Terms of use
These Terms and Conditions define the general terms, conditions, and method of sale conducted by Karolina Kalska, based in Gdynia, through the online store www.sklep.k-kalska.com (hereinafter referred to as the "Online Store").
§ 1 Definitions
Customer - means the entity with which a Sales Agreement may be concluded through the online store www.sklep.k-kalska.com, in accordance with the Terms and Conditions and applicable law.
Consumer - means a natural person entering into a legal transaction with the entrepreneur that is not directly related to their business or professional activity.
Supplier - means the entity with which the Seller cooperates in the Delivery of Goods:
a) a courier company;
Password - means a sequence of letters, numbers, or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
Business Days - means weekdays from Monday to Friday, excluding public holidays.
Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, through the Supplier.
Customer Account - means a panel individually set up for each Customer by the Seller after the Customer has registered and concluded the Customer Account service agreement.
Login - means the Customer's individual identification, established by the Customer, consisting of a sequence of letters, numbers, or other characters, required, along with the Password, to create a Customer Account in the Online Store. The Login is the Customer's actual email address.
Entrepreneur - means a natural person, legal entity, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in its own name and performing a legal act directly related to its business or professional activity.
Terms and Conditions - means these terms and conditions.
Registration - means the actual act performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Store.
Seller - means Kalska Sp. z o. o., with its registered office in Gdynia, Tax Identification Number (NIP): 586-237-76-33, which is also the owner of the Online Store www.sklep.k-kalska.com.
Store Website - means the websites under which the Seller operates the Online Store, operating under the domain www.sklep.k-kalska.com.
Product - means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
Sales Agreement - means a sales agreement concluded remotely, under the terms and conditions set out in the Terms and Conditions, between the Customer and the Seller.
§ 2 General Provisions and Use of the Online Store
All rights to the Online Store, including copyrights, intellectual property rights to its name, its internet domain, the Store Website, as well as templates, forms, and logos posted on the Store Website (excluding logos and images presented on the Store Website for the purpose of presenting goods, the copyrights of which belong to third parties), belong to the Seller, and may only be used in the manner specified in and in accordance with the Terms and Conditions and with the Seller's written consent.
The Seller will endeavor to ensure that the Online Store is accessible to internet users using all popular internet browsers, operating systems, device types, and internet connection types. The minimum technical requirements for using the Store Website are a web browser with Javascript enabled, accepting cookies, and an internet connection with a bandwidth of at least 1024 kbps.
The Seller uses cookies, which are saved by the Seller's server on the hard drive of the Customer's end device when Customers use the Store Website. Cookies are used to ensure the proper operation of the Store Website on Customers' end devices. This mechanism does not damage the Customer's end device and does not cause any configuration changes to Customers' end devices or the software installed on these devices. Each Customer may disable cookies in their end device's web browser. The Seller points out that disabling cookies may, however, cause difficulties or prevent the use of the Store Website.
To place an order in the Online Store via the Store's Website and to use the services provided electronically via the Store's Website, the Customer must have an active email account.
The Customer is prohibited from providing illegal content or using the Online Store, the Store's Website, or free services provided by the Seller in a manner that is contrary to the law, good practice, or infringes upon the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized access and modification of Customer data. Therefore, Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus software and identity protection software. The Seller will never ask the Customer to provide a Password in any form.
§ 3 Registration
To create a Customer Account, the Customer is required to complete a free Registration.
Registration is not required to place an order in the Online Store.
To register, the Customer must complete the registration form provided by the Seller on the Store's website and submit the completed registration form electronically to the Seller by selecting the appropriate function within the registration form.
When completing the registration form, the Customer has the opportunity to review the Terms and Conditions and accept their content by checking the appropriate box on the form.
During registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box on the registration form. In such a case, the Seller clearly informs them of the purpose of collecting the Customer's personal data, as well as any known or anticipated recipients of such data.
