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Terms and Conditions of the online store: kamuflage.eu
The Owner, Seller and Administrator of the Store is:
Robert Zapora conducting business activity under the name
Przedsiębiorstwo Wielobranżowe "RAPU" Robert Zapora with its registered office in Rzeszów, at the address: ul. Tadeusza Boya-Żeleńskiego 11, 35 - 305 Rzeszów,
NIP (tax identification number): 9222181461 REGON: 950325689 entered into CEIDG (Central Registration and Information on Economic Activity). Business activity is also carried out at additional addresses, i.e. respectively:
I GENERAL PROVISIONS
1. The online store available at: www.kamuflage.eu is run by Robert Zapora, running a business under the name Przedsiębiorstwo Wielobranżowe "RAPU" Robert Zapora - detailed information on the business is presented above.
2. The Terms and Conditions are drawn up in Polish and constitute a standard form contract for a remote contract, in accordance with the generally applicable provisions of Polish law.
3. In order to conclude a Contract with the Seller, the Buyer may exercise the right to negotiate the terms of the Contract or conclude a Contract with the Seller based on these Terms and Conditions.
4. The content of the Terms and Conditions, in the event of a separate decision of the Buyer, constitutes the content of the Contract concluded between the Parties. The content of the Contract is, in accordance with applicable regulations, recorded and made available to the Buyer on a durable medium, in order to guarantee the Buyer the possibility of referring to it if necessary.
5. Sales are conducted in the territory of the Republic of Poland.
6. The customer has the opportunity to get acquainted with the code of good practice of traders. The code of good practice is included in the Act of 23 August 2007 on counteracting unfair market practices. The current text of the Act is available at http://isap.sejm.gov.pl/
7. The data set has been registered with GIODO, information on which can be found at: https://egiodo.giodo.gov.pl/form_ver4.dhtml? form_id=88705303
8. All products offered in the kamuflage.eu store are brand new, free from physical and legal defects, and have been legally introduced to the Polish market. This information is tantamount to the Seller's obligation to deliver products without defects to the Customer.
9. The prices given on the Store's website www.kamuflage.eu are expressed in Polish zlotys and include VAT.
10. The Buyer may place orders in the Store 24 hours a day, 7 days a week via the website www.kamuflage.eu
11. Communication with the Seller made by the Buyer causes the Buyer to incur costs resulting from contracts concluded by the Buyer with third parties, for the possibility of using certain forms of remote communication, the Seller does not charge any additional fees or benefits for the possibility of communicating
with him.
12. The subject of activity of the kamuflage.eu online store is retail and wholesale of clothes and other products via the Internet.
13. In matters not covered by these Terms and Conditions, the relevant provisions of law in force in the territory of the Republic of Poland shall apply, in particular the Act of April 23, 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended),
the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827) and the Act of August 29, 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002, No. 101, item 926 as amended).
14. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer who is also a Consumer within the meaning of the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), to which he is entitled under the mandatory provisions of law. In the event of non-compliance of the provisions of these Terms and Conditions with the above provisions, these provisions shall prevail.
15. In the event of a dispute with the Seller, the Consumer may settle the matter amicably by:
a. contacting a permanent consumer arbitration court
b. mediation
c. contacting the voivodeship inspector of the Trade Inspection
d. obtaining free assistance in resolving the dispute from the Consumer Federation using the free consumer helpline 800 007 707.
16. "The Store, pursuant to 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), is obliged to provide information about the platform of the online dispute resolution system between consumers and traders at the EU level (hereinafter: ODR Platform). In connection with the above, we provide an electronic link to the ODR Platform: ec.europa.eu/odr, where you will find information on the forms of out-of-court dispute resolution, and in particular the Consumer will be able to submit a complaint through it if he/she wishes to use these forms. However, this method is voluntary, which means that if the Consumer submits a complaint via the ODR Platform, the Website is not obliged to use alternative methods of solving it. It is therefore possible to refuse the Service despite the Consumer's complaint to resolve the matter in the above-mentioned way."
