1. Preliminary provisions
1. Online store Kraftaffair.com , available at the website link , is run by MOX DESIGN Monika Borkowska with its registered office in the Poznań (address: ul. Bastionowa 19/4, 61-663 Poznań POLAND) entered into the Central Register and Information on Business; NIP: 8311414216 , REGON: 386397283 .
2. Definitions
1. Consumer – a consumer within the meaning of Art. 221 of the Civil Code, as well as a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
2. Seller – a natural person running a business entered into the Central Registration and Information on Business be company entered into the National Court Register
3. Customer – any entity making purchases via the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity under a separate act, conducting business activities on its own behalf, and using the Store.
5. Store – online store run by the Seller at the Internet address https://kraftaffair.com/shop/
6. Distance contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract, e.g. sale of Goods, contract for the provision of digital services (if applicable), contract for the supply of digital content (if applicable),
7. Goods – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller,
8. Digital content – data produced and delivered in digital form, not delivered on a tangible medium,
9. Digital service – a service that allows the consumer to:
1) produce, process, store or access data in digital form, 2) joint use of data in digital form that has been sent or created by the consumer or other users of this service, 3) other forms interacting using digital data;
10. Regulations – these regulations of the Store.
11. Order – the Customer’s declaration of will submitted using the Order Form and aimed directly at concluding a Sales Agreement for the Product or Products with the Seller.
12. Account – the customer’s account in the Store, which collects data provided by the Customer and information about Orders placed by him in the Store.
13. Registration form – a form available in the Store, enabling the creation of an Account.
14. Order form – an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
15. Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
16. Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – depending on the features of the Product – a contract for the provision of services and a contract for specific work.
3. Contact with the Store
1. Seller’s address: ul. Bastionowa 19/4, 61-663 Poznań POLAND
2. Seller’s e-mail address: info@kraftaffair.com
3. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
4. The Customer can communicate with the Seller by phone during business hours
4. Technical requirements
To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
1. end device with access to the Internet and a web browser such as:
Chrome
Firefox
Microsoft Edge
Safari
Opera
2. active e-mail account,
3. cookie support enabled.
5. General information
1. To the fullest extent permitted by law, the Seller is not liable for any disruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. The Customer may place orders for Products included in the Store’s assortment either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
3. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
6. Creating an Account in the Store
1. To create an Account in the Store, please complete the Registration Form. It is necessary to provide the following data: E-mail and password.
2. Creating an Account in the Store is free.
3. Logging in to the Account is done by entering the login and password established in the registration form.
4. The Customer may delete the Account at any time, without giving a reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
7. Rules for placing an Order
To place an Order you must:
1. enter the Store;
2. select the Product that is the subject of the Order and then click the “Add to cart” button;
3. log in or use the option to place an Order without registration;
4. if the option of placing an Order without registration has been chosen – complete the order form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if different from the details of the recipient of the Order,
5. click the “Order and pay” button,
6. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 9 point 3,
7. if the subject of the contract is the supply of Digital Content or Digital Services that are not recorded on a tangible medium or services provided electronically or remotely – the Consumer expresses the following consent in the additional checkbox required to place an order and located on the Electronic order form: “I consent for the delivery of digital content that is not recorded on a tangible medium or for the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract. The Seller will confirm receipt of the above. consent by e-mail.
8. Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
1) Courier delivery, cash on delivery courier delivery.
2. The Customer may use the following payment methods:
1) Payment on delivery; 2) Payment by transfer to the Seller’s account; 3) Przelewy24 electronic payments;
3. Shipping time – up to 48 hours on business days.
4. Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.
9. Performance of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the order form in the Online Store in accordance with § 7 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declarations about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses:
1) payment by transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment immediately when placing the order – otherwise the order will be canceled. 2) payment in cash upon personal collection of the parcel, the Customer is obliged to make payment on delivery.3) if the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to section 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
4. If you order Products with different delivery dates, the delivery date is the longest given date.
5. The beginning of the delivery period of the Product to the Customer is counted as follows:
1) If the Customer chooses the payment method by transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
2) If the Customer chooses the cash on delivery method – from the date of conclusion of the Sales Agreement,
6. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
7. Delivery of the Product takes place only within Poland.
8. The store reserves the right to withdraw from the transaction for reasons beyond its control.
9. The transaction is confirmed by a confirmation email.
10. Right to withdraw from the contract
1. The consumer may withdraw from the Sales Agreement without giving any reason within 14 days.
2. The period specified in section 1 begins with the delivery of the Product to the Consumer or a person other than the carrier indicated by him.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the deadline specified in section 1 runs from the delivery of the last item, batch or part.
4. In the case of an Agreement that involves the regular delivery of Products for a fixed period of time (subscription), the deadline specified in section 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the deadline.
6. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller’s e-mail address or by submitting the declaration on the Seller’s website – the Seller’s contact details are specified in § 3. The declaration may also be submitted on the form, the template of which is attached as Annex No. 1 to these Regulations and the annex to the Act of May 30, 2014 on consumer rights, but this is not obligatory.
7. The right to withdraw from a contract concluded off-premises or at a distance does not apply to the consumer in relation to contracts:
1) 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 express and prior 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 and has acknowledged this; 2) 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 deadline to withdraw from the contract;3) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer’s specifications or serving to meet his individual needs;
4) in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
5) in which the subject of the service is goods delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; 6) in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;7) 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;8) for the delivery of newspapers, periodicals or magazines, with except for a subscription contract;9) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the entrepreneur commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the provision of the service by the entrepreneur he or she would lose the right to withdraw from the contract and acknowledged it, and the entrepreneur provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Act of May 30, 2014 on consumer rights;10) In the event of withdrawal from the contract for the supply of Digital Content or Digital Service, the Seller may prevent the Consumer from further use of the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.11) In the event of withdrawal from the Agreement for the supply of Digital Content or Digital Service, the Consumer is obliged to stop using this Digital Content or Digital Service and making it available to third parties.
11. Complaints and warranty
1. 1. A complaint regarding a defect in the Goods or non-compliance of the Goods with the concluded Distance Sales Agreement may be submitted:
1) via the Electronic Complaint Form2) in writing to the address of the Seller’s registered office or by e-mail to the following address.
2. The notification should specify the defect that the Consumer believes the Goods have, the demands towards the Seller and, if possible, document the defect. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If he did not respond to the above-mentioned within this time limit, it is deemed that the complaint has been accepted. The Seller provides the response to the complaint to the Consumer in writing or on a Durable Medium.
3. Detailed provisions regarding complaints about Goods – movable items (including movable items with digital elements), excluding, however, movable items that serve only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 are specified provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Goods with the Sales Agreement.
4. Detailed provisions regarding complaints – digital content or service or movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 or before that date, if the delivery of such Goods was to take place or occurred after this date are determined by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43h – 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
12. Extrajudicial methods of dealing with complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Provincial Inspectorates of Inspections. Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection:
– Consumer disputes
– Individual disputes
– Important addresses
2. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims:
1) The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended ) , with a request to resolve a dispute arising from the Agreement concluded with the Seller.
2) The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended ) , with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
3) The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
13. Personal data in the Online Store
1. The administrator of Customers’ personal data collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents – also for marketing purposes.
3. The recipients of personal data of Online Store Customers may be:
1) In the case of a Customer who uses the Online Store’s delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out shipments at the request of the Administrator. 2) In the case of the Customer who uses electronic or payment card payment in the Online Store. The Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
4. The customer has the right to access and correct their data.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
14. Final provisions
1. Contracts concluded via the Online Store are concluded in Polish.
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
4. The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.