TERMS AND CONDITIONS OF ONLINE SHOP
WWW.WORKGLOVES.WORLD
§ 1
GENERAL PROVISIONS
1. Shop www.workgloves.world operates on the principles set out in these Regulations.
2. Regulations define the conditions for the conclusion and termination of contracts for the sale of products and the procedure for handling complaints, as well as types and range of services provided electronically by the Store www.workgloves.world, the rules for the provision of these services, the conditions for conclusion and termination of agreements for the provision of electronic services.
3. Every Service Recipient from the moment of taking action to use Store electronic services www.workgloves.world is obliged to comply with the provisions of these Regulations.
4. In matters not covered by these Regulations shall apply the provisions:
4.1. the Act on electronic services of 18 July 2002,
4.2. the Act on Consumer Rights of 30 May 2014,
4.3. the Act on out-of-court resolution of consumer disputes of 23 September 2016,
4.4. the Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
1. CONTACT FORM – a form available on the website www.workgloves.world allowing you to send a message to the Service Provider.
2. REGISTRATION FORM – a form available on the website www.workgloves.world, which allows the creation of an Account.
3. ORDER FORM – the form available on the website www.workgloves.world enabling the placement of an Order.
4. CLIENT – Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
5. CONSUMER – a natural person who makes a legal transaction with the trader which is not directly related to his/her economic or professional activity.
6. ACCOUNT – marked with an individual name (login) and password, a set of resources in the Service Provider’s ICT system, where the Customer’s data is collected, including information about placed Orders.
PRODUCT – a movable item available in the Shop or a service, which is the subject of a Sales Agreement between the Customer and the Seller. 8.
8. RULES – these terms and conditions of the Store.
9. STORE – the Service Provider’s online shop operating at www.workgloves.world.
10. SELLER, SERVICE PROVIDER – Katarzyna Szklanko-Pawlic conducting business activity under the name 3KAMIDO KATARZYNA SZKLANKO-PAWLIC registered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the minister competent for economy, place of business and address for service: ul. Kaliska 54, 62-700 Turek, NIP: 5681066817, REGON: 130344380, electronic mail address (e-mail): biuro@3kamido.eu, phone number: +48 506 227 020.
11. OPINION SYSTEM – Electronic Service made available to Customers by the Service Provider, enabling them to place opinions on Products.
12. SALE AGREEMENT – the contract of sale of the Product concluded between the Customer and the Seller through the Store.
13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Store.
14. CONSUMER – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by the act, using an Electronic Service.
15. ORDER – Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
§ 3
INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
1. Shop www.workgloves.world sells Products via the Internet.
2. Products offered in the shop are new, free from physical and legal defects and have been legally introduced into the Polish market.
3. The information contained on the Store’s website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a particular Product under the conditions specified in its description.
4. The Product price shown on the Store website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The Product price shown on the Store website is binding at the time of placing an Order by the Customer. This price will not change regardless of changes in prices in the Store, which may occur in relation to individual Products after the Customer places an Order.
6. Orders can be placed through the website using the Order Form (Shop www.workgloves.world) – 24 hours a day throughout the year.
7. In order to place an Order, the Customer is not required to register an Account in the Store.
8. The condition of placing an order in the shop by the Customer is to read the Rules and accept its provisions when placing an order.
9. Shop realizes Orders placed from Monday to Friday during the working hours of the shop, ie from 8 to 16 on weekdays. Orders placed on weekdays after 12pm, Saturdays, Sundays and holidays will be processed the next working day.
10. Products on promotion (sale) have a limited number of pieces and orders will be processed in the order they are received until the stocks of a given Product run out.
§ 4
CONCLUSION OF THE CONTRACT OF SALE
1. In order to conclude a Sales Agreement, it is necessary to place an Order by the Customer in the manner made available by the Seller, in accordance with § 3 point 6 and 8 of the Terms and Conditions. 2.
2. After placing an Order the Seller immediately confirms its receipt.
3. Confirmation of receipt of the Order, referred to in point 2 of this paragraph binds the Customer’s Order. Confirmation of receipt of the Order takes place by sending an e-mail. 4.
