Definitions

The terms used in the Regulations mean:

• Shop / Online Shop– online shop run by the Seller, available at https://kal-store.com;
• Seller – Czarnocki, Jeżak Pragmatic Studio Sp.j. based in Warsaw, address: Marszałkowska 58, 00-545 Warsaw, registered in the Register of Entrepreneurs kept by the District Court in Warsaw, XII Commercial Department of National Court Register, under NCR /KRS/ number 0000802219, Taxpayer Identification Number /NIP/ 7010943698, Business ID /REGON/ 384283581, e-mail: [email protected];
• Customer – an individual, legal person, and organizational unit that does not have legal entity, which has the legal capacity awarded to it by the act, purchasing Products at the Online Shop,
• Registered Customer – a Customer using the Online Shop who has registered and created a Customer Account;
• Registration – an activity carried out by the Customer in the Online Store, consisting of completing the registration form to set up a Customer Account;
• Password – string of letters, numbers or other characters, specified by the Customer during Registration in the Online Shop, enabling access to the Customer Account and serving its security;
• Customer Account – an individual Customer account available after Registration and singing in, marked by a login and a password, used by the Customer to purchase Products at the Online Shop;
• Consumer – an individual person purchasing Products at the Online Shop for the purpose that is not in direct connection with his/her business or professional activity,
• Entrepreneur – a natural person, a legal person or an entity without legal personality purchasing Products at the Online Store as part of its business or professional activity; in the case of a natural person, an Entrepreneur is considered to be a natural person purchasing Products at the Online Store for the purpose directly related to his/her business activity, when the content of the agreement indicates that it is of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Business Activity Central Register and Information Record;
• Entrepreneur on the rights of a consumer – a natural person purchasing Products in the Online Store for the purpose directly related to his/her business, when the content of this agreement indicates that it is not of a professional nature for him/her, arising in particular from the subject of his/her business activity, made available on the basis of the provisions of the Business Activity Central Register and Information Record;
• Regulations – this document that specifies rights and obligations of the Seller and the Customer as well as conditions that regulate the submission of order and making purchases in the Online Shop and concluding Sales Agreements;
• Working days – weekdays from Monday to Friday, without public holidays;
• Cart – the service provided by the Seller in the Online Shop, under which Products added by the Customer to the Order are visible, enabling the submission and modification of the Order, as well as displaying the current value of the Order;
• Order – Customer’s declaration of will, constituting an offer to conclude a Sales Agreement submitted to the Seller by the Customer, made using the functionality of the Online Shop, containing information necessary to conclude and perform the Sales Agreement.
• Product – a movable item available in the Online Shop, intended for sale on the basis of a Sales Agreement concluded by the Seller with a Customer, using the functionality of the Online Shop;
• Sales Agreement – sales agreement within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of Products covered by the Order, the conditions of which are set out in the Regulations;
• GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
• Payment operator – it means an entity providing payment services in the Online Shop to Customers. The payment operator is the PayPal online payment service provider – PayPal (Europe) S.Ã.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg and the provider of online payment service PayU – PayU S.A., ul. Grunwaldzka 188, 60-166 Poznań, Poland and the provider of online payment service ApplePay – Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA as well as the provider of online payment service Stripe – Stripe Payments Europe, Ltd, The One Building, Lower Grand Canal St, Dublin 2, Ireland.

General provisions

Online Shop available at the online address https://kal-store.com is run by the company Czarnocki, Jeżak Pragmatic Studio Sp.j. based in Warsaw, address: Marszałkowska 58, 00-545 Warsaw, registered in the Register of Entrepreneurs kept by the District Court in Warsaw, XII Commercial Department of National Court Register, under NCR /KRS/ number 0000802219, Taxpayer Identification Number /NIP/ 7010943698, Business ID /REGON/ 384283581, e-mail: [email protected].

The Regulations determine rights and obligations of Customers and the Seller.

The Regulations have been written in the English language and are the standard contract according to regulations of the Act dated 23 April 1964 – the Civil Code.

In order to enter into contract with the Seller, the Customer can exercise his/her right to negotiate conditions of the contract before submitting an order. If the Customer does not exercise his/her right to negotiate, terms and conditions at hand are considered the content of the contract entered into by the parties.

The Customer can access Regulations at any time at: https://kal-store.com, and by saving them in any file format on the chosen data carrier.

