§ 1. GENERAL PROVISIONS
1. The owner and operator of the Online Shop operating at www.kfd.nu (hereinafter referred to as the Shop) is KFD sp. z o.o., with the registered office in Magdalenka, ul. Solec 28, 00-403 Warszawa.
2. A user of services provided by the Shop shall be hereinafter referred to as the Buyer or the Customer.
3. Contact with the Shop: email: firstname.lastname@example.org; tel. +48 22 1001425.
§ 2. RULES OF OPERATION OF THE ONLINE SHOP MY MANIFESTO
1. KFD.nu sells goods through the organised online shop via the Internet.
2. In order to use the online shop the Customer should on his/her own gain access to a computer or terminal device with Internet access.
3. The Shop endeavours to make it possible for Internet Users to use the website by means of all popular web browsers, operating systems, computer types and types of Internet connections. Minimum technical requirements for use of the Shop website include a Web browser not older than the following versions: Internet Explorer 8, Chrome 16, Firefox 10, Opera 11, or Safari 5 or newer versions, with enabled support of Java script, acceptance of cookies, and an Internet connection with a capacity of at least 256 kbit/s. The Shop website is optimised for the minimum screen resolution of 1024x768 pixels.
4. The Customer is prohibited to input illegal content and to use the Online Shop, the Shop website or free services provided by the Shop in a manner contrary to law, good practices, violating personal rights of third parties or the legitimate interests of the Seller.
5. Considering the public nature of the Internet and the use of electronic services the Shop emphasises the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customers should use appropriate technical measures to minimise the above mentioned risk. In particular, they should use anti-virus programmes and programmes protecting identity of Internet users.
6. The Shop shall not be liable for inability or difficulty to use the Online Shop, for reasons attributable to the Customer, in particular if the Customer password is lost by the Customer or comes into possession of a third party (regardless of how). However, the Shop shall be liable, if the Customer password is lost by the Customer or comes into possession of a third party due to reasons attributable to the Shop or reasons for which the Shop is liable.
7. The Shop shall not be liable for damage caused by actions or omissions of Customers, in particular by their use of the Online Shop in a manner inconsistent with applicable laws or the Terms and Conditions.
8. The content of these Terms and Conditions is available at kfd.nu.
9. Any announcements, advertisements, price lists and other information published on the Shop web pages shall not constitute an offer within the meaning of the Civil Code but an invitation to conclude a contract, subject to point 5.5.6.
10. Photos of products presented on the Shop website may differ in terms of colors from the actual colors due to different configuration of Customers' hardware. However, this shall not affect the quality of Products.
11. All rights, including proprietary copyrights, intellectual property rights to the name of the Shop, its Internet domain, the Shop Website, as well as to patterns, forms, logotypes published on the Shop Website (except for logotypes and photos presented on the Shop Website to present products to which copyrights are the property of third parties) are the property of the Shop, and they may be exercised exclusively in a manner described in and compliant with the Terms and Conditions and upon the consent of the Shop expressed in writing.
§ 3 CREATION OF THE CUSTOMER'S ACCOUNT
1. The Customer is entitled to create an account in the Shop in order to place orders in the above-mentioned Shop and to obtain additional functions such as: price visibility, history of orders, checking the status of the last placed order, saving shipping addresses, the opportunity to receive current information about the products of the Shop.
2. Creation of an account is voluntary and free of charge.
3. An account is created after proper completion of the registration form located on the website of the Shop and after receipt via e-mail of a confirmation of registration of the account.
4. In the registration form the Customer shall provide, among others, the password protecting the Customer's account in the Shop, email address, forename and surname, address of residence and phone number.
5. The Customer logs into the account after entering in the login form the correct email address and password.
6. The Customer who made Registration may submit a request for deletion of the Customer Account, whereas in the event of submission by the Shop of a request for deletion of the Customer Account such account may be deleted not later than within 14 days from submission of the demand.
§ 4 ORDERING PRODUCTS
1. Products in the online shop are marked in detail. The shop website contains information about the properties of products, their price, the material of which they are made, etc. The price is visible only after login in to the shop.
2. The Customer ordering products shall select them, in a manner appropriate for a given product, specifying in particular the size, color, and if necessary also giving other specific information and the number of ordered products.
