Store regulations

Art. 1 DEFINITIONS

  1. Store – the online store located at sklep.kbhakord.pl along with all subpages, where it is possible to purchase creative works available in the current store offer.

  2. User – a natural person with full legal capacity, an organizational unit without legal personality that has legal capacity according to specific regulations, or a legal entity that makes or intends to make an Order or uses other services of the Online Store (including the Consumer), who has registered in the Store.

  3. Terms and Conditions – these terms and conditions. For the services provided electronically, these Terms and Conditions constitute the terms referred to in Article 8 of the Act of July 18, 2002, on Providing Services by Electronic Means (Journal of Laws of 2002 No. 144, item 1204, as amended).

  4. Subject of the Transaction – Goods listed and described on the Online Store's website. The Seller makes every effort to ensure that the advertisement for the sale of Goods on the website is current. However, if any of the ordered Goods are unavailable, the Seller commits to promptly inform the Buyer of the situation via phone or email. Simultaneously, the listing with a photo on the Store's page does not constitute an offer within the meaning of the Civil Code.

  5. Sales Agreement – a sales agreement of Products within the meaning of the Civil Code, concluded between the Store Owner and the User using remote communication means.

  6. Order – a declaration of intent by the User, explicitly specifying the type and quantity of Goods, aiming directly at concluding a remote Sales Agreement via the Online Store.

Art. 2 STORE

  1. The owner of the Store is Kbh Akord spółka z o.o., located at ul. Sikorki 21, 31-589 Kraków, VAT No.: 6760012851.

  2. Contact with the Store is possible via email: pv@kbhakord.pl or by phone at 32 220 91 51 (available from 9:00 a.m. to 3:00 p.m.).

  3. The name and content of the Store are legally protected.

  4. Registration in the Store is free of charge.

  5. The Terms and Conditions define the general principles constituting the legal basis for using the Store. Every User is obliged, upon initiating any actions aimed at using the Store, to comply with the provisions of these Terms and Conditions. Before using the Store, the User is required to read the Terms and Conditions.

  6. The Contract for electronic services between the User and the Store Owner is concluded at the moment of the User's registration in the Store. The contract is terminated when the User’s account is deleted at their request or by the Store Owner.

  7. The User agrees to use the Store in accordance with applicable law, social norms, the provisions of these Terms and Conditions, and the principles of Internet etiquette. Additionally, the User agrees not to provide illegal content.

  8. Violation of paragraph 6 may result in the deletion of the User’s account by the Store Owner.

  9. All products offered in the Store are new, originally packaged, free of physical and legal defects, legally introduced to the Polish market, and do not infringe upon any intellectual property rights.

Art. 3 Terms of Purchase

  1. All prices displayed on the Store's website are gross prices in Polish zloty (PLN) and include VAT. Shipping costs are not included in the displayed prices.

  2. Orders are accepted through the website after prior User registration.

  3. Orders placed through the website can be made 24 hours a day, 7 days a week, all year round.

  4. An order is valid if the User correctly completes the order form, providing accurate contact information including a precise shipping address, phone number, and email address, and also receives confirmation of the contract via email.

  5. If the provided data is incomplete, the Seller reserves the right to cancel the order.

  6. The Buyer agrees to the electronic issuance and delivery of accounting documents, including VAT invoices with attachments, corrective VAT invoices with attachments, and forms, to the email address provided. This consent also authorizes the Seller to issue and send VAT invoices electronically in accordance with applicable regulations.

  7. When placing an order, the Buyer may consent to the storage of their personal data in the Seller's online Store database for processing purposes related to the order. If consent is given, the Buyer has the right to access, correct, and request the deletion of their data.

  8. The Buyer may use the option of saving their data in the system to simplify the process of placing future orders. For this purpose, the Buyer should provide a login and password necessary to access their account. The Buyer’s login is their email address, and the password is a string of characters set by the Buyer. The Seller does not have access to the Buyer’s password, which the Buyer is obliged to keep confidential and protect from unauthorized access by third parties.

  9. The order fulfillment process begins when payment is made to the Store Owner's bank account.

  10. The place of contract execution is the Store Owner's registered office.

Article 4: SHIPPING COSTS AND TERMS

  1. The goods are shipped to the address provided in the order form or given by phone or email. The store will promptly inform the Customer about any incorrectly filled out order form that prevents shipping or may cause delays.

  2. Delivery of the Goods is possible: a) through specialized courier companies: DPD, with the possibility of personal collection of goods at the seller's premises in some cases.

