TERMS AND CONDITIONS OF KRATKI.PL MAREK BAL ONLINE STORE AVAILABLE AT https://kratki.com/
These Terms and Conditions are addressed both to Consumers as well as businesses using the Store, unless a given provision of the Terms and Conditions provides otherwise and is addressed only to Consumers or only to businesses.
The provisions of the Terms and Conditions concerning Consumers shall apply also to natural persons operating business activity that conclude a Contract directly connected with their business activity, if from the wording of the Contract it follows that for this person it is not of professional character, resulting in particular from the object of the business activity operated by such person.
The Store is committed to protecting Consumer rights. Consumers may not waive the rights granted to them. Any provisions of the Terms and Conditions that are less favourable for Consumers are invalid, and the provisions of generally applicable law shall apply in their place. Therefore, the provisions of the Terms and Conditions are not intended to exclude or limit any Consumer rights under mandatory provisions of law, and any possible doubts should be interpreted in favour of Consumers.
§ 1. DEFINITIONS
Any and all capitalized terms defined below shall have the following meaning:
Store – the online store of the Seller available at https://kratki.com/;
Terms and Conditions – these Terms and Conditions of the Store;
Seller – Marek Bal operating business activity under the business name Kratki.pl Marek Bal with its registered seat in Wsola, at ul. Witolda Gombrowicza 4, 26-660 Jedlińsk, telephone: +48 389 99 11, e-mail: [email protected], tax identification number NIP: 7961158007, state statistical number REGON: 670814979, entered into the Central Electronic Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy;
Buyer – a natural person with full capacity for legal transactions (where required by law, also a person with limited capacity for legal transactions), a legal person, or an organizational unit without legal personality enjoying legal capacity accorded under the law, using services provided electronically by the Seller;
Consumer – a natural person making a legal transaction not directly connected with their business or professional activity;
Business Days – all weekdays from Monday till Friday, excluding Saturdays, Sundays and legal holidays;
Calendar Days – all full days, including Saturdays, Sundays and legal holidays;
Registration Form – a form available in the Store, making it possible to create an Account;
Account – a set of resources in the Seller's information and communication system, marked with an individual name (login) and password provided by the Buyer, in which the Buyer's data are stored, including information about placed Orders;
Order Form – a form available in the Store, making it possible for the Buyer to place an Order and have it processed without the necessity to create an Account;
Order – a declaration of will of the Buyer constituting an offer to conclude a Product sales Contract with the Seller;
Contract – a Product sales contract concluded via the Store;
Product – a movable item available in the Store, being the object of the Contract between the Buyer and the Seller. All Products available in the Store are original, brand new (defect-free) and compliant with applicable standards and requirements;
Cart – a list of Products made up from Products offered in the Store on the basis of the Buyer's choice;
Promotion – a time-limited price rebate on selected Products;
Proof of Purchase – a VAT invoice confirming purchase of a Product;
Newsletter – a service provided electronically by the Seller, consisting in making it possible to interested Buyers to automatically receive the most important information related to the Store to a specified e-mail address;
Contract Withdrawal Form – a document attached to the Terms and Conditions making it possible to withdraw from the Contract;
Complaint Form– a document attached to the Terms and Conditions making it possible to lodge a complaint;
Force Majeure –random, unforeseeable and unpreventable events, in particular, sudden serious industrial and technological failures, interruption of energy supply, restrictions caused by war, strike, state of epidemic emergency, state of epidemics, natural disaster or order of state and self-government authorities preventing the performance of the Contract, etc.;
- Services provided electronically by the Seller consist in:
- making it possible to maintain a Store Account;
- making it possible to conclude a Contract by completing the Order Form;
- making it possible to conclude a Contract by the Seller sending an Individual Offer to the Buyer;
- providing the Newsletter.
- The Buyer shall be obliged to use the Store in a manner compliant with applicable law, rules of social coexistence and good practice, respecting personal rights and intellectual property rights of third parties.
- The Store may organize Promotions for selected Products from the offer of the Store. The Seller shall determine the rules concerning the promotions, making them publicly available on the Store website.
