Online store terms and conditions for Könner & Söhnen

Online store terms and conditions as of 31.10.2023.

Online Store Terms and Conditions for Könner & Söhnen

defining, among other things, the rules for concluding agreements through the Store, and containing key information about the Seller, the Store, and Consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix No. 1: Withdrawal Form Template

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – a Buyer who is a natural person, purchasing from the Store or undertaking activities aimed at making a purchase, unrelated to their business or professional activities.
Account – a digital service regulated by separate terms and conditions, allowing the Buyer to use additional features in the Store free of charge.
Buyer – any entity purchasing from the Store or undertaking activities aimed at making a purchase.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, entering into or intending to enter into an agreement with the Seller directly related to their business, but without a professional character.
Terms and Conditions – these terms and conditions.
Store – the Könner & Söhnen online store operated by the Seller at the address pl.konner-sohnen.com
Seller – DIMAX INTERNATIONAL POLAND LIMITED LIABILITY COMPANY, located at ul. Warszawska 306 B, 05-082 Stare Babice, registered in the National Court Register - register of entrepreneurs by the DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XIV COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0000507462, VAT number 7010424366, REGON number 14723857800000, with share capital of 100,000.00 PLN.
Consumer Rights Act – the Polish act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

Postal address: ul. Warszawska 306 B, 05-082 Stare Babice
Email address: info.pl@dimaxgroup.de
Phone: 570887795
The cost of telephone or data transmission charges incurred by the Buyer is based on the standard rates of their telecommunications operator or internet service provider. The Seller notes that international calls or data transmission may be more expensive than domestic rates, depending on the rates set by the telecommunications operator or internet service provider the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

For the Store to function properly, the following are required:
- an internet-connected device
- a web browser that supports JavaScript and cookies.
To place an order in the Store, an active email account is also required in addition to the requirements specified in section 1.

§ 4 SHOPPING IN THE STORE

The product prices displayed in the Store are the total prices for the product.
The Seller notes that the total order price consists of the product price and, if applicable, delivery costs as indicated in the Store.
The selected product must be added to the shopping cart in the Store.
The Buyer then selects a delivery method for the product and a payment method for the order from the available options in the Store, and provides the necessary data to complete the order.
The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each order.

§ 5 PAYMENTS

The following payment methods are available in the Store:
1. through payment platforms:
  - PayPal
  - Przelewy24
  - TPay.com
If the Buyer chooses to pay in advance, the order must be paid within 7 Business Days of placing the order.
By making purchases in the Store, the Buyer agrees to the Seller issuing electronic invoices. The Buyer has the right to withdraw this consent.

§ 6 ORDER FULFILLMENT

The order fulfillment time is 5 Business Days.
If the Buyer has chosen to pay in advance, the Seller will begin processing the order after receiving payment.
Delivery countries:
- Poland
- Romania, Bulgaria, Hungary
The available delivery method in the Store is via courier service.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

