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Regulations of the Internet Shop named: kutikai.pl

§1

[Glossary]

Each time these regulations use the terms below, written in capital letters, the terms will have the following meanings:

Working days – days from Monday to Friday, excluding statutory free days indicated in the Act of 18th January 1951 on days free from work (uniform text: Journal of Laws 2015, item 90);

Info-line – Customer service office available at the following phone number +48 784 105 499 or +48 784 105 469 and via a contact form available at: www.kutikai.pl

KC – the act of 23rd April 1964 Civil Code (uniform text: Journal of Laws 2014, item 121, as amended);

Client – an individual, a legal entity or an organizational unit without status of a legal person but with legal capacity, using the Internet Shop, and especially making a purchase there;

Consumer – Client who meets the characteristics indicated in article 221 of KC, that is being an individual and making a purchase in the Internet Shop in a scope not related to their economic or professional activity;

Account – an individual account run by the Company for the Client, under individual login, used for making purchases in the Internet Shop;

Basket – a functionality of the Internet Shop, which displays the products selected by the Client for purchasing, their total purchase price (covering the purchase price of products and the delivery cost), allowing the Client to determine and modify the order data, especially the delivery address and data for the invoice;

Warehouse – stores located in the Republic of Poland in:

  • Nowy Sącz (33-300) at ul. Żeglarska 10/5 – for products classified as “accessories”,
  • Kalwaria Zebrzydowska (34-130) at ul. Stolarska 54 – for products classified as “furniture”.

- where the Client’s order is completed;

Payment operator – an external operator for the Company, working as intermediary in settling the payment;

Regulations – these Regulations of the Internet Shop named kutikai.pl;

Internet Shop – the Internet shop run by the Company, available in the Internet domain at www.kutikai.pl, as well as available from the following domains: www.kutikai.com and www.kutikai.com.pl;

Company – company named KUTIKAI limited liability company with registered office in Nowym Sączu (33-300), address: ul. Żeglarska 10/5, entered into the register of entrepreneurs of National Court Register for Kraków-Śródmieście in Kraków, XII Economic Division of the National Court Register (KRS) under KRS number: 0000525747, NIP (Tax Identification Number): 7343528187 and REGON (National Business Register Number): 123227808, with share capital of PLN 5000, fully paid;

Product page – a page in the Internet Shop, where information on a given product is presented. Information included on the Product page does not constitute an offer as understood by Article 66 § 1 of KC;

Act – the act of 30th May 2014 on Consumer Rights (Journal of Laws 2014, item 827).

 

§2

[General provisions]

  1. These Regulations define the principles of using the Internet Shop, especially placing orders for products available in the Internet Shop, delivery of ordered products to the Client, payment of the purchasing price by the Client, Client’s rights to cancel the order and to renounce the contract and principles of submitting and dealing with claims.
  2. For the registration made in the Internet Shop and for using the functionalities of the Internet Shop the client is not obliged to pay any remuneration to the Company (this does not concern the remuneration for the products purchased in the Internet Shop).
  3. Taking into account the assumption of good faith resulting from article 7 of KC, the Company conducting its activity via the Internet Shop assumes that:
    1. Clients act in line with the valid law;
    2. Clients use the Internet Shop in line with its purpose.
    3. Clients make reliable and true declarations and assurances as well as they pass reliable and true information;
    4. Clients have acquainted themselves with the content of the Regulations and announcements or information directed at them and act on the basis of all of them and consistently with their content and provisions.

 

§3

[Technical principles of using the Internet Shop]

