TERMS AND CONDITIONS OF THE KRASZEK.COM.PL ONLINE STORE FOR ENTREPRENEURS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
3. TERMS OF CONCLUDING SALES AGREEMENTS
4. METHODS AND TERMS OF PRODUCT PAYMENTS
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
6. PRODUCT COMPLAINTS
7. ADDITIONAL PROVISONS
8. FINAL PROVISIONS
The www.kraszek.com.pl Online Store cares for the rights of consumers. The consumer cannot waiver the rights granted based
on the Consumer Rights Act. Any agreement provisions less favorable to the consumer, than those in the Consumer Rights Act
are void and in their place corresponding provisions of the Consumer Rights Act shall be applied. For that reason, the provisions
of these Terms and Conditions are not meant to exclude or limit any rights of consumers granted based on the strictly binding
legal regulations, and all possible doubts should be interpreted to the benefit of the consumer. In the case of any possible
nonconformity between the provisions of these Terms and Conditions with the above regulations, the above regulations take
priority and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the address www.kraszek.com.pl is operated by EWA KRASZEK who operates a business
enterprise under the business name GAMA EWA KRASZEK entered into the Central Registry and Information on
Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with an address of business
operation and service address at: Świerkowa Street no. 12, 05-800 Pruszków, Tax ID: 1132063452, REGON:
141491253, electronic mail address: biuro@kraszek.pl.
1.2. These Terms and Conditions are only aimed at entrepreneurs who use the Online Store (The Terms and Conditions and
the Online Store are not aimed at consumers).
1.3. The Service Provider is the Administrator of personal data processed in connection with the performing the provisions of
these Terms and Conditions. Personal data is processed for the purposes, in the scope and on the basis of rules
indicated in the privacy policy published on the Online Store’s website. The submission of personal data is voluntary.
Each person whose personal data is processed by the Service Provider is entitled to view, update and amend their
personal data.
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – an electronic form available at the Online Store which enables the establishment of an
Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store which enables placement of an
Order, especially through the addition of a Product to the electronic shopping cart and specification of Sales Agreement
terms, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable
regulations also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational entity without a
legal personality, on which the law bestows legal capacity – which has entered or intends to enter into a Sales
Agreement with the Seller.
1.4.5. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).
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1.4.6. PRODUCT – a movable item or chattel available at the Online Store, being the subject of a Sales Agreement between
the Customer and the Seller.
1.4.7. GRAPHIC FILES – a Product project prepared by a Customer, together with Customer’s facultative technical
comments. The project can be sent by a Customer when placing an Order (option "Add file").
1.4.8. TERMS AND CONDITIONS – the following Online Store terms and conditions.
1.4.9. ONLINE STORE – the Service Provider’s store available at the Internet address: www.kraszek.com.pl
1.4.10. SELLER; SERVICE PROVIDER – EWA KRASZEK who operates a business enterprise under the business name
GAMA EWA KRASZEK entered into the Central Registry and Information on Business of the Republic of Poland (PLCEIDG) kept by the competent minister of economy, with an address of business operation and service address at:
Świerkowa Street no. 12, 05-800 Pruszków, Tax ID: 7822265225, REGON: 634582037, electronic mail address:
biuro@kraszek.pl.
1.4.11. SALES AGREEMENT – a Product sales agreement concluded or pending conclusion between the Customer and the
Seller via the Online Service website.
1.4.12. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User
via the Online Store’s website.
SERVICE USER – (1) a natural person with full legal capacity, for whom the use of the Website, including a conclusion
of Sales Agreements, is directly connected with the pursuit of its business or professional activity (i.e. not being in this
case a consumer); (2) a legal entity; or (3) an organizational entity without a legal personality, onto which the law
bestows legal capacity – who uses or intends to use the Electronic Service.
