Terms of Service
REGULAMIN SKLEPU INTERNETOWEGO WWW.TRYKOT.COM
Table of content
§1 General provisions
§ 2 Provision of Electronic Services
§ 3 Conclusion of the sales agreement
§ 4 Payment, Delivery, Receiving Goods
§ 5 Personal Data
§ 6 Complaints
§ 7 Withdrawal from the Agreement
§ 8 Final provisions
1.1. These Terms of Service (hereinafter referred to as “Terms of Service“) set forth the principles of use of the TRYKOT.COM online store by Customers and in particular regulates:
conditions of concluding and performing sales agreements;
conditions of providing services electronically;
principles of exercising by the Consumers the right to withdraw from the agreement without giving any reason;
principles and procedures of the complaint procedure.
1.2. Definition of terms used in the Terms of Service:
Online store – online shop operating at the address: www.trykot.com
Service Provider, Vendor, Data Controller –
CRAFT Izabela Kot-Gawrylczyk
Ul. Skalbmierska 4 premises 15
01-844 Warsaw
VAT ID (NIP) 1181534874
Customer – a natural person, legal person or organizational unit without legal personality, who uses the service provided electronically by the Service Provider, who wishes to conclude or has concluded a sales agreement with the Vendor;
Consumer– a natural person making a legal transaction with the Seller not directly connected with his/her economic or professional activity;
Order – Customer’s expression of intent to conclude an agreement. Properly placing an Order by the Customer results in receiving a message to the e-mail address provided during order placement/registration, confirming that the order has been placed in the shop (§. 3.7 of the Terms of Service);
Service provided electronically – a free service consisting of: maintaining a client profile (in the case of registered customers), providing customers with an order form (in the case of customers who are not registered). In the event of doubt, all the activities that the Service Provider will carry out in order to properly handle the processes listed in the first sentence shall also be considered electronically supplied services;
Registration – setting up a Client Profile in the Online Store system. In order to register, the registration form must be filled in. Correctly completed registration form will result in an automatic email message sent by the Vendor’s system informing about activation of the Profile.
Price – the price the Customer of the shop will be obliged to pay for selected products in case of concluding a sales agreement. The price may be expressed in the following currencies: Polish Zloty (PLN). The price is a gross price (including the due VAT). Prices in the online shop do not include shipping costs, which are indicated in the course of placing an order in the Store. The Vendor guarantees that the price indicated during the order placement shall not change during the performance of the sales agreement concluded on the basis of the placed order.
Delivery – entrusting by the Vendor the products intended for the Customer to a third party for delivery. The Vendor undertakes to properly pack and insure the shipped products. The Vendor entrusts the delivery of its products only to specialised courier companies running a professional business in this field.
1.3 Electronic correspondence relating to the operations of the online store should be sent to the e-mail address:
factory@trykot.com
whereas traditional (postal) correspondence should be sent to the following address:
CRAFT Izabela Kot-Gawrylczyk
ul. Wazów 9
05-126 Nieporęt
1.4 A Customer of the Online Store can be – a natural person, a legal person or an organizational unit without legal personality, who uses the service provided electronically by the Service Provider, who wants to conclude or has concluded a sales agreement with the Vendor.
1.5 Orders are executed only in Poland. In order to place an Order including shipping abroad, please contact the Vendor individually.
1.6 The prices in the Online Store are expressed in Polish Zlotys and include VAT (gross prices). Prices do not include possible shipping costs, which depend on the method of payment and delivery chosen by the Customer. The Customer is informed about the delivery costs when placing the Order.
1.7 If it has not been expressly indicated in trade information, the goods available at the online shop are new, and the entity responsible for their possible physical and legal defects is
CRAFT Izabela Kot-Gawrylczyk
Ul. Skalbmierska 4 premises 15
01-844 Warszawa
VAT ID (NIP) 1181534874
§ 2 Provision of Electronic Services:
2.1 As part of operating the Online Store, the Service Provider undertakes to provide Electronic Services to the extent and under the conditions specified in these Terms of Service.
2.2 The provision of electronic services by the Service Provider is free of charge.
2.3 Conditions of provision of Electronic Services:
2.3.1. Client Profile Service:
The Electronic Services Agreement consisting of maintaining a Client Profile in the Online Store is concluded at the time of Registration.
In order to complete the Registration it is necessary for the Customer to provide the following data in the Registration form: name and surname, address (street, house number, town with postal code), e-mail address, contact telephone number and Password.
