RULES AND REGULATIONS
TERMS AND CONDITIONS OF SALE KONSTAL PLESZEW SP. Z O.O. SP. k
valid from March 31, 2022
CONTENT OF THE REGULATIONS:
II. THE SCOPE OF APPLICATION OF THE REGULATIONS. PRELIMINARY PROVISIONS
III. ONLINE STORE - TERMS AND CONDITIONS OF THE ONLINE STORE
IV. DELIVERY OF GOODS TO THE CUSTOMER AND PAYMENT
V. TERMS OF COMPLAINT AND RETURN OF GOODS
VI. WITHDRAWAL FROM THE AGREEMENT AND RETURN OF GOODS BY AN INDIVIDUAL CUSTOMER
VII. SHIPMENT OF GOODS - HOW TO SEND THE GOODS. SHIPPING COSTS
VIII. FINAL PROVISIONS
The terms used in these Regulations mean:
1) Konstal Pleszew Limited liability company Limited partnership with its registered office in Pleszew at ul. Kaliska 184, 63-300 Pleszew, NIP number: 6171360694 and REGON number: 250641573, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register under KRS number 0000779006 ( phone: +48 62 741 81 63, website: www.kotly24.pl, www.kotly24.pl);
2) Corporate customer - a natural or legal person or an organizational unit without legal personality that is a party to the purchase of goods in the company of Konstal Pleszew in connection with its business or professional activity;
3) Individual customer (consumer) - a natural person purchasing goods from Konstal Pleszew who is not a company customer;
4) Customer - corporate customer or individual customer;
5) Regulations - these regulations for the sale of goods by Konstal Pleszew, specifying the essential conditions for the sale of goods, placing orders and their implementation, available at www.kotly24.pl in the tab (in the footer of the page) "Regulations" (at the address: https:// kotly24.pl/webpage/regulamin.html
6) Regulations of the Online Store - Regulations of the Konstal Pleszew Online Store located at www.kotlarstwo.pl in the Regulations in the chapter "Online Store - Regulations of the Online Store", applicable when the Customer purchases goods from Konstal Pleszew via the Internet platform, specifying in particular rules for using the Konstal Pleszew Online Store, account registration, placing orders, concluding a contract and its implementation;
7) Complaint - submitting a complaint by the Customer to Konstal Pleszew in the manner specified in the complaint conditions, starting the complaint process, carried out in accordance with the provisions of the Complaint Conditions;
8) Complaint conditions - conditions for complaint of goods included in these Regulations in the chapter "Conditions for complaints and return of goods", specifying the conditions and method of processing the complaint of the purchased goods and cooperation in this respect by the Customer and Konstal Pleszew;
9) Store - the point of sale of Konstal Pleszew goods and the warehouse of goods (point of personal collection of goods), located at ul. Kaliska 184, 63-300 Pleszew, open on working days, except for statutory holidays, from Monday to Friday from 7:00 to 15:00; exceptionally, the Store may also be closed in other than the above-mentioned time - then the relevant information is posted on the website www.kotly24.pl on the first page or in the "Contact" tab;
10) Online Store - online trading platform for the sale of Konstal Pleszew goods via the Internet at www.kotly24.pl (Konstal Pleszew Online Store), operating 24 hours a day, excluding technical breaks signaled on the website www.kotly24.pl or failures; the rules for concluding a contract via this online trading platform are set out in these Regulations; Konstal Pleszew also sells goods via the Allegro online trading platform at www.allegro.pl, belonging to Allegro Group Sp. z o.o., the rules of operation of which, including the method of concluding a contract, are specified in the regulations of this platform at www.allegro.pl in the "Regulations" tab - Konstal Pleszew sells goods there as a user "kotlarstwo_info" on the terms set out in these regulations, subject to the above-mentioned . regulations of Allegro Group Sp. z o.o., in particular as regards the manner of concluding the contract;
11) Order - the Customer's order placed via electronic mail (e-mail), Online Store or traditional letter form (registered mail), by phone at +48 62 741 81 63. The order should contain all the data necessary for its implementation by Konstal Pleszew as well as information enabling its proper execution;
12) Agreement - an agreement concluded as a result of placing an Order by the Customer and acceptance of the Order by Konstal Pleszew, taking into account the provisions of these Regulations, and in which the essential terms of the agreement are sufficiently specified, in a manner enabling its performance in accordance with the provisions of the Regulations and the law - i.e. at least by specifying the parties (Client), the goods, their quantity, price, method and place of delivery (collection) of the goods and method of payment;
13) Goods - goods / goods offered for sale by Konstal Pleszew, in particular those published on the website www.kotly24.pl.