If not stated explicitly otherwise in the commercial information, products offered by the Online Shop are new, free from physical and legal defects and have been legally introduced to the Polish market. This information obliges the Seller to provide the Customer with defect-free products.

These Regulations constitute an integral part of all sales contracts concluded by the Seller, including contracts concluded by means of an Order placed by e-mail or telephone.

Communication with the Seller carried out by the Customer results in incurring costs by him/her that come from contracts entered into by the Customer with third parties that allow him/her to use specific forms of communication. The Seller does not demand any other additional fees or charges for the possibility of communicating with him.

In the case of a dispute with the Seller, the consumer has the right to amicable settlement by:

• turning to a fixed arbitrary consumer court,
• mediation,
• turning to the Voivodeship Inspector of the Trade Inspection,
• turning to Consumer Federation,
• using the on-line system for settling disputes between consumers and entrepreneurs at the level of European Union available at http://ec.europa.eu/consumers/odr (ODR Platform)

Costumer Account

In order to create an account, the Customer registers via a form providing data asked from him/her in the registration form including, most of all, e-mail address, password, address and contact details.

The password for signing in to the Shop can include letters, numbers/ or special characters. The password is individual for every Customer. The password can be changed in the Customer Account by giving the requested e-mail address and a new password.

User login is the e-mail address of the Customer given by him/her during the registration process.

Creating Customer Account is free of charge and voluntary.

Registration is not required to submit an order at the Shop. The Customer can submit an order at the Online Shop without prior registration using the order form.

The Customer is obliged to give real personal data

Orders

Information on Products presented in the Online Shop are not an offer within the meaning of the regulations of the Civil Code, they are an invitation to enter into a Sales contract.

Submission of an order is an offer submitted to the Seller by the Customer in view of the Civil Code.

The Customer can choose between two ways of submitting orders:

• Submitting an order after prior registration via the Customer Account,
• Submitting an order without registration via the order form.

In order to submit an order, the Customer should add to his/her “Cart” the desired product. Adding a product to the “Cart” is not the same as submitting an order. Products can be freely deleted or added to the “Cart”.

The Customer who has the Customer Account, after signing in and final addition of products to the “Cart”, is directed to the order submission form to provide the way of delivery and payment method. Subsequently, the Customer is directed to the order summary page. The submitted order is realized by clicking “Buy and Pay”.

The Customer who does not have the Customer Account, after signing in and final addition of products to the “Cart”, is directed to the order submission form to provide the address, payment details, way of delivery and payment method. Subsequently, the Client is directed to the order summary page. The submitted order is realized by clicking “Buy and Pay”.

The condition of submitting an order is to familiarize oneself with and accept Regulations, which is confirmed by the Customer before submitting an order by ticking an appropriate field in the order form.

Pressing the “Pay” button means the Customer placing an Order with the obligation to pay

Information on the total value of an order, which includes the price of goods and costs of its delivery, is provided on the website of the Online Shop from time to time during the submission of an order. This information is provided before direct confirmation and submission of an order by the customer. The information includes total costs that the Customer has to pay together with proper taxes and costs of delivery.

After submission of an order, the Seller promptly sends to the Customer information about accepting the (offer acceptance) to the electronic mail address (e-mail) provided during the submission of an order or connected with the Customer Account. The Contract is concluded when the Seller sends to the Client information about accepting his/her order. Subject to provisions of paragraph 12, if the information about accepting the order (offer acceptance) is not sent within 48 hours since the moment of submitting the order, it means that the order (offer) hasn’t been accepted.

After placing the Order, the Customer will receive an e-mail entitled “Order confirmation”. This email is the acceptance of the customer’s offer. When the Customer is informed about the acceptance of the offer submitted by him, the Sale Agreement is concluded between the Seller and the Customer.

Payment and price

 The customer can pay for Products included in his/her Order by:

• cash (on delivery) when the goods are delivered by the carrier,
• online payment or payment card via the selected Payment Operator.

Electronic payments are handled by a payment Operator. Making a payment through a payment Operator requires to establish a separate legal relationship with the payment Operator and acceptance of its terms and conditions.

Prices included on the website of the Online Shop are gross prices in USD currency. Product price before adding to the “Cart” does not include delivery fees.

