Regulations of the online service - www.kameleon.pro
Before using the Online Store www.kameleon.pro, Service Recipients are required to read the Terms and Conditions.
- The online store operating at www.kameleon.pro is operated by a business under the name of kameleon.pro sp. z o.o .entered in the register of entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków , XII Commercial Department of the National Court Register under the KRS number 0000972348, having a place of business and address for delivery: Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska, NIP: 551 203 86 17, REGON:070888838, electronic mail address (e-mail): email@example.com, mobile: +48 602-134-634
- The online store www.kameleon.pro operates on the principles set forth in these Regulations.
- With regard to the provision of services by electronic means, these Regulations are Regulations within the meaning of Article 8 of the Act of July 18, 2002 on the provision of services by electronic means.
- The Regulations define the types and scope of services provided electronically by the Internet Shop www.kameleon.pro, the principles of providing these services, the conditions for concluding and terminating Product Sales Agreements, as well as the complaint procedure.
- Each Service Recipient, at the moment of undertaking activities aimed at using the Services of the Internet Shop www.kameleon.pro, is obliged to comply with the provisions of these Regulations.
- The condition for placing an order in the Online Store by the Customer is reading the Regulations and accepting their provisions when placing an Order.
- The Online Store conducts retail and wholesale sales via the Internet.
- The Regulations are addressed to both Consumers, Entrepreneurs-Consumers and Entrepreneurs, unless a provision of the Regulations applies only to Entrepreneurs or Consumers and Entrepreneurs-Consumers.
- All Products offered in the Online Store are new, free from physical and legal defects and have been legally introduced into the Polish market.
- Contact with the Seller (who runs the online store ) is possible through:
Telephone contact for companies - Kom. +48 602-134-634;
Email contact: firstname.lastname@example.org;
Postal contact: Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska.
In matters not covered by these Regulations, the provisions of:
Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended), Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014 item 827 as amended), Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) Personal Data Protection Act of May 10, 2018. (Journal of Laws of 2018, item 1000 as amended), Regulation of the European Parliament and of the Council (EU) 2016/679 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (Official Journal of the EU.L. No. 119, p. 1 - hereinafter referred to as RODO) and other relevant provisions of Polish law, including executive regulations and regulations issued on the basis of RODO.
- WORKING DAY - one day from Monday to Friday excluding public holidays. Public holidays are governed by the Act on Public Holidays of January 18, 1951 (Journal of Laws No. 4, item 28, as amended).
- REGISTRATION FORM - a form available on the website
kameleon.pro enabling the submission of an Account.
- ORDER FORM - a form available on the website
kameleon.pro allowing to place an Order.
- CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
- ENTERPRISE-CONSUMER - a natural person who makes a legal transaction with the Seller directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
- ENTERPRISE - a natural person, a legal person and an organizational unit, which is not a legal person, to which a separate act grants legal capacity - performing business activity in their own name or partners in a civil partnership in the scope of their business activity, excluding the Entrepreneur-Consumer.
- CUSTOMER - a Consumer, Entrepreneur-Consumer or Entrepreneur who intends to conclude or has concluded a sales contract with the Seller.
- REGULATIONS - these regulations of the Online Store.
- NEWSLETTER - Electronic service, provided by the Service Provider via e-mail, which enables the Customer, after providing the Service Provider's e-mail address and giving its consent, to receive periodic e-mails containing information about Products or news or benefits of Club membership, at the Customer's choice.
- CLUB - Club membership is an optional choice of the Service Recipient, who may express the will to join the Club when choosing Newsletter subscription or creating an account. Club membership allows the Customer to participate in events related to the Online Store and take part in promotions.
- INTERNET SHOP - Service Provider's online store operating at www.kameleon.pro.
- SELLER, SERVICE PROVIDER - kameleon.pro sp. z o. o. with its registered office in Kalwaria Zebrzydowska, Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska, KRS 0000972348, NIP: 551 203 86 17, REGON: 070888838.
