§ 1 General provisions
The online store available on the website at www.kawmet.pl is run by the KAW-MET Marek Kawiński Odlewnia, ul. Krakowska 11, Orły 37-716, Poland, NIP 795-020-32-18
- postal address: Odlewnia KAW-MET Marek Kawiński, ul. Krakowska 11, Orły 37-716, Poland
- e-mail address: email@example.com
- telephone number to the Customer Service Office: +48 16 672 48 10, open from Monday to Friday from 8:00 a.m. to 2:00 p.m. (charged as for a regular telephone connection, according to the tariff package of the service provider used by the Customer)
§ 2 Whenever the following terms are used in these Regulations, they should be understood as:
1) KAW-MET - KAW-MET Marek Kawiński Foundry, ul. Krakowska 11, Orły 37-716, NIP 795-020-32-18
2) Online store - an online store run by KAW-MET available on the website at www.kawmet.pl
3) Client - a natural person who is 13 years of age, but if the person is not 18 years of age, the consent of his legal representative is required, unless he has full legal capacity, as well as a legal person or entity organizational without legal personality, the law of which grants legal capacity, which uses the Online Store, in particular, which, on the terms set out in these Regulations, places an order or makes a reservation via the Online Store;
4) Consumer - a customer who is a natural person who performs a legal transaction with KAW-MET not directly related to its business or professional activity, in particular who places an order in the Online Store or makes a reservation via the Online Store;
5) Order processing time - the number of working days in which KAW-MET will complete the order placed by the Customer in the Online Store, entrust the ordered goods to the courier company for delivery to the Customer and deliver the ordered goods via a courier company to the address indicated by the Customer in the order;
6) Working days - days of the week from Monday to Friday, excluding public holidays;
7) Order - Customer's declaration of intent, submitted via the Online Store, specifying: the type and quantity of goods in the Online Store's assortment at the time of ordering, method of payment, method of delivery, place of issue of goods and customer data, constituting the submission of KAW-MET by the Customer, an offer to conclude a sales contract via the Online Store for the goods being the subject of the order;
8) Goods - a movable item that is the subject of the Sales Agreement;
9) Sales contract - a sales contract within the meaning of the Civil Code, concluded between the Service Provider and the Customer using means of distance communication via the Store, the subject of which are the Goods;
10) Service (Services) - a service provided by the Service Provider electronically on the terms specified in the Regulations via the Store;
11) Service Provider (also "Seller") - KAW-MET Foundry Marek Kawiński, ul. Krakowska 11, Orły 37-716
12) Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827);
13) Order - Customer's declaration of will constituting an offer to conclude a Sales Agreement with the Service Provider, aimed directly at concluding a Distance Sale Agreement via the Online Store, specifying the type and number of Goods being the subject of the Sales Agreement.
14) Website - website administered by KAW-MET available on the website at http://www.kawmet.pl/
These Regulations define the rules for using the Online Store, in particular the rules for concluding contracts for the sale of goods via the Online Store and the rules for the complaint procedure. All goods in the assortment of the Online Store are brand new.
To use the Online Store, including browsing the Online Store's assortment, placing orders or making reservations, it is necessary to meet the following minimum technical requirements:
1) having a computer or other multimedia device with access to the Internet;
2) having a web browser:
- having an active e-mail account (e-mail);
- recommended minimum screen resolution of 1024 x 768 pixels.
The customer using the Online Store is obliged to:
- use the Online Store in a manner consistent with applicable law and the provisions of these Regulations,
- use the Online Store in accordance with good manners and with respect for the personal rights of other entities,
- not to provide or transmit illegal content,
- use the Online Store in a way that does not interfere with its functioning,
- use of any content posted on the Online Store only for personal use,
- not to take actions consisting in sending or posting unsolicited commercial information (spam) as part of the Online Store § 3
§ 3 Obligations of the Parties
1. Клиент обязан использовать Услуги, предлагаемые Поставщиком услуг, в соответствии с положениями закона, действующего на территории Республики Польша, Европейского Союза и положениями Правил, и не предоставлять контент, запрещенный общеприменимым законодательством.
