ONLINE STORE TERMS AND CONDITIONS

www.karko.uk

§ 1
 General provisions

1. The Online Store Karko.pl Online Store [hereinafter referred to as the "Store"] conducts retail sales by the Store Owner via the Internet, on the basis of these Regulations [hereinafter referred to as the "Regulations"].
2. The owner of the Store is: KARKO ROBERT KARKOWSKI, ul. Krzeszowska 62, p. IV,23-400 Biłgoraj, POLAND, NIP/Tax Identification Number/: 7262391324, tel. + 48 12 200 20 50, e-mail address: office@2karko.com.

3. The Terms and Conditions are an integral part of the sales contract concluded with the customer.
4. The condition for concluding a sales contract is the acceptance of the Terms and Conditions by the customer in the course of placing an order by ticking the appropriate box in the form.
5. The prices given in the Store are gross prices (including VAT).

The terms and conditions of service

Using the online store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

1. EDGE with ActiveX, JavaScript and cookies enabled or,
2. Mozilla Firefox version 15 or later with JavaScript and cookies enabled or,
3. Google Chrome version 12 or newer with enabled JavaScript and Cookies; or
4. Safari version 10 or later with JavaScript and cookies enabled;
5. Minimum screen resolution 1024x768 pixels,
6. Software suitable to open files sent in an e-mail attachment in the form of a
7. PDF file, e.g. Adobe AcrobatReader.

§ 2

 Definitions

1. Terms and conditions- these terms and conditions together with annexes, specifying the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the parties to the distance sales contract and the rules for the complaint procedure. Within the scope of services provided electronically, this document constitutes the terms and conditions referred to in Article 8 of the Act on the provision of services by electronic means. All annexes shall constitute an integral part of the Terms and Conditions, unless explicitly indicated otherwise.
2. Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, and which concludes a distance contract with the Seller. In the event when the Client is not a natural person, it is presumed that he is represented by a representative authorized to represent the Client in accordance with applicable law.
3. Consumer - a consumer within the meaning of Article ²²¹of the Civil Code
4. Entrepreneur with consumer rights - a natural person concluding a contract directly related to her or his business activity if the content of said contract shows that it is not of a professionally-related nature resulting, in particular, from the subject of her or his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity. The provisions of these Terms and Conditions, which apply to the Consumer, shall apply to Entrepreneurs, that is inter alia: services provided electronically, withdrawal from the contract by the Consumer, complaints and warranty - to the extent limited by Article 38a of the Consumer Rights Act and Article 385(5), Article 556(4), Article 556(5) and Article 576(5) of the Civil Code Act.

1. Online store - an online service maintained by the Seller, available at the following e-mail addresses: https://www.karko.uk/ through which the Customer can obtain information about the Product and its availability and buy Goods, or order the provision of the service.

6. Distance Sales Agreement - a contract for the sale of Goods/provision of services/provision of digital content (if applicable), concluded via the Online Store.
7. Goods/Product - a movable item that the Customer can purchase in the Online Store. All goods offered in the Online Store are brand new and free from physical and legal defects. All goods have been legally placed on the Polish market. 
8. Prices - all prices listed on the Seller's website are gross prices (i.e. they contain all components such as duties and taxes, including VAT) in EURO (EUR). The price binding for the parties is the price at which the Customer ordered the goods in the order. The prices of the goods do not include the cost of delivery, which depends on the manner of its implementation.
9. Seller - KARKO ROBERT KARKOWSKI, ul. Krzeszowska 62, p. IV, 23-400 Biłgoraj, POLAND,  NIP. /Tax Identification Number/: 7262391324, REGON /National Business Registry Number/ 060726428.
10. Content - all information, data, elements, materials, algorithms, diagrams, works, markings, logos, names, signs, symbols, descriptions and photos of Goods originating from the Seller or his partners, regardless of their nature, format and manner of recording or presentation.
11. Account - a collection of data stored in the Online Store and in the Seller's ICT system relating to a given Customer and the orders placed and contracts concluded by the Customer, through which the Customer can place orders and conclude contracts.
12. Privacy and Cookies Policy of the Online Store  https://www.karko.uk/  - a document setting out detailed terms and conditions for the processing of personal data and the use of cookies. The Privacy and Cookie Policy is available on the Seller's website and constitutes Annex 1 to these Terms and Conditions.