- The Seller’s announcements, advertisements, pricelists and other Product information provided on the Store website, in particular Product descriptions, technical and performance parameters, as well as prices constitute an invitation to conclude a Contract.
- To successfully place an Order in the Store it is required to use a computer with an at least 200 MHz 64MB RAM processor, 800x600 resolution 256 colours graphics card and a web browser (Internet Explorer (version >= 6.0), Microsoft Edge, Mozilla Firefox, Opera), as well as a keyboard or another pointing device, making it possible to correctly complete electronic forms.
§ 3. TERMS OF PLACING ORDERS
- The Buyer may select one of the following methods of placing an Order:
- placing an Order through a previously created Account;
- placing an order by completing the Order Form available on the Store website;
- placing an order by accepting an Individual Offer received from the Seller.
- Orders referred to in § 3 sec. 1 point a and b, may be placed 7 Calendar Days a week, 24 hours a day.
- In order to successfully place an Order referred to in 3. sec. 1 point a and have it completed, it is necessary for the Buyer to complete the Registration Form and thus create an Account.
- In order to successfully place an Order referred to in § 3. sec. 1 point b and have it completed, it is necessary for the Buyer to add a Product to the Cart, complete the Order Form available on the Store website and send it to the Store.
- In order to successfully place an Order referred to in § 3. sec. 1 point c and have it completed, it is necessary for the Seller to send via e-mail an Offer prepared at an individual request of the Buyer, and for the Buyer to accept the terms and conditions of such Offer.
- Orders placed on Business Days after 15:30, on Saturday, Sundays and legal holidays, shall be processed on the following Business Day.
- Confirmation of placing and acceptance of an Order for processing shall be sent to the Buyer by the Seller via e-mail. The Contract shall be considered concluded upon receipt of the e-mail by the Buyer.
- Processed Orders may be changed or cancelled by the Buyer until the Product is sent. Changes may only pertain to resignation from all or a part of the Products comprising the Order, changes in the delivery address or changes in the data on the Proof of Purchase. It is possible to change or cancel an Order by contacting the retail sales department at +48 389 99 11 or at [email protected]. Any change may result in a change of the time of Order processing.
- Order processing time is up to 60 Business Days. This time may vary depending on the type of Product and its availability.
- The Buyer shall be informed of unavailability of Products, and thus shall have the right to agree to an extension of the time of Order processing or to resign from the ordered Product or the entire Order. In case of unavailability of Products, the estimated time of Order processing shall be agreed upon individually with the Buyer.
- In case of any doubts regarding a placed Order (e.g. an erroneous address, incomplete personal data), the Seller reserves the right to have the Order verified by the Store Service.
- The Seller reserves the right to cancel an Order, if the Buyer, despite being called upon, fails to, within 7 Calendar Days, remedy the defects, which need to be remedied for an Order to be successfully completed.
§ 4. PAYMENTS
- Any and all prices provided in the Store include VAT and other components. Delivery costs shall be added to the total amount of the Order.
For Buyers ordering a Product with a place of delivery outside the customs borders of the European Union (excluding Northern Ireland), all prices are net prices, i.e. the prices displayed in the Store are exclusive of VAT, customs duties and other import charges. VAT, customs duties and other import charges that may be applicable under the laws of the country of destination for the importation of goods shall be declared and accounted for by the Buyer at the time of purchase or delivery.
In view of significant differences in import regulations between countries, we recommend that you contact the customs office of the country of destination of the Product to find out about import duties and fees.
- The Buyer is informed about the total amount of the Order each time before the final confirmation of the Order.
Each Order is accompanied by a Proof of Purchase. The Buyer, in order to have the Order completed, authorizes the Seller to issue VAT invoices without the signature of the recipient. Proof of Purchase in the form of a PDF file for downloading and printing shall be sent to the e-mail address specified by the Buyer during Account registration or when placing an Order. If the Buyer wishes to receive a VAT invoice on paper, the Buyer is requested to contact the Seller at +48 389 99 11 or [email protected].
- If an Order is placed by a Buyer as an entrepreneur, the Store shall require the Buyer to provide additional data (i.a. the business name, tax identification number – NIP / European VAT no.), on top of the data required from a Buyer placing an Order as a Consumer, which follows from the tax obligations of the Seller and the Buyer.
