2. The Seller shall deliver the Goods subject to the Sales Agreement without defects. 3. The Seller presents the information on the number of working days needed for the delivery and execution of the order for a given item on the Online Shop Website next to individual Goods display. 4. The deadline for delivery and order completion indicated on the Online Shop Website is calculated in Business Days. The Goods subject of the Sales Agreement are sent within the time limit specified on the website next to a particular item. For orders consisting of many Goods, shipment takes place within the longest time specified. The period begins when the entire order is completed. 5. The ordered Goods are sent together with the sales document to the Customer via the supplier to the address indicated in the order form. If the chosen Supplier is InPost Paczkomaty Sp. z o.o. with headquarters in Krakow, the delivery address will be the address of the parcel locker selected by the customer at the time of placing the order. 6. The Customer is obliged to examine the delivered parcel in time and in the manner adequate for parcels of a given type. In the event of a defect or damage to the parcel, the Customer has the right to request the Supplier to generate a proper report. 7. The seller attaches the receipt or VAT invoice covering the delivered goods to the shipment being the subject of the Delivery. 8. If the Customer fails to collect the parcel, she or he is obliged to cover the costs of return shipment to the Seller's headquarters in the amount corresponding to the price of its delivery to the Customer. § 7 Warranty 1. The seller ensures the delivery of goods free from physical and legal defects. Pursuant to art. 558 par. 1 of the Civil Code the seller excludes liability for physical and legal defects (warranty) to Customers who are not Consumers. The Seller is liable for defects to the Customers who are Consumers on the terms set out in art. 556 et seq. of the Civil Code. 2.If an item has a defect, the Consumer may submit a statement on the reduction of the price or withdrawal from the Sales Agreement, unless the Seller replaces the faulty good with a faultless one or removes the defect immediately and without undue inconvenience to the Customer. This restriction does not apply if the product has already been replaced or defect removed by the Seller. The Consumer can request replacement of the item for a faultless one or demand defect removal instead of item replacement, unless ensuring item compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the seller. When assessing the excess of costs, the value of the faultless item, the type and significance of the defect as well as the inconvenience to which the buyer would otherwise be exposed are taken into account. 3. The Consumer can request replacement of the item for a faultless one or a defect removal instead of the defect removal offered by the Seller, unless ensuring item compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the faultless item, the type and significance of the defect as well as the inconvenience to which the Consumer would otherwise be exposed are taken into account. In this case, the Seller may refuse to satisfy the Consumer's request. 4. The Consumer may not withdraw from the contract if the defect is irrelevant. 5.A Consumer who exercises warranty rights is obliged to deliver a defective item at the Seller's expense to the Seller's designated address. 6. The Consumer may address all complaints related to the goods or the performance of the Sales Agreement in writing to the Seller's address (KRAYNA Sp. Z o.o. Hebanowa 1, 85-368 Bydgoszcz or e-mail address [email protected]
7. The Seller undertakes to respond to the complaint about the Goods within 14 days from the date of request containing the complaint submitted by the Consumer. 8. Within one year from the date of finding the defect, the Consumer may submit a statement of withdrawal from the contract or a reduction in price due to a physical defect of the item sold, and if the Consumer demands replacement of the item for a faultless one or removal of the defect, the deadline for submitting a statement of withdrawal from the contract or the price reduction begins when the deadline for replacing the item or removing the defect expires ineffectively. In the event of an investigation before a court or arbitral tribunal into one of the rights under the warranty, the time limit for exercising other rights to which the Consumer is entitled shall be suspended until the final termination of the proceedings. Accordingly, it also applies to mediation proceedings, where the deadline for exercising other rights under the warranty to which the Consumer is entitled begins on the day the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation. § 8 Withdrawal from the Sales Agreement 1. The Customer who is a Consumer who has concluded a Sales Agreement, may withdraw from it without providing a reason within 14 days from the moment receiving the product. The deadline for withdrawing from the Sales Agreement starts at the moment the Consumer receives the Goods. 2. The consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted in writing - on a form, an example of which is attached to the Regulations (using the form is not mandatory). A declaration of withdrawal from the contract made in writing should be sent to the Seller's address: KRAYNA Sp. z o. o. St. Hebanowa 1, 85 - 368 Bydgoszcz. 3. The declaration of withdrawal from the contract may also be submitted electronically with the use of the form published by the Seller on the Online Shop website at: www.krayna.pl 4. The deadline is met if the declaration is sent before its expiry. 5. In the event of withdrawal from the contract of sale, it is considered void. 6. The seller is obliged to immediately and not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return all payments made by her or him, including the cost of delivery of the goods to the Consumer. The Seller reimburses the payment using the same method of payment as used by the Consumer unless the Consumer expressly agrees to a different method of reimbursement which does not entail any costs for her or him. The Seller may withhold the reimbursement of payments received from the Consumer until she or he has received the goods back or the Customer has provided proof of returning the goods, whichever occurs first. 7. The Seller is shall reimburse the Consumer for the cheapest shipping costs incurred by her or him during the purchase. 8. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the day on which she or he withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods to the Seller's address before the deadline. 