Store regulations

Terms and Conditions of the KBH Akord Online Store

Art. 1 DEFINITIONS

Store – an online store available at sklep.kbhakord.pl, including all subpages, where creative works available in the current store offer can be purchased.
User – a natural person with full legal capacity, an organizational unit without legal personality granted legal capacity by special regulations, or a legal person who places or intends to place an order or uses other services of the Online Store (including a Consumer) and has registered in the Store.
Regulations – these regulations. In terms of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
Transaction Subject – Goods listed and described on the Online Store’s website. The Seller makes every effort to ensure that the sales advertisements for the Goods presented on the website are up-to-date. However, if some of the ordered Goods are unavailable, the Seller undertakes to immediately inform the Buyer of the situation by phone or email. At the same time, an advertisement with an image displayed on the Store’s website does not constitute an offer within the meaning of the Civil Code.
Sales Agreement – a sales contract for Products within the meaning of the Civil Code, concluded between the Store Owner and the User, using remote communication means.
Order – a declaration of intent by the User, clearly specifying the type and quantity of Goods, directly aimed at concluding a remote Sales Agreement via the Online Store.

Art. 2 STORE

The Store is owned by KBH AKORD Sp. z o.o., located at Sikorki 21, 31-589 Kraków, NIP: 6760012851, KRS: 0000938652, with a share capital of PLN 5,000,000.00, registered in the National Court Register by the District Court for Kraków-Śródmieście, XI Commercial Division of the National Court Register.
Contact with the Store is possible via email: pv@kbhakord.pl or phone: +48 32 220 91 51 (available from 9:00 AM to 3:00 PM).
The Store’s name and content are legally protected.
Registration in the Store is free of charge.
These Regulations define the general principles forming the legal basis for using the Store. Each User is required to comply with these Regulations upon taking actions aimed at using the Store. Before using the Store, the User must familiarize themselves with these Regulations.
The Agreement for the provision of electronic services between the User and the Store Owner is concluded upon the User’s registration in the Store. Termination of the agreement occurs upon the User’s request to delete their account or by the Store Owner’s decision.
The User agrees to use the Store in accordance with applicable laws, social norms, customary rules, these Regulations, and online etiquette. Additionally, the User agrees not to provide unlawful content.
Violation of clause 6 may result in the deletion of the User’s account by the Store Owner.
All products offered in the Store are new, originally packaged, free from physical and legal defects, legally introduced to the Polish market, and do not infringe any copyright laws.

Art. 3 CONDITIONS FOR MAKING PURCHASES

All prices listed on the Store’s website are gross prices in Polish zloty (PLN) and include VAT. The prices do not include shipping costs.
Orders are accepted via the website after prior User registration.
Orders can be placed through the website 24 hours a day, 7 days a week, throughout the year.
An Order is considered valid if the User correctly completes the order form and provides accurate contact details, including the exact address for delivery, phone number, and email address. The User must also receive an electronic confirmation of the agreement.
If the provided data is incomplete, the Seller has the right to cancel the Order.
The Buyer agrees to receive electronic invoices and related documents via the email address they provided. This consent also authorizes the Seller to issue and send electronic VAT invoices in accordance with applicable regulations.
During the ordering process, the Buyer may consent to the storage of their personal data in the Seller’s Online Store database for processing related to the execution of the Order. If consent is given, the Buyer has the right to access, modify, or request the deletion of their data.
The Buyer can choose to save their details in the system to facilitate the order process for future purchases. To do this, the Buyer must provide a login and password necessary to access their account. The Client’s login is their email address, while the password is set by the Client. The password remains confidential and must not be shared with third parties.
The processing of an Order begins once the payment is credited to the Store Owner’s bank account.
The place of contract execution is the Store Owner’s registered office.

Art. 4 SHIPPING COSTS AND DELIVERY TIME

The goods are shipped to the address provided in the order form or via email. The Store will immediately inform the Client about any incorrectly completed order forms that prevent or delay shipping.
Goods may be delivered via specialized courier companies: DPD, DHL, FedEx, Pocztax, UPS, InPost, Geodis, PSD, Hellman. In some cases, in-person pickup at the seller’s headquarters is possible.
The shipment will be delivered within no more than 14 working days from the date of payment receipt.
The Buyer bears the shipping costs according to the transport price list, which depends on the delivery method and payment method. The Buyer can check the price list anytime by clicking the link: https://sklep.kbhakord.pl/en/content/1-delivery-price-list.