II DEFINITIONS
1. TERMS AND CONDITIONS - these Terms and Conditions together with appendices; informing about the obligations and entitlements of the two Parties to the Contract;
2. PARTY - the Buyer or the Seller is a Party to the Contract; in the case of the term Parties - it is understood as the Buyer and the Seller jointly;
3. CONTRACT CONCLUDED REMOTELY - a Contract concluded remotely by the Parties, in the absence of the simultaneous presence of two Parties to the Contract; The contract is concluded with the use of remote Communication Channels available in the Store;
4. COMMUNICATION CHANNELS - forms of placing orders at a distance specified in point 10 of I GENERAL PROVISIONS
5. STORE - online store available at: www.kamuflage.eu
6. SELLER - Robert Zapora conducting business activity under the name
Przedsiębiorstwo Wielobranżowe "RAPU" Robert Zapora with its registered office in Rzeszów, at the address: ul. Tadeusza Boya-Żeleńskiego 11, 35 - 305 Rzeszow,
NIP: 9222181461 REGON: 950325689 entered into CEIDG (Central Registration and Information on Economic Activity). Business activity is also conducted at additional addresses, i.e. respectively: Al. Kopisto 1, 35-315 Rzeszów, Al. Piłsudskiego 44, 35-001 Rzeszów and Al. Jerozolimskie 179, 02-222 Warsaw
7. SERVICE PROVIDER - Robert Zapora conducting business activity under the name Przedsiębiorstwo Wielobranżowe "RAPU" Robert Zapora with its registered office in Rzeszów, at the address: ul. Tadeusza Boya-Żeleńskiego 11, 35 - 305 Rzeszów,
NIP 9222181461 REGON 950325689 entered into CEIDG (Central Registration and Information on Economic Activity). Business activity is also conducted at additional addresses, i.e. respectively: Al. Kopisto 1, 35-315 Rzeszów, Al. Piłsudskiego 44, 35-001 Rzeszów and Al. Jerozolimskie 179, 02-222 Warsaw
8. CUSTOMER - a natural person, a legal person and an organisational unit without legal personality, which the law grants legal capacity, purchasing products via the Online Store, available at
www.kamuflage.eu
and by phone or e-mail;
9. CONSUMER - a natural person purchasing products via the kamuflage.eu online store, by phone or e-mail for purposes not directly related to their business or professional activity.
10. BUYER - the Customer and the Consumer jointly;
11. SERVICE RECIPIENT - a natural person, a legal person and an organisational unit without legal personality, which the law grants legal capacity, purchasing products via the online store, available at www.kamuflage.eu
and subscribing to the Newsletter;
12. ORDER - an offer to conclude a sales contract submitted by the Buyer via the kamuflage.eu online store;
13. USER - any entity using the online store;
14. ACCOUNT - the User's individual administration panel available after registration and logging in to the kamuflage.eu online store, marked with a login and password, used to conclude sales contracts;
15. REGISTRATION - the process of creating an Account by the User in the kamuflage.eu online store;
16. SALES CONTRACT - a contract for the sale of goods concluded between the Seller and the Buyer via the Online Store;
17. PRODUCT - any item sold via the kamuflage.eu online store;
18. NEWSLETTER - a service provided electronically, consisting in sending commercial information of our products to the Service Recipients;
19. FORM OF PAYMENT- the form of payment for the ordered product, selected by the Buyer when placing the Order, offered by the Store or as a result of individual arrangements with the Store in a form other than the payment methods presented on the website;
20. FORM OF DELIVERY - the form of delivery of the ordered product, selected by the Buyer when placing the Order or as a result of individual arrangements made with the Store in a form other than the form of delivery presented on the website;
21. SALES DOCUMENT - VAT invoice or receipt, depending on the Buyer's indications;
22. APPENDICES - information on the right to withdraw from the contract and a template of the withdrawal form;
23. CODE OF GOOD PRACTICE - a set of rules of conduct, adopted in the generally applicable law in the form of ethical and professional standards in order to counteract unfair market practices, which is used by the Seller;
24. INFORMATION - information about the product, located next to a photo of the product, which is a description of the most important definitions and characteristics of a given product, enabling the Buyer to become familiar with its properties;
25. BASKET - a form of storage of products selected by the Buyer for the purpose of their subsequent purchase;
26. PRODUCT DELIVERY PLACE - the place indicated by the Buyer in the order placed, to which the product purchased by the Buyer is to be delivered;
27. MOMENT OF PRODUCT DELIVERY - the moment when the Buyer or another person authorised to receive the product takes possession of the product being the subject of the concluded contract;
28. ADDRESS FOR COMPLAINTS OR WITHDRAWAL FROM THE CONTRACT - the address or addresses indicated by the Seller as addresses for submitting specific declarations, which are addresses for correspondence;