A Customer who has completed Registration has access to additional options available through a Client Profile, such as: order history, the ability to check at what stage of completion an order is placed and the ability to receive information about new products and promotions (if the Customer has ticked the “Subscribe to Newsletter” option)
The Agreement for electronic provision of the Service consisting in maintaining a Profile is concluded for an indefinite period of time.
2.3.2. Interactive form service:
Electronic Services Agreement consisting in the provision of an interactive form allowing place an Order in the Online Store is concluded at the moment of commencement of the above Service (adding a Product to the basket).
The Electronic Services Agreement consisting in the provision of an interactive form for placing an Order in the Online Shop is concluded for a definite period and terminates at the moment of submitting the Order.
2.3.3. Newsletter Service:
The Newsletter Electronic Services Agreement shall be concluded when the Customer indicates his/her e-mail address on the Online Store website in the “Newsletter” tab and clicks the “Sign up” box, or when the Customer has ticked the appropriate box (check-box) at the time of registration, expressing consent to the Newsletter service.
- The Newsletter Electronic Service Agreement shall be entered into for an indefinite term.
2.4. Terms and conditions of termination Electronic Services Agreement:
2.4.1. The Customer shall have the right to terminate the continuous electronic services agreement by the Service Provider at any time (e.g. deletion of the Client Profile). Termination of the agreement shall be without any additional costs and without indication of reasons:
2.4.1.1. Termination of the agreement may be made by sending an appropriate statement to the email address factory@trykot.com or in writing to the Service Provider’s address (indicated at the beginning of these Terms of Service).
2.4.1.2. In such a case the Agreement shall expire 7 days after receipt of the termination notice by the Service Provider.
2.4.2. The Service Provider has the right to terminate the electronic services agreement with a 7 day notice if the Customer provides illegal information.
2.4.3. The termination and dissolution of the agreement is not associated with the loss of rights already acquired by Customers using the Vendor’s Online Store.
2.4.4. The Consumer has the right to withdraw from electronic services agreement within 14 days of its conclusion (see § 7 of the Terms of Service).
2.5. The Vendor reserves his right to temporary suspend the activity of the online store due to site maintenance or data update.
§3 Conclusion of the sales agreement
3.1. The Customer may choose the following order placement methods:
a) placing an order after a prior registration in the Online Store system;
b) placing an order without registration, so called “quick shopping”;
3.2. Placing an order by registered Customers of the Online Store consists in adding relevant goods to the online shopping cart. If all items of interest to the Customer are in the shopping cart, the Customer should place an order, to which end the Customer will be asked to fill in contact details, billing and shipment information. Then the Customer will be asked to select the delivery and payment method. Upon confirmation that the order has been placed, the order details summary will be displayed.
3.3. In the case of “fast shopping”. (item §3.1.b) of the Terms of Service), after selecting the product, one should click “add to cart” icon after which it will be possible to continue shopping or click the “go to cart” icon and complete the purchase. In order to place the order, the Customer will be asked to fill in contact details, billing and shipment information. Then the Customer will be asked to select the delivery and payment method. Upon confirmation that the order has been placed, the order details summary will be displayed.
3.4. When placing an order referred to in item 3.1 of these Terms of Service, the Customer is obliged to provide truthful information.
3.5. While placing an Order the Customer will need to confirm having read these Terms of Service.
3.6. The order is placed when the Customer clicks the button “order under payment obligation” or any other button with an equivalent wording.
3.7. After receiving the order by the Online Store system, each time an automatic message will be sent to the e-mail address provided by the Customer, confirming that the order has been received.
3.8. An order, the receipt of which has been confirmed by the Online Store system (§3.7 of the Terms of Service) constitutes an offer within the meaning of Article 66 § 1 of the Civil Code and is the basis for the conclusion of the sales agreement between the Customer and
CRAFT Izabela Kot-Gawrylczyk
Ul. Skalbmierska 4 premises 15
01-844 Warsaw
VAT ID (NIP) 1181534874
3.9. An order placed by the Customer and not confirmed by the Vendor within 48 hours ceases to be binding.
3.10. If the Vendor proceeds with the execution of the order, he will confirm this fact with a separate email message entitled “Change of Order Status”.
