Term and conditions

Chapter 1. GENERAL PROVISIONS AND DEFINITIONS

1. The regulations define the rules and conditions for providing electronic services, including the use of the Store, as well as the rights, obligations, and liability conditions of the Seller and the Client. The regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of 30 May 2014 on consumer rights (Dz.U.2017.683 as amended).

2. Every Client should familiarize themselves with the Regulations.

3. The Regulations are available on the Store's website and are provided free of charge also before the conclusion of the contract. At the Client's request, the Regulations are also made available in a way that allows acquisition, reproduction, and preservation of its content using the IT system used by the Client (e.g., by email).

4. Basic definitions:

Regulations: Online Store Regulations;
Seller or Service Provider: KALFERO, conducting business under the name, Kalfero Agnieszka Podlawska Monika Podlawska Civil Partnership based in Poznań, address: ul. Sieradzka 30/2 60-163 Poznań, entered into the Central Register and Information on Economic Activity, NIP: 7792498219, Regon: 381605280;
Client or Service Recipient: a natural person over 18 years of age with full legal capacity, a legal person, and an organizational unit without legal personality but able to acquire rights and incur obligations on its own behalf, which establishes a legal relationship with the Seller within the scope of the Store's activities. The Client is also a Consumer if there are no separate provisions regarding the Consumer on a given issue;
Consumer: a Client who is a natural person performing a legal act (purchase) with the Seller, not directly related to their business or professional activity;
Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Dz.U. 2017.1219 as amended), provided electronically by the Service Provider to the Client via the Service;
Store or Online Store, or Service: Electronic Service, KALFERO Online Store, operated by the Seller at the internet address www.kalfero.com;
Account – Electronic Service, designated by an individual name (login) and password provided by the Client, a set of resources in the Service Provider's IT system where data provided by the Client and information about activities within the Store are collected;
Goods or Product – goods sold in the Store, included in the Seller's offer;
Agreement – a distance contract concerning the purchase of Goods, concluded as a result of the Client placing an Order in the Store and its acceptance by the Seller;
Form – a script constituting a means of electronic communication, enabling the submission of an Order in the Store;
Order – a directive for the purchase of Goods placed by the Client using means of technical communication;
Newsletter – Electronic Service, an electronic distribution service provided by the Service Provider via email, which allows all Clients using it to automatically receive periodic messages (newsletters) from the Service Provider containing information about the Service, including news or promotions in the Store.

Chapter 2. BASIC AND TECHNICAL INFORMATION

1. Seller's contact details for the Client: address ul. Sieradzka 30/2 60-163 Poznań, email address: sklep@kalfero.com .

2. The Seller offers the following types of Electronic Services:

online store, operating via a website, where the Client concludes a distance sales contract, parties are informed about the sale via automatically generated email, and the execution of the contract (especially delivery of the Goods) takes place outside the Internet;
newsletter, consisting of sending by the Seller, to the Client's email address, electronic messages containing information about the Service, including news or promotions in the Store;
reviewing (commenting), consisting of enabling the Clients to post individual and subjective statements on the Store's page, including regarding service or Goods.

3. The Seller provides Electronic Services in accordance with the Regulations.

4. The technical requirement for using the Store is that the Client has a computer or other devices that enable browsing the Internet, appropriate software (including a web browser), Internet access, and a current and active email account.

5. It is prohibited for the Client to provide content of an unlawful nature.

6. Using the Store may involve typical internet risks, such as spam, viruses, and hacker attacks. The Seller takes actions to counter these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the risk of Client data being obtained or modified by unauthorized persons, therefore Clients should apply appropriate technical measures that minimize the above-mentioned threats, including antivirus programs and identity protection measures for Internet users.

7. The contract for the provision of Electronic Services is concluded via the Store through the Internet. The Client can terminate the use of Electronic Services at any time by leaving the Store. In such a case, the Electronic Services contract automatically terminates without the need for additional statements by the parties.