3. All products offered by the Shop are new and original, free of physical
and legal defects, within the shelf life period and have been legally placed on the Polish market.
4. Orders may be placed 24 hours per day, all year round. Orders placed on Saturdays, Sundays and public holidays will be processed on the next working day.
§ 5 PROCEDURE FOR BUYING IN THE ONLINE SHOP
1. After selecting the products by the Customer, the Customer should click the icon "Add to Cart".
2. The product is transferred to the basket, which is visible after clicking on the cart icon in the bar at the top of the page. One may go to the cart by selecting the "Cart" button which opens the page showing all products in the cart or after clicking on the "Add to Cart" button in the product tab.
3. In the "Cart" one should select the form of shipment and enter a discount code, if the Customer has such code and wants to use it. After selecting the option "Next" a page will open where one should enter data necessary for shipment of the ordered product.
4. The Customer may place an order by logging into his/her account in accordance with the procedure described in point 3.3.5 or without logging in, by completing an order form including the forename and surname, address of residence, telephone number, email address and optionally one may enter comments to the order.
5. If an account is created by a person not being a Consumer, it is possible to provide data necessary for issuing a VAT invoice.
6. After accepting the order the Shop will confirm the order by phone or by email. Confirmation of the order referred to in the preceding sentence shall be construed as conclusion of a contract in accordance with the provisions of the Civil Code.
7. All prices provided in the shop are gross prices (include VAT) expressed in Polish zloty (PLN), or in euro (EUR) depending on the selected currency.
8. The price binding for the parties to the transaction shall be the price shown at the product at the moment of placing the order by the Customer. The price does not include delivery costs.
9. The Shop issues a VAT invoice or a receipt. For this purpose one should enter in the order form detailed data necessary for proper issue of a sales note.
10. The Shop may refuse to execute an order in the following cases:
a) incorrect or partial completion of the order form;
b) if within the specified period (5 working days) the money transfer in the correct amount is not made.
11. Shipment costs are each time specified in the "Cart" and the Customer is informed about the final cost of the order before it is finally placed.
12. The Shop reserves the right to withdraw certain products from the sale, change the prices of products and services, conduct and cancel promotional campaigns. However, introduction of the above-mentioned changes does not affect the acquired rights. In the event of introduction of any changes the Shop shall inform Customers about this fact.
13. At every stage of the order process, until payment is made, it is possible to cancel the order by ceasing to pass the next steps and leaving the subpage used to place orders.
§ 6 PAYMENT AND DELIVERY
1. The Customer may choose the form of payment:
a) cash on delivery (only for orders in PLN and delivery in Poland);
b) By credit card or e-transfer which is carried out through Dotpay (only for orders in PLN and delivery in Poland);
c) By credit card or e-transfer which is carried out through PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office in Luxemburg at L-1150 (only for international orders);
d) by traditional transfer.
2. Time of execution of the order depends on availability of the products and shall be from 2 working days to 5 working days.
3. The Shop provides international shipping to the customer via courier or post office company.
4. The Shop shall deliver the product constituting the subject of the Contract of Sale without defects.
5. In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of Delivery, the Supplier's employee shall leave an aviso note or shall attempt to contact the Customer by phone to agree the time when the Customer will be present. If the ordered Product is returned to the Shop by the Supplier, the Shop shall contact the Customer by e-mail or phone to set again the time and cost of the Delivery.
6. Orders are executed within the territory of Poland and abroad.
§ 7 EXECUTION OF INCOMPLETE ORDER
1. In the event of absence of a given product in the warehouse or inability to execute the order the Customer shall be informed to the email address about problems concerning the execution of the order and possible solutions (e.g. partial execution, full execution but with the associated waiting time, the whole order cancellation without adverse consequences for the Customer). A partial order shall be executed after acceptance of this option by the Customer and the difference between the amount of the full order and the amount of the partial order shall be reimbursed.
§ 8 RETURN OF PRODUCTS – CANCELLATION OF THE CONTRACT
1. Every product bought in our Shop may be returned within 14 days from the date of its receipt without giving reasons. To abide by the above-mentioned deadline it is enough to send a statement on cancellation of the contract by traditional mail or by email.