Subscription

One of the ways of making payments by the Customer for the Products offered in the Online Store is Subscription. Payment in the form of Subscription is available for selected Products, clearly marked in the Online Store.

The Subscription is concluded for an indefinite period of time (indefinitely).

In each year of the Subscription, the Customer will receive the Product subscribed by the Customer once, within 30 days from the Payment Date.

On the 1^st of September of each Subscription Year (or on the first business day thereafter), an amount equal to the value of the Product you have subscribed to will be automatically debited from your bank account (Payment Date).

The Customer may cancel the Subscription at any time, not later however than one day prior to the Payment Date, by unticking the “Annual Subscription” box in the Customer Account and then clicking on the “Cancel Subscription” button or by sending a cancellation notice to the following email address: [email protected]. If you cancel your Subscription after the Payment Date, your order will be processed under your paid Subscription.

If the Customer cancels the Subscription later than one day prior to the Payment Date, scheduled delivery will be made and the Customer’s bank account will be debited with an amount equal to the value of the subscribed Product.

The Customer may suspend the Subscription at any time, but no later than one day prior to the Payment Date, by unticking the “Annual Subscription” box in the Customer Account or by sending a notice of suspension to the email address [email protected]. In this case, the Customer’s bank account will not be debited with the amount corresponding to the value of the subscribed Product, and the next delivery will be made upon resuming the Subscription.

If the Customer suspends the Subscription later than one day before the Payment Date, the planned delivery will be made and the amount corresponding to the value of the subscribed Product will be debited from the Customer’s bank account.

In the event of earlier suspension, the Subscription may be resumed by re-ticking the “Annual Subscription” box in the Customer Account. After prior cancellation, the renewal of the Subscription requires to press the “Resume Subscription” button.

One week prior to the Payment Date, the Customer will receive an email informing about the upcoming Payment Date and scheduled delivery of the subscribed Product and the option to cancel or suspend the subscription or change the shipping date, no later than one day prior to the Payment Date.

If the funds cannot be debited from the Customer’s bank account, the Seller will attempt to debit the Customer’s bank account again. In the event of two unsuccessful attempts to debit the Customer’s bank account, the Seller has the right to suspend or terminate the Subscription. The Seller will inform the Customer about each case of inability to collect the funds, as well as suspension or termination of the Subscription.

Delivery

The Customer chooses the way of delivery from the ones available at the website of the Online Shop. Products are delivered to the address provided by the Customer in the order form. Deliveries are mad on Working days.

The delivery time is counted from the moment of obtaining a positive payment authorization.

Costs of Products delivery incurred by the Customer in addition to the price of goods are provided on the website of the Online Shop while submitting an Order.

At the moment of release the Product to the Customer, the benefits and burdens associated with the Product and the danger of its accidental loss or damage pass to the Customer. In the case of delivery carried out by a carrier or forwarding agent other than the Seller, the release of the Product is understood as entrusting it by the Seller to the carrier or forwarding agent, if the Customer is an Entrepreneur, as well as an Entrepreneur on the rights of a Consumer, or collecting the Product from the carrier or forwarding agent, if the Customer is a Consumer.

The Customer who is an Entrepreneur is obliged to check the condition of goods after delivery in the presence of a representative of the entity that carried out the delivery. In the case of discovering any damage to the delivery, the Entrepreneur is obliged to draft a relevant protocol.

It is recommended that the Customer who is the Consumer, as well as the Entrepreneur with consumer rights, to a reasonable degree, checked the goods after delivery and in the presence of n the presence of a representative of the entity that carried out the delivery. In the case of discovering any damage to the delivery, it is also recommended for the Consumer to draft a relevant protocol and promptly contact the Seller.

In the case of orders submitted by individuals who are not Consumers, if the Seller cannot realize the service because the ordered Product is not available, they are authorized to promptly, and not later than within thirty days since the day on which the contract was concluded, withdraw from the contract.

Right of withdrawal from agreement

The Customer who is a Consumer, as well as the Entrepreneur with consumer rights, who entered into the remote contract via the Online Shop, can withdraw from the contract within 14 days without giving any reason whatsoever.

The right to withdraw from the contract is not entitled to the Customer in the cases referred to in art. 38 of the Act of 30 May 2014 on Consumer Rights.

The deadline for the withdrawal starts on the day, on which the Customer became the owner of the goods or on which a third party indicated by him/her other than then carrier assumed the ownership of the goods. In order to meet the deadline, all that is required is to send a statement about withdrawal from the contract before the deadline.

