Terms & Conditions
These Rules and Regulations define the principles of purchasing goods and services via the on-line store operated by the Seller under the website address www.karolmilewski.com, www.karolmilewski.pl, www.karolmilewski.co.uk
- The Seller: Karol Milewski running a sole traders’s business under the business name Karol Milewski registered address: Leszczynowa 8, 16-020 Czarna Białostocka, entered in the register of entrepreneurs of business activity register and information record system (CEIDG), assigned with the Vat reg. number (NIP) 9661296999, Regon: 200344035.
- You can contact the Seller by:
- telephone: 531 545 535 (calling rate as per the operator's tariffs).
- e-mail: email@example.com
§1 Terms and definitions
- Rules and Regulations - these regulations of the on-line store.
- On-line Store – website under the address: www.karolmilewski.com, www.karolmilewski.pl, www.karolmilewski.co.uk, where the Seller offers the on-line sales of goods and services.
- Seller – business entity providing the sales services via the on-line store on terms and conditions defined in these Rules and Regulations.
- Business Days – a day from Monday to Friday except for statutory days off work (Bank Holidays).
- Client – a natural person, legal person or an unincorporated, organisational unit having legal capacity, who/which places an order in the on-line store in compliance with the principles specified herein.
- Entrepreneur - a natural person, a legal person or an organisational unit, which is not a legal person, that is granted its own legal capacity on the basis of a separate legal act, which runs business activity in its own name. Partners of civil law partnerships are also deemed entrepreneurs within the scope of their business activity.
- Object of the transaction - Goods listed and described on the website of the On-line Store.
- Goods – a movable item, presented in the On-line Store, covered with a respective Contract of Sales.
- 9. Contract of Sales – contract of sales of Goods in the meaning of the Civil Code, concluded between the Service Provider and the Client, with the use of the On-line Store website.
- Order – declaration of will of the Client explicitly defining the type and the quantity of Goods, directly aimed at the conclusion of the Contract of Sales.
- The Civil Code – Act of 23.04.1964 of the Code of Civil Procedure (Journal of Laws no. 16 item 93 as amended).
§2 General principles
- These Rules and Regulations define the principles of use of the On-line Store operating under the address: www.karolmilewski.com, www.karolmilewski.pl, www.karolmilewski.co.uk.
- A condition to place an Order in the On-line Store by the Client is to read these Rules and Regulations and to accept their provisions for the Order Processing Procedure.
- The Seller provides the Retail Sales Services via the On-line Store.
- The Seller publishes the information about the Goods on the On-line Store website.
- All the Goods offered on the On-line Store website are brand new, originally packed and free from any physical or legal defects and have legally entered the Polish market.
- To place an Order in the On-line Store, the Client must meet the following technical requirements, necessary for the compatibility with the IT system used by the Seller:
- have an e-mail address,
- have a computer, smart phone or tablet with the operating system: Windows, Mac OS X, Linux or Android,
- have the Internet browser in the prescribed version or any of its subsequent update: Internet Explorer - version 9, Chrome - version 46, Safari - version 8, Firefox - version 41, Opera - version 32.
- The Client shall be obliged to use the On-line Store in compliance with the law and good manners, respecting the personal rights, the copyrights, the property rights and the intellectual property rights of the Seller and any third parties.
- The Client is obliged not to provide the contents prohibited by the provisions of law.
- The Client shall use the Goods purchased in the On-line Store at his/her own responsibility.
- Only persons having full legal capacity can act as the Client, who is a natural person.
- These Rules and Regulations are addressed both to the Clients and the Entrepreneurs using the On-line Store. The only exception is §9 of the Rules and Regulations, it is exclusively addressed to the Entrepreneurs.
- All the prices published on the On-line Store website are gross prices in PLN (inclusive of all the due taxes).
- The price of Goods shall be increased in line with the costs of delivery in the amount specified in §6 as per the manner of delivery selected by the Client.
§4 Order placement
- Orders are received by the Seller via the On-line Store website.
