Terms

General provisions

Online Shop available at the online address http://www.kal-store.com/ is run by the company Czarnocki, Wawrzyniak, 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 “Buy and 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:

  • online payment or payment card via the selected Payment Operator.

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.

Personal Data Protection

Detailed information on processing personal data of Customers are specified in „Privacy Policy”, available at: https://kal-store.com/privacypolicy, 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 by sending a statement via e-mail to the following address: [email protected] or in writing to the following address: Czarnocki, Wawrzyniak, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw, Poland.

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, Wawrzyniak, 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.

Any disputes arising between the Seller and Customer, who is a consumer, 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 not a consumer in view of the law, shall be settled by a common court having jurisdiction over the seat of the Seller.

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.

Competition Regulations

General provisions

The organizer of the Competition (hereinafter: “Competition”) is Czarnocki, Wawrzyniak, Jeżak Pragmatic Studio Spółka jawna with its registered office in Warsaw, address: Marszałkowska 58, 00-545 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register under the number KRS: 0000802219, NIP: 7010943698, REGON: 384283581, e-mail address: [email protected] (hereinafter: “Organizer”).

These Regulations (hereinafter: “Regulations”) define the conditions of participation in the Competition and the rights and obligations of the Organizer and participants of the Competition (hereinafter: “Participant”).

The competition is conducted via the organizer’s profile on Facebook (https://www.facebook.com/kalstorecom) and Instagram (https://www.instagram.com/kalstorecom/).

The competition runs from November 23, 2019, from 00:01 to January 31, 2020, to 23:59. The competition is divided into weekly stages, ending every Friday during the Competition.

The Regulations of the Competition are available throughout its duration at: https://kal-store.com/regulamin.

The competition is not a game of chance within the meaning of the Act of 19 November 2009 on gambling.

The competition is not sponsored, supported or organized by Facebook and Instagram in any way. The organizer completely releases Facebook and Instagram from any liability towards the Competition Participants.

Contest Participants

Participants of the Competition may be adult natural persons with full legal capacity.

Participants of the Competition may not be the employees of the Organizer and persons providing services to the Organizer on the basis of civil law contracts, as well as family members of employees and associates of the Organizer.

Before participating in the Competition, the Participant should read the Regulations.

Participation in the Competition is voluntary and free.

The participant undertakes to provide true data.

Conditions for participation in the Competition

The condition of participation in the Competition is acceptance of these Regulations. Accepting the Regulations is voluntary, however, its absence prevents participation in the Competition.

The competition task is to put on the Participant’s profile on the Facebook or Instagram social network a photo marked with the hashtag #getkal, showing the place where the Participant would like to hang the calendar being the Prize in the Competition (hereinafter: “Competition work”).

The competition entry may not violate generally applicable law, contain vulgarisms, phrases considered offensive or that may in any way offend feelings or beliefs of third parties, as well as may not infringe the copyrights of third parties, personal rights of third parties and the protection rights to trademarks of entities who have these rights.

By entering the Competition and submitting the Competition Entry, the Participant declares that he is the author of the Competition Entry and has full property copyrights to it.

If the Competition Entry contains the Participant’s image, the Participant agrees to publish his image for purposes related to the organization and settlement of the Competition. The participant undertakes at the same time not to violate the right to someone else’s image.

Organizer’s rights

The Organizer has the right to exclude a Participant from participating in the Competition if the Participant or his Competition work does not meet the conditions set out in these Regulations.

The organizer reserves the right to change the duration of the Competition. This information will be immediately sent to Participants.

Competition results

Every Friday during the Competition, the Organizer will select one Winner from all Competition Works submitted by that date, via Facebook and Instagram.

Only Entries that meet the conditions set out in these Regulations are subject to evaluation.

The results of the Contest will be announced by providing the post of the Participant containing the Contest Work in relation on the Organiser’s profile on Facebook or Instagram and designation of the Winner using the name of his account on Facebook or Instagram.