  3. The shipment is delivered within a maximum of 14 working days from the date of receipt of payment for the price along with the shipping costs in the Shop Owner's bank account.

  4. The Buyer is charged with the delivery (shipping) costs specified in the transport price list. The amount of fees depends on the type of transport and payment method. The Buyer can familiarize themselves with the price list at any time by clicking the “transport price list” link.

Article 5: PAYMENT

  1. A receipt or a named proof of purchase (invoice) is issued for each sold item.

  2. Payment for the ordered Goods can be made via traditional bank transfer to the Store's bank account or through the payment operator Przelewy24.

  3. The User should make the payment for the order in the amount resulting from the Sales Agreement within: a) 3 working days if they chose the payment method of a traditional bank transfer; b) 1 working day if they chose the payment method through the payment operator Przelewy24.

  4. In the event of the Customer failing to make the payment within the deadline referred to in point 3 of section 5 of the Terms and Conditions, the Seller has the right to withdraw from the Sales Agreement. After the deadline for making the payment has passed without success, the Seller will send the Customer a statement of withdrawal from the agreement on a durable medium based on Article 492 of the Civil Code.

Article 6: COLLECTION OF GOODS

  1. Deliveries are made within the territory of the Republic of Poland.

  2. Before collecting the shipment from the post office or courier, it is necessary to check whether the packaging has been damaged during transport. In particular, attention should be paid to the condition of the tapes or seals affixed to the shipment. If the packaging shows signs of damage or if the seals (tapes) are broken, the shipment should not be accepted, and a damage report should be drawn up in the presence of the courier. Additionally, the seller should be contacted as soon as possible to clarify the matter. Failing to identify any discrepancies in the quantity or quality of the shipment upon receipt may negatively affect the outcome of the Customer’s claims regarding damage or theft of the shipment during transport.

Article 7: WITHDRAWAL FROM THE AGREEMENT

1.       Based on Article 27 of the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2020, item 287; hereinafter referred to as the "Act"), the consumer has the right to withdraw from the agreement concluded outside the business premises or concluded at a distance, without providing a reason and without incurring costs, except for the costs specified in Articles 33 and 34 of the Act. The aforementioned right to withdraw from the agreement concluded outside the business premises or concluded at a distance also applies to individuals entering into an agreement directly related to their business activities, provided that the content of this agreement indicates that it does not have a professional character within the meaning of Article 556 (4) of the Civil Code. Other entrepreneurs do not have the right to withdraw from the agreement.

  1. The right to withdraw from an agreement concluded outside the business premises or at a distance does not apply to the consumer in relation to agreements:

-  the provision of services for which the consumer is obliged to pay a price if the entrepreneur has fully performed the service with the explicit and prior consent of the consumer, who was informed before the service commenced that upon the performance of the service by the entrepreneur, they would lose the right to withdraw from the agreement, and has acknowledged this;

-  where the price or remuneration depends on fluctuations in the financial market, which are beyond the entrepreneur's control, and which may occur before the withdrawal period expires;

-  where the subject of the service is a non-prefabricated item produced according to the consumer's specifications or serving to meet their individualized needs;

-  where the subject of the service is a good that is perishable or has a short shelf life;

-  where the subject of the service is a product delivered in a sealed package that cannot be returned after opening for health protection or hygiene reasons, provided that the package was opened after delivery;

-  where the subject of the service consists of goods that, due to their nature, are inseparably mixed with other goods after delivery;

- where the subject of the service is alcoholic beverages, the price of which was agreed upon when the sales agreement was concluded, and whose delivery may occur only after 30 days, and whose value depends on fluctuations in the market, which the entrepreneur cannot control;

- where the consumer has explicitly requested that the entrepreneur come to them for urgent repairs or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer, or delivers goods other than spare parts necessary for the performance of the repairs or maintenance, the consumer has the right to withdraw from the agreement concerning the additional services or goods;

- where the subject of the service is audio or video recordings or computer programs delivered in sealed packaging, provided that the packaging was opened after delivery;

- for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;

- concluded by way of public auction;

- for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the agreement specifies the day or period of service provision;

- for the provision of digital content not supplied on a tangible medium, for which the consumer is obliged to pay a price, if the entrepreneur has commenced performance with the explicit and prior consent of the consumer, who was informed before the commencement of performance that upon the completion of the service by the entrepreneur, they would lose the right to withdraw from the agreement, and has acknowledged this, and the entrepreneur has provided the consumer with the confirmation referred to in Articles 15(1) and (2) or 21(1) of the Act of May 30, 2014, on Consumer Rights;

- for the provision of services for which the consumer is obliged to pay a price, in cases where the consumer has explicitly requested the entrepreneur to come to them for repairs, and the service has already been fully performed with the explicit and prior consent of the consumer.

