Terms & Conditions
I. GENERAL INFORMATION
A user is a person purchasing a product, i.e. a natural person with full legal capacity, a legal person or an organisational unit without legal personality, hereinafter also referred to as the Customer.
Consumer is a natural person who makes a purchase for purposes which are not directly related to his/her economic/professional activity.
Entrepreneur on the rights of a Consumer – a natural person who enters into an agreement directly related to his/her business activity, when the content of this agreement shows that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
Rules and Regulations – these Sales Regulations,
Shop/Page – the page where the sale is conducted.
These Regulations of the Online Shop, hereinafter referred to as the Regulations, define the principles for the use by the Customers of the services provided by PPUH KOMA Sp. z o.o. through the online platform: www.sklep.koma.zgora.pl, as well as the principles of providing services by the Online Shop to the Customers, and the rights and obligations of the parties to the transaction.
Each online shop customer is obliged, before using the offer of the online shop, to read the content of the Regulations and to make a declaration of acceptance of the content of its provisions.
The Internet Shop operating at the address www.sklep.koma.zgora.pl is run by: PPUH KOMA Sp. z o.o. with its registered office in Wilkanowo, ul. Kukułcza 1, 66-008 Wilkanowo, entered by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register in the Register of Entrepreneurs under No. 0000137191, NIP: 929-010-08-60, REGON: 008046042, e-mail address: [email protected]
The online shop of PPUH KOMA Sp. z o.o., hereinafter referred to as the online shop, sells the goods posted on the website via the Internet. Orders placed at the online shop www.sklep.koma.zgora.pl are fulfilled by PPUH KOMA Sp. z o.o. Wilkanowo, ul. Kukułcza 1, 66-008 Świdnica.
II. PURCHASING PRINCIPLES
The information placed on the website of the Online Shop does not constitute an offer within the meaning of the Civil Code.
The contract is concluded at the moment of confirming the acceptance of the order for processing by the Seller.
Through the Internet Shop the Customer has the possibility to purchase the offered products and orders are accepted 24 hours a day, 7 days a week – using the order form with the shopping cart on the website: www.sklep.koma.zgora.pl except for the time when the website cannot be displayed due to maintenance breaks or other technical reasons beyond PPUH KOMA Sp. z o.o.’s control.
Placing an order using the order form available on the website is done by filling it in with at least the following:
the goods ordered and the quantity of the product;
payment information (buyer’s/payer’s data needed for invoicing: name/company name, address, telephone, Tax ID);
delivery information (if the delivery address is different from the invoice address);
choice of payment method (bank transfer/collection/);
approval of the privacy policy and acceptance of the shop’s regulations.
The order is conditional on providing all the above-mentioned required data.
Placing an order is preceded by its preview, during which all the order data is displayed: names of selected products, total net/gross price, shipping cost. Immediately after placing the order, but no later than within 1 working day, an order confirmation is sent to the e-mail address provided by the Customer. In case of failure to receive the confirmation of order placement within the period specified above, it is necessary for the Customer to report the situation in order to enable PPUH KOMA Sp. z o.o. to clarify the matter and process the order placed.
Both net and gross prices (including VAT) are given with each product placed on the www.sklep.koma.zgora.pl website. Prices are expressed in Polish zloty. Product prices do not include the cost of transport of goods to the Customer. The cost of transport is automatically added when placing an order and shown to the buyer in the order confirmation.
The price quoted next to each item at the time of placing an order by the Customer is binding for each party to the transaction.
Each consignment will be accompanied by a VAT invoice or a retail VAT invoice (according to the Customer’s order) issued on the day the order is processed.
The Customer may make changes to the order until the VAT invoice is issued. Making changes is possible by sending an e-mail to: [email protected] or by informing:
– by telephone at: +48 (68) 3273307 or 510 817 177 on working days from 08:00 to 15:00,
III. ORDER PROCESSING
Payment for the ordered goods shall be made, depending on the Customer’s choice, ‘cash on delivery’, i.e. on receipt of the goods, ‘transfer’ by bank transfer to the account of PPUH KOMA Sp. z o.o. ul. Kukułcza 1, Wilkanowo, 66-008 Świdnica, held by PKO Bank Polski Branch 2 in Zielona Góra no.: 47 1020 5402 0000 0802 0436 9351 or ‘fast transfer’ via the Przelewy24 platform (the operator of payment cards is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068).