- Orders can be placed in the On-line Store 24 hours a day, 7 days a week, all year round.
- In order to give an Order you have to fill in any necessary order blank of the Story.
- The Order is effectively made if the Client has validly filled in the order form and correctly provided his/her contact data: precise address where the Order is to be sent as well as the telephone number and the e-mail address.
- Should the provided data fail to be complete, the Seller shall contact the Client. If the Seller cannot contact the Client, the Seller shall have the right to cancel the Order.
- The Client shall receive a receipt for the goods ordered on-line or alternatively, when placing the order, the Client can select the option of a VAT invoice. The document (receipt or invoice) shall be sent together with the dispatch or it will be sent to the e-mail address of the Client provided in the Client's Order.
- Having made a valid Order, the Client shall receive an automatic reply from the store, confirming the store has received the Order.
- The Order fulfilment procedure shall commence once the payment has been made by the Client or, if the Client has selected the option of cash on delivery, once the Client has placed the Order.
- Should the ordered Goods be out of stock at the warehouse, the Seller shall forthwith inform the Client about it and about the related thereto extension of the date of the Order fulfilment, however, not later than within 48 hours.
- Contract of sales shall be concluded in the Polish language.
- The On-line Store operates sales within the territory of Poland and other countries.
§5 Methods of payment for the Order
- The Seller shall allow the Client to use the following methods of payment for the scope of the Contract of Sales:
- Cash on delivery.
- Bank transfer to the bank account of the Seller.
- Bank account of the Seller:
- Bank: Inteligo
- Account number: 50 1020 5558 1111 1797 4180 0116
§6 Costs, methods and dates of deliveries
- The ordered Goods are sent to the address indicated in the Order Form. The Client shall be forthwith informed about the improperly filled in Order Form, which prevents the dispatch of goods or which can delay it.
- The Seller shall allow the Client to use the following methods of delivery:
- Package delivery company payment by cash in advance. (Poland and other countries).
- Package delivery company payment by cash on delivery to the courier. (Poland)
- The total time from order to delivery shall be from 3 to 5 weeks at the maximum - from the day of the Order placement by the Client; however, the On-line Store shall make its best efforts to complete Orders as soon as possible.
- Costs of the delivery are charged upon the Client:
- Package delivery company(payment by cash in advance). Poland 30,00 zł, Great Britain (Mainlad) £20 (to 30 kg and to 175 cm long of package).
- Package delivery company(payment by cash in advance) to other countries the Seller shall be determined individually with the Client.
- Package delivery company payment by cash on delivery to the courier. Poland 40,00 zł (to 30 kg and to 175 cm long of package).
- The cost of delivery orders above 30 kg, the Seller shall be determined individually with the Client.
- Delivery to the Client takes 14 Working Days, unless the on-line description of a given item of Goods indicates another delivery date.
- Each item of dispatched Goods is insured up to its full value.
- Upon delivery, the Client shall check, in the presence of the courier, whether the packaging shows any signs of prior opening or signs of any damage. Should the Client find that the package with Goods has been opened prior to delivery or that the Goods have been damaged, the Client shall draw up, together with the courier, a damage report and forthwith inform the Seller about it.
- Upon the receipt of Goods at the terminal in Great Britain, the Client shall check if the Goods have been damaged during transport. Should the Client find that the Goods have been damaged, he/she shall write the word 'damaged' next to the surname (this is an equivalent of the Shipping Damage Report).
- The Client shall check and assess if the rawlplugs enclosed to the Order are suitable for fixing in a given wall.
§7 Contract Withdrawal
- The Client who has concluded a contract on-line can withdraw from the contract within 14 calendar days without providing any reason and he/she shall be entitled to a full refund of the amount paid.
- For the observance of the above named deadline, it is sufficient to send a respective declaration to the Seller prior to the lapse thereof.
- A sample form of the contract withdrawal is available on the website of the On-line Store, in the tab ,,Contract Withdrawal’’ and is enclosed to the e-mail message confirming the Order.
