REGULATIONS OF THE ONLINE STORE
These Regulations define the general terms, conditions and sales method maintained by Group ALFA Sp. z o.o. with the registered seat in Warsaw, through the www.kotwalk.com online store and specify the terms and conditions of providing electronic services by the Group ALFA Sp. z o.o. with the registered seat in Warsaw.
Whenever the following capital letter phrases are used below in the Regulations, they should be understood in the meaning given below:
- Seller – Group ALFA Sp. z o.o. (limited liability company) with the registered seat in in Warsaw at Żurawia 6/12 app. 423, postal code 00-503, entered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, XIII Economic Department of the National Court Register under KRS number 0000697265, NIP (tax identification number): 701071924 and REGON (statistical identification number): 368432830.
- Consumer – a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
- Entrepreneur – a natural person, a legal person and unincorporated organizational unit not being a legal person but to whom an act has granted a legal capacity, performs business activity on its own behalf.
- Customer – any entity making purchases through the Store, both Consumer and Entrepreneur.
- Store – a platform for the sale of Products and provision of services offered by the Seller, owned and conducted by the Seller, constituting a set of interconnected websites, available through the URL: http://kotwalk.com (hereinafter: the “Website“).
- Regulations – this document specifying the rules of concluding the Sale Agreement and the rules of providing and using services offered by the Seller through the Store for the benefit of Customers. The Regulations define the rights and obligations of the Customer and the Seller. In the area of services provided by electronic means, these Regulations constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
- Sale Agreement – a Product sales contract concluded at a distance, between the Customer and the Seller through the Store, on the terms and conditions set out in the Regulations.
- Product / Products – items offered by the Seller, available through the Store, which are the subject of the Sale Agreement.
- Order – Customer’s declaration of will submitted through the Order Form and aiming directly at the conclusion of the Sale Agreement, containing in particular information on the quantity of Products, payment method and form as well as delivery time.
- Order Form – an interactive form available on the Website that allows placing an Order, in particular by adding Products to the Shopping Cart and defining the terms of the Sale Agreement, including the method of delivery and payment.
- Shopping Cart – an element of the Store’s software, enabling the Customer to purchase Products and establish and modify Order data.
- Account – an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and accepted the Regulations. The account contains information about Customer data and information about Orders placed by him in the Store.
- Registration Form – a form available in the Store, enabling the creation of an Account.
- In order to use the Store, it is necessary to meet the minimum Technical Requirements specified in § 4 of the Regulations, by the final device and the IT system used by the Customer.
- The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but merely an invitation to the Customers to submit offers to conclude a Sale Agreement.
- Acceptance of the Regulations is voluntary, but necessary to create an Account and / or to place an Order for the purchase of Products by the Customer.
- Browsing the Store ‘s assortment does not require creating an Account. Placing Orders by the Customer for Products in the Store ‘s assortment is possible only after creating an Account in accordance with the provisions of § 5 of the Regulations.
- The prices in the Store are given in Polish zlotych and are gross prices (including VAT).
- It is not allowed to use the Store ‘s resources and functions in order to conduct activities by the Customer that would violate the Seller’s interests.
- For the purpose of placing an Order in the Store and for the purpose of using services provided electronically through the Website, it is necessary for the Customer to have an active e-mail account.
- The Seller uses a mechanism of “cookies” files which are stored by the Seller’s server on the hard disk of the Customer’s terminal device when the Customer uses the Store. The use of “cookies” is aimed at the proper functioning of the Store Website on the terminal devices of the Customer. This mechanism does not destroy the Customer’s terminal device and does not cause any configuration changes in the Customer’s terminal devices or software installed on these devices. Each Customer can disable the “cookies” mechanism in the web browser of his terminal device. The Seller indicates that disabling “cookies” may, however, cause problems or prevent the use of the Store.
Creating an Account in the Store
- Opening an Account in the Store take place by completing the Registration Form. For this purpose, the following data are necessary:
- for Consumers: name and surname, invoice address, delivery address, e-mail address, telephone number;
- for Entrepreneurs: company name, name of the contact person, tax identification number, invoice address, delivery address, e-mail address, telephone number.
- The condition for opening an Account is accepting of the Regulations by checking the appropriate field of the Registration Form.
- Creating an Account in the Store is free of charge.
- Logging into the Account is done by entering the login and password chosen by the Customer in the Registration Form.
- After sending the completed Registration Form, the Customer shall immediately receive an e-mail confirmation of registration by the Seller to the e-mail address provided in the Registration Form. At this moment, an agreement is concluded for the provision of the Customer Account Service by electronic means, and the Customer is given the possibility to access the Account and make changes to the data provided during registration.
