TERMS OF SALE IN ONLINE STORE CHINESE CORNER

 

Online store operating at www.chinskikacik.pl is a platform run by Dorota Pingot-Kupść conducting business activity under the name Sinesis Dorota Pingot-Kupść based in Gdańsk, Leśny Stok 25, NIP 5842590393 , REGON 365086088, tel: 733387393, address e- mail: kontakt@chinskikacik.pl

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GLOSSARY:

 

• E-store - an internet platform for which the Company has the right to use, available at www.chinskikacik.pl and enabling placing orders by the User.

• Registration form - an electronic form that has been completed by the User in order to gain access to the functionality of the E-store consisting in placing orders for products offered in the E-store.

• Company - Dorota Pingot-Kupść running a business under the name Sinesis Dorota Pingot-Kupść based in Gdańsk, ul. Leśny Stok 25, NIP 5842590393, REGON 365086088.

• Regulations - these regulations including all attachments..

• Product page - a page in the E-shop where information about the product is presented.

• User - a natural person or a legal person or an organizational unit without legal personality, which the law grants legal personality, having full legal capacity that uses, makes or intends to make purchases in the E-store.

 

§ 1 Conditions of the contract

 

1. The User may place orders 7 (seven) days a week and 24 (twenty four) hours a day via the website www.chinskikacik.pl.

2. In the shopping cart, the User indicates:

• ordered products,

• the address to which the object of the contract is to be delivered and the data necessary to issue the invoice,

• e-mail address to which the order confirmation should be sent,

• Delivery method,

• payment method,

  3. The ordering procedure includes instructions:

• product selection,

• selection of delivery options,

• choosing the payment method,

• order confirmation.

 

 4. After placing the order, the Company sends to the e-mail address provided by the User confirmation of order registration along with relevant information about the order. Confirmation of the order registration is a statement of the Company about accepting the offer. From this moment, the contract between the Company and the User is considered to be concluded.

  5. Object of the contract will be sent to the address indicated by the user in the order, as the delivery address.

  6. In the event of the absence of the ordered product, the Company will inform the User about the situation by sending a message to the e-mail address provided by the User.

  7. In the event that the implementation of a part of the order is not possible, the Company may propose to the User:

a) cancellation of the entire order (if this option is selected by the User, the Company will be exempt from the obligation to fulfill the order),

b) partial cancellation of the order, where the complete implementation is not possible within the prescribed period (in the case of choosing this option by the User, the order will be executed in part, whereby the Company will be released from the obligation to implement it in the remaining scope),

c) division of the order and appointment of a new deadline for the part of the contract, the implementation of which is not possible at the initially set date (in the case of choosing this option by the user, sending the products will be made in several separate shipments, and the user will not be charged with costs related to the division of the order into several shipments).

The choice of one of the options mentioned in point 7 a-c belongs to the User, however he is obliged to inform the Company about it via e-mail at the following address: kontakt@chinskikacik.pl

 

  8. The company is obliged to deliver things free from defects.

   9. In the absence of payment for the object of the order within 10 days, the order will be canceled.

  10. The date of payment is considered to be the Company's account total amount corresponding to the value of the order.

 11. Contact with the company is possible via e-mail address kontakt@chinskikacik.pl and at telephone number 733387393 from Monday to Friday from 10-18.

 12. The costs of using the means of distance communication in order to conclude a contract shall be borne by the Company and the User on its own, this also applies if they are higher than those usually used for the use of this means of communication.

 13. The User is obliged to keep the login and password for his account in the E-store secret.

 

§ 2 Product prices

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1. The company publishes information about products on the E-shop website and sells the above-mentioned products. products via the Internet.

2. The prices on the E-shop website are shown next to the product and are gross prices, given in Polish zlotys (PLN) and do not contain information on shipping costs.

3. The company is exempt from VAT (pursuant to Article 113. 1 of the VAT Act), so it does not issue VAT invoices. At the Customer's request, an invoice can be issued to document the sale of the exempt, if such a request was made within 3 months, counting from the end of the month in which the product was delivered or all or part of the payment was received. The invoice may be delivered electronically to the e-mail address provided by the Customer, unless the Customer clearly indicates that the invoice should be delivered by regular mail.​

  4. The binding price and the final price is the price of the product given on the E-store website at the moment of placing the order by the User.

  5. Information on the total value of the order is presented in the shopping cart. After the User selects the form of delivery and the payment method.

  6. Company reserves the right to change the prices of products on an ongoing basis, and to carry out and cancel all types of promotional campaigns and sales. The authorization referred to in the previous sentence does not affect orders placed before the effective date of the price change, the conditions of promotional campaigns or sales.