3.11. The Sales Agreement shall be considered concluded at the moment when the Customer receives a message from the Vendor confirming that the order has been commenced (message referred to in item 3.10 of these Terms of Service)
3.12. The Customer may cancel placed order or modify it, for this purpose the Customer should:
a) contact the Vendor by phone;
b) contact the Vendor by e-mail;
c) via the Client Profile (available to the Registered Customers only)
3.13. Orders are processed by the Online Store’s customer service department on working days i.e. from Monday to Friday excluding statutory holidays, from 10.00 am to 6.00 pm.
3.14. Commercial information published in the Online Store does not constitute an offer within the meaning of Article 66 of the Civil Code, but is an invitation to make offers, even if the information includes a unit price of the goods.
§4 Payment , delivery, receipt
4.1 Payment
4.1.1. For the performance of the sales agreement, the Customer is obliged to pay the price of the goods indicated in the order and the cost of their dispatch.
4.1.2. The price of particular goods presented in the Online Store is a gross price expressed in Polish Zlotys (PLN) and includes also due Value Added Tax at the applicable rate. However, the prices do not include shipping costs, which will be indicated when placing an order.
4.1.3. Payment is made in the form selected by the Customer:
– payment by transfer to the shop’s account at Alior Bank 57 2490 0005 0000 4500 8991 3793
– payment through PayU S.A. settlement agent, with its registered seat in Poznan, 60-324 Poznan, Marcelińska 90 Street, entered into the Register of Entrepreneurs kept by the District Court in Poznan – Nowe Miasto i Wilda in Poznan, 8th Commercial Department of the National Court Register under number 0000274399, holder of NIP (Tax Identification NUmber): 779-23-08-495, with share capital of PLN 4,000,000 fully paid-up.
– payment through Paypal Polska Sp. z o.o. settlement agent, with its registered seat in Warsaw, 00-113 Warsaw, at ul. Emilii Plater 53, entered into the Register of Entrepreneurs of the National Court Register under number 0000289372, holder of NIP (Tax Identification Number): 5252406419, REGON (State Statistical Number): 141108225;
4.1.4. The price specified next to each product is binding at the moment of placing the Order by the Customer. This price will not change irrespective of changes in prices in the Online Store, which may occur in relation to individual goods after the Customer has submitted the Order.
4.2. Delivery
4.2.1. Orders placed by the Customers of the Online Store are assembled by the Vendor within 5 working days from the day of concluding the agreement according to §3 clause 10 of the Terms of Service. The lead time consists of the time necessary to complete the subject of the order.
4.2.2. In the absence of an agreement to the contrary, the Vendor undertakes to perform the subject of the agreement, within a period not longer than 14 days after the submission by the Buyer of a declaration of intent to conclude the agreement (§ 3.7 of the Terms of Service).
4.2.3. The time of delivery depends on the method of delivery/collection of the goods chosen by the Customer and should not exceed 7 working days from the moment of concluding the sales agreement according to § 3.10 of the Terms of Service.
4.2.4. The Vendor entrusts the delivery of goods to third parties conducting business in this area, depending on the choice of the Customer indicated in the order, it can be:
DPD Strefa Paczki sp. z o.o., 02-274 Warsaw, ul. Mineralna 15 a Company entered to the Register of Entrepreneurs by the District Court for the Capital City of Warsa, KRS (National Court Register): 0000418609, NIP (Tax Identification Number): 522-299-62-96, share capital: PLN 2 000 000,00.
- InPost S.A. w Krakowie; 30-624 Krakow, ul. Malborska 130.
4.3. Receipt of goods
4.3.1. The Vendor informs that the Customers have the right to check the condition of the parcel after it has been delivered to the place indicated in the order. The Customer has the right to check the condition of the consignment before receiving it from the carrier.
4.3.2. If, before the delivery of the consignment it is found that it has been damaged or has suffered a loss the carrier is obliged to immediately establish the condition of the consignment and the circumstances in which the damage occurred. However, in most cases the Carrier performs these activities at the request of the person entitled to collect the consignment.
4.3.3. The Vendor informs that if after the delivery of the consignment the person authorized to collect it, shall notice a defect or damage that is not visible from the outside, they will have the right, immediately after discovering the damage, but no later than within 7 days of receipt of the consignment, to request the Carrier to determine the condition of the consignment.
4.3.4. In case of any problems or doubts, please contact the Vendor at the phone numbers indicated on the Vendor’s website.