The privileged buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
The withdrawal period expires 14 days after the day:
1. on which the privileged buyer acquires possession of the goods, or on which a third party other than the carrier and indicated by the privileged buyer acquires possession of the goods;
2. on which the privileged buyer acquires possession of the last good, batch, or part, or on which a third party other than the carrier and indicated by the privileged buyer acquires possession of the last good, batch, or part, in the case of a contract obligating the transfer of ownership of multiple goods delivered separately, in batches, or in parts.
To exercise the right to withdraw from the contract, the privileged buyer 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 unequivocal statement (for example, a letter sent by post or by email).
The privileged buyer may use the withdrawal form template provided at the end of the Terms and Conditions, although it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the privileged buyer to send information regarding their exercise of the right to withdraw from the contract before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWING FROM THE CONTRACT
If the contract is withdrawn, the Seller shall reimburse all payments received from the privileged buyer, including the costs of delivery (except for additional costs resulting from the 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 day on which the Seller is informed of the privileged buyer's decision to withdraw from the contract.
The reimbursement will be made using the same payment methods as those used by the privileged buyer in the initial transaction, unless the buyer has agreed otherwise; in any case, the buyer will not incur any fees in connection with the reimbursement.
If the Seller has not offered to collect the goods themselves, they may withhold the reimbursement until they have received the goods back or have been provided with proof of the return, whichever occurs first.
The Seller requests that goods be returned to the following address: ul. Warszawska 306 B, 05-082 Stare Babice, promptly and in any event no later than 14 days from the day on which the privileged buyer informed the Seller of their decision to withdraw from the contract. The deadline is met if the buyer returns the goods before the 14-day period has expired.
The privileged buyer bears the direct costs of returning the goods.
The privileged buyer is only responsible for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
If, due to the nature of the goods, they cannot be returned by regular post, the privileged buyer will also have to bear the direct costs of returning the goods. The estimated cost of returning the goods will be provided by the Seller in the item description in the Store or during the order process.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal from a distance contract, as referred to in § 7 of the Terms and Conditions, does not apply to contracts for:
1. goods made to the privileged buyer's specifications or clearly personalized;
2. goods which are liable to deteriorate or expire rapidly;
3. goods delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;
4. goods which, after delivery, become inseparably mixed with other items;
5. audio or video recordings or sealed computer software which were unsealed after delivery;
6. the supply of newspapers, periodicals, or magazines, except for subscription contracts;
7. goods or services whose price depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

The Seller is liable to the privileged buyer for conformity with the contract, as provided for by applicable law, including especially the provisions of the Consumer Rights Act.
The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
If a product warranty is provided, information on it, as well as its conditions, will be available in the Store.
The Seller will respond to complaints within 14 days from the date of receipt.
If the privileged buyer's complaint is accepted, the Seller will issue a refund within 7 days using the same payment methods as those used in the original transaction, unless the buyer agrees otherwise. In any case, the buyer will not incur any fees related to the refund.

II PRIVILEGED BUYERS

Goods
1. If the goods do not conform to the contract, the privileged buyer has the right to the remedies specified in Chapter 5a of the Consumer Rights Act.
2. The Seller is liable for any non-conformity existing at the time of delivery and disclosed within two years, unless the shelf-life specified by the Seller or its predecessors is longer.
3. According to the Consumer Rights Act, in the event of non-conformity with the contract, the privileged buyer may request:
  1. replacement of the goods,
  2. repair of the goods.
4. Additionally, the privileged buyer may declare:
  1. a price reduction,
  2. withdrawal from the contract
  in cases where:
  - The Seller has refused to bring the goods into conformity with the contract as per Article 43d, Section 2 of the Consumer Rights Act;
  - The Seller has not brought the goods into conformity with the contract as per Article 43d, Sections 4-6 of the Consumer Rights Act;
  - the non-conformity persists despite the Seller's attempt to rectify it;
  - the non-conformity is significant enough to warrant a price reduction or withdrawal from the contract without first seeking other remedies provided in Article 43d of the Consumer Rights Act;
  - the Seller's statement or circumstances clearly indicate that the goods will not be brought into conformity within a reasonable time or without significant inconvenience to the privileged buyer.
5. If goods are subject to repair or replacement, the privileged buyer must make them available to the Seller, who will collect them at their own cost.
6. The privileged buyer cannot withdraw from the contract if the non-conformity is insignificant.
7. In the event of withdrawal, the privileged buyer shall promptly return the goods to the Seller at the Seller's cost to ul. Warszawska 306 B, 05-082 Stare Babice. The Seller shall refund the price promptly and no later than 14 days from receipt of the goods or proof of their return.
8. The Seller shall promptly refund any amounts due as a result of a price reduction, no later than 14 days from receipt of the privileged buyer’s statement regarding the price reduction.
Alternative Dispute Resolution
1. The Seller informs the Consumer of the possibility of using alternative dispute resolution methods. Rules on access to these procedures are available at the offices or on the websites of entities authorized for alternative dispute resolution. The Consumer may, for example, use:
  - the appropriate European Consumer Centre from the European Consumer Centres Network, which provides information about consumer rights and assists in cross-border dispute resolution. The list of relevant Centres can be found at: https://konsument.gov.pl/eck-w-europie/
  - the Online Dispute Resolution platform provided by the European Commission at: https://ec.europa.eu/consumers/odr
  Additionally, in Poland, the following support is available:
  - the Permanent Arbitration Court at the Provincial Inspectorate of Trade Inspection, with websites and addresses provided in each provincial inspectorate’s website,
  - the Provincial Inspectorates of Trade Inspection – mediations, where the Provincial Inspectorates of Trade Inspection conduct mediations upon the consumer’s request (contact details are available at https://uokik.gov.pl/),
  - the Consumer Ombudsman (at the appropriate poviat or voivodship level, depending on the Consumer’s place of residence) or the Consumer Federation (information on free consumer advice at https://www.federacja-konsumentow.org.pl).

