Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE

Information regarding distance sales contracts

A. / GENERAL PROVISIONS:

§ 1.

1. These Terms and Conditions set out the general terms of sales contracts concluded between Kamsol Paweł Plata (hereinafter referred to as the “Seller”) and a Consumer or an Entrepreneur (hereinafter referred to as the “Buyers”) via the Online Store and constitute an integral part of each sales contract concluded between the Seller and the Buyer via the Online Store.

2. These Terms and Conditions define the rules for using the Online Store, including in particular the rules for concluding sales contracts via the Online Store, the method of placing orders for goods made available on the Seller’s website at: www.kamsol.pl, delivery of the ordered goods to the Buyer, the type of goods offered by the Seller, payment of the sales price by the Buyer, the right to withdraw from the contract, the rules for submitting and processing Buyer complaints, and other information referred to in Article 12 of the Act of 30 May 2014 on Consumer Rights (DzU 2014.827), to the extent reflecting the specifics of the Seller’s business activity and applicable thereto.

3. The Terms and Conditions are made available to the Buyer prior to concluding a sales contract—already at the registration stage in the Online Store—by including in the registration window a reference (link) redirecting to their content. Successful registration is conditional upon acceptance of the provisions of the Terms and Conditions after becoming familiar with their content. The Buyer has access to the Terms and Conditions at any time, both before and after registration—including directly before placing an order—by entering the “Terms and Conditions” tab on the website at: www.kamsol.pl (https://www.kamsol.pl/regulamin,25) and downloading them as a PDF file. 

§ 2.

1. The terms used in these Terms and Conditions shall mean:

a) Kamsol Paweł Plata – a business operating under the name “Kamsol” with its registered office in Śledziejowice 220, address: Śledziejowice 220, 32-020 Wieliczka, entered in the Central Registration and Information on Business (CEIDG) of the Republic of Poland, Tax ID (NIP): 683-122-97-19, Statistical No. (REGON): 351134600;

b) Consumer – a natural person performing a legal act not directly related to their business or professional activity—purchasing goods for purposes not related to business or professional activity;

c) Entrepreneur – a natural person, legal person, or an organizational unit without legal personality to which a separate act grants legal capacity, conducting business activity in its own name; Entrepreneurs also include partners in a civil law partnership within the scope of their business activity—purchasing goods for purposes related to business or professional activity.

d) Business premises – the place intended to serve the Seller’s customers, located at: Śledziejowice 220, 32-020 Wieliczka, phone: (12) 345 02 99, fax: (12) ) 345 03 99, e-mail: biuro@kamsol.pl,

e) Online store – the online store operated by the Seller at: www.kamsol.pl. 

§ 3.

1. The Buyer may contact the Seller in person at the Business premises specified in §2 section 1 letter d of these Terms and Conditions, by registered mail, by phone, by fax or by e-mail. The data necessary to contact the Seller in the forms indicated above are specified in §2 section 1 letter d of these Terms and Conditions.

2. The Seller will contact the Buyer by sending messages to the e-mail address provided by the Buyer during registration, or will provide information by phone (if the Buyer provided a phone number), or by registered mail to the Buyer’s residential or delivery address provided by the Buyer, if these addresses differ.

§4.

1. In matters not regulated by these Terms and Conditions, the following provisions apply to sales contracts concluded with a Consumer: the Act of 23 April 1964 – the Civil Code (DzU No. 16, item 93) – hereinafter the “Civil Code”, the Act of 18 July 2002 on the provision of services by electronic means (DzU No. 144, item 1204), the Act of 4 March 2010 on providing services in the territory of the Republic of Poland (DzU No. 47, item 278), and the Act of 30 May 2014 on Consumer Rights (DzU 2014.827). 2. In matters not regulated by these Terms and Conditions, the following provisions apply to sales contracts concluded with an Entrepreneur: the Civil Code of 23 April 1964 (DzU No. 16, item 93) – hereinafter the “Civil Code”, the Act of 18 July 2002 on the provision of services by electronic means (DzU No. 144, item 1204), and the Act of 4 March 2010 on providing services in the territory of the Republic of Poland (DzU No. 47, item 278). 

§ 5.