The Customer can execute his/her right to withdraw from the sales contract by sending a filled and signed withdrawal from the contract form to: Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland or via e-mail: [email protected].

Executing the right to withdraw from the sales contract, the Customer can use the withdrawal from the contract form available at the website of the Online Shop that has also been sent to the as an attachment together with information about accepting the order. However, the use of this form is not obligatory.

In the case of withdrawal from the contract, the contract is deemed not entered into.

In the case of withdrawal from the contract, the Customer is obliged to promptly return the purchased goods, however not later than within 14 days after withdrawal from the contract. To meet the deadline, all that is required is to send the goods before 14 days to: Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland.

Return charges (send back charges) of the goods shall be incurred by the Customer.

The Seller shall return all payments to the Customer promptly and not later than within 14 days from the reception of the Customer’s withdrawal from the contract statement, including costs of delivery, excluding additional costs that result from the chosen way of delivery other than the cheapest, simple way of delivery offered by the Seller.

The Seller makes a return payment using the same method of payment previously used by the Customer, unless the Customer indicates a different form of return, unrelated with any costs, in the contract withdrawal statement.

The Seller can hold the return payment until the moment of receiving the returned goods or upon the delivery of proof that it has been sent, depending on which event occurs sooner.

Instructions on the right of withdrawal from the contract

The Customer who is a Consumer, as well as the Entrepreneur with consumer rights, may withdraw from the contract concluded through our online store within 14 days without giving any reason.

A consumer is a natural person purchasing products in an online store for a purpose not directly related to his business or professional activity.

An entrepreneur with consumer rights is a natural person purchasing products in an online store for purposes directly related to his business activity, when the content of this contract shows that it does not have a professional character for the entrepreneur, resulting in particular from the subject of his business activity, made available on the basis of the provisions of the Business Activity Central Register and Information Record.

The period of withdrawal from the contract ends after 14 days from the day of receiving the goods or from the day on which a third party indicated by you and other than the courier received the goods, or in the case of delivering many products that have been delivered separately, since the day you have acquired the last product or since the day a third party other than the courier and indicated by you has received the last product.

To exercise the right to withdraw from the contract, you have to inform us – Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland, e-mail address: [email protected], about your decision to withdraw from this contract by an unequivocal statement (for instance a statement sent by mail, fax, or e-mail).

You can use the template of the contract withdrawal form, however it is not obligatory.

To withdraw from the contract within the period provided for such action all you have to do is send us an information about exercising the right to withdraw from the contract before the period ends.

Outcomes of withdrawal from the contract

If you withdraw from the contract we shall promptly return all payments sent to us, including costs of delivery (except from additional costs that result from the chosen way of delivery other than the cheapest, simple way of delivery offered by us) and in each case not later than after 14 days from the day of receiving information about your decision to exercise the right to withdraw from this contract. Payment shall be returned the same way you made the initial payment, unless you have specifically agreed upon other solution; in each case you shall not incur any charges related to this return.

Depending on which event happens first, we can put off the return of payment either until products are returned to use or until a proof of sending them back is delivered to us.

Please promptly send the product to: Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland, and in any case not later than after 14 days from the day of informing us about your withdrawal from this contract. The deadline is valid if you send the product before 14 days pass.

You will have to incur direct costs of product return.

You are only responsible for lowering the value of a product in the case of using it in a way other than was necessary to determine the character, features and functioning of products.

You are not entitled to withdraw from the contract in the cases referred to in art. 38 of the Act of 30 May 2014 on Consumer Rights.

Complaints of the product

 The Customer who is the Entrepreneur, as well as the Entrepreneur with consumer rights, is not entitled to authority under warranty for defects of the sold goods.

The Seller is responsible for physical and legal damage of the sold goods to the Customer who is the Consumer, based on the regulations specified in art. 556 and the following ones of the Civil Code.

The claim can be submitted by the Customer who is the Consumer in writing to: Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland or via e-mail to: [email protected].

When submitting the claim, the Customer can use the customer claim form available at the website of the Online Shop, however it is not obligatory.

When submitting the claim without sing the claim form, the Customer shall at least provide the following information in the claim application:

• first name, surname, mailing details and contact data;
• information on date of concluding the contract and confirmation of its conclusion;
• information and circumstances concerning the subject of the claim, especially the type of defect and date on which it occurred;
• request about the way of reviewing the claim.