- If the Buyer places an Order and provides data as a Consumer, it is impossible to change the nature of this sale to professional sale, i.e. sale in which the Buyer acts as an entrepreneur.
- If an Order is placed by a Buyer acting as an entrepreneur from an EU country other than Poland, the Buyer undertakes to provide the Seller with a scan of the completed and signed Product receipt confirmation, which will be sent together with the Proof of Purchase.
- The Buyer may choose one of the following methods of payment for the Products ordered (in certain cases or depending on the type and place of delivery selected by the Buyer, the Seller reserves the right to accept only certain payment methods):
- payment by ordinary or online transfer to the Seller's bank account;
- electronic (online) payment – Blue Media, Klarna;
- PayPal Express Checkout;
- cash-on-delivery payment – payment to the courier by receipt of the consignment;
- recurring payment;
- The payment method shall be selected by the Buyer when placing an Order.
- If the payment method specified in 4. sec. 7 point a and e is selected, Products shall be shipped when 100% of the total Order amount has been credited. Payment transfers shall be made to one of the bank accounts of the Seller specified below:
- for payments in PLN:
Bank account number: PL07114010940000237330001001
Swift : BREXPLPWXXX
- for payments in GBP:
Bank account number: PL17114010940000237330001015
Swift : BREXPLPWXXX
- for payments in USD:
Bank account number: PL93114010940000237330001005
Swift : BREXPLPWXXX
- for payments in CZK:
Bank account number: PL11114010940000237330001026
- for payments in HUF:
Bank account number: PL54 1140 1094 0000 2373 3000 1028
- for payments in RON:
Bank account number: PL81 1140 1094 0000 2373 3000 1027
- for payments in PLN:
- If the payment method specified in § 4. sec. 7 point b and c is selected, Products shall be shipped after a successful authorisation of 100% of the total Order amount.
- If the payment method specified in § 4. sec. 7 point d is selected, Products shall be shipped immediately, no later than within 60 Business Days from placing of the Order by the Buyer (in situations when the Product is in stock).
- If the payment method specified in § 4. sec. 7 point a is selected, if the Buyer does not make the payment within 7 Calendar Days from the date of Order confirmation, the Seller shall call upon the Buyer to make the payment. In case of an ineffective call, the Seller shall have the right to cancel the Order, informing the Buyer thereof by e-mail or telephone.
- Internet payments made online via:
- Blue Media are processed by Blue Media Spółka Akcyjna with its registered seat in Sopot, address: 81-718 Sopot, ul. Powstańców Warszawy 6, registered in the District Court Gdańsk-Północ in Gdańsk, VIII Commercial Division of the National Court Register, KRS no. 0000320590;
- PayPal Express Checkout are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”);
- Klarna are processed by Klarna Bank AB (publ), Corp. ID No. 556737-0431, Sveavägen 46, 111 34 Stockholm, Sweden.
§ 5. RECURRING PAYMENT
- Recurring payment may be used by a Buyer not being a Consumer.
- The Buyer, in order to avail of the recurring payment, undertakes to provide the Seller with payment card details.
- In order to register a payment card, the Buyer as part of the process of completing the Registration Form, when selecting the payment method, should provide payment card details (16- or 19-digit payment card number, payment card expiration date, CVV/CVC) and accept the provisions of the Terms and Conditions regarding recuring payments.
- The Buyer, by accepting the provisions of the Terms and Conditions regarding recuring payments, grants consent for registration of the payment card in the course of the payment process.
- A Buyer who voluntarily and knowingly agrees to recurring payments shall have their payment card charged for the amount of Orders finally approved by the Buyer.
- Payment for an Order shall be charged to the payment card after an Order is finally approved by the Buyer at the earliest, which means that the payment shall be charged after the Order has been placed in the Store.
- A VAT invoice for a placed Order shall be issued and sent to the Buyer to the e-mail address provided in the process of Account registration.
- The frequency of charges is variable and shall depend on the frequency of Orders placed by the Buyer.
- The Buyer’s payment card shall be charged each time after final acceptance of an Order by the Buyer, until the Buyer resigns from the recurring charging of the payment card.