Art. 5 PAYMENT

A receipt or an invoice is issued for each sold product.
Payment for the ordered goods can be made via traditional bank transfer or through the imoje payment gateway.
The User should complete the payment within: a) 3 business days for traditional bank transfers; b) 1 business day for payments via the imoje payment gateway.
If payment is not received within the specified time, the Seller has the right to cancel the order and withdraw from the sales agreement.

Art. 6 RECEIPT OF GOODS

Deliveries are made within the territory of the Republic of Poland.
Before accepting a package from the post office or courier, the recipient must check whether the packaging has been damaged during transit. In particular, attention should be paid to the condition of any tapes or seals affixed to the package. If the package shows signs of damage or if the seals (tapes) are broken, the recipient should refuse to accept the package and, in the presence of the courier, document the damage by drafting a report, and contact the seller as soon as possible to resolve the issue. Failure to note any discrepancies in the quantity or quality of the package upon receipt may adversely affect the outcome of any claim by the Client regarding damage or theft of the shipment during transit.

Art. 7 RIGHT TO WITHDRAW FROM THE CONTRACT

Pursuant to Article 27 of the Act of May 30, 2014, on Consumer Rights (consolidated text: Journal of Laws 2020, item 287; hereinafter referred to as the “Act”), a consumer, subject to the condition specified in point 2, has the right to withdraw from a contract concluded outside the business premises or at a distance, without providing any reason and without incurring any costs, except for those specified in Articles 33 and 34 of the Act. In the event of withdrawal from the contract, the consumer bears the direct cost of returning the goods, unless the entrepreneur has agreed to cover these costs or has not informed the consumer of the requirement to bear them. The entrepreneur will refund the consumer the delivery costs, but only up to the cost of the cheapest delivery method offered by them. If the consumer chooses a more expensive method of delivery, the additional costs will not be refunded. The right of withdrawal from a contract concluded outside the business premises or at a distance also applies to natural persons entering into a contract that is not of a professional nature, even if the contract is directly related to their business activity, provided that the contract clearly 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 contract.
The right of withdrawal from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts for:

the provision of services for which the consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the consumer’s explicit and prior consent, after informing the consumer before the commencement of the service that once the service is performed the right to withdraw from the contract will be lost, and the consumer acknowledged this;
contracts in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the expiry of the withdrawal period;
contracts in which the subject matter is a non-standardized good, manufactured according to the consumer’s specifications or intended to meet the consumer’s individualized needs;
contracts in which the subject matter is a good liable to rapid deterioration or with a short shelf life;
contracts in which the subject matter is a good delivered in sealed packaging, which cannot be returned once unsealed for health protection or hygiene reasons, provided the packaging was unsealed after delivery;
contracts in which the subject matter consists of goods which, due to their nature, become inseparably mixed with other goods after delivery;
contracts in which the subject matter consists of alcoholic beverages, the price of which was agreed upon at the time of the sales contract, and whose delivery may occur only after 30 days and whose value depends on market fluctuations beyond the entrepreneur’s control;
contracts in which the consumer explicitly requested the entrepreneur to visit for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the consumer or supplies goods other than the spare parts necessary for the repair or maintenance, the right of withdrawal applies only to the additional services or goods;
contracts in which the subject matter consists of audio or visual recordings or computer programs supplied in sealed packaging, if the packaging was unsealed after delivery;
contracts for the supply of newspapers, periodicals, or magazines, except in the case of a subscription contract;
contracts concluded through public auction;
contracts for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, or services related to leisure, entertainment, sports, or culture, if the contract specifies the day or period of service provision;
contracts for the supply of digital content not provided on a tangible medium, for which the consumer is obliged to pay a price, if the entrepreneur has commenced performance with the consumer’s explicit and prior consent, after informing the consumer before the commencement of performance that once the performance is completed the right to withdraw from the contract will be lost, and the consumer acknowledged this, and the entrepreneur provided the consumer with a confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act;
contracts for the provision of services for which the consumer is obliged to pay a price, in cases where the consumer explicitly requested the entrepreneur to visit for repair, and the service has been fully performed with the consumer’s explicit and prior consent.