- PRODUCT - a movable item available in the Online Store, being the subject of a Sales Agreement between the Customer and the Seller.
- AGREEMENT OF SALE - Agreement of Sale of a Product concluded between the Customer and the Seller through the Online Store www.kameleon.pro.
- USER - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by the Act, using the Electronic Service.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
- ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
- DISTANCE CONTRACT - a contract concluded with the Consumer or Entrepreneur-Consumer within an organized system of concluding contracts at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- DURABLE MEDIA - a material or tool that allows the Consumer, Entrepreneur-Consumer or Entrepreneur to store information addressed personally to him/her in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used and that allows the reproduction of the stored information in an unchanged form.
- ONLINE PAYMENT SYSTEM - a platform for handling payments on the Internet, such as PayU, Dotpay or others.
- KC- The Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider makes it possible through the Online Store to use the Electronic Services specified in Chapter V.
- Provision of Electronic Services to Service Recipients in the Online Store is made under the terms and conditions specified in the Regulations.
- The Service Provider has the right to post advertising content on the website of the Online Store. The advertising content referred to in the preceding sentence is an integral part of the Online Store and the materials presented therein.
- The Service Provider shall not be liable for the content of advertisements/banners/links possibly posted on the Online Store website and for any content originating from and distributed on the Online Store website by persons/entities other than the Service Provider.
IV. TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING CONTRACTS FOR ELECTRONIC SERVICES
- Provision of Electronic Services specified in Chapter III pt. 1 of the Regulations by the Service Provider is free of charge.
- The contract for the provision of Electronic Services, which consists in the possibility of placing an Order in the Online Store, is concluded for a definite period of time and is terminated when the Order is placed or when the Customer stops placing it.
- The contract for the provision of Electronic Services consisting of creating an account or ordering a Newsletter is concluded for an indefinite period of time and is terminated at the request of the Customer. The Customer should submit such a request to: email@example.com. After deletion of the email address from the Newsletter database or data from the store's customer account database, an email will be sent to the Customer confirming the deletion. Also ,the Administrator of personal data, referred to in Chapter XII, item 5 of the Regulations, has the right to terminate the agreement described in this section by deleting the e-mail address or other data from the database. The agreement is terminated upon deletion of the above data from the database.
- Technical requirements necessary for cooperation with the information and communication system used by
(a) adevice that allows access to the Internet,
b) having an active e-mail account,
c) having an activeconnection to the Internet,
d) use of a web browser: Internet Explorer version 8 and higher, Firefox - version 20 or higher, Google Chrome - version 26 or higher, Opera - version 11.64 or higher, any screen resolution.
f) enableCookies and Javascrip in your web browser,
g) minimum resolution for applications: 800x600, recommended resolution 1024x768 or higher.
- The Customer is obliged to use the Online Store in a manner consistent with the law and good practice, taking into account respect for personal property and intellectual property rights of third parties.
- The recipient is obliged to enter data consistent with the facts.
- The recipient is prohibited from providing content of an unlawful nature.
V. ELECTRONIC SERVICES
1. Thefollowing Electronic Services are available on theOnline Store:
c) Order Form.
2. In order to subscribe to the Newsletter, it is required to provide the email address of the Customer and the consent of by the Customer.
2.1. Newsletter service enables the Customer to receive periodic e-mails containing information about products, news and benefits of Club membership, according to the Customer's will, expressed by checking the box next to the above-mentioned information. The Service Recipient may express the will to receive all the information listed above.
2.2. Checking the Club membership option allows the Customer to participate in events related to the Online Store, as well as to receive information on special promotions.
2.3. The Customer may resign from the Newsletter service at any time. Resignation may be expressed by sending to: firstname.lastname@example.org a statement of will to resign from the Newsletter subscription, or by using the option - remove me from the list - each time attached to an e-mail message received after registration on the Newsletter subscriber list.
2.4. Upon receipt of the Newsletter unsubscribe statement, the Service Provider will delete the Customer's personal data of which the Customer will be informed by email.