The Participant of the Competition who will be awarded will be informed about it in the manner referred to in paragraph 3. The participant should attempt to contact the Organizer to provide the data necessary to transfer the Prize, via a private message on Facebook or Instagram, within 7 days from the date of posting information about the results of the Competition, as described in paragraph 3. In the event the Participant fails to contact within the specified time, the Organizer will select another Winner.

Publishing information in the manner referred to in paragraph 3 is tantamount to informing Participants about the result of the Competition.

Awards

The prize in the Competition is a wall calendar worth 129.00 PLN. One winner will be selected at each stage of the Competition and one Prize will be awarded.

The participant is not entitled to exchange the prize for cash.

The Organizer declares that the Competition is organized in the field of art, and the one-time value of the Awards under the Competition does not exceed PLN 2,000 referred to in art. 21 section 1 point 68 of the Act of July 26, 1991. on personal income tax. The value of the prize is therefore free of personal income tax.

Copyright

The organizer acquires the proprietary copyrights to the winners of the Competition Competition entries, pursuant to art. 921 § 3 of the Civil Code, in the following fields of operation:

  • recording and reproduction – production of copies of the work using a specific technique, including printing, reprographic and magnetic recording techniques as well as digital technique;
  • recording and reproduction in computer memory, on computer disks and all types of media intended for digital recording, in such a way that the works can be made available in computer networks and the Internet, as well as recording and reproduction using photosensitive technique and computer recording technique on media adapted to this form of writing;
  • placing on the market, lend or rent the original or copies;
  • public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at the place and time of their choice.

The transfer of copyrights also includes the right to exercise dependent copyrights on all or part of the Competition Entry. The winner of the Competition is not entitled to any additional remuneration for the transfer of copyrights.

The organizer has the right to anonymously disseminate the awarded Competition Entries, the right to decide on the first making the awarded Competition Entries available to the public, as well as the right to supervise the use of them.

Personal data

The administrator of the Participants’ personal data is the Organizer.

Participants’ personal data will be processed for the following purposes and on the following legal grounds:

  • settlement of the competition (art.6 par.1 lit.f RODO),
  • archiving (evidentiary purposes) in the event of a legal need to prove facts, which is the Administrator’s legitimate interest (Article 6 (1) (f) of the GDPR),

Participants’ personal data may be transferred to entities that the Organizer entrusted with processing personal data on the basis of contracts and entities authorized to obtain personal data on the basis of legal provisions.

Participants’ personal data will be stored until it is settled, unless their further storage is justified by the period of limitation of claims or archiving purposes set out in special provisions, such as the Accounting Act.

The participant has the right to:

  • access to your personal data and receive a copy of the personal data being processed;
  • rectify your incorrect data;
  • request deletion of data (right to be forgotten) in the event of circumstances provided for in art. 17 GDPR;
  • requests to limit data processing in the cases indicated in art. 18 GDPR;
  • object to data processing in the cases indicated in art. 21 GDPR;
  • transfer of delivered data processed in an automated manner.

The participant has the right to lodge a complaint with the President of the Office for Personal Data Protection

Providing personal data by the Participant is completely voluntary, however, failure to provide it prevents the Participant from participating in the Competition.

Your personal data will not be subject to processes that would lead to automated decision making, including profiling.

Complaints

Complaints related to the course of the Competition may be submitted by the Participant via e-mail to the following address: [email protected] or in writing to the following address: Czarnocki, Wawrzyniak, Jeżak Pragmatic Studio Sp.j., Marszałkowska 58, 00-545 Warsaw.

The Organizer will consider the complaint within 30 days of its receipt, informing the Participant immediately about its results.

It is recommended that the complaint contain at least the name and surname of the Participant, telephone number and address of the Participant.

Final Provisions

These Regulations may be changed during the Competition for important organizational and legal reasons. However, these changes will not affect the rights of the Competition Participants already acquired.

If any of the provisions of these Regulations is found to be unlawful, invalid or otherwise unenforceable to the extent provided by law, it shall be excluded in this regard. The remainder of the Regulations remain in force.

To the extent not regulated by the Regulations, the provisions of the Civil Code shall apply.