29. SUBJECT OF THE CONTRACT or SUBJECT OF THE SERVICE - products or services selected by the Buyer, which are the subject of the Contract or the subject of the Service; the scope of the subject of the Contract also includes the delivery of the product by the Seller, if the Buyer chooses one of the forms of product delivery offered by the Seller;
30. SERVICES PROVIDED ELECTRONICALLY - functionalities of the ICT and IT system that enable the Service Provider to offer specific technical solutions, such as: the possibility of setting up and maintaining an Account in the Online Store; provision of the Newsletter Service and enabling a one-time possibility of placing an Order via the Order Form in the Online Store; without the simultaneous presence of the parties (remotely), by data transmission at the individual request of the Service Recipient, sent and received using devices for electronic processing, including digital compression, and data storage, which are fully broadcast, received or transmitted via a telecommunications network in within the meaning of the Act of July 16, 2004 - Telecommunications Law;
31. ORDER FORM - a technical system available in the Online Store that allows the Buyer to place an Order through the available form fields, without the need to register in advance in the Online Store;
32. IT SYSTEM - technical and IT structures as well as software enabling transmission;
33. DEFECT - a legal or physical defect of the purchased product
III Registration
1. Registration in the kamuflage.eu online store is voluntary and free of charge.
2. In order to register in the Store, the User should complete the registration form on the Store's website, providing their real data.
3. In order to successfully complete the Registration process, the User must provide the following data:
a. User Name
b. E-mail address
c. Password
d. Repeat password
4. Optionally, when registering, agreement can be given to receive the Newsletter about promotions and new products in the store at the email address provided during registration.
5. After the User completes the fields of the registration form with the required data, a User Account will be created.
6. In the event that the User data required during the registration process changes, the User is asked to update them in order to bring them into line
with reality.
7. In a situation where the User data required during the registration process changes after the commencement of an order, the User is asked to update them and inform the Store about it.
8. In order to make a successful purchase in the store, the User is required to provide the following information:
a. First name
b. Surname
c. E-mail address
d. Telephone
Shipping data: natural person/company
e. First name/Company name
f. Surname/NIP
g. Country
h. Voivodeship
i. Street
j. No. house/flat
k. City
l. Postal Code
9. Optionally, it is possible to provide the payer's data, as indicated in point 3.
10. After the User completes the fields of the order form, the method of delivery is determined.
11. Depending on the order amount, shipping may be free or paid.
Details regarding the payment for delivery can be found in point 4 of section V Order Processing.
12. Optionally, the customer can also enter comments on the order he is placing.
IV ORDERS
1. The customer may place orders in the Store 24 hours a day, 7 days a week via the website www.kamuflage.eu
2. Information about products presented on the Store's website does not constitute an offer within the meaning of the provisions of the Civil Code; it is an invitation to conclude a Sales Contract.
3. Placing an Order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
4. Registration and creating an Account is not a prerequisite for placing an order in the kamuflage.eu Store. The buyer has the option to place
orders through the Online Store without prior registration, using the order form.
5. In order to place an order, the Buyer should add the product he intends to buy to the "Basket". Adding a Product to the "Basket" is not tantamount to placing an order. Products can be freely added to or removed from the "Basket".
6. The "Basket" allows the Buyer to manage the ordered products and recalculate the value of the order.
7. To finalise your order, add the products you have selected to the "Basket". The next step is to select the options specifying: payment and delivery method, respectively. The Buyer may place an order after logging into his Account or in the absence of an account by providing the data necessary for the Seller to perform the contract in the form.
8. When placing an order, the Buyer may optionally enter comments on the order, placing them in the place indicated for this purpose. Here you can also choose a delivery address other than your billing data.
9. The final stage is to specify the form of the bill (receipt or VAT invoice). After completing the necessary fields of the order, select the button "to confirm".