2. The Seller is obliged to deliver the Goods free from defects.
3. If the buyer is a consumer, the seller is obliged to immediately hand over the item to the buyer, no later than thirty days from the date of the sale contract, unless the contract of sale provides otherwise (eg in the description of the goods, a different date of delivery of the goods is indicated).
§ 4 Orders
1. The Customer may place Orders via the Online Store 7 days a week, 24 hours a day. Registration is not necessary to place an Order.
2. In order to conclude a Distance Sale Agreement for the Goods via the Online Store, select the Goods, log in to the Customer Account or register or provide the necessary data required by the Seller during the Order placement process and finally place the Order by taking further steps based on the information displayed to the Customer.
3. The online store sells on the territory of the Republic of Poland and selected European Union countries. The list of countries we serve is available at https://kawmet.pl/page/43/international-shipping-and-payment. Shipment of goods to other countries may also be possible, but only after prior e-mail contact with the store staff at the e-mail address firstname.lastname@example.org.
4. The condition for submitting an effective Order is to read and accept the Regulations by the Customer.
5. Placing an Order constitutes an offer to conclude a Contract for the sale of Goods, within the meaning of the Civil Code, submitted to the Seller by the Customer.
6. After placing the Order, the Customer receives an e-mail confirming the receipt of the Order by the Store, containing the final confirmation of all essential elements of the Order.
7. Along with the receipt by the Customer of the confirmation referred to in sec. 5 above, a Sales Agreement is concluded.
8. Immediately after the conclusion of the Sales Agreement, the Seller will contact the Customer by phone or e-mail in order to arrange the delivery date.
9. The Customer may modify the Order until the Customer receives information confirming the shipment of the Goods by the Seller to the Customer's e-mail address. The changes may relate to the scope of the Order, change the delivery address, or change the data on the VAT invoice. If the Customer adds new Goods to an Order that is already in progress, but before the shipment with the Goods is shipped by the Seller, this may extend the duration of the Order. In the event of cancellation of all or part of the Order, if the payment was made by the Customer in advance, the Seller will refund the appropriate amount within 14 (fourteen) days from the date of modification by the Customer.
The changes may only concern the resignation from all or part of the Products constituting the Order, changes in the delivery address or changes to the data on the invoice. A change in the Order or resignation from the Order is possible only by contacting the internet sales department at the number: 16 672 48 10.
§ 5 Prices of goods, payments, delivery
1) The prices given in the Online Store are expressed in the currency selected by the Buyer (by default - Polish zlotys) and are gross prices, including all components, including VAT.
2) The prices of goods provided on the websites of the Online Store do not include the costs of delivery of the goods, which are indicated in § 6 of these Regulations. The costs of delivering the ordered goods are each time provided on the website of the Online Store when placing the order, including directly before and at the time of approval and submission of the order by the Customer, and are included in the total value of the order. The total value of the order includes the price of the goods and the cost of delivery.
Information about the price of the goods, features and essential properties of the goods are available on the website of the Online Store and are placed next to the presented goods.
3) The binding and final price is the price given in the "Basket" in the order summary at the time of placing the order by the Customer via the Online Store.
4) The prices of goods given on the websites of the Online Store are valid only when placing orders and making reservations via the Online Store.
5) The prices of the goods presented on the website of the Online Store may change, and the change in the price of the goods does not affect orders and reservations made before the price change enters into force.
6.) The time of completing an Order placed via the Online Store (completing the order and preparing for shipment) is up to 2 weeks.
- The Buyer is informed about the unavailability of Products, and therefore may agree to extend the duration of the Order or cancel the ordered Product or the entire Order. If the Products are not available, the estimated duration of the Order is agreed individually with the Buyer.
- The seller is not responsible for delays related to the unavailability of goods for reasons not attributable to him (e.g. delays on the part of the supplier, random accidents).
