These Regulations lay down the general terms and conditions, principles and forms of sale by K.T. Skalscy “Karin” Sp.J conducting a business activity under the K.T. Skalscy “Karin” Sp.J company with its registered seat in Jabłonna, via online shop www.karinmarkers.com (hereinafter referred to as the: “Online shop”) and specify the terms and conditions for providing by K.T. Skalscy “Karin” Sp.J conducting a business activity under the K.T. Skalscy “Karin” Sp.J company with its registered seat in Jabłonna of free services provided electronically.
§ 1 Definitions
Working days – mean weekdays from Monday to Friday, excluding all public holidays.
Delivery – means an activity consisting in delivering to the Customer by the Seller and through the Supplier, of the Good specified in the order.
Supplier – means an entity, with which the Seller cooperates to perform Deliveries of Goods:
a) DPD courier company with its registered seat in Warsaw
b) UPS courier company with its registered seat in Warsaw
Password – means a string of alphabetic or numeric characters or any other characters selected by the Customer during Registration in the Online Shop, used to secure access to the Customer Account in the Online Shop.
Customer – means an entity that can be provided with online services or with which the Sales Agreement can be concluded pursuant to these Regulations and legislation.
Consumer – means a natural person performing a legal act not related directly with its economic or professional activity with an entrepreneur.
Customer Account – means a panel, individual for each Customer, launched by the Seller upon Registration and entering into the agreement for Customer Account Management by the Customer.
Login – means an individual designation of a Customer, which is specified by it and composed of a string of alphabetic or numeric characters or any other characters, required with Password to create a Customer Account in the Online Shop.
Entrepreneur – means a natural person, legal person or organisational unit without legal personality, having the legal capacity under the act, conducting a business or professional activity on its own behalf and performing legal act related directly with its business or professional activity.
Regulations – mean these Regulations.
Registration – means an activity performed in a way specified in the Regulations, required to enable the Customer using all functionalities of the Online Shop.
Seller - means K.T. Skalscy “Karin” Sp.J conducting a business activity under the K.T. Skalscy “Karin” Sp.J company with its registered seat in Jabłonna (05-110) ul. Modlińska 209, VAT ID: 5240401741, National Official Register of Business Entities No. (REGON): 006925118, entered into the National Court Register under the no.: 0000086131; e-mail: firstname.lastname@example.org, being at the same time the owner of the Online Shop.
Shop Website – means the official websites of the Seller dedicated to Online Stop in the domain: www.karinmarkers.com.
Good – means a product presented by the Seller via Stop Website that can be the subject-matter of the Sales Agreement.
Permanent Carrier – means a material or tool enabling the Customer or Seller storage of information directed directly to it, in a manner enabling access to information in future for the time period relevant to the purposes of this information and enabling recovery of stored information in an unchanged form.
Sales Agreement – means a sales agreement concluded remotely on terms and conditions specified in the Regulations between the Customer and the Seller.
§ 2 General provisions and use of Online Shop
Any and all rights to the Online Shop, including property copyrights, intellectual property rights to its name, web domain, Shop Website (excluding logotypes and photos displayed on the Shop Website for the purposes of goods presentation, covered by third parties’ copyrights) are held by the Seller and can be used only as specified and in a manner compliant with the Regulations and upon consent of the Seller expressed in writing.
The Customer has to hold an active email account to place an order in the Online Shop via Shop Webiste and to use the services provided electronically via Shop Website.
The Customer has to hold an active phone number and active email account to place an order in the Online Shop by phone.
Providing by the Customer of any content of illegal nature and use of Online Shop, Shop Website or free services provided by the Seller by the Customer in a manner contrary to law, accepted principles of morality or infringing any personal rights of third parties is prohibited.
The Seller states hereby that the public nature of Internet and using the services provided electronically can relate to a risk of acquisition and modification of Customers’ data by unauthorised persons. Therefore, the Customers should apply relevant technical safeguards to minimise these risks. The Customers should in particular use anti-virus software and programmes protecting the and Internet users identity. The Seller never asks the Customer to provide Password in any form.
§ 3 Registration
In order to create a Customer Account, the Customer is obliged to register free of charge.
Registration is not necessary to place an order in the Online Shop.