1.4.13. ORDER – a Customer’s declaration of will submitted using the Order Form with the direct purpose of concluding a
Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE
2.1. The Online Store provides access to the following Electronic Services: Account, Order Form and Newsletter.
2.1.1. Account – use of the Account is possible after performing a total of three subsequent steps by the Service User – (1)
filling out the Registration Form, (2) clicking the „Create an new account” field and (3) confirming creation of the
Account by clicking the confirmation link automatically sent to the e-mail address provided by the User. The
Registration Form requires the Service User to provide the following data: name and surname/company name, address
(street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and password,
TAX id number, type of business activity.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite time. The Service User has the option, at
any time and without stating a reason, to delete their Account (resignation from Account) by sending a corresponding
request to the Service Provider, in particular via e-mail at the address: biuro@kraszek.pl or in writing at the address:
Świerkowa Street no. 12, 05-800 Pruszków.
2.1.2. Order Form – use of the Order Form begins upon addition by the Customer of the first Product to the electronic
shopping cart in the Online Store. Placement of an Order is effected after the Customer performs a total of two
subsequent steps – (1) fills out the Order Form and (2) clicks the “Confirm purchase with obligation to pay” button
on the Online Store’s Website after filling out the Order form – from that point on there is a possibility of individual
modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the
Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and
surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact
telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method
of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the
company name and Tax ID number.
2.1.2.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement
of an Order via the Form or upon earlier discontinuation of placing the Order by the Service User.
2.1.3. Newsletter – forwarding Newsletter occurs only after signing in to the “Newsletter” bookmark that can be opened on the
online store website and approving the regulations after clicking “Continue”. It is possible to sign in to the newsletter
whilst creating an account by clicking the right checkbox – the email address is kept to Newsletter the moment account
is created.
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2.1.3.1. The Newsletter Online Service is provided free of charge for an indefinite time. The Service User as the option, at any
time and without stating the cause, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a
corresponding request to the Service Provider, particularly via e-mail at the address: biuro@kraszek.pl or in writing at
the address: Świerkowa Street no. 12, 05-800 Pruszków.
2.2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other
multimedia device with Internet access; (2) e-mail access; (3) Internet browser: Mozilla Firefox version 17.0 or higher or
Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari
version 5.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabled option to save Cookie files
and Javascript support in the Internet browser.
2.3. The Service User is required to use the Online Store in accordance with the law and good customs, and in respect of the
personal rights, copyrights an intellectual property rights of the Service Provider and third parties. The Service User is
obliged to enter data which is true and accurate. The Service User is also prohibited from entering content which is illegal
in nature.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints associated with
the operation of the Online Service (excluding the Product complaint procedure, which is described in pts. 6 of the
Terms and Conditions) can be submitted by the Service User:
2.4.2. in writing at the address: Świerkowa Street no. 12, 05-800 Pruszków;
2.4.3. electronically via e-mail at the following address: biuro@kraszek.pl;
2.4.4. In the complaint description it is recommended for the Service User to provide: (1) information and circumstances
regarding the subject of complaint, especially the type and occurrence date of the irregularity; (2) the Service User’s
claim/request; and (3) contact data of the claimant – this will facilitate and expedite investigation of the complaint by the
Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and
do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
2.4.5. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of
submission.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the prior placement of an Order
by the Customer via the Order Form available in the Online Store, according to pt. 2.1.2 of the Terms and Conditions.
3.2. The Product price visible on the Online Service’s website is given in Polish zlotys and includes VAT tax. The Customer is
informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for
transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees
cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the
Customer’s expression of will to enter into the Sale’s Agreement.
3.3. Procedure of Sales Agreement Conclusion at the Online Store using the Order Form
3.3.1. Conclusion of a Sales Agreement between the Customer and Seller takes place after prior placement by the Customer
of an Order in the Online Store as per pt. 2.1.2 of the Terms and Conditions.
3.4. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though
(1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the
message mentioned in pt. 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally
recorded and secured within the Seller’s Online Store ICT system.
4. METHODS AND TERMS OF PRODUCT PAYMENT
4.1. The Seller makes the following methods of payment related to the Sales Agreement available to the Customer:
4.1.1. Cash on delivery payment method.
4.1.2. Cash payment upon personal collection.
4.1.3. Payment via transfer to the Seller’s bank account.
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4.2. Payment term:
4.2.1. If the Customer selects payment via bank transfer, the Customer is obliged to issue the payment within 7 Working Days
from the Sales Agreement conclusion date.