  1. When using the Internet Shop, Clients should use it in a way consistent with its purpose.
  2. Clients are forbidden to take any action or to show any negligence which could hamper or limit proper functioning of the Internet Shop, lead to excessive burden or overburden or in any other way disturb the functioning of the Internet Shop.
  3. It is forbidden to introduce or allow introduction to the Internet Shop any harmful elements, including software or source codes, especially computer viruses, the so-called Trojans or keyloggers, or software used for sending information not requested by Clients (spam). It is also forbidden to use the Internet Shop for other than its original purpose, especially to send spam, to run any form of commercial, advertising or promotional activity on the website of the Internet Shop by Clients.
  4. In case it turn out necessary or appropriate for the efficient functioning of the Internet Shop, the Company may send to its Clients information or messages of technical or procedural nature, which are not commercial information as understood in the Act.
  5. In case it turns out necessary or appropriate, the Company is also entitled to conduct technical or maintenance work in the Internet Shop, including work which may cause temporary difficulties or breaks in the use of the Internet Shop or switching off some of its functionalities as well as it may make impossible or limit access to the content gathered in the Internet Shop.
  6. In order to use the Internet Shop, the following technical requirements must be met:
    1. Access to the appliance connected to the Internet, with a current version of one of the following browsers:
      • Mozilla;
      • Internet Explorer;
      • Google Chrome;
    2. Having an e-mail account;
  7. Bearing in mind constant changes to the software provided by third parties, the Company is authorized to introduce technical changes necessary to ensure proper functioning of the Internet Shop, especially changes consisting in updating the version of the browser used for proper functioning of the Internet Shop. Such update does not constitute change to the Regulations.
  8. The Company does not supply appliances or software which might be necessary for proper use of the Internet Shop. In case the Client uses the Internet Shop using software or appliances which do not meet technical requirements defined in the Regulations, there might be some irregularities or other technical inefficiencies for which the Company is not liable.
  9. The costs of the remote contact means used by the Client (costs of Internet connection, phone calls, etc) in order to use the Internet Shop are borne by the Client.
  10. The Company does not train Clients in how to use the Internet Shop, especially its particular elements or functionalities, therefore the Client is obliged to learn the principles on their own.
  11. The use of the Internet Shop does not entail any non-standard threats, that is threats not related usually with making purchases vie the Internet
  12. Accent to updated information on the software function and purpose or to data which is not an element of the service content, entered by the Company to the IT system used by the Client is possible at the following address: http://www.kutikai.pl/en_US/i/Privacy-policy/27.
  13. As much as it is permitted by the law the Company will not be responsible for the disturbances, including breaks, in the functioning of the Internet Shop caused by force majeure, prohibited action of third persons or incompatibility of the Internet Shop with the Client’s technical infrastructure.
  14. The Company emphasizes that the characteristics or personal settings of appliances used by the Client to access the Internet Shop may account for the differences in the product visualization on the appliance used by the Client and the actual appearance of the product (color, proportions, etc). The Consumer, however, is entitled to renounce the contract, in line with provisions of § 12 of the Regulations.

 

§4

[Setting up and using the Account]

  1. It is not necessary to have an Account to look through the range of products in the Internet Shop. However, it is necessary to have the Account to place an order for the products in the Internet Shop.
  2. In order to set up an Account the Client must register at the Internet Shop by filling in a registration form, providing their name and surname or nickname, e-mail address and password and accepting the Regulations and expressing consent for processing their personal data in the scope necessary to initiate and shape the content, change, terminate and properly execute the services provided electronically and to complete Client’s orders.
  3. After registering in the Internet Shop each logging onto the Account requires providing data supplied in the registration form.
  4. After registering the Client may change their data provided during the registration, after entering the “My account”/”Profile edition” tab;
  5. In order to remove the Client from the Internet Shop, the Client should send an e-mail address to the Info-line address with a request to remove the Account, using the e-mail address currently registered in the Internet Shop.
  6. The Account is individual, which means especially that it cannot be passed on to a third person without the prior, written (or otherwise deemed nul and void) consent of the Company. The Client is obliged to keep confidentiality of the login and password to their Account.
  7. If the Client allows third persons to use their Account, especially by providing them with the login and password to the Account or insufficient protection of the login and password against third persons, the Client – within the scope stipulated by the commonly valid provisions of law – is responsible for the actions and negligence of such third persons as well as for their own actions and negligence. In addition, in such a case – in the broadest scope resulting from the valid provisions of law – the Company is not responsible for the consequences of such actions or negligence.
  8. The Company is entitled to block the Account if the actions taken by using it within the Internet Shop violate commonly valid provisions of law, personal rights or interests of any third persons, principles of social cooperation or provisions of these Regulations. The Client will be informed of the intention to block the account in an e-mail message sent to their e-mail account currently registered in the Internet Shop. Blocking the Account means the contract to provide the Client with electronically supplied services is immediately terminated.
  9. Logging into the Internet Shop is done by entering the login and password provided when registering the Account onto the logging form.
  10. The Client who registered the Account may use all available functionalities of the Internet Shop, including placing orders for products available in the Internet Shop.
  11. All irregularities in the operation of the Internet Shop or the Account may be submitted to the Company vie the Info-line. Claims concerning products may be submitted in line with provisions of § 10 of the Regulations.
  12. Calls defined in point 11 above will be dealt with within 14 days of their submission.