In order to register, the Customer should complete the registration form published by the Seller on the Shop Website and sent the completed registration form electronically to the Seller by selecting a relevant function enabled in the registration form. During Registration, the Customer creates its individual Password.
When completing the registration form, the Customer can read the Regulations and accept its content by ticking the relevant field in the form.
During Registration, the Customer can voluntarily agree for processing of its personal data for marketing purposes by ticking a relevant field in the registration form. In such case, the Seller clearly and unambiguously informs on the purpose of collecting the Customer’s data as well as on any known to it or potential receivers of these data.
Expressing of consent for personal data processing for marketing purposes by the Customer is not a condition for entering into the agreement with the Seller on providing the service of Customer Account Management electronically. This consent can be withdrawn at any time by sending an applicable statement of Customer to the Seller. This statement can be, for example, sent at the email address of the Seller via electronic mail.
Upon sending the completed registration form, the Customer receives immediately, electronically at the email address provided in the registration form, confirmation of Registration from the Seller. This is equivalent to entering into the agreement on providing the service of Customer Account Management electronically and the Customer has access to the Customer Account and can change data provided during Registration.
§ 4 Orders
Information published on the Shop Website constitute no offer of the Seller in the meaning of the Civil Code and are only an invitation for the Customers to make offers of entering into the Sales Agreement.
The Customer can place the orders in the Online Shop via Store Website 7 days a week, 24 hours a day..
The Customer can place the orders in the Online Shop by phone in business hours and days specified on the Shop Website.
The Customer placing the order via Shop Website completes its order by selecting the Good of its interest. Adding the Good to the order is made by selecting the „ADD TO BASKET” command under a given Good presented on the Shop Website. After completing the entire order and indication of the Delivery method and form of payment in the „BASKET”, the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Shop Website. Each time before sending the order to the Seller, the Customer is informed on the total price for the selected Good and Delivery and on any other additional costs it is obliged to pay under the Sales Agreement.
The Customer placing the order by phone uses the phone number provided by the Seller on the Shop Website. During the phone call, the Customer specifies the name of Good to the Seller from among the Goods displayed on the Shop Website, the number of Goods it wishes to order and specifies the method and address of Delivery and form of payment and provides, at its own discretion, its email or correspondence address to confirm the content of the proposed agreement by the Seller and confirmation of the order – in the case the Sales Agreement is concluded between the Customer and the Seller. Each time during phone call, the Seller notifies the Customer of the total price of the selected Goods and total cost of the selected method of Delivery and of any and all additional costs that the Customer would be obliged to pay in the case of entering into the Sales Agreement.
Upon entering into the Sales Agreement by phone, the Seller shall deliver, on Permanent Carrier, at the email or correspondence address provided by the Customer, a message containing confirmation of terms and conditions of the Sales Agreement. This confirmation includes in particular: specification of the Good being the subject-matter of the Sales Agreement, its price, cost of Delivery and information on any and all other costs that the Customer is obliged to pay with regard to the Sales Agreement.
Placing the order constitutes an offer of entering into the Sales Agreement made by the Customer to the Seller and concerning the Goods being the subject-matter of the order.
Upon placing the order, the Seller sends confirmation of placement thereof at the email address provided by the Customer.
Then, upon confirmation of placing the order, the Seller sends, at the email address provided by the Customer, information on accepting the order for execution. Information on placing the order for execution constitutes the statement of the Seller on accepting the offer, referred to in §4(7) above, while the moment of its reception by the Customer is the moment of entering into the Sales Agreement.
Upon entering into the Sales Agreement, the Seller confirms its terms and conditions to the Customer, sending them on Permanent Carrier at the email address of the Customer or in writing at the address specified by the Customer during Registration or placing the order.
§ 5 Payments
Prices on the Shop Website displayed at a given Good are gross prices and contain no information on the costs of Delivery and any and all other costs that the Customer will be obliged to pay with regard to the Sales Agreement, on which the Customer is to be informed when selecting the method of Delivery and when placing the order.