II. PRELIMINARY PROVISIONS. THE SCOPE OF APPLICATION OF THE REGULATIONS
2.1. These Regulations apply to all contracts concluded between Konstal Pleszew (as a seller of goods) and the Customer. If specific provisions are determined during the execution of the Order, excluding or modifying the provisions of the Regulations, the specific provisions are binding on the parties only within the scope of a specific Agreement, unless otherwise stated in a clear statement by Konstal Pleszew.
2.2. Konstal Pleszew is not bound in any way by the general terms and conditions of contracts, contract templates or regulations that are used by the Customers, unless the Customer explicitly asks Konstal Pleszew in this matter, and Konstal Pleszew agrees to their validity by way of a clear written statement. .
2.3. With the exception of persons authorized to represent Konstal Pleszew in accordance with the rules of representation, including partners, proxies or proxies with a written express authorization, employees of Konstal Pleszew are not (implicitly) entitled to depart from the provisions of these Regulations.
2.4. The provisions of these Regulations are binding for the Customer if the Regulations are made available to him before placing the Order and concluding the Agreement, in particular this applies to an individual customer to whom the Regulations should be made available in accordance with the applicable law.
2.5. These Regulations are available at the headquarters of Konstal Pleszew and on the website www.kotly24.pl in the "Regulations" tab (in the footer of the page) at http://www.kotlarstwo/webpage/regulamin.html.
2.6. The Customer may place an Order by:
(a) Konstal Pleszew online store - see chapter III of the Regulations;
(b) placing an Order via e-mail correspondence;
(c) placing an order in writing, sent by registered mail or fax at +48 62 741 81 63;
(d) by phone at +48 62 741 81 63
2.7. Orders for which there are any doubts regarding its content or the possibility of execution by Konstal Pleszew will be verified by the staff of the Online Store. Such an order may be modified or canceled by Konstal Pleszew. The Customer will be informed about the proposed change to the Order or cancellation of the Order by sending an e-mail to the e-mail address provided or accepted above. communication channel (including possibly in the mode of evasion of the declaration of will). In the case of a proposal to change the content of the Order, the Agreement is concluded after the Customer expressly accepts the content of the amended Order.
2.8. In the event of any errors on the website www.kotly24.pl, resulting from incorrect or ambiguous information entered by the website staff, or from errors occurring during its operation, please contact us at the e-mail address email@example.com
2.9. The contract is concluded when the Customer submits an Order and Konstal Pleszew accepts the Order, including specifying the parties (Konstal Pleszew and specifying the Customer and his address details), the goods, their quantity, price, method and place of delivery (collection) of the goods and the method of payment.
2.10. The Customer is responsible for clearly wording the Order
(taking into account the content of the Konstal Pleszew offer posted in particular on the website www.kotlarstwo.pl) and providing its real, current and correct data necessary for the settlement and execution of the Order (i.e. such data as required when registering and placing an Order in the Konstal Pleszew online store – cf. point 3.5 of the Regulations); if a business customer is a VAT payer, he should provide the NIP number in the Order, necessary for the correct issuing of a VAT invoice.
2.12. At the same time, by placing an Order, the Customer may agree to receive advertising materials from Konstal Pleszew. Possible forms of sending advertising materials to the customer are: e-mail (to the e-mail address provided in the order form or e-mail address entered in the Newsletter at www.kotly24.pl and in the form of advertising leaflets, catalogs sent.
2.13. Broadly understood information placed on the website www.kotly24.pl, as well as on auctions on other Internet portals (in particular Allegro in the auctions of the user "kotlarstwo_info" and others), in the form of product photos, descriptions, diagrams, charts, as well as graphic design online store and Allegro auction, are covered by the copyright of Konstal Pleszew, which is owned by Konstal Pleszew. Copying and use of the above-mentioned elements without informing Konstal Pleszew in advance and obtaining consent to use them in response is prohibited. In the event of a violation of rights, the person who violates the reservations will be informed about the need to stop using these elements. In the absence of reaction, the provisions of law apply, and it is also possible to refer the case to the competent judicial authority.
III. ONLINE STORE - TERMS AND CONDITIONS OF THE ONLINE STORE
3.1. This chapter sets out the technical conditions for using the Konstal Pleszew Online Store and the method of concluding a contract with Konstal Pleszew through it.