2. As a rule, a natural person not being a consumer and legal persons do not have the right to cancel a contract, unless the parties agreed otherwise.
3. In the event of cancellation of a distance contract it shall be considered not concluded. Any performances of the parties shall be returned in unchanged condition, unless a change was necessary in the ordinary course of business. The return should be made immediately, not later than within 14 days from the day of receipt by the Shop of the statement on cancellation of the contract.
4. The Customer shall bear liability for decrease of the value of the Product as a result of use thereof in a manner outside the manner necessary to determine the nature, features and functioning of the Product.
5. A consumer shall not be entitled to cancel a distance contract in the case of the following contracts:
a) provision of services, if the Shop performed the service in full upon express consent of the consumer who was informed before initiation of performance that after performance by the Seller the consumer will lose the right to cancel the contract;
b) in the case of which the price or remuneration depends on fluctuations in the financial market over which the Shop does not have control, and which may occur before the deadline to cancel the contract;
c) in the case of which the subject of performance is a non-prefabricated Product made to the Consumer’s specifications or serving to satisfy the Consumer's individualised needs;
d) in which the subject of performance is a Product which is liable to deteriorate or expire rapidly;
e) in which the subject of performance is a product delivered in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package was opened after delivery;
f) in which the subject of performance are Products which after delivery, due to their nature, are inseparably combined with other things;
g) in which the subject of performance constitutes alcoholic beverages, the price of which was agreed at the conclusion of the Contract of Sale and whose delivery may take place only after 30 days and the value of which depends on fluctuations in the market over which Seller has no control;
h) in which the consumer specifically demanded Seller to come to the consumer to perform urgent repairs or maintenance; if the Seller provides additional services other than those whose performance consumer demanded or provides Products other than replacement parts necessary for repair or maintenance, the consumer has the right to cancel the contract with reference to additional services or Products;
i) in which the subject of performance constitutes sound or visual recordings or computer programmes delivered in a sealed package, if the package was opened after delivery;
j) delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
k) concluded by way of public auction;
l) provision of services regarding accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract stipulates the day or period of performance of the services;
m) provision of digital content that is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to cancel the contract and, after receiving information from the Seller of the loss of the right to cancel the contract.
6. We accept only products bought in our Shop (it is necessary to attach proof of purchase, e.g. copy / original receipt, invoice or confirmation of payment or other proof of purchase provided for in legal provisions).
7. The purchased product should be returned to the address: KFD, Arkady Wrocławskie, ul. Powstańców Śląskich 52-54, level 0, 53-333 Wrocław, Poland.
8. A product returned by the Customer should be packed in an appropriate way, to ensure no damage to the shipment during transport.
9.. The product is returned at the expense of the Customer.
10. The amount resulting from the value of the products shall be refunded within 14 days from receipt of the Customer's statement on cancellation of the contract and of returned products. Whereas the products shall be returned in the cheapest conventional manner of delivery of goods available in the Shop. Money shall be refunded using the same method of payment which was used by the Customer, unless the Customer consents to other method of refund.
§ 9 COMPLAINTS
1. Every product purchased in the Shop is covered by the seller's implied warranty and shall be replaced if:
a) it is defective (the Shop is released from liability under the implied warranty, if the Customer knew about the defect at the time of conclusion of the Contract of Sale);
b) does not comply with the contract;
c) has been damaged during delivery.
2. The product being the subject of a complaint should be returned to the address: KFD, Arkady Wrocławskie, ul. Powstańców Śląskich 52-54, level 0, 53-333 Wrocław, Poland.
3. The shop shall reply to the Customer's request immediately, not later than within 14 days. Reply concerning the complaint shall be sent to the address specified by the Customer or in other manner indicated by the Customer.