4. confirmation of receipt of the Order includes:
4.1. confirmation of all material elements of the Order,
4.2. a withdrawal form,
4.3. these Terms and Conditions including instructions on the right of withdrawal.
5. Upon receipt by the Customer of the email referred to in paragraph 3 of this article, a Sales Agreement between the Customer and the Seller is concluded.
6. Every Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by email to the Customer’s email address as provided in the Order Form.
§ 5
METHODS OF PAYMENT
The Seller makes available the following methods of payment:
1.1. payment by traditional bank transfer to the Seller’s bank account,
1.2. payment via electronic payment system (Przelewy24.pl, Stripe, PayPal). 2.
2. In the case of payment by traditional bank transfer, the payment should be made to:
Account for payments in EURO:
Sparkasse
Bank account number 232056331
IBAN DE42 8505 0100 0232 0563 31
BIC WELADED1GRL
In the transfer title, please write “Order No. …”.
3. In the case of payment via electronic payment system, the Customer makes payment before the start of the Order. The electronic payment system allows you to pay by credit card or fast transfer from selected Polish or foreign banks.
4. The Customer is obliged to pay the price of the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5.The product will be shipped only after it has been paid for.
§ 6
COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT
1. The Product delivery costs, which are covered by the Customer, are determined during the process of submitting the Order and are dependent on the choice of payment method and the method of delivery of the purchased Product.
2. The Product delivery time consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
2.1 The time for completion of the Products is 1 working day from the moment:
a) crediting the money paid for the Sales Agreement to the Seller’s account or
b) positive authorization of the transaction by the electronic payment system.
2.2 The delivery of Products being movable items by the carrier takes place within the time declared by him, i.e. from 2 to 5 working days from the moment of sending the parcel (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).
3. Products purchased in the Store are sent throughout Poland and the world via the Polish Post or a courier company.
§ 7
PRODUCT COMPLAINT
1. Warranty claims.
1.1. All Products offered in the Store have a guarantee valid in the territory of the Republic of Poland,
1.2. The warranty period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer,
1.3. The document entitling to warranty protection is the warranty card or proof of purchase,
1.4. The warranty does not exclude the rights of the Consumer and entities referred to in § 10 of the Terms and Conditions, arising from warranty for physical and legal defects of the Product, as defined in the Civil Code.
2. Warranty Claims.
2.1 The basis and scope of the Seller’s liability towards the Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions, under warranty covering physical and legal defects, are defined in the Civil Code Act of 23 April 1964,
2.2. Notification of defects relating to the Product and the submission of an appropriate request can be made by e-mail to the address: biuro@3kamido.eu or in writing to the address: 3Kamido, ul. Kaliska 54, 62-700 Turek, Poland.
2.3. in the above written or electronic message, please provide as much information and circumstances relating to the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the processing of the complaint by the Seller,
2.4. for the assessment of physical defects of the Product, it should be delivered to the address: 3Kamido, ul. Kaliska 54, 62-700 Turek, Poland,
2.5. the Seller shall respond to the Customer’s request immediately, no later than within 14 days from the date of complaint,
2.6. in the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions – failure to consider the complaint within 14 days of its submission is tantamount to accepting it. In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one,
2.7 The answer to the complaint is given on paper or on another permanent carrier e.g. by e-mail or SMS.
§ 8
RIGHT OF WITHDRAWAL
1. Subject to paragraph 10 of this section, the Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has contracted at a distance, may withdraw from it without giving reasons, making a statement to that effect within 14 days. To keep this date it is sufficient to send a statement of withdrawal provided by the Store.
2. In the case of withdrawal from the contract, the Sales Agreement is considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are required to return the Product to the Seller or transfer it to a person authorized by the Seller to pick it up immediately, but no later than 14 days from the date of withdrawal, unless the Seller proposed that the Product will pick up. In order to comply with the deadline it is sufficient to send back the Product before its expiry. 3.