10. After placing a correct order, the Buyer is shown the buyer's data and address details, as well as the amount of the order and the form of its implementation. If you accept all the elements you have selected, in order to successfully place an Order, you must select the "order and pay" button. The moment of conclusion of the contract is considered to be the confirmation by the Online Store of the order placed by e-mail.
11. The buyer may make changes to the order by e-mail or telephone, or withdraw the order in its entirety if it has not been sent.
12. The ordered goods shall be delivered to the address specified by the Buyer.
13. The date of performance of the Contract concluded via the Online Store is the date of receipt of the consignment by the Buyer.
V PAYMENT METHOD
1. All prices in the Store are gross prices, including value added tax (VAT).
2. The store provides the following payment methods:
a. prepayment - payment by bank transfer - payment to the company's bank account of the full value of the order as calculated, before delivery of the ordered goods,
b. cash on delivery - payment upon receipt of the goods
c. by online transfer - payment to the company's bank account of the full value of the order as calculated, before delivery of the ordered goods,
3. The Buyer purchases the goods and orders the service according to the prices and the amount of delivery costs applicable at the time of placing the order.
4. The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by the entity performing the deliveries. This provision does not apply to orders that are already being processed.
5. Current prices and delivery costs are presented on a subpage of the Online Store and are visible at the Basket level.
VI DELIVERY COMPLETION
1. The delivery is made to the address indicated by the Buyer in the order.
2. Deliveries are carried out via the courier company dPD. The delivery of the goods takes place promptly after receipt and confirmation of the order by the kamuflage.eu online Store and is carried out within 48 hours, on working days.
3. In some cases, delivery can take up to 7 days. In such cases, the Buyer is informed of this when the Store confirms the order.
4. The ordered goods are delivered by the DPD courier company. The buyer is charged with the delivery costs specified in the transport price list, in the amount of PLN 17 for orders not exceeding PLN 40. In the case of orders exceeding PLN 40, but not exceeding PLN 150, the cost of transport is PLN 10. Orders over PLN 150 are subject to free shipping.
5. Orders are processed on working days from 8:30 - 17:00.
6. The Buyer has the option of choosing a different form of delivery (carrier) than those offered on the Online Store Website. In such a case, however, the risk of loss, damage and responsibility for the consignment upon its release by the Seller to the carrier rests with the Buyer.
7. In the case of the situation described above in point 6, the information about the responsibility for the consignment is provided to the Buyer by the Seller by e-mail at the indicated contact address after the order is placed.
8. If the Seller cannot provide the service due to the fact that goods are not available, promptly, but no later than within thirty days from the conclusion of the Contract, he shall notify the Buyer, who shall decide on the further fate of the order placed by him.
9. If the Seller is unable to perform a service with properties individually ordered by the Buyer due to a temporary inability to meet it, the Seller may, with the consent of the Buyer, provide a substitute service, corresponding to the same quality and purpose and for the same price or remuneration, or in a different manner agreed by the Parties.
10. It is recommended that a Consumer within the meaning of art. 221 of the Civil Code, if possible, checks the condition of the goods after delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.) write an appropriate report. Checking the consignment will facilitate and accelerate the pursuit of any claims against the responsible entity in the event of mechanical damage to the consignment caused during transport. In such situations, it is recommended that the Consumer contact the Seller by phone as soon as possible: 530 597 955 or to the e-mail address: [email protected]
11. A Buyer who is not a Consumer within the meaning of Art. 221 of the
Civil Code is obliged to check the condition of the goods after delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.). In the event of mechanical damage to the consignment caused during transport, the customer should write a damage report and promptly contact the Seller by phone: 530 597 955 or to the email address: [email protected]
VII COMPLAINTS — Responsibility for non-compliance of the goods with the contract
1. In the event of non-compliance of the goods with the contract, the consumer has the rights set out in the Consumer Rights Act of 14 May 2014.
2. The trader is liable for the lack of compliance of the goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the goods determined by the trader, his legal predecessors or persons acting on their behalf is longer. A lack of compliance of the goods with the contract, which became apparent within two years from the moment of delivery of the goods, shall be presumed to have existed at the time of delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the goods or the nature of the lack of compliance of the goods with the contract.
3. The trader may not invoke the expiry of the time limit to determine the lack of compliance of the goods with the contract referred to in the paragraph above if this lack has been fraudulently concealed.
