Terms and conditions

The conclusion of the contract between the Buyer and the Seller can be done in two ways.

The buyer has the right before placing an order to negotiate any provisions of the contract with the Seller, including changing the provisions of the following terms and conditions. Negotiations, these should be conducted in writing and addressed to the address of the Seller (KLO Klaudyna Kozieł, Klebeerga 3, 25-255 KIELCE).

If the Buyer declines the opportunity to conclude a contract through individual negotiations, the following rules and terms and conditions and applicable laws shall apply.

TERMS AND CONDITIONS

§1 Definitions

Personal Data Administrator:

KLO Klaudyna Koziel,

Klebeerga 3,

25-225, Kielce,

Świętokrzyskie

Poland

NIP: 6572894467

REGON: 387725677

Postal address – name or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality.
Claims address:KLO Klaudyna Kozieł, Klebeerga 3,świętokrzyskie, Kielce, Poland
Delivery price list – located at https://klostore.pl/strona/dostawa a summary of available types of delivery and their costs.
Contact information:

KLO Klaudyna Koziel,

Klebeerga 3, 25-255 KIELCE
e-mail: klaudynakoziel@gmail.com
phone: 794915987

Personal data – any information relating to an identified or identifiable natural person. Information shall not be considered to identify a person if it would require excessive cost, time or effort.
Sensitive data – this is personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, criminal judgments and fines, as well as other decisions made in judicial or administrative proceedings.
Delivery – a type of transportation service along with the carrier and cost listed in the delivery price list found at: klostore.co.uk/delivery
Proof of purchase – an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
Product card – a single sub-page of the store containing information about a single product.
Customer:

a. a natural person of full age who conducts a sole proprietorship, concluding a contract with the Seller directly related to his business or professional activity and having a professional character for him;

b. an organizational unit without legal personality but with legal capacity;

c. legal entity.

Civil Code – the Civil Code Act of April 23, 1964, as amended.
Code of good practice – a set of rules of conduct, and in particular ethical and professional standards, as referred to in Article 2 point. 5 of the Law on Counteracting Unfair Market Practices dated August 23, 2007, as amended.
Consumer – a natural person of full legal capacity or a natural person of full legal age who runs a sole proprietorship, concluding a contract with the Seller directly related to his business or professional activity, but not of a professional nature for him.
Shopping cart – a list of products compiled from the products offered in the store based on the Buyer’s choices.
Buyer – both Consumer and Customer.
Place of delivery of the item – the postal address or collection point indicated in the order by the Buyer.
The moment of delivery of the item – the moment when the Buyer or a third party designated by the Buyer for collection takes possession of the item.
ODR online platform – an EU online service operating under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013. on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC and available at https://ec.europa.eu/consumers/odr/
Payment – the method of making payment for the subject of the contract and delivery listed at klostore.pl/platnosc
Eligible entity – an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended.
Privacy Policy – rules for processing of personal data of Buyers by the Data Administrator, rights of Buyers and duties of the Data Administrator, which can be found at: sprawdzonysklep.pl/polityka-prywatnosci
Consumer Law – Law on Consumer Rights of May 30, 2014.
Product – the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller’s store as a unit of measurement when determining its price (price/unit).
Subject of the contract – the products and delivery that are the subject of the contract.
Subject of performance – the subject of the contract.
Pickup point – the place of delivery of an item that is not a postal address, listed in the listing provided by the Seller in the store.
OCCP Register – a register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC and the Law of May 10, 2018. On data protection.
Thing – a movable thing that can be or is the subject of a contract.
Store – Internet service available at klostore.pl, through which the Buyer can place an order.
Seller:

KLO Klaudyna Koziel,

Klebeerga 3,

25-225, Kielce,

Świętokrzyskie

Poland

NIP: 6572894467

REGON: 387725677

registered and visible in the CEIDG records at the address:
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/Search.aspxx

