Rules and regulations of an Online Store 2Kperformance
- An online store 2Kperformance, available at the internet address www.2Kperformance.pl, is conducted by Krzysztof Kruk, who runs an economic activity in the form of 2Kperformance. The firm is on the list of Central Register and Information of Economic Activity in Poland conducted by the Minister of Economy ( firm’s NIP 947-188-35-64 and REGON 100852527).
- These regulations appeal both to customers and enterprises collaborating with 2Kperformance and determine the rules of making sales agreement via Internet through the agency of 2Kperformance.
- 1. Customer – a natural person who can purchase in the shop.
Seller – a natural person running an economic activity in the form of 2Kperformance Krzysztof Kruk. The activity is on the list of Central Register and Information of Economic Activity in Poland conducted by the Minister of Economy (firm’s NIP 947-188-35-64 and REGON 100852527).
3. Client – any person natural or legal who is purchasing goods via the Shop 2Kperformance.
4. Entrepreneur – a natural person, a legal person and a person who isn’t legal but has the legal capacity to conduct the economic activity.
5. Shop – an online store conducted by the seller at the address www.2Kperformance.pl
6. Contract via Internet – the contract between the Client and the Shop signed within the detailed system of signing contracts via Internet, without the presence of the client. Both sides use only means of communication via Internet till the moment of signing the contract.
7. Regulations – these regulations of the online store 2Kperformance.
8. Order – statement of customer’s will on the Form of Order and aiming directly at the Sales agreement between the Customer and the Seller.
9. Account – client’s account in the Shop, where there are details conveyed by the client and information about his orders
10. Form of registration – form available at the Shop (enabling creating the client’s account).
- Form of Order – interactive form available at the Shop – enabling placing the Order, namely by adding Items to the Basket and by stating the terms of Sales agreement, including the way of delivery and terms of payment
12. Basket- it is the part of the shop’s software where you can see the Client’s Products chosen for purchasing and where also exists the possibility of determining and modifying the details of Order, especially the quantity of products
13. Product – movable item or a service available at the Shop being the subject of the sales agreement.
14. Sales agreement – Sales agreement of the Product being signed or already signed between the Client and the Seller by the agency of the Online store. The Sales agreement can be also understood as the contract on services and the contract to perform the specific task.
Contact with the Shop
- Seller’s address: 90-741 Łódź, al. 1go Maja 30
2. Seller’s e-mail address: email@example.com
3. Seller’s phone number: 795-077-376
4. A Client can contact the Seller using addresses and phone number given at this paragraph.
5. A Client can contact the Seller by the phone from 9 a.m. till 6 p.m.
Cooperation with the Shop, browsing its assortment, and placing the order demands:
a. terminals with the access to the Internet and with the web browser
b. active account of an e-mail
c. activated cookies files
d. FlashPlayer programme installed
- The Seller responsible for any disturbances and interruptions in the Shop’s functioning caused by the force majeure clause, illegal practices of third parties or by the incompatibility of the Online store 2Kperformance with the technical structure of the Client.
- Browsing the assortment of the Shop doesn’t require setting the Client’s account. Placing an order for Products being in the Shop’s store is possible either after setting the Client’s account according to @6 of these Rules and Regulations or after sending personal details enabling the Order’s realization without the Client’s account.
- Prices for products are brutto prices in Euro currency EUR ( they contain the VAT tax).
- Final sum to pay consists of the Product’s price and costs of delivery ( transport, handover and post service). The Client is being informed about it during the placing the Order and also in the moment of expressing his will to enter into the Sale Contract.
- As to Contract for subscription or for supply of services in the indefinite period of time – the final price includes all prices for the settling period (clearing period).
Rules for placing the Order
To place an Order you have to:
1. Choose the Product and click the key “To the Basket” ( or equivalent);
2. Fill in the order form with customer’s details and the address to which the delivery should take place, select the type of delivery (delivery method), enter billing information, if different than delivery’s details.