- If an attempt to charge the payment card fails, the Seller shall make another attempt to charge the payment card within 1 Calendar day of the first attempt.
- If two attempts to charge the payment card fail, an Order shall be cancelled.
- The Buyer may resign from the recurring charging of the payment card by sending an e-mail to [email protected] or calling the number +48 389 99 00, or by contacting the account manager.
- In order to prevent the next charge to the Buyer's payment card, the cancellation notification should be delivered at least 2 Business Days before the date of the scheduled charge.
- In case of any questions regarding recurring payments with the use of a payment card, the Buyer may contact the helpline at +48 389 99 00 or send an e-mail to [email protected].
§ 6. DELIVERY
- The Buyer may select the following methods of delivery of ordered Products (in certain cases or depending on the type and place of delivery selected by the Buyer or the size of the consignment, the Seller reserves the right to accept only certain methods of delivery):
- delivery of Products by courier companies;
- delivery of Products to a parcel kiosk (paczkomat);
- pick-up of Products at a pick-up point.
- The delivery address shall be provided by the Buyer when placing an Order.
- The delivery costs shall be incurred by the Buyer.
Deliveries within the European Union are not subject to customs duties. In the case of deliveries to countries outside the European Union, in particular Switzerland and the United Kingdom (except Northern Ireland), customs, tax and other duties apply and it is the Buyer's responsibility to comply with them.
- The Buyer shall be informed about the delivery costs before the final confirmation of Order placement.
In case of deliveries to non-EU countries, the Buyer shall be informed about the obligation to pay the delivery costs. The Buyer shall be informed about the final costs of delivery by e-mail immediately after the Seller determines the amount of these costs.
- Delivery costs shall depend on the type and size of the consignment and the delivery address. The final amount of the delivery costs shall be displayed during placing of the Order.
- The approximate time of delivery, from the time when the consignment is released to a courier within the territory of the Republic of Poland (which takes place on Business Days) is equal to:
- in case of a parcel: 2 Business Days;
- in case of a parcel delivered to a parcel kiosk: 2 Business Days ;
- in case of pick-up at a pick-up point: 2 Business Days ;
- in case of a pallet: 2 Business Days.
- The delivery time within the European Union, from the time when the consignment is released to a courier (which takes place on Business Days) may differ depending on the consignment delivery address, however it does not usually exceed 7 Calendar days.
Outside the European Union, the delivery time is longer, depending on the delivery address, however it usually does not exceed 14 Calendar days. After placing of an Order with the delivery address outside of the European Union, the Buyer shall be informed individually by e-mail about the planned delivery date.
- The Buyer undertakes to collect the ordered Product.
§ 7. CONSIGNMENT DAMAGE COMPLAINTS
- After signing of the consignment note (legible signature, date and time of parcel receipt), the Buyer, who is not a Consumer, is obliged to check the contents of the parcel in the courier's presence. The courier is obliged to wait until the consignment has been inspected. If a Product is found to be missing or damaged, a damage report should be drawn up, which shall be the basis for consideration of the complaint. If the courier does not comply with their obligation, i.e. fails to wait until the consignment has been inspected, the Buyer shall be obliged, on the date of collection of the consignment, to report the damage to the transport company handling the delivery.
- If a consignment is found to be damaged, the courier shall be obliged to complete the damage report on site. The courier should be in possession of such a report form. The courier shall be obliged to draw up a damage report, and if the courier refuses to draw up a damage report, the Buyer is requested to report to the Customer Service of the shipping company handling the delivery.
- Before the Buyer signs the damage report, the Buyer is obliged to read it carefully and pay special attention to compliance of the information contained therein with the actual condition of the consignment (damage to packaging, warning markings). Moreover, the Buyer may additionally take photographs of the damaged Product.
- In case of difficulties with Product inspection or the courier’s refusal to draw up a damage report, the Seller suggests noting the personal details of the employee of the transport company – name, surname and courier number – and to immediately provide this information to the person handling the Order or to the complaint department at +48 389 99 11.
- A completed damage report (necessarily indicating the date of delivery of goods) should be sent by the Buyer via e-mail to [email protected].