1. Disputes arising in connection with the conclusion or performance of sales contracts concluded via the Online Store, if not settled amicably by the parties, shall be submitted for resolution to:

a) a common court according to general jurisdiction – in the case of contracts concluded with a Consumer;

b) a court having jurisdiction over the Seller’s registered office – in the case of contracts concluded with an Entrepreneur.

2. In the event of a dispute arising in connection with a Consumer complaint regarding consumer goods, the Consumer may use out-of-court methods of complaint handling and pursuing claims—after exhausting the complaint procedure—by:

a) applying to a permanent consumer arbitration court operating at the Provincial Inspectorates of the Trade Inspection (at the Małopolska Provincial Inspectorate of the Trade Inspection in Kraków there is a Permanent Consumer Arbitration Court in Kraków), by submitting an application to resolve a dispute between the Consumer and the Seller arising from a sales contract, providing in the application in particular the parties’ identification data, the subject of the dispute, actions taken so far, and the Consumer’s claim against the Seller,

b) submitting an application for mediation to the Provincial Inspectorate of the Trade Inspection (for Małopolskie Province: the Małopolska Provincial Inspectorate of the Trade Inspection in Kraków), providing in the application in particular the parties’ identification data, the subject of the dispute, actions taken so far, and the Consumer’s claim against the Seller,

c) lodging a complaint with the European Consumer Centre in Poland (ECC Poland).

3. The Consumer may also obtain free assistance in resolving a dispute between the Consumer and the Seller from a district (municipal) consumer ombudsman or from social organizations whose statutory tasks include consumer protection (for example: the Consumers’ Federation, the Polish Consumers Association). 

B./ RULES FOR USING THE ONLINE STORE:

I. Technical requirements, registration, logging in.

§ 1.

1. To use the Online Store, including browsing the assortment and placing orders, you need a computer with Internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, and an active e-mail account.

2. Browsing the Online Store assortment does not require registration or logging in at www.kamsol.pl.

§ 2.

1. Registration in the Online Store consists of completing the registration form available on www.kamsol.pl in the “register” tab (https://www.kamsol.pl/rejestracja,5), at least with the data indicated in fields marked with an asterisk (*), and accepting the Online Store Terms and Conditions.

2. Registration in the Online Store is free of charge.

3. Using the account created after registration requires activation by clicking the link included in an e-mail sent by the Seller to the Buyer’s e-mail address provided during registration.

§ 3.

1. Logging in to the Online Store is done by entering the username and password provided during registration into the login form available on www.kamsol.pl in the “log in” tab, and then confirming by clicking the “log in” icon. 

II. Placing and processing orders.

§ 1.

1. The Buyer may place orders for goods available in the Online Store assortment 7 (seven) days a week, 24 (twenty-four) hours a day.

2. “Available goods” means goods marked by the Seller with a grey square icon featuring a hand pictogram indicating that the order can be fulfilled within the assigned time (immediately, 24 hours, 48 hours, 72 hours).

§ 2.

1. Placing an order by the Buyer constitutes submitting to the Seller an offer to conclude a sales contract (i.e., to purchase) for the ordered goods.

2. To place an order, the Buyer must:

a) register in the Online Store,
b) log in to the Online Store,
c) select the goods being the subject of the order, then click the cart icon next to the product name and sales price,
d) click the “place order” icon,
e) select the payment method and the method of receiving the goods (personal pickup, delivery) from the options in the order form,
f) if the goods will be collected personally – select the city where the Business premises are located where pickup will take place (Śledziejowice 220),
g) click the “I order with obligation to pay” icon. 

3. For shipping data (if delivery is selected) and VAT invoice data, the system by default uses the data provided by the Buyer during registration in the Online Store. During completion of the order form, it is possible to change the invoice or delivery data. 

§ 3.

1. Acceptance of the order for processing by the Seller means the moment the Seller assigns the status “Current status is confirmed” to the order. Assigning the status “Current status is confirmed” constitutes the Seller’s statement of acceptance of the Buyer’s offer referred to in § 2 section 1 above.

