Date of publication: 05.11.2020
All capitalized terms used herein and not otherwise defined shall have the meanings set forth below:
- “Store” means an online store available at chylak.com;
- “Seller” means Dawid Szot doing business under the name REEDIANO REED CASES AND MORE, NIP 8691987609, REGON 367351755;
- “Product” and “Products” mean all products offered by the Seller for sale in the Store;
- “Customer” and “User” mean a person using the Store, a Store user;
- “Terms and Conditions” and “Terms” mean these Terms and Conditions, constituting a set of rules for using the Store and purchasing the Products;
- “Contract” means a contract of sale concluded by the Customer and the Seller via the Store. The rules resulting from the Terms and Conditions apply to contracts of sale.
§2 GENERAL INFORMATION
- To use the Store, each Customer must read these Terms and Conditions and accept them.
- By placing an order, the Customer agrees to use the Store in accordance with the provisions hereof, in the version in force on the date of placing the order.
- If the Customer does not accept these Terms and Conditions, it is impossible for him/her to use the Store and purchase any Products offered by the Seller.
- All Products offered for sale are new and unused.
§4 CONTRACT OF SALE
- The Customer concludes a Contract by placing an order on the Store’s website. The Contract is concluded between the Customer and the Seller. These Terms and Conditions constitute a model Contract.
- The sales process consists of the following: (i) adding Products to the bag; (ii) proceeding to checkout; (iii) confirming the content of the order as placed; (iv) payment; (v) verifying the order; (vi) confirming the order for implementation (conclusion of the Contract); (vii) delivery.
- To place an order and go through the order process:
- Choose Products from the available offer, their colors, sizes and quantity;
- On the Store’s website displaying a given Product, click “ADD TO BAG”;
- Click “PROCEED TO CHECKOUT”;
- Verify the list of ordered Products;
- Fill in contact details;
- Choose a delivery method and accept its cost;
- Choose a payment method;
- Confirm your order by clicking “PLACE ORDER”.
- Until the selection of Products is confirmed by clicking “PLACE ORDER”, the Customer can make changes regarding Products, contact details for the delivery of Products, delivery method, payment method, as well as the form of purchase confirmation, i.e. a receipt or invoice (a change in this respect later on is impossible, e.g. it will not be possible to issue an invoice instead of a receipt once a receipt has been issued, or issue a correction of an invoice not required under the financial law; also it will be impossible to change in the purchaser’s details on the invoice, in particular as a result of resale).
- By clicking “PLACE ORDER”, the order is placed as indicated by the Customer.
- The order together with information about costs of the Product and its delivery will be displayed on the Store’s website.
- Immediately after placing the order, the Customer shall make the payment, using the selected payment method. Once the order has been placed, the Customer has 10 minutes to pay for it. After this time the order is automatically canceled.
- Once the order has been paid, an e-mail is sent to the e-mail address provided in the order, with a summary of information about the order, i.e. the type of Products, the value of the order, the chosen method of delivery and its cost, the payment method and the Customer’s contact details.
- Once the payment has been received and credited to the Store, the Seller processes the Customer’s order to verify it. After successful verification, the Seller accepts the order for implementation. The Customer will receive an electronic confirmation of the acceptance of their order for implementation (the so-called “Confirmation of order acceptance”) to the indicated e-mail address. The order is processed up to 14 business days from the time the payment is credited to a respective account.
- Orders can be placed 24 hours a day, 7 days a week. Orders placed on non-business days will be processed on the first business day following the day on which the order is placed.
- An order may be placed and will be processed only if the Customer provides the data necessary for the delivery of the Product, and also accepts these Terms and Conditions.
- The Customer may cancel his/her order until the moment (s)he receives the Confirmation of order acceptance from the Store. To cancel the order, the Customer should immediately contact the Store via firstname.lastname@example.org and inform about cancellation.
- Confirmation of order acceptance is the Seller’s decision. The Seller reserves the right to refuse to accept an order placed by the Customer, in particular if:
- The Customer has placed on order on the terms referred to in para. 15 below;
- The Customer’s contact details are incomplete or incorrect;
- Payment is not authorized in the electronic payment system selected when placing the order; or
- Payment has not been made within the required time limit;
- The Product is not available.
- If the order is not accepted and its execution is refused, the Customer will not receive the confirmation referred to in para. 9 above. In addition, the Customer will receive an e-mail from the Store informing that the offer has not been accepted, a contract of sale has not been concluded and the order has been canceled.