13. Newsletter - information, including commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services from the Seller sent to the Customer electronically, by or on behalf of the Seller.
14. Seller's Service - a service offered by the Seller or a subcontractor: (e.g.: Delivery of Goods, Insurance, Warranty, Added Services, etc.)
15. Types and scope of services provided electronically: 
16. concluding online sales contracts – in the scope of goods sold in the Online Store,
17. keeping customer accounts;
18. sending e-mails,
19. newsletter – subscribing to list of recipients is voluntary, 

§ 3

Customer account

1. The Customer gains access to the Account after registering.
2. As part of the registration, the Customer provides an e-mail address and sets a password. The customer ensures that the data provided by him in the registration form is correct and true. Registration requires reading the Terms and Conditions thoroughly and indicating on the registration form that the Customer has read the Terms and Conditions and fully accepts all the provisions.
3. When the Customer is granted access to the Account, an agreement for the provision of electronic services regarding the Account is concluded between the Seller and the Customer for an indefinite period of time. The consumer may withdraw from this contract on the terms specified in the Terms and Conditions.
4. In order to make an offer to purchase goods, the Customer should place an order. The order is placed by filling in the relevant form on the website of the Online Store and clicking the button marked: "Order and pay".
5. It is not necessary to have an Account to place an order.

§  4
Orders

1. Orders can be placed as follows:

• via the store - instructions are available in the How to buy ? tab.
• by e-mail to office@2karko.com.

• by phone on the number intended for placing orders +48 12 200 20 50

2. The condition for the execution of the order is the provision by the Customer of data allowing verification of the Customer and the recipient of the goods, i.e. the name and surname of the Customer, the postal address for shipment, the e-mail address or telephone number and the data for the invoice in a situation where the customer requests issuing such a document. The store confirms receipt of the order by e-mail or phone. 
3. After the Customer has correctly placed an order, the Seller sends information about the order to the Customer's e-mail address. This information is not a confirmation of the acceptance of the Customer's offer. It is only an indication that the Seller has received the order.
4. The Seller then verifies whether the order can be accepted for execution.
5. If the Seller accepts the Customer's order, the Seller shall send the Customer information by electronic means about approving the order for execution. Upon the receipt of such a statement by the Customer, a distance sales agreement is concluded between the parties.
6. If the Customer is a Consumer, the Seller shall, no later than by the time of delivery of the goods, confirm the conclusion and terms and conditions of the Distance Sales Agreement on a durable medium.
7. The parties are bound by the information contained on the Store's website at the time of placing the order, in particular: the price, characteristics of the product (while the colour may differ slightly due to production continuity), its characteristics, elements included in the set, date and method of delivery.
8. The information on the Store's website does not constitute an offer within the meaning of the Civil Code. When placing an order, the customer submits an offer to purchase a specific product. The conclusion of the sales contract takes place when the Seller confirms the acceptance of the Order for execution.
9. The content posted on the website of the Online Store, including descriptions of goods and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code.

§ 5
 Payments

1. Payment for the goods can be made in the manner chosen at the time of placing the order.

1. The customer has four payment methods to choose from, which are detailed in the Payment Methods tab:

• (most convenient and fastest method)
• Bank transfer (the goods are sent at the time the deposit is credited to the company account)
• Payment upon delivery (option available for DPD courier- extra charge)

• Payments   bear   an additional cost of 5% of the shopping cart value

• Deferred payments - thanks to  the service  from   you can buy any product today and pay for it later.

3. In the event of payment by payment card, the date of order completion is counted from the moment of positive authorization of the transaction.
4. In the event of payment other than on delivery, the shipping period is extended by the period between placing the order and the date of crediting the Store's bank account.

1. The delivery prices are specified in the delivery price list.

6. The condition for the release of the goods is the payment for the goods and the delivery.
7. In the event of choosing payments in the form of: electronic payments, bank transfer, card payment, the Customer is obliged to make the payment within 3 business days from the date of concluding the sales contract.
8. In the event that the payment is not made by the Customer within the period specified in section 4, the Seller may withdraw from the Sales Agreement. Withdrawal from the contract shall be in the form of a declaration of will to withdraw from the Sales Agreement submitted to the Customer, by e-mail to the e-mail address provided by the Customer. In such an event, the sales contract will be considered null and void and the order will be considered cancelled. In such circumstances, neither the Customer nor the Seller will be obliged to provide any benefits to each other, in particular to pay compensation or its surrogate, reimbursement of costs, etc.
9. If the Seller fails to perform the obligation within the time limit specified in the e-mail addressed to the Consumer or Entrepreneur on the rights of the Consumer, the Consumer or Entrepreneur on the rights of the Consumer may withdraw from the Sales Agreement concluded at a distance. Withdrawal from the Contract is made by submitting a declaration of will to withdraw from the Sales Agreement to the Seller.

