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Store Terms and Conditions

Kajawis online shop Terms and Conditions, setting out, among other things, the rules for concluding contracts through the Shop, containing the most important information about the Seller, the Shop and Consumer rights.

Table of contents

  1. Definitions
  2. Contact the Seller
  3. Technical requirements
  4. Shopping in the Store
  5. Payments
  6. Order fulfilment
  7. Right to withdraw from the agreement
  8. Exceptions to the right of withdrawal
  9. Complaints
  10. Personal data
  11. Final provisions

Appendix No. 1: Model withdrawal form
Appendix No. 2: Account Terms and Conditions

§ 1 Definitions

Working days - days from Monday to Friday, excluding public holidays in Poland.

Civil Code - the Act of 23 April 1964, the Civil Code.

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Account - a free Shop function (an electronically supplied service) governed by Appendix No. 2 to the Terms and Conditions, through which any entity using the Shop may create its individual account in the Shop.

Buyer - any entity purchasing from the Store.

Privileged buyer - a Buyer who is a Consumer or a Privileged Entrepreneur.

Privileged entrepreneur - a natural person entering into an agreement with the Seller directly related to their business activity, but not of a professional nature for that person.

Terms and Conditions - these Terms and Conditions.

Shop - the Kajawis online shop operated by the Seller at https://kajawis.pl.

Seller - JAKUB STEFAŃCZYK, an entrepreneur conducting business under the name KAJAWIS JAKUB STEFAŃCZYK, entered in the Central Register and Information on Economic Activity maintained by the minister responsible for economic affairs (the Minister of Finance and Economy), NIP 6572694722, REGON 360548325.
Registered office address: ul. Romualda 2/133, 25-322 Kielce.
Returns and complaints address: ul. Graniczna 16, 25-649 Kielce.

Consumer Rights Act - the Act of 30 May 2014 on Consumer Rights.

§ 2 Contact with the Seller

  1. Postal address (also for returns and complaints): ul. Graniczna 16, 25-649 Kielce
  2. Email address: info@kajawis.pl
  3. Telephone: 533 404 695

§ 3 Technical requirements

  1. The following are required for the Store to function properly:
    • a device with Internet access,
    • a web browser supporting JavaScript and cookies.
  2. In order to place an order in the Shop, in addition to the requirements set out in paragraph 1, an active email account is required.

§ 4 Purchases in the Store

  1. Product prices displayed in the Store are total prices per product, including VAT.
  2. The Seller notes that the total price of the order consists of the following amounts indicated in the Shop: the price of the product and, where applicable, the delivery costs of the goods.
  3. When announcing a reduction in the price of a product, the Seller also indicates the lowest price for that product that applied during the 30 days before the reduction was introduced.
  4. The product selected for purchase must be added to the basket in the Shop.
  5. The Buyer then selects the method of delivery of the goods and the payment method for the order from the options available in the Shop, and provides the data necessary to fulfil the order placed.
  6. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
  7. Placing an order constitutes the conclusion of a sales agreement between the Buyer and the Seller.
  8. The Buyer may register in the Store, i.e. create an Account, or make purchases without registering by providing their details with each potential order.

§ 5 Payments

  1. Depending on the Buyer's choice, an order may be paid for via ING Pay, a payment service provided by ING Bank Śląski S.A., with its registered office in Katowice:
    • using a BLIK code,
    • by payment card,
    • by fast online bank transfer,
    • using Google Pay or Apple Pay,
    • via PayPo deferred payment (a service provided by PayPo sp. z o.o.).
  2. ING Bank Śląski S.A. provides online payment services.
  3. The order must be paid for within 2 working days of placing the order.
  4. The Seller informs that, in the case of payment methods where the field for entering the data necessary to complete the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order.
  5. By making purchases in the Store, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw their acceptance.

§ 6 Order fulfilment

  1. The order fulfilment time is indicated in the Shop.
  2. The Seller will begin processing the order once it has been paid for.
  3. Where, as part of a single order, the Buyer has purchased products with different fulfilment times, the order shall be fulfilled within the time applicable to the product with the longest fulfilment time.
  4. Goods are delivered exclusively within the territory of the Republic of Poland.
  5. Products purchased in the Shop are delivered according to the delivery method selected by the Buyer:
    • to a collection point: InPost Parcel Locker, DPD Pickup or Orlen Paczka,
    • via the courier companies: InPost, DPD or Orlen.