3.2. In the case of purchase of goods via the ALLEGRO online trading platform at www.allegro.pl, belonging to Allegro Group Sp. z o.o., the contract is concluded in the manner specified in the regulations of this platform, at www.allegro.pl in the "Regulations" tab. Konstal Pleszew sells goods under the "kotlarstwo_info" user additionally on the terms set out in these Regulations (subject to the above-mentioned regulations of the Allegro Group Sp. z o.o., in particular as regards the method of concluding the contract).
3.3. In order to use the Konstal Pleszew Online Store (located at www.kotly24.pl), the Customer should have the following minimum technical conditions enabling him to use the Konstal Pleszew Online Store:
(a) having a device and software enabling access to the Internet;
(b) having software - a web browser that allows you to browse websites and save files (e.g. regulations, website content) in the location selected by the Customer (disk, mass memory);
(c) having software that allows reading documents made available by Konstal Pleszew in the pdf
[Registration of the user account of the Konstal Pleszew Online Store]
3.4. Orders within the Konstal Pleszew Online Store are accepted directly on the website www.kotly24.pl after prior registration of the Customer and logging in to this website.
3.5. Registration of the Customer's account in the Konstal Pleszew Online Store consists in clicking the "My Account" - "Register" tab on the website www.kotly24.pl and then:
(a) providing the future Customer login (Client's e-mail address) and providing the password in order to set up and operate the Customer's account in the Konstal Pleszew Online Store; The customer is obliged to strictly keep the password confidential;
(e) upon confirming the e-mail address by clicking on the active link in the message sent, the User is redirected to the subpage of the Konstal Pleszew Online Store with edit fields to complete the Customer's data:
in the case of an individual customer: name and surname, address of residence (street, postcode, city, country) and optionally telephone number;
- in the case of a business Customer: company (full official name of the entrepreneur), NIP number, optionally name and surname, registered office address (street, postcode, city) - these are also data and address for the VAT invoice ("Payer's Data");
it is also possible to provide other contact and address details only for the purposes of delivery (shipment) of the goods ("Shipping Details");
- in order to execute Orders, the Customer is obliged to provide true and current contact and address details as a party to the Agreement with Konstal Pleszew, which are necessary for the proper execution of the Order; By providing the data, the Customer declares that the Customer's data is true and up-to-date.
3.7. Konstal Pleszew permanently deletes the Customer's account and data from the Customer's registration at the Customer's request sent to the address firstname.lastname@example.org, as well as due to the obligation resulting from the provisions of generally applicable law; Konstal Pleszew may also delete the Customer's data and account in the event of termination of cooperation with the Customer, as well as resignation from providing the Konstal Pleszew Online Store or in the event of its changes, upgrades, corrections or modifications; however, subject to the possibility of temporary storage of data necessary for the performance of the concluded Agreement and documenting the Agreement and activities related to its implementation until the expiry or limitation of the Customer's claims, to the extent that it is permissible in accordance with generally applicable law.
[Placing an Order and concluding an Agreement]
3.8. The Customer places an Order after logging in (in the "My Account" - "Login" tab) on the website www.kotly24.pl by entering the login, which is the Customer's e-mail address provided during registration and entering the password set by the Customer.
3.9. Placing an Order consists in using the available options of the Online Store.
3.10. First, the Customer selects the goods (presented on the first page of www.kotly24.pl and in tabs referring to individual categories of goods) by clicking the "Add to basket" button under the selected product; then the Customer enters the quantity of goods in the displayed edit field.
3.11. After selecting the goods and going to the "Basket" (e.g. by clicking the icon in the upper part of the page), a list of all selected goods is displayed along with information on the content of the Order (including the list of prices of goods, their quantity and delivery costs); here the Customer completes the content of the Order:
o the method of delivery selected by the Customer - by checking the box next to the selected method of delivery;
o the method of payment selected by the Customer - by checking the box next to the selected method of payment;
for any comments to the Order;
here, the Customer also has the option of modifying the payer's data (the parties to the Agreement - the Customer and invoice data) and shipping data in the open edition fields. The customer can also modify the quantity of selected goods, remove goods from the list or return to shopping (further selection of goods to the "Cart" of purchases).
3.12. The sales document is issued by Konstal Pleszew for the data indicated in the Order in the "Payer's data" section. The delivery of the goods (shipment) will be made to the address details indicated in the "Shipping details" section. Each time when placing an order, the Customer is obliged to check the correctness of this data. When irregularities are found in these or other Order data, these data should be corrected immediately, and if the Customer approves the order with incorrect data, send information with correct data to the address email@example.com. If the order is completed with incorrect data due to the Customer's reasons and the possible need to send the goods to another place, the Customer will be charged with the costs of re-addressing.
