Terms and conditions of Qodesz.com online store
§ 1
(1) These Rules and Regulations, hereinafter referred to as “Rules and Regulations”, define the principles on which the sale of products conducted by the online store called Qodesz.com at www.qodesz.com, hereinafter referred to as “Shop”, the rights and obligations of the seller and the buyer and the principles of the complaint procedure.
(2) The Store is operated by AURA PIOTR KOWALCZYK, Palestyńska Street, No. 5B, Location 2, Postal Code 03-321 Warsaw, Tax Identification Number (NIP): 5242104970, Business Identification Number (REGON): 012831890 (hereinafter: Seller).
(3) Any person visiting the Store (hereinafter referred to as the “Customer”) is entitled and obliged to use the Store in accordance with its purpose and the rules of social coexistence and good manners.
(4) The customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including, in particular, from any interference with the content of the Store, or its technical elements, and from providing unlawful content.
(5) In order to use the Store, the following minimum technical requirements must be met on the part of the Customer:
(a) a device with Internet access
b) installed and updated version of Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari with JavaScript and Cookies enabled,
6. in order to purchase a product from the Store (hereinafter: “Goods”), on the part of the Customer, in addition to the requirements indicated in paragraph 5. above, there is also an obligation to have
c) an active electronic mail (e¬mail) account;
7. orders by e-mail can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be processed only on the next working day.
8) The store reserves the right to temporarily suspend operations for the purpose of performing maintenance, development and modernization work.
9. the Seller informs, and the Customer acknowledges, that the use of the Internet may involve risks in the form of damage that the Customer may suffer as a result of threats occurring on the Internet, in particular, hacking into the Customer’s computer system, interception of passwords by third parties, infecting the Customer’s computer system with viruses.
(10) Customers may not post content that is illegal, immoral and violates the welfare of third parties, as well as it is prohibited for Customers to publish links to pornographic, obscene or offensive to the dignity of others.
§ 2
(1) An Account is a separate space in the Store where information about the Customer’s activities is collected and presented. One Customer may have only one Account in the Store, unless the Seller agrees to establish additional Accounts.
(2) Viewing the assortment available in the Store does not require the establishment of an Account.
(3) Creating an Account in the Store is voluntary, the purchase of products in the Store is not associated with the need to create an Account.
(4) To create an Account and to purchase goods in the store are entitled to persons who are at least 18 years old and have full legal capacity.
(5) In order to set up an Account, you must complete the registration procedure. Registration is carried out through a form and its approval after clicking on the “Create Account” button.
(6) During the registration process, the Customer shall provide a password, through which he/she then gains access to the Account. The customer is obliged to protect the password and is not authorized to share the password with third parties. The store is not responsible for the negative consequences of the Customer’s sharing the password to the Account.
(7) The Customer, at the latest at the time of registration in the Store or purchase of a product, is obliged to read the Rules and Regulations and confirm that he/she understands their content. Failure to accept the Terms and Conditions makes it impossible to make a purchase in the Store.
§ 3
(1) The prices displayed on the Store website include VAT, delivery costs are added separately, depending on the choice of delivery method by the Customer.
(2) The price shown on the Store’s website at the time of placing an order is the final price.
(3) The Seller reserves the right to change prices of the Goods displayed in the Store, to introduce new Goods for sale, to carry out and cancel promotional actions on the pages of the Store or to introduce changes in them.
§ 4
(1) After the Customer selects the Goods, click the “To Cart” icon. After selecting the “Proceed to Checkout” option, the Customer is required to select the method of delivery, indicate the e-mail address to which he will receive confirmation of the order and the delivery address and the method of payment.
(2) If the Customer has an Account, it is necessary to enter the Customer’s data necessary to complete the transaction and dispatch the ordered Goods.
(3) After creating an Account / logging in, the Customer gains access to additional options in the Customer panel, such as: order history; the ability to check at what stage the last placed order is; remembering shipping addresses; the ability to receive up-to-date information about products from the store.
(4) If the customer has chosen online payment, after payment he is redirected to the order confirmation page, from which he can continue shopping or go to the order summary.
(5) If online payment is not received by the Seller, the order is not considered to have been properly placed, which means that the contract does not come into effect and the order will not be fulfilled.
(6) Until the payment is settled, the customer is entitled at any stage of order placement to cancel the order. In this case, the contract does not come into effect and the order will not be completed.
(7) The Seller may contact the Customer at the e-mail address provided by the Customer or by telephone, at the contact telephone number provided by the Customer, in order to clarify any doubts, to confirm the placement of the order or on any other issues related to the order.