§ 7 Right to withdraw from the agreement

  1. A Privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Shop within 14 days without giving any reason, subject to § 8 of the Terms and Conditions.
  2. The period for withdrawing from the contract expires 14 days from the date of:
    • on which the Privileged Buyer took possession of the goods, or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of those goods;
    • in which the privileged Buyer took possession of the last item, batch or part, in the case of an agreement obliging the transfer of ownership of multiple goods delivered separately, in batches or in parts.
  3. In order for a privileged Buyer to exercise the right of withdrawal from the contract, they must inform the Seller, using the details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or email).
  4. The Privileged Buyer may use the model withdrawal form provided at the end of the Terms and Conditions (Appendix No. 1), but this is not mandatory.
  5. To meet the deadline for withdrawal from the agreement, it is sufficient for the Privileged Buyer to send information concerning the exercise of their right to withdraw from the agreement before the withdrawal deadline expires.

Consequences of withdrawal from the contract

  1. In the event of withdrawal from the concluded contract, the Seller shall reimburse the Privileged Buyer for all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the Privileged Buyer's choice of a delivery method other than the least expensive standard delivery method offered by the Seller), without undue delay and, in any event, no later than 14 days from the date on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal from the contract.
  2. The Seller shall refund the payment using the same payment methods that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different arrangement; in any event, the privileged Buyer shall not incur any fees in connection with such refund.
  3. If it is necessary to refund funds for a transaction made by payment card, the Seller shall issue the refund to the bank account associated with that payment card.
  4. The Seller may withhold the refund until receipt of the goods or until the provision of proof that they have been returned, whichever occurs first.
  5. The goods must be returned to the following address: ul. Graniczna 16, 25-649 Kielce, without undue delay and, in any event, no later than 14 days from the day on which the Privileged Buyer informed the Seller of withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the expiry of the 14-day period.
  6. The privileged Buyer bears the direct costs of returning the goods.
  7. The Privileged Buyer is liable only for any reduction in the value of the goods resulting from use other than what was necessary to establish the nature, characteristics and functioning of the goods.

§ 8 Exceptions to the right of withdrawal

The right to withdraw from a distance contract referred to in § 7 of the Terms and Conditions does not apply to a contract:

  • where the subject matter of the performance is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to meet their individual needs (this applies in particular to personalised products, made to individual order);
  • where the subject of the performance is goods that deteriorate rapidly or have a short shelf life;
  • where the subject matter of the service is goods supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
  • where the subject of the performance is goods which, after delivery, due to their nature, become inseparably combined with other items.

§ 9 Complaints

I. General provisions

  1. The Seller is liable for the conformity of the goods with the agreement in accordance with the Consumer Rights Act.
  2. Complaints may be submitted to the postal or email address specified in § 2 of the Terms and Conditions.
  3. If a guarantee has been provided for the product, information about it and its terms and conditions are available in the Store.
  4. Complaints concerning the operation of the Store should be sent to the email address indicated in § 2 of the Terms and Conditions.
  5. The Seller will respond to the complaint within 14 days of receiving it.

II. Privileged Buyers

  1. If the goods do not conform to the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
  2. The Seller shall be liable for any lack of conformity of the goods with the contract that exists at the time of delivery and becomes apparent within two years of that time, unless the goods' period of suitability for use, as specified by the Seller, is longer.
  3. Pursuant to the provisions of the Consumer Rights Act, the Privileged Buyer may in each case request:
    • exchange of goods,
    • repair of the goods.
  4. In addition, a Privileged Buyer may submit a declaration of a price reduction or withdrawal from the contract where:
    • The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
    • The Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4)-(6) of the Consumer Rights Act;
    • the lack of conformity of the goods with the contract persists despite the Seller's attempt to bring the goods into conformity with the contract;
    • the lack of conformity of the goods with the contract is sufficiently significant to justify a price reduction or withdrawal from the contract without first using the remedies set out in Article 43d of the Consumer Rights Act;
    • the Seller's statement or the circumstances clearly indicate that they will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the privileged Buyer.
  5. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller shall collect the goods from the Privileged Buyer at its own expense.
  6. The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.
  7. In the event of withdrawal from the contract referred to in this section, the Privileged Buyer shall promptly return the goods to the Seller at their own expense, to the following address: Graniczna Street 16, 25-649 Kielce. The Seller shall refund the price to the Privileged Buyer promptly, no later than within 14 days of receiving the goods or proof of their return.
  8. The Seller shall reimburse the privileged Buyer for amounts due as a result of exercising the right to a price reduction without delay, no later than within 14 days of receiving the privileged Buyer's statement on the price reduction.

Out-of-court methods of handling complaints and pursuing claims

If the complaint procedure does not produce the result expected by the Consumer, the Consumer may use, among other things:

  • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of Inspectorates is available at: uokik.gov.pl;
  • assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be heard before the arbitration court should be submitted. As a rule, the proceedings are free of charge;
  • free assistance from the municipal or district Consumer Ombudsman.