3.13. Then, in the "Cart" subpage, after clicking the "Go to confirmation" button under the list of goods and under the editing fields in the "Basket", the "Order confirmation" subpage is displayed, in which the entire contents of the basket are presented.
3.14. Orders (i.e. with a list of selected goods along with their quantity, net and gross unit prices and total prices, delivery costs and the total amount to be paid with the words "Total payable" in bold). At this point, the Customer should verify the content of the Order: if the Order requires several corrections, click the "Back to cart" button. If the Customer accepts the displayed Order, he clicks on the button "Order with the obligation to pay. Order” - clicking this button means that the Customer places a binding Order and concludes a contract with Konstal Pleszew with the obligation to pay on the terms set out in these Regulations, subject to point 3.17 of the Regulations.
[Resignation from the Order by the Customer]
3.16. The Customer may withdraw the placed Order only on the condition of prior contact and obtaining the consent of an authorized employee of Konstal Pleszew. The official resignation from the Order ("I resign from the placed Order number ...") should be sent by the Customer by e-mail to Konstal Pleszew at the address firstname.lastname@example.org immediately after receiving the abovementioned information. consent. This resignation is valid if Konstal Pleszew confirms the acceptance of the resignation by e-mail.
[Retail prices and wholesale prices]
3.17. Prices in the Konstal Pleszew online store are expressed in Polish zlotys (PLN); gross prices include VAT at the current VAT rate. The following types of prices are available: retail price - visible to all users of the Konstal Pleszew Online Store; and the wholesale price - visible only to registered users qualified by Konstal Pleszew as a wholesale recipient.
3.18. The order will be processed after the payment (i.e. in the case of payment in the form of a bank transfer after the funds have been credited to the account of Konstal Pleszew). The Customer's choice of payment with a deferred payment date ("Transfer with a deadline of 7/14/30 days") is available only to those Customers to whom Konstal Pleszew has granted an appropriate trade limit - in this case, the Agreement with Konstal Pleszew for the execution of the placed Order is concluded only at the moment additional confirmation of the Order by Konstal Pleszew, which may also take place implicitly by the very execution of the Order (then the Agreement is considered validly concluded).
3.19. Placing an Order via the Online Store means acceptance of the provisions of the Regulations in force on the date of placing the Order.
3.21. The Konstal Pleszew online store uses the mechanism of Cookies - in accordance with the rules set out in the "Cookies Policy" link on the website www.kotly24.pl (at the address http://www.kotly24.pl/webpage/polityka-prezentnosci.html).
3.22. Konstal Pleszew is not responsible for faulty or incorrect operation of the Online Store platform for Customers; Konstal Pleszew makes every effort to ensure that the Konstal Pleszew Online Store works properly. Konstal Pleszew may cease to support and share the Online Store, as well as make changes, upgrades and modifications (including causing interruptions in its functioning).
3.23. Complaints regarding the operation of the Online Store should be submitted to the following address: email@example.com. Konstal Pleszew considers complaints within 14 days.
Konstal Pleszew will inform about the result of considering the complaint by e-mail to the e-mail address provided in the complaint.
3.24. In matters not covered in this chapter, the remaining provisions of the Regulations and the provisions of generally applicable law shall apply. Acceptance of the Regulations also means acceptance of the provisions regarding the Online Store.
3.25. The Regulations and amendments to the Regulations are published and available for download on the website www.kotly24.pl, in particular in the footer of the website in the "Regulations" tab (at the address http://www.kotly24.pl/webpage/regulamin.html).
3.26. The Regulations and their changes are effective after their publication on the above-mentioned website. website www.kotly24.pl from the date indicated in the header of the Regulations and include new Orders placed from that date.
DELIVERY OF GOODS TO THE CUSTOMER AND PAYMENT
[Supply of goods]
4.1. The ordered goods will be delivered as below:
- personal collection - in the Store (headquarters of Konstal Pleszew) during working hours;
- DHL courier shipping - parcels up to 30 kg;
- RABEN courier shipment - pallet shipments up to 1 ton;
- shipping by Polish Post - parcels up to 30 kg;
4.2. Transport costs depend on the total weight of the ordered goods and the dimensions of the collective packaging. The weight of the goods is a net unit weight (without packaging). The actual weight of the package may change due to the unit packaging of the product, collective packaging of the shipment, elements used to properly secure items during transport. Therefore, the transport costs may change slightly in relation to the data of the original Order placed by the Customer, of which the Customer will be immediately informed after analyzing the order by the Konstal Pleszew service using the text message system to the Counterparty's number provided when placing the order or by e-mail e-mail to the address defined in the Customer's parameters. Due to the variety of the assortment, dimensions, and above all, having in mind the safe transport of purchased goods, each Order is verified in terms of the form of shipment chosen by the Customer and, if necessary, a change to the most appropriate method of shipment is suggested. Point 2.7 of the Regulations applies.
