SHOP RULES
§1.GENERAL PROVISIONS
§1.
GENERAL PROVISIONSDefinitions: 1.a) Seller, UNIKAT sp. z o.o., Lipnowska 21a, 87 – 500 Rypin
KRS: 0000109132, NIP: 8921342248, REGON: 910945070, share capital PLN 760,000.00,
1.b) Buyer – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a natural person conducting business activity, a legal person or an organizational unit without legal personality that uses services provided electronically by the Seller, 1.c) Store – online store at www.klugarden.pl
1.d) Proof of purchase – fiscal receipt, VAT invoice or other proof of purchase of the Goods,
1.e) Registration form – a form available in the Online Store that allows you to set up an Account,
1.f) Order form – a form available in the Online Store that allows you to place an Order,
1.g) Account – marked with an individual login and password provided by the Buyer, a set of resources in the Seller’s ICT system in which the Buyer’s data is collected, including information about placed Orders,
1.h) Newsletter – a service provided electronically by the Seller, consisting in enabling interested Buyers to automatically receive the most important information related to the Online Store to the e-mail address provided,
1.i) Regulations – these regulations of the Online Store referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219),
1.j) Goods – a movable item available in the Online Store, which is the subject of a sales contract between the Buyer and the Seller,
1.k) Sales contract – a contract for the sale of Goods within the meaning of the provisions of the Civil Code (Journal of Laws of 2017, item 459) concluded via the Online Store in Polish,
1.l) Appendix No. 1 – a document attached to the Regulations enabling the submission of a complaint referred to in §8,
1.m) Appendix No. 2 – a document attached to the Regulations enabling withdrawal from the contract referred to in §6.
1.n) Order – the Buyer’s declaration of will, constituting an offer to conclude a contract for the sale of the Goods with the Seller,
Services provided electronically by the Seller consist of:
a) enabling the Account in the Online Store
b) enabling the conclusion of the Sales Agreement by completing the Order Form.
The condition for the Buyer to use the services of the Online Store www.klugarden.pl provided electronically is an Internet connection with a speed of min. 256 kbps, having an active e-mail address, enabled Java Script and Cookies, and also using equipment that meets the standards of the Minimum Hardware Requirements, i.e. with Internet Explorer web browser version no older than 8.0 or Mozilla Firefox version not older than 3.0 or Chrome (all versions) or Opera not older than 2 and Java Script enabled.
The buyer is obliged not to provide content prohibited by law.
Announcements, Seller’s advertisements, price lists and other information about the Goods provided on the Online Store’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code of April 23, 1964 (Journal of Laws of 2017, item 459).
The provisions of these Regulations are not intended to exclude or limit the rights of the Buyer who is also a Consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459). In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
The Buyer’s personal data is processed by the Seller only for the proper provision of services. Detailed information on the protection of the Buyer’s personal data can be found in the Privacy Policy of the online store at klugarden.pl.
The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service.
§2.
ACCOUNT MAINTENANCE SERVICE TERMSThe Buyer gains access to the Account via a login and password, after completing the appropriate Account creation form.
The contract for maintaining an Account in the Online Store is concluded for an indefinite period and does not entail any financial obligations for the Buyer. The agreement may be terminated at any time by deleting the Account in the Online Store or sending information about the resignation by the Buyer to the Seller’s e-mail address: kontakt@klugarden.pl.
§3.
NEWSLETTER SERVICE TERMSThe Buyer may start the Newsletter service at any time by providing an e-mail address in the “Newsletter” tab on the Online Store website and clicking the “Send” field and confirming the willingness to subscribe to the Newsletter by clicking the confirmation link sent automatically to the e-mail address provided. The service can also be started by selecting the appropriate checkbox when creating an Account or placing an Order.
The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address kontakt@klugarden.pl.
§4.
TERMS OF PLACING AN ORDERThe condition for placing an Order in the Online Store by the Buyer is to read these Regulations and accept its provisions.
The Buyer is obliged to use the Online Store in a manner consistent with applicable law, principles of social coexistence and decency, taking into account respect for personal rights and intellectual property rights of third parties.
The online store sells in the territory of the Republic of Poland and outside the territory of the Republic of Poland.