The Seller shall review and respond to the Customer’s claim promptly and not later than within 14 days since the day of its submission. If the Seller doesn’t respond within the provided period, it means that the Seller found the claim valid.

If the claim is not positively reviewed, the Customer shall be also notified whether the Seller agrees to settle the dispute outside of court. If the Seller agrees, the Customer shall be informed about the institution competent to settle the case outside of court.

Personal Data Protection

Detailed information on processing personal data of Customers are specified in „Privacy Policy”, available at: https://kal-store.com/privacy, which is an integral part of Regulations.

Provision of electronic services

The Seller provides the following electronic services via the Online Shop:

• creating and running Customer Account;
• enabling the submission of Order and conclusion of the Sales Agreement;
• enabling the use of the Cart;
• Newsletter;
• sharing data and materials in the Online Shop, including information about Products.

Technical requirements necessary to work with the IT system by which the Seller provides electronic services:

• a PC computer or other device enabling the use of the Online Shop;
• access to the Internet;
• active e-mail account;
• web browser.

The Customer mustn’t provide content that is illegal.

The contract for the provision of electronic services is concluded when the Customer creates a Customer Account, when subscribing to the Newsletter service, and when you start using a given functionality of the Online Shop enabling the use of a specific electronic service.

The contract for the provision of electronic services consisting in the creation and running of a Customer Account in the Online Shop, as well as the provision of the Newsletter service, are concluded for an indefinite period. In respect of other electronic services provided through the Online Shop, the contract for the provision of these services is concluded for an indefinite period and terminates at the time and by the Customer ceasing to use the given electronic service and without having to submit additional statements.

The Customer may terminate the contract at any time and without giving reasons, referred in point 4 and 5, by sending a statement via e-mail to the following address: [email protected] or in writing to the following address: Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland. A Customer who is a Consumer, as well as the Entrepreneur with consumer rights, may also withdraw from the contract referred to in sections 4 and 5 within a period of 14 without giving any reason, under the conditions specified in § 6.

The Customer may file a complaint regarding the services provided electronically by the Seller via e-mail to the following address: [email protected] or in writing to the following address: Czarnocki, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland.

The Seller shall review the claim within and not longer than 30 days since its reception, promptly informing the Purchaser about the outcome.

Final provisions

Customers can access Regulations at any time via the link on the website of the Online Shop. Regulations can be recorded, obtained, and restored by printing or saving it on an appropriate data carrier.

The provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on Consumer Rights. In the event of any unintended non-compliance of the Regulations with the above provisions, priority is given to these provisions and they are applied by the Seller.

If any of the provisions of Regulations shall be deemed contrary to the law, invalid or in any other way impossible to exercise in the view of the law, then it is excluded within the meaning of the law. The remaining Regulations are in force.

The Seller can change the provisions of Regulations after informing the Customer by publishing a uniform text of Regulations on the website of the Online Shop. Changes of Regulations or its new content enters into force after 14 days from the date of publishing the new content of Regulations on the website of the Online Shop.

An order submitted during the period of validity of the former version of Regulations shall be carried out according to its provisions.

All graphic elements of the Online Shop, technical solutions used in it, elements of content, the way in which graphic elements and content are presented (layout), as well as software, databases and other materials placed as part of the Online Shop are subject of copyright Seller and are protected in accordance with the law.

In order to use the Online Shop, the Seller grants Customers a non-exclusive, non-transferable, non-transferable, license granted for the time of using the Online Shop to use the Online Shop. Under the granted license, the User is only entitled to temporarily multiply the Online Shop by displaying it in a web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Regulations..

Terms and Conditions are regulated by the Polish law.

The choice of a Polish law pursuant to these Regulations does not deprive the Consumer of the protection granted to him/her under provisions that cannot be excluded by way of an agreement between the Seller and the Consumer under the law which would be appropriate under the applicable regulations in the absence of choice.

Any disputes arising between the Seller and Customer, who is a Consumer, as well as the Entrepreneur with consumer rights, shall be settled by a common court in accordance with regulations of the Code of Civil Procedure.

Any disputes arising between the Seller and Customer, who is Entrepreneur, shall be settled by a common court having jurisdiction over the seat of the Seller.