3. In the case of withdrawal from the Sales Agreement, please return the Product to the address: 3Kamido, ul. Kaliska 54, 62-700 Turek, Poland,
4. The consumer or the entity referred to in § 10 of the Regulations, shall be liable for any reduction in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions, should only handle and inspect the Products in the same manner as they would do in a stationary shop.
5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of delivery using the same method of payment as the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations, has expressly agreed to a different method of reimbursement, which does not involve any costs for them. Subject to point 7 of this paragraph, the return shall take place immediately, and at the latest within 14 days from receipt by the Seller of the notice of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions, chose a method of delivery of the Product other than the cheapest ordinary delivery method offered by the Shop, the Seller is not obliged to reimburse them, the additional costs incurred by them.
7. If the Seller has not offered to take the Product from the Consumer or the entity referred to in
§10 of the Terms and Conditions, may withhold the reimbursement of payments received from the Consumer until receipt of the item back or provide by the Consumer or the entity referred to in §10 of the Terms and Conditions, proof of its return, depending on which event occurs first.
8. The Consumer or the entity referred to in § 10 of the Terms and Conditions, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the costs of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Terms and Conditions, may withdraw from the contract shall be counted from the date on which the Consumer or the entity referred to in § 10 of the Terms and Conditions, took possession of the Product, and in the case of services from the date of conclusion of the contract.
10. The right of withdrawal from the agreement concluded at a distance does not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions, in the case of a Sales Agreement:
10.1 in which the subject matter of the supply is a non-refabricated item manufactured to the consumer’s specification or serving to satisfy his/her individualised needs,
10.2 in which the subject matter of the performance is an item supplied in a sealed packaging which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery,
10.3 in which the subject matter of the performance are things which after delivery, due to their nature, are inseparably connected with other things,
10.4 in which the subject matter of the supply is a service, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision of services, that after the fulfillment of performance by the Seller will lose the right to withdraw from the contract,
10.5 in which the subject matter of the supply is a perishable item or one having a short shelf life.
11. The Seller and the Customer shall have the right to withdraw from the Sales Agreement, if the other party to the agreement fails to perform its obligations within a strictly determined period of time.
§ 9
PROVISIONS CONCERNING ENTREPRENEURS (B2B)
1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection under the Act on Consumer Rights, referred to in § 10 of the Terms and Conditions.
2.The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. In this case, withdrawal from the Sales Agreement can be made without giving any reason and does not give rise to any claims against the Seller by the Customer who is not a Consumer. 3.
3. Seller has the right to limit the available methods of payment to non-consumer customers, including the requirement to make prepayment of part or all of the sales price, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
4. Benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a Consumer at the time of issuing the Product by the Seller to the carrier. In this case, the Seller is not responsible for the loss, loss or damage to the Product arising from the moment of acceptance of the Product for shipping until its release to the Customer, as well as for the delay in shipping.
5. If the Product is sent to the Customer by a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that during transport there was a loss or damage to the Product, he is obliged to take all necessary steps to determine the liability of the carrier.
6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending a termination notice to the Customer who is not a Consumer.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS ON THE RIGHTS OF CONSUMERS
1. Entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Sales Agreement, which is concluded with the Seller is not of a professional nature.
2. A person conducting business activities referred to in point 1 of this paragraph shall be protected only with respect to:
2.1. prohibited contractual provisions – the so-called abusive clauses,
2.2. liability under warranty for physical and legal defects of the Product, pursuant to § 7 of the Terms and Conditions,
2.3. right of withdrawal from a remote agreement according to § 8 of the Terms and Conditions. 3.
3. Entrepreneur referred to in paragraph 1 of this section shall lose his rights of consumer protection in the event that the Sales Agreement, which he has concluded with the Seller has a professional nature, which is verified on the basis of entry of this entrepreneur in the Central Business Register and Information on Business Activities of the Republic of Poland, in particular the Polish Classification of Business Activities indicated there.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for consumers by district consumer ombudsmen and the President of UOKiK.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. Service Provider allows via the Store to use Electronic Services such as:
1.1. conclusion of Contracts for Sale of a Product,
1.2 Account in the Shop,
1.3 Opinion System,
1.4. sending messages using the Contact Form.