BANK ACCOUNT: 51 1050 1416 1000 0097 3768 5231

System – a set of cooperating information technology equipment and software, providing processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
Lead time – the number of hours or working days specified on the product card.
Contract – a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 for Consumers and a contract of sale within the meaning of Art. 535 of the Civil Code Act of April 23, 1964 for Buyers.
Defect – both a physical defect and a legal defect.
Physical defect – non-conformity of the sold thing with the contract, and in particular if the thing:
1. it does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
2. does not have properties, the existence of which the Seller assured the Consumer,
3. is not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
4. was delivered to the Consumer in an incomplete state;
5. in the event of improper installation and commissioning of it, if these actions were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
6. it does not have the characteristic that was assured by the manufacturer or its representative or the person who places the thing on the market in the scope of his business activity and the person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless the Seller did not know or, judging reasonably, could not know these assurances or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
Legal defect – a situation when the thing sold is owned by a third party or is encumbered by a right of a third party, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
Order – a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of items, Buyer’s data and aiming directly at concluding a contract between the Buyer and the Seller.

§2 General conditions

The contract is concluded in the Polish language, in accordance with Polish law and these terms and conditions.
The place of delivery of the item must be in the territory of the Republic of Poland.
The seller is obliged and undertakes to provide services and goods free of defects.
All prices quoted by the Seller are expressed̨ in Polish currency and arę gross prices (includę VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All deadlines are calculated in accordance with Art. 111 of the Civil Code, i.e., a term specified in days ends with the expiration of the last day, and if the beginning of a term specified in days is a certain event, the day on which this event occurred shall not be taken into account in calculating the term.
Confirmation, access, recording, securing of all material provisions of the contract for future access to such information shall be made:
1. confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to self-download terms and conditions and model withdrawal form;
2. attach to the completed order, sent to the designated place of delivery of the item printed: proof of purchase, information about the right to withdraw from the contract, these terms and conditions, model withdrawal form.
The seller informs about known warranties provided by third parties for products in the store.
The Seller shall not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.
The Seller shall ensure to the Buyer using the system the correctnesś of operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of Internet Explorer, FireFox, Opera, Chrome, Safari browsers may affect the correct display of the store, so in order to obtain full functionality of the duovitale.pl store, you should disable them alĺ.
The buyer can use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. Login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account in the store at any time.
The seller complies with the Code of Good Practice.
The buyer is obliged to:
1. not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
2. use of the store in a manner that does not interfere with its operation, in particular by using certain software or devices,
3. not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
4. Use of the store in a manner that is not burdensome to other Buyers and to the Seller,
5. use any content posted within the store only for your own personal use,
6. use the store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Rules of Procedure, as well as with the general principles of netiquette.

§3 Contract conclusion and implementation

Orders can be placed́ 24 hours a day.
To place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
1. Adding a product to your cart;
2. selection of the type of delivery;
3. selection of payment type;
4. choice of place of delivery of the item;
5. placing an order in the store by using the “Buy and pay” button.
The conclusion of the contract with the Consumer occurs when the order is placed.
The realization of the Consumer’s order paid on delivery shall be carried out immediately, and the order paid by bank transfer or through an electronic payment system after the Consumer’s payment is credited to the Seller’s account, which should be done within 30 days of the order, unless the Consumer was not able to fulfill the performance through no fault of his own and informed the Seller about it.
The contract with the Customer is concluded upon the Seller’s acceptance of the order, of which the Seller shall inform the Customer within 48 hours of placing the order.
Fulfillment of the order of the Customer paid on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or through an electronic payment system after the conclusion of the contract and the crediting of the Customer’s payment to the Seller’s account.
Completion of the Customer’s order may be subject to payment of all or part of the order value or obtaining a trade credit limit of at least the order value or the Seller’s agreement to send the order on delivery (paid on delivery).
Shipment of the contract item takes place within the period specified on the product card, and for orders made up of multiple products within the longest period of time specified on the product cards. The time limit begins to run when the order is processed.
The purchased object of the contract is, together with the proof of purchase selected by the Buyer, shipped by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the enclosed attachments referred to in §2 item 6b.

