Regulations of the www.crazypocket.pl internet store

         of  07 June 2018                

 

 

§ 1

General provisions

 

1. The owner and at the same time the person running the Crazy Pocket online store, operating at the www.crazypocket.pl online address, is Katarzyna Kobylarz conducting business activity under the name of Katarzyna Kobylarz Crazy Pocket having its registered seat at ul. Kuźnicy Kołłątajowskiej no 16, premises 107, 31-234 Kraków, Poland, e-mail address: info@crazypocket.pl, entered into the Central Register and Information on Economic Activity (CEiDG), NIP /Tax Identification Number/ 8661588164, REGON /Business Identification Number/ 368452620, hereinafter referred to as the “Seller”.

2. These Regulations set forth the terms and conditions for concluding contracts for the sale of goods in the online store maintained in the domain www.crazypocket.pl and the procedure for lodging complaints with regard to the goods purchased therein.

3. The legal basis for these Regulations constitute in particular:

a. Act of 18 July 2002 on the provision of electronic services (The Official Journal of Laws of 2002 No 101, item 926),

b. Act of 30 May 2014 on consumer rights (The Official Journal of Laws of 2014, item 827),

c. the Polish Civil Code of 23 April 1964 (uniform text of 17 December 2013, The Official Journal of Laws of 2014, item 121).

4. The meaning assigned to the terms used in these Regulations is as follows:

a. Store - internet service available at www.crazypocket.pl and within which there are concluded distance purchase contracts;

b. Seller - Katarzyna Kobylarz Crazy Pocket having its registered seat at ul. Kuźnicy Kołłątajowskiej no 16, premises 107, 31-234 Kraków, Poland, e-mail address (e-mail: info@crazypocket.pl, entered into the Central Register and Information on Economic Activity (CEiDG), NIP 8661588164, REGON 368452620

c. Customer - a natural person (including a Consumer), legal entity, or organizational unit having legal capacity who makes purchases in the Store.

d. Consumer - a customer being a natural person who has concluded a contract at a distance or outside of the business premises for purposes not directly related to their professional or business activity;

e. Product/Goods - movable items which may be purchased by the Customer in the Store;

f. Order - a procedure leading to the conclusion of a sales contract without the simultaneous presence of the parties by means of an electronic form, preceded by a choice of parameters of the Goods, form of payment, and delivery.

g. Registration – creating an individual Customer Account in the Store,

h. Customer Account - database containing Customer data in relation to the order placed in the Store, including the history of orders, Customer’s preferences with regard to selected functionalities of the Store, information on payments for orders. Creating a Customer account is not a prerequisite for making purchases in the Store.

i. Price - unit price of the Goods included in the description of the Goods, expressed in Polish zlotys or Euros and inclusive of VAT tax on goods, with the exclusion of delivery costs;

j. Delivery costs - costs of delivery of the Goods to be covered by the Customer. The Seller covers the costs of delivery of orders exceeding the amount of PLN 300;

k. Payment - payment for the Goods purchased by the Customer in the Store, including the Price, delivery costs, and any customs fees, in the manner chosen by the Customer when placing the Order;

l. Regulations - this document specifying the terms and conditions for the sale of goods and provision of services by the Seller.

5. The following appendices related to the contracts concluded by the Seller with the Customer being the Consumer form an integral part of the Regulations:

       a) the model Consumer's statement on withdrawal from the contract;

       b) the Consumer's complaint form.

6. Information about the Goods in the Store, including descriptions and prices, constitute an invitation to conclude a Contract, within the meaning of Art. 71 of the Polish Civil Code, in accordance with the rules stipulated in the Regulations.

7. The use of the Store is feasible if the Customer's IT system meets the following minimum technical requirements:

a) use of the Internet Explorer 8.0, Mozilla Firefox 12.0, or Safari 8.0 search engines.

b) software enabling viewing documents and photographs.

c) having a valid, active, and properly configured e-mail account.

8. Presentation of the Goods and information about them posted on the Store's website do not indicate the current availability of the Goods in the Seller's warehouse.

9. Customers place orders using the website www.crazypocket.pl. Orders may be placed 24 hours a day, 7 days a week. The Seller reserves the right to temporarily block access to the Store, in particular for technical or other reasons, including those independent of the Seller.

10. The appearance of the offered products may differ from that presented in the pictures placed in the Store, which form the basis of the Customer's order.

11. The Customer undertakes to provide true and correct data when creating the Customer Account. In the event of providing false data, the Customer is liable for damage resulting thereof suffered by the Seller.

12. The Customer is obliged to refrain from any activity which could exert a negative impact on the proper functioning of the Store, in particular from any interference in the content of the Store or its technical elements.