III BUYERS OTHER THAN PRIVILEGED BUYERS

To avoid any doubts, the Seller highlights that the provisions of § 11 sec. 7 apply to the Seller's liability towards buyers other than privileged buyers concerning complaints.

§ 10 PERSONAL DATA

The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including additional purposes and legal grounds for processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the transparency principle included in the General Data Protection Regulation of the European Parliament and Council (EU) – "GDPR".
The purpose of processing the Buyer’s data provided in connection with purchases in the Store is to fulfill orders. The legal basis for data processing in this case is:
- the contract or actions taken at the Buyer's request, leading to its conclusion (Article 6(1)(b) GDPR),
- the legal obligation imposed on the Seller related to accounting (Article 6(1)(c) GDPR), and
- the Seller’s legitimate interest in processing data for the purpose of establishing, pursuing, or defending any claims (Article 6(1)(f) GDPR).
Providing data by the Buyer is voluntary but necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
The Buyer’s data provided in connection with purchases in the Store will be processed until:
1. the contract between the Buyer and the Seller expires;
2. the Seller is no longer legally obliged to process the Buyer’s data;
3. the possibility of pursuing claims by the Buyer or Seller related to the contract concluded via the Store ceases;
4. the Buyer’s objection to the processing of their personal data is accepted – if the legal basis for processing was the Seller’s legitimate interest.
– depending on which occurs first in the given case.
The Buyer has the right to request:
1. access to their personal data,
2. rectification,
3. erasure,
4. restriction of processing,
5. data portability to another controller,
6. and also to object at any time to processing based on reasons related to their particular situation – against the processing of personal data concerning them, based on Article 6(1)(f) GDPR (i.e., on the Seller’s legitimate interests).
To exercise their rights, the Buyer should contact the Seller using the information in § 2 of the Terms and Conditions.
If the Buyer believes their data is being processed unlawfully, they may file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of order fulfillment.
All contracts concluded under these Terms and Conditions are subject to Polish law, except as provided in sec. 4.
The choice of Polish law for contracts concluded under these Terms and Conditions with Consumers does not negate or limit the rights of such Buyers granted under mandatory legal provisions applicable to Consumers in cases where no law choice has been made. This particularly means that if the relevant Consumer's national laws provide broader protection than the Terms and Conditions or Polish law, that broader protection will apply.
Contracts concluded under the Terms and Conditions are in the Polish language.
In case of any dispute with a Buyer who is not a privileged Buyer, related to a contract concluded via the Store, the competent court shall be the court with jurisdiction over the Seller's registered office.
The Seller’s liability towards a Buyer who is not a privileged Buyer, under a contract concluded via the Store – to the extent permitted by law – is excluded.

Appendix No. 1 to the Terms and Conditions

Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may use, but is not obliged to:

WITHDRAWAL FORM TEMPLATE
(this form should be completed and returned only if you wish to withdraw from the contract)

DIMAX INTERNATIONAL POLAND LIMITED LIABILITY COMPANY
ul. Warszawska 306 B, 05-082 Stare Babice
email address: info.pl@dimaxgroup.de

- I/We(*) ..................................................................... hereby inform about my/our withdrawal from the sale contract of the following goods(*) / for the provision of the following service(*):

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- Date of contract conclusion^(*)/receipt^(*)

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- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

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- Address of the Consumer(s) / Privileged Entrepreneur(s):

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Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is submitted on paper)

Date ............................................

(*) Delete as appropriate.