The Customer's consent to the processing of their personal data for marketing purposes does not condition the conclusion of a contract with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration to the Seller. This declaration may, for example, be sent to the Seller's address via email.
After submitting the completed registration form, the Customer will immediately receive a Registration confirmation from the Seller via email to the email address provided in the registration form. At this point, a contract for the electronic provision of the Customer Account Management service is concluded, and the Customer will be able to access the Customer Account and make changes to the data provided during Registration.
§ 4 Orders
The information contained on the Store's Website does not constitute an offer from the Seller within the meaning of the Civil Code, but merely an invitation to Customers to submit offers to conclude a Sales Agreement.
The Customer may place orders in the Online Store via the Store's Website 7 days a week, 24 hours a day.
A Customer placing an order via the Store's Website completes the order by selecting the Product(s) they are interested in. Product(s) are added to the order by selecting the "ADD TO CART" button under the Product(s) presented on the Store's Website. After completing the order, the Customer selects the "ORDER" button from the "CART" level. After selecting the "ORDER" button, the customer proceeds to specifying the Payment Method, Shipping Method, and Delivery Address.
After selecting the payment method, shipping method, and entering the delivery address, the customer selects the "ORDER AND PAY" button.
Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
After placing the order, the Seller sends a confirmation of its placement to the email address provided by the Customer.
Next, after confirming the order, the Seller sends a notification of acceptance of the order to the email address provided by the Customer. The notification of acceptance of the order constitutes the Seller's declaration of acceptance of the offer referred to in §4.4 above, and upon its receipt by the Customer, the Sales Agreement is concluded.
After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's email address or in writing to the address provided by the Customer during Registration or ordering.
Due to the fact that our designs are hand-sewn, the order processing time is 14 business days.
§ 5 Payments
The prices listed on the Store's Website next to a given Product are gross prices and do not include information about Delivery costs and any other costs that the Customer will be required to bear in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery method and placing an order.
The Customer may choose the following forms of payment for the Goods ordered at k-kalska.com:
a) bank transfer via the external payment system ‘Przelewy24’ operated by DialCom24 Sp. z o.o. with its registered office in Poznań (in this case, the order will be processed after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from the ‘Przelewy24’ payment system about the payment made by the Customer and the correct authorisation of the payment);
b) cash on delivery, payment to the Supplier upon Delivery (in this case, the order will be processed after the Seller sends the Customer confirmation of order acceptance);
The Customer is always informed by the Seller on the Store's Website about the deadline by which they are obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.
In the event of the Customer's failure to make the payment within the time limit referred to in §5(3) of the Terms and Conditions, the Seller shall set an additional time limit for the Customer to make the payment and shall inform the Customer thereof on a Durable Medium. The information about the additional deadline for payment shall also include information that after the ineffective expiry of this deadline, the Seller shall withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for payment, the Seller shall send the Customer a statement of withdrawal from the Agreement on a Durable Medium pursuant to Article 491 of the Civil Code.
§ 6 Delivery
The Seller is obliged to deliver the Goods covered by the Sales Agreement without defects.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of dispatch of the Goods to the Customer, information confirming the dispatch of the shipment by the Seller is sent to the Customer's e-mail address.
The Customer should inspect the delivered shipment in a timely manner and in a manner customary for shipments of this type, in the presence of the Supplier's employee. If the shipment is found to be missing or damaged, the Customer has the right to request that the Supplier's employee draw up an appropriate report.
The Seller, in accordance with the Customer's wishes, shall enclose a receipt or VAT invoice for the delivered Goods with the shipment being the subject of the Delivery.
If the Customer is not present at the address indicated by them when placing the order as the Delivery address, the Supplier's employee shall leave a delivery notice or attempt to contact them by phone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Delivery Company, the Seller shall contact the Customer by e-mail or telephone to re-arrange the date and cost of Delivery with the Customer.