§4 Right to withdraw from the contract

The consumer, is entitled under Art. 27 of the Consumer Law, the right to withdraw from a contract concluded at a distance, without stating a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 Consumer Law.
The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and to meet the deadline it is sufficient to send the statement before its expiration.
The declaration of withdrawal may be submitted by the Consumer on the form, the model of which is attached as Appendix No. 2 to the Consumer Law, on the form available at https://klostore.pl/strona/zwrot-wymiana-reklamacje or in another form in accordance with the Consumer Law.
The Seller will immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another if provided in the submitted statement) receipt of the statement of withdrawal.
In the event of withdrawal from the contract, the contract is considered not concluded.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to send the item back before its expiration.
The consumer sends back the items that are the subject of the contract from which he has withdrawn at his own expense.
The consumer shall not bear the cost of providing digital content that is not recorded on a tangible medium if he has not consented to the performance before the expiration of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time of giving such consent, or the trader has not provided confirmation in accordance with Article. 15 para. 1 and Art. 21 para. 1. Consumer Law.
The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by the Consumer, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for the Consumer.
The Seller may withhold reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first.
The consumer, according to Article 38 of the Consumer Law, has no right to withdraw from the contract:
1. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
2. in which the object of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;
3. in which the object of performance is an item that is perishable or has a short shelf life;
4. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
5. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
6. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
7. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
8. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract.

§5 Warranty

The seller pursuant to Art. 558§1 of the Civil Code completely excludes liability to customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer under the terms of Art. 556 of the Civil Code et seq. for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is discovered before the expiration of one year from the time of delivery of the item, it is assumed that the defect existed at the time when the danger passed to the Consumer.
The consumer if the thing sold has a defect can:
1. Make a statement to request a price reduction;
2. Make a declaration of withdrawal from the contract;

unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective thing with a defect-free one or removes the defect. However, if the thing has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or to remove the defect, he is not entitled to replace the thing or remove the defect.

The Consumer, may instead of the removal of defects proposed by the Seller, demand the replacement of the item for a defect-free item or instead of the replacement of the item demand the removal of the defect, unless bringing the item to conformity with the contract in the manner selected by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller, while assessing the excessiveness of the costs shall take into account the value of the defect-free item, the type and significance of the defect found, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.
The consumer may not withdraw from the contract if the defect is insignificant.
The consumer if the thing sold has a defect, may also:
1. Demand that the item be replaced with a defect-free one;
2. Demand removal of the defect.
The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective thing into conformity with the contract in the way chosen by the Buyer, or in comparison with the other possible way to bring it into conformity with the contract would require excessive costs.
If the defective thing has been assembled, the Consumer may require the Seller to disassemble and reassemble it after the defect-free replacement or removal of the defect, but shall be obliged to bear part of the related costs in excess of the price of the sold thing, or may require the Seller to pay part of the costs of disassembly and reassembly, up to the price of the sold thing. If the Seller fails to perform the obligation, the Consumer is entitled to perform these actions at the expense and peril of the Seller.
A Consumer who exercises warranty rights is obliged, at the expense of the Seller, to deliver the defective thing to the complaint address, and if, due to the nature of the thing or the manner of its installation, delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. If the Seller fails to perform his obligation, the Consumer is entitled to return the item at the expense and peril of the Seller.
The cost of replacement or repair shall be borne by the Seller, except as described in §5 item 10.
The Seller is obliged to accept the defective item from the Consumer in case of replacement of the item with a defect-free one or withdrawal from the contract.
The vendor will respond within fourteen days to the based on Art. 5615 of the Civil Code: a statement to demand a reduction in price, a request to replace the item with a defect-free item, a request to remove the defect. The Seller shall respond within thirty days (Article 7a of the Consumer Law) to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code.