In the case of prepayment, the customer’s name/company name and order number must be provided in the transfer order. If these details are not provided, the order processing time may be extended by the time necessary to assign the payment made to the order, but no longer than 2 working days.
Orders are processed when the payment method “transfer” is selected, immediately after the payment is credited to the bank account of PPUH KOMA Sp. z o.o.
Orders are fulfilled in case of choosing the payment method – “cash on delivery” on the same working day – provided that the order is placed before 12:00 a.m. and in case of placing the order after 12:00 p.m. on the next working day.
Deliveries are made via a courier company.
The ordered goods are delivered in one of the forms available and indicated above, depending on the Customer’s choice. In the case of choosing the delivery method – shipping, parcels with ordered goods are properly secured.
Order fulfilment, i.e. the delivery of the ordered goods will take place at the address provided by the Customer in the order.
The Customer may also collect the ordered goods in person at the registered office of PPUH Koma Sp. z o.o. in Wilkanowo near Zielona Góra, ul. Kukułcza 1. The condition for personal collection is prior placement of the order and notification of the Customer’s willingness to collect the goods in person, after arranging the time by phone. The buyer, by acknowledging the receipt of goods, confirms their conformity with the order.
In the case of larger orders, PPUH Koma Sp. z o.o. reserves the right to carry them out in separate batches at times agreed with the customer, but the cost of delivery will be counted only once.
In case the goods are out of stock and it is not possible to accept the order in accordance with the deadline indicated in the offer, the Customer will be informed about the related extension of the order realisation time by phone or e-mail, depending on the accepted method of contact with the Customer. If the Customer accepts the proposed conditions, the order will be accepted for fulfilment.
If it is not possible to deliver the goods within 30 days from the date of the order, the online shop www.sklep.koma.zgora.pl is obliged to notify the customer immediately, within 14 days from the date of the order at the latest, and return the prepayment received.
IV. WITHDRAWAL
Withdrawal from the contract (applicable to consumers and businesses on the basis of consumer rights)
When can I withdraw from the contract and how?
The Customer has the right to withdraw from the contract within 14 days from the date of conclusion of the contract/delivery of the product, subject to paragraph 2. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller by sending a return form, which can be found on the website of the Online Shop at sklep.koma.zgora.pl. For more information on the right of withdrawal, please refer to Appendix 1 to the Terms and Conditions.
When is the right of withdrawal not available?
The customer is not entitled to withdraw from a contract in which:
the object of the performance is a non-refabricated item, produced to the customer’s specifications or serving to satisfy his/her individualised needs;
the object of the performance is an item which is perishable or has a short shelf life;
the object of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
the object of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery;
contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal
for the provision of services where the Seller has performed the service in full with the express consent of the consumer who has been informed before the performance begins that, after the trader has performed the service, he will lose his right of withdrawal;
the price or remuneration is dependent on fluctuations in the financial market over which the trader has no control and which may occur before the end of the withdrawal period;
concluded by public auction;
the object of the performance is the goods which are, by their nature, inseparable from other goods after delivery;
The customer shall bear the direct costs of returning the goods.
In the case of payment on delivery, the consumer must indicate in his withdrawal the bank account number to which the price paid is to be refunded. Returned goods should be delivered to the head office of PPUH Koma Sp. z o.o. together with, among others, the proof of purchase, guarantee card and user manual. It is the customer’s responsibility to secure the returned goods in order to prevent any possible damage during transport.
V. WARRANTY AND CONDITIONS OF COMPLAINT
The Seller shall take care to deliver high quality products.
The user may lodge a complaint regarding the purchased products using the rights under the warranty.
The complaint form is available on the website of the Internet Shop at sklep.koma.zgora.pl.