III. Buyers other than Privileged Buyers

  1. If the goods are defective, a Buyer other than a Privileged Buyer may make a complaint regarding the defective goods under the statutory warranty regulated by the Civil Code.
  2. In accordance with the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their rights under the statutory warranty if they have not inspected the goods within the time and in the manner customary for goods of this type and have not promptly notified the Seller of the defect, or, where the defect became apparent only later, if they have not promptly notified the Seller after discovering it. To meet the above deadline, it is sufficient to send notification of the defect before its expiry.
  3. When exercising the statutory warranty for defects, a Buyer other than a Privileged Buyer may, under the terms set out in the Civil Code:
    • submit a declaration of a price reduction,
    • in the event of a material defect, submit a declaration of withdrawal from the contract,
    • request replacement of the goods with goods free from defects,
    • request removal of the defect.
  4. If it proves necessary to deliver the defective goods to the Seller in order to consider a complaint, a Buyer other than a Privileged Buyer is obliged to deliver those goods to the following address: ul. Graniczna 16, 25-649 Kielce.
  5. The provisions of § 11(8) of the Terms and Conditions apply to the Seller’s liability towards a Buyer other than a Privileged Buyer in connection with a complaint.

§ 10 Personal data

  1. The controller of personal data provided by the Buyer while using the Store is the Seller. Detailed information concerning the processing of personal data by the Seller, including other purposes and legal bases for data processing, as well as data recipients, can be found in the Privacy Policy.
  2. The purpose of the Seller's processing of the Buyer's data, provided by the Buyer in connection with purchases in the Shop, is to fulfil orders. The legal basis for processing personal data in this case is:
    • a contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) GDPR),
    • the legal obligation incumbent on the Seller relating to accounting (Article 6(1)(c) of the GDPR) and
    • the Seller's legitimate interest in processing data for the purpose of establishing, pursuing or defending potential claims (Article 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but necessary to conclude the contract. Failure to provide the data will make it impossible to conclude a contract in the Shop.
  4. The Buyer's data provided in connection with purchases from the Store will be processed until:
    • the contract concluded between the Buyer and the Seller will cease to apply;
    • the Seller will no longer be subject to a legal obligation requiring the processing of the Buyer's data;
    • the possibility for the Buyer or Seller to pursue claims related to the agreement concluded through the Shop shall cease;
    • the Buyer's objection to the processing of their personal data is accepted, where the basis for data processing was the Seller's legitimate interest
    depending on which applies in the given case and which occurs later.
  5. The Buyer has the right to request:
    • access to your personal data,
    • their rectification,
    • erasure,
    • restriction of processing,
    • transfer of data to another controller,
    as well as the right to object at any time, on grounds relating to the Buyer's particular situation, to the processing of their personal data based on Article 6(1)(f) of the GDPR (i.e. on legitimate interests pursued by the Seller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
  7. If the Buyer considers that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

§ 11 Final provisions

  1. The Buyer is prohibited from providing unlawful content.
  2. The Terms and Conditions are available in Polish. Agreements concluded on the basis of the Terms and Conditions are concluded in Polish.
  3. Each order placed in the Shop constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the duration and purpose of fulfilling the order.
  4. The Seller designates the email address info@kajawis.pl as the contact point for matters related to the Digital Services Act (DSA).
  5. Users may report unlawful content or content that infringes the Terms and Conditions to the address indicated in section 4. The Seller may remove such content or restrict access to it, and the user has the right to appeal the Seller's decision.
  6. In the event of a dispute with a Buyer who is not a privileged Buyer, the court having jurisdiction over the Seller's registered office shall have jurisdiction.
  7. None of the provisions of the Terms and Conditions excludes or limits the rights of the Privileged Buyer arising from the provisions of law.
  8. Any liability of the Seller towards a Buyer who is not a Privileged Buyer arising from the concluded agreement is limited, to the extent permitted by law, to the amount of the order placed by the Buyer which resulted in the conclusion of the agreement, and to 1 year from the conclusion of that agreement.

Appendix No. 1: Template withdrawal form

(complete and return this form only if you wish to withdraw from the agreement)

KAJAWIS JAKUB STEFAŃCZYK
Graniczna Street 16, 25-649 Kielce
email address: info@kajawis.pl

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*) / for the provision of the following service(*):

....................................................................................................

Date of conclusion of the contract(*)/collection(*): ..............................

First and last name: ..............................

Address: ..............................

Signature (only if the form is submitted in paper form): ..............................

Date: ..............................

(*) Delete as appropriate.

Appendix No. 2: Kajawis Store Account Terms and Conditions

§ 1 Definitions

Consumer - a consumer within the meaning of the provisions of the Civil Code.