- Since the demand for Products offered by the Seller is high, in order to control periods of Products’ limited availability, the Seller hereby reserves that the Customer may purchase no more than (i) 2 (two) pieces of the same Product in one order; or (ii) 3 (three) pieces of different or the same Products in a calendar quarter counted from the date of acceptance of the first order for processing. In such cases, the Seller reserves the right to refuse to process an order placed by the Customer or to withdraw from the already concluded contract of sale (by way of a declaration made by e-mail within 14 days of the receipt by the Customer of the confirmation and e-mail referred to in para. 9 above).
- The Store offers delivery by courier to the address provided by the Customer.
- The order starts to be executed after the funds, paid by the Customer as the price and shipping costs, are credited to the Seller’s bank account in the selected payment system (wire transfer, PayPal or Przelewy24), and the order is successfully verified by the Seller.
- The Customer is informed about the cost of delivery of the Products in the ordering process. The Customer covers the cost of the Product’s delivery to the provided correspondence address.
- Once order is shipped the Customer will receive an email with all tracking details.
- In exceptional cases, in particular when there might be a delay in delivery of the Product, the time of order execution is additionally confirmed by an employee of the Store by e-mail or telephone.
- Products are delivered by DHLcourier to the address indicated by the Customer in the order.
- The estimated delivery time of international orders is 5-7 business days from the day following posting. The delivery time for orders delivered by an external company (DHL) may be extended for reasons beyond the Seller’s control. The estimated delivery time of domestic orders is 1-2 business days from the day following posting.
- Upon receiving the delivery by courier, the Customer should, in the presence of the delivering courier, carefully check the contents of the shipment, the condition of outer packaging and condition of the ordered Product. If any damage is detected, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
§6 SALE, PRICE, PAYMENTS
- The price of a given Product on the Store’s website binds the parties from the moment the order is placed and the Customer receives confirmation from the Seller that the order has been accepted, irrespective of any subsequent changes in the Store.
- The Customer pays all costs associated with shipping the Product and customs.
- All product prices in the Store are gross. They are quoted in Euros (EUR), United States Dollars (USD) and Polish (PLN).
- The method of payment for Products is selected by the Customer when placing the order.
- The order’s processing begins after the Seller receives the payment for the Product and ends after the Customer receives the Product. Once the Product has been delivered, the risk associated with the Product (including loss or destruction) burdens the Customer.
§7 RIGHT OF WITHDRAWAL
AND WARRANTY FOR DEFECTS
STATUTORY RIGHT OF WITHDRAWAL
1. The Customer may withdraw from the Contract within 14 (fourteen) calendar days (counting from the day following the delivery of the order), subject to para. 2 below, without giving any reason, subject to para. 3-5 below.
2. The right of withdrawal from the Contract concluded by the Customer does not pertain to Contracts for a Product manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individual needs.
3. Products can be returned:
- By courier at the Customer’s expense to the following address: Wojakowa 62, 32-862 Porąbka Iwkowska.
- Returns from within the European Union:
The Customer will be refunded by the Seller the equivalent of the Product purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer (i.e. DHL courier) (the shipping cost originally incurred when the purchase and delivery of the Product from the Store to the Customer was made). For the avoidance of doubt, the Seller will not refund the cost of returning the Product to the Seller.
- Returns from outside the European Union:
The Customer will be refunded by the Seller the Product purchase price. The Seller does not refund the costs of the Product’s delivery to the Costumer and its return to the Seller, as well as the costs associated with customs clearance incurred both when shipping and returning the Product.
4. The Seller does not cover the cost of returning the Product by cash on delivery (COD) shipping. If COD shipping is selected as a method of returning the Product, the Seller has the right to charge the Customer with all costs that will be incurred.
5. The Customer can withdraw from the Contract by submitting to the Seller a return form in writing by mail.
6. The Customer sends the return form in hard copy to the following address: Wojakowa 62, 32-862 Porąbka Iwkowska.
7. To meet the 14-day time-limit specified in para. 1 above, the return form should be sent together with the returned Product before the expiry of this time-limit.
8. If the Customer withdraws from the Contract in the manner and within the time limit indicated above, the Contract is considered not executed.
9. Once the Contract is withdrawn from, the Customer must return the Product to the Seller with the labels sewn in, unused and clean, odorless, immediately, but no later than 14 days from the day on which (s)he withdrew from the Contract.
10. The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer’s return form and delivery of the returned Product to the Seller, refund the Product’s purchase price to the Customer using the same method of payment as used by the Customer (in the case of payment by credit card, the payment will be refunded to the same credit card). The Seller may withhold the funds in the indicated period until the returned Product is delivered to the Seller.
11. The above rules shall apply to Customers from and outside the European Union. Customers from outside of the European Union are required to complete a customs declaration and clearly indicate in it that the shipment relates to the return of goods. The customs clearance card and invoice should agree as to value and currency, and be attached to the package marked as return.