13. Before creating a Customer Account and placing an Order, the Customer is obliged to read the Regulations and the Privacy Policy and accept these.

14. The use by the User of the Seller's name, graphic elements of the Store as well as the layout and composition of the Store, the so-called layout, is forbidden except as expressly provided in the Regulations or where the use of the indicated items subject to copyright and industrial property is possible on the basis of express written consent of the Seller or authorized third parties.

15. The Customer may contact the Seller:

a) in writing - to the mailing address: ul. Kuźnicy Kołłątajowskiej no 16, premises 107, 31-234 Kraków

b) by phone - at (+48) 512 121 365

c) by e-mail: info@crazypocket.pl

 

§ 2

Placing Orders

 

1. In order to make a purchase, the Customer must perform the following actions on the Store's website:

a) when clicking the product or the product description, the Customer goes to the page setting out details with regard to the type, size, or intended use of the product. The product is placed in the "Shopping Cart" by entering the desired quantity thereof and clicking the "Shopping Cart" symbol.

b) sets up a Customer Account, providing for this purpose real data within the scope indicated in the registration form. The previously registered Customers may enter their e-mail address and password, thus using the information already saved. A purchase may be made also without setting up a Customer Account.

c) by clicking the "Your Shopping Cart" button, displayed in the upper right corner of the Store site, the Customer goes to the page where he or she may check products in the "Shopping Cart" at any time and make changes if necessary.

d) the Customer provides the delivery address to which the order is to be delivered as well as details necessary for the purposes of issuing a VAT invoice. Providing these data is voluntary though necessary for carrying out the Order.

e) chooses a delivery from among the options available on the website.

f) accept the terms and conditions of the Store, consents to the processing of personal data necessary to carry out the order, and chooses the payment method

g) makes the payment of the amount constituting the sum of the total price of the ordered goods (the price of the goods inclusive of the statutory VAT) and delivery costs.

h) the Customer receives an automatic confirmation to the e-mail address provided (the so-called order confirmation), which confirms the receipt of the order by the Store. Upon receipt of the above e-mail by the Customer, a purchase contract is concluded between the Customer and the Seller.

2. The User shall not disclose to third parties his or her login and password, used for logging in to the Store.

3. Registration in the Store, as well as the use of its functionalities are free of charge.

4. The Store may change the assortment of Goods in the store, prices and delivery costs thereof. This shall not constitute any change the contract concluded prior to the said changes.

5. Only true and factual statements which do not contain defamatory content may be used in the ordering process. Any use of the ordering process that is contrary to its intended purpose is strictly prohibited.

 

§ 3

The Price and Delivery Costs

 

1. All prices on the www.crazypocket.pl website are inclusive of VAT and are displayed in Polish zlotys (PLN) or in Euro (EUR). The prices placed next to the given goods are exclusive of delivery costs.

2. Information on the current amount of delivery costs is available in the Store on individual Goods pages. The delivery cost is also shown in the dialog box displayed following adding the Goods to the basket as well as in the order summary.

3. The binding and final price is the price of the goods displayed on the www.crazypocket.pl website at the time of placing the order by the Customer, additionally confirmed in the Basket and in the e-mail confirming the placement of the order. Information on the total amount to be paid (with the possible Cost of delivery) is shown once the Customer has selected the form of delivery of the order and payment method.

4. The Seller reserves the right to modify the prices of goods, carry out promotional campaigns or sales at any time and without prior notice. Promotions organized by the Seller do not combine, unless the rules of a given promotion state otherwise.

5. Payment methods available in the Store are:

a) bank transfer (traditional) to the Seller's bank account - The order is processed once the Seller has received the confirmation of crediting the amount (including delivery costs) to his bank account.

b) on-line payment:

       Transfers through the use of the Przelewy24 platform

       Bank transfer through the PayU/PayPal external payment system - the order is processed only upon receiving information from the PayU/PayPal system that the has been made. The Seller will confirm acceptance of the order and start of carrying out thereof by e-mail to the Customer.

  c) payment against delivery

6. On-line service and settlement of payments is provided by Przelewy24 (online payment operator) a part of DialCom24 Sp. z o.o. with its registered seat in Poznań (Kancelarska 15, 60-327 Poznań), KRS No 0000296790, whose registration file is kept by the District Court for Poznań in Poznań, 8th Commercial Division, NIP 7811733852, NIP EU PL7811733852, REGON 634509164. Detailed list of currently available through the operator of on-line forms of payment has been made available on the website of the operator http://www.przelewy24.pl/cms.66,przelewy_karty_przekazy.htm.