2. Provision of Electronic Services to Customers in the Store takes place under the terms of the Regulations.
3. Service Provider has the right to place advertising content on the website. These contents constitute an integral part of the Store and the materials presented therein.
§ 12
CONDITIONS OF PROVISION AND CONCLUSION OF AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES
1. Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.
2. the period for which the agreement is concluded:
2.1. the contract for the provision of Electronic Services consisting in enabling the Customer to place an Order in the Shop is concluded for a definite period of time and is terminated when the Order is placed or when the Customer ceases to place it,
2.2. agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time. The contract is concluded when the Customer sends the completed Registration Form,
2.3 The agreement for the provision of Electronic Services consisting of the use of the Rating System shall be concluded for an indefinite period of time and shall terminate upon the posting of an opinion or cessation of use of that Service by the Customer,
2.4 The agreement for the provision of an Electronic Service consisting of enabling the sending of a message to the Service Provider by means of a Contact Form shall be concluded for a fixed term and shall terminate upon the sending of the message or cessation of its sending by the Service Recipient.
3. Technical requirements necessary for the operation of the tele-information system used by the Service Provider:
3.1. computer (or mobile device) with access to the Internet,
3.2. access to electronic mail
3.3. internet browser,
3.4. enabling Cookies and Javascript in the browser. 4.
4. The Customer is obliged to use the Store in a manner consistent with the law and morality while respecting the personal rights and intellectual property rights of third parties.
5. Customer is obliged to enter data consistent with the facts.
6. Customer is prohibited to provide content of an unlawful nature.
§ 13
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints relating to the provision of electronic services through the Store Customer may submit via e-mail to the address: biuro@3kamido.eu.
2. In the above e-mail, please provide as much information and circumstances relating to the subject of the complaint, in particular the type and date of irregularity and contact details. Provided information will significantly facilitate and expedite consideration of the complaint by the Service Provider. 3.
3. Investigation of the complaint by the Service Provider takes place immediately, no later than within 14 days from the date of notification.
4. The Service Provider’s response to the complaint is sent to the Client’s e-mail address specified in the complaint or in any other way specified by the Client.
§ 14
TERMS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES.
1. Termination of an agreement for the provision of Electronic Services:
1.1 An agreement for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account) may be terminated,
1.2 The Customer may terminate the agreement with immediate effect and without indicating reasons by sending a proper declaration via email to the address: biuro@3kamido.eu or by deleting the Account,
1.3 The Service Provider may terminate the agreement for the provision of continuous and uninterrupted Electronic Services if the Customer violates the Terms of Use, in particular if he/she provides illegal content, after an ineffective prior request to cease the violation by setting an appropriate period of time. The Agreement in such a case expires after 7 days from the submission of a declaration of intent to terminate it (notice period).
1.4 The termination shall lead to the termination of the legal relationship with effect for the future.
2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
§ 16
FINAL PROVISIONS
1. Contracts concluded through the Store are concluded in accordance with Polish law.
2. In the event of any part of the Rules of Procedure in conflict with applicable law, in place of the disputed provision of the Rules of Procedure shall apply the relevant provisions of Polish law.
3. Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved in the first instance by negotiation, with the intention of an amicable settlement of the dispute, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory for either party, disputes will be settled by the competent common court, in accordance with paragraph 4 of this section.
4 Judicial Settlement of Disputes:
4.1. possible disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in §10 of the Regulations shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of 17 November 1964,
4.2 Any disputes arising between the Service Provider and a Customer (Client) who is not a Consumer, referred to in §9 of the Terms and Conditions, shall be submitted to the competent court for the seat of the Service Provider.
5. A Client who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting, after the conclusion of the complaint procedure, a request for mediation or an application for consideration by an arbitration court (application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Province Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.
6.ODR (Online Dispute Resolution) Internet platform, available at: http://ec.europa.eu/consumers/odr/.