Otherwise, he shall be deemed to have recognized the Consumer’s statement or request as legitimate.

The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the moment the item is released to the Consumer, and if the object of sale is a used item before the expiration of one year from the moment the item is released to the Consumer.
The Consumer’s claim for removal of defects or replacement of the sold thing with a defect-free one-year statute of limitations, counting from the date of discovery of the defect, but not before the expiration of two years from the moment of release of the thing to the Consumer, and if the object of sale is a used thing before the expiration of one year from the moment of release of the thing to the Consumer.
In the event that the shelf life of an item specified by the Seller or the manufacturer expires after two years from the moment the item is issued to the Consumer, the Seller shall be liable under the warranty for physical defects of the item found before the expiration of this period.
Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the sold thing, and if the Consumer has demanded replacement of the thing with a defect-free one or removal of the defect, the time limit for submitting a statement of withdrawal from the contract or reduction of the price shall begin when the time limit for replacement of the thing or removal of the defect expires ineffectively.
If one of the warranty rights is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the legal conclusion of the proceedings. Accordingly, it also applies to mediation proceedings, whereby the time limit for exercising other warranty rights of the Consumer begins to run from the date of the court’s refusal to approve the mediated settlement or the ineffective termination of mediation.
For the exercise of rights under the warranty for legal defects of the sold thing, §5 points 15-16 shall apply, except that the period shall begin from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action by a third party – from the date on which the judgment issued in the dispute with the third party became final.
If, due to a defect in the item, the Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he concluded the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the cost of concluding the contract, the cost of collection, transportation, storage and insurance of the item, reimbursement of the expenditures made to the extent that he did not benefit from them, and did not receive their reimbursement from a third party, and reimbursement of the cost of the process. This is without prejudice to the provisions on the obligation to compensate for damages under the general rules.
The expiration of any period for the discovery of a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
The Seller, insofar as he is obliged to provide a service or financial performance to the Consumer, shall perform it without undue delay, no later than within the period prescribed by law.

§6 Privacy policy and security of personal data

The Personal Data Administrator is responsible for the lawful processing of personal data, and the rules for the collection, processing and storage of personal data, as well as the Buyer’s rights related to his personal data are available in the Privacy Policy.
The Personal Data Administrator processes Buyers’ personal data on the basis of consent and in connection with the legitimate interests of the Seller.
The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
The Buyer’s consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
For the purpose of processing the Buyer’s order, the following personal data is collected:
1. postal address – necessary to issue a proof of purchase;
2. place of delivery of the item – necessary to address the shipment;
3. e-mail – necessary for communication related to the execution of the order;
4. telephone number – necessary if you choose certain types of delivery
Detailed solutions for the protection of personal data related to placing an order, but also to the use of the store before and after placing an order are contained in the privacy policy.

§7 Final provisions

None of the provisions of these regulations is intended to violate the rights of the Buyer. It cannot bé also bė interpreted in this way, sincė in case of inconsistency of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.
Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail indicated when registering or ordering). Notification will be sent at least 30 days before the new regulations go into effect. Amendments will be made to bring the regulations in line with current legislation.
The current version of the terms and conditions is always available to the Buyer in the terms and conditions tab(https://klostore.pl/strona/regulamin). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the terms and conditions accepted by him when placing the order. Except when the Consumer deems it less favorable than the current one and informs the Seller of the choice of the current one as applicable.
In matters not covered by these regulations, the relevant applicable laws shall apply̨. Disputes, if the Consumer so wishes, are resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. through the EU online ODR platform or by choosing any authorized entity from among those on the OCCP’s register. The seller declares its intention and agrees to an out-of-court settlement of a consumer dispute.

As a last resort, the case will be decided by a court of local and material jurisdiction.

Version 15.0 (Kielce, 18.01 2021)