3. Inorder to use the Electronic Service in the form of an Account, it is required to provide an e-mail address of the Customer together with a password protecting the created Account.
3.1. Account allows the collection of:
(a) Client's data that the Client has provided to the Service Provider for the purpose of completing the order;
b) information about the Order placed;
as well as the possibility of expressing the will as to the subscription to the Newsletter, according to the principles described in Chapter V, item. 2 of these Regulations.
3.2. Customer data referred to in the previous paragraph in the case of a customer who is :
a) Consumer concerns:
- first and last name;
- street, house no. / premises no;
- postal code;
- telephone numbers;
b) Entrepreneur-Consumer or Entrepreneur concern:
- Company name;
- Tax ID no;
- name and surname;
- street, house no. / premises no;
- telephone number.
3.3. Entering the above data by the Customer in the Account data will relieve the Customer from having to re-enter the shipping data when placing an Order, provided that the Customer places orders as a registered user.
3.4. Atany time the Service Recipient may cancel the Service of having an Account.The cancellation may be expressed by sending to: email@example.com a statement of intent to resign from having an Account.
3.5. Upon receipt of the statement of resignation from having an Account, the Service Provider will delete the Customer's personal data about which the Customer will be informed by e-mail.
4. Order Form allows the Customer to place an Order.
VI. PLACING AN ORDER
- To place an Order, it is not necessary to first create an Account (registration).
- The information on the web pages of the Online Store does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a particular Product under the conditions specified in the Product description.
- The price of the Product shown on the website of the Internet Shop is given in Polish zloty (PLN) and includes all components, including VAT, customs duties and any other components. The price does not include the cost of delivery of the Product.
- Information about the obligation of possible necessity to pay an advance payment of 30% is placed each time in the description of the Product and in the summary of the Order.
- The price of the Product shown on the website of the Online Store is binding at the moment of placing the Order by the Customer. This price will not change regardless of price changes in the Online Store that may occur for individual Products after the Customer places the Order.
- The Order is placed by:
6.1. Selection of Products or Product by selecting the quantity (number of pieces) of the product along with selecting the option -add to cart-.
6.2. Then make a choice of delivery and payment options, possibly in a specially prepared field enter comments to the Order.
6.3. In thecase of placing an Order by a registered Customer, having previously entered the data needed to complete the Order, the Customer is relieved from the need to re-enter the shipping data. In the case of placing an Order by an unregistered customer or a registered customer but one who has not entered the data needed for shipment in the Account, the customer is obliged to enter the data needed to complete the Order.
6.4. Forfurther processing of the Order, the Customer is required to select the option -go to confirmation-.
6.5. The Customer is obligedto check the correctness of the payer and shipping data, payment information and delivery method, as well as the name of the item along with the quantity and price constituting the subject of the order.The customer is informed of the total price of the ordered Product(s), including delivery costs before the conclusion of the sales contract.
6.6. For thefinal processing of the order, the Customer is required to select the box - I order and pay - which must be preceded by the Customer's statement that he/she is familiar with the right of withdrawal and the Regulations of expressed by checking the appropriate box. Checking the box constitutes a statement by the Customer that he/she has read and accepted the content of the Terms and Conditions and has been informed of the right to withdraw from the contract.
7. After placing an Order, the Customer is redirected to the "Summary" page, or another page appropriate to the selected payment method (e.g. to make an online transfer or payment via the Online Payment System).
8. After the Order is placed, the Seller, immediately confirms its receipt (accepts the offer made by the Customer), which makes the Customer bound by his Order.
