Terms of Sale
The contract between the Buyer and the Seller can be concluded in two ways.
The Buyer has the right to negotiate all terms of the contract with the Seller before placing an order, including those that amend the provisions of the following regulations. These negotiations should be conducted in writing and directed to the Seller's address (Centrum Koronki Koniakowskiej, 43-474 Koniaków 704).
If the Buyer opts out of the possibility of concluding the contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
REGULATIONS
§1 Definitions
1. Data Controller: Fundacja Koronki Koniakowskie 43-474 Koniaków NIP: 5482703345, REGON: 381263856 KRS 00004748301
2. Postal Address: Name and surname or name of the institution, location in the town (if the town is divided into streets: street, building number, apartment or local number; if the town is not divided into streets: town name and property number), postal code, and town.
3. Complaint Address: Centrum Koronki Koniakowskiej, 43-474 Koniaków 704
4. Delivery Price List: Available at sklep-centrumkoronkikoniakowskiej.pl/s/dostawy, listing available delivery methods and their costs.
5. Contact Details: Centrum Koronki Koniakowskiej, 43-474 Koniaków 704 Email: centrum.koronki@gmail.com Phone: +48 535 328 291
6. Personal Data: Any information relating to an identified or identifiable natural person. Information is not considered to enable identification if it requires excessive costs, time, or actions.
7. Sensitive Data: Personal data containing information about racial or ethnic origin, political views, religious or philosophical beliefs, membership in religious, political, or trade union organizations, as well as data on health, genetic code, addictions, sexual life, convictions, sentences, and fines, and other decisions issued in court or administrative proceedings.
8. Delivery: The type of transport service along with the carrier and cost specified in the delivery price list at beskidodreki.pl/strona/dostawy
9. Proof of Purchase: Invoice, receipt, or other document issued in accordance with the Value Added Tax Act of March 11, 2004, with later amendments, and other applicable laws.
10. Product Card: A single subpage of the store containing information about a single product.
11. Client:
a. An adult natural person running a sole proprietorship, concluding a contract with the Seller directly related to their business or professional activity and having a professional nature;
b. An organizational unit without legal personality but with legal capacity;
c. A legal person.
12. Civil Code: The Civil Code Act of April 23, 1964, with later amendments.
13. Code of Good Practice: A set of conduct rules, especially ethical and professional norms, mentioned in Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, with later amendments.
14. Consumer: An adult natural person with full legal capacity or an adult natural person running a sole proprietorship, concluding a contract with the Seller directly related to their business or professional activity, but not having a professional nature.
15. Cart: A list of products made from the products offered in the store based on the Buyer's choices.
16. Buyer: Both the Consumer and the Client.
17. Place of Delivery: The postal address or collection point indicated in the Buyer's order.
18. Time of Delivery: The moment the Buyer or a third party designated by the Buyer takes possession of the item.
19. Online ODR Platform: An EU online service operating based on Regulation (EU) No 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes, available at https://ec.europa.eu/consumers/odr/.
20. Payment: The method of payment for the contract and delivery specified at sklep-centrumkoronkikoniakowskiej.pl/strona/platności
21. Authorized Entity: An entity authorized to resolve consumer disputes out of court under the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, with later amendments.
22. Privacy Policy: The rules for processing Buyers' personal data by the Data Controller, the rights of Buyers, and the obligations of the Data Controller, available at beskidodreki.pl/strona/polityka-prywatnosci
23. Consumer Law: The Consumer Rights Act of May 30, 2014.
24. Product: The minimum and indivisible quantity of an item that can be ordered, specified in the Seller's store as a unit of measure for its price (price/unit).
25. Subject of the Contract: Products and delivery being the subject of the contract.
26. Object of Performance: The subject of the contract.
27. Collection Point: A place of delivery not being a postal address, listed in the summary provided by the Seller in the store.
28. UOKiK Register: The register of authorized entities kept by the Office of Competition and Consumer Protection under the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, with later amendments, available at https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. GDPR: Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons regarding the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC and the Act of May 10, 2018, on personal data protection.
30. Item: A movable item that can be or is the subject of the contract.
31. Store: The online service available at sklep-centrumkoronkikoniakowskiej.pl through which the Buyer can place an order.
32. Seller: Fundacja Koronki Koniakowskie, 43-474 Koniaków 704 NIP: 5482703345, REGON: 381263856, KRS 00004748301 Registered and visible in the KRS registry at the address: KRS
BANK ACCOUNT: PLN Account Number: ING BANK ŚLĄSKI 86 1050 1070 1000 0090 8043 7933 EUR Account Number: ING BANK ŚLĄSKI PL 64 1050 1070 1000 0090 8043 7941 SWIFT: INGBPLPW
Bank PKO Bank Polski nr 96 1020 1390 0000 6402 0689 1156 SWIFT PKOPLPW
33. System: A set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the appropriate type of network terminal device, commonly referred to as the Internet.