4. With regard to goods with digital elements, the trader is liable for the lack of compliance with the contract of the digital content or digital service supplied continuously, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This period cannot be shorter than two years from the moment of delivery of goods with digital elements. The lack of compliance of the digital content or digital service with the contract is presumed to have occurred at that time, if it became apparent at that time.
5. The address for complaints is: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11, 35-105 Rzeszów
6. The time limit for the trader to consider a complaint is 14 days.
7. The store does not accept cash on delivery packages. All costs of a legitimate complaint shall be reimbursed to the customer to the account indicated by the customer.
[Repair or replacement of goods]
1. If the goods are inconsistent with the contract, the consumer may demand their repair or replacement.
2. The trader may make a replacement when the consumer demands repair, or the trader may make a repair when the consumer demands a replacement, if bringing the goods into compliance in the manner chosen by the consumer is impossible or would require excessive costs for the trader. If the repair and replacement are impossible or would require excessive costs for the trader, he may refuse to bring the goods into compliance with the contract.
3. When assessing the excess of costs for the trader, all circumstances of the case are taken into account, in particular the importance of the lack of compliance of the goods with the contract, the value of the goods in accordance with the contract and excessive inconvenience for the consumer resulting from the change in the way of bringing the goods into compliance with the contract.
4. The trader shall carry out the repair or replacement within a reasonable time from the moment the trader was informed by the consumer of the lack of compliance and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the trader.
5. The consumer shall make the goods subject to repair or replacement available to the trader. The trader shall collect the goods from the consumer at his own expense.
6. If the goods were installed before the non-compliance of the goods with the contract was revealed, the trader shall disassemble the goods and reassemble them after the repair or replacement, or have these activities performed at his own expense.
7. The consumer is not obliged to pay for the normal use of the goods that have subsequently been replaced.
[Declaration of price reduction or withdrawal from the contract]
1. If the goods are inconsistent with the contract, the consumer may submit a declaration of price reduction or withdrawal from the contract when:
1) the trader has refused to bring the goods into compliance with the contract in accordance with art. 43d para. 2;
2) the trader has not brought the goods into compliance with the contract in accordance with art. 43d para. 4-6;
3) the lack of compliance of the goods with the contract continues despite the fact that the trader has tried to bring the goods into compliance with the contract;
4) the lack of compliance of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d;
5) it is clear from a declaration by the trader or from the circumstances that he will not bring the goods into compliance within a reasonable time or without undue inconvenience to the consumer.
2. The reduced price must be in such proportion to the price resulting from the contract, in which the value of the non-compliant goods is compared to the value of the goods compliant with the contract.
3. The trader shall return to the consumer the amounts due as a result of exercising the right to a price reduction promptly, not later than within 14 days from the date of receipt of the consumer's declaration on the price reduction.
4. The consumer may not withdraw from the contract if the lack of compliance of the goods with the contract is insignificant. The lack of compliance of the goods with the contract is presumed to be material.
5. If the lack of compliance concerns only some of the goods supplied under the contract, the consumer may withdraw from the contract only in respect of those goods, and also in respect of other goods purchased by the consumer together with the non-compliant goods, if the consumer cannot reasonably be expected to agree to retain only the goods in compliance with the contract.
6. In the event of withdrawal from the contract, the consumer shall promptly return the goods to the trader at his expense. The trader shall reimburse the consumer for the price promptly, not later than within 14 days from the date of receipt of the goods or proof of their return.
7. The trader shall refund the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him.
8. The consumer may withhold payment of the price until the trader fulfils his obligations under Art. 43d and Art. 43e of the Consumer Rights Act.
VIII GUARANTEE
1. Goods sold via the kamuflage.eu Online Store are covered by the Seller's and the Manufacturer's guarantee. The manufacturer and the seller provide a one-year guarantee for the product purchased. The seller is responsible for the non-compliance of the goods with the contract in accordance with the Consumer Rights Act.
2. The detailed terms of the guarantee are presented in the guarantee form issued by the guarantor.
IX EXCHANGE
1. The buyer has the right to exchange a given product for a different size or model within 14 days of receiving the product.
