I. GENERAL PROVISION
- The Online Shop located at www.krafla.eu is conducted by the company under name „Krafla” Paulina Pająk, address: ul. Dobrego Pasterza 29/18, 31-416 Kraków, POLAND, VAT Nr PL6792924816 , REGON: 362033513
- Definitions used in these terms and conditions means:
- a) Krafla Shop – Online Shop located at www.krafla.eu
- b) the Buyer – natural person, legal entity or organizational entity without legal personality, which conclude sale agreement with Krafla Shop. When the Buyer is natural person, should have full capacity for legal acts.
- c) the Consumer – natural person who conclude sale agreement which is not directly related to his business or professional activity and to which the regulations of Polish Consumer Rights Act (Journal of Laws from 2014, item 827) are applicable,
- e) Sale Agreement – sale agreement of items concluded between Krafla Shop and the Buyer
- f) Items – every product which is subject of sale by Krafla Shop
- Krafla Shop sell household articles, including decoration articles. Contact with Krafla Shop is possible by e-mail: firstname.lastname@example.org or by phone: tel. no. 0048607159000.
- Terms and conditions set out inter alia rights and obligations of Krafla Shop and the Buyer: conditions of concluding Sale Agreement with the means of distance communication between Krafla Shop and Buyer, conditions of complaint and conditions for processing personal data of the Buyer who is Consumer.
- Commercial informations (prices and descriptions of items) posted on the website www.krafla.eu does not constitute the offer in the meaning of Polish Civil Code, but rather an invitation to treat. By placing the order with the tools available on Krafla Shop website, the Buyer makes an offer of purchase item on conditions given in the descriptions.
- The Buyer acknowledge, that some of offering items are hand made and because of that may vary in color or shape.
- All of prices given in Krafla Shop are gross (include Value Added Tax).
- Krafla Shop may offer discounts or promotions. Some of promotions may be pursue by „Coupon Code” shared mostly on website www. Krafla.eu or by e- mail to persons who joined the newsletter.
- Krafla Shop warrant that sold Items have legal origin.
- In order to placing the order in Krafla Shop, Buyer shall has the computer fullfiling the following requirements: operate one of intermet browser: Firefox 3+; Opera 9+; Internet Explorer 7+; Gogle Chrome 3+, where „+” means version of browser 3.0 and higher.
- The Buyer who intends to place the order in Krafla Shop shall complete form of registration and creates an account or place an one-time order without the registration. Properly filled order form requires filling all of the fields in form.
- The Buyer in order to placing the order shall add Items to „Shopping cart” then chose the CHECKOUT button.
- After choosing CHECKOUT button, the Buyer follows all the steps in purchasing process, including giving personal data in order to realize the order. The Buyer finishes the order by choosing form of payment: PAY PAL or bank wire what means that the Buyer accept that ordering is associated with the obligation of payment.
- If the Buyer wants to receive VAT invoice, giving the company data is necessary through fulfilling appropriate fields in order form. Buyer who is active VAT-EU payer may require VAT invoice 0%. In this case, Buyer shall contact Krafla Shop.
- Placing an order by the Buyer is not equivalent to concluding the Sale Agreement. Sale agreement is concluded only after verification of order, particularly in respect of availability of Items and correctness of fulfilling the order form. Order forms fulfilled incorrectly will not be realize. In case of inaccessibility part or all of ordered Items, Krafla Shop will contact with Buyer (by e-mail or by phone) and will inform about availability other ordered Items. Buyer will be asked to make a decision about further realisation of order.
- After concluding Sale Agreement, at the latest at the moment of delivery Items, Krafla Shop is obliged to provide the Buyer, on durable medium, the confirmation of concluding the distance agreement, including information referred to article 12 provision 1 Polish Consumer Rights Act.
- The sale agreement concluded between Krafla Shop and the Buyer is consider to be concluded after receiving by the Buyer an e-mail confirmation.
- If, within 3 working days from the date of placing the order, the Buyer does not receive an email confirming the order, the contract is considered not to be concluded.
III. PAYMENT/ SHIPMENT OF ITEMS
- Ordered Items are shipped by Krafla Shop within 7 work days from the date of posting on Krafla Shop’s account the payment with the condition that in case of delivery Items to the Consumer, providing Items shall take place not later than 30 days from the date of conclusion the agreement.
- For ordered Item, the Buyer shall pay to Krafla Shop in one of the following ways:
- a) by bank wire,
- b) by credit or debit card – Visa, Mastercard, Maestro
- c) by PayPal.
- The Buyer will define the way of payment and currency during placing order. In case of prepay, Items will be shipped after posting the payment on account. The maximum waiting time for payment or confirmation is 7 days. After that date, the order will be cancelled and Krafla Shop is not obliged to execute it.
- Items ordered with conformation of sale agreement conclusion (VAT invoice/ confirmation of payment) will be deliver to Buyer in the way indicated when placing the order, to the address given by Buyer as „Data of shipment”.