2. The order processing and delivery time is:

a) if the Buyer chooses payment by bank transfer: if the full order amount is credited to the Seller’s bank account by 16:00 (four p.m.) – according to the delivery time indicated by the Seller for a given product in the Online Store, i.e. 24 (twenty-four) or 48 (forty-eight) or 72 (seventy-two) consecutive hours falling on weekdays Monday to Friday between 08:00 and 16:00, excluding public holidays—counted from the time the full order amount is credited to the Seller’s bank account; if the full order amount is credited after 16:00—according to the delivery time indicated by the Seller for a given product in the Online Store, i.e. 24/48/72 consecutive hours falling on weekdays Monday to Friday between 08:00 and 16:00, excluding public holidays—counted from 08:00 on the next day after the full amount is credited to the Seller’s bank account.

b) if the Buyer chooses cash payment or “Cash on Delivery – Courier”: if the order is assigned the status “Current status is confirmed” by 16:00—according to the delivery time indicated by the Seller for a given product in the Online Store, i.e. 24/48/72 consecutive hours falling on weekdays Monday to Friday between 08:00 and 16:00, excluding public holidays—counted from the moment that status is assigned; if the order is assigned the status “Current status is confirmed” after 16:00—according to the delivery time indicated by the Seller for a given product in the Online Store, i.e. 24/48/72 consecutive hours falling on weekdays Monday to Friday between 08:00 and 16:00, excluding public holidays—counted from 08:00 on the next day after that status is assigned.

3. The subject of the order is delivered by courier to the address provided by the Buyer, and in the case of personal pickup—made available at the Business premises selected by the Buyer (Śledziejowice 220).

4. If the subject of the order is delivered by courier—after the Seller dispatches the shipment, the Buyer may track it on the courier company’s website by logging in and entering the waybill (shipment) number. The waybill number and dispatch information will be provided to the Buyer on the day of shipment (information visible in the order status on the Seller’s website at: www.kamsol.pl).

III. Failure to accept an order for processing. 

§ 1.

1. If the ordered goods are not available in stock or if timely fulfillment is not possible for other reasons—the Seller, by not assigning the status “Current status is confirmed”, will inform the Buyer about the situation by sending an e-mail to the address provided during registration or by phone (if provided)—immediately after the Buyer places the order, no later than within 48 (forty-eight) hours falling on weekdays Monday to Friday between 08:00 and 16:00, excluding public holidays; if the order is placed after 16:00, this period is counted from 08:00 on the next business day (Monday–Friday excluding public holidays) after the order is placed.

2. Informing the Buyer as described in section 1 above and not assigning the status “Current status is confirmed” means that the sales contract between the Buyer and the Seller is not concluded and the Buyer’s order is not processed.

3. If the order can only be fulfilled in part—the Seller will inform the Buyer as described in section 1 above and may propose partial fulfillment. If the Buyer accepts, the order will be accepted for processing in part. The Seller will not accept the order for processing in the remaining scope.

4. If the Buyer does not agree to partial fulfillment, the Seller will not assign the status “Current status is confirmed”. The sales contract between the Buyer and the Seller will not be concluded and the Buyer’s order will not be processed in any part.

IV. Information about goods and prices.

§ 1.

1. Information about goods on www.kamsol.pl does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code.

§ 2.

1. Before concluding the contract, the Buyer is informed by the Seller about the main features of the service. By clicking on the selected product on www.kamsol.pl, the Buyer is informed, in particular, about the product type, name, technical parameters, net price, gross price, and additionally—by selecting “add to cart” (before placing an order and concluding the contract)—about the payable price and additional costs related to ordering, such as delivery costs, if such an option is selected.

2. Immediately before placing an order, the Buyer may familiarize themselves with the rules contained in the Terms and Conditions by clicking the word “terms and conditions” placed in the online order form, including rules for concluding sales contracts, placing orders, delivering goods, paying the sales price, the right to withdraw, complaint procedures, and other information referred to in Article 12 of the Act of 30 May 2014 on Consumer Rights (DzU 2014.827), as applicable to the Seller’s business. 

§3.

1. Sales prices of goods available in the Online Store at www.kamsol.pl are provided in Polish zloty (PLN) and are gross amounts. The gross amount consists of the net price and the VAT amount.

2. The sales price does not include delivery costs. Delivery costs depend on the selected payment method and are shown when the Buyer chooses the payment method.

3. The total order cost is the sales price (gross) plus delivery costs, as shown in the order form before the Buyer places the order.

4. The Buyer may reserve that the goods will be collected personally at the Business premises. In such case, the total order cost is only the sales price (gross).