  7. Promotions in the E-store do not combine, unless the regulations of a given promotion state otherwise.

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§ 3 Modification of the order

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1. User may change the order until the Company sends the shipment with the subject of the order to the User. The changes may concern the resignation of all or part of the products making up the order, changes in the delivery address, or changes to the invoice data. In case of cancellation of the order, if the payment has been made in advance, the payment refund will take place immediately, but not further than within 14 (fourteen) days from the date of the User's resignation.

2. Changes can be made by sending an e-mail to the address kontakt@chinskikacik.pl

 

§ 4 Payment methods and commencement of the order

 

1. The user has the option of making a payment in one of the following ways:

• by cash, at the time of receiving the ordered product (cash on delivery),

• by bank transfer to the account indicated on the invoice within 7 days of placing the order,

  2. User can not combine different payment methods in one order.

 

§ 5 Delivery time

 

1. The company may post on the product page information on the number of working days, i.e. days of the week from Monday to Friday, excluding public holidays, during which the parcel will be sent with the subject of the order. The above-mentioned information is an approximate time counted from the moment of acceptance of the order to execution until the moment of sending the subject of the order to the User. The order delivery time is given taking into consideration the date of completion of all ordered products.

2. The subject of the order may be delivered via courier company DPD, Poczta Polska or InPost parcel lockers, to which address is indicated in the order by the User.

 

§ 6 Complaints procedure

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1. The User has the right to lodge a complaint under the warranty within 2 (two) years from the date of delivery of the subject of the order, if within 1 (one) month from the day on which he stated the inconsistency of the delivered products with the contract, he will notify the Company about the issue.
    

 

1. Within 14 (fourteen) days, Company will address the User's complaint and inform him about further procedure.

2. In order to consider a complaint, the User should deliver product or products, that are the subject of the complaint, to the Company. The cost of delivering the advertised product or products is borne by the Company.

3. Advertised products should be delivered to the following address: Leśny Stok 25, 80-260 Gdańsk. In this case, the Company will reimburse the User for the cost of shipment to the indicated bank account immediately, but no later than within 14 days from the date of receipt of the products complained about.

4. If the subject of the order was delivered via Poczta Polska or a courier company, complaints should be sent back to the Company's address via Poczta Polska by registered mail - economic parcel or registered letter if the dimensions of the item allow it. In this case, the Company will refund the shipping costs to the User.

5. In the case of considering a complaint in favor of the User - the Company shall immediately and without excessive inconvenience for the User replace the defective item with one free of defects or remove the defect. If the Company fails to fulfill this obligation, the User may submit a statement about price reduction or withdrawal from the contract. If the User submits a declaration of withdrawal from the contract or a reduction of the price, the Company will refund the payment, or part of the payment to the User for the claimed product immediately, but not later than within 14 (fourteen) days from the date of consideration of the complaint. If the User is a consumer, instead of removing the defect proposed by the Company, User may request a replacement of the item for a new one, free from defects, or instead of replacing the item, demand a removal of the defect, unless bringing item to compliance with the contract in the manner chosen by the User is impossible or would require excessive costs compared to the way proposed by the Company. When assessing the excess of costs, the value of the item free of defects is taken into account, the type and significance of the defect, and the inconvenience to which the User would otherwise be exposed.

6. The reduced price should remain in such a proportion to the price resulting from the contract, in which the value of the item with the defect remains to the value of the item without a defect.

7. The Customer can not withdraw from the contract if the defect is irrelevant.

8. The company covers the delivery costs of the complained product.

9. In the event of a dispute between the Company and the User, the User has the opportunity to use extrajudicial ways to deal with complaints and redress, in particular through mediation, arbitration or a complaint committee. These procedures are carried out by the Provincial Inspectorates of the Trade Inspection, the Office of Electronic Communications, the Arbitration Court at the Insurance Ombudsman, Banking Consumer Arbitration at the Polish Bank Association, the Arbitration Court at the Polish Financial Supervision Authority, the Association of Advertising Councils that provide information in this regard.

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§ 7 Cancellation of the order and withdrawal from the contract

 

1. The User can cancel the order if the products that were included in it have not yet been sent by sending an e-mail to kontakt@chinskikacik.pl

2. A user who is a natural person making purchases in the E-store in the field of activities not directly related to his business or professional activity may return the purchase without giving a reason within 14 (fourteen) days of receiving the completed order.

3. The User referred to in Act 2 above may return the purchased products on the terms described in this paragraph, if within 14 (fourteen) days from the date of receipt of the goods he will submit a declaration of withdrawal from the contract.

4. Returned products should be sent back to the Company's correspondence address.

5. If the User has chosen a method of delivery of the product other than the cheapest method of delivery offered by the Company, the Company is not obliged to refund additional costs incurred by the User.

6. The model withdrawal form is attached as Annex 2 to the Act on consumer rights (Polish Journal of Laws of 2014, item 827).