7.) In the event of any doubts regarding the submitted Order (e.g. an error in the address, incomplete personal data), the Seller reserves the right to verify the Order by the Online Store service.
- The Seller reserves the right to cancel the Order if the Buyer, despite being requested, has not completed the deficiencies required for the effective implementation of the Order within 7 days.
8.) The seller is not responsible for downtime in the functioning of the store caused by a server failure.
§ 6 The Consumer's right to withdraw from the Agreement (return of the Goods)
1. The Consumer may withdraw from the Contract for the sale of Goods concluded remotely without giving a reason, by submitting an appropriate statement in writing, within 14 (fourteen) days, and this period runs from taking possession of the goods by the Consumer or a third party indicated by him (other than the carrier ), and in the case of a contract which:
- covers many items that are delivered separately, in batches or in parts - from taking possession of the last item, batch or part,
- it consists in regular delivery of items for a specified period of time - from taking possession of the first item. To meet the deadline, it is enough to send an appropriate statement before its expiry to the address of the Seller. The declaration may also be submitted on the form, a specimen of which is attached as Annex 2 to the Act and Annex 1 to the Regulations.
2. In the event of withdrawal from a Distance Sale Agreement for Goods, the contract is considered void.
3. If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
4. The consumer is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller for collection immediately, but not later than 14 days from the day on which he withdrawn from the Sales Agreement, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry. The goods should be packed in a way that guarantees its safe transport.
5. The consumer bears the direct cost of returning the Goods (return costs).
6. The Consumer is liable for the 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 functioning of the Product.
7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods.
8. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
10. If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the goods back or until the Consumer provides proof of its return, whichever occurs first.
11. We suggest that you attach a proof of purchase to facilitate the return process.
Statutory exclusion of the right to withdraw from the Sales Agreement
12. The right to withdraw from the contract is not available in the situations specified in art. 38 of the Act, i.e. with regard 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 commencement of the service that after the entrepreneur has fulfilled the service, 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 subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are alcoholic beverages, the price of which was agreed upon 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 entrepreneur has no control;
- in which the consumer expressly demanded that the entrepreneur came to him to make urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; 10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, transport 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 the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
§ 7 Warranty for physical defects of the Goods (Complaints)
1. The Seller is obliged to deliver the Goods free from defects and is responsible for the defects of the Goods.
2. A physical defect consists in the non-compliance of the sold Goods with the Sales Agreement.
3. Complaints under the warranty for defects (non-compliance of the Goods with the Sales Agreement) may be submitted in writing to the Seller's address or by e-mail.
4. If the sold Product has a defect, the Customer may:
- demand replacement of the Product with a Product free from defects, or
- demand that the defect be removed; or
- submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect referred to in point 1 or 2.
5. The Buyer may not withdraw from the Sales Agreement if the defect is irrelevant.
6. If the Consumer finds that the Goods are non-compliant with the Sales Agreement (physical defect), the Consumer should return the Goods to the Seller with a description of the non-compliance.
7. We suggest attaching the proof of purchase in order to facilitate the complaint process.
8. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods.
9. The Seller undertakes to consider each complaint within 14 days.
§ 8 Guarantee of the quality of the Goods
1. A quality guarantee may be provided for the Goods. In this case, the guarantee document shows who is responsible for the guarantee, the terms of the guarantee and how to proceed in the event of a defect in the Goods.
2. The above does not exclude the Consumer's rights specified in § 7, and the Consumer should choose and use the form of removing the defect in the Product.
3. Pursuant to Art. 558 § 1, the Seller's liability under the warranty for defects in the Goods is excluded in relation to the Customers who are not Consumers.
§ 9 Other rights and obligations
1. The Customer may terminate the contract for the provision of electronic services of the Customer Account without giving reasons by sending an appropriate statement via e-mail or in writing to the address of the Seller.