7. The Seller reserves the right to temporarily deactivate individual forms of payment, in particular due to technical limitations or reasons attributable to the payment operator.

8. The Customer who has chosen the payment method indicated in item (5)(a) (traditional bank transfer) should provide the number of the placed order in the transfer title.

9. In the event that the payment by bank transfer does not take place up to 7 days from the date of the order (evidenced by the date crediting the company's account), the order will be automatically cancelled. The above is tantamount to terminating the contract.

10. There is no possibility of partial payment in cash on delivery, and the remainder of the amount paid in arrears by bank transfer.

11. Details for bank transfer

Bank account number: 52 1140 2004 0000 3102 7713 5556 mBank

Title of the transfer: Name and surname

Amount of the transfer: the final total in the invoice

12. At the Customer's request, the Seller issues a VAT invoice. The invoice will be issued no later than 14 days from the date of dispatch of the goods.

§ 4

Delivery

 

1. Ordered goods are delivered to the address indicated in the order.

2. The goods are delivered within the territory of the Republic of Poland and in Europe.

3. The duration of the order by the Seller is up to 3 business days from the moment it is handed over for execution. In special cases, this period may be extended, about which the Customer will be informed by the Seller.

4. Delivery to the customer is payable, unless the purchase contract provides otherwise. The delivery costs are calculated according to the valid price lists of courier companies and Poczta Polska.

5. The Seller provides the Customer with the following delivery methods:

a) Postal package

b) Postal package (download)

c) Courier shipment

d) Courier shipment (download)

6. When collecting the order, please check carefully that the product does not have any mechanical damage during transport. When picking up the package, before signing the consignment note, please open the package and then check very carefully if the ordered product is not damaged. In the case of mechanical damage found in transport, the package should be refused and the damage report should be recorded with the courier. Please inform the Seller about the problem.

7. In order to provide a smooth delivery of the order, the Seller shall provide the appropriate delivery company with the email address and telephone number of the customer. Forwarding of the e-mail address and telephone number is an obligatory element of the purchase contract concluded in the Store.

 

§ 5 

The right to withdraw from the contract

1. Where the Customer concludes a purchase contract as a Consumer, he/she is entitled to withdraw from such concluded Contract (without stating a reason thereof) – providing that the Goods have not been used - within 14 days from the date of receipt of such Goods.

2. The declaration on withdrawal from the Contract must be clearly expressed. The User may use the attached model statement on withdrawal from the Contract (Appendix 1 to these Regulations), however, it is not mandatory.

3. In order to satisfy the time limit for withdrawing from the contract, it is sufficient for the Customer to send information with regard to their exercising the right to withdraw from the contract before expiry of the time limit for withdrawing from the contract.

4. In the event of withdrawal from the Contract, the Seller will reimburse the Customer for all costs incurred, without delay, within 14 days from the date of receipt of the information about the withdrawal from the contract. The refund is made in the same manner as the payment first received by the Seller. In no event is the Customer charged with the costs of such return. The Seller reserves the right to withhold the return until receipt of the goods.

5. The return should be made within 14 days from the date of informing the Seller about the withdrawal from the contract. The return is only effective if the 14-day period has been satisfied. The Seller does not bear the costs of returning the goods.

6. The Customer is liable for the decrease in the value of the item as a result of using the Goods in a manner that is in excess of what would appear necessary to establish the nature, characteristics, and functioning of the item.

§ 6

Complaint procedure

 

1. The Seller shall be liable under the statutory warranty in the event of delivery of the Goods having physical or legal defects within the scope of Art. 556 et seq. of the Polish Civil Code.

2. In order to file a complaint, it is required to fill in a complaint form, constituting Annex no 2 to these Regulations.

3. Complaints may be submitted in writing or via e-mail to the following address: info@crazypocket.pl.

4. In the event of exercising the rights under the warranty, the Customer shall deliver the defective goods to the Seller. The returned Goods should be duly protected for shipping and the proof of purchase should be attached thereto.

5. The cost of delivery shall be borne by the Customer. In the event of accepting a complaint, the Seller shall refund the additional shipping costs borne by the Customer.

6. The Seller shall examine complaints within 14 days of their receipt.

7. In the event of accepting a complaint, the Seller undertakes to bring the goods into conformity with the concluded purchase contract, by:

       free repair;

       replacement of the Goods with new ones;

       reimbursement of the cost of the Goods along with shipping costs incurred by the Customer (where the repair or replacement of the Goods for new ones is not possible).

8. Where the complaint is not accepted, the Seller shall inform the Customer and send back the Goods along with the written justification for the negative decision concerning the complaint.