9. Confirmation of receipt of the Order is made by sending an e-mail message that contains:
a) theSeller's statement that the Order has been received,
b) confirmation of all essential elements of the Order,
c) these Regulations and information whether there is an obligation for the Customer to pay anadvancepayment for the Order, in the amount of 30% of the Order amount, in accordance with the information indicated in Chapter VI, point 4 of the Regulations. The payment should be made to the bank account number PL 96 1750 1048 0000 0000 3980 1531 (BNP Paribas Bank Polska S.A. in Warsaw) kameleon.pro sp. z o. o. with its registered office in Kalwaria Zebrzydowska, Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska, NIP: 551 203 86 17, REGON: 070888838. In the title of the transfer, please write "Advance payment for order no........". The Customer is obliged to make an advance payment (if provided for) for the Sales Agreement within 7 days from the date of sending the email mentioned above. After the advance payment is credited to the Seller's bank account, the Order is transferred for execution.
10. Uponreceipt by the Customer of the e-mail message referred to in Section VI, item 9, a Sales Agreement between the Customer and the Seller is concluded.
11. Orders placed on weekdays after 4 p.m., on Saturdays, Sundays and holidays will be processed on the next working day.
12. Each Sales Contract will be confirmed by a proof of purchase (VAT invoice, fiscal receipt).
VII. METHODS OF PAYMENT
- The Seller provides the following payment methods:
a) Payment on delivery with so-called Cash on Delivery;
b) Paymentvia Online Payment System;
c) Paymentby traditional transfer to the Seller's bank account.
- Payment should be made to the bank account number PL 96 1750 1048 0000 0000 3980 1531 (BNP Paribas Bank Polska S.A. in Warsaw) kameleon.pro sp. z o. o. with its registered office in Kalwaria Zebrzydowska, Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska, NIP: 551 203 86 17, REGON: 070888838. In the title of the transfer, please write "Order No.........".
- The Customer is obliged to pay the price of the Sales Agreement within 7 days from the date of its conclusion, in case of choosing the payment method described in Chapter VII, item 1, letters b and c, unless the Sales Agreement provides otherwise.
- In the case ofpayment described in Chapter VII, item.1 lit. a and d, the Product is transferred for execution immediately after the Order is placed, after verification of the correctness of the address data, unless an advance payment is required in the cases described in Chapter VI, point 4, within the time limit specified in Chapter VI, point 9 lit. c. If an advance payment is required, the Order is forwarded for execution after the advance payment is credited to the Seller's bank account.
- In case of payment by bank transfer, the Order is forwarded for execution after the payment is credited to the Seller's bank account.
- In the case of payment via electronic payment services, the Customer makes payment before the Order is processed. Electronic payment service allows payment by credit card, BLIK payment system or quick transfer from selected Polish banks. The Order is forwarded for processing after it has been paid.
- The payment card operator is the selected cashless payment operator.
- The sales contract expires:
(a) in the case of selection of the payment method specified in Chapter VII, item 1, letters b and c, if the Customer fails to make payment within 7 days from the date of its conclusion.
b) if the payment method specified in Chapter VII, item 1, letter a is selected, in the situation of the Customer's failure to make the stipulated down payment within the period specified in Chapter VI, item 9, letter c, or if the Customer has not taken delivery of the shipment with the Product with payment of the price, upon receipt of the shipment back by the Seller.
c) in the case of the payment method specified in Chapter VII, item 1, letter d ,in the situation of the Customer's failure to pay the stipulated down payment within the period specified in Chapter VI, item 9, letter c, or when the Customer has not collected the shipment with the Product together with the price payment, within 7 days from the moment of informing the Customer at the e-mail address indicated by the Customer in the Order about the possibility of collecting the Product.
- In case of the need to return the payment to the Customer, the Seller will refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer. The Seller will make the refund within 14 days calculated from the date of the event justifying the refund.
VIII. COST, TIME AND METHODS OF DELIVERY
- The cost of delivery of the Product is determined during the process of placing the Order and depends on the choice of payment method and delivery method of the purchased Product.
- The Customer is informed of the total price of the ordered Product(s), including the cost of delivery before the conclusion of the sales contract.
3. The Seller provides the following methods of delivery of the Product:
(a) personal collection in the store,
b) delivery via courier company: DPD Poland, Fedex or any other carrier selected by the Seller, including the Seller's own transport,
c) collection in a parcel machine of InPost company.