§ 5
. Delivery of Goods is available in the territory of Europe.
(2) The available methods of delivery may depend on the method of payment or Goods selected by the Customer. The available methods of delivery may change if several orders are placed at the same time, in particular due to the Goods covered by them.
(3) The term of delivery of the Goods to the Customer is up to 14 working days, unless a longer term is specified in the description of the item or when placing the Order.
(4) The time of preparation of the order for shipment by the Seller is calculated from the date of
a) crediting of the Seller’s bank account or checking account – in case the Customer chooses the method of payment by bank transfer, electronic payment or payment card
b) conclusion of the Agreement – in case the Client chooses the cash on delivery payment method.
(5) To the time indicated in paragraph 4 above should be added the time of delivery of the order by the respective carrier, which depends on the form of delivery selected by the Customer.
(6) In the event that it is not possible to fulfill part of the order, the Store may offer the Customer:
(a) cancellation of the entire order (if the Customer chooses this option, the Store will be relieved of the obligation to fulfill the order);
b) cancellation of the order in the part in which fulfillment is not possible within the prescribed period (if the Customer chooses this option, the order will be fulfilled in part, but the Store will be relieved of the obligation to fulfill it to the remaining extent);
(c) implementation of substitute performance, which will be confirmed with the Customer. The order on the basis of the substitute provision, once approved by the Customer, will be treated as final;
d) splitting the order and setting a new completion date for that part of the order, the completion of which is not possible within the originally set deadline (if the Customer chooses this option, the shipment of the products comprising the order will be made in several separate shipments, and the Customer will incur additional costs associated with splitting the order into several shipments).
(7) If the Store does not have the ordered Goods in stock or is unable to fulfill the Customer’s order for other reasons, the Store will inform the Customer by sending information to the email address provided during registration within 7 (seven) days, counting from the date of conclusion of the contract.
(8) If the payment for the subject of the order, which could not be fulfilled in whole or in part, was made in advance, the Store will refund to the Customer the amount paid (or the difference) within 14 (fourteen) days from the date of sending the information.
§ 6
(1) The Customer who is a natural person shall have the right to withdraw from the contract, without giving any reason.
(2) The right to withdraw from the contract shall expire after 14 days from the day on which the Customer took possession of the Goods, or on which a third party other than the carrier and indicated by the Customer took possession of the Goods.
(3) To exercise the right of withdrawal, the Customer shall submit a statement of withdrawal to the Seller in one of the indicated ways:
(a) by sending an e-mail to: biuro@qodesz.com
b) by printing, completing and sending the model withdrawal form available as an attachment to these Regulations and sending it by mail to the address: AURA PIOTR KOWALCZYK, Palestyńska St., No. 5B, loc. 2, postal code 03-321 Warsaw.
(4) To meet the deadline for withdrawal from the contract of sale, it is sufficient for the Customer to send information concerning the exercise of the Customer’s right of withdrawal before the expiry of the 14-day period referred to in paragraph 2 above.
(5) In the case of withdrawal from the contract of sale, the Seller shall return to the Customer the payments received, including the costs of 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 ordinary method of delivery offered by the Seller), no later than 14 days from the date on which the Seller was informed of the Customer’s decision to exercise the right of withdrawal from the contract of sale, subject to paragraph 6. below.
(6) In the case referred to in paragraph 1, the Customer is obliged to return the purchased Goods immediately, no later than within 14 days from the date of withdrawal from the contract. To meet the deadline it is sufficient to send the Goods before its expiration. The costs of returning the Goods shall be borne by the Customer.
(7) The Seller may withhold reimbursement of payments until receipt and inspection of the returned product.
(8) The Customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than necessary to determine the nature, characteristics and functioning of the Goods.
(9) The provisions of this paragraph shall also apply to sole proprietors to the extent that they make a purchase directly related to their business activity, when it is clear from the content of a particular contract that it does not have a professional character for the Customer, resulting in particular from the subject of his business activity, as defined on the basis of the provisions of the Central Register and Information on Business Activity as of the date of purchase.
§ 7
(1) Any complaints regarding the execution of the Order, purchased Goods may be reported to the e-mail address: biuro@qodesz.com.
(2) The Seller shall be liable under warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the Goods to the Customer or a third party designated by the Customer. The Customer may request removal of the defect or replacement of the Product with a defect-free one year from the date of discovery of the defect, but this period may not end before the expiration of the period referred to in the preceding sentence. Within the period referred to in the preceding sentence, the Customer may also submit a statement on withdrawal from the contract or reduction of the price of the Product due to a defect in the Goods. If the Customer has requested replacement of the Goods with defect-free Goods or removal of the defect, the period for filing a statement of withdrawal from the contract of sale or reduction of the price of the product shall begin upon the ineffective expiration of the period for replacement of the product or removal of the defect.