The complaint should contain data enabling the identification of the User, the subject of the complaint and the demands related to the complaint. In the case of receiving an incomplete complaint which makes it impossible to consider it, the Seller shall call the User to complete it under pain of leaving the complaint unprocessed.
The Seller shall immediately, but not later than within 14 days (in the case of Consumers and entrepreneurs acting on the rights of the Consumer) consider the complaints. The response shall be sent to the User’s e-mail address or in any other way indicated by the User.
The cost of shipping the goods in connection with the complaint shall be borne by the Seller.
Complaints regarding defects of goods should be made in writing or in person at the office of PPUH KOMA Sp. z o.o.
The products offered at www.sklep.koma.zgora.pl are brand new, free from physical and legal defects, and covered by a guarantee. Guarantee rights must be exercised in accordance with the terms and conditions specified on the guarantee card and in the service network indicated therein. PPUH Koma Sp. z o.o. makes every effort to ensure that the offer presented on the website is up-to-date.
VI. FINAL PROVISIONS
These Terms and Conditions shall apply to sales conducted exclusively in the Republic of Poland.
The information contained on the Seller’s website does not constitute the Seller’s offer within the meaning of the Civil Code in the case where, in accordance with these Terms and Conditions, the conclusion of a contract occurs after the order confirmation is sent, but only an invitation to customers to submit offers to conclude a sales contract in the manner described in these Terms and Conditions.
If the User is from outside Poland, he/she should inform the Seller indicating his/her place of residence/site so that the tax can be settled according to the regulations in force.
In case of returning the purchased product, please send it back or give it to the Seller.
When using the products, it is forbidden to provide information of an unlawful nature or to act in a manner contrary to the law, morality or violating personal rights of third parties.
Amicable handling of disputes and complaints. The consumer has the possibility to turn to:
a permanent amicable consumer court with a request to resolve a dispute arising from a concluded contract.
the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the User and the Seller.
the district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection and obtain assistance in a contract case or has the right to
use the ODR platform. The platform serves to resolve disputes between consumers and traders http://ec.europa.eu/consumers/odr.
The Customer is obliged to refrain from any behaviour that could adversely affect the proper functioning of the Internet Shop, including, in particular, any interference with the content of the Internet Shop or its technical elements, including the provision/sending of unlawful content. By accepting the content of the Rules and Regulations, the Customer declares that he/she will not violate the aforementioned prohibitions.
These Rules and Regulations are an integral part of sales agreements concluded electronically by the www.sklep.koma.zgora.pl shop with the Customers. The Regulations are made available to the Customers free of charge via the website.
PPUH Koma Sp. z o.o. reserves the right to introduce changes to the Rules and Regulations, which will be effective as of the date indicated therein, which, however, cannot be shorter than 14 days from the date of making information about the change available on the website www.sklep.koma.zgora.pl along with the consolidated text of the Rules and Regulations. Orders for goods placed before the entry into force of the new Rules and Regulations shall be subject to the rules set out in the previous Rules and Regulations.
Matters not regulated by these Terms and Conditions shall be governed, inter alia, by the Civil Code, the Act on Consumer Rights and the Act on Electronic Provision of Services.
Detailed information on the principles of personal data processing can be found in the Privacy Policy, which can be found on the website of the Internet Shop at sklep.koma.zgora.pl.
Appendix No. 1 to the Terms and Conditions – Notice of withdrawal from the contract
You may withdraw from the contract within 14 days from the date of conclusion of the contract/delivery of the product without giving any reason.
In order to exercise your right of withdrawal, you must inform us of your decision by sending us a return form, which can be found on the website of the Online Shop at sklep.koma.zgora.pl.
Our contact details: PPUH KOMA Sp. z o.o. Wilkanowo, ul. Kukułcza 1, 66-008 Świdnica.
In order to observe the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of normal delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with this refund. If you have requested the commencement of the performance before the expiry of the withdrawal period, you will pay us an amount proportionate to the extent of the performance provided up to the time you have informed us of your withdrawal from this contract.”