- The Customer may, at any time, without giving any reason and without incurring any fees, remove the Account by sending a relevant request to the Seller, in particular through e-mail or in writing to the addresses provided in § 11 of the Regulations.
The rules of placing the Orders
- The Customer may place the Orders in the Store through the Website 7 days a week, 24 hours a day.
- For the purpose of placing an Order, the following shall be required:
- log in to the Account, in accordance with § 5 para. 5 point b of the Regulations;
- select the Product that is the subject of the Order, and then click the “Add to Cart” button,
- fill in the Order Form by entering in particular the details of the recipient of the Order and the address where the Product delivery is to be made, choose the type of shipment (the method of delivery of the Product), enter the invoice data if they are different from the data of the recipient of the Order,
- click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
- choose one of the available payment methods and, depending on the method of payment, pay for the Order within a specified deadline.
- Each time before the Order is sent to the Seller, the Customer shall be informed of the total price for selected Products and delivery, as well as of all additional costs incurred in connection with the Sale Agreement.
Offered delivery methods and payments
- Delivery of Products takes place exclusively in Poland and is free of charge (delivery costs shall be carried by the Seller).
- The Seller is obliged to deliver the Product which is the subject of the Sale Agreement without defects.
- The Seller shall publish on the Store Website information on the number of working days needed for delivery and completion of the Order. By “working days” is meant weekdays from Monday to Friday, excluding public holidays.
- The Customer may use the following methods of delivery of the ordered Product carried out by DPD:
- courier delivery;
- courier delivery with cash on delivery.
- The Customer may use the following payment methods:
- payment by bank transfer to the Seller’s account;
- electronic payment via the platforms Przelew 24 & Paypal
- payment by credit card, accepted cards are: VISA and MasterCard;
- cash on delivery (payment on receipt).
- Detailed information on the methods and time of delivery and acceptable payment methods can be found on the Store Website.
Execution of the Sale Agreement
- The conclusion of the Sale Agreement between the Customer and the Seller shall takes place after the Customer has previously placed an Order using the Order Form, available on the Store Website, in accordance with § 6 of the Regulations.
- After placing the Order, the Seller shall immediately confirm its receipt and at the same time shall approve execution of the Order. Confirmation of the Order receipt and its acceptance for execution shall be made by sending an appropriate e-mail to the Customer’s e-mail address provided at the time of placing the Order, containing the Seller’s declaration of receipt of the Order and its acceptance for execution as well as confirmation of conclusion of the Sale Agreement. As soon as the Customer receives the above e-mail message, a Sale Agreement is concluded between the Customer and the Seller.
- In the case of a Customer’s choice:
- payment by bank transfer, electronic payment or credit card – the Customer is obliged to make payment within 3 calendar days from the date of concluding the Sale Agreement – otherwise the Order will be canceled;
- payment on delivery upon receipt of the Product – the Customer is obliged to make a payment upon receipt of the Order.
- If the payment referred to in § 7 para. 5 point b, the Customer after placing the Order will be redirected to the website of the payment operator, chosen by the Customer while placing the Order, where he should make the payment immediately.
- The Product will be sent by the Seller within the time specified in the Seller’s description, in the manner chosen by the Customer when placing the Order.
- The beginning of the delivery period of the Product to the Customer shall be calculated as follows:
- in case the Customer chooses the method of payment by bank transfer, electronic payment or by credit card – from the date of crediting the Seller’s bank account;
- in the case the Customer chooses the method of payment on delivery – from the date of concluding the Sale Agreement,
The right of the Consumer to withdraw from the Sale Agreement
- A Customer who is a Consumer may withdraw from the Sale Agreement within 14 days without giving any reason.
- The period referred to in para. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
- The Consumer may withdraw from the Sale Agreement by submitting to the Seller a Statement of Withdrawal from the Sales Agreement (hereinafter: “Statement“). In order to keep the deadline for withdrawal from the Sale Agreement, it is sufficient for the Consumer to send the Statement before the lapse of that period.
- The Statement may be sent by traditional mail, fax or e-mail to the Seller’s e-mail address – the Seller’s contact details are specified in § 11 of the Regulations. The Statement may also be submitted on the form, the model of which is attached as an appendix to the Act of 30 May 2014 on consumer rights.
- In the case of sending the Statement by the Consumer electronically, the Seller shall immediately send to the Consumer via e-mail the confirmation of receipt of the Statement to the e-mail address provided by the Consumer.
- Consequences of withdrawal from the Sale Agreement:
- In case of withdrawal from a distance contract; this contract is considered null and void.