The Customer can choose the following forms of payment for the selected Goods:
a) bank transfer on the bank account of the Seller (in this case, execution of the order will commence upon sending to the Customer of confirmation of acceptance of the order by the Seller and crediting the bank account of the Seller));
b) bank transfer via the PayU internal payment system managed by the PayU S.A. company with its registered seat in Poznan (in this case, execution of the order will commence upon sending to the Customer of confirmation of acceptance of the order by the Seller and receiving by the Seller of information from the PayU system on making the payment by the Customer);
c) cash on delivery, payment to the Supplier at the time of Delivery (in this case, execution of the order will commence upon sending to the Customer of confirmation of acceptance of the order by the Seller);
This option is available only to domestic Customers (Poland)
d) bank transfer via an external payment system - PayPal Polska Sp Z O O with its registered seat in Warsaw (in this case, execution of the order will commence upon sending to the Customer of confirmation of acceptance of the order by the Seller and receiving by the Seller of information from the PayPal system on making the payment by the Customer);
bank transfer via an external payment system - Klarna Bank AB with its registered seat in Stockholm (in this case, execution of the order will commence upon sending to the Customer of confirmation of acceptance of the order by the Seller and receiving by the Seller of information from the Klarna system on making the payment by the Customer);
The Customer is informed each time by the Seller on the Shop Website on the due date of payment for the order in the amount provided for in the concluded Sales Agreement.
Shall the Customer fail to pay by the due date, referred to §5(3) of the Regulations, the Seller sets an additional payment date and notifies the Customer of this date on the Permanent Carrier. Information on additional payment date contains also information that upon ineffective expiry of this date, the Seller shall withdraw from the Sales Agreement. In the case of ineffective expiry of the second payment date, the Seller shall send the statement of withdrawal from the agreement under Article 491 of the Civil Code to the Customer on Permanent Carrier.
§ 6 Delivery
The Seller provides the Deliveries globally, in accordance with the list of countries published on the official website of the shop in the “Methods of delivery” tab.
The Seller is obliged to deliver the Good being the subject-matter of the Sales Agreement without defects.
The Seller publishes information on the number of Working Days necessary for Delivery and execution of the order on the Shop Website in the „Methods of delivery” tab.
The Delivery Date and date of execution of the order specified on the Shop Website is counted in the Working Days.
The Delivery date and date of execution of the order specified on the Shop Website is counted in the Working Days from the day of entering into the Sales Agreement in the case of selecting by the Customer of “on delivery” payment option, while in the remaining cases, the delivery date is counted in the Working Days from the day of crediting the Seller’s account.
The ordered Goods are delivered to the Customer through the Supplier at the address specified at the order form.
At the day of shipping the Goods to the Customer, the Customer receives information on its email address with confirmation of sending the consignment by the Seller.
The Customer is obliged to examine the delivered consignment at the time and in a way applied to specific consignments. In the case of any defect or damage to the Consignment, the Customer has the right to demand writing an applicable protocol from the Supplier’s employee.
The option of personal receipt of the ordered Good in the Seller’s office is not available to Customers.
The Seller accompanies the consignment being the object of Delivery with a VAT invoice for the delivered Goods.
In the case of Customer’s absence at the address, specified as the address of Delivery when placing the order, the Supplier’s employee shall leave an advice note or attempt to contact the Customer by phone to set the date in which the Customer will be present. Shall the ordered Good be returned to the Online Shop by the Supplier, the Seller contacts the Customer by email or phone and sets another date and cost of Delivery with the Customer.
Upon delivering of the purchased Good, the Seller under the agreement made with the Customer can send an invitation to complete a survey at the Customer’s email address in order to examine its opinion on the completed transaction. The Customer is entitled, however not obliged to complete such survey.
Costs of delivery to the Customer are published by the Seller on the Shop Website in the „Methods of delivery” tab.
§ 7 Warranty
The Seller warrants that the Delivery of Goods will be free from any physical and legal defects. The Seller is liable towards the Customer for any physical or legal defect (warranty).
When the Good is defective, the Customer may:
a) submit a statement on lowering the price or withdrawal from the Sales Agreement, unless the Seller, immediately and without undue inconveniences to the Customer, replaces the defective Good with a defect-free one or removes the defect.