8. It is not possible to use the Store anonymously or with a pseudonym.

Chapter 3. PERSONAL DATA

1. The personal data provided by the Clients is processed by the Seller in accordance with applicable law, including 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) (OJ L 119, 4.5.2016, hereinafter: "Regulation"). In particular:

The Seller ensures that this data is:
processed lawfully, fairly, and transparently for Clients and others whose data is being processed;
collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
accurate and, where necessary, kept up to date;
stored in a form that permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures,
The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data appropriate to the nature, scope, context, and purposes of processing and the risk of rights or freedoms of natural persons;
The Seller provides access to personal data and allows for the exercise of other rights by Clients and other persons whose data is being processed, in accordance with applicable law.

2. The basis for processing personal data is the Clients' consent or the occurrence of another condition authorizing the processing of personal data according to the Regulation.

3. The Seller guarantees the exercise of the rights of persons whose personal data is processed based on the principles resulting from relevant regulations, including those persons have the right to:

withdraw consent regarding the processing of personal data;
information regarding their personal data;
control over data processing, including its supplementation, updating, rectification, deletion;
object to the processing or to restrict processing;
complain to a supervisory authority and use other legal means to protect their rights.

4. A person with access to personal data processes it only based on the Seller's authorization or a data processing agreement and only on the Seller's instructions.

5. The Seller ensures that personal data is not disclosed to other entities than those authorized under the applicable law, unless required by European Union law or Polish law.

Chapter 4. ADDITIONAL INFORMATION

§ 1. Newsletter

1. The Newsletter service is designed to provide the Client with the ordered information.

2. Using the Newsletter service requires providing an e-mail address and making declarations regarding the acceptance of the Regulations, personal data processing and the provision of commercial information.

3. A link confirming the subscription to the Newsletter will be sent to the Client's e-mail address.

4. The Electronic Service Newsletter is provided free of charge for an indefinite period of time.

5. The Client may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller via e-mail to: sklep@kalfero.com or in writing to the Seller's address: ul. Sieradzka 30/2 60-163 Poznań

§ 2. Opinions

1. The Seller enables Clients to post individual and subjective opinions (opinions, comments) on the Website, in particular regarding Products.

2. The service is provided free of charge for an indefinite period of time.

3. The service can be used anonymously.

4. The Seller may use the opinions for the purpose of content posted on the Website.

Chapter 5. SALES

§ 1. Products

1. All Products offered in the Store are new and free of defects.

2. A detailed description of the Product can be found on the Website.

3. The Products may be covered by a warranty or after-sales services. Detailed information on this matter can be found next to the Product description.

§ 2. Orders and their realization

1. An order can be placed by filling out the Form available on the Website.

2. Orders can be placed without creating an account on the Website.

3. The Client is obliged to carefully fill out the Form, providing all the necessary information and selecting the preferred payment and delivery methods.

4. The Client provides the data and makes declarations regarding the acceptance of the Regulations, personal data processing and the provision of commercial information.

5. Orders can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed on the next business day.

6. Confirmation of the order is sent to the Client by the Seller via e-mail to the address provided in the Form.

7. The time of order realization is 1-5 business days. Delivery by courier takes 1-2 business days.

§ 3. Payments

1. All prices of Products on the Website are gross prices in Polish zloty (VAT inclusive). The price of the Product does not include costs referred to in point 2 below. The price of the Product stated in the moment of placing the Order by the Client is binding for both parties.

2. The costs associated with the delivery of the Product (e.g. transport, delivery, postal services) and any other costs are borne by the Client. The amount of these costs may depend on the Client's choice of delivery method. Information about the amount of these costs is provided at the stage of placing the Order.

3. The Client may choose the form of payment:

bank transfer - prepayment. After placing the Order, the Client should transfer the payment to the Seller's bank account. The Order is realized after the payment is credited to the Seller's bank account;
payment through the PayU or PayPal payment system - prepayment. After placing the Order, the Client should make the payment through the PayU or PayPal system. The Order is realized after the payment is credited to the Seller's account in the payment system;
cash on delivery - the Client pays when receiving the Product from the courier. The Order is realized after the Client accepts the Order.

4. The Seller issues a sales document (VAT invoice) for each Product sold and delivers it to the Client, if required by the applicable law.

5. The Client is obliged to make the payment within 2 days from the date of conclusion of the sales agreement. If the Client fails to make the payment within this deadline, the Seller may set an additional deadline for the payment, after which the Seller may withdraw from the agreement. If the Client declares that it will not fulfill its obligations, the Seller may withdraw from the agreement without setting an additional deadline, also before the expiration of the deadline for the performance of the obligation.