9.The Consumer is responsible for reducing the value of the Goods as a result of use which goes beyond what is necessary to establish the nature, characteristics and functioning of the good. § 9 Reporting threat or violation of rights 1. In the event of a situation where the Customer or another person or entity considers that the content published on the Online Shop Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, a secret protected by law or based on an obligation, they may notify the Seller of a potential breach. 2. If the application referred to in section 1 above is deemed reasonable, the Seller, who is notified of a potential violation, takes immediate actions to remove the content that is the cause of the violation from the Website. § 10 Protection of personal data 1. The controller of the personal data of Customers provided to the Seller voluntarily as part of registration, placing a one-off order and as part of the electronic provision of services by the Seller or under other circumstances specified in the regulations, is the Seller, i.e.: KRAYNA SP. ZOO, ul. Hebanowa 1, 85-368 Bydgoszcz 2. Personal data provided by the Customer during registration, subsequent editing of the Customer Account in the Online Shop and at the time of joining the services provided electronically (e.g. making purchases in the Shop) will be processed by the Seller, primarily in order to perform the concluded contract for the provision of electronic services on the conditions described in the Regulations establishing, shaping the content, changing or terminating the legal relationship as part of the Online Shop services and considering any complaints). The legal basis for such processing is Art. 6 clause 1 letter b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter referred to as "Regulation"). 3. In addition, these data will be processed by the Seller for the purpose of marketing its own services (in cases where the law allows the processing of data for this purpose without the consent of the data subject), based on the legal basis specified in section 6 clause 1 lit. f) of the Regulation. Personal data provided / made available as part of the Online Shop may also be used by the Seller for other purposes if the Customer gives a separate, optional consent to such processing. 4. The Customer provides her or his personal data to the Seller voluntarily, with the provision that the failure to provide specific data in the registration process prevents the registration and creation of a Customer Account and prevents the submission and implementation of the order. 5. Everyone who provides the Seller with their personal data has the right to access their personal data, rectify it, delete or limit processing, the right to object to further processing (in the event that the basis for processing is the justified interest of the controller), the right to transfer personal data. If the Customer considers the processing of her or his personal data as a violation of the provisions of the Regulation, she or he has the right to lodge a complaint to the supervisory body in the field of personal data protection, i.e. to the President of the Office for Personal Data Protection. The Customer can also view, correct, update and delete her or his personal data at any time. 6. The Seller provides the opportunity to delete personal data from the collection, in particular in the event of deletion of the Customer Account. The Seller may refuse to delete personal data if the customer has not settled all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the liability of the Customer. 7. Personal data will be processed until the possible claims expire after the Customer Account is deleted, and in the case of marketing activities, until the consent for their further processing is withdrawn. In the case of purchases, invoicing data will be processed until the expiry of the limitation period for the tax liability and until the limitation period for claims or the end of period 8. The Seller protects the personal data provided to her or him and makes every effort to protect it against unauthorized access or use by unauthorized persons. 9. The Seller provides the Customer's personal data to the Supplier to the extent necessary to perform the Delivery. Personal data may be disclosed to the employees or associates of the Seller as well as to entities providing support to the Seller on the basis of commissioned services and in accordance with concluded entrustment agreements and entities authorized under the law. 10. With the express consent of the Customer and following her or his choice of payment using the Przelewy24- PayPro Spółka Akcyjna system based in Poznań, the Seller, transfers the Customer's personal data to the extent necessary for the implementation of the Sales Agreement concluded with the Seller to Przelewy24 PayPro Spółka Akcyjna based in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Department of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of PLN 4,500,000.00 , fully paid (e-mail: [email protected]
). icSaaSbpo § 11 Termination of the contract (not applicable to Sales Agreement) 1. Both the Customer and the Seller may terminate the contract for the provision of electronic services concluded at the time of Registration of the Customer Account at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above contract and provisions below. 2. The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of intent to the Seller, using any means of distance communication, enabling the Seller to read the customer's declaration of intent. 3. The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of intent to the Customer, to the e-mail address provided by the Customer during registration. Final Provisions 1. The Seller is liable to Consumers for non-performance or improper performance of the contract. In the case of contracts concluded with Customers who are not Consumers, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses suffered by such Customer. 2. In the event of a dispute on the basis of a concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. Polish law is applicable to the settlement of any disputes arising under these Regulations. 3. The Seller reserves the right to amend the Regulations for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance. If the Customer does not accept the new content of the Regulations, she or he is obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of par. 12 of the Regulations. 4. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act. 5. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint consideration and redress methods. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to settle disputes out of court. They may in particular be consumer ombudsmen or Voivodship Inspectorates of Trade Inspection, as listed on the website of the Office of Competition and Consumer Protection.