Terms and Conditions
1. The website and the Online Store, available at perfekt.krakow.pl, are run by Firma Produkcyjno Usługowa Perfekt s.c. Anna, Jacek and Wojciech Kościelny (Production and Service Company "Perfekt") with its registered office at ul. Jantarowa 13, 30-298 Kraków, NIP: 677 006 61 56. REGON 350427061.
2. These Terms are addressed to both Consumers and Companies using the website and the Store, and define the rules of using the service as well as the rules for concluding Sales Agreements with the Customer at a distance.
1. Consumer - a natural person concluding a contract with the Seller in the Store, who is not directly related to its business or professional activity.
2. Seller - Firma Produkcyjno Usługowa Perfekt s.c. Anna, Jacek and Wojciech Kościelny, which is a civil partnership of natural persons running a business and entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 677 006 61 56. REGON 350427061.
3. Customer - each entity making purchases through the Store.
4. Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, that is granted legal capacity, performing economic activity on its own behalf.
5. Store - the online store run by the Seller at perfekt.krakow.pl/shop.
6. Distance contract - contract concluded with the Customer as part of the organized system of concluding distance contracts (within the Store) or via e-mail, telephone, fax, without the physical presence of the parties, with the sole use of one or more means of communication at a distance until the conclusion of the contract.
7. Terms - these regulations.
8. Order - Customer's declaration of will submitted via the Order Form or other means of remote communication and aimed directly at concluding the Product Sale Agreement with the Seller.
9. Order Form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
10. Cart - an element of the Store's system in which the Products selected for purchase are visible, and which also enables setting and modifying the Order data, in particular the quantity of products.
13. Product - a movable item or service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement - a Product sales contract between the Customer and the Seller concluded via the Online Store or other means of distance communication. The Sales Agreement also means - depending on the features of the Product - a contract for the provision of services or a contract for specific work.
Contact with the Store
1. Seller's address: ul. Jantarowa 13, 30-298 Kraków.
2. Seller's e-mail address: email@example.com.
3. Seller's telephone number: +48 12 425 27 94
4. The Seller's fax number: 12 625 11 30.
5. The Seller's bank account number: 37 1500 1979 1219 7001 0577 0000 (Santander Bank Polska SA).
6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
7. The Customer may communicate by phone with the Seller between 8:00 am and 3:00 pm on business days.
To use the Store, including browsing the Store's goods and placing orders for Products, you need:
a. device with access to the Internet and a web browser such as Chrome, Internet Explorer, Edge, Mozilla, Opera, Safari or other compatible with the HTML5 standard,
b. an active e-mail account,
1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment and placing orders does not require setting up a user account.
3. The prices in the Store are presented in Polish zlotys and are gross prices (including VAT).
4. The final amount to be paid by the Customer consists of the price for the Products and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order.
5. When the nature of the Order does not allow, judging reasonably, to calculate the final price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be given in the Store in the Product description or in the Order Form or provided to the Customer before concluding the Sales Agreement.
Order submission rules
1. To place an Order:
a. Select Product for the Order, and then click the "Add to Cart" (or equivalent) button;
b. fill in the Order Form by entering the details of the recipient and the delivery address, select the method of delivery of the Product, enter the invoice details, if different from the details of the recipient of the Order,
c. click the "Order" button,
d. choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 7 point 3.
Available methods of delivery and payment
1. The Customer may use the following methods of delivery or
collection of the ordered Products:
a. Postal shipment,
c. Personal collection available at the Seller's office.
2. The Customer may use the following payment methods:
a. Payment on collection
b. Payment on delivery
c. Payment by bank transfer to the Seller's account
d. Electronic payments
e. Payment by card.
3. Detailed information on acceptable delivery and payment methods can be found in the Store's website shopping cart.
Conclusion of the Sales Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 6 of the Terms or by sending the Order using other means of distance communication.