§ 6
 The shipment of goods

1. The Customer will be informed about the possible methods and available delivery dates via the order form or by e-mail
2. The ordered goods are delivered in the manner indicated by the Customer at the time of placing the order. The store sends the ordered goods through courier companies such as UPS, InPost and DPD.
3. In the event that the goods are not collected by the Customer from a parcel locker or from a courier (which will result in the return of the goods to the Seller), the Seller may withdraw from the Sales Agreement. Withdrawal from the Contract is made by submitting a declaration of will to withdraw from the Sales Agreement to the Customer. In such an event, the order will be considered cancelled.
4. In the event of the situation referred to in section 3, the Seller is obliged to return to the Customer everything received from the Customer under the Sales Agreement.
5. Therefore, before accepting a package from the courier or mail man, always check whether the packaging was not damaged in transit. Pay particular attention to the condition of tapes or seals on the package. If the parcel bears signs of damage or the seals (tapes) are broken, do not accept the delivery and contact the Seller as soon as possible to clarify the matter.

§ 7
 Complaints

1. All complaints regarding the functioning of the Online Store, including matters related to services provided electronically and contracts concluded through it, can be submitted via the complaint form available on our website. Complaints may also be submitted in writing to the address of the Seller's registered office.
2. In the event of non-compliance of the goods with the contract, the Customer should send back to the address of the Seller's registered office or the address indicated in the e-mail correspondence, at the Seller's expense, the goods being claimed in the cheapest form of shipping (up to a maximum of PLN 15) together with a description of the non-compliance included in the goods return protocol. All financial issues related to returns and complaints are settled by bank transfer to the account provided in the form. We do not refund money in other forms, such as PAYU, PAYPAL, or postal order). The costs of refund to a foreign bank account are borne by the Customer.
3. Bearing in mind the return processing time, we suggest not to send returns and complaints as payment on delivery parcels.
4. At the time of submitting a warranty claim, you must provide proof of purchase of the goods in the Online Store (e.g. bank statement, card payment confirmation, receipt or invoice).
5. If the data or information provided in the complaint need to be supplemented, the Seller shall immediately notify the Customer to supplement the data or information in the indicated scope. Together with such notification, information will be sent to the Customer on how to supplement the missing information in the complaint.

1. The store responds to the Customer's complaint within 14 calendar days of receiving the complaint. Details on the procedure can be found on the Seller's website in the tab> Complaints, returns and exchanges .

7. When the implementation of a justified complaint involves sending a new product to the Customer or removing the non-compliance, the costs of delivery shall be borne by the Seller.
8. The Seller stipulates that the differences between the images of the goods, resulting from the individual settings of the computer of a given customer (colour, proportions, etc.) do not constitute the basis for a complaint regarding the goods.

§ 8
 The right of withdrawal

1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), a Customer who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract.

1. The consumer may withdraw from the sales contract without giving any reasons, by submitting an appropriate written statement within 14 (fourteen) calendar days from the date of delivery. To comply with this deadline, one should send a statement before its expiry. Details on complaints and resulting withdrawal from the contract are available on the Seller's website in the > Complaints, returns and exchanges tab.

3. The declaration to withdraw from the agreement may be sent, among others, on the withdrawal form constituting Annex No. 2 to these Terms and Conditions, by e-mail or by post. The Seller shall immediately confirm to the Customer the receipt of the declaration of will to withdraw from the Sales Agreement on a durable medium.
4. If the Consumer has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Consumer exceeding the amount of the cheapest method of delivery offered by the Seller.
5. If the Consumer does not withdraw from the sales contract, but only returns a part of the purchased goods, the delivery costs incurred by the Consumer are not refunded.
6. In the event of effective withdrawal from the Sales Agreement, the contract is considered not concluded, and the Consumer is obliged to return the purchased goods immediately, no later than within 14 (fourteen) calendar days from the date of withdrawal.
7. Within 14 calendar days from the date of withdrawal from the contract by the Consumer, the Seller shall reimburse the Customer the amount paid, including delivery costs corresponding to the cheapest delivery method offered by the Seller. The refund will be made using the same method of payment as used by the Customer, unless the Customer expressly agrees to another method of refund that does not involve any costs for him.
8. The Seller may withhold the refund until the receipt of the purchase subject.
9. The Buyer shall be liable for the decrease of the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