4. Delivery of the Product(s) is made to the address indicated in the Order by the Customer.
5. The delivery timeconsists of: the time of processing the Order, counted from the moment of transferring the Order for execution in accordance with Chapter VII, item 4-6 of the Regulations, and the time of delivery of the Product by a courier company, Inpost company or other carrier.
6. In thecase of personal collection of the Product at the company's premises, the delivery term consists of the Order processing time counted from the moment of transferring the Order for execution in accordance with Chapter VII, point 4 of the Regulations and the time of collecting the Product by the Customer within 7 days from the moment of informing the Customer at the e-mail address indicated by the Customer in the Order about the possibility of collecting the Product.
7. Thedelivery time of the Product(s) is specified each time in the description of each product and in the summary of the Order. In the absence of such information, the standard delivery time of the Product to the Customer is up to 7 Business Days.
8. Theterm of delivery of the Product(s) is calculated from the day following the day of transfer of the Order for execution in accordance with Section VII, item 4-6 of the Terms and Conditions.
10. Delivery costs of the Product do not include its assembly and bringing to the Customer.
11. Ina situation in which it turns out that the ordered Product is not available, the Seller will immediately inform the Client about it, no later, however, than within 14 days from the conclusion of the contract. The Seller will agree with the Customer on the method of fulfillment of the order and the Customer will decide on:
a) tocontinue waiting for the ordered Product;
b) change the order;
c) tocancel the order.
12. Incase of order modification (item 10(b)), the parties will make appropriate financial settlements.
13. In case of order cancellation(item 10 letter c), the parties will make appropriate financial settlements within 14 days counted from the date of receipt of the order cancellation statement from the Customer.
IX. PROCEDURE FOR COMPLAINTS - liability under warranty.
- The Customer undertakes to immediately perform quantitative and qualitative acceptance of the Products, and in the event of finding quantitative deficiencies or quality defects (including those resulting from delivery) to report and file a complaint immediately, no later than: within 3 days - in the case of an Entrepreneur; within 14 days - in the case of a Consumer or Entrepreneur-Consumer. The Entrepreneur's claim for mechanical damage of external origin will not be taken into account, if the damage report is not prepared with the supplier and not delivered with the claim. Any possible liability of the Seller to the Entrepreneur is limited to the amount of the Order placed by the Entrepreneur.
- In addition, the Consumer or Entrepreneur-Consumer is entitled to file a complaint about the Product under the warranty for physical and legal defects of the sold thing in accordance with the provisions of the Civil Code.
- The Entrepreneur does not have the right to file a complaint about the Product under the warranty for physical and legal defects of the thing under Article 558 § 1 of the Civil Code.
- Notification of non-conformity of the Product with the Sales Agreement and submission of the relevant request can be made via e-mail to:
firstname.lastname@example.org or in writing to the address: Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska. Proof of purchase of the Product should be attached to the notification.
- Notification of the complaint should include the designation of the person making the complaint (name, surname or name, address of residence or registered office, e-mail address and bank account number to which any refund is to be made) and a description of the event giving rise to the complaint.
- Upon receipt of the complaint, the Seller will immediately contact the Customer to determine the further course of action.
- When necessary, the Product should be delivered to the address: Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska. The Seller will not accept complaint shipments sent COD.
- The Seller shall respond to the Customer's request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in any other way provided by the Customer.
- If the complaint is accepted, the defective Product will be repaired or replaced with another, full-quality one, and if this is no longer possible, the Seller will return to the Customer the equivalent of the price of the Product (refund to the bank account number indicated by the Customer) or offer him another available Product of his choice.
- Notwithstanding the provisions of this section, the offered Products may be covered by a manufacturer's warranty. The Seller does not provide a warranty. The warranty, if any, does not exclude, limit or suspend the rights under the warranty. If the Product is covered by a warranty, the information about the warranty provided by the manufacturer is provided each time in the product description.
