and placing it in the basket (at the bottom of the page).
The time of order fulfillment is each time specified on the Page of a given product. The delivery time specified on the Website is the maximum time, which means that the order may be processed earlier. The Seller will inform the Buyer about the deadline by e-mail.
§3
Services provided electronically
Through the Store, the Seller provides electronic services to the Buyer.
The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store. Placing an order is possible without having to create an account in the Store.
If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting in setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and a password defined by him.
Setting up an account in the Store is done by completing and sending, using the Store’s automatic mechanism, a registration form. Upon sending the registration form, an agreement for maintaining an account in the Store is concluded between the Buyer and the Seller.
The contract is concluded for an indefinite period, and the Buyer may terminate this contract with immediate effect at any time by deleting the account.
Services are provided electronically to the Buyer free of charge. However, sales contracts concluded via the Store are payable
In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the e-mail address kawakaszyje@gmail.com . In the complaint, the Buyer should provide the name and surname, correspondence address, as well as the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about its settlement to the e-mail address of the complainant.
§4
Order
The buyer can place an order as a registered customer or as a guest. A registered customer is a person who has created an account in the store.
The Buyer can set up an account from the “My Account” page (upper left corner on the Store’s home page), or when placing an order.
In order to place an order, the Buyer is obliged to follow the steps below:
1) Select the product or products that are the subject of the order (some of them will require the selection of appropriate size and length options), and then click the “Add to cart” button
2) Go to the “Add to cart” page Cart” (the cart button is in the main menu and is represented by an icon)
3) Select the form of order delivery
4) Click the “Proceed to payment” button
5) Enter your data necessary to complete the order
6) Select the payment method
6) Mark the acceptance and getting acquainted with the Regulations of the Store after having read its content.
Acceptance of the Regulations is voluntary, but necessary to place an order. 7) Click the “Buy and pay” button.
8) After clicking the button, the Buyer will be transferred to the order confirmation page. At the moment of placing the order (clicking on the “Buy and pay” button), a contract for the sale of products covered by the order is concluded between the Buyer and the Seller.
The buyer may not make a purchase anonymously or under a pseudonym. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness.
Through the Store, the Buyer may purchase standard products shown on the website. If the Buyer wants to purchase a non-standard product, prepared for an individual order, he is asked to contact the Seller directly via the contact form available on the Website (in the main menu, the “Contact” subpage) or at the e-mail address of the Seller at kawakaszyje@gmail.com. The rules for the implementation of the order and its costs will be agreed with the Buyer individually by exchanging e-mails.
§5
Forms of delivery and methods of payment
To read about payment and delivery methods, please check the “payments and delivery” tab in the footer.
§6
Execution of the contract
After placing the order by the Buyer in accordance with the procedure described in §4 of the Regulations, an order confirmation will be sent to the Buyer’s e-mail address
The buyer is obliged to pay the fee for the purchased products within 3 days from the conclusion of the contract if he chose the form of payment by traditional transfer.
After the payment is credited to the account, the Seller proceeds to fulfill the order. The seller proceeds to the execution of the order only after the funds have been credited to the account, never before.
The order is considered completed when the order is prepared for shipment or prepared for personal collection by the Buyer. The customer will be informed by the Seller via e-mail when the order is completed.
The time of order fulfillment is not possible to clearly define, because it depends on many factors. The Buyer has the opportunity to find out about the approximate time of order fulfillment before purchasing by contacting the Seller by e-mail at kawakaszyje@gmail.com. The delivery time is counted from the day the amount for the order is credited to the Seller’s bank account.
If the Customer has selected “personal collection” in the delivery options, the Seller, after completing the order, will contact the Buyer to the e-mail address provided by the Buyer in the order in order to arrange for the collection of the shipment.
The shipment of the order to the Buyer is carried out in the manner chosen by the Buyer from among the options described in §5 of the Regulations.
The time of delivery of the order to the Buyer depends on the shipping method chosen by the Buyer and is counted from the date of order completion by the Seller.
§7
Consumer’s withdrawal from the contract
A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
The right to withdraw from the contract does not apply to a contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs (in accordance with Article 38(3) of the Act on Consumer Rights).
In accordance with the above, all modifications to the basic product introduced at the Buyer’s request, such as changing the standard color of the embroidery, changing the location or shape of the embroidery, modifications within the clothing structure (changing the sleeve, skirt, non-standard length) are not returnable.
In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement – a letter sent by post or e-mail.
In order to meet the withdrawal deadline, it is enough for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the deadline for withdrawing from the contract to the Seller’s e-mail address or by post.
The consumer bears the direct cost of returning the products.
The consumer is responsible for the decrease in the value of the products 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.
§8
Product replacement
Exchange of a product for another is possible only when the Seller physically has the product in stock. In the case of tailoring to order, the Seller may refuse to exchange the goods for another. If the Customer wants to exchange the product for another, he should contact the Seller by sending a message to the e-mail address kawakaszyje@gmail.com in order to determine whether the Seller has the product in stock.
The exchange of goods is understood as concluding a new purchase contract. If the Customer wants to exchange the purchased product for another, he should first return the product to the address provided by the Seller, and then purchase the product again.
§9
Liability for defects
The Seller is obliged to provide the Buyer with a product free from defects. The Seller is liable to the Buyer if the product has a defect (warranty for defects).
The scope and rules of liability (warranty) for defects are regulated by the provisions of art. 556 – 576 of the Civil Code. Pursuant to the rules set out in these provisions, the Buyer may, among other things, demand removal of the defect, replacement of the item with a defect-free one, submit a statement of price reduction or withdrawal from the contract.
If the Buyer finds a defect in the product, he should inform the Seller about it, at the same time specifying his claim related to the defect found or submitting a statement of appropriate content.
A defect is considered to be visible damage to the fabric, a broken zipper, defective items of clothing, soiled fabric and the like.
In order to submit a complaint, the Buyer may contact the Seller both by traditional mail and by e-mail.
The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him using the means of communication used by the Buyer when submitting the complaint.
If the complaint is accepted, the Seller returns the order and shipping costs to the Buyer.
§10
Personal data and cookies
The administrator of the Buyer’s personal data is the Seller.
Details related to the processing of personal data and the use of cookies are described in the privacy policy available at http://kawkaszyje.com/polityka-prezentnosci/ .
§11
Out-of-court methods of dealing with complaints and pursuing claims
The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims.
The consumer may, among others: 1) turn to a permanent amicable consumer court with a request to settle a dispute arising from the concluded Sales Agreement,
2) use the assistance of the poviat (municipal) consumer rights ombudsman or social organization whose statutory tasks include consumer protection
. ) Applying to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the
Seller gov.pl.
The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
§12
Final Provisions
The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products on the Website without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the changes were introduced on the Website.
The Seller reserves the right to make changes to the Regulations. For contracts concluded before the amendment to the Regulations, the version of the Regulations in force on the date of placing the order by the Buyer shall apply.
Buyers who have an account in the Store about any changes to the Regulations will be notified by e-mail to the e-mail address assigned to the account in advance at least 14 days before the entry into force of the new Regulations. In the event of non-acceptance of the content of the new Regulations, the Buyer has the right to terminate the account maintenance agreement at any time by deleting the account or submitting an appropriate statement to the Seller, in any form, on termination of the account maintenance agreement.
All archival versions of the Regulations are available for download in .pdf format – links are below the Regulations.