- Krafla offers the following ways of delivery Items:
- through a courier company,
- via Polish Post Office,
- via PostNL.
- Cost of delivery depends of place of delivery, way of delivery and the weight of shipment and will be given during the order submission process.
- In case when the Buyer chose the delivery by courier company, has right to check the content of shipment immediately after receiving. In case of any defects or damage to Items resulting from the delivery and transport, the damage protocol shall be written. Both the Buyer and the courier should sign the protocol.
- Failure in receiving the shipment from courier and return Items to Krafla Shop results in:
- a) charged the Buyer with costs of returning Items to Krafla Shop and repeat shipment – if the Buyer will asked for repeat shipment.
- b) charged the Buyer with cost of returning Items to Krafla Shop – if the Buyer will resign from the order and will not give permission to repeat shipment.
- About shipment of Items, the Buyer will be informed by e-mail.
IV. RETURNS POLICY
- The Buyer who is the Consumer, making the purchase at a distance, according to Polish Consumer Rights Act, may within 14 days from the date of taking over the ordered Items, withdraw from the contract without giving a reason. For this purpose, a written withdrawal notice must be sent to: Krafla, ul. Dobrego Pasterza 29/18, 31-416 Kraków or e-mail: email@example.com. By withdrawing the contract, the Buyer may use the model form of Appendix 2 to the Polish Consumer Rights Act or the form attached to the following link:
- The Buyer is obliged to return Items to Krafla Shop not later that within 14 days from the date of withdrawal of agreement. The returned Items shall remain unchanged unless the change was necessary within the limits of the ordinary management. Direct return costs, including return costs, are borne by the Customer.
- Krafla Shop immediately, but not later then within 14 days from the date of receiving the withdrawal notice, returns to the Buyer the price of the Items together with the costs of delivery to the Buyer, provided that the Krafla Shop returns only the cost of the cheapest ordinary way of delivery available in its offer. Reimbursement is made using the same method of payment as used by the Buyer or in another form accepted by the Buyer, which does not involve him any costs. Krafla Shop may withhold the refund of the amount received by the Buyer until receipt of the goods or confirmation of its shipment.
- The right to withdraw from the contract referred to in this chapter shall not be granted in the situations specified in Article 38 of the Polish Consumer Rights Act, in particular when:
(a) the subject-matter of the supply is an unstructured item, manufactured according to the Consumer’s specifications or catered to its individual needs;
(b) the subject-matter of the supply is that which, when delivered, by its nature, is inseparably linked to other things.
- Krafla Shop is committed to delivering Items without defects. The Consumer’s rights regarding the defect or non-conformity of the Items sold with the contract are governed by the Civil Code. These Regulations do not in any way abrogate its provisions.
- Complaints may be submitted to the following address: “Krafla” Paulina Pajak ul. Dobrego Pasterza 29/18, 31-416 Krakow or e-mail: firstname.lastname@example.org
- Defective Itmes should be properly packed together with any additional items that the Buyer received on delivery.
- In the case of filing a complaint, we recommend that you print and fill in the complaint form. The Items, form and document confirming the purchase should be sent to the address given in section 1.
- Complaints from the seller’s liability for non-compliance of the goods purchased by the Consumer are dealt with within 14 days. In the event of a refusal to recognize a complaint, the Buyer will be informed of this letter or e-mail.
VI. VEXTRAJUDICIAL INCIDENTAL SETTLEMENT OF CONSUMER DISPUTES
- At the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL the online dispute resolution system between consumers and entrepreneurs at EU level (ODR Platform) is available The ODR platform is an interactive, multi-lingual website with a comprehensive service for consumers and businesses seeking out-of-court settlement of contractual disputes arising from an online sales contract or service contract.
- Detailed information about the possibility of using the Consumer by way of extrajudicial means of dealing with claims and the access to these procedures are available at the premises and on the websites of county (municipal) consumer ombudsmen, social organizations, whose statutory tasks include protection of consumers, Voivodship Inspectors of the Trade Inspection and at the Internet address of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
VII. PROCESSING AND PROTECTION OF PERSONAL DATA
- Krafla Shop process information concerning the Buyer, including personal data. Processing is carried out in accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2014, item 1182) and, to the extent it applies, in accordance with the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013, item 1422) .
- Buyer’s Personal Data is used only through the Krafla Store, to execute orders, record sales and contact the Buyer to confirm the order. Subject to the consent of the Buyer, his personal data is also used to inform about the promotions and news offered by Krafla Shop.
- The Buyer has the right to inspect their personal data, change or request removal from the Krafla Store database.
VIII. FINAL PROVISIONS
- Settlement of possible disputes arising between the Krafla Shop and the Buyer who is the Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Polish Code of Civil Conduct.
- Settlement of possible disputes arising between the Krafla Shop and the non-Consumer Buyer shall be submitted to the court having jurisdiction over the seat of the Krafla Shop.
- These Terms and Conditions come into force on 20 October 2017r. and deals with contracts concluded from that date.