5. Price information is binding until changed by the Seller (i.e., until a new price replaces the current one on the Online Store website); price changes do not affect orders placed and accepted for processing by the Seller in accordance with B. II. § 3 section 1 of these Terms and Conditions prior to the price change date.

V. Payment method. 

§ 1.

1. The Terms and Conditions provide for the following payment methods for ordered goods—selected by the Buyer:

a) cash,
b) “Cash on Delivery – Courier”,
c) bank transfer (prepayment to Kamsol company account),
d) online payment processed via Dotpay S.A., based in Kraków, 30-552 Kraków, ul. Wielicka 72

2. Cash payment is made by handing the total order amount to the person on duty at the Seller’s Business premises upon personal pickup.

3. “Cash on Delivery – Courier” payment consists of paying the total order amount to the courier upon delivery to the Buyer.

4. Bank transfer payment (prepayment) means that the Buyer pays the total order amount to the Seller’s bank account in advance, after the order is accepted for processing but before the goods are handed over for delivery/pickup. The payment details are sent to the Buyer as part of the document “ORDER SUBMISSION CONFIRMATION” to the e-mail address provided during registration, after the order is accepted for processing but before the goods are handed over. The Buyer’s payment deadline is 7 (seven) days from receiving the “ORDER SUBMISSION CONFIRMATION”.

6. The Buyer makes payment in accordance with the payment method selected in the order.

7. Online payment via Dotpay S.A. means that the Buyer pays the total order amount through the Dotpay S.A. system in advance, after the order is accepted for processing but before the goods are handed over—by making a direct transfer from the Buyer’s bank account to the Seller’s bank account, as described on the website and in accordance with the regulations available at http://www.dotpay.pl/o_serwisie/regulaminy/

VI. Complaint terms. Consumer. 

§ 1.

1. The Seller is obliged to provide the Consumer with consumer goods free from physical and legal defects.

2. The Seller is liable to the Consumer who purchases goods for purposes not related to business or professional activity (consumer goods) if the consumer goods have a physical or legal defect at the time of delivery—under the rules of statutory warranty for defects (rękojmia), regulated in Title II of the Act of 23 April 1964 – the Civil Code (Dz.U. 2014.121. consolidated text).

3. Complaints regarding defective consumer goods may be submitted by the Consumer in person at the Business premises indicated in item A. § 2 section 1 item (d) of these Terms and Conditions or in writing to the Seller’s address: “Kamsol Paweł Plata, Śledziejowice 220, 32-020 Wieliczka.” 

4. When submitting a complaint—either in person or in writing as per section 3 above—the Consumer should describe the defect found and indicate the date the defect was found, specify their claim related to the defect, present proof of purchase, and deliver the complained goods to the Seller, with the reservation that to meet the complaint submission deadline it is sufficient to send the notice of defect before the deadline expires. The Buyer may deliver the complained goods to the Seller via a courier company.

5. In connection with a complaint about defective consumer goods, the Consumer is entitled to demand repair of the item or replacement with an item free from defects, or a reduction of the price, or withdrawal from the contract, provided that the defect is significant.

6. Within 14 (fourteen) calendar days from the Consumer’s complaint regarding non-conformity of consumer goods with the contract, the Seller will respond to the complaint and the stated claim and will inform the Consumer about further procedure.

7. The Seller is liable under statutory warranty if a defect is found before two years from the date of delivery to the Consumer. A claim for defect removal or replacement becomes time-barred after one year from the date the defect is found; however, this period may not end before two years from the date of delivery. Within the periods specified, the Consumer may submit a statement of withdrawal or price reduction due to a defect. If the Consumer demanded replacement or repair, the period to submit a withdrawal or price reduction statement starts upon ineffective expiry of the deadline for replacement or repair.

8. The Consumer’s rights due to defects do not exclude, limit or suspend rights under a guarantee, if such was granted. Claims under a guarantee are made under the terms specified on the Online Store website http://www.kamsol.pl and directly before the Consumer places an order.

VII. Complaint terms. Entrepreneur. 

§ 1.

1. The Seller’s liability under statutory warranty for physical and legal defects is excluded in relation to Buyers who are Entrepreneurs.

2. The Seller may grant an Entrepreneur Buyer a guarantee under separately defined terms.

VIII. Withdrawal from the contract. Consumer. 

§ 1.