2. The return shipping costs are borne by the Buyer.
3. The returned goods must not bear traces of use, they should have factory packaging and tags, otherwise the goods shall be sent back to the Buyer at his expense.
4. The exchange shall be carried out promptly after receipt of the delivery by the Store, no later than 14 days from the date of receipt.
5. Exchanges should be arranged in advance with the kamuflage.eu online store staff
6. In order to exchange the goods, you must send the goods back to us at your own expense (in accordance with the Terms and Conditions). Then, please place a new order (proceeding exactly the same way as in the case of the first order) and in the remarks field enter “For exchange from order no. ...”
replacing the dots with the number of the order you would like to return. Please include the proof of purchase (receipt/invoice) and the completed goods exchange form with the returned package. The exchanged goods must not bear traces of use and must have all tags and company emblems. The exchange of goods shall take place when the return consignment is delivered. It is possible to order goods of a different value (addition of the difference in the price paid on delivery in the case of more expensive goods or its return to the account in the case of goods of a lower value).
X WITHDRAWAL FROM THE CONTRACT - RETURNS OF PRODUCTS
1. The consumer, pursuant to art. 27 para. 1 of the Consumer Rights Act, who concluded a distance contract, may withdraw from it without giving any reason and without incurring costs, with the exception of the costs specified in Art. 33, 34 and 35 of the Consumer Rights Act, by submitting a relevant declaration in writing within fourteen days from the date of delivery of the subject of the contract. To meet this deadline, it is sufficient to send a declaration before its expiry. The declaration can be sent by e-mail to the following address: [email protected] or by post to the following address:
Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11,
35-105 Rzeszów
2. The declaration may be made on the form which is attached to these Terms and Conditions and which was sent to the Consumer together with the product, also available at www.kamuflage.eu or in another form, in accordance with the Consumer Rights Act.
3. Together with the declaration referred to in point 1, the Customer is also asked to send information about the current account number to which the refund should be made.
4. The Seller confirms to the Consumer promptly after receiving the declaration of withdrawal from the contract that it has been received. Such confirmation is sent to the e-mail address provided in the Order or indicated as the contact address in the submitted declaration of withdrawal from the contract.
5. In the event of withdrawal from the Contract, the Contract is considered not to have been concluded.
6. The consumer is obliged to return the product or products promptly, no later than 14 days from the date of withdrawal from the Contract.
7. The consumer returns the subject or subjects of the Contract from which he withdrew at his own risk and expense.
8. The consumer is liable for any decrease in the value of the product or products subject to the Contract, following the use of the product or products in a way that goes beyond the ordinary use of the product, in order to determine the characteristics, functionality and nature of the product.
9. The Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Contract, return to the Consumer all payments made by him, including the cost of delivering the product, with the reservation that:
a. the Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him;
b. if the Consumer chooses a method of delivering the product other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him;
c. The consumer is liable for a decrease in the value of the product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functionality as referred to in point 8 above;
10. In the event of withdrawal from a distance contract for services started with the Consumer's consent before the expiry of the withdrawal period, the Consumer is obliged to pay for the services provided until the withdrawal from the Contract.
11. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.
12. The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he has not consented to the performance of the service before the deadline for withdrawing from the Contract or has not been informed about the loss of his right to withdraw from the Contract at the time of granting such consent, or the trader has not provided confirmation in accordance with Art. 15 para. 1 and art. 21 para. 1 of the Consumer Rights Act.
13. The Seller may withhold the reimbursement of the payment received from the Consumer until he receives the returned item or the Consumer provides proof of its return, depending on which event occurs first.
14. The consumer, in accordance with art. 39 of the Consumer Rights Act does not have the right to withdraw from the Contract in the following cases:
a. for the provision of services, if the trader has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the trader, he shall lose the right to withdraw from the Contract;
b. 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 expiry of the withdrawal period;
c. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
d. in which the subject of the service is an item that is subject to rapid deterioration or has a short shelf life;
e. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f. in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
g. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
h. in which the consumer explicitly demanded that the trader come to him in order to make an urgent repair or maintenance; if the trader provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Contract is granted to the Consumer in relation to the additional services or items;
i. where the subject of the service are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
j. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;
k. concluded through a public auction;
l. for the provision of accommodation services other than for residential purposes, transport of goods, vehicle rental, catering, services related to leisure, entertainment, sports or cultural events, if the Contract specifies the day or period of service provision;
m. for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline to withdraw from the Contract and after the trader informs him about the loss of the right to withdraw from the Contract;