Orders can be placed electronically 7 days a week, 24 hours a day.
The Buyer may choose one of the following methods of placing an Order:
a) placing an Order via an Account in the Online Store,
b) placing an Order by completing the Order Form,
c) placing an Order by e-mail,
d) placing an Order by phone at 603-103-281,
Orders placed on weekdays after 17.00, on Saturdays, Sundays and public holidays will be considered on the next working day.
Confirmation of submission and acceptance of the Order will be sent to the Buyer by the Seller in the form of an e-mail.
The sales contract is treated as concluded when the Buyer receives the e-mail referred to in point 6 of this paragraph.
The order processing time is given in the description of each product.
§5.
DELIVERYThe Seller undertakes to provide the Buyer with Goods free from defects.
The Buyer may choose the following methods of collecting the ordered Goods:
a) delivery of the Goods by courier companies,
b) personal collection after prior consultation with the Seller,
The choice of the delivery method is made by the Buyer when placing the Order.
Shipping costs are borne by the Buyer. They are charged in accordance with the current price lists and depend on the weight and size of the shipment. The Buyer is informed about the shipping costs when placing the Order.
Goods described “in stock” are sent immediately after the payment is credited to the Seller’s account or after confirmation of the order by the Seller in the case of cash on delivery.
The Buyer undertakes to collect the Goods sent.
The store is operated by employees of UNIKAT www.klugarden.pl from Monday to Friday from 9.00 to 17.00. We do not work on Saturdays, Sundays and holidays. Contact by phone and e-mail is possible only during the hours listed above. We reserve the right to respond within 24 working hours of receiving the inquiry.
It is not allowed:
a) using the Online Store to conduct activities that would violate the interests of the owner of the Online Store, in a manner contrary to the law, morality or infringing the personal rights of third parties,
b) delivering unlawful content to the Store,
c) using the Store in a way that interferes with its functioning or taking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers;
d) placing unsolicited commercial information in the Store, and
e) using the content posted on the Store’s website for purposes other than personal use.
Our photos are covered by copyright, i.e. they are works because they can be assigned an individual and creative character (see Article 1(1) of the Act). Please note that you do not need to meet any formalities for the photo to be covered by copyright protection (Article 1(4) of the Act). In practice, it is enough to record it with a camera/telephone. Any use of someone else’s work (photo) requires the consent of the author (or the copyright holder, if the creator has transferred copyright to someone)
WE PROHIBITED USING OUR COPYRIGHT PHOTOS POSTED ON THE WEBSITE www.klugarden.pl OR ON ANY OTHER WEBSITE OF WHICH WE ARE ADMINISTRATORS.
There are legal consequences for using our photos.§6.
PAYMENTSThe buyer can choose one of the following payment methods:
a) payment by ordinary or online transfer,
b) online payment using an electronic payment system.
c) installment purchases – more information
The Buyer is informed about the total amount of the Order, including shipping costs, each time before finalizing the Order.
The Buyer who is not a consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459), authorizes the Seller to issue a VAT invoice without the recipient’s signature in order to perform the Order.
The Buyer should make the payment within 7 days from the date of confirming the Order. If the Seller does not receive payment within this period, he will call the Buyer to make the payment by setting an additional date. In the event of an unsuccessful call, the Seller has the right to cancel the Order, informing the Buyer by e-mail or telephone.
§7.
WITHDRAWAL FROM THE AGREEMENTThe Buyer, who is a consumer within the meaning of 22(1) of the Civil Code (Journal of Laws of 2014, item 121), has the right to withdraw from a distance contract, without giving a reason, within 14 days from the date of receipt of the Goods.
The Buyer is not entitled to the above entitlement in the following cases:
a) provision of services, if the Seller has fully performed the service with the express consent of the Buyer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,
b) contracts for services for which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the contract,
c) contracts where the subject of the service is a non-prefabricated item, manufactured according to the Buyer’s specifications or serving to meet his individual needs,
d) contracts where the subject of the service is an item that deteriorates quickly or has a short shelf life,
For effective withdrawal from the contract referred to in point 1 of this paragraph, it is enough for the Buyer to submit a written statement by e-mail or post, within the statutory 14-day period from the moment of receiving the shipment. The template of the declaration is included in Appendix No. 2.