7. Returned products should be sent to the following address: Wojska Polskiego 15/6, 80-277 Gdańsk.

8. Withdrawal from a contract concluded outside the business premises or at a distance is not available to the Customer in relation to contracts:

• for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the service begins that after fulfilling the provision by the entrepreneur he will lose the right to withdraw from the contract;

• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;

• in which the object of the service is a non-prefabricated item, manufactured according to the consumer's specification or prepared to satisfy his individual needs;

• in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;

• in which the object of the service is an item delivered in a sealed package, which after opening the package can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

• in which the object of a service is an item, that after delivery, due to its nature, is inseparably connected with other things;

• in which the subject of the order are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;

• in which the consumer clearly demanded that the entrepreneur come to the customer’s address for urgent repair or maintenance; if the entrepreneur provides additional services other than those, that the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;

• in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;

• for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;

• concluded through a public auction;

• for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

• for delivery of digital content that is not stored on a tangible medium, if the fulfillment of the service started with the consumer's express consent before the deadline for withdrawal and after informing him by the trader about the loss of the right to withdraw from the contract.

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§ 8 Return goods policy

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1. The purchased goods should be returned unchanged unless the change was necessary within the normal use.

2. The return should be made by packing the goods in a cardboard box or a bubble envelope of at least the same dimensions as the box or envelope in which the customer received the goods.

3. The Customer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of things, in particular for reducing the value of things as a result of packing it in a manner inconsistent with the policy.

 

§ 9  Returns to the Users

 

  1. The Company will refund the payment within 14 calendar days in the case of:

• cancellation of the order or part of the order (in which case the appropriate part of the price is refunded) paid in advance before its implementation,

• return of the product (withdrawal from the contract) from the order,

• recognizing the complaint and the inability to repair the damaged product or replace it with a new one.

  2. The refund will be made to the User's bank account.

  3. The company is not obliged to refund the payment directly to the User if he made the payment for the order using another bank account. In this case, if one of the premises for refunding the amounts due referred to in paragraph 1 above, the refund will be made directly to the bank account holder.

 

§ 10 Personal data

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1. By registering in the E-Store, the User, by checking the appropriate field of the registration form, agrees to entrust the Company with the processing of his personal data:

• name, surname, address, e-mail address, telephone number in case the ordering party is a natural person

      or

• name, surname, address, e-mail address, telephone number, tax identification number, company's contact details in the case of a person running a business or legal entity in order to fulfill User's orders made in the E-Store.

2. Providing personal data by the User is voluntary, however, the lack of consent to the processing of personal data prevents the registration and execution of User's orders in the E-Store.

3. In the case of additional consent by the User, by selecting an additional field of the registration form, the personal data provided by the User, referred to in paragraph. 1 above, will be processed in order to inform the User about new products, services and promotions offered by the Company.

4. The administrator of the User's personal data is the Company.

5. Personal data is protected in accordance with the Act of 29 August 1997 on the protection of personal data (consolidated text, Journal of Laws of 2002 No. 101, item 926, as amended) in a way that prevents access to third parties.

6. The Data Administrator is not responsible for providing false personal data by the User.

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§ 11  Final Provisions

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1. Product information posted on the E-Store website does not constitute an offer within the meaning of the Civil Code.

2. The availability of information about products on the E-Store website does not mean the availability of these products in stock and the possibility of order fulfillment, while the User is always informed about the unavailability of a given product before placing an order.

3. In matters not covered by the regulations, the provisions of Polish law, in particular the Civil Code and the provisions of the Act on consumer rights (Journal of Laws of 2014 item 827) shall apply. All product names posted on the E-Store website are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117, as amended).

4. These Regulations are valid from 10.07.2016. The company reserves the right to change the regulations for important reasons mentioned in § 11 sec. 7 of the Regulations. The change of Regulations becomes effective on the date indicated by the Company, not shorter than 14 days from the moment of making the amended regulations available on the website www.chinskikacik.pl. Orders placed by Users prior to the entry into force of the amendments to the Regulations are implemented in accordance with the previous provisions of the Regulations.

5. Important reasons on the basis of which the Company may change the regulations in the mode described in § 11 para. 7 are:

• change of the provisions of the generally applicable law and the need to adapt the provisions of the Regulations to the current legal provisions

• resignation by the Company from shipping products ordered by Users through one or several distribution channels

• introduction by the Company of a new distribution channel of products ordered by the User

• change of contact details of the Company causing the necessity to update definitions contained in the Regulations

• resignation, change or introduction of a new form of payment for products by the User

• changing e-mail addresses to contact the Company

• changing the structure of the shopping cart submitted by the User described in § 1 para. 2 of the Regulations

• introduction of the possibility of entrusting the processing of Users' personal data to another entity than the Company with the consent of the Users

• Amendments to the Regulations for one of the reasons given in § 11 para. 7 of the Regulations takes place in the scope in which the given reason determines the change of the Regulations and comes into force on the day of its announcement in the E-store. For relations between Users and Company, the provisions of the Regulations in force at the time when the obligation arises shall apply.