34. Implementation Date: The number of hours or working days specified on the product card.
35. Contract: A contract concluded outside the entrepreneur's premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014, for Consumers, and a sales contract within the meaning of Article 535 of the Civil Code Act of April 23, 1964, for Buyers.
36. Defect: Both physical and legal defects.
37. Physical Defect: Non-compliance of the sold item with the contract, especially if the item:
◦ Does not have the properties that such an item should have due to the purpose specified in the contract or resulting from circumstances or intended use;
◦ Does not have the properties that the Seller assured the Consumer about;
◦ Is unsuitable for the purpose specified by the Consumer at the time of the contract conclusion, and the Seller did not raise any objections to such intended use;
◦ Was delivered to the Consumer in an incomplete state;
◦ Was improperly installed and launched if these actions were performed by the Seller or a third party for whom the Seller is responsible or by the Consumer following instructions received from the Seller;
◦ Does not have the properties assured by the manufacturer, its representative, or a person introducing the item into circulation as part of their business activity, as well as a person who, by placing their name, trademark, or other distinguishing marks on the sold item, presents themselves as the manufacturer, unless the Seller was not aware of these assurances or, reasonably evaluating, could not have known or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the contract conclusion.
38. Legal Defect: The situation when the sold item is owned by a third party or is encumbered with the right of a third party, as well as when a restriction in the use or disposal of the item results from a decision or ruling of a competent authority.
39. Order: The Buyer's declaration of intent submitted via the store, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery, and the Buyer's data aimed directly at concluding a contract between the Buyer and the Seller.
§2 General Conditions
The agreement is concluded in Polish, in accordance with Polish law and these regulations.
The place of delivery must be within the territory of the Republic of Poland.
The Seller is obliged to provide services and deliver goods free from defects.
All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list.
All deadlines are calculated in accordance with Article 111 of the Civil Code, which means that a deadline specified in days ends at the end of the last day, and if the start of a deadline specified in days is a specific event, the day on which the event occurs is not counted.
Confirmation, provision, recording, and securing of all significant terms of the agreement to enable access to this information in the future is done in the following forms:
Order confirmation sent to the indicated email address, including: order, pro forma invoice, information on the right of withdrawal, these regulations in PDF format, a withdrawal form in PDF format, and links for downloading the regulations and withdrawal form.
Attachment to the completed order sent to the indicated place of delivery, including: proof of purchase, information on the right of withdrawal, these regulations, and a withdrawal form.
The Seller informs about known guarantees provided by third parties for products available in the store.
The Seller does not charge any fees for communication with him using remote means of communication, and the Buyer will bear the costs in the amount resulting from the agreement with the third party providing the specified service enabling remote communication.
The Seller ensures the proper functioning of the store in the following browsers: IE version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of browsers: Internet Explorer, Firefox, Opera, Chrome, Safari may affect the correct display of the store. Therefore, for full functionality of the store sklep-centrumkoronkikoniakowskiej.pl, it is recommended to disable them.
The Buyer can use the option of remembering his data by the store to facilitate the process of placing the next order. For this purpose, the Buyer should provide a login and password necessary to access his account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer has the ability to view, correct, update data, and delete the account in the store at any time.
The Seller adheres to the code of good practice.
The Buyer is obliged to:
Not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory or violating personal rights and other rights of third parties.
Use the store in a manner that does not disrupt its functioning, especially through the use of specific software or devices.
Not take actions such as sending or placing unsolicited commercial information (spam) within the store.
Use the store in a way that is not inconvenient for other Buyers and the Seller.
Use all content posted within the store only for personal use.
Use the store in accordance with the applicable law on the territory of the Republic of Poland, the provisions of these regulations, and general netiquette principles.
§3 Conclusion of the Agreement and Execution
Orders can be placed 24 hours a day.
To place an order, the Buyer should perform at least the following steps, some of which may be repeated multiple times:
1. Add a product to the cart.
2. Select the type of delivery.
3. Select the type of payment.
4. Select the place of delivery.
5. Place an order in the store by using the "Buy and pay" button.
The agreement with the Consumer is concluded upon placing the order.
The execution of the Consumer's order payable by bank transfer or through the electronic payment system takes place after the payment is credited to the Seller's account, which should occur within 30 days from placing the order, unless the Consumer was unable to fulfill the obligation due to no fault of their own and informed the Seller.
The agreement with the Client is concluded upon acceptance of the order by the Seller, which the Seller informs the Client about within 48 hours from placing the order.
The execution of the Client's order payable by bank transfer or through the electronic payment system takes place after the agreement is concluded and the payment is credited to the Seller's account.