§ 4. Delivery

1. The Product is sent to the address indicated by the Client in the Form, unless the parties agree otherwise.

2. The Product is delivered by courier or by mail, depending on the Client's choice. The delivery time is 1-2 business days from the date of dispatch of the Product, unless the parties agree otherwise.

3. The Client cannot collect the Product in person from the Store.

4. The Seller hands over the Product to the Client, together with all its accessories and user manuals, and any other documents required by the applicable law.

5. The Seller indicates that:

from the moment of delivery of the Product to the Client or the carrier, the Client bears the risk of accidental loss or damage to the Product;
the acceptance of the shipment by the Client without reservations shall result in the expiration of claims for damage or loss of the Product during transport, unless:
the damage was recorded in the protocol before the Client accepted the shipment;
the damage was not recorded in the protocol due to the carrier's fault;
the damage was caused intentionally or through gross negligence by the carrier;
the damage was not visible from the outside and the Client notified the carrier of the damage within 7 days of receiving the shipment and proved that the damage occurred between the acceptance of the shipment for transport and its delivery.

Chapter 6. LIABILITY

1. The liability for defects is excluded in relations with Clients.

2. The Seller is liable to the Consumer for defects in the Product (warranty) on the principles set out in the Civil Code and the Act on Consumer Rights, including:

a physical defect exists if the Product is not in conformity with the agreement. In particular, the Product is not in conformity with the agreement if:
it does not have the properties that an item of the same type should have due to the purpose specified in the agreement or resulting from circumstances or the purpose;
it does not have the properties that the Seller assured the Consumer of;
it is not suitable for the purpose that the Consumer informed the Seller of when concluding the agreement, and the Seller did not raise any objection as to such purpose;
it was delivered to the Consumer in an incomplete state.
A legal defect exists if the Product is owned by a third party or is encumbered with a third party's right, or if the limitation on using or disposing of the Product results from a decision or judgment of a competent authority. In the case of the sale of a right, the Seller is also liable for its existence;
The Seller is liable for physical defects that existed at the time of the transfer of risk to the Consumer or resulted from a cause inherent in the Product at that time.
The Seller is released from liability for defects if the Consumer knew about the defect at the time of the agreement;
if a physical defect is discovered before the expiration of one year from the delivery of the Product, it is presumed that the defect or its cause existed at the time of the transfer of risk to the Consumer;
The Seller is liable for physical defects that are discovered before the expiration of two years from the delivery of the Product to the Consumer, and if the Product is a used movable item, the Seller is liable for physical defects that are discovered before the expiration of one year from the delivery of the Product;
The Consumer's rights under the warranty are:
to request a price reduction or to withdraw from the agreement, unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect;
The Consumer may, instead of the price reduction or replacement proposed by the Seller, request the removal of the defect. The Consumer may also request the replacement of the Product with a non-defective one instead of the removal of the defect, unless it is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the non-defective item, the type and significance of the discovered defect, and the inconvenience to which the Consumer would be exposed by another method of satisfaction are taken into account;
The Consumer who exercises their rights under the warranty is obliged to deliver the defective Product to the Seller at the Seller's expense, to the place indicated in the agreement, or if no such place is indicated in the agreement, to the place where the Product was delivered to the Consumer.

Chapter 7. COMPLAINT PROCEDURE

1. Complaints should be addressed to the Seller in writing to the address: ul. Sieradzka 30/2 60-163 Poznań. Notification can also be sent electronically to the e-mail address: sklep@kalfero.com

2. If it is found that the parcel with the Goods is damaged, has suffered a loss or damage, the Client should immediately (no later than within 7 days from the date of receipt of the parcel) submit a complaint to the Seller. This action will enable claims to be made against the carrier.

3. The complaint should include a detailed description of the problem and the Client's request, possibly also photographic documentation.

4. The Seller undertakes to consider the complaint within 30 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered justified.

