Contents

 

§1 General provisions

 
  1. The online store [hereinafter "Store" or "Entrepreneur"] conducts retail sales via the Internet, based on these Regulations [hereinafter "Regulations"].
  2. The owner of the Store is:
Kratki Raczak
Hubert Raczak
Łany, ul. Owocowa 13
55-002 Kamieniec Wrocławski
voivodeship Lower Silesia

NIP: 894-230-33-83

REGON: 9311036618

 tel. +48 71 725 61 30
email address: biuro@kratkiraczak.pl
  1. The Regulations are an integral part of the sales contract concluded with the Customer.
  2. The condition for concluding a sales contract is the acceptance of the Regulations by the Customer.
  3. The prices given in the Store are gross prices (including VAT) and do not include delivery costs
  4. The goods available in the Store are free from physical and legal defects and have been admitted to trading in the Republic of Poland on the basis of applicable legal provisions and decisions of the relevant administrative authorities.

§2 Orders

  1. Orders can be placed as follows:
  • via the form available on the Store's website,
  • by e-mail to the address available on the Store's website,
  • by phone to the numbers intended for placing orders, available on the Store's website in the Contact tab.
  1. The condition for the execution of the order is that the Customer provides data enabling verification of the Customer and the recipient of the goods. The store confirms acceptance of the order by e-mail or telephone.
  2. The parties are bound by the information contained on the Store's website for the purchased goods at the time of placing the order, in particular: price, characteristics of the goods, their features, elements included in the set, date and method of delivery.
  3. When placing an order, the customer expressly confirms that he or she knows that the order entails an obligation to pay.
  4. The contract for the sale of goods is concluded when the Customer receives order confirmation.

§3 Payments

  1. The customer can choose the payment methods specified in the Payment methods tab.
  2. Shipping prices are specified in the delivery price list.
  3. The condition for the release of goods is payment for the goods and shipment.
  4. Each shipment is accompanied by proof of purchase, i.e. a fiscal receipt. A VAT invoice is issued at the Buyer's request

§4 Shipping of goods

  1. The Store sends the ordered goods via shipping companies (e.g. Poczta Polska or a courier company) or makes them available for collection by the customer at the company's headquarters. The buyer chooses the method of delivery of the goods
  2. In the case of payment by payment card, the order processing time is counted from the moment of positive authorization of the transaction.
  3. In the case of payment by other means than cash on delivery, the shipping date is extended by the period between placing the order and the date of crediting the payment to the Store's bank account.

§5 Complaints

  1. In the event of exercising the rights arising from the warranty, the Customer should return the complained goods to the Store, at the Store's expense, along with a description of the non-compliance.
  2. The goods should be sent to the following address:

Łany, ul.
Owocowa 13 55-002 Kamieniec Wrocławski
province Lower Silesia

  1. The Store is liable to the Customer if the sold item has a physical or legal defect (warranty).
  2. A physical defect consists in the non-compliance of the sold item with the contract. In particular, the sold item is inconsistent with the contract if:
  • there are no properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
  • does not have properties that the seller has assured the buyer about, including by presenting a sample or pattern;
  • it is not suitable for the purpose about which the buyer informed the seller when concluding the contract, and the seller did not raise any objections to its intended use;
  • was delivered to the buyer in an incomplete condition
  1. If the sold item has a defect, the customer may
  • submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without excessive inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Store or the seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect.  
  • If the Customer is a consumer, he may, instead of removing the defect proposed by the Store, demand replacement of the item with a defect-free one or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method. proposed by the Store. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to a different method of satisfaction are taken into account.
  • The reduced price should be in such proportion to the price resulting from the contract that the value of the item with a defect remains to the value of the item without the defect.
  • The customer cannot withdraw from the contract if the defect is immaterial.
  • The customer may request that the item be replaced with a defect-free one or that the defect be removed.
  • The store is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the buyer.
  • The Store may refuse to satisfy the Customer's request if bringing the defective item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract. If the Customer is an entrepreneur, the Store may refuse to replace the item with a defect-free one or to remove the defect also if the costs of satisfying this obligation exceed the price of the item sold.
  1. The store responds to the customer's complaint within 14 business days from the return of the goods along with a description of the non-compliance.
  2. If the fulfillment of a justified complaint involves sending the Customer new goods or removing non-conformities, the delivery costs are borne by the Store.