- The Client can use the template form - it is not mandatory, though.
- The Client is forthwith obliged, but not later than within 14 calendar days as of the day of the Contract Withdrawal, to return the Goods to the Seller.
- For the observance of the deadline it is sufficient to send the Goods prior to this deadline. The Client can return the Goods to the address of the Seller.
- In the event of the withdrawal from the contract, the Client shall have the amount paid refunded (however, not later than within 14 calendar days), inclusive of the costs of delivery.
- The case where the consumer has selected the method of delivery other than the cheapest available in the On-line Store makes up an exception.
- In such a case, the Client is to cover the cost of the delivery.
- The Client shall bear the liability for the impairment of the value of the Goods due to the use of the Goods by the Client in the manner exceeding the acts necessary to identify the nature, features and the operation of the Goods.
- The Seller hereby provides the information that the right to withdraw from the agreement concluded on-line shall not be the entitlement of the Client in the case of agreements specified in Art. 38 of the Law on Consumers' Rights of the 30 May 2014.
- In the case of an agreement concluded with the Vendor, the right to withdraw from the agreement concluded outside the premises of the enterprise or on-line shall not be the entitlement of the Client in the case of the agreements as follows: the agreement the scope of which is a non-prefabricated item, manufactured in compliance with the specifications of the purchaser or for the purpose of the purchaser's individual needs e.g. a frame of the size tailor made for the Client.
§8 Complaint procedure
- The Seller shall be obliged to provide the Client with the Product that is free from defects.
- The basis and the scope of liability of the Seller with respect to the Client are defined in the generally applicable legal provisions, in particular the provisions of the Civil Code.
- The Seller shall be liable towards the Client, being a natural person, for any physical or legal defects of the Goods.
- The Seller shall bear no liability for improper use of the Goods and accidental occurrences (dropping, scratching etc.).
- The Client can file a complaint in the following ways:
- In written form addressed to the Seller: Karol Milewski, ul. Leszczynowa 8, 16-020 Czarna Białostocka.
- In electronic form via e-mail sent to the Seller's address: firstname.lastname@example.org
- The Client is recommended to include in his/her complaint:
- Name and surname,
- E-mail address,
- Date of complaint submission,
- Subject of the complaint with the actions requested to be undertaken,
- All the circumstances justifying the complaint.
- The Client shall be informed about the resolution of the complaint by e-mail or by ordinary mail.
- Making a complaint, the Client shall, together with the notice of complaint, send the product complained about to the Seller.
- If, for the reason of the product type, its delivery by the Client shall prove excessively costly, the Client shall be obliged to make the product available to the Seller, in the location of the Product.
- The Seller shall forthwith reply to the complaint of the Client; however, not later than within 14 calendar days as of the complaint submission. Should the Seller fail to reply to the complaint within the above deadline, then it shall be deemed that the Seller has accepted the complaint as fully justified.
- Should the complaint be reviewed to the advantage of the Client, the Seller shall repair or replace the goods complained about with new goods of unimpaired value or the Seller shall reimburse the price paid at the purchase of the Goods.
- The sold Goods are enclosed with a warranty card of the manufacturer, importer or distributor - if the manufacturer, importer or distributor grant their warranty on the basis of a written warranty card.
- If the goods are covered with the warranty, the rights of the Client and the duties of the Guarantor falling thereunder are specified in the terms and conditions of the warranty card and the exercise of these rights and duties shall comply therewith.
- The warranty granted for the Goods sold shall be an additional entitlement of the Client and shall not exclude, limit or stay the rights of the Client falling under the Seller's liability pursuant to the statutory liability for faulty products sold (Art. 577 of the Civil Code).
§9 Provisions concerning the entrepreneurs
- The sub-paragraphs of the Rules and Regulations below and the provisions contained therein concern only the Entrepreneurs.
- The Seller may withdraw from the contract of sales concluded with the Entrepreneur without any reason within 14 calendar days.