- The store makes every effort to reproduce the colors of the products in the picture as closely as possible, but is not responsible for differences resulting from individual settings of the user's devices.
- Complaints related to the provision of Electronic Services by the Service Provider:
a) Complaints related to the provision of Electronic Services via the Online Shop may be filed by the Customer via e-mail to the following address: email@example.com or in writing to the address Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska.
b) In the above e-mail message, please provide as much information and circumstances as possible, regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite consideration of the complaint by the Service Provider.
c) Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days.
d) The Service Provider's response to the complaint shall be sent to the Customer's e-mail address provided in the complaint or in any other manner provided by the Customer.
X. RIGHT OF WITHDRAWAL
1. Consumer or Entrepreneur-Consumer who has concluded a contract at a distance, may withdraw from it without giving reasons, making a statement in writing within 14 days .To meet this deadline, it is sufficient to send the statement of withdrawal or attach it to the package with the returned Product.
2. Theperiod for withdrawal from the contract begins from the taking possession of the ordered thing by the Consumer or the Entrepreneur-Consumer or a third party other than the carrier indicated by him, and in the case of a contract that includes multiple things that are delivered separately, in batches or in parts - from the taking possession of the last thing, batch or part, and when the contract consists of regular delivery of things for a specified period - from the taking possession of the first thing.
3. If the Consumeror Entrepreneur-Consumer has made a statement of withdrawal from the contract before the Seller has accepted his offer, the offer ceases to be binding.
- TheConsumer or Entrepreneur-Consumer may withdraw from the contract by submitting a statement of withdrawal tothe Seller. Such statement may be submitted via e-mail or by mail . TheConsumer or Entrepreneur-Consumer may also use the model form, which is available on the Seller's website or by completing and sending to the Seller the statement constituting Appendix No. 2 to the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 ,item 827, as amended). The statement of withdrawal from the Agreement should contain the data of the Consumer or Entrepreneur-Consumer and the bank account number to which the Seller is to refund the payment.
- To meet the deadline, it is sufficient to send the statement of withdrawal from the contract before the expiry of the 14-day period.
- If the declaration of withdrawal is submitted electronically, the Seller is obliged to immediately send the Consumer or the Entrepreneur-Consumer on a durable medium a confirmation of receipt of the declaration of withdrawal.
- In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management (in particular, the absence of traces of installation).
- The Seller is to promptly, no later than within 14 days from the date of receipt of the Consumer ' s or Entrepreneur-Consumer' s statement of withdrawal from the contract, return all payments received, including the costs of delivering the Product, except for additional costs resulting from the method of delivery chosen by the Consumer or Entrepreneur-Consumer other than the cheapest ordinary method of delivery offered by the Store.
- In the case of withdrawal from the contract, it is the Consumer or Entrepreneur-Consumer who bears the costs of returning the Product to the Seller's address. Products returned by the Consumer or Entrepreneur-Consumer should be packaged in an appropriate manner that ensures no damage to the parcel during transport. The Consumer or Entrepreneur-Consumer does not have the right to send the return by cash-on-delivery courier at the expense of the Seller.
- The Seller shall refund the payment using the same method of payment used by the Consumer or Entrepreneur-Consumer, unless the Consumer or Entrepreneur-Consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Consumer or Entrepreneur-Consumer chooses payment on delivery, the Seller shall refund the payment to the bank account number indicated by the Consumer or Entrepreneur-Consumer in the withdrawal statement.
- The Consumer or Entrepreneur-Consumer is obliged to return the item to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the Seller offered to collect the item himself. To meet the deadline it is sufficient to send the item back before its expiration. The product should be sent back to the address: Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska.
- If the Seller has not offered to collect the thing from the Consumer or Ent repreneur-Consumer himself, he may withhold the return of the payment received from theConsumer or Ent repreneur-Consumer until he receives the thing back or theConsumer or Ent repreneur-Consumer provides proof of its return, whichever event occurs first .