 

§5

[Information on products]

  1. Information on products available in the Internet Shop do not constitute an offer as understood in article 66 of KC, but an invitation to conclude a contract as understood in article 71 of the KC.
  2. Prices of products offered within the Internet Shop:
    1. Contain tax on goods and services (VAT) and are quoted in Polish zloty (marked with „zł” or „PLN”); prices of products may also be shown in other currencies – then on the Product site of a given product its price in different than Polish zloty currency is indicated, together with appropriate symbol of such currency;
    2. Do not contain the delivery costs. Delivery costs are calculated separately on product prices, assuming the delivery will take place in the territory of the Republic of Poland, and depend on:
      • the method of delivering the product to the Client;
      • the value and size of the order

and are quoted when selecting the method of delivering the product by the Client.

  1. The total costs of an order (that is the cost of products and the cost of their delivery) is indicated in the Basket before the Client places an order.
  2. The Company reserves the right to make changes in the product prices on a current basis and to make and end all kinds of promotion. The right referred to in the previous sentence does not affect orders placed before the date of implementing the price changes or terms of a given promotion activity.
  3. Promotions in the Internet Shop cannot be combined, unless provided otherwise by the regulations of a given promotion.

 

§6

[Terms of processing orders]

  1. Subject to provisions of § 3 point 5, the Client may place orders for products available in the Internet Shop for 7 (seven) days a week and 24 (twenty-four) hours per day.
  2. In order to place an order, a Client must:
    1. log into their Account;
    2. select a product which is the subject of the order and then click a ‘To the Basket’ button (or its equivalent);
    3. select the type of the delivery (method of delivering the product);
    4. enter the data of the order recipient and the address to which the delivery is to be made. In case of selecting the delivery by the courier, the Client may also provide their contact phone number for the courier;
    5. enter the data for the invoice, if the data differs from data provided for the reception of the order – if the Client wishes to be issued with a VAT invoice;
    6. select one of available methods of payment.
  3. The Company is entitled to introduce limits (maximum and minimum) of the quantity of each product that may be covered by one order. Detailed information on other limits to the method of delivery or payment form are defined in “Delivery costs” and “Order Fulfillment Lead Time” tabs.
  4. Placing an order by the Client is equivalent to making an offer of concluding a sales (purchase) contract of the ordered product with the 4-working day binding term for the Client.
  5. If the fulfillment of a given order is possible, the Client will receive an e-mail message sent to the e-mail account indicated in the Account, with the confirmation of accepting the order for processing, which also constitutes the Company’s declaration that it accepts the offer mentioned in point 4 above. In order to avoid any doubts, the contract of purchasing products covered by a given order is concluded at the moment when the Client receives a confirmation mentioned in the previous sentence, as far as the confirmation is delivered to the e-mail account of the Client indicated in the Account within the date the offer is binding, as specified in point 4.
  6. In case the ordered product is not available in the warehouse or there is no possibility of fulfilling the Client’s order for other reasons, the Company will inform the Client of the situation by sending a message to the e-mail address indicated by the Client or by phoning them using the contact number provided by the Client, within the time stipulated by commonly valid provisions of law.
  7. In case part of the order cannot be fulfilled, the Company may propose its Client:
    1. to cancel the whole order (in case this option is selected by the Client, the Company will be released from the obligation to fulfill the order);
    2. to cancel part of the order where the fulfillment is not possible within the specified date (in case the Client chooses this option, the order will be partly fulfilled and the Company will be released from the obligation to fulfill its remaining part);
    3. to divide the order and to establish a new date of fulfillment of the part of order which cannot be fulfilled in the initially established time (in case this option is selected by the Client, the ordered products may be sent in several separate shipments, while the Client will not incur any additional costs connected with the division of the order into several shipments).
  8. In case the order is canceled as shown in point 7 above, if the payment for the subject of the order has already been made, the Company will return the paid amount to the Client (or its part in case of partial fulfillment of the order) in line with commonly valid provisions of law. The principles of returning the paid amount are described in § 13 of the Regulations.
  9. In case the Client provides a wrong or inaccurate address, the Company – in the widest scope acceptable by law – is not liable for failure to deliver or delay in delivering the object of the order.