WARRANTY FOR DEFECTS
1. The Seller must provide Customers with Products with no defects. The Seller is liable to Customers who are consumers for non-compliance of the Product with the Contract (Product defects).
2. The Customer may file a complaint under the warranty for defects (Article 556 et seq. of the Act of April 23, 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)). As part of a complaint procedure, the Customer may request one of the following three actions:
- Repairing the Product by the Seller;
- Reducing the Product purchase price, or
- Withdrawal from the Contract if the Product’s defect is significant.
The Customer may choose any of the above, and please note that the Seller may propose a different solution from among those indicated above within the time-limits provided for by the law.
3. The Customer should fill out a complaint form (Warranty Claim Form) and attach a receipt or other proof of purchase. Attaching a receipt or invoice can facilitate and speed up the processing of the Customer’s complaint.
4. The Customer sends the Product subject to the complaint, together with the complaint form Warranty Claim Form to the following address: Wojakowa 62, 32-862 Porąbka Iwkowska.
5. The Seller may refuse to replace or repair the Product, if these actions cannot be performed by the Seller or cause excessive costs. In such a case, the Customer may change the claim.
6. Communication is carried out electronically.
7. When requesting a price reduction of the Product, the Customer shall specify the amount by which the price is to be reduced. If the Customer’s request to reduce the Product’s purchase price is the first choice made in the complaint procedure for a given Product, the Seller may offer replacement or repair.
8. The Customer may request withdrawal from the contract only if the defect of the Product is significant.
9. Wood is a material that reacts to external conditions and needs to be handled with care. Over time, some scratches, scuffs, abrasion, fading and the gloss layer may gradually rub off, yet these are normal process for this type of material. Similarly, metal fittings can change color over time. These are normal and unavoidable processes, as they result from normal tear and wear.
10. The Customer receives information on how his/her complaint is decided within 14 days from the day the Seller receives the Product.
11. If the complaint with the Product returned by courier is granted, the Seller will send to the Customer the Product in perfect condition (repaired or new), immediately, within 30 business days from the moment of granting the complaint, and if this proves impossible (e.g. Product is out of stock), the Customer shall be refunded by the Seller the equivalent of the Product’s purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer (i.e. UPS courier).
12. If the complaint is not granted, the Product shall be forwarded or sent back to the Customer together with the information on the lack of grounds for complaint.
PRODUCT DAMAGE DURING TRANSPORT
- If the Customer finds out that the Product has been damaged during transport, the Customer must draw up a damage report in the presence of the delivering courier.
- Complaints arising from a damage to the Product during transport are examined on the basis of a damage report drawn up by the Customer and the delivering courier.
- The Seller may refuse to accept the returned Product if it is damaged, if the return is made after the set time limit has expired, or the Product delivered to the Store is incomplete.
- The Seller does not accept COD shipments.
- The Seller accepts only Products sent back as courier shipments to the correct correspondence address.
- The provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) apply to all matters not covered in this §7.
§8 FINAL PROVISIONS
- Returns and complaints about Products should be sent by courier to the following address: Wojakowa 62, 32-862 Porąbka Iwkowska.
- E-mail correspondence should be sent to: email@example.com.
- In any matters not covered by these Terms and Conditions, the applicable provisions of Polish law shall apply, including the Act of April 23, 1964 – Civil Code, the Consumer Rights Act of May 30, 2014, the Competition and Consumer Protection Act of February 16, 2007.
- In the event any provision of these Terms and Conditions is considered invalid, the remaining provisions shall remain in force.
- The Customer and the Seller shall resolve all disputes by way of talks, the purpose of which will be to settle the disputed matter by agreement. If it is impossible to settle the matter amicably, a common court shall be competent and have jurisdiction to settle disputes between the Customer and the Seller.
- The Seller reserves the right to amend these Terms and Conditions at any time. Amendments to the Terms are effective from the moment they are published on the Store’s website. Amendments to the Terms do not apply to orders placed by the Customer and executed by the Seller. The provisions of the Terms in force at the time of placing the order shall apply to accepted orders. Amendments to the Terms do not affect the Customers’ acquired rights.
- The Store’s administrator takes measures to ensure that the Store’s website works properly, to the extent that it results from current technical know-how, and undertakes to remove immediately any irregularities reported by Customers. The Store is not responsible for business disruptions caused by Internet failures.
- All photos, graphics, logos, publications and texts available in the Store are protected by the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws 1994, No. 24, item 83). It is prohibited to unlawfully copy, multiply or distribute any content posted on the Store’s website.