§6 Right to withdraw from the contract

  1. Pursuant to the Act of May 30, 2014 on consumer rights, a consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 section 2 and art. 35. The above-mentioned Act.
  2. The period for withdrawal from the contract begins when the consumer or a third party indicated by him, other than the carrier, takes possession of the item, and in the case of a contract which:
a) includes many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part,
b) consists in the regular delivery of items for a specified period of time - from taking possession of the first item;
  1. The declaration may be submitted on the form, the template of which is attached to these regulations. To meet the deadline, it is enough to send the declaration before its expiry
  2. The store will immediately, no later than within 14 days from the date of receipt of the consumer's declaration of withdrawal from the contract, refund all payments made by the consumer, including the costs of delivering the goods.
  3. The store refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.
  4. If the Store has not offered to collect the item from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the item back or until the consumer provides proof of sending it back, depending on which event occurs first.
  5. If the consumer has chosen a method of delivering the item other than the cheapest standard delivery method offered by the entrepreneur, the store is not obliged to refund the additional costs incurred by the consumer.
  6. The consumer is obliged to return the item to the entrepreneur or hand it over to a person authorized by the entrepreneur to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the entrepreneur has offered to collect the item himself. To meet the deadline, it is enough to return the items before its expiry.
  7. The consumer only bears the direct costs of returning the goods, unless the entrepreneur agreed to bear them or did not inform the consumer about the necessity to bear these costs.
  8. If the contract was concluded outside the business premises and the item was delivered to the consumer to the place where he or she resided at the time of concluding the contract, the entrepreneur is obliged to collect the item at his own expense if, due to the nature of the item, it cannot be sent back by regular mail.
  9. The consumer is responsible for reducing the value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
  10. When the consumer withdraws from a contract concluded remotely or off-premises, the related additional contracts concluded by the consumer expire if, on their basis, the service is provided by the entrepreneur or a third party pursuant to an agreement with the entrepreneur. The consumer does not bear any costs related to the expiry of these contracts, except for the costs specified in Art. 33, art. 34 section 2 and art. 35. Act of 30 May 2014 on consumer rights
  11. If the additional contract was concluded with a third party, the entrepreneur informs that person about the consumer's withdrawal from the contract.
  12. Based on Article. 38 of the Act of 30 May 2014 on consumer rights, the right to withdraw from the contract does not apply to:
 
Article 38. Act of May 30, 2014 on consumer rights
The consumer is not entitled to withdraw from a contract concluded off-premises or remotely
in relation to contracts:
1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who has been informed
before the commencement of the service, that after the entrepreneur has completed the service, he will lose the right to withdraw
from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control
control, and which may occur before the deadline to withdraw from the contract;
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications
or serving to meet his individual needs;
4) in which the subject of the service is an item that deteriorates quickly or has a short shelf life
use;
5) in which the subject of the service is an item delivered in a sealed package, which after opening the package
cannot be returned for health protection or hygiene reasons if the packaging has been left
opened upon delivery;
6) in which the subject of the service are items which, due to their nature, remain inseparable after delivery
connected to other things;
7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon when concluding the contract
sale, which may only be delivered after 30 days and whose value depends on fluctuations in
market over which the entrepreneur has no control;
8) in which the consumer expressly requested the entrepreneur to come to him in order to make an urgent repair or
maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or
delivers items other than spare parts necessary for repair or maintenance, the right to withdraw from
the contract is entitled to the consumer in relation to additional services or items;
9) in which the subject of the service are sound or visual recordings or computer programs delivered
in a sealed package if the package was opened after delivery;
10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
11) concluded by public auction;
12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental,
catering, services related to recreation, entertainment, sports or cultural events,
if the contract specifies the day or period of service provision;
13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun
with the express consent of the consumer before the deadline for withdrawal from the contract expires and after informing him
by the entrepreneur about the loss of the right to withdraw from the contract.
 

§7 Privacy protection

  1. By placing an order, the Customer consents to the processing of his personal data solely for the purpose of fulfilling the order.
  2. Personal data are processed and protected by the Seller in accordance with generally applicable provisions of law, including the Act of August 29, 1997 on the protection of personal data (Journal of Laws 2014.1182 consolidated text).
  3. The Customer may also express separate consent to receive advertising and promotional materials from the Store, including a commercial bulletin.
  4. The customer has the right to access and correct his or her personal data, request the cessation of their processing and object to their processing,

§8 Intellectual property

It is prohibited to use any materials published on the Store's website (including photos and descriptions of goods) without the written consent of the Store.

§9 Additional provisions

  1. In addition to warranty rights and the right to withdraw from the contract, the manufacturer of products purchased in the store provides a warranty for the items it produces.  
  2. The detailed terms and conditions of the warranty granted by the product manufacturer, including its duration, are indicated in detail for each product in the warranty card.
  3. If the Store's position on the method of considering the complaint is not accepted, or if there are any other reservations regarding the implementation of the terms of the contract by the Store, the consumer has the right to contact the District Consumer Ombudsman or the Office of Competition and Consumer Protection.
  4. A customer who is a consumer, as well as a customer who is an entrepreneur, also has the right to pursue claims before the Civil Court on the basis and conditions specified in the Code of Judicial Procedure.   
  5. The law applicable to contracts concluded on the basis of these Regulations is Polish law.


§10 Entry into force and changes to the Regulations

  1. The Regulations enter into force after 14 days from the date of their publication on the Store's website. All customers who are subject to the new regulations will be notified about their changes via e-mail
  2. These Regulations may be changed.
  3. Changes to the Regulations will be published on the Store's website.
  4. Information about changes to the Regulations will be sent to the Customer to the e-mail address indicated in the order.
  5. Changes to the Regulations enter into force after 14 days from the date of their publication in the manner specified in section. 3.
  6. Each customer has the right to terminate the contract if they do not accept the regulations within the period specified in section. 5. The Store considers that the Customer has accepted the changes to the regulations if he has not terminated the contract by the end of the period specified in section. 5.