3. Click “Proceed to checkout”
4. Choose one of the available methods of payment and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.
Offered delivery methods and payments1. The Customer may use the following methods of delivery.
a. Courier parcel
b. Personal pickup available at: 90-741 Łódź, al. 1go Maja 30
2. The customer can use the following payment methods:
a. Payment during the pickup
b. Electronic payments3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
Execution of a sales agreement1. Conclusion of a 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 § 7 of the Regulations.
2. After receiving the Order, the Seller immediately confirms it and at the same time accepts the Order for execution. Confirmation of receipt of the Order shall take place by sending by an e-mail, which contains at least the Seller’s confirmation of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the customer chooses:
a. payment by bank transfer, electronic payment or credit card payment, the Customer is obliged to make payment within 14 calendar days from the date of the Sales Agreement – otherwise the order will be canceled.
b. cash payment upon personal pickup, the Customer is obliged to make the payment upon pickup.
4. If the Customer has chosen a delivery method other than a personal pickup, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph) in the manner chosen by the Customer when placing the Order.
5. If you order Products with different delivery times, the delivery date is the longest given time.
6. The beginning of the delivery of the Product to the Customer counts as follows:
a. If the Customer chooses 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 selects a personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed about the readiness of the Product by the Seller by sending an appropriate e-mail to the Customer’s e-mail address provided during the Ordering.
7. In the case of orders of Products with different dates of readiness for collection, the date of readiness for receipt is the longest given date.8. Product delivery takes place within the European Union.
9. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store pages while placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
10. The Customer’s personal collection of the Product is free.
The right to withdraw from the sales agreement1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The deadline specified in paragraph 1 counts from the delivery of the Product to the Consumer or a person other than the carrier designated by him.
3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
4. In the case of the Agreement, which consists in regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.6. The declaration may be sent by traditional mail or e-mail by sending a statement to the Seller. Contact details of the Seller are specified in § 3.
7. In case of sending a statement by the Consumer electronically, the Seller shall immediately send the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.
8. Effects of withdrawing from the Agreement:
a. In case of withdrawal from the Contract concluded remotely, the Agreement shall be deemed void.
b. In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, make all payments made by him, including the cost of delivering the item, with the exception of additional costs resulting from the Consumer’s choice the method of delivery other than the cheapest usual delivery method offered by the Seller.
c. The reimbursement shall be made by the Seller using the same payment methods as were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution which will not entail any costs for him.
d. The Seller may withhold the reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
e. The Consumer should return the Product to the address of the Seller specified in these Regulations immediately, not later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be respected if the Consumer returns the Product before the expiry of the 14-day period.
f. The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
- The consumer is liable only for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, can not be sent in regular mode by post, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
- The right to withdraw from the agreement concluded remotely is not entitled to the Consumer in relation to the Agreement:
- 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,
- in which the object of the service is an item delivered in a sealed package, which after opening the packaging, can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,
- for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the service by the Seller, he will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
- in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things,
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery,
- for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement,
- for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the Agreement,
Complaint and warranty
- The new Products are covered by the Sale Agreement.
- In the event of a defect, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
- Complaints should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
- The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
- Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
- If a guarantee has been granted for the Product, information about it as well as its content will be included in the description of the Product in the Store.
Out-of-court ways to handle complaints and redress
- Detailed information on the Consumer’s option of out-of-court settlement of complaints and rules of access to these procedures is available at Office of Competition and Consumer Protection (in Polish): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to request a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle the dispute arising from the Contract concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers).§ 13
Personal data in the Online Store
- The Seller of the personal data of Customers collected via the Online Store is the Seller.
- Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- The recipients of personal data of the Online Store’s Customers may be:
- 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 personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
- 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.
- The customer has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
- Contracts concluded via the Online Store are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
- The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.
- These Rules and regulations are only translation from Polish to English. Original file is available at https://2kperformance.pl/regulamin/ (in Polish)