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Online Store Terms and Conditions


1 Preliminary Provisions

The online store Kartell Warsaw, accessible at www.kartellwarsaw.pl, is operated by System m sp. z o.o., located in Warsaw at Krucza 24/26, 00-526, registered in the National Court Register by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000870780, with a share capital of 100,000 PLN, VAT ID (NIP) 527 269 78 39, REGON 146754013.

These Regulations are directed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the principles and procedure for concluding Sales Agreements with the Customer remotely via the Store.

 


2 Definitions

  • Consumer - a natural person who enters into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
  • Seller – System m sp. z o.o., located in Warsaw at Krucza 24/26, postal code 00-526, registered in the National Court Register by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000870780, with a share capital of 100,000 PLN, VAT ID (NIP) 527 269 78 39, REGON 146754013.
  • Client - any entity making purchases through the Store.
  • Entrepreneur - a natural person, a legal person, and an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting in their own name a business activity that uses the Store.
  • Store - an online store operated by the Seller at the internet address www.kartellwarsaw.pl
  • Distance contract - a contract concluded with the Client within an organized system of concluding distance contracts (within the framework of 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 moment of concluding the contract.
  • Regulations - these Store regulations.
  • Order - a declaration of will of the Client submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
  • Account - customer account in the Store, it collects data provided by the Client and information about orders placed by them in the Store.
  • Order form - an interactive form available in the Store enabling placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • Basket – an element of the Store's software, in which the Products selected for purchase by the Client are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  • Product - a movable item/service available in the Store which is the subject of the Sales Agreement between the Client and the Seller.
  • Sales Agreement - a Product sales agreement concluded or entered into between the Client and the Seller via the online Store. The Sales Agreement also means - according to the Product features - a service contract and a contract for specific work.

 


3 Contact with the Store

  • Seller's address: Pl. Trzech Krzyży 10/14, 00-535 Warsaw
  • Seller's e-mail address: warsaw@kartellflag.com
  • Seller's telephone number: +48 514 962 593
  • Seller's bank account number TO BE FILLED
  • The Client can communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
  • The Client can communicate by phone with the Seller during the hours 11-19

 


4 Technical Requirements


To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

a. A terminal device with access to the Internet and a web browser such as Microsoft Edge, Safari, Google Chrome, Mozilla Firefox
b. An active e-mail account (e-mail),
c. Enabled cookie support,
d. FlashPlayer installed

 



5 General Information

  • The Seller, to the fullest extent permitted by law, is not responsible for interruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the online Store with the Client's technical infrastructure.
  • Browsing the Store's assortment does not require creating an Account. Placing orders by the Client for Products available in the Store's assortment is possible 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 Order to be processed without creating an Account.
  • Prices listed in the Store are given in Polish zlotys and are gross prices (including VAT).

 

 


6 Creating an Account in the Store

There is no possibility of account creation on the Store’s website.

 



7 Rules for Placing an Order

In order to place an Order, you must:

  • Select the Product that is the subject of the Order, and then click the "Add to basket" button (or equivalent);
  • Log in or use the option to place an Order without registration;
  • If the option to place an Order without registration is selected - fill in 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 invoice data if different from the recipient's details,
  • Click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail message,
  • Choose one of the available payment methods and, depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

 

 


8 Offered Methods of Delivery and Payment

The Client can use the following methods of delivery or collection of the ordered Product:

  • Postal shipment,
  • Courier shipment,
  • Personal collection available at: Pl. Trzech Krzyży 10/14, 00-535 Warszawa

 

The Client can use the following payment methods:

  • Payment by bank transfer to the Seller's account
  • Electronic payments
  • Payment by credit card.


Detailed information on delivery methods and acceptable payment methods can be found on the Store's pages.

 

 


9 Execution of the Sales Agreement

  • The conclusion of the Sales Agreement between the Client and the Seller occurs after the Client has placed an Order using the Order Form in the online Store in accordance with § 7 of the Regulations.
  • 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 implementation occurs by sending by the Seller to the Client an appropriate e-mail message to the Client's e-mail address provided during the placing of the Order, which contains at least the Seller's statements about receipt of the Order and about its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Client, a Sales Agreement is concluded between the Client and the Seller.
  • The Client is obliged to make the payment within 10 calendar days from the date of the Sales Agreement - otherwise, the order will be cancelled.
  • If the Client has chosen a method of delivery other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Client when placing the Order.
  • A In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
  • The beginning of the delivery period of the Product to the Client is counted as follows: a. If the Client chooses the method of payment by bank transfer, electronic payments, or credit card - from the date of crediting the Seller's bank account.
  • In the case of choosing by the Client personal collection of the Product, the Product will be ready for collection by the Client within the time specified in the description of the Product. The Client will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Client's e-mail address provided during the placing of the Order.
  • In the case of ordering Products with different readiness dates for collection, the readiness date for collection is the longest given term.
  • Delivery of the Product is limited to the territory of Poland.