The withdrawal period for a contract concluded outside the business premises or at a distance is 14 days from the moment the consumer, or a third party designated by the consumer, takes possession of the product, and in the case of a contract that: a) involves multiple goods delivered separately, in batches, or in parts – from the moment of possession of the last good, batch, or part, b) involves the regular delivery of goods for a specified period – from the moment of possession of the first good; For all other contracts – from the day of conclusion of the contract.
To exercise the right of withdrawal, you must inform the Seller, i.e., KBH Akord Sp. z o.o., Sikorki 21, 31-589 Kraków, NIP: 6760012851, phone: +48 32 220 91 51, email: pv@kbhakord.pl, of your decision to withdraw from the contract by means of a clear statement (for example, a letter sent by post or by email). You may use the sample withdrawal form available on the website: LINK, though it is not mandatory. Alternatively, you may fill out and send the withdrawal form or any other clear statement electronically. If you choose this option, we will promptly send you a confirmation of receipt of the withdrawal on a durable medium (for example, by email).
It is sufficient to send the withdrawal statement before the withdrawal period expires.
The consumer is obliged to return the goods to the Seller or hand them over to a person authorized by the Seller for collection immediately, but no later than 14 days from the day on which the consumer exercised the right of withdrawal, unless the Seller proposes to collect the goods themselves. In order to meet the deadline, it is sufficient to send the goods back before the withdrawal period expires.
The Seller shall, without undue delay and no later than 14 days from the day of receiving the consumer's withdrawal statement, refund all payments made by the consumer, including any delivery costs, provided that the Seller is only obliged to refund the costs of the cheapest available delivery option.
The Seller will refund the payment using the same method as that used by the consumer for the initial payment, unless the consumer has expressly agreed to a different method that does not incur any costs for the consumer.
If the contract was concluded outside the Seller's business premises and the product was delivered to the consumer's residence at the time of contract conclusion, the Seller is obliged to collect the product at its own expense if, due to the nature of the product, it cannot be returned by ordinary mail.
The consumer is responsible for any diminution in the product's value resulting from handling beyond what is necessary to ascertain the product's characteristics, features, and functioning.
The Seller may cancel the order placed by a User who is not a Consumer (i.e., may withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) from the moment of conclusion of the Sales Agreement until 14 days from the day of product delivery. Withdrawal from the Sales Agreement in this case may occur without providing any reason.

Art. 8 COMPLAINT PROCEDURE

The provisions in this article concerning the Consumer apply to a natural person entering into a contract not directly related to their business activity when it is clear from the contract that it does not have a professional character for that person, particularly with respect to the subject of the business activity disclosed under the regulations on the Central Register and Information on Economic Activity.
In the event that the goods do not conform to the contract, the consumer is entitled to the rights specified in this article. For contracts involving the transfer of ownership of goods to the consumer – including, in particular, sales contracts, supply contracts, and contracts for work that are considered goods – the provisions of Book III, Title XI, Section II of the Act of April 23, 1964 (the Civil Code) (Journal of Laws 2022, items 1360 and 2337) shall not apply.
Goods are deemed to conform to the contract if, in particular, they meet the following criteria:

their description, type, quantity, quality, completeness, and functionality;
their suitability for the particular purpose for which the consumer requires them, as communicated to the entrepreneur no later than at the time of contract conclusion and accepted by the entrepreneur.

Furthermore, for goods to be considered in conformity with the contract, they must:

be suitable for the purposes for which goods of that kind are generally used, taking into account applicable legal regulations, technical standards, or good practices;
be available in such quantity and possess such features—including durability and safety—that are typical for goods of that kind and that the consumer can reasonably expect, given the nature of the goods and the public assurance provided by the entrepreneur, their legal predecessors, or persons acting on their behalf (in particular, in advertising or on the label), unless the entrepreneur proves that:

a) they were unaware of the public assurance and, upon reasonable assessment, could not have known about it;
b) prior to the contract conclusion the public assurance was corrected under the same conditions and in the same form as originally provided, or in a comparable manner;
c) the public assurance did not influence the consumer's decision to conclude the contract;

be delivered with packaging, accessories, and instructions that the consumer can reasonably expect;
be of the same quality as a sample or model that the Seller provided to the consumer prior to contract conclusion, and correspond to the description of such sample or model.