- If the Buyer refuses to accept the consignment because it is damaged, an appropriate note should be made on the consignment note.
- Complaints regarding transport damages are not reported by couriers of transport companies, so the Buyer is asked to provide the Seller with a completed damage report drawn up together with the courier.
- The Product under complaint should be sent to the address of the registered seat of the Seller
Kratki.pl Marek Bal Wsola
Gombrowicza 12 - Hala O
26 – 660 Jedlińsk.
- The provisions of sections 1 – 8 shall not apply to Buyers being Consumers. In case of these persons, the Seller only recommends inspecting the consignment in the presence of the courier. Failure to inspect the consignment and to draw up a damage report shall not prevent a potential complaint, however if such inspection takes place, the complaint handling procedure shall be considerably facilitated.
§ 8. COMPLAINT UNDER STATUTORY WARRANTY FOR PHYSICAL DEFECTS
- If a Product is found to be defective, the Buyer is obliged to inform the Seller about it.
- A complaint should contain a description of the Product defect, the date on which it occurred and the Buyer's request. In order to facilitate the complaint handling procedure, the Seller provides on the Store website a Complaint Form, as well as a Complaint Form in a text file format. The Buyer is requested to submit a completed Complaint Form or to send a completed Complaint Form to the Seller, for example by e-mail to [email protected]. For technical and organizational reasons, complaints submitted via the Complaint Form on the Store website shall be processed faster.
- The Buyer is not obliged to use the forms prepared by the Seller.
- The Buyer is requested to attach the Proof of Purchase or a copy thereof to the Product under complaint.
- The Buyer shall be obliged to send back the Product under complaint. Kindly enclose the Proof of Purchase and information about the order number and the Buyer's e-mail address in order to facilitate the processing of the complaint.
- The Product under the complaint must be sent to the address of the registered seat of the Seller:
Kratki.pl Marek Bal Wsola
ul. Gombrowicza 12 - Hala O
26 – 660 Jedlińsk.
- If the data or information provided in the complaint need to be supplemented, before processing the complaint, the Seller shall ask the complainer to supplement the complaint in the requested scope.
- The Seller undertakes to respond to the complaint submitted by the Buyer within 14 Calendar Days. No response from the Seller after the deadline specified in the preceding sentence shall result in the complaint being deemed justified.
- The Seller shall be liable under the statutory warranty, if the defect has been detected before the lapse of 2 years from the release of the Product to the Buyer.
- Slight differences in appearance resulting from individual settings of the Buyer's computer – and in particular the monitor – may be insufficient grounds for a complaint regarding the purchased Product.
- The liability of the Seller under the statutory warranty towards Buyers not being Consumers is entirely excluded.
§ 9. GUARANTEE
- Products offered in the Store are covered by a quality guarantee on the proper functioning of the Product specified on the Proof of Purchase, which is granted by the Seller.
- The guarantee period granted for each Product sold shall vary depending on the Product and its component parts. The Product may consist of many separate parts and different guarantee periods shall apply to different parts.
- The guarantee period shall commence upon purchase or installation of the original Product by the first Buyer (end user).
- The rights of the Buyer under the guarantee granted shall expire automatically after the lapse of the guarantee period.
- Any damage resulting from improper handling, storage, unskilled maintenance, non-compliance with the conditions specified in the operating and maintenance manual or other causes beyond the manufacturer's control shall result in losing of the guaranty rights.
- In order to lodge a complaint, the Buyer should complete the Complaint Form or send a completed Complaint Form to [email protected]. The Buyer shall be requested to enclose the Proof of Purchase or a copy thereof, as well as the guarantee card. For technical and organizational reasons, complaints submitted via the Complaint Form on the Store website shall be processed faster.
- A complaint lodged shall be verified by the Seller, who shall determine whether the defect has not been the fault of the Buyer. The Complaint shall be handled within 14 Calendar Days from the date when it was lodged in writing.
- The guarantee does not exclude, does not limit and does not suspend the rights of the Buyer resulting from the Seller’s liability for physical and legal defects of the Product resulting from the provisions of law on the statutory warranty for defects in sold goods.