The Buyer, withdrawing from the contract, is obliged to return the Goods together with the Proof of Purchase or its copy within 14 days from the date of withdrawal.
The shipping costs of the returned Goods are borne by the Buyer.
The Buyer is responsible for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
The Seller guarantees the return of the price of the Goods to the Buyer immediately, no later than within 14 days.
The Seller refunds the payment using the same method of payment as used by the Buyer, unless the Buyer expressly agreed to a different method of return, which does not involve additional costs for him.
If the Buyer has chosen a delivery method other than the cheapest one offered by the Seller, the Seller is not obliged to reimburse the Buyer for the additional costs incurred by him.
Returns of Goods sent at the Seller’s expense or COD will not be accepted.
In the case of Buyers who are not consumers within the meaning of 22(1) of the Civil Code (Journal of Laws of 2017, item 459), i.e. persons performing legal transactions directly related to their business or professional activity, withdrawal from the contract in the above scope is completely disabled – we ask for prudent and thoughtful purchases.§8.
COMPLAINTComplaints should be addressed to:
UNIKAT Sp. z o.o., ul. Lipnowska 21a, 87 – 500 Rypin.
or by e-mail by sending an appropriate message to the following e-mail address:
kontakt@klugarden.pl
The complaint should include:
a) name and surname, address of residence or residence and e-mail address of the Buyer,
b) the date of conclusion of the Agreement constituting the basis for the complaint,
c) the subject of the complaint, indicating the Buyer’s request,
d) description of the defect in the Goods and the date of its occurrence.
e) Proof of purchase or a copy thereof.
In order to facilitate the complaint procedure, the Seller provides Appendix No. 1 on the Online Store website.
The Buyer is obliged to send back the Goods under complaint to the Seller’s address.
The seller is obliged to respond to the complaint within 14 days. In the absence of a response from the Seller within the time limit specified in the previous sentence, the complaint is considered justified.
Slight differences in appearance resulting from the individual settings of the Buyer’s computer – and in particular the monitor – may not be a sufficient basis for a complaint about the purchased Product.
The Seller’s liability under the warranty towards Buyers who are entrepreneurs within the meaning of Art. 43 (1) of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2017, item 459) – is completely excluded.
§8.
PERSONAL DATA PROTECTIONThe Seller is the Buyer’s Personal Data Administrator and the basis for the processing of personal data is the performance of the concluded contract (e.g. Account registration or placing an order without Account registration) or taking action at the Buyer’s request before concluding the contract. In addition
The buyer may consent to the seller processing his e-mail address for marketing purposes in accordance with the Act of 18 July 2002 on the provision of electronic services (i.e.: Journal of Laws of 2018, item 1219, as amended) and the provisions on the protection of personal data. Details regarding the processing of personal data can be found in the Privacy Policy
Copyright protection
All photos of the Goods and content posted on the website of the Online Store www.klugarden.pl are the property of the Seller or have been used by him with the consent of third parties who have copyrights to them.
It is forbidden to copy and download photos and other graphic materials and descriptions posted on the website of the Online Store www.klugarden.pl, as well as to make the above-mentioned content available on the Internet and to use them for marketing or commercial purposes without the written consent of the Seller or another third party having the right to them Copyright.
The use of the above-mentioned materials without the consent referred to in point 2 is against the law and may be the basis for instituting civil and criminal proceedings against those who commit such practices.
§9.
FINAL PROVISIONSThe Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that these breaks take place at night and last as short as possible.
The Seller reserves the right to change the Regulations. The changes come into force at the time clearly indicated by the Seller, but not earlier than 7 days after their announcement. Orders placed before the entry into force of the changes referred to in the previous sentence will be implemented on the terms in force at the time of their submission.
Any disputes between the Parties shall be settled amicably or in the presence of an independent and impartial mediator. The consumer may also use extrajudicial means of dealing with complaints and pursuing claims. In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may also submit his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
If it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined in accordance with the provisions generally applicable in the Republic of Poland.
In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) and other relevant.
The Regulations are valid from 01/09/2022.