XI PROVISION OF SERVICES BY ELECTRONIC MEANS
1. The Service Provider provides the following Electronic Services via the Online Store available at www.kamuflage.eu
a. creating and maintaining an Account in the Online Store
b. enabling placement of an order through the appropriate Form
c. Newsletter
2. The provision of Electronic Services by the Service Provider is free of charge.
3. The contract for the provision of Electronic Services consisting in maintaining an Account in the Online Store and providing the Newsletter Service is concluded for an indefinite period.
4. The contract for the provision of electronic services consisting in enabling the submission of an order via the appropriate Form is concluded for a definite period of time and terminates when an order is placed or the Customer discontinues placement of an order.
5. Recommended technical requirements for cooperation with the ICT system are: computer with Internet access, access to e-mail, web browser: Internet Explorer 7.0 or later with JavaScript and cookies enabled, Mozilla Firefox 4.0 or later with JavaScript and cookies enabled, or Google Chrome 8 or later. Recommended monitor resolution 1024x768 pixels.
6. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, taking into account respect for
personal rights and intellectual property rights of third parties. The service recipient is prohibited from providing illegal content. It is forbidden to use Electronic Services in a way that unlawfully interferes with the functioning of the Online Store by using specific software or devices and by sending or posting unsolicited commercial information in the Online Store.
7. The Service Recipient may submit complaints related to the provision of electronic services via the Online Store www.kamuflage.eu by sending an e-mail to the address: [email protected] or in writing to the following address: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora, ul. Boya-Żeleńskiego 11, 35-105 Rzeszów. The Seller shall promptly consider the complaint no later than 14 days after submission of the complaint.
8. The Service Recipient may terminate with immediate effect an indefinite service for the provision of Electronic Services of a continuous nature at any time and without giving reasons by sending a relevant declaration via e-mail to the following address: [email protected] or in writing to the following address: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora ul. Boya-Żeleńskiego 11, 35-105 Rzeszów.
9. The Service Provider may terminate an indefinite contract for the provision of Electronic Services in the event that the Service Recipient objectively or persistently violates the Terms and Conditions, and in particular when it provides unlawful content, after an ineffective, one-time request to cease, with an appropriate deadline. In this case, the contract expires after 7 days from submitting the declaration of intent to terminate.
10. The Service Provider and the Service Recipient may, by agreement of the parties, terminate the Contract for the provision of electronic services at any time.
11. Termination of the Contract for the provision of electronic services concluded for an indefinite period by the Service Provider or the Service Recipient does not affect the rights or benefits acquired by the Parties during the term of the Contract.
12. The Service Provider shall respond to the Complaint to the e-mail address provided by the Customer or in another manner agreed by the Parties.
XII FINAL PROVISIONS
1. The content of these Terms and Conditions may be changed after informing the Users about the scope of the expected changes no later than 14 days before the date of their entry into force.
2. Orders placed during the validity of the previous version of the Terms and Conditions shall be implemented in accordance with their provisions. If the User does not agree to the changes to the Terms and Conditions, he may delete his Account.
3. Any disputes arising between the Seller and the Customer, who is a Consumer within the meaning of Article 221 of the Civil Code, shall be resolved by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
4. Any disputes arising between the Seller and the Customer, who is not a consumer within the meaning of Article 221 of the Civil Code, shall be resolved by a common court competent for the registered office of the Store.
5. Users can contact the Seller in the following way:
a. telephone: 501-750-420
b. e-mail: [email protected]
c. contact form
d. in writing to the following address: :Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11, 35-105 Rzeszów
6. Customers may access these Terms and Conditions at any time via the link provided on the home page of the kamuflage.eu. Online Store.
7. The Terms and Conditions may be recorded, acquired and reproduced by printing them or saving them on a suitable data carrier.
8. The name of the kamuflage.eu Online Store, the address at which it is available: www.kamuflage.eu and all materials contained therein are subject to copyright and are subject to legal protection. Using and disseminating them without the consent of the owner of the Store is prohibited.
9. These Terms and Conditions are effective from January 1, 2023.