4.3. The shipping costs are covered by the Buyer. The transport costs of the purchased goods are included in the price list available at http://www.kotly24.pl/webpage/cennik-transportu.html. It includes the price list for domestic and foreign shipments. This price list is an integral part of the Regulations.
4.4. Each shipment is accompanied by a proof of purchase (in particular a VAT invoice).
4.5. Konstal Pleszew reserves the possibility of unavailability of a specific product, about which the Customer will be informed and about the related (extended) time of order fulfillment. The standard order processing time is 1-2 working days. If the Ordering Party does not agree to extend the order completion time, it may - without the consent of Konstal Pleszew - completely cancel the Order or resign only from the item that extends the Order completion time.
4.6. The customer can pay for the ordered goods and delivery costs in several ways. The customer can choose:
- in cash or by card when paying at the headquarters of Konstal Pleszew
- cash on delivery;
- payment on bank account;
- transfer with a payment deadline of 7 / 14 / 30 days (if the customer qualifies for the trade limit granted at the discretion of Konstal Pleszew);
- online payment Przelewy24;
- installment sale Credit Agricole Bank Poland S.A.
4.7. The order will be processed after the payment has been made (in the case of payment by bank transfer after the funds have been credited to the account of Konstal Pleszew).
4.8. The choice of payment with a deferred payment date ("Transfer with a deadline of 7/ 14/ 30 days") is available only to Customers to whom Konstal Pleszew has granted an appropriate trade limit - in this case, the Agreement with Konstal Pleszew for the execution of the placed Order is concluded only when the Order is confirmed by Konstal Pleszew, which may also occur impliedly by the execution of the Order.
TERMS OF COMPLAINT AND RETURN OF GOODS
5.1. The terms of the complaint specify the rules for submitting complaints by the Customer, returning goods, considering complaints and settling complaints by Konstal Pleszew and the cooperation of the Customer with Konstal Pleszew in submitting and settling complaints.
5.2. The terms of the complaint are made available to the Customers in the Store and in the electronic version on the website of the Online Store in the "Regulations" tab.
5.3. In the case of an individual Customer, the Complaint Conditions are binding on him provided that the Complaint Conditions are made available to him, with the proviso that the Complaint Conditions, which may not be binding for an individual Customer, also specify the complaint procedures at Konstal Pleszew and compliance with them may facilitate and accelerate the settlement of the complaint.
5.4. Before collecting the shipment from Konstal Pleszew, check the packaging for transport damage. In particular, pay attention to the condition of the tapes or seals affixed to the shipment. If the packaging of the shipment shows signs of damage or if the seals (tapes) are broken, do not accept the shipment and draw up a damage report in the presence of the courier and contact the Seller as soon as possible to clarify the matter.
5.5. Checking the shipment upon receipt is a necessary condition for taking into account any customer claims for damage or theft of the shipment in transport; the guarantee, warranty and the right to withdraw from the contract do not apply to damage to goods of external origin in connection with damage to the shipment in transport or damage to the goods after delivery of the goods to the Customer - subject to point 5.6 of the Regulations.
5.6. An individual customer is not liable for damage in transport if Konstal Pleszew had no influence on the choice of the carrier by the individual customer; in such a situation, however, an individual customer should cooperate with Konstal Pleszew in order to determine and determine the liability for damage.
5.7. The customer is responsible for the decrease in the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
5.8. Notwithstanding other provisions of the Regulations, the liability of Konstal Pleszew towards the company Customer is each time limited to the maximum value of the placed Order. In addition, the company customer is obliged to immediately complain about defective goods, in particular in the scope of obvious defects, within 7 days from the date of receipt of the goods, under pain of not accepting the complaint. The limitations of Konstal Pleszew's liability do not apply to situations: specified in generally and absolutely applicable laws and only to the extent they are applicable, and do not apply to the situation of a different agreement between Konstal Pleszew and a business customer (despite the limitation of liability of Konstal Pleszew).