(3) The Seller shall, within 14 days of receipt of the complaint, respond to it. If the complaint is accepted, the Customer is informed how the complaint was handled, in particular whether the advertised Goods will be replaced or refunded.
(4) If necessary, the Seller shall have the right to require the Customer exercising warranty rights to return the defective Goods, unless the Seller considers it sufficient in the case to provide other evidence of the defectiveness of the Goods, such as photographs of the Goods to which the Customer agrees.
(5) The Seller shall not be obliged to provide the Customer with a replacement Goods for the duration of the complaint procedure.
(6) If the sold Goods have a defect, the Customer may demand:
(a) removal of the defect or
b) replacement of the Goods with a defect-free one, or
c) price reduction or
d) refund
(7) In the case of a request for replacement of the Goods for defect-free or removal of the defect, the Seller may refuse to satisfy the Client’s request if bringing the defective Goods into conformity with the contract in the manner chosen by the Client is impossible, or in comparison with the other possible way of bringing them into conformity with the contract would require excessive costs.
(8) In a situation where the Customer requests a reduction in the price of the Goods or withdraws from the contract, the Seller may replace the Goods with defect-free Goods or remove the defect, provided that this is done immediately and without undue inconvenience for the Customer. The above shall not apply if the ordered Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defect.
(9) In assessing the excessiveness of costs, the value of the Goods free from defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by other means of satisfaction shall be taken into account. The cost of repair or replacement shall be borne by the Seller.
(10) If the complaint is accepted by returning the payment, the Customer shall receive a refund of the same value. The refund takes into account all discounts received at the time of purchase.
(11) The Seller shall not be liable for non-conformity of the product with the contract, if the Customer at the time of conclusion of the contract knew about this non-conformity with the contract.
(12) The Seller shall not be liable under the warranty for defects when the Goods do not meet only the individual subjective feelings or expectations of the Customer, e.g. the Goods do not meet the taste preferences of the Customer.
(13) Complaints relate to the rights of Consumers under the warranty for defects and are defined in the Act of April 23, 1964 of the Civil Code.
(14) The above provisions do not apply to individual orders (made to order) and to products which, pursuant to Article 38 of the Law on Consumer Rights, are not subject to return – The right to withdraw from a contract concluded off-premises or at a distance does not apply to the consumer in respect of contracts:
(a) in which the subject of performance is a non-refabricated thing, produced to the consumer’s specifications or serving to meet his individualized needs,
b) in which the subject of performance is an item delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery.
(15) The provisions of this paragraph shall also apply to sole proprietors to the extent to which they make a purchase directly related to their business, when it follows from the content of a particular agreement that it does not have a professional character for the Customer, resulting in particular from the subject of his business activity, as defined on the basis of the provisions of the Central Register and Information on Business Activity as of the date of purchase.
§ 8
(1) To the fullest extent permitted by law, the Store is not responsible for the blocking by mail server administrators of the transmission of messages to the email address indicated by the Customer, and for the deletion and blocking of email by software installed on the computer used by the Customer.
(2) All trademarks (logos, logotypes, brand names, etc.), graphic materials, images posted on the Store’s website are protected by law and are used by the Store for informational purposes only.
(3) All names of Goods offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.
(4) The Store contains content protected by intellectual property rights, in particular, works protected by copyright (content posted in the Store, layout, graphics, photos, etc.). Customers and visitors to the Store agree to respect the intellectual property rights (including copyright and industrial property rights such as rights arising from the registration of trademarks) vested in the Owner and third parties. A customer of the Store or a visitor to the Store’s website is solely responsible for failure to comply with the provisions of this section.
(5) The Store undertakes to inform registered Customers of the Store about any change in the regulations by sending them an electronic message to the email addresses provided during registration, and the Customer, upon receipt of such information, will be able to delete his Account at any time.
(6) In matters not covered by the Rules of Procedure, the applicable provisions of Polish law shall apply, including in particular the Civil Code, the Act on special conditions of consumer sale and amending the Civil Code, as well as the Act on the protection of certain consumer rights and liability for damage caused by dangerous products.
Communication on out-of-court settlement of disputes
Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), Aura Piotr Kowalczyk, based in Warsaw, hereby provides an electronic link to the online ODR (online dispute resolution) platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court settlement of disputes between businesses and consumers. Settlement of disputes by this method is voluntary in nature
PRIVACY POLICY
Who is the administrator of your data?