- The Consumer or Entrepreneur-Consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
- The right of withdrawal from a contract concluded at a distance does not apply to the Consumeror Entrepreneur-Consumer with respect to contracts:
(a) in which the subject of performance is a non-refabricated thing, produced to the specifications of the Consumer or Entrepreneur-Consumer or serving to meet his individualized needs - fabrics sold by meter and fabric samples cut from the fabric, as well as haberdashery cut by meter are treated as orders for individual orders of the Customer and are not subject to return,
b) for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer or Entrepreneur-Consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the contract,
c) in which the subject of performance are things that, after delivery, due to their nature, are inseparably combined with other things,
d) other cases specified in detail in Article 38 of the Consumer Rights Act.
1. Service collects automatically only information contained in cookies.
2. Files (cookies) are text files that are stored on the website user's terminal device. They are intended for the use of the website pages. First of all, they contain the name of the website of their origin, its unique number, the time of storage on the end device.
- The online store uses the technology of ''cookies'' for the sole purpose of:
a) adjusting the content of the website to the individual preferences of the user, first of all, these files recognize the user's device in order to display the site according to his preferences;
b) toprepare statistics to help learn about the preferences and behavior of users, the analysis of these statistics is anonymous and allows to adjust the content and appearance of the site to prevailing trends, statistics are also used to assess the popularity of the site;
c) possibility of logging into the site;
d) tomaintain the user's login on each subsequent page of the site.
4. The site uses two main types of files (cookies) - session and permanent. Session files are temporary, they are stored until you leave the site (by going to another page, logging out or switching off the browser). Permanent files are stored on the user's end device until they are deleted by the user or for the time resulting from their settings.
- The user can change the settings of his/her browser at any time to block cookies or to obtain information about their placement on his/her device each time. Other available options can be checked in the settings of your web browser. Pleasenote that most browsers are set by default to accept the storage of cookies on your end device. To learn how to manage cookies, including how to disable them on your browser, please refer to the help file of the browser you are using.Examples of editing options in browsers:
(a) Mozilla Firefox - www.support.mozilla.org/pl/kb/ciasteczka-Internet
b) Explorer - www.support.microsoft.com/kb/278835/pl
c) Google Chrome: - www.support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
d) Safari - www.safari.helpmax.net/pl/oszczedzanie-czasu/blokowanie-zawartosci/
- Changes to the settings in the user's web browser may restrict access to certain features of the website of the service.
- The website operator is the entity placing cookies on its user's final device and accessing them.
XII. PERSONAL DATA PROTECTION POLICY
- Provision of personal data by the Customer is voluntary, but in order to process an order or use the Electronic Services offered by the Store it is necessary to provide the specified personal data.
- The Customer's personal data is processed for the purpose of creating, maintaining and using the Store's User Account and for the purpose of completing the Order, as well as for marketing purposes if the Customer gives his consent.
- Data processing will last for the period necessary for the establishment, maintenance and use of the Store's User Account and for the fulfillment of the Order - after this period, the data may be processed for the period of limitation of possible claims. Data processing for marketing purposes will last for the period necessary to provide information about marketing products, the user's use of the Club or until the Administrator receives the information about which Chapter IV, paragraph 3 of the Terms and Conditions.
- The Customer's data will be used for marketing purposes only upon his/her express consent.
- The administrator of the personal data is: kameleon.pro sp. z o. o. with its seat in Kalwaria Zebrzydowska, Jagiellońska 27A, 34-130 Kalwaria Zebrzydowska.
- The basis for the processing of personal data is the consent of the Service Recipients themselves, as well as the statutory authorization to process data necessary for the implementation, documentation and settlement of contracts concluded through the Store.
- By placing an order, the Customer consents to the inclusion of his personal data in the Store's database and to its processing for the purpose of contract execution. Provision of personal data by the Customer and consent to their processing are necessary for the Store to process the order.