 

3.   The deadline for withdrawing from a distance contract or a contract concluded outside the entrepreneur's premises is 14 days from the moment the consumer or a third party indicated by the consumer takes possession of the product. In the case of a contract that: a) involves multiple goods delivered separately, in batches, or in parts - from the moment of taking possession of the last item, batch, or part; b) concerns the regular delivery of goods for a specified period - from the moment of taking possession of the first item; for other contracts - from the day of concluding the agreement.

4.  To exercise the right to withdraw from the contract, you must inform the Seller, i.e., Kbh Akord spółka z o.o., ul. Sikorki 21, 31-589 Kraków, NIP: 6760012851, tel. no.: 32 220 91 51, email address: pv@kbhakord.pl of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or by email). You may use the template withdrawal form available on the website: LINK, but this is not mandatory. You may also fill out and send a withdrawal form or any other unequivocal statement electronically. If you choose this option, we will promptly send you confirmation of receipt of your withdrawal statement on a durable medium (for example, by email).

5.  To meet the deadline, it is sufficient to send the statement of withdrawal before it expires.

6.  The consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller offers to collect the goods themselves. To meet the deadline, it is sufficient to send the goods back before it expires.

7.  The Seller will promptly, no later than 14 days from the day of receiving the withdrawal statement submitted by the consumer, refund all payments made by the consumer, including any costs of delivering the Product, provided that the Seller is obliged to refund the Buyer the cost of the cheapest delivery method.

8.  The Seller will make the refund using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method that does not incur any costs for them.9.     Jeżeli umowę zawarto poza lokalem przedsiębiorstwa Sprzedawcy, a towar dostarczono konsumentowi do miejsca, w którym zamieszkiwał w chwili zawarcia umowy, Sprzedawca jest zobowiązany do odebrania towaru na swój koszt, gdy ze względu na charakter towaru nie można go odesłać w zwykły sposób pocztą.

  1. The consumer is responsible for the reduction in value of the goods resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods.

  2. The seller may cancel an order placed by a User who is not a Consumer (i.e., withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) from the moment the Sales Agreement is concluded until the expiration of 14 days from the date of delivery of the goods. Withdrawal from the Sales Agreement in this case may occur without stating a reason.

Article 8: COMPLAINT PROCEDURE

  1. The provisions contained in this article concerning the Consumer apply to a natural person entering into a contract directly related to their business activity, provided that the contract does not have a professional character for that person, particularly based on the subject of their business activity, made available under the provisions on the Central Register and Information on Economic Activity.

  2. In the event of non-compliance of the goods with the contract, the consumer is entitled to the rights specified in this article. The provisions of Book Three, Title XI, Chapter II of the Act of April 23, 1964 - Civil Code (Journal of Laws of 2022, items 1360 and 2337) do not apply to contracts obliging to transfer ownership of goods to the consumer, including in particular sales contracts, delivery contracts, and contracts for works that are goods.

  3. The goods are in accordance with the contract if, in particular, their:

1)       description, type, quantity, quality, completeness, and functionality,

2)       suitability for a particular purpose for which the consumer needs it, of which the consumer informed the entrepreneur at the latest at the time of concluding the contract, and which the entrepreneur accepted.

  1. Furthermore, for the goods to be considered compliant with the contract, they must:

1)       be suitable for the purposes for which goods of this kind are usually used, taking into account applicable laws, technical standards, or good practices;

2)       be delivered in such quantity and have such features, including durability and safety, that are typical for goods of this kind and which the consumer can reasonably expect, considering the nature of the goods and any public assurances given by the entrepreneur, their legal predecessors, or persons acting on their behalf, particularly in advertising or on the label, unless the entrepreneur demonstrates that:
a) they were not aware of the public assurance and reasonably could not have known about it,
b) before concluding the contract, the public assurance was rectified in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
c) the public assurance did not influence the consumer's decision to conclude the contract;

3)       be delivered with packaging, accessories, and instructions that the consumer can reasonably expect.

4) be of the same quality as the sample or model provided by the seller to the consumer before the conclusion of the contract and correspond to the description of such a sample or model.

5.  The seller is not liable for the lack of conformity of the goods with the contract in the scope referred to in points 3 or 4 if the consumer was explicitly informed, no later than at the time of the conclusion of the contract, that a specific feature of the goods deviates from the requirements of conformity with the contract specified in points 3 or 4, and explicitly and separately accepted the lack of a specific feature of the goods.