The Seller shall not be held liable for a lack of conformity in the aspects mentioned in points 3 or 4 if the consumer was clearly informed—no later than at the time of contract conclusion—that a specific feature of the goods deviated from the conformity requirements specified in points 3 or 4, and expressly and separately accepted the absence of that particular feature.
The Seller is liable for any non-conformity of the goods that exists at the time of delivery and is discovered within two years from that time, unless the expiration date for the use of the goods, as determined by the Seller, their legal predecessors, or persons acting on their behalf, is longer.
If the goods are non-conforming, the consumer may request their repair or replacement.
The Seller may replace the goods when the consumer requests a repair, or repair the goods when the consumer requests a replacement, if bringing the goods into conformity in the manner chosen by the consumer is impossible or would incur excessive costs for the entrepreneur. If both repair and replacement are impossible or would incur excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract.
The Seller shall perform the repair or replacement within a reasonable time from the moment the consumer notifies the Seller of the non-conformity, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which they were purchased. The costs of repair or replacement, including without limitation postal charges, transportation, labor, and materials, shall be borne by the Seller.
The consumer shall provide the goods subject to repair or replacement to the Seller, who will collect the goods from the consumer at its own expense.
The consumer is not obliged to pay for the normal use of goods that have subsequently been replaced.
If the goods are non-conforming, the consumer may submit a statement for a price reduction or withdrawal from the contract if:

a) the Seller refused to bring the goods into conformity in accordance with point 8;
b) the Seller did not bring the goods into conformity in accordance with points 9 and 10;
c) the non-conformity persists despite the Seller's attempts to remedy it;
d) the non-conformity is so significant that it justifies a price reduction or withdrawal from the contract without first resorting to the remedies specified in points 7–10 of these Regulations;
e) it is evident from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity within a reasonable time or without undue inconvenience to the consumer.

The reduced price must be proportional to the original contract price in the same ratio as the value of the non-conforming goods to the value of the conforming goods.
The Seller shall refund to the consumer the amounts due as a result of the price reduction without undue delay and no later than 14 days from the day of receiving the consumer's statement regarding the price reduction.
The consumer cannot withdraw from the contract if the non-conformity of the goods is minor. It is presumed that the non-conformity is significant.
If the non-conformity pertains only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as in relation to other goods purchased together with the non-conforming goods, if it is not reasonable to expect that the consumer agrees to keep only the conforming goods.
In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at the entrepreneur’s expense. The Seller shall refund the consumer the price without undue delay and no later than 14 days from the day of receiving the goods or proof of their return.
The Seller shall refund the price using the same method of payment as that used by the consumer for the initial payment, unless the consumer has expressly agreed to a different method that does not incur any costs for the consumer.
To exercise the right to complain, the User must return the complained-of goods together with a letter specifying the type of non-conformity at the Seller’s expense to the address: KBH Akord Sp. z o.o., Sikorki 21, 31-589 Kraków, and send a statement via email to pv@kbhakord.pl.
In the case of sales to entrepreneurs who are not consumers, the possibility of making a warranty claim for defects in the sold goods is excluded based on the provisions of the Act of April 23, 1964 (Civil Code).

Art. 9 LIABILITY

The Store shall not be liable, particularly in criminal, civil, or administrative matters, for the use by the User of the Store in a manner contrary to the provisions of these Regulations or applicable law.
The Store shall not be liable for any damages incurred by the User or Partner caused by threats present on the Internet, in particular due to system intrusions, password theft by third parties, or the infection of the User’s or Partner’s system by viruses.

Art. 10 DATA PROTECTION

The Store fully respects the right to privacy and the protection of personal data of the Users and hereby declares that it provides personal information about the Users to third parties solely to the extent necessary for the proper performance of the services provided by the Store.
Detailed principles and information regarding the processing of personal data are contained in the Privacy and Cookies Policy available on the website: https://sklep.kbhakord.pl/en/content/2-privacy-policy.

Art. 11 FINAL PROVISIONS

The Store Owner reserves the right to unilaterally change these Regulations and the content of the Store at any time, provided that for contracts concluded before the change, the Regulations in effect at the time of contract conclusion shall apply.
These Regulations enter into force upon their publication in the Store.
In the event of any dispute arising from the implementation of these Regulations or the services provided via the Store, the court competent to resolve the dispute shall be the one determined in accordance with the general legal provisions.
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the ODR Regulation), a hyperlink to the ODR platform is provided here: http://ec.europa.eu/odr/.\n\nThe ODR platform is intended to facilitate the independent, impartial, transparent, effective, prompt, and fair out-of-court resolution via the Internet of disputes between consumers and entrepreneurs, and it applies to the out-of-court resolution of contractual disputes arising from online sales contracts or service contracts, as defined in the aforementioned Regulation, concluded between consumers residing in the Union and entrepreneurs established in the Union.