Account - a free Store function (service) governed by these Terms and Conditions, through which the Service Recipient may create their individual account in the Store.

Service Recipient - any entity creating an Account or interested in creating an Account.

Privileged Service Recipient - A Service Recipient who is a Consumer or a natural person concluding an agreement with the Service Provider directly related to their business activity, but which is not of a professional nature to them.

Shop - the Kajawis online shop operated by the Service Provider at https://kajawis.pl.

Service Provider - JAKUB STEFAŃCZYK, an entrepreneur conducting business under the name KAJAWIS JAKUB STEFAŃCZYK, entered in the Central Register and Information on Economic Activity maintained by the minister responsible for economic affairs (the Minister of Finance and Economy), NIP 6572694722, REGON 360548325, registered office address: ul. Romualda 2/133, 25-322 Kielce.

§ 2 Contact with the Service Provider

  1. Postal address: ul. Graniczna 16, 25-649 Kielce
  2. Email address: info@kajawis.pl
  3. Telephone: 533 404 695

§ 3 Technical requirements

The following are required for the proper functioning and creation of an Account:

  • an active email account,
  • a device with Internet access,
  • a web browser that supports JavaScript and cookies.

§ 4 Account

  1. Creating an Account is entirely voluntary and depends on the Service Recipient's decision.
  2. The Account provides the Service Recipient with additional options, such as viewing the history of orders placed by the Service Recipient in the Shop, checking an order’s status, or independently editing the Service Recipient’s details.
  3. To create an Account, complete the relevant form in the Store.
  4. When the Account is created, an agreement for an indefinite period concerning the maintenance of the Account is concluded between the Service Recipient and the Service Provider on the terms set out in these Terms and Conditions.
  5. The Service Recipient may cancel their Account at any time without incurring any costs.
  6. The Account may be deleted independently at any time using the "Delete account" option available in the Store under Account → Settings, or by sending a resignation notice to the Service Provider at: info@kajawis.pl. Deleting the Account means termination of the agreement in respect of maintaining the Account.

§ 5 Complaints

  1. Complaints concerning the operation of the Account should be sent to the following email address: info@kajawis.pl.
  2. The Service Provider will consider the complaint within 14 days.
  3. If the complaint procedure does not produce the result expected by the Consumer, the Consumer may use out-of-court methods of handling complaints and pursuing claims, as described in § 9 of the Store Terms and Conditions.

§ 6 Personal data

  1. The controller of personal data provided by the Service Recipient while using the Account is the Service Provider. Detailed information on the processing of personal data can be found in Privacy Policy.
  2. The purpose of processing the Service Recipient's data is to maintain the Account. The legal basis for the processing of personal data in this case is the agreement for the provision of the service or actions taken at the Service Recipient's request in order to conclude it (Article 6(1)(b) GDPR), as well as the Service Provider's legitimate interest in processing the data in order to establish, pursue or defend potential claims (Article 6(1)(f) GDPR).
  3. Providing data by the Service Recipient is voluntary, but necessary for maintaining the Account.
  4. The Customer's data will be processed until:
    • The Account will be deleted by the Service Recipient or the Service Provider at the Service Recipient’s request;
    • the possibility for the Service Recipient or the Service Provider to pursue claims related to the Account shall cease;
    • the Service Recipient’s objection to the processing of their personal data will be accepted where the basis for processing the data was the legitimate interest of the Service Provider
    depending on which applies in the given case and which occurs later.
  5. The Service Recipient is entitled to the rights described in § 10(5)-(7) of the Store Terms and Conditions.

§ 7 Reservations

  1. The Service Recipient is prohibited from providing unlawful content.
  2. The agreement for maintaining the Account is concluded in Polish.
  3. In the event of important reasons referred to in section 4, the Service Provider has the right to amend these Terms and Conditions.
  4. Important reasons referred to in paragraph 3 include:
    • the need to adapt the Shop to legal provisions applicable to the Shop's business activities;
    • improving the security of the service provided;
    • a change to the Account functionality requiring an amendment to the terms and conditions.
  5. The Service Recipient will be informed of any planned amendment to the terms and conditions at least 7 days before it comes into force, by email sent to the address associated with the Account.
  6. If the Service Recipient does not accept the planned change, they should inform the Service Provider by sending an appropriate message to the Service Provider's email address: info@kajawis.pl, which will result in termination of the agreement concerning the maintenance of the Account when the planned change takes effect, or earlier if the Service Recipient makes such a request.
  7. If the Service Recipient does not object to the planned change before it enters into force, it is assumed that they accept it, which does not constitute any obstacle to terminating the agreement in the future.
  8. In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, the court having jurisdiction shall be the court having jurisdiction over the registered office of the Service Provider.

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