 

 

10 Right to Withdraw from the Agreement

  • The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  • The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person designated by them other than the carrier.
  • In the case of an Agreement that includes many Products that are delivered separately, in parts, or in pieces, the term specified in paragraph 1 runs from the delivery of the last item, batch, or piece.
  • In the case of an Agreement that involves the regular delivery of Products for a fixed period (subscription), the term specified in paragraph 1 runs from taking possession of the first of the items.
  • The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To keep the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
  • The statement may be sent by traditional mail by sending the statement to the Seller's address - contact details of the Seller have been specified in § 3. The statement can also be submitted on the form, the template of which is an annex no. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but it is not obligatory.
  • In the event of sending the statement by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  • Effects of withdrawal from the Agreement: a. In the case of withdrawal from a Distance Agreement, the Agreement is considered not concluded. b. In the case of withdrawal from the Agreement, the Seller returns to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by them, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller. c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction unless the Consumer has expressly agreed to a different solution that will not involve any costs for them. d. The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first. e. The Consumer should send back the Product to the Seller's address provided in these Regulations immediately, not later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period. f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if due to its nature, the Product could not be returned by regular mail. g. The Consumer is only responsible for the decrease in the value of the Product resulting from using it in a way other than was necessary to establish the nature, characteristics, and functioning of the Product.
  • In the case where, due to its nature, the Product cannot be returned by regular mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
  • The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

a. in which the subject of the service is a non-prefabricated item, produced according to the Consumer's specification or serving to satisfy their individualized needs,
b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons if the package was opened after delivery,
c. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service, that after the completion of the service by the Seller, they will lose the right to withdraw from the Agreement,
e. in 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 for withdrawing from the Agreement,
f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
g. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and whose delivery can only take place after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
h. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
i. for delivering newspapers, periodicals, or magazines, with the exception of subscription contracts,
j. for delivering digital content that is not stored on a tangible medium if the performance began with the Consumer's express consent before the deadline for withdrawing from the Agreement and after informing them by the Seller about the loss of the right to withdraw from the Agreement,

 

 


11 Complaint and Warranty

  • The Sales Agreement covers new Products.
  • In the event of a defect in the goods purchased from the Seller, the Client has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
  • The complaint should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
  • The Seller will respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Client's request was justified.
  • Goods sent back as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
  • If a warranty has been granted on the Product, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach a warranty card to the sold Product.

 

 


12 Out-of-court Complaint and Redress Procedures

Detailed information on the possibility of the Consumer using out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection

  • http://www.uokik.gov.pl/spory_konsumenckie.php,
  • http://www.uokik.gov.pl/sprawy_indywidualne.php, and
  • http://www.uokik.gov.pl/wazne_adresy.php.

The Consumer has the following example possibilities of using out-of-court complaint and redress procedures: a. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle the dispute arising from the Agreement concluded with the Seller. b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller. c. The Consumer may obtain free assistance in resolving the dispute between them and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (among others, the Consumer Federation, Association of Polish Consumers).

 

 


13 Personal Data in the Online Store

  • The administrator of Clients' personal data collected via the online Store is the Seller.
  • Clients' personal data collected by the administrator via the online Store are collected in order to implement the Sales Agreement, and if the Client agrees - also for marketing purposes.
  • Recipients of personal data of the online Store's Clients may be:

a. In the case of a Client who uses the online Store with the method of delivery by postal or courier shipment, the Administrator provides the collected personal data of the Client to the selected carrier or intermediary performing the shipments at the request of the Administrator.
b. In the case of a Client who uses the online Store with the method of electronic payments or payment by credit card, the Administrator provides the collected personal data of the Client to the selected entity handling the above payments in the online Store.

  • The Client has the right to access their data and correct them.
  • Providing personal data is voluntary, however, refusal 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

  • Contracts concluded through the online Store are concluded in Polish.
  • The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, 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 Client about each change at least 7 days in advance.
  • In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on providing services by electronic means; the Act on consumer rights, the Act on the protection of personal data.
  • The Client has the right to use out-of-court means of dealing with complaints and redress. For this purpose, they may file a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

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