2. In the case of Customers who are Consumers, the Service Provider may terminate the contract for the provision of electronic services, when the Consumer grossly or persistently violates the Regulations, when he provides illegal content, after an unsuccessful call to stop or remove the violations with an appropriate deadline. Violation of the Regulations must be objective and gross. The contract for the provision of electronic services in this case expires after 14 days from the date of the Service Provider's submission to the Consumer a declaration of will to terminate it.
3. In the case of Customers who are not Consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
4. The Customer may submit a complaint to the Seller in connection with the use of free Services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the Seller's e-mail address. The customer should indicate his Login and a brief description of the problem being the subject of the complaint.
5. The Seller shall immediately, but not later than within 14 (fourteen) days, consider the complaint.
1. The Service Provider provides the following Services via the Online Store:
- presentation of the Store's offer,
- the possibility of placing Orders for Goods available in the Online Store and thus concluding Distance Selling Agreements,
- informing the Customer about the current status of the Order,
- the ability to use the Customer Account,
3. Access to the services referred to in para. 1 point 1-3 above does not require Registration.
4. Access to the service specified in par. 1 point 4 above requires Registration.
6. For the safety of using the Online Store, it is recommended that the device used by the Customer in particular has:
- antivirus system with the latest version of virus definitions and updates,
- an effective firewall,
- all available operating system and web browser updates related to security have been installed,
- activated function of accepting cookies and Java Script in the web browser, 5) software that allows reading files in PDF format.
7. Complaints related to the functioning of the Store may be submitted by the Customer in writing or by e-mail.
8. In the complaint, the Customer should provide his name and surname, correspondence address, as well as the basis for the claim.
9. The Seller undertakes to consider the complaint within 14 days.
§ 11 Dispute settelement
1. Settlement of any disputes arising between the Service Provider and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Service Provider and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Service Provider's seat.
§ 12 Personal data
1. Customers' personal data are processed by the Service Provider taking into account legal provisions in this regard, in particular the Act of August 29, 1997 on the protection of personal data.
2. The administrator of personal data is the Seller.
3. Providing personal data is voluntary, but failure to provide the required personal data may prevent placing an Order.
4. All shared personal data are subject to special protection.
5. Everyone has the right to access their personal data, as well as the right to request their update or cessation of processing.
§ 13 Final Provisions
1. The consumer has the right to negotiate the terms of the Regulations. In order to exercise this right, the Consumer should contact the Service Provider via traditional mail, e-mail or by phone.
2. In matters not covered by these Regulations, generally applicable law shall apply.
3. Customers can access the Regulations at any time and free of charge via an internet link (ie a link) on the Store's home page and print it out.
4. Information about the Goods provided in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code. 5. Exclusive rights to the content provided as part of the Online Store, in particular copyrights to photos, the name of the Store, trademarks of the Service Provider and producers of the Goods, their graphic elements, software and database rights are legally protected and are vested in the Service Provider or entities with which the Service Provider has concluded appropriate agreements. It is forbidden to copy or other forms of using any elements of the Store without the consent of the Service Provider.
Model withdrawal form from the Sales Agreement (this form should be completed and returned only if you wish to withdraw from the contract)
Addressee: Contact details: ………………………………….
I hereby inform about my withdrawal from the sales contract for the following items: ………………………………………………………………………………………………………………………………….………………………………………..
Date of concluding the receipt of the Goods: ……………………………………………………………………………………………………………………..….
Name and surname of the consumer: ………………………………………………………………………………………………………………………….…
Consumer's address: ……………………………………………………………………………………………………………………………………..……
Consumer's signature (only if the form is sent in paper version)
Legal notice Each person using this website is obliged to comply with the copyright law. It is allowed to copy the content of the website only for personal use. Copying the content of the website for commercial purposes is allowed only with the written consent of the company. KAW-MET company - KAW-MET company tries to update the information contained in this website on an ongoing basis, at the same time reserves the right to introduce changes in part or the whole website without prior notice. The colors of the products visible in the photos on our website, as well as in printed materials, may slightly differ from the actual shades and colors, therefore the colors shown should be treated as approximate.