§ 9
 Liability for defects in the goods

1. The Seller is obliged to deliver the goods without defects and, in relation to the Consumers (Article 38a of the Consumer Rights Act shall apply accordingly), the Seller shall be liable for their defects on the terms regulated in Article 556 et seq. of the Civil Code (warranty for defects).
2. In the event that the Customer is not a Consumer:

• liability under the warranty for physical defects of the goods is excluded (Article 558 et seq. of the Civil Code);
• the Seller's liability covers only actual damage;
• the Seller's liability is limited to the value of the order;
• The Seller is not responsible for actions and omissions of third parties, including mail providers, courier companies, internet services, etc.
• The Customer who is not a Consumer is obliged to examine the Goods within 5 calendar days from the date of their receipt, in order to verify the compliance of the Goods with the Sales Agreement (i.e. completeness of the order and quality of the delivered Product) and report any objections to the Seller within the above period. A Customer who is not a Consumer, who has not raised any objections within the indicated period, loses the right to refer to them in the future.

3. The Seller is liable under warranty, if the physical defect is found before the expiry of two years from the date of delivery of goods to the Buyer.
4. Benefits and burdens, together with the risk of accidental loss or damage to the Goods, shall pass to the Customer who is not a Consumer, upon the entrustment of the Goods by the Seller to the carrier (courier company) involved in the transport of such goods, in order to deliver them to the Customer who is not a Consumer. In such an event, the Seller shall not be liable for the actions or omissions of the carrier (courier company), in particular for the loss, loss or damage of the Product arising from the moment of accepting the Product for transport until its delivery to the Customer who is not a Consumer, as well as for the delay in transporting the consignment.

§ 10
 Newsletter, Vouchers

1. All detailed information about Vouchers for our store is available in the Voucher Terms and Conditions tab.

2. The Customer may consent to receive commercial information by e-mail or telephone, by selecting the appropriate option in the registration form or at a later date in the relevant tab. In the event of such consent, the Customer will receive information (Newsletter) of the Online Store, as well as other commercial information sent by the Seller, to the e-mail address or telephone number provided by the Customer.

1. The Customer may unsubscribe from receiving the Newsletter at any time using the form available on the Seller's website in unsubscribe from the Newsletter tab or via e-mail.

§ 11
 Privacy protection

1. The administrator of personal data is the Seller.
2. The data will be processed in order to perform the contract for the provision of the Seller's services and distance sales contracts, to fulfil other legally justified purposes of data administrators or recipients and purposes for which the Customer grants consent (including marketing purposes).
3. Personal data provided to the Seller are provided voluntarily, with the restriction that failure to provide specific data prevents the submission and implementation of the customer's order.
4. The Customer may also give a separate consent to receive advertising and promotional materials from the Store via a newsletter.
5. The Customer has the right to access his personal data and to correct them, request the termination of their processing and to object to their processing.

1. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy and Cookies Policy, available in the Privacy Policy tab.

§ 12
Intellectual property

1. It is forbidden to use any materials published on the Store's website (including photos and descriptions of goods) without the written consent of the Store.
2. The Customer hereby represents that:

• he/she is not entitled to any rights, including copyright or related rights to the content, except for the right to use in the manner specified in the Terms and Conditions and outside these rights to the content, including opinions posted by him/her. The Customer is not entitled to any recording, reproduction, disclosure, publication or distribution of the content, unless such right results from the provisions of law or the Terms and Conditions.
• the Customer it is not entitled to any interference in the content, in particular he/she is not entitled to interfere with the content, structure, form, graphics, mechanism of action or other elements of the Online Store; he/she may not make any changes, additions, modifications or other activities to the content other than those expressly allowed under these Terms and Conditions.