4.2.2. If the Customer selects the cash on delivery payment method or, the Customer is obliged to issue the payment during
receipt of the parcel.
5. COSTS, METHODS AND TERMS OF PRODUCT DELIVERIES
5.1. Delivery of the product can be also made outside Republic of Poland.
5.2. The cost of transportation (including transport charges, delivery as well as post services) are given to the customer on
the online store’s website in the bookmark focused on the Specific Delivery Agreement as well as whilst placing the order
and approving by customer Sales Agreement..
5.3. Personal collection of a Product by the Customer is free of charge.
5.4. The Seller offers Customers the following Product delivery methods:
5.2.1. Postal service.
5.2.2. Courier service, cash on delivery courier service.
5.2.3. Parcel service.
5.2.4 Personal collection available at: Świerkowa Street no. 12, 05-800 Pruszków – in Business Days, between 8 a.m. and 4
p.m.
5.5. The time of delivery of the Product to the Customer is up to 10 Business Days, unless in the description of a given
Product or during placing an Order a shorter term was indicated. In the case of Products with different delivery times, the
delivery deadline shall be the longest time given which may not exceed 10 Business Days. Starting point for delivery of
the Product to the Customer shall be calculated in the following manner:
5.5.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the
Seller’s bank account or current account.
5.5.2. If the Customer selects the cash on delivery payment method – from the Sales Agreement conclusion date.
5.6. The term of readiness of a Product to be collected by the Customer - if the Customer chooses personal collection of
a Product, the Product will be ready for collection for up to 3 Business Days, unless otherwise provided in the description
of a given Product or if, during the Order placement, a shorter term is specified. In the case of Products with different
terms of readiness for collection, the term of readiness for collection is the longest term provided which, however, cannot
exceed 3 Business Days. The Seller shall additionally notify the Customer of the readiness for pick-up of the
Product. The date on which the term of readiness for collection of the Product by the Customer starts to run shall be
determined in the following manner.
5.6.1. If the Customer selects payment via bank transfer, electronic or pay card payment – from the crediting date of the
Seller’s bank account or current account .
5.6.2. If the Customer selects the cash on delivery payment method – from the Sales Agreement conclusion date.
6. PRODUCT COMPLAINT
6.1. In accordance with the art. 558 § 1 of the Civil Code Seller's liability under implied warranty for a Product to a Customer
shall be excluded.
7. ADDITIONAL PROVISIONS
7.1. The Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or
in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Agreement.
7.2. The Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating
the cause by way of sending a corresponding statement to the Service Us.
7.3. Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the goods and risk of any
loss or damage to the Products as a result of accidents are transferred to the Customer who is not a consumer. In such a
case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the
Product’s release for transport and delivery to the Customer, nor for any delays in transport.
7.4. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision
agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the
Service User.
7.5. In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision
agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the
Service User.
7.6. Any dispute arising between the Seller/Service Provider and a Customer shall be subjected to a court having jurisdiction
over the Seller/Service Provider’s address of business operation.
8. FINAL PROVISIONS
8.1. Agreements concluded through the Online Store are drawn up in Polish.
8.2. Amendment of Terms and Conditions:
8.2.1. The Service Provider reserves the right to amend the Terms and Conditions.
8.2.2. W przypadku zawarcia na podstawie niniejszego Regulaminu umów o innym charakterze niż umowy ciągłe (np.
Umowa Sprzedaży) zmiany Regulaminu nie będą w żaden sposób naruszać praw nabytych Usługobiorców/Klientów
przed dniem wejścia w życie zmian Regulaminu, w szczególności zmiany Regulaminu nie będą miały wpływu na już
składane lub złożone Zamówienia oraz zawarte, realizowane lub wykonane Umowy Sprzedaży.
8.3. W sprawach nieuregulowanych w niniejszym Regulaminie mają zastosowanie powszechnie obowiązujące przepisy
prawa polskiego, w szczególności: Kodeksu cywilnego; ustawy o świadczeniu usług drogą elektroniczną z dnia 18 lipca
2002 r. (Dz.U. 2002 nr 144, poz. 1204 ze zm.) oraz inne właściwe przepisy powszechnie obowiązującego prawa.