This limitation shall not apply, if the Good was already replaced or repaired by the Seller or when the Seller failed to satisfy the obligation of replacement the Good with a defect-free Good or of removal of defects. Instead of removal of defect offered by the Seller, the Customer may require replacement of Good with a defect-free one or elimination of failure, unless ensuring compliance with the Agreement in a manner selected by the Customer is impossible or would require excessive costs comparing to the method offered by the Seller. When assessing the excessiveness of costs, the value of defect-free Good, type and weight of the identified defect and inconveniences suffered by the Customer in the case of the other type of satisfying its demands, are considered.
b) request replacement of Good with a defect-free one or elimination of defect. The Seller is obliged to replace the Good with a defect-free one or eliminate the defect in sound time period without excessive inconveniences to the Customer.
The Seller may refuse to satisfy the Customer’s request, when ensuring compliance of sales of defective Good with the Agreement in a manner selected by the Customer is impossible or, comparing with the alternative method of ensuring compliance with the Sales Agreement, would require excessive costs. Costs of repair or replacement rest upon the Seller.
The Customer enforcing its warranty rights, is obliged to deliver the defective item at the Seller’s address. When the Customer is the Consumer, the costs of delivery are covered by the Seller, however the Consumer is obliged to agree the type of transport with the Seller before returning the item..
(e-mail : email@example.com or phone: +48 227825474)
The Seller is liable under the warranty when a physical defect is identified before the expiry of one year from the date of handing the Good over to Customer.
The Seller does not involve itself in out-of-court settlement of disputes, referred to in the Act of 23 September 2016 on the out-of-court settlement of consumer disputes.
§ 8 Complaints
Any and all complaints related to the Good or performance of Sales Agreement should be filed by the Customer at the address of the Seller.
The Seller, within 14 days from the date of request containing a complaint, provides its opinion on the complaint related to the Good or performance of the Sales Agreement filed by the Customer.
The Customer may complain to the Seller with respect to the use of free services provided electronically by the Seller. The complaint can be filed electronically and sent at the address: firstname.lastname@example.org. The complaint should include a description of issue provided by the Customer. The Seller immediately, however in any case not later than within 14 days, examines the complaints and sends its opinion to the Customer.
§ 9 Guarantee
The Goods sold by the Seller can be covered with a guarantee granted by the Good manufacturer or distributor.
For the Goods covered with guarantee, information on the existence and content of guarantee is each time published on the Shop Website.
§ 10 Withdrawal from the Sales Agreement
1. Pursuant to the content of the Act on the consumer’s rights of 30 May 2013 (Journal of Laws of 2014, item 827), the Buyer being the consumer may within 14 days withdraw from the agreement without giving a reason and bearing no costs, excluding the costs referred to in Article 33, Article 34(2) and Article 35 of this Act.
2. The right of withdrawal, referred to in paragraph 1, is valid for 14 days from the day of accepting the Product by the consumer or a third person designated by it other than the carrier. The withdrawal period shall be deemed adhered to, when the statement is sent before the expiry thereof.
3. The Buyer can withdraw from the agreement by submitting the statement of withdrawal. The statement can be submitted as a form, template of which constitutes Appendix 1 to the Regulations.
4. The right of withdrawal, referred to in paragraph 1, is not applicable when the Product was opened, used or is anyhow damaged or destroyed.
5. The returned Product should be packed in a way preventing its damage.
6. Cost of delivery of the statement of the Buyer and of the Product rests upon the Buyer.
7. The Seller, immediately upon receiving the consignment, verifies the admissibility of withdrawal from the sales agreement.
8. In the case of admissibility of the right of withdrawal, the Seller, within 14 days, reimburses the payment to the Buyer on the bank account of the Buyer or by postal transfer. In the case of payment with a debit card, the funds are reimbursed directly on the Buyer’s card.
9. Template form of withdrawal from the agreement
Addressee: K.T.Skalscy KARIN s.j., ul. Modlińska 209, 05-110 Jabłonna (email@example.com., 227824715)
I/we (*) inform hereby (*) on my/our (*) withdrawal from the sales agreement concerning the following items:
No. Name Quantity Purchase price
Date of entering into agreement (*)/acceptance (*):
Full name of the consumer(s):
Signature of the consumer(s):
Date:(*) – delete as appropriate
§ 11 Free services
The Seller provides electronically the following free services for the Customers:
a) Contact form;
c) Recommend to friends;
d) Managing the Customer’s Account;
e) Post your opinion.