§ 7 Warranty
The Seller guarantees the delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
If the Goods have a defect, the Customer may:
a) submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods free from defects or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the Goods with non-defective ones or to remove the defects. Instead of the removal of the defect proposed by the Seller, the Customer may demand that the Goods be replaced with Goods free from defects or, instead of replacing the Goods, demand that the defect be removed, unless bringing the Goods into compliance with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive nature of the costs, the value of Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction shall be taken into account.
b) demand replacement of the defective Goods with Goods free from defects or removal of the defect. The Seller shall be obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or if, compared to the other possible method of bringing the Goods into compliance with the Sales Agreement, it would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
A Customer who exercises their rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by the Seller.
The Seller shall be liable under the warranty if a physical defect is found within two years of the delivery of the Goods to the Customer. The claim for removal of the defect or replacement of the Goods with defect-free Goods expires after one year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement on price reduction due to a defect in the Goods. If the Customer requested replacement of the Goods with defect-free Goods or removal of the defect, the period for withdrawing from the Sales Agreement or submitting a statement on price reduction shall commence upon the ineffective expiry of the period for replacement of the Goods or removal of the defect.
§ 8 Complaints
Any complaints related to the Goods or the performance of the Sales Agreement may be submitted by the Customer in writing to the Seller's address.
Within 14 days of receiving the complaint, the Seller shall respond to the complaint regarding the Goods or the performance of the Sales Agreement submitted by the Customer.
The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to karolinakalska@gmail.com. The Customer should include a description of the problem in the complaint. The Seller shall consider the complaint and respond to the Customer immediately, but no later than within 14 days.
§ 9 Warranty
Goods sold by the Seller may be covered by a warranty provided by the manufacturer of the Goods.
In the case of Goods covered by a warranty, information about the existence and content of the warranty is presented on the Store's Website.
§ 10 Withdrawal from the Sales Agreement
A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the Sales Agreement begins when the Consumer takes possession of the Goods.
The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement may be submitted in writing to the Seller's address or by email to the Seller's address. To meet the deadline, it is sufficient to send the statement before its expiry.
The Seller shall immediately confirm to the Consumer receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.
If the Consumer has submitted a statement of withdrawal from the Sales Agreement before the Seller has accepted his offer, the offer shall cease to be binding.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, return to him all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until the Goods are returned or the Customer provides proof of return of the Goods, whichever occurs first.
If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by him.
The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller's address before the expiry of that period.
In the event of withdrawal, the Customer who is a Consumer shall only bear the direct costs of returning the Goods.
If, due to its nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer about the costs of returning the Goods on the Store's Website.
The Consumer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics, and functioning of the Goods.
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.
The returned Goods shall be sent by courier to Kalska Sp. Z o o, Hryniewickiego 6/8 81-340 Gdynia.
§ 11 Free services
The Seller provides the following free services to Customers via electronic means:
a) Contact form;
b) Newsletter;
c) Customer Account management;
The services specified in §11(1) above are provided 7 days a week, 24 hours a day.
The Seller reserves the right to select and change the type, form, time, and manner of providing access to the selected services, of which it shall inform Customers in a manner appropriate for amendments to the Terms and Conditions.
The Contact Form service consists of sending a message to the Seller using the form provided on the Store's Website.
You can opt out of the free Contact Form service at any time by simply stopping sending inquiries to the Seller.
The Newsletter service is available to any Customer who enters their email address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer immediately receives confirmation from the Seller by email to the email address provided in the registration form. At this point, a contract for the provision of the Newsletter service by electronic means is concluded.
During Registration, the Customer may additionally tick the appropriate box in the registration form in order to subscribe to the Newsletter service.
The Newsletter service consists of the Seller sending electronic messages to the email address containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all Customers who have subscribed to it.
Each Newsletter sent to Customers contains, in particular: information about the sender, a completed “subject” field specifying the content of the message, and information about the possibility and method of unsubscribing from the free Newsletter service.