6.   The seller is liable for the lack of conformity of the goods with the contract that exists at the time of delivery and is revealed within two years from that moment, unless the shelf life of the goods for use, specified by the seller, its legal predecessors, or persons acting on their behalf, is longer.

7.   If the goods are not in conformity with the contract, the consumer may demand their repair or replacement.

8.   The seller may proceed with the exchange when the consumer requests a repair, or the seller may carry out the repair when the consumer requests an exchange if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the seller, they may refuse to bring the goods into conformity with the contract.

9.  The seller shall repair or replace the goods within a reasonable time from the moment they are informed by the consumer about the lack of conformity with the contract, and without excessive inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer purchased them. The seller bears the costs of repair or replacement, including in particular the costs of postage, transportation, labor, and materials.

10.  The consumer provides the seller with the goods subject to repair or replacement. The seller collects the goods from the consumer at their own expense.

11.  The consumer is not obliged to pay for normal use of the goods that have subsequently been exchanged.

12.  If the goods are not in conformity with the contract, the consumer may submit a statement to reduce the price or withdraw from the contract when:

a. The seller has refused to bring the goods into conformity with the contract according to point 8;
b. The seller has not brought the goods into conformity with the contract according to points 9 and 10;
c. The lack of conformity of the goods with the contract still exists, despite the seller's attempts to bring the goods into conformity with the contract;
d. The lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the protective measures specified in points 7-10 of these Regulations;
e. From the seller's statement or the circumstances, it is clear that they will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.

  1. The reduced price must be proportional to the price resulting from the contract, in which the value of the non-conforming goods relates to the value of the conforming goods.

  2. The seller shall refund the amounts due to the consumer as a result of exercising the right to reduce the price promptly, no later than 14 days from the date of receiving the consumer's statement regarding the price reduction.

  3. The consumer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.

  4. If the lack of conformity with the contract applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only concerning those goods and also regarding other goods purchased by the consumer along with the non-conforming goods if it cannot reasonably be expected that the consumer agrees to keep only the conforming goods.

  5. In the event of withdrawal from the contract, the consumer promptly returns the goods to the seller at their cost. The seller shall refund the price to the consumer promptly, no later than 14 days from the date of receiving the goods or proof of their return.

  6. The seller shall refund the price using the same method of payment used by the consumer unless the consumer has expressly agreed to another method of refund that does not incur any costs for them.

  7. In order to exercise the right to complain, the user must return the complained goods along with a letter specifying the type of non-conformity at the shop's expense to: Kbh Akord spółka z o.o., ul. Sikorki 21, 31-589 Kraków and send a statement via email to: pv@kbhakord.pl.

  8. In the case of sales to entrepreneurs who are not consumers, the possibility of using the warranty for defects in the sold item is excluded based on the provisions of the Act of April 23, 1964, the Civil Code.

Art. 9 RESPONSIBILITY

  1. The store is not liable, particularly criminally, civilly, or administratively, for the user's use of the store in a manner contrary to the provisions of these regulations or legal regulations.

  2. The store is not liable for damages incurred by the user or partner caused by threats occurring on the Internet, particularly hacking into the user or partner's system, password theft by third parties, or infection of the user or partner's system by viruses.

Art. 10 PERSONAL DATA PROTECTION

  1. The store fully respects the right to privacy and the protection of users' personal data and hereby declares that it provides information about users to third parties only to the extent necessary for the proper performance of the services provided by the store.

  2. Detailed rules and information regarding the processing of personal data are contained in the privacy and cookie policy available on the website: https://sklep.kbhakord.pl/content/2-polityka-prywatnosci.

Art. 11 FINAL PROVISIONS

  1. The owner of the store reserves the right to unilaterally change these regulations and the content of the store at any time, with the provision that the regulations applicable to contracts concluded before the change of regulations are those in force at the time of the conclusion of the contract.

  2. These regulations come into effect upon publication in the store.

  3. In the event of a dispute arising from the implementation of the provisions of these regulations and services provided through the store, the court competent to resolve the dispute is the court competent according to general provisions.

  4. In accordance with Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), we provide the electronic link to the ODR platform below: http://ec.europa.eu/odr/
    The ODR platform is designed to facilitate independent, impartial, transparent, effective, fast, and fair out-of-court resolution of disputes between consumers and entrepreneurs, applying to out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service contracts, as defined in the above-mentioned regulation, concluded between consumers residing in the Union and entrepreneurs based in the Union.