2. After placing the Order via the Form, the Seller immediately confirms its receipt and at the same time accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3. In the case of placing an order without the Form using other means of distance communication, the Seller's declaration of receipt of the Order and its acceptance for fulfillment and confirmation of the conclusion of the Sales Agreement shall be sent to the Customer by the way indicated in the order.
4. If the Customer chooses:
a. Payment by bank transfer, electronic payment or payment by card — the Customer is obliged to make the payment within 5 calendar days from the date of concluding the Sale Agreement - otherwise the order will be canceled.
b.payment on delivery — the Customer is obliged to make the payment upon delivery.
c. cash payment on personal pickup — the Customer is obliged to make the payment personally within 5 days from the date of receipt of information about the readiness of the Products for collection.
5. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description, in the manner chosen by the Customer when placing the Order.
6. In the case of ordering Products with different delivery dates, the delivery date becomes the latest date.
7. The beginning of delivery period of the Products to the
Customer is counted as follows:
a. If the Customer selects the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b. If the Customer chooses the method of payment on delivery - from the date of the Sale Agreement,
8. If the Customer selects personal collection, the Products will be ready for collection by the Customer within the time limit specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Products for collection by sending an appropriate e-mail to the Customer's e-mail address provided when placing the Order.
9. The Products are delivered to all contries, however deliveries outside the European Union may be subject to additional fees.
10. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order.
11. Personal collection of the Product by the Customer is free of charge.
The right to withdraw from the agreement
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the time limit specified in point 1 begins with the delivery of the Product to the Consumer or a person designated by him (other than the carrier).
3. The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send the statement before the expiry of this period.
4. The statement may be sent by traditional mail, fax or electronically by sending it to the Seller's e-mail address - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, whose template can be found in the attachment to the Act of May 30, 2014 on consumer rights (Poland), however it is not mandatory.
5. In the event of sending the statement by the Consumer by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
6. Consequences of withdrawing from the Agreement:
a. In the event of withdrawing from the Agreement concluded remotely, the Agreement shall be deemed not concluded.
b. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the costs of delivering the items, except for additional costs resulting from the Consumer's selected delivery method other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement of the payment will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.
d. The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
e. The consumer should send the Product back to the Seller's address provided in these Term immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
g. The consumer is liable only for the reduction in the value of the Product resulting from using it in a different way than was necessary to establish its nature, characteristics and functioning.
7. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.
8.The right to withdraw from a distance contract is not entitled to
the Consumer in relation to the Agreement:
a. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
b. In which the subject of the service is an item delivered in a sealed packaging, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery,
c. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
d. for the provision of services, in case when the Seller has fully performed the service with the express consent of the Consumer, who was informed beforehand that after the fulfillment of the service by the Seller, he will lose the right to withdraw from the Agreement,
e. in which the subject of the service are items that after delivery, due to their nature are inseparably connected with other items,
Complaints and warranty
1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Terms.
5. It is recommended to include in the complaint things like a brief description of the defect, the circumstances (including the date) of its occurrence, data of the customer submitting the complaint, and the customer's request in connection with the defect of the goods.
6. The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was considered justified.
7. Goods returned as part of the complaint procedure should be sent to the Seller's address.
8. The Seller provides a guarantee for the offered products. If in the Product description there is no information about the warranty period for this Product, the warranty period is 12 months.
Out-of-court ways of dealing with complaints and redress
1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using
out-of-court complaint and redress methods:
a. The consumer is entitled to apply to a permanent amicable consumer court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .
Personal data in the Online Store
1. The Seller is the administrator of personal data of Customers collected via the Online Store.
2. Customers' personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement.
3. The recipients of personal data of the Customers of the Online
Store may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, but failure to provide the data indicated in the Terms necessary to conclude a Sales Agreement results in the inability to conclude this contract.
1. Agreements concluded through the Online Store are concluded in Polish or English.
2. The Seller reserves the right to amend these Terms for important reasons, that is: changes in the law, changes in payment and delivery methods. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Terms, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/
6. In the event of concluding an individual written contract with the Customer regarding an order, the provisions of such an agreement take precedence over the Terms.