- Personal data may be disclosed to employees or associates of the Service Provider, in particular, they may be made available to business partners in justified cases such as the processing of warranty claims, complaints or the legitimate interests of the Service Provider related to the performance of the contract and the assertion of claims. In particular, in order to carry out delivery, the Client's personal data may be transferred to the carrier, in order to fulfill tax obligations under applicable laws, the Client's personal data may be transferred to an accounting firm, in order to ensure proper operation of the Store, the personal data may be transferred to an IT company.
- Personal data is protected in accordance with the Act of May 10, 2018 on the Protection of Personal Data (Journal of Laws No. 133, item 883), the RODO, as well as implementing regulations and provisions issued on the basis of the RODO - in a manner that prevents access by third parties.
- The Administrator processes the following personal data of the Customer specified in Chapter V, para. 3.2 and e-mail address.
11. The Customer has the right to request access to his/her personal data, rectification, deletion or restriction of processing, the right to object to processing, as well as the right to portability of his/her data and to lodge a complaint with a supervisory authority.
12. Personal data of Service Recipients will not be shared with other entities for marketing purposes without the Client's consent.
13 Your data may be transferred to entities cooperating with Us on the basis of a contract on entrustment of personal data processing. We may transfer your processed Personal Data to entities cooperating with Us for the purpose of proper performance of the Agreement connecting Us with you and related additional services.
Your Data does not go outside the European Economic Area, and if a transfer to a location outside the EEA should occur in the future, We will take appropriate steps to ensure the protection of the Data, in particular by:
- using certain contractual clauses called "standard contractual clauses" that have been approved by the European Commission; or
transfer to countries for which the European Commission has issued a decision stating an adequate level of protection.
Inthis case, you are entitled to obtain a copy of the relevant safeguards
XIII. INFORMATION ON RISKS ARISING FROM THE PROVISION OF ELECTRONIC SERVICES
- Spyware, computer viruses and spam are threats arising from the provision of electronic services.
- Spyware are, computer programs whose purpose is to collect information about the user, and to transmit it without the user's knowledge to others. These programs collect information about the user and send it, often without the user's knowledge or consent, to the author of the program.
- A computer virus is software that transmits itself through files, which requires the presence of a file system, or by direct writing to a selected sector of a storage medium, such as a hard drive or flash drive.
- Spam is unsolicited or unnecessary electronic messages sent simultaneously to multiple recipients.
XIV. FINAL PROVISIONS
- Contracts concluded through the Online Store are concluded in accordance with Polishlaw .
- Any disputes between the Seller and the Consumer or Entrepreneur-Consumer will be resolved by a court of competent jurisdiction. Any disputes between the Seller and the Entrepreneur will be resolved by a court with local jurisdiction over the Seller.
- The Seller shall not be liable for the inability to place an Order, incorrect placement of an Order or for the correctness of the operation of the Store resulting from technical malfunctions, errors in the data communications system or caused by factors beyond the Seller's control.
- The Seller is not responsible for the Customer sharing his/her login and password with third parties.
- The Service Provider reserves the right to make changes to the Terms and Conditions. Changes made to the Terms and Conditions of the Online Store are binding on the Customer, provided that he has been properly informed of the changes and could have familiarized himself with them.
- None of the provisions of the Regulations is intended to violate the rights of the Service Recipient. In the event that any part of the Terms and Conditions is inconsistent with applicable law, the Service Provider declares absolute compliance and application of that law in place of the challenged provision of the Terms and Conditions.
- The Seller has not undertaken to comply with the Code of Good Practices.
- Any disputes arising from Sales Contracts between the Online Store and Consumers will be resolved in the first instance by negotiation. A Customer who is a Consumer or a Business-Consumer has the option of using :
(a) from theEU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
b) a permanent amicableconsumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214).
c) assistance of the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of December 15, 2000 on the Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended), with a request to initiate mediation proceedings for the amicable termination of a dispute between the Customer andthe Seller. Information on the rules and procedure of mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual provincial inspectorates of the Trade Inspection.
d) free assistance in resolving a dispute between the Customer and the Seller, using free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address firstname.lastname@example.org