§ 10. WITHDRAWAL FROM THE CONTRACT
- A Buyer who is a Consumer shall have the right to withdraw from the Contract for any reason within 14 Calendar Days:
- in case of purchase of one Product – from the date on which the Buyer takes possession of the Product or on which a third party other than the carrier and indicated by the Buyer takes possession of the Product;
- in case of purchase of multiple Products that are delivered separately – from the date on which the Buyer takes possession of the last Product or on which a third party other than the carrier and indicated by the Buyer takes possession of the last Product;
- in case of purchase of Products that are delivered in batches or in parts – from the date on which the Buyer takes possession of the last batch or part or on which a third party other than the carrier and indicated by the Buyer takes possession of the last batch or part;
- in case of a contract covering regular delivery of Products for a specified period – from the date on which the Buyer takes possession of the first item or on which a third party other than the carrier and indicated by the Buyer takes possession of the first Product.
- The Buyer shall not have the aforementioned right in cases described in the provisions of law, and above all in case of:
- provision of services, if the Seller has fully completed a service upon explicit consent of the Buyer, who has been informed prior to making of the performance that upon making of the performance by the Seller the Buyer shall lose the right to withdraw from the Contract;
- contracts whereunder a non-fabricated item manufactured according the Buyer’s specification or serving the Buyer’s individual needs is supplied;
- special contracts whereunder items are supplied which, after delivery, due to their character, shall be permanently joined with other items;
- contracts in which the Buyer expressly requests the Seller to come to the Buyer to carry out an urgent repair or maintenance works. If the Seller additionally provides other services than those required by the Buyer or delivers items other than replacement parts necessary to carry out the repair or maintenance – the Buyer shall have the right to withdraw from a distance Contract with respect to the additional services or items.
- In order to exercise the right to withdraw from the Contract, the Buyer must inform the Seller of their decision to withdraw from the Contract by an unequivocal statement provided to the Seller in any way. The Buyer may use the Contract Withdrawal Form, however it is not obligatory. In order to meet the Contract withdrawal deadline, it is sufficient for the Buyer to send information concerning the exercise of the Buyer's right to withdraw from the Contract before the deadline expires.
- For technical and organizational reasons, statements submitted via the Contract Withdrawal Form on the Store website shall be processed faster.
- A Buyer withdrawing from a distance Contract shall be obliged to return the Product within 14 Calendar Days from the date of submission of the withdrawal notice. Products returned by withdrawal from the Contract need to be sent to the following address:
Kratki.pl Marek Bal
Wsola Gombrowicza 12 - Hala O
Kindly enclose the Proof of Purchase or a copy thereof with the returned Product.
- Shipping costs of the returned Product shall be borne by the Buyer. If the Product, due to its nature, cannot be ordinarily returned by post, the Buyer shall bear the direct costs of returning the Product (e.g. costs of sending the Product by courier).
- Before exercising the right to withdraw from the Contract, the Buyer may handle the Product purchased at a distance only in a manner in which it is possible to handle it in a stationary store, but may not put such Product to use. The Buyer shall be liable for any diminished value of the Product resulting from the handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product. In case of a damage consisting in any diminished value of the Product resulting from the handling of the Product in a manner exceeding the scope necessary to establish the nature, characteristics and functioning of the Product, the Seller shall issue a debit note to the Buyer, which shall have the effect of reducing the value of the refunded payment by the value of the damage, or shall require the Buyer to pay the value of the damage.
- In case of withdrawal from the Contract, the Seller guarantees a refund of all payments received from the Buyer, including a refund of the costs of delivery of the items to the Buyer immediately, and in any case no later than within 14 Calendar Days from the date when the Seller was informed about the Buyer’s decision to exercise the right to withdraw from the Contract. The Seller may withhold the refund, until it receives the Product or until it is provided with proof that the Product has been sent back, whichever occurs first.
- The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different refund method that does not involve additional costs for the Buyer. In case of a refund for a payment made by the Buyer with a payment card, the Seller shall make the refund to the bank account assigned to the Buyer's payment card. In case of payment with the use of methods of electronic payment, cash on delivery or recurrent payment, it is necessary for the Buyer to provide a bank account number to which the return is to be made.