[Notification of a complaint / notification of a return of goods]
5.9. Konstal Pleszew is obliged to deliver the goods to the Customer without defects. This point refers to the complaint of the goods in a situation where defects of the goods have been revealed consisting in their non-compliance with the Agreement (specified by the offer of Konstal Pleszew and the Customer's order), the goods have failed or been damaged in such a way that a complaint under the law is justified or in accordance with the warranty conditions of the manufacturer of a given product, i.e.:
(a) the goods sent are inconsistent with the order (goods other than those ordered);
(b) the goods sent are faulty, faulty, unserviceable (provide a detailed description);
(c) any other reason described by the customer justifying the complaint about the goods.
5.10. Defects of a part of the goods do not entitle to a complaint of the whole goods, unless such entitlement results from the provisions of law.
5.11. The complaint procedure does not apply to withdrawal from the contract by an individual customer, in accordance with point VI.
5.12. The basis for the complaint is the proof of purchase of the goods in Konstal Pleszew by the Customer (complainant), subject to the currently applicable law.
5.13. The customer should submit a complaint about the goods to Konstal Pleszew (before the possible shipment of the goods). The complaint may be submitted by the Customer via the complaint form available at www.kotly24.pl at http://www.kotly24.pl/regulaminy/formularz-zgloszenia-reklamacyjny.pdf. The form contains sections with information necessary and/or helpful for the efficient handling of the complaint.
5.14. The complaint form contains the following fields: order number and date, invoice or receipt number, contact details, bank name and bank account number, identification (description) of the goods under complaint, method of purchase, description of the reason for the complaint and the Customer's comments. The form also contains a statement about reading the Terms of Complaint and Return of Goods.
5.15. The completed form can be sent to Konstal Pleszew by e-mail to the e-mail address firstname.lastname@example.org, by fax to 62-741-81-63 or by traditional letter (registered mail) to the address of Konstal Pleszew with the note "REKLAMACJA" on the envelope.
5.16. In response to the submitted complaint form, the Customer will receive a unique complaint number in order to improve and speed up the complaint procedure. The response to the complaint will be sent immediately, in particular by e-mail or other communication channel indicated on the complaint form. In response, Konstal Pleszew may ask you to supplement the data necessary to accept or settle the complaint.
5.17. After receiving a response to the complaint, if it is necessary to return the goods to Konstal Pleszew, they should be sent to Konstal Pleszew in accordance with the rules set out in Chapter VII.
Settlement of the complaint by Konstal Pleszew
5.18. The complaint will be considered within 14 days, as soon as possible. Konstal Pleszew's reply will be sent to the communication channel indicated by the Customer.
5.19. After a positive consideration of the complaint, in the case of returning the goods, upon receipt of the complained goods, Konstal Pleszew checks the method of securing and the condition of the shipment. Then Konstal Pleszew checks the contents of the shipment and the condition of the goods.
5.20. After the customer returns the goods, Konstal Pleszew undertakes the following actions depending on the reason for the return of the goods and the condition of the goods, i.e.:
5. (a) if the goods sent are inconsistent with the order (goods other than those ordered) - Konstal Pleszew will refund the shipping cost and send the goods in accordance with the order to the address of the previous shipment;
(b) if the goods sent are faulty, faulty or unserviceable (detailed description) - Konstal Pleszew will reimburse the shipping cost and send the goods in accordance with the order to the address of the previous shipment;
(c) if there is another reason described by the Customer justifying the return of the goods - Konstal Pleszew will take action according to the indicated reason and the stated condition of the goods in consultation with the Customer;
(d) if the complaint is accepted, Konstal Pleszew will return the shipping costs to the individual customer (in terms of the cheapest possible form of shipment, as was available at Konstal Pleszew) and the gross value of the goods, to the bank account indicated in the return form.
5.21. If it is necessary to deliver the advertised goods to the manufacturer in order to perform a warranty repair or issue an opinion, the time of final settlement of the complaint may be 14 days from the date of delivery of the damaged goods to the address of Konstal Pleszew.
5.22. Upon receipt of the returned goods, Konstal Pleszew checks the method of securing and the condition of the shipment. Then Konstal Pleszew checks the contents of the shipment and the condition of the goods.
5.23. In other cases not covered by the above, Konstal Pleszew will take steps to resolve amicably, as far as possible, in accordance with the situation and in consultation with the Customer, in accordance with the provisions of generally applicable law.