4. If the Product is defective, the Customer may:
a) submit a statement on reduction of the price or cancellation of the Contract of Sale, unless the Shop immediately and without excessive inconvenience for the Customer replaces the defective product with a non-defective one or removes the defect. This limitation shall not apply if the product has already been replaced or repaired by the Shop or if the Shop failed to fulfil the obligation to replace the product with a non-defective one or to remove the defect. The Customer may demand replacement of the product with a non-defective one instead of removal of the defect proposed by the Shop or demand removal of the defect instead of replacement of the product, unless making the product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Shop. When assessing if the costs are excessive one shall take into account the value of the product free from defects, the type and importance of the discovered defect, as well as inconvenience to be experienced by the Customer in the event of other manner of satisfaction of the claim.
b) demand replacement of the defective product with a non-defective one or removal of defect. The Shop shall replace the defective product with a non-defective one or remove the defect within reasonable time without excessive inconvenience for the Customer. The Shop may refuse to fulfil the Customer's demand if making the defective product compliant with the Contract of Sale in the manner selected by the Customer is impossible or would require excessive costs as compared to the other possible manner of making the product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Shop.
The Customer (both the Consumer and non-Consumer) exercising the rights under the implied warranty shall deliver the defective product to the address of the Shop. If the Customer is a Consumer the delivery cost shall be incurred by the Shop.
5. The Shop shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before the time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon ineffective expiry of the time-limit for replacement of the Product or removal of the defect.
6. If the Shop fails to respond to the complaint within 14 days as from the day of receipt thereof, it shall deemed that the complaint has been found justified.
7. In the case of a natural person not being a consumer or a legal person the provisions on the implied warranty shall apply, i.e. point 4 et seq. of these terms and conditions and Article 556 et seq. of the Civil Code.
8. Products sold by the Shop may be covered by a guarantee granted by the producer or distributor of the Products.
9. In the case of Products covered by the guarantee information regarding the existence and content of the guarantee shall be always presented on the Shop Website.
§ 10 TERMINATION OF THE CONTRACT (NOT APPLICABLE TO ORDERS/CONTRACTS OF SALE)
1. Either party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other Party before termination of the above-mentioned contract and the provisions below.
2. The Customer who has registered, may terminate the contract for the provision of electronic services by demanding the Shop to remove the Customer Account, using any means of distance communication, allowing the Shop to get acquainted with the Customer's declaration of intent.
3. The Shop may terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during registration of the account at the Shop.
§ 11 AMENDMENTS TO THE TERMS AND CONDITIONS
1. The Shop reserves the right to amend the Terms and Conditions. Amendments shall come into force after 14 days from the date of publication thereof on the website of the Shop.
2. In the event of amendment of the Terms and Conditions, introduced amendments shall be visible on the Shop website for 14 days, and every registered Customer shall be informed by the Shop by sending to the email address provided by the Customer in the registration form a notification about the amendments introduced to the Terms and Conditions.
3. If the registered Customer does not accept the new content of the Terms and Conditions, the Customer shall be obliged to notify this fact to the Shop within 14 (seven) days from the date of notification of amendments to the Terms and Conditions.
4. Amendments to the Terms and Conditions shall not in any way infringe the acquired rights of the Customer being a consumer and using the Online Shop before the day of entry of amendments into force, in particular amendments to the Terms and Conditions shall not affect the already placed Orders, concluded or performed Contracts.
§ 12 FINAL PROVISIONS
1. In all matters not provided for herein, the provisions of Polish law shall apply.
2. Every Customer may use non-judicial complaint and redress mechanisms. The Customer may use mediation in this scope. Lists of permanent mediators and existing mediation centres are provided and made available by Presidents of competent regional courts.
3. The Customer is entitled to submit to the voivodeship inspector of the Commercial Inspection a request requests for the conduct of a mediation procedure to seek to achieve amicable settlement of the dispute between the Customer and the Shop. Information about the rules and procedures for mediation conducted by the voivodeship inspector of the Commercial Inspection is available in the registered offices and on websites of respective Voivodeship Commercial Inspection Inspectorates.
4. The Customer may receive free assistance regarding resolution of the dispute between the Customer and the Shop, also using free assistance of the poviat (municipal) Consumer Ombudsman or a social organisation whose statutory tasks include protection of consumers.
5. The Shop endeavours to first resolve disputes with the Consumer in amicable manner; in the event such form does not succeed, the competent court for resolution of disputes shall be the court having territorial jurisdiction according to applicable legislation.
6. In the event of disputes between the Shop and a natural person not being a consumer or a legal person the court having territorial jurisdiction shall be the court of the court having territorial jurisdiction over the registered seat of the Shop.
These Terms and Conditions shall enter into force as from 21 January 2015.