The services specified in §11(1) above are provided 7 days a week, 24 hours a day.
The Seller reserves its right to select and modify the type, form, time and method of providing access to the selected services referred to above, of which it shall notify the Customers in a manner applicable to amendment of the Regulations.
The Contact form service consists in sending a message to the Seller with the use of a form published on the Shop Website.
Withdrawal from the Contact form free service is available at any time and consists in discontinuation of sending inquiries to the Seller.
The Newsletter service is available to any Customer that enters its email address via the registration form made available by the Seller on the Shop Website. Upon sending of the completed registration form, the Customer receives immediately, electronically at the email address provided in the registration form, an activation link in order to confirm the Newsletter subscription. At the moment of activation of link by the Customer, the agreement on providing the Newsletter service electronically is concluded.
At the Registration stage, the Customer can additionally check the relevant field in the registration for subscribing to the Newsletter service.
The Newsletter service consists in sending by the Seller, at the email address, of electronic message containing information on the new products or services offered by the Seller. Newsletter is sent by the Seller to all Clients that subscribed.
Each Newsletter sent to specific Customers contains, in particular: information on the sender, completed „subject” field specifying the content of message and information on possibility and form of resignation from free Newsletter service.
The Customer has the right to withdraw from Newsletter at any time by resigning from subscription via link published in each email send within the Newsletter service or by means of disabling the respective field in the Customer Account.
The free Recommend to friends service consists in providing the opportunity by the Seller to the Customers to send an email concerning the selected Good. Before sending the email, the Customer specifies the Good to be recommended and using the “Recommend to friends” function completes the form entering its email address and email address of the person to whom this Good will be recommended. The Customer cannot use this function for any other purpose than recommending of the selected Good. The Customer receives no remuneration or other benefits for using this service.
Withdrawal from the free Recommend to friends service is enabled at any time and consists in discontinuation of recommendations of the selected products to the Customer’s friends.
The Customer Account Management service is enabled after Registration on terms and conditions specified in the Regulations and consists in providing the Customer with access to a dedicated panel on the Shop Website, on which the Customer can modify data provided during the Registration and track the status of the orders and history of the completed orders.
The registered Customer can request the Seller to delete the Customer Account, provided that in the case of requesting the deletion of the Customer Account by the Seller, it can be deleted within up to 14 days from sending such request.
The Post your opinion service consists in enabling by the Seller to the Customers having the Customer Account publishing the individual and subjective posts concerning in particular the Goods on the Shop Website.
Withdrawal from the Post your opinion service is enabled at any time and consists in discontinuation of posting the content by the Customer on the Shop Website.
The Seller is entitled to block access to the Customer Account and free services, when the Customer acts to the detriment of the Seller or other Customers, infringing of legislation or provisions of the Regulation by the Customer as well as when blocking access to the Customer Account and free services results from security reasons – including in particular: breaking the safeguards of the Shop Website by the Customer or hacking activities. Blocking access to the Customer Account and free services from the a/m reasons lasts for the period necessary to solve the issue underlying the blockade of the Customer Account and free services. The Seller notifies the Customer on blocking access to the Customer Account and free services electronically at the address provided by the Customer in the registration form.
§ 12 Customer’s liability for posted contents
By posting the contents and making them available, the Customer disseminates the content on voluntary basis. Posted contents do not reflect the opinions of the Seller and should not be identified with its activity. The Seller is no provider of contents. It is an entity that provides access to relevant teleinformatic resources.
The Customer states that:
a) it is entitled to benefit from property copyrights, industrial property rights and/or related rights by – respectively – works, subjects of related rights that form the contents;
b) posting and making available, under the services referred to in §11 of the Regulations, of personal data, image and information on third parties, was performed in legal and voluntary manner and upon consent of the persons concerned;
c) expresses its consent for insight into published contents by the other Customers and Sellers and entitles the Seller to their use free of charge, pursuant to the provisions of these Regulations;
d) expresses its consent for compilations of works in the meaning of the Act on copyright and related rights.