VI. WITHDRAWAL FROM THE AGREEMENT AND RETURN OF GOODS BY AN INDIVIDUAL CUSTOMER
6.1. An individual customer who has concluded a distance or off-premises contract of Konstal Pleszew may withdraw from the contract and return the goods within 14 days from the date of delivery of the goods - without giving a reason, in accordance with the provisions of the Act of 30 May 2014 on consumer rights (cf. Article 27 et seq. of this Act) by sending a statement of withdrawal from the contract to Konstal Pleszew.
6.2. The right to withdraw from the Agreement does not apply to:
(a) in which the subject of the service is non-prefabricated goods, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
(b) in which the subject of the service are goods which, due to their nature, are inseparably connected with other items after delivery;
(c) in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
(d) concluded by public auction.
6.3. A statement of withdrawal may be submitted by an individual customer using the contract withdrawal form, drawn up in accordance with the provisions of the above-mentioned of the Act, located at: http://www.kotly24.pl/regulaminy/formularz-odstaczenia-od-umowy.pdf - which will streamline and speed up the withdrawal procedure.
6.4. A statement of withdrawal from the contract may be sent by an individual customer to Konstal Pleszew by e-mail to the e-mail address email@example.com, by fax to the number 62-741-81-63 or by traditional letter (registered mail is recommended) to the address of Konstal Pleszew, possible note on the envelope "RETURNS" (which will speed up the procedure). To meet the 14-day deadline for withdrawing from the contract, the date of sending the statement of withdrawal is considered.
6.5. In the event of sending a declaration of withdrawal from the contract electronically, Konstal Pleszew will immediately send the individual customer a confirmation of receipt of the declaration of withdrawal.
6.6. After the effective submission of the declaration of withdrawal from the contract, it is considered void, therefore Konstal Pleszew will immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract, return to the individual customer all payments made by him, including the costs delivery of the goods to the Customer (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery available at Konstal Pleszew, with the proviso that the Customer bears the following costs: direct costs of returning (sending) the goods to Konstal Pleszew; in addition, the Customer bears liability for a decrease in the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6.7. An individual customer is obliged to return the goods to Konstal Pleszew within 14 days from the date of withdrawal from the contract. Konstal Pleszew may withhold the reimbursement until receipt of the goods or confirmation of proof of shipment by the individual customer.
6.8. Konstal Pleszew will refund the payment using the same method of payment as used by the individual customer, unless the customer has expressly agreed to a different method of return, which does not involve any costs for him, in particular by transfer to the bank account indicated by the customer.
6.9. In order to entitle and accelerate the procedure of withdrawal from the contract, an individual customer may provide information about the return of the goods before shipping the goods. Information about the return can be provided via the goods return form, in accordance with the instructions described in chapter VII. The return form is available in a printable version at http://www.kotly24.pl/regulaminy/formularz-zwrotu-towaru.pdf.
6.10. The goods should be sent to Konstal Pleszew in accordance with the rules set out in point VII.
VII. SHIPMENT OF GOODS - HOW TO SEND THE GOODS. SHIPPING COSTS
[Notification of return / return of goods - informing Konstal Pleszew]
7.1. Information about the return of the goods should be sent to Konstal Pleszew before the return shipment of the goods - in order to improve the return procedure.
7.2. Information about the return can be provided via the return form (which will streamline and speed up the return procedure). The goods return form is available at: http://www.kotly24.pl/regulaminy/formularz-zwrotu-towaru.pdf.
7.3. The return form contains the following fields: order number and date, invoice or receipt number, contact details (Name and surname, Address, Telephone, E-mail), bank name and bank account number, detailed information about the returned goods, method of purchase, reason for return goods and customer comments. The form also includes a statement about reading the terms of returning the goods specified in the Complaint Terms of the Regulations.
7.4. The completed form should be immediately sent to Konstal Pleszew by e-mail to the e-mail address firstname.lastname@example.org, by fax to the number 62-741-81-63 or by traditional letter (registered mail) to the address Konstal Pleszew with the note "ZWROTY" on the envelope.
7.5. In response to the sent return form, the Customer will receive a unique return number - to mark the shipment (which facilitates the return procedure). This response will be sent immediately, in particular by e-mail or other communication channel indicated on the return form. In response, Konstal Pleszew may also ask you to complete the data necessary to accept or process the return.
7.6. The shipment should include a document of sale of the goods (invoice or receipt) and a completed and signed return form.
7.7. The returned goods should be returned in an appropriate, preferably original, undamaged packaging, with its complete contents (including: the goods and any other accessories attached to the goods, manuals, warranty document, proof of purchase, etc.), and the goods and accessories themselves should be undamaged.