1. A Buyer who is a Consumer purchasing in the Online Store may withdraw from the sales contract for such goods without giving any reason by submitting an unequivocal written statement to the Seller within 14 (fourteen) days. The 14-day period is counted from the day the Consumer takes possession of the goods or from the day a third party indicated by the Consumer (other than the carrier) takes possession. To meet the deadline, it is sufficient to send the withdrawal statement before it expires (e.g., by post). The Consumer may use, among others, the withdrawal form included in the Act of 30 May 2014 on Consumer Rights (DzU 2014.827) – Annex No. 2 to the Act.

2. The right of withdrawal does not apply in cases specified in Article 38 of the Act of 30 May 2014 on Consumer Rights (DzU 2014.827), in particular contracts for sound/visual recordings or computer programs supplied in sealed packaging if the package has been opened after delivery; for services fully performed with the Consumer’s express consent after being informed that they would lose the right of withdrawal; where the subject is a non-prefabricated item made to the Consumer’s specifications or clearly personalized; where the subject is an item that, due to its nature, becomes inseparably mixed with other items after delivery; where the subject is an item liable to deteriorate quickly or with a short shelf life;

3. In the event of withdrawal, the Consumer is obliged to return the goods to the Seller in unchanged condition, unless a change was necessary within the limits of ordinary management. The Consumer is liable for any diminished value resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the goods. The Consumer shall return the goods to the Seller without undue delay, and in any event no later than 14 (fourteen) days from the day of withdrawal. The Consumer may return the goods in person at the Business premises (Sledziejowice 220, 32-020 Wieliczka) or by sending them to: Kamsol Paweł Plata, Śledziejowice 220, 32-020 Wieliczka. The return deadline is met if the Consumer sends the item back before the 14-day period expires or delivers it to the Business premises within that time.

4. The direct cost of returning goods due to withdrawal is borne by the Consumer. For goods whose nature (e.g., size, weight) makes it impossible to return by ordinary post, returning the goods may involve higher costs than ordinary postal shipment, which will also be borne by the Consumer.

5. If the Consumer withdraws from the contract, the Seller—subject to VIII §1 section 6—will refund to the Consumer no later than 14 (fourteen) days from receipt of the Consumer’s withdrawal statement the entire amount received, including the sales price and delivery costs paid by the Consumer (except additional costs resulting from the Consumer choosing a delivery method other than the least expensive standard delivery method offered by the Seller).

6. The Seller may withhold the refund until receiving the goods back or until the Consumer provides proof of returning them, whichever occurs first.

7. The Seller will refund payments using the same payment method used by the Consumer in the original transaction, unless the Consumer expressly agrees to another refund method. The Consumer will not incur any fees in connection with the refund referred to in section 5 above. 

IX. Security. Personal data.

§ 1.

1. The Seller is the controller of personal data within the meaning of the Act of 29 August 1997 on the protection of personal data (Dz.U.2002.101.926 consolidated text, as amended).

2. Providing personal data by the Buyer and consenting to their processing is voluntary, and the Buyer has the right to access their data and correct them.

3. Providing personal data (first name, last name, address, Tax ID, e-mail) is necessary to register an account in the Online Store. Personal data are provided by Buyers and consent to processing is expressed via the registration form and during use of the Online Store, including making purchases.

4. The Seller processes personal data for the purpose of concluding and performing sales contracts for goods ordered in the Online Store.

5. The Seller does not make Buyers’ personal data available to third parties for processing and use for marketing purposes.

6. The Seller undertakes to store and process personal data in accordance with the personal data protection act and provides Buyers with access to their personal data and the right to correct them, as well as the right, in cases specified by law, to submit a written, reasoned request to cease processing their personal data and the right to object to processing for marketing purposes or to transfer data to another data controller.

7. All correspondence regarding personal data processing should be addressed to the Seller, who provides information regarding processing, at: Kamsol Paweł Plata, Śledziejowice 220, 32-020 Wieliczka. In case of questions related to personal data processing, including the exercise of rights referred to in section 2 above, the Buyer may contact the Seller by e-mail at: biuro@kamsol.pl,

8. The Seller informs that the Online Store is built using state-of-the-art hardware and software, following the best solutions proven worldwide.

9. Detailed information regarding the Privacy Policy is included in the document “Kamsol Privacy Policy.pdf”.