The Customer may unsubscribe from the Newsletter at any time by clicking on the link provided in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer's Account.
The Customer Account service is available after Registration in accordance with the rules described in the Terms and Conditions and consists of providing the Customer with a dedicated panel on the Store's Website, enabling the Customer to modify the data provided during Registration, as well as to track the status of orders and the history of orders already completed.
A Customer who has registered may request the deletion of their Customer Account from the Seller, and if the Seller receives a request to delete a Customer Account, it may be deleted within 14 days of the request.
The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer violating the law or the provisions of the Terms and Conditions, as well as when blocking access to the Customer Account and free services is justified for security reasons - in particular: the Customer breaking the security of the Store's Website or other hacking activities. Blocking access to the Customer's Account and free services for the reasons mentioned above lasts for the period necessary to resolve the issue that is the basis for blocking access to the Customer's Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 12 Reporting threats or violations of rights
If a Customer or other person or entity believes that the content published on the Store's Website violates their rights, personal rights, good manners, feelings, morality, beliefs, principles of fair competition, know-how, secrets protected by law or under an obligation, they may notify the Seller of the potential violation.
The Seller, having been notified of a potential violation, shall take immediate action to remove the content causing the violation from the Store's Website.
§ 13 Protection of personal data
The Seller is the administrator of the personal data of Customers provided to the Seller voluntarily as part of Registration, placing a one-time order, and as part of the provision of services by the Seller via electronic means or under other circumstances specified in the Terms and Conditions.
The Seller processes Customers' personal data for the purpose of fulfilling orders, providing electronic services by the Seller, and other purposes specified in the Terms and Conditions. The data is processed solely on the basis of legal provisions or consent given by the Customer in accordance with applicable law.
The collection of personal data provided to the Seller is reported by the Seller to the General Inspector for Personal Data Protection.
The Customer provides their personal data to the Seller voluntarily, with the proviso, however, that failure to provide certain data during the Registration process prevents Registration and the creation of a Customer Account, and prevents the placement and fulfillment of the Customer's order in the case of placing an order without registering a Customer Account.
Anyone who provides their personal data to the Seller has the right to access and correct it.
The Seller ensures the possibility of deleting personal data from the database, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not settled all payments due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
The Seller protects the personal data provided to it and makes every effort to secure it against unauthorized access or use.
The Seller transfers the Customer's personal data to the Supplier to the extent necessary to complete the Delivery.
If the Customer chooses to pay via the “Przelewy24” payment system, their personal data is transferred to DialCom24 Sp. z o.o. with its registered office in Poznań to the extent necessary to process the payment.
§ 14 Termination of the agreement (does not apply to Sales Agreements)
Both the Customer and the Seller may terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party prior to the termination of the above-mentioned agreement and the provisions below.
A Customer who has completed Registration terminates the contract for the provision of electronic services by sending the Seller an appropriate declaration of intent, using any means of remote communication that allows the Seller to become acquainted with the Customer's declaration of intent.
The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate statement of intent to the e-mail address provided by the Customer during Registration.
§ 15 Final provisions
The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
The content of these Terms and Conditions may be recorded by printing, saving on a medium, or downloading from the Store's Website at any time.
In the event of a dispute arising from the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Terms and Conditions is Polish law.
Each Customer may use extrajudicial means of dealing with complaints and pursuing claims. In this regard, the Customer may use mediation. Lists of permanent mediators and existing mediation centers are provided and made available by the Presidents of the relevant District Courts.
The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of the new Terms and Conditions shall be executed on the basis of the Terms and Conditions in force on the date of placing the order by the Customer. Amendments to the Terms and Conditions shall enter into force within 7 days of their publication on the Store's Website. The Seller shall inform the Customer 7 days before the new Terms and Conditions come into force about the amendment to the Terms and Conditions by means of an electronic message containing a link to the text of the amended Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact, which results in the termination of the contract in accordance with the provisions of §14 of the Terms and Conditions.