5. If the complaint is accepted, the Seller will take appropriate action.

6. It is possible to use out-of-court methods of handling complaints and pursuing claims in legal relations with Consumers, including:

the possibility of resolving disputes electronically via the ODR (online dispute resolution) platform, available at http://ec.Europa.eu/consumers/odr/;
the possibility of conducting amicable proceedings before a common court or arbitration court or other bodies;
the possibility of conducting mediation proceedings with an independent mediator.

Chapter 8. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract by the Seller or the Client may occur under the terms specified in the provisions of the Civil Code (Dz.U.2017.459 t.j. as amended).

2. The Consumer has the right to withdraw from the Contract within 14 days from the date of receiving the Goods. Fully personalized products are non-returnable. Only exchange for another product is possible.

3. Information about the Consumer's withdrawal from the Contract is included in the right of withdrawal instruction available on the Store's website.

4. The right to withdraw from the Contract does not apply to the Consumer in relation to certain agreements, i.e.:

for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that they would lose the right to withdraw from the Contract once the Seller has performed the service;
in which the price or remuneration depends on fluctuations in the financial market that the Seller does not control and which may occur before the deadline for withdrawal from the Contract;
in which the Goods are non-prefabricated, manufactured according to the Consumer's specifications or serving to satisfy their individualized needs;
in which the Goods are liable to deteriorate rapidly or have a short shelf life;
in which the Goods are delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
in which the Goods are items that, after delivery, are inseparably connected with other items by their nature;
in which the Goods are alcoholic beverages, the price of which was agreed upon at the conclusion of the Contract, and whose delivery can take place only after 30 days, and whose value depends on market fluctuations that the Seller does not control;
in which the Consumer has explicitly requested the Seller to come to them to carry out urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers items other than spare parts necessary for repair or maintenance, the right to withdraw from the Contract applies to additional services or items;
in which the Goods are audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
for the delivery of newspapers, periodicals, or magazines, except for subscription agreements;
concluded in public auction;
for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies a day or period of service provision;
for the delivery of digital content that is not stored on a tangible medium, if the performance began with the Consumer's express consent before the deadline for withdrawal from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.

5. The Seller will promptly, no later than within 14 days from the date of receiving the Consumer's statement of withdrawal from the contract, return the payment made by the Consumer for the product. The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has explicitly agreed to a different refund method that does not incur any costs for them.

6. If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

7. The Consumer is obliged to return the Goods along with all elements of the equipment, including packaging, if it constitutes an essential element of the Goods. The Seller may withhold the refund until receipt of the Goods or until proof of return is provided to the Seller, depending on which event occurs first.

8. The Consumer bears the direct costs of returning the Goods unless the Seller has agreed to bear them or did not inform the Consumer of the need to bear these costs.

9. The Consumer is liable for any diminished value of the Goods resulting from handling them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

10. In the event of effective withdrawal from the Contract, the Contract is considered not concluded.

Chapter 9. INTELLECTUAL PROPERTY

1. The rights to the Service and the content contained therein belong to the Seller.

2. The website address where the Store is available, as well as the content of the website www.kalfero.com, are subject to copyright and are protected by copyright and intellectual property law.

3. All logos, brand names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc., are reserved marks and belong to the Seller, the manufacturer, or the distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from www.kalfero.com without the owner's consent is prohibited.

Chapter 10. FINAL PROVISIONS

1. In matters not regulated by the Regulations in legal relations with Clients or Consumers, the relevant provisions of generally applicable law shall apply.

2. Any deviations from the Regulations require written form under pain of nullity.

3. The court competent to resolve disputes between the Seller and the Client will be the court competent according to the Seller's registered office. The court competent to resolve disputes between the Seller and the Consumer will be the court competent according to general principles (court of the defendant's place of residence) or another more convenient for the Consumer (according to articles 31-37 of the Code of Civil Procedure).

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[J1] [J1]Clients should be informed about the entity to which the processing of clients' data is entrusted, their scope, and the intended date of transfer if you have concluded an agreement with this entity for data processing. This applies, for example, to hosting providers, couriers (unless they are listed as postal operators), accountants, etc. This information does not need to be included in the regulations. The only requirement is that they are constantly and easily accessible via the teleinformation system.

[J2] [J2]Please introduce the designation used in your online store - it must be a designation as in the template or another with an analogous meaning (e.g., "buy and pay").