The administrator of your personal data is AURA PIOTR KOWALCZYK, Palestyńska Street, No. 5B, loc. 2, postal code 03-321 Warsaw, NIP: 5242104970, REGON: 012831890, (hereinafter: “Administrator”).
Why do we process your Data?
In connection with the services provided through the QODESZ.COM website consisting in the sale of products, i.e. in order to conclude or perform a contract (Article 6(1)(b) of the Regulation), your data will be stored until the contract is performed
Fulfillment of any legal obligations incumbent on us in connection with the cooperation undertaken (Article 6(1)(c) of the Ordinance), this purpose is related to legal obligations to store certain documents for the time indicated by law, e.g.:
74(2)(1-8) of the Accounting Act of 29.09.1994 (Journal of Laws of 2017, item 1858);
34(1) of the Law on Prevention of Money Laundering and Financing of Terrorism dated March 1, 2018 (Journal of Laws 2018, item 723);
86 §1 and 2 of the Law of August 29, 1997. – Tax Ordinance (Journal of Laws 1997 No. 137 item 926).
For the purpose of possible establishment, investigation or defense against claims, which is our legitimate interest (the basis of Article 6(1)(f) of the Regulation). Data will be processed until the statute of limitations for claims
If you have given your consent, your data will be processed within the limits and for the purpose indicated in your consent (basis of Article 6(1)(a)). Data will be processed until you withdraw your consent.
What data are subject to processing?
In order to conclude a contract, we require you to provide data on the contract form (if you do not provide it, we will not conclude the contract). In addition, we may ask for optional data that does not affect the conclusion of the contract (if we do not receive them, we will not be able to, for example, call a contact number).
During the course of the contract, providing services, we come into possession of your other data. The appearance of your personal data with us is a consequence of the operation of our services that you use.
To whom will your data be shared?
Public authorities, to the extent that they do not receive the data in the context of a specific proceeding under the law
Entities that process your personal data on behalf of the Company on the basis of a contract concluded with the Company for the entrustment of personal data processing (so-called processors). These will include, but are not limited to: banking and payment service providers, hosting companies.
Third-party data controllers (the so-called Parallel Administrator to whom the data is shared, such as courier or postal service providers, debt buyers – in case you fail to pay our invoices on time),
Is the Data profiled?
We would like to inform you that your data will not be subject to profiling, i.e. automated analysis of your data and development of predictions about your preferences or future behavior (profiling means, e.g. in the case of marketing profiling, determining which offer you may be most interested in based on your previous choices).
What rights do you have?
The right to access the personal data we process
(Article 15 of the Regulation),
The right to rectify the personal data entrusted to us, including the correction of such data
(Article 16 of the Ordinance),
The right to delete personal data from our systems, the so-called “right
to be forgotten” – if, in your opinion, there are no grounds for us to process your data, you may request that we delete it (Article 17 of the Ordinance),
The right to restrict the processing of personal data – You may request that we restrict the processing of your personal data only to storing it or carrying out activities agreed with you, if we have inaccurate data about you or are processing it unduly; or you do not want us to delete it because you need it to establish, assert or defend a claim; or for the duration of your objection to the processing (Article 18 of the Ordinance),
Right to data portability – You have the right to receive from us in a structured, commonly used machine-readable format (e.g., “.csv” format) personal data relating to you that we hold under a contract or consent you have given. You will be entitled to this right if we hold the data in electronic format – if you hold the data only in paper form, you will not be able to exercise this right. You may instruct us to send the data directly to another entity (Article 20 of the Regulation),
The right to withdraw consent to the processing of personal data – at any time you have the right to withdraw consent to the processing of personal data that we process on the basis of consent – Article 7(3) of the Ordinance. Withdrawal of consent will not affect the lawfulness of processing that was carried out on the basis of consent before its withdrawal. Withdrawal of consent occurs by sending an email to: contact@qodesz.com
Right to object – you may object to the processing of your data if the basis for the use of your data is our legitimate interest – Article 21 of the Regulation. In such a situation, after considering your request, we will no longer be able to process the personal data subject to the objection on this basis, unless we demonstrate the existence of a legitimate basis for processing that is deemed to override your interests, rights and freedoms
If, in your opinion, the processing of your personal data violates the provisions of the Regulation, you have the right to lodge a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection
Contact
If you need additional information related to the protection of personal data or wish to exercise your rights, please contact us by email at: contact@qodesz.com