The execution of the Client's order may be dependent on the payment of the full or part of the order value, obtaining a credit limit of at least the order value, or the Seller's consent to send the order cash on delivery (payable upon receipt).
The dispatch of the subject of the agreement occurs within the timeframe specified on the product page, and for orders consisting of multiple products, within the longest timeframe specified on the product pages. The term begins upon the execution of the order.
The purchased subject of the agreement is sent along with the proof of purchase chosen by the Buyer by the delivery method selected by the Buyer to the place of delivery indicated by the Buyer in the order, along with the attachments referred to in §2 point 6b.
§4 Right to Withdraw from the Agreement
The Consumer has the right to withdraw from a distance agreement, without giving any reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Consumer Rights Act, within 14 days from the date of receipt of the item. To meet the deadline, it is sufficient to send a statement before its expiration.
The statement of withdrawal from the agreement can be submitted by the Consumer on the form, a template of which is Annex 2 to the Consumer Rights Act, on the form available at sklep-centrumkoronkikoniakowskiej.pl/strona/zwroty-i-reklamacje, or in any other form consistent with the Consumer Rights Act.
The Seller shall promptly confirm the receipt of the statement of withdrawal from the agreement to the Consumer via email (provided during the agreement and another if provided in the statement).
In the event of withdrawal from the agreement, the agreement is considered not concluded.
The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day they withdrew from the agreement. To meet the deadline, it is sufficient to send the item before its expiration.
The Consumer sends the items that are the subject of the agreement from which they have withdrawn at their own cost.
The Consumer does not bear the cost of delivering digital content not recorded on a tangible medium if they have not consented to the performance before the withdrawal deadline or have not been informed about the loss of the right of withdrawal at the time of giving such consent, or the entrepreneur has not provided confirmation in accordance with Article 15(1) and Article 21(1) of the Consumer Rights Act.
The Consumer is liable for the decrease in the value of the item resulting from its use beyond what is necessary to determine its nature, features, and functioning.
The Seller shall promptly, but no later than 14 days from the receipt of the statement of withdrawal from the agreement made by the Consumer, refund all payments made by the Consumer, including the cost of delivering the item to the Consumer. If the Consumer chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller shall not refund the additional costs in accordance with Article 33 of the Consumer Rights Act.
The Seller makes the refund using the same payment method used by the Consumer, unless the Consumer expressly agrees to a different method that does not incur any costs for them.
The Seller may withhold the refund until they receive the item back or the Consumer provides proof of returning it, whichever occurs first.
The Consumer is not entitled to withdraw from the agreement in the cases specified in Article 38 of the Consumer Rights Act, including contracts for:
• Services where the price depends on fluctuations in the financial market beyond the control of the Seller.
• Custom-made or personalized items.
• Items that deteriorate quickly or have a short shelf life.
• Sealed items that are not suitable for return due to health protection or hygiene reasons if the seal is broken.
• Items that are inseparably mixed with other items after delivery.
• Sealed audio or video recordings or computer software once the seal is broken.
• Digital content not recorded on a tangible medium if performance began with the Consumer's consent before the withdrawal deadline and they were informed about the loss of the right of withdrawal.
• Newspapers, periodicals, or magazines, except for subscription contracts.
§5 Warranty
The Seller, based on Article 558§1 of the Civil Code, completely excludes liability to Clients for physical and legal defects (warranty).
The Seller is liable to the Consumer under the rules specified in Articles 556 of the Civil Code and subsequent ones for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is found within one year from the date of delivery, it is assumed that it existed at the time the danger passed to the Consumer.
If the sold item has a defect, the Consumer may:
Submit a statement demanding a price reduction.
Submit a statement of withdrawal from the agreement.
Unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not fulfill the obligation to replace the item with a defect-free one or remove the defect, the Consumer is not entitled to replace the item or remove the defect.
5. The Consumer may, instead of the proposed removal of the defect by the Seller, demand the replacement of the item with a defect-free one or, instead of the replacement of the item, demand the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller, taking into account the value of the item without defects, the type and significance of the defect, and the inconvenience for the Consumer related to a different method of satisfaction.
6. The Consumer cannot withdraw from the agreement if the defect is insignificant.
7. If the sold item has a defect, the Consumer may also:
Demand the replacement of the item with a defect-free one.
Demand the removal of the defect.
8. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
9. The Seller may refuse to comply with the Consumer's demand if bringing the defective item into conformity with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the second possible method of bringing it into conformity with the agreement.
10. In the event that the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacement with a defect-free one or after removing the defect, but is obliged to bear part of the related costs exceeding the price of the sold item or may demand from the Seller to pay part of the dismantling and reinstallation costs, up to the price of the sold item. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to perform these activities at the Seller's expense and risk.