 

§7

[Payments]

  1. The items purchased by the Clients are delivered only within the territory of the Republic of Poland. In case of purchasing a product in the Internet Shop which is supposed to be delivered outside Poland, it is necessary to contact the Info-line first. The Company emphasizes that if the delivery of products were to be to the place outside Poland, it would be necessary to determine whether the price of the product should be increased to incorporate due customs duty or other civil law payments related to the fact that the delivery is to the place outside Poland.
  2. Payments for the purchased products can be made:
    1. directly to the Company bank account held by mBank Spółka Akcyjna branch in Nowy Sącz, account number: 57 1140 2004 0000 3302 7527 0446;

or

  1. via Payment operator, which is the company named PayU Spółka Akcyjna registered by the District Court in Poznań -Nowe Miasto i Wilda in Poznań, VIII Economic Division KRS number 0000274399, NIP (Tax Identification Number) 779-23-08-495, which offers the possibility of making payments using the PayU service – on terms specified by the regulations of the service available at payu.pl.
  1. Payment for the purchased products, including costs of delivering them, should be made before receiving the object of the order (payment in advance), within 5 days of concluding the contract concerning a given product. According to article 589 of KC, the Company Romains the owner of the products acquired by the Client until full payment of the whole price is made.
  2. Costs of product delivery depend on the form of delivery selected by the Client out of those available for a given product in the Internet Shop.

 

§8

[Order fulfillment time]

  1. Order fulfillment time is counted starting on the day following the day on which the whole amount paid by Client for the ordered product (and its delivery) is registered on the bank account of the Company and is:
    1. 3 Working days – in case the Client purchases Products classified as “accessories”;
    2. 21 Working days – in case the Client purchases Products classified as “furniture”.
  2. In a situation when within one order the Client purchases products classified as “accessories” and “furniture”, the order fulfillment time is counted as in provision of point 1 letter b above.
  3. Order fulfillment time is the time in which the products ordered in one order by the Client will be sent from the Warehouse to the Client via an operator providing transport services (courier company).
  4. The Company is not responsible for the prolonged delivery time or lack of delivery caused by incorrect or incomplete address provided by the Client.

 

§9

[Warranty for defects]

The Company is responsible to the Client if the product sold to them has physical or legal defect (warranty), provided that:

  1. Physical defects consists in inconsistency of the sold object with the contract. Especially the sold item is inconsistent with the contract if:
    1. it does not have the properties which an item like that should have due to the purpose indicated in the contract or resulting from the circumstances or its use;
    2. it does not have the properties the existence of which the Client was assured by the Company, including placement of relevant information on the Product website;
    3. was given to the Client as incomplete;
  2. the sold item has a physical defect also when it is incorrectly installed and activated, if these activities have been performed by the Client who followed the instructions manual provided by the Company;
  3. the item purchased by the Client has a legal defect when it is owned by a third person or if it is burdened with the third person rights and also if the limitation in its use and disposal results from a decision or ruling of a relevant authority.