4.3.5. In the case of failure to collect the consignment sent pursuant to the agreement, the Vendor may call upon the Customer to perform the sales agreement byy providing a deadline and notification that in the case of its ineffective expiry, the Vendor shall withdraw from the sales agreement. After expiry of the deadline and no reaction from the Customer, the Vendor shall submit a declaration to the Customer on withdrawal from the sales agreement. In the case of withdrawal from the agreement, the Vendor may demand from the Customer to redress the damage, which resulted from non-performance of the sales agreement.
§ 5 Personal data
5.1. Personal data of Customers are processed by the Data Controller:
(CRAFT Izabela Kot-Gawrylczyk, Ul. Skalbmierska 4 premises 15 01-844 Warsaw, NIP – Tax Identification Number: 1181534874)
For the purpose of performance of agreements concluded within the framework of the Online Store’s operations. Agreements concluded within the Online Store’s operations shall include:
a) Conclusion and performance of the sales agreement,
b) Sending messages containing commercial information (upon receiving a prior consent in form of Newsletter subscription),
c) Administering the Client Profile, upon a prior Registration at the Online Store.
5.2. Personal data is processed pursuant to provisions on protection of personal data, in line with the deployed data protection policy and is processed within the scope and purpose indispensable to establish, shape the content of the agreement, its amendment or termination and its proper performance of Electronic Services.
5.3. The data controller has introduced technical and organizational means aiming at securing personal data provided by the Customers against disclosure to unauthorized persons or entities.
5.4. Personal data of Customers can be shared with:
a) a carrier selected by the Data Controller or shipping agent making shipments upon request of the Data Controller – in the case of the Customer who selected postal service or courier service in the Online Store.
b) The payment service selected by the Customer to process payments in the Online Store – in the case of Customers using electronic payments or payment card in the Online Store.
c) Accounting company making tax settlements for the Online Store – in the case of Customer, who concluded sales agreement with the Data Controller.
d) Company supplying software for operating the Online Store or a company which is the hosting provider of the Online Store, within the scope of support and proper operation of the Online Store.
5.5. Entities specified in § 5.4. shall receive only data indispensable for proper execution of the service.
5.6. Data controller has the right to share personal data of the Customer to entities authorized pursuant to specific provision of law (for instance law enforcement authorities).
5.7. Unless the provisions of law stipulate otherwise, the Data Controller stores personal data of the Customer as long as it is necessary for the purpose of fulfillment of objectives, for which the aforementioned data has been collected.
5.8. The Customer, whose personal data is processed by the Data Controller has the right to access data, rectify, erase or limit its processing, the right to object, the right to transfer data as well as the right to lodge a complaint to a supervisory authority, namely the Personal Data Protection Office.
5.9. Erasure of data can be done as a result of withdrawal of a consent or lodging a legally allowed objection to processing of personal data.
5.10. Data Controller reserves the right to process personal data of Customers after termination of the agreement or ……..;
§ 6 Complaints
1. The Vendor shall deliver products free from physical and legal defects.
2. The Vendor’s liability for physical or legal defects expires after two years since releasing the product. Prior to expiry of the aforementioned deadline, the consumer may notify the Vendor about the defect in the following way:
2.1 By sending a relevant e-mail message to the following address: factory@trykot.com
2.2. By sending letter to the address: ul. Wazów 9, 05-126 Nieporet, Poland.
3. Notification of complaint should contain:
3.1. Photo of the Product;
3.2. Proof of purchase at the TRYKOT Online Store.
4. Goods non-compliant with the agreement shall be considered products:
a) delivered not in line with the order
b) inconsistent with the sales document as to the type or quantity at the time of being released c) the goods cannot be used for purpose specified by the buyer
d) goods do not correspond with product description.
5. The following shall not be subjected to the complaint procedure:
a) Factory properties of the advertised product
b) goods with expired manufacturer’s warranty
c) 24 months past the purchase date
d) mechanic damages
e) natural traces of wear and tear of the product appearing in course of its use
f) damages to goods caused because the Customer has improperly secured the goods when shipped to the Complaint Department
6. The deadline for processing the complaints is 14 days since receipt of the goods, whereas in the case of necessity to extend the repair time (for instance lack of spare parts), the entity lodging the complaint shall be informed thereof immediately. In individual cases, the deadline may depend on the method of considering claims by suppliers and producers of the product’s components.
§ 7 Withdrawal from the Agreement
7.1. The Service User/Customer, who is also a consumer, who has entered into a remote agreement, may withdraw from it without stating reasons, making a statement to that effect within fourteen days since receipt or collection of goods in person. In order to meet this deadline it is sufficient to send the declaration before its expiry.