- In case of withdrawal from the Sale Agreement, the Seller shall return to the Consumer immediately, not later than within 14 days from the date of receipt of the Statement, all payments made by the Consumer.
- Reimbursement shall be made using the same method as the one chosen by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution which does not entail any cost for the Consumer.
- The Seller may withhold reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
- The Consumer should return the Product to the address of the Seller specified in these Regulations immediately, not later than 14 days from the day on which he informed the Seller about the withdrawal from the Sale Agreement.
- The Consumer shall bear the direct costs of returning the Product, including the cost of returning the Product, if due to its nature the Product could not be sent back by regular mail.
- The Consumer is liable only for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by post in the ordinary course of business, information about this, as well as the cost of returning the Product, will be included in the description of the Product in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or intended to meet his individual needs,
- in which the object of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
Complaint and guarantee
- The new Products are covered by the Sale Agreement.
- The Seller shall be liable to the Customer if the Product has a physical or legal defect (warranty).
- In the event of a defect of the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code.
- Complaints should be submitted in writing or electronically to the addresses of the Seller specified in § 11 of the Regulations.
- It is recommended to include in the complaint a concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the Product.
- The Seller shall respond to the complaint immediately, no later than within 14 days, and if he fails to do so within this period, it is considered that the Customer’s request shall be deemed justified.
- The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
- If a guarantee has been granted for the Product, information about it as well as its content will be included in the description of the Product on the Store Website.
Contact with the Seller
- The Customer may communicate with the Seller by using the addresses and telephone numbers provided in this paragraph.
- The address of the Seller: Żurawia 6/12 app. 423, 00-503 Warsaw; e-mail: firstname.lastname@example.org, telephone: + 48 535 397 139, bank account number: 56 1240 6218 1111 0010 7495 3911.
Out-of-court ways to handle complaints and recovery of claims
- In the event of a dispute arising out of a concluded Sale Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
- The customer has the right to use out-of-court methods of dealing with complaints and recovery of claims. For this purpose, it may lodge a complaint via the EU’s ODR online platform available at: http://ec.europa.eu/consumers/odr/.
- Detailed information on the possibility for the Consumer to make use of out-of-court complaint and recovery of claims procedures, as well as the rules of access to such procedures, are available in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodship Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection.
- The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and recovery of claims:
- the Consumer is entitled to apply to the permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to settle the dispute arising from the Sale Agreement, concluded with the Seller.
- the Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection, with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- the Consumer may obtain free of charge assistance in resolving the dispute between him and the Seller, also using the free of charge help of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Federation of Consumers, Association of Polish Consumers).
- The administrator of personal data of Customers collected through the Store is the Seller (hereinafter: the “Administrator”).
- Personal data of Customers collected by the Administrator through the Store are collected for the purpose of executing the Sale Agreement.
- The recipients of personal data of the Customers are:
- in the case of a Customer who selected the method of delivery by courier, the Administrator provides the collected personal data of the Customer to a selected carrier or intermediary performing the shipment at the request of the Administrator;
- in the case of a Customer who selected the method of electronic payments or with a credit card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Store.
- The Customer has the right to access and correct the contents of his data.
- Providing personal data is voluntary, although failure to provide the personal data required to conclude a Sale Agreement, results in the inability to conclude a Sale Agreement.
- The Seller declares that the public nature of the Internet network and the use of services may be connected with the risk of obtaining and modifying Customer’s data by unauthorized persons, therefore the Customer should apply appropriate technical measures that will minimize the above-mentioned risks. In particular, they should use anti-virus and identity protection programs to protect the identity of Internet users. The Seller shall never ask the Customer to provide him with any form of password enabling to log in to the Customer’s Account.
- The agreements with the Seller are concluded in Polish.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law regulations, changes in payment and delivery methods – to the extent that such changes affect the execution of the provisions of the Regulations. The Seller shall inform the Customer about any change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act of Consumer Rights, the Act on the Protection of Personal Data.
- The Seller reserves the right to change the Regulations. All Orders accepted by the Seller for processing before the new regulations come into force are executed on the basis of the regulations, which were in force on the day of placing the Order by the Customer. An amendment to the regulations shall come into force within 7 days from the date of publication on the Store Website. The Seller shall inform the Customer 7 days before the new regulations come into force about the changes to the regulations by an electronic message containing a link to the amended regulations. If the Customer does not accept the new content of the regulations, the Customer is obliged to notify the Seller thereof, which results in the termination of the contract for the provision of services by electronic means.
- The Regulations shall enter into force on 19th April 2018