7.8. Before sending, the shipment should be properly secured against potential damage during transport, so that the returned goods are at least in the condition in which they were received by the Customer, or that it is possible to complain about a defective transport service. The parcel packed in the same way as it was delivered to the Customer is considered to be duly secured. If the shipment (package) has been damaged during transport, the Customer should make up for the return transport.
7.9. The parcel should be marked (written) in a visible place with a legible return number or complaint number (assigned by Konstal Pleszew after reporting the return / complaint).
7.10. The Customer's shipment may be made via:
(a) Polish Post by economy mail
(b) or another professional postal operator whose service is within the price for the above-mentioned Polish Post service
(c) or if the Customer is unable to arrange the shipment within the price as for the above-mentioned the Polish Post service - via a courier company after agreement with Konstal Pleszew (in this case, you can contact Konstal Pleszew at the following contact details: Service and Complaints Department - tel. 62 741 81 63).
The shipment may also take place in such a way that, at the Customer's request, Konstal Pleszew will order the shipment to be made by a courier company.
7.11. Shipping costs to Konstal Pleszew are borne by the Customer, subject to the following provisions and the current provisions of generally applicable law.
7.12. Parcels sent to Konstal Pleszew with cash on delivery payment will not be collected by Konstal Pleszew.
7.13. Konstal Pleszew returns the shipping costs if the return of the goods or the complaint proves to be justified (in particular in the case of replacing the goods with a new one) and in the event of withdrawal from the contract - up to the amount resulting from the price list of Poczta Polska for sending an economic parcel, and in a higher amount in the case of when the Customer was unable to send the goods within the price of the above-mentioned price list, in accordance with point 3.5.
7.14. In the case of ordering a shipment by Konstal Pleszew, when the return of the goods or the complaint turned out to be unfounded, the Customer will reimburse the shipping costs paid by Konstal Pleszew - up to the amount resulting from the price list of Poczta Polska for sending an economic parcel.
7.15. If the return of the goods is justified, the shipping costs will be reimbursed to the bank account number indicated in the return form or in the absence thereof in a manner analogous to the customer's previous payment.
7.16. The shipment should be sent to the address of the registered office of Konstal Pleszew.
8.1. The Regulations and the Agreement are subject to Polish law. In matters not regulated, the provisions of generally applicable Polish law shall apply.
8.2. The provisions of the Regulations should be interpreted in accordance with the provisions of generally applicable law. In doubtful cases, the Regulations should be interpreted in such a way that, to the maximum extent possible, it will approach the legal and economic sense of the provision or its part, legally questionable or unclear, striving to ensure uninterrupted and lawful cooperation of the parties to the Agreement.
8.3. In the event that any provision of the Regulations turns out to be invalid in whole or in part (sentences, sentence, part of a sentence, scope of meaning), the remaining provisions shall remain in force, if possible.
8.4. In the event of a change in the legal status, a change in its interpretation or any non-compliance of the provisions of the Regulations with the provisions of generally applicable law, this provision in the relevant part (sentences, sentences, part of a sentence, scope of meaning) or, if necessary, in its entirety does not apply. In this case, Konstal Pleszew will also make appropriate efforts to update the Complaint Terms and adapt them to the applicable law.
8.5. Capitalized terms used in these Regulations should be understood as defined in Chapter I. Titles and subheadings are primarily informative and are intended to facilitate general navigation in the text.
8.6. In the event of objections to the transaction and a dispute with Konstal Pleszew, the parties to the dispute will first seek to settle the dispute amicably through negotiations, and then - in the case of branded Customers - all disputes will be settled before the court competent for the seat of Konstal Pleszew, and in the case of Customers individual before a competent court according to general rules.
8.7. In the event of a dispute, it is also possible to settle the dispute out of court. The competent body to settle the dispute - in the case of a dispute with an individual customer - are the consumer arbitration courts at the voivodship inspectorates of the Trade Inspection. Referring a case to this institution requires the consent of both parties. Information on how to access the above. the mode and procedures for settling disputes, can be found at the following address: www.uokik.gov.pl, in the "Settlement of consumer disputes" tab.
8.8. Amendments to the Regulations are published and available for download on the website www.kotly24.pl, in particular in the footer of the website in the "Regulations" tab (at the address http://www.kotly24.pl/webpage/regulamin.html). The Regulations and their changes are effective after their publication on the above-mentioned website. website www.kotly24.pl from the date indicated in the header of the Regulations and include new Orders placed from that date (after the new Regulations have been made available to the Customer with the new version indicated by the new date of validity of the Regulations).