- Should the Seller withdraw from the contract, the Entrepreneur shall have no claims with respect to the Seller.
- The Seller shall be entitled to limit the methods of payment available to the Entrepreneur.
- Upon the release of Goods by the Seller to the carrier, the benefits and burdens related with the Goods are transferred upon the Entrepreneur.
- Upon the release of Goods to the carrier, the Seller shall no longer bear any liability for the loss, impairment or damage of the Goods arising in the period from the acceptance of the Goods by the carrier till their release to the Entrepreneur. Furthermore, the Seller shall bear no liability for any delays in the delivery of the dispatch.
- If the Seller sends the Goods to the Entrepreneur via the carrier, the Client shall be obliged to inspect the dispatch within the deadline and in the manner typically applied to this type of dispatches. If the Client finds that during the transport the Goods were impaired or damaged, the Client shall be obliged to undertake all the acts necessary for evidencing the liability of the carrier.
- The liability of the Seller under the warranty for the Goods is here excluded (the Entrepreneur indemnifies the Seller).
- 9Any disputes arising pursuant to the application of these Rules and Regulations and any disputes arising in connection with the performance of the contracts between the Seller and the Entrepreneur shall be settled by the court of the proper jurisdiction for the seat of the Seller.
§10 Out-of-court methods of processing complaints and asserting claims
- A customer being a consumer is entitled to the following possibilities of out-of-court methods of processing complaints and asserting claims, among others, including:
- A customer is entitled to apply to a permanent arbitration tribunal for consumers with a motion for resolving a dispute arising in connection to a concluded sales contract. Such a tribunal operates at a Commercial Inspection.
- A customer is entitled to apply to the provincial Inspector of a Commercial Inspection with a motion for initiating a mediation procedure relating to an amicable resolution of a dispute between the customer and seller.
- A customer may obtain free aid relating to resolving a dispute between the customer and seller, also using free aid of a regional (local) Consumer Advocate or a social organisation whose statutory duties include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation via a toll-free hotline number for consumers 800 007 707 and via e-mail: email@example.com
- A customer may submit their complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/
§11 Final provisions
- Changes in the Rules and Regulations. The Service Provider reserves the right to make changes in the Rules and Regulations for important reasons, that is: due to changes in the legal provisions; changes in the methods of payment and deliveries - in the scope affected by these changes as regards the implementation of the provisions of these Rules and Regulations.
- In matters not regulated in these Rules and Regulations, the generally applicable provisions of the Polish law shall apply, and in particular: the Civil Code; the Act on Providing Services by electronic means of 18 July 2002 (Journal of Laws of 2002 no. 144, item 1204 as amended.); for the Contracts of Sales concluded by 24 December 2014 with Clients being natural persons - provisions of the Act on the protection of some of consumer rights and on the liability for damage caused by a hazardous product of 2 March 2000 (Journal of Laws 2000 no. 22, item 271 as amended) and the Act on specific rules of consumer sale and amendments to the Civil Code of 27 July 2002 (Journal of Laws of 2002, no. 141, item 1176 as amended); for the Contracts of Sales concluded as of 25 December 2014 with Clients being natural persons - provisions of the Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827 as amended); and other applicable and generally binding provisions of law.
- Any disputes arising in the implementation of these Rules and Regulations and in connection with the performance of the contracts concluded by and between the Seller and the Clients, shall be reviewed by the Court of the proper jurisdiction in compliance with the provisions on the jurisdiction over the subject matter and the venue of the case of the Act of 17.11.1964 of the Code of Civil Procedure (Journal of Laws no. 43 item 296 as amended).
- The Seller is the administrator of the personal data processed in connection with the implementation of these Rules and Regulations. The personal data shall be processed only for the purpose of issuing the invoice, receipt or keeping accounting records. Provision of the personal data is voluntary. Any person, whose personal data is processed by the Seller, shall have the right to inspect the contents thereof and to update and correct the said data.