- If the Buyer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to refund to the Buyer any additional costs incurred by the Buyer.
- If the Buyer withdraws from the Contract and sends the Product at the Seller's expense or with the use of the cash-on-delivery payment method, the Seller shall charge the Buyer with the incurred costs of shipment.
- The provisions of this paragraph shall not apply to Buyers who are not Consumers.
§ 11. PERSONAL DATA PROTECTION
- If you have any comments, concerns or wish to lodge a complaint regarding the processing of personal data, please contact the Data Protection Officer of Kratki.pl at [email protected].
§ 12. COPYRIGHT PROTECTION
- Any and all photographs of Products as well as other materials (including texts, graphics, logos) posted on the Store website are the property of the Seller or have been used by the Seller upon consent of third parties holding copyrights thereto.
- It is prohibited to copy photographs or other graphical materials and to reprint texts published on the Store website, including to make them available online without a written consent of the Seller or of another third party holding copyrights thereto.
- It is also prohibited for third-party entities to download photographs from the Store website and use them for marketing or commercial purposes.
- Use of the abovementioned materials without a written consent of the Seller or another third party holding relevant copyrights is unlawful and may constitute a basis for initiation of a civil or criminal proceeding against the perpetrators.
§ 13. LIABILITY
- The Seller shall not be liable for:
- unavailability of the Store caused by Force Majeure;
- actions or omissions of the Buyer or of third parties for whose actions or omissions the Buyer is responsible;
- blocking by mail server administrators of sending of messages to the e-mail address indicated by the Buyer or for deleting and blocking of e-mail messages by the software installed on the computer used by the Buyer;
- technical problems or technical limitations of the computer hardware, terminal device, communication and information system and telecommunications infrastructure used by the Buyer, which make it impossible for the Buyer to correctly use the Store and the services offered therein;
- the consequences of the Buyer’s use of the Store in breach of the applicable law, of the provisions of these Terms and Conditions or the custom adopted in this respect;
- the data transmission speed and limitations related thereto, resulting from circumstances of i.a. technical, technological and infrastructural nature;
- errors in processing of Orders or other instructions of the Buyer, resulting from incorrect data provided by the Buyer.
- The Seller shall have the right to limit, suspend or terminate provision of services in the Store as a result of technical service, maintenance works, expansion or works on improvement of the Store’s functionality, if this does not affect the rights of the Buyer. At the same time, the Seller undertakes to use its best efforts to ensure that the aforementioned interruptions take place during the night hours and continue for as short as possible.
§ 14. FINAL PROVISIONS
- The Buyer reserves the right to amend the Terms and Conditions. Any amendments enter into force at the time explicitly indicated by the Seller, not earlier, however, than after the lapse of 7 Calendar Days from the announcement thereof. Orders placed before the amendments referred to in the preceding sentence enter into force, shall be processed in accordance with the terms and conditions applicable at the time of placing of such Orders.
- Any and all disputes between the Parties shall be resolved amicably or in the presence of an independent and impartial mediator. A Consumer shall also have the right of recourse to an out-of-court complaint and redress mechanism. In order to avail of the possibility of amicable resolution of disputes concerning online purchases, the Consumer may submit a complaint via the EU ODR platform, available at: http://ec.europa.eu/consumers/odr/.
- The Terms and Conditions, as well as Contracts concluded on the basis hereof, shall be governed by Polish law and shall be subject to the jurisdiction of Polish courts and any and all disputes shall be resolved by a Polish common court with jurisdiction over the Seller's registered seat (if it is impossible to resolve a dispute amiably). The provisions of the preceding sentence shall not apply to Consumers, if the provisions applicable to Consumers prevent the choice of law and of the court competent to resolve the dispute or indicate which law and court shall be relevant for the legal relations with Consumers.
- The provisions of commonly applicable provisions of law shall apply to matters not regulated herein.
Terms and Conditions as of 21 April 2021.
Previously applicable Terms and Conditions may be downloaded HERE.
Contract Withdrawal Form may be downloaded HERE.
Complaint Form may be downloaded HERE.