 

 

§10

[Principles of making a claim]

  1. In case of detecting a fault of the product purchased from the Company the Client is entitled to make a claim within 2 (two) years of receiving the product from the Company.
  2. The Company will, within 14 (fourteen) calendar days, present its position concerning the Client’s claim and will inform the Client of its further procedure.
  3. In order for the Company to deal with a claim the Client should provide it with:
    1. the claimed product or products together with the proof of purchase;
    2. the description of the defects found.
  4. In case the claim is found justified the Company will immediately replace the defective product with a defect-free one or will remove the defect. This does not affect the possibility the Consumer has to make a statement concerning lowering the price or renouncing the contract in line with valid provisions of law. If there is no possibility of replacing the product or removing the defect or lowering the price, the Company will return the amount paid by the Client immediately, in line with valid provisions of law.

 

§11

[Guarantee]

  1. Products sold by the Company are covered by the guarantee only when this was clearly reserved on the Product website of a given product.
  2. In case the guarantee is given for a product, guarantee terms, especially the scope of the Client’s rights resulting from the guarantee and the method of enforcing them, are determined by the guarantee card issued to the Client together with the product.

 

§12

[Renouncement of the contract]

  1. The Consumer may renounce the sale contract for the product purchased in the Internet Shop within 14 (fourteen) calendar days without stating the reason and without incurring any costs, except for costs defined in point 6 below. The period in which the contract may be renounced runs from:
    1. the date the Consumer receives the product purchased from the Company;
    2. the date the Consumer receives the final part of the fulfilled order – if the order is fulfilled in parts.
  2. In order to keep the term defined in point 1 above it is enough to send a declaration specified in point 4 before the end of the term.
  3. Since a number of products offered by the Company within the Internet Shop are made to the Client’s special order, the Company informs that according to article 38 point 3 of the Act, the right to renounce the contract for purchasing products in the Internet Shop is not granted to the Consumer in the following types of contracts for products being:
    1. not prefabricated;
    2. produced according to Consumer’s specifications;
    3. used to satisfy individualized needs of the Consumer.
  4. Renouncing the contract in line with point 1 above requires that the Consumer should submit a statement of renouncing the contract. According to article 12 section 1 point 9 of the Act, the Company informs that in order to submit the statement mentioned in the previous sentence, the Client may especially use the form constituting Attachment 2 to the Act, available at the following address: form.pdf.
  5. Renouncing the contract the Client immediately – not later than within 14 calendar days from the renouncement day – is obliged to return the product to the Company, in a shape allowing to determine the nature of the product, as well as its features and functioning. The Company will return the money the Client paid in line with the provisions of § 13 of the Regulations.
  6. The product should be returned to the proper Warehouse for the category of the product. Direct costs of returning the product as a result of the contract renouncement are borne by the Consumer. The Company emphasizes that due to features of some products (especially those classified as “furniture”), it is possible that these things cannot be returned in a normal mode via the post, but it will be necessary to use the services of operators specializing in transporting furniture, which is connected with the necessity to pay higher transport costs than in case of normal shipments.
  7. The Consumer is responsible for decreasing the value of the product which is the consequence of using it in a way that goes beyond the nature of the product, its features or functioning.
  8. The Company informs that it does not accept the shipments sent to it in a cash on delivery mode and is not responsible for the costs related to such shipments.

 

§13

[Refunds to Clients]

  1. In case the Consumer renounces the contract and in case the Company, due to other reasons, is to refund the Client, the Company will refund the Client immediately, not later than within 14 calendar days following:
    1. the day it receives the Consumer’s declaration of renouncement,
    2. the appearance of another circumstance justifying the refund of the amounts paid by the Client to the Company

- provided that the Company may withhold the return of the money received from the Client until the moment when it receives the product back or the Client provides it with the proof of sending it – depending which happens earlier.

  1. The Company refunds the Client using the same method of payment as the Client used, unless the Client clearly agreed for another method of refunding them, which is not connected with any costs to them.
  2. If the order was paid for using various forms of payment, the money will be returned proportionally with reference to each form used when making the payment.
  3. IN the widest scope allowed by the law the Company is not responsible for the lack of the refund or delays in refunds if, in spite of sending to the Client’s e-mail account a request for providing the bank account number of the Client, it does not receive such number from the Client or if the answer does not contain data necessary to perform such a refund operation. The company is not responsible for non-payment of the refund or delays in its payment attributed to the fact that the Client provided the Company with wrong address or personal data or the wrong bank account number.
  4. In case the Client paid for the order using the bank account or the bank card which do not belong to them, the money will be returned directly for the owner of the bank account or the bank card used for making the payment for the Company.