The Customer is not entitled to:
a) post, under the services referred to in §11 of the Regulations, the personal data of any third persons and disseminate the image of any third persons without the authorisation or consent of such third person required by law;
b) post, under the services referred to in §11 of the Regulations, the contents of commercial and/or promotional nature.
The Seller shall be liable for the contents posted by the Customer subject to receiving a notification pursuant to §13 of the Regulations.
Posting by the Customers, under the services referred to in §11 of the Regulations, of contents that could in particular:
a) be posted in bad faith, e.g. with the intent of infringing the personal rights of any third parties;
b) infringe any rights of third parties, including the rights related to protection of copyrights and related rights, protection of industrial property rights, company’s secret or related to confidentiality obligations;
c) be offensive or pose a threat against any other persons, contain the language infringing the accepted principles of morality (e.g. by the use of vulgar language or expressions considered commonly as offensive);
d) be in contrary to the interest of the Seller;
e) infringe the provisions of the Regulations, accepted principles of morality, provisions of law, social or moral norms in any other manner,
In the case of receiving a notification pursuant to §13 of the Regulations, the Seller reserves its right to modify or delete the contents posted by the Customers when using the services, referred to in §11 of the Regulations, including in particular with regard to contents, for which it was stated on the basis of reports and alerts of third persons or competent authorities that these can infringe the Regulations or legislation in force. The Seller shall not control the posted contents on the on-going basis.
The Customer agrees to use the posted contents by the Seller free of charge on the Shop Website.
§ 13 Reporting a potential or factual infringement of law
When the Customer or any other person states that the content published on the Shop Website infringes their rights, personal rights, accepted principles of morality, feelings, morality, beliefs, fair competition principles, know-how, secret protected by law or obligation, it can notify the Seller on the potential infringement.
The Seller notified of the potential infringement, takes immediate activities aiming at removal of the content underlying the infringement from the Shop Website.
§ 14 Personal data protection
§ 15 Termination of the Agreement (excluding the Sales Agreements)
Both the Customer and the Seller can terminate the agreement on providing the services electronically at any time and without giving a reason, subject to preservation of acquired rights by the other party prior to termination of the agreement and the provisions laid down below.
The registered Customer terminates the agreement on providing the services electronically by sending an applicable statement of will to the Seller by any remote communication mean that enables reading the statement of will of the Customer by the Seller.
The Seller terminates the agreement on providing the services electronically by sending an applicable statement of will to the Customer at the email address provided by the Customer during Registration.
§ 16 Final provisions
The Seller is liable for non-performance or undue performance of the agreement, however in the case of agreements made with the Customers being the Entrepreneurs, the Seller is liable only in the case of wilful damage and for actual losses suffered by the Customer being the Entrepreneur.
The content of these Regulations can be printed, recorded on the carrier or downloaded at any time from the Shop Website.
In the case of any dispute related to the concluded Sales Agreement, the parties will make all efforts to settle the case amicably. The law governing the settlement of all disputes under these Regulations is the law of Poland.
The Seller informs the Customer being the Consumer on the opportunity to apply the out-of-court examination of complaints and claiming for damage. The principles of access to these procedures are available in the seats or on the official websites of the entities authorised to out-of-court settlements of disputes. These may include in particular the consumer ombudsmen or the Voivodeship Inspectorates of Trade Inspection, list of which is available on the official website of the Office of Competition and Consumer Protection.
The Seller informs that the address http://ec.europa.eu/consumers/odr/ enables access to the platform of on-line settlement of disputes between the consumers and entrepreneurs at the EU level (ODR platform).
The Seller reserves its right to amend these Regulations. Any and all orders accepted by the Seller for execution prior to the date of entrance of the new Regulations into force are executed on the bases of the Regulations valid as of the day of placing the order by the Customer. Any amendments to the Regulations enter into force in 7 days from the day of publication on the Shop Website. The Seller shall notify the Customer in 7 day prior to entrance of the new Regulations into force on amendment thereof by email message containing a link to the text of the amended Regulations. Shall the Customer do not accept the new contents of the Regulations, it is obliged to notify the Seller of this fact, and such notification results in termination of the agreement pursuant to §15 of the Regulations.
The Regulations enter into force on 16 July 2018.