7.1.1 The declaration of withdrawal can be made by the Customer via the agreement withdrawal form, which is sent by e-mail (factory@trykot.com). Making a declaration of withdrawal from the agreement without the form, shall have no effect onto the validity of withdrawal. For the declaration of withdrawal to be effective it must be sent prior to expiry of the deadline.
7.1.2 The Vendor shall immediately upon receipt of notice of withdrawal, send to the Consumer an e-mail confirmation of receipt of the above declaration (to the address specified when placing the order.
7.2. The Consumer should return the purchased products within 14 days since the date of dispatch of the declaration of withdrawal to the Vendor’s address.
7.3. The Consumer shall bear the direct costs of returning the item to the Vendor.
7.4. The Consumer is obliged to return the goods in unaltered conditions, without any signs of being used.
7.5. The Vendor is obliged to immediately, however not later than within 14 calendar days since receipt of the declaration of the consumer on withdrawal from the agreement, to reimburse all payments made by the consumers, including delivery costs.
7.5.1 The Vendor may withhold from reimbursing the funds received by the Customer, until receiving the returned Product.
7.6. The right to withdraw from the agreement does not apply in relation to agreements, the object of which consisted in individually ordered product, namely non-prefabricated product, produced according to the Consumer’s specification or used to fulfill its individualized needs.
§ 8 Final provisions
8.1. The goods sales agreement is concluded pursuant to the Polish law in the Polish language.
8.2. Principles and methods of recording, securing and sharing the content of the concluded agreement by the entrepreneur to the other party:
8.2.1. Recording, securing and sharing content of the concluded agreement shall be done through:
8.2.1.1. sending the concluded agreement to the Customer’s e-mail address.
8.2.1.2. printing and providing to the Customer upon collecting or receiving the goods, specification of the order and proof of purchase.
8.3.2. The content of the concluded agreement is additionally saved and secured in the ICT system of the Vendor and provided to the Customers upon each request.
8.4. To all matters not regulated herein, the provisions applicable on the territory of the Republic of Poland shall apply, including the Civil Code, the Act on provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended), the Consumer Rights Act of 30 May 2014 (Journal of Laws from 2014, item 827) and other relevant provisions of the Polish law.
8.5. Amendments to the Terms of Service:
8.5.1. The Service Provider reserves the right to make amendment to these Terms of Service, of which the Customer shall be informed 14 days in advance prior to amendments entering into force at the latest. Information about the change shall be also expressed clearly on the website and sent to the e-mail address of the registered customer. Moreover, the Customer shall be each time requested to accept the new terms of Service prior to placing an Order.
8.5.2. The amended Terms of Service are binding to the Customer, if requirements set forth in Article 384 of the Civil Code have been upheld (namely the Customer has been duly informed about the amendments), and the Customer has not terminated the conscious electronic services agreement within 30 days.
8.5.3. Amendments to the Terms of Service shall in no way infringe the rights acquired by the Customers using the Online Store prior to the date of the amendments entering into force, in particular they will not have effect on placed and/or processed orders. In such case these orders will be processed on principles specified in the previous Terms of Service.
8.7. The Customer who is a Consumer in the case of a dispute with a Vendor, has the right to use out-of-court methods of complaint processing and claiming compensation. The Consumer may among others:
a) turn to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute resulting from the concluded Sales Agreement.
b) turn to the Voivodship inspector of the Trade Inspection with a request to institute a mediation procedure in a matter of amicable conclusion of the dispute between the Customer and the Vendor.
c) obtain free-of-charge assistance in the matter of resolving a dispute between the Customer and the Seller, by using a free help of the Poviate (municipal) consumer ombudsman or social organization, which has consumer protection as its statutory activity (among others the Federation of Consumers, Association of Polish Consumers).
d) lodge a complaint through a form available at the address https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. This is the EU platform of an online dispute resolution system between consumers and entrepreneurs. This platform operates in all languages of the European Union and it can be used once the complaint procedure with the Vendor has been exhausted.”
8.8. Possible disputes arising between the Vendor and the Customer, who is not a consumer within the meaning of Article 22[1] of the Civil Code of 23 April 1964 r. (Journal of Laws No. 16, item 93 as amended), shall be brought before a court with jurisdiction over the registered office of the Vendor.