 

§14

[Personal data; cookies]

  1. The Client agrees for the Company to process the personal data provided by them during the Account registration process and when using the Internet Shop, including the purchases made in the Internet Shop. Provision of personal data by the Client is voluntary, however, the lack of agreement for the Company to process personal data may make it impossible to provide electronic services by the Company and to make purchases in the Internet Shop by the Client.
  2. The personal data is processed by the Company, that is the company named KUTIKAI limited liability company, with registered office in Nowy Sacz (33-300), address: ul. Żeglarska 10/5, entered into the register of entrepreneurs of National Court Register for Kraków-Śródmieście in Kraków, XII Economic Division of the National Court Register (KRS) under KRS number: 0000525747, NIP (Tax Identification Number): 7343528187 and REGON (National Business Register Number): 123227808, with share capital of PLN 5000, fully paid;
  3. The Company processes personal data in order to provide services via electronic means and to conclude with the Client and execute the contracts of sale for the products ordered by the Client in the Internet Shop.
  4. The Client is authorized to access their personal data and to update and remove it. Personal data may be updated or removed after logging into the Account.
  5. The Client declares that the personal data provided by them is their personal data.
  6. Detailed provisions concerning protection of Client’s personal data are included in the Privacy Policy available at http://www.kutikai.pl/en_US/i/Privacy-policy/27.
  7. For statistical purposes and to ensure the highest quality of services the Internet Shop uses the information saved by the server on the Client’s end appliance, which is then read every time the Internet browser connects the Shop (the so-called cookies). The Client may at any time change the browser settings so as it does not accept such files or informs them of sending such files. It should be remembered though, that non-acceptance of cookie files may lead to difficulties in using the Internet Shop. The use of the browser whose settings allow to save cookie files on the Client’s appliance means that the Client agrees for the above files to be saved on their appliance. More information on that issue can be found in the Privacy Policy.

 

§15

[Intellectual property]

Both the products and other elements (photos, texts, graphics) placed in the Internet Shop may be protected by the provisions of intellectual rights protection, especially provisions of copyright and industrial ownership rights. In order to avoid doubts, if it has not been clearly decided otherwise, the Company does not transfer onto its Clients or grant them in any scope any license to use the intellectual property rights possessed by the Company.

 

 

§16

[Final provisions]

  1. In matters not governed by these Regulations the valid provisions of Polish law are applicable, especially the provisions of the Civil Code and the Act.
  2. All disputes arising between the Client who is not a Consumer and the Company will be settled by the common court, relevant as for the subject matter and the place of the Company’s registered office.
  3. The Company is entitled to introduce changes to the Regulations, such changes having legal, technical or organizational nature, provided that the change of the Regulations:
    1. does not affect the rights and obligations of the parties (including Clients) resulting from the contracts concluded on the basis of orders made before the date the above changes to the Regulations became valid;
    2. becomes valid on the date indicated by the Company, not earlier than 7 (seven) calendar days from the moment of making the changed Regulations accessible on the Internet Shop website.
  4. The total responsibility of the Company for non-performance or improper performance of the contracts concluded with Clients who are not Consumers (including warranty for the product defects), is limited exclusively to the responsibility for the damage (that is by excluding the responsibility of the Company for the gains lost by the Clients who are not Consumers) and with reference to each contract it is limited only to the equivalent of the amount received by the Company from a given Client who is not a Consumer for the products purchased by them under a given contract.
  5. Contact with the Company is possible through:
    1. Direct contact at the following address of the Company: Żeglarska 10/5, 33-300 Nowy Sącz;
    2. By post sent to the Company address: Żeglarska 10/5, 33-300 Nowy Sącz;
    3. By phone using the info-line number;
    4. By e-mail, using the Info-line e-mail address.
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