9. The Seller shall not be liable for the consequences of improper use of the Goods (e.g. by their soiling or mechanical destruction) or improper cleaning (e.g. with the use of inappropriate detergents, non-compliance with the instruction provided on the product label).

10. Detailed information on the possibilities of out-of-court settlement of complaints and asserting claims as well as access rules pertaining to these procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php

http://www.uokik.gov.pl/wazne_adresy.php.

11. The Consumer shall be entitled to apply to a permanent consumer amicable court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (the Official Journal of Laws of 2014, item 148, as further amended), with a request to settle the dispute arising from the Contract concluded with the Seller.

12. The Consumer shall be entitled to request the provincial inspector of Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection (the Official Journal of Laws of 2014, item 148 as further amended), to initiate mediation proceedings with a view to the amicable settlement of the dispute between the Consumer and the Seller.

13. Pursuant to Art. 558 § 1 of the Polish Civil Code, the Seller's liability under the statutory warranty for the Goods towards the Customer who is not a consumer is excluded.

 

§ 7 

Personal data protection

 

1. The Controller of the Customer's personal data is the Seller.

2. Customers' personal data is subject to processing in order to execute the placed orders placed and to contact the Customer.

3. Providing data is voluntary, however, it is necessary in order to achieve the purpose referred to in section (2) above - placement and execution of orders. The Customer is entitled to inspect his/her data and correct it.

4. More information about the methods of protection of website users’ personal data is contained in the Privacy Policy, located at the following electronic address: www.crazypocket.pl/index.php?route=information/information&information_id=3, which complies with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC - the Regulation on data protection - hereinafter referred to as the “GDPR”. The text of the GDPR may be found using the following link: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679.

 

§ 8

Final provisions

1. These Regulations are available at the electronic address www.crazypocket.pl.

2. Should any of the provisions contained in the Regulations appear invalid or impossible to be implemented, the remainder of the provisions remains in force.

3. The Seller is entitled to modify the Regulations. Such modifications do not affect the Order placed prior to the modifications taking legal effect.

4. The Parties undertake to seek amicable settlement of all disputes arising from performance of the provisions of the Agreement and the Regulations.

5. The court competent for resolving disputes with Consumers is the court having territorial jurisdiction in accordance with the applicable provisions of the Polish Code of Civil Procedure.

6. All graphic or non-graphic marks, all pictures, images, and logotypes as well as all content on the Website are and will remain the sole property of the Seller. It is forbidden to reproduce, modify, or use in whole or in part the abovementioned trademarks, pictures, images and logos or other content placed on the indicated website, for any reason and on any medium, without the express written consent of the Seller.

7. Settlement of any disputes arising between the Seller and the Customer, who is not a Consumer, is subject to a court having jurisdiction over the seat of the Seller.

8. In matters not covered by these Regulations, the provisions of Polish law, in particular the Polish Civil Code and the Act on consumer rights, shall apply.

9.         Issues with regard to the protection of Customers’ personal data are regulated in a separate document: the “Privacy Policy”. The Privacy Policy complies with the ____ currently in force.

 

Download the attachments:

1/ Statement on withdrawal from the sale contract – CLICK HERE

2/ Complaint template – 
CLICK HERE

 

 

 

STATEMENT ON WITHDRAWAL FROM THE SALE CONTRACT I/We(*) hereby inform (*) of my/our (*)withdrawal from the sale contract of the following goods: …................................................................................................................................................... ....................................................................................................................................................... Date of concluding the contract/delivery (*): …......................................................... Order number: ….......................................... First name(s) and surname(s) of the consumer(s) (*): …................................................................................. Address of the consumer(s) (*): .......................................................................................................... …................................................................................................................................................... …........................................................ (signature of the Consumer(s))

 

 

 

Complaint Details of the Complainant: 1. First name and surname/Business name: ............................................................................................................. ….............................................................................................................................................................. 2. Address: …................................................................................................................................................ …............................................................................................................................................................... 3. Order number: ….......................................... 4. Telephone number: …...................................... 5. e-mail address: ….................................... Details of the Goods subject to Complaint: 1. Name of the Goods: ….................................................................................................................................. …................................................................................................................................................................ 2. Date of concluding the sale contract: …........................................................... 3. Invoice/Receipt number: ….................................................. 4. Description of defevt: …...................................................................................................................................... …............................................................................................................................................................... …............................................................................................................................................................... …................................................................................................................................................................ …................................................................................................................................................................ 5. Request of the Complainant: ….................................................................................................................... …................................................................................................................................................................ …................................................................................................................................................................ …............................................. (signature)