11. The Consumer who exercises the rights under the warranty is obliged, at the Seller's expense, to deliver the defective item to the complaint address, and if, due to the type of item or the method of its installation, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the Seller's expense and risk.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the agreement.
14. The Seller shall respond within fourteen days to declarations based on Article 5615 of the Civil Code: the declaration of a demand for a price reduction, the demand for the replacement of the item with one free from defects, and the demand for the removal of defects. The Seller shall respond within thirty days (Article 7a of consumer law) to any other declaration of the Consumer that is not subject to the fourteen-day period specified in the Civil Code.
Otherwise, it is considered that the statement or demand made by the Consumer is justified.
15. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item within one year from the date of delivery of the item to the Consumer.
16. The Consumer's claim for the removal of the defect or replacement of the sold item with a defect-free one is time-barred after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item within one year from the date of delivery of the item to the Consumer.
17. In the event that the specified use period of the item ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of the item found before the expiration of this period.
18. Within the periods specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the agreement or a price reduction due to a physical defect of the sold item, and if the Consumer demanded the replacement of the item with a defect-free one or the removal of the defect, the deadline for submitting a statement of withdrawal from the agreement or a price reduction begins with the ineffective expiration of the deadline for replacing the item or removing the defect.
19. In the event of pursuing one of the rights under the warranty before a court or arbitration court, the deadline for exercising other rights entitled to the Consumer under this title is suspended until the final conclusion of the proceedings. This rule also applies to mediation proceedings, where the deadline for exercising other rights under the warranty entitled to the Consumer begins from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective conclusion of the mediation.
20. For the exercise of rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, with the provision that the deadline begins from the date on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of a third party's action - from the date on which the judgment issued in a dispute with a third party became final.
21. If, due to the defect of the item, the Consumer submitted a statement of withdrawal from the agreement or a price reduction, the Consumer may demand compensation for the damage suffered due to the fact that they entered into the agreement without knowing about the existence of the defect, even if the damage resulted from circumstances for which the Seller is not responsible, and in particular, the Consumer may demand the reimbursement of the costs of concluding the agreement, the costs of collecting, transporting, storing, and insuring the items, the reimbursement of the expenses incurred to the extent that they did not benefit from them, and did not receive their reimbursement from a third party, and the reimbursement of the process costs. This does not prejudice the regulations on the obligation to repair the damage on general terms.
22. The expiration of any deadline for finding a defect does not exclude the exercise of rights under the warranty if the Seller fraudulently concealed the defect.
23. The Seller, if obligated to provide a service or financial benefit to the Consumer, shall do so without undue delay, no later than within the period prescribed by law.
§6 Privacy Policy and Personal Data Security
1. The Personal Data Administrator is responsible for the lawful processing of personal data, and the principles of collecting, processing, and storing personal data, as well as the Buyer's rights related to their personal data, are available in the Privacy Policy.
2. The Personal Data Administrator processes the Buyers' personal data based on consent and in connection with the Seller's legitimate interests.
3. The Personal Data Administrator collects and processes personal data only to the extent justified by contractual or legal obligations.
4. The Buyer's consent to the processing of personal data is voluntary, and consent for processing data for a specific purpose may be withdrawn at any time.
5. For the purpose of fulfilling the Buyer's order, the following personal data are collected:
◦ postal address – necessary for issuing proof of purchase;
◦ delivery address – necessary for addressing the shipment;
◦ email – necessary for communication related to order fulfillment;
◦ phone number – necessary in the case of selecting certain types of delivery.
6. Detailed solutions regarding the protection of personal data related to placing an order, as well as using the store before and after placing an order, are contained in the Privacy Policy.
§7 Final Provisions
Nothing in these regulations is intended to violate the rights of the Buyer. It also cannot be interpreted in this way, as in the case of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute subordination and application of this law in place of the challenged provision of the regulations.
Registered Buyers will be notified of any changes to the terms and conditions and their scope via email (to the email address provided during registration or order placement). Notification will be sent at least 30 days before the new terms and conditions take effect. Changes will be made to adapt the terms and conditions to the current legal state.
The current version of the terms and conditions is always available to the Buyer in the terms and conditions section (shop-centrumkoronkikoniakowskiej.pl/terms). During the order fulfillment and throughout the entire post-sale support period, the terms and conditions accepted by the Buyer at the time of placing the order shall apply. Except in cases where the Consumer considers them less favorable than the current ones and informs the Seller of their choice to apply the current terms and conditions.
In matters not regulated by these terms and conditions, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or through a trial before the arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, for example, through the EU online platform ODR or by selecting any authorized entity from the UOKiK register. The Seller declares the intention and agrees to out-of-court resolution of consumer disputes.
Ultimately, the matter will be resolved by the locally and materially competent court.
Version 1.0 (Koniaków, December 15, 2021)