3. The Customer acknowledges that the Content, including for example any advice, and guidance, will not replace advice and guidance provided by an expert or other competent person, after a detailed analysis of the specific case and all its circumstances.
4. By posting content in the Online Store, including in particular photos and opinions that constitute works (within the meaning of the Act of February 4, 1994 on copyright and related rights), the Customer grants the Seller a non-exclusive and free license to use these works for an indefinite period of time by the Seller, which includes, in particular, making the work publicly available in such a way that everyone can have access to it at a place and time chosen by the public (the Internet). A licence shall be granted in respect of all fields of exploitation known at the time of granting the license, in particular the following fields of exploitation:

• in the scope of recording and reproduction of the work - the production of copies using a specific technique, including in particular digital or audio technology, i.e. using all techniques on any audiovisual or audio medium, in particular on all forms of photosensitive, magnetic, analogue, IT, digital, multimedia, video, audiovisual discs, cassettes, compact discs, computer discs, in the multimedia network (including online, intranet and related online services) and reproduction, recording, use on the Internet, television, radio, advertising, reproduction in the form of an electronic record in computer memory and in internal and external networks in the scope of trading the original or copies on which the work was recorded, marketing, lending or renting the original or copies;
• use of the whole work or its fragments or any elements of the work in all publications, in the press, in books, albums, digital publications, including the Internet, in newsletters and informants, alone or in combination with other works or fragments of works; use in whole or fragments for the purpose of promotion and advertising, in particular in the form of audiovisual, audio, media advertising,
• within the scope of publicizing the work in a manner other than specified in point 3 - performing in public, exhibiting, displaying, reproducing, and broadcasting and re-emitting, as well as making the work publicly available in a manner that everyone may have access to it at a place and time they choose.

5. In addition, the Customer agrees not to post Opinions that contain links to external websites, Opinions of promotional or advertising in nature, or Opinions that contain third party data.

§ 13
 Entry into force and amendments to the Terms and Conditions

1. These Terms and conditions enter into force on the day of publication on the Store's website.
2. These Terms and Conditions may be amended, and information about changes to the Terms and Conditions will be sent to Customers to the e-mail address indicated in the order 14 calendar days before the amended Terms and Conditions come into force.
3. In addition, changes to the Terms and Conditions will be published on the Store's website 14 calendar days before the new Terms and Conditions come into force.
4. All orders accepted by the Store Owner for processing before the date of amendment to the Terms and Conditions are processed on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer.
5. In the event, Customer does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller about this fact within 14 days from the date of notification of the change in the Terms and Conditions.

§ 14
 Final provisions

1. The Customer may terminate the contract for the provision of services by electronic means at any time with immediate effect by informing the Seller by e-mail, telephone or in writing to the address of the Seller's registered office. In result, the Customer's account in the Online Store shall be deleted.
2. The Seller has the right to terminate the contract for the provision of services regarding the Account in the event of cessation of the provision or transfer of the Seller's e-shops service to a third party, violation of the law or the provisions of the Terms and Conditions by the Customer. Termination of the Agreement shall be subject to one month's notice.
3. In the event of a change or cancellation of any of the provisions of these Terms and Conditions by a decision of a competent authority or court, the remaining provisions thereof shall remain in force and binding to the Seller and the Customer.
4. The law applicable to any dispute arising from these Terms and Conditions is the Polish law. Any disputes will be settled by the local common court. The Customer who is a Consumer also has the right to use extrajudicial means of dealing with complaints and pursuing claims. All necessary information on extrajudicial complaint and redress procedures can be obtained on the website of the Office for Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated procedures are voluntary and both parties must agree to them.
5. In the event of Customers who are not Consumers, the court having jurisdiction over the seat of the Seller has jurisdiction.
6. The Seller informs that the use of services provided electronically via the Internet is associated with a risk that cannot be completely eliminated. The basic threat to every Internet user, including people using services provided electronically, is the possibility of "infecting" the ICT system with various types of software created mainly to cause damage, such as viruses, worms or Trojans. In order to avoid the risks associated with the above mentioned, it is important that the Service Recipient supplies his/her equipment, which he/she uses when connecting to the Internet, with an antivirus program and constantly updates it by installing the latest versions. At the same time, the Seller informs that it enters the following data, which are not part of the content of the service provided electronically, into the IT system used by the recipient:

• Cookies,
• The Online Store sends the Buyer e-mails confirming the receipt of the order, possible receipt of payment, acceptance of the order for processing and the status of order processing.

7. In matters not regulated by these Regulations, the provisions of applicable law, including the provisions of the Civil Code, shall apply.