Regulations of the online store katemat.com
Good morning!
We are pleased that you are visiting our store with handmade products made in Poland. We make every effort to ensure that the products meet your expectations.
So much for the introduction, now it's time for formalities. First, we would like to present our full registration data as the store administrator, seller and service provider:
UniDigital Mateusz Bober
Jazowa St. 25/14B
35-326 Rzeszów
NIP: 5170318784
Below you will find the regulations, which contain information on, among others, the way of placing an order leading to the conclusion of an agreement, details on the performance of the concluded agreement, forms of delivery and payment available in the store, the procedure for withdrawing from the agreement or the complaint procedure.
In case of any comments, questions, doubts, we are at your disposal at contact@katemat.com.
Best regards and we wish you successful shopping
Katemat online store team
§ 1
Definitions
For the purpose of these Regulations, the following terms are understood as follows:
1) Buyer - a natural person, a legal person or a disabled legal person,
2) Consumer - a natural person, concluding a sales contract with the Seller, not directly related to its business or professional activity,
3) Regulations - these Regulations, available at https://katemat.com/content/3-terms-and-conditions-of-use,
4) Store - the online store operating at https://katemat.com,
5) Seller - UniDigital Mateusz Bober, Jazowa 25/14B, 35-326 Rzeszów, Poland, NIP 5170318784.
§ 2
Preliminary provisions
1. Through the Shop, the Seller conducts retail sales, while providing services to Buyers electronically. Through the store, the Buyer can purchase products shown on the pages of the store.
2. Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and the buyers.
3. To use the Store, including, in particular, to make a purchase in the store, it is not necessary to meet specific technical conditions by computer or other device Buyer. Sufficient are:
1) access to the Internet,
2) standard operating system,
3) standard web browser,
4) having an active e-mail address.
4. Buyer can not make a purchase in the store anonymously or under a pseudonym.
5. It is prohibited while using the Shop to provide content of an unlawful nature, especially by sending such content via forms available in the store.
6. All product prices shown in the pages of the store are gross prices.
§ 3
Services provided electronically
1. Via the Store, Seller provides to the Buyer electronic services.
2. The primary service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the store, leading to the conclusion of the contract with the Seller. Placing an order is possible without having an account in the store.
3. If the Buyer decides to set up an account in the store, Seller also provides to the Buyer electronic services consisting of creating and maintaining an account in the store. The account stores the Buyer's data and history of orders placed by him in the Store. Buyer logs into the account using his e-mail address and password defined by him.
4. Establishing an account in the store is done by completing an independent account registration form available in the store. Buyer may at any time remove the account by sending an appropriate request to the Seller. Deleting the account does not remove the information about the orders placed using the account, which information will be stored by the Seller throughout the operation of the Shop, unless the Buyer previously objects to the storage of this information, and the Seller will not have an overriding interest in their storage.
5. If the Buyer decides to subscribe to the newsletter, the Seller also provides a service for the Buyer electronically to send e-mail messages containing information about new products, promotions, products or services of the Seller. Subscribing to the newsletter takes place by completing and sending the newsletter subscription form or by ticking the appropriate checkbox in the process of order placement. Buyer can at any time resign from receiving the newsletter by clicking on the resignation button visible in each message sent as part of the newsletter or by sending a request to the Seller.
6. Services are provided electronically to the Buyer free of charge. However, sales contracts, contracts for the supply of digital content and agreements on participation in on-site training and consultation concluded through the Store are payable.
7. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Shop, Seller takes technical and organizational measures appropriate to the degree of risk to the security of services provided, in particular, measures to prevent acquisition and modification of personal data by unauthorized persons.
8. Seller takes steps to ensure the full proper functioning of the Store. Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Shop.
9. Any complaints related to the functioning of the Shop, the Buyer can report via e-mail at the address contact@katemat.com. In a complaint, the Buyer should specify the type and date of irregularity related to the functioning of the Store. The Seller will consider any complaints within 30 days of receipt of the complaint and will inform the Customer of its resolution at the e-mail address submitting the complaint.
§ 4
Placing an order
1. Buyer can place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the store. Buyer can create an account by completing an independent account registration form available in the store.
3. If the buyer has an account in the store, before ordering should log into it. Logging in is also possible during the order by clicking the link available in the displayed message.
4. Placing an order is done by completing an order form after adding to the cart products, digital content or services that interest the Buyer. In the form it is necessary to provide data necessary for the execution of the order. At the stage of order placement it is also necessary to choose the method of delivery of ordered products and the method of payment for the order. The condition of placing an order is accepting the Terms and Conditions, with which the Buyer should first become familiar. If there is any doubt about the Regulations, Buyer can contact the Seller.
5. The process of placing the order ends with clicking on the button finalizing the order. Clicking on the button finalizing the order is a statement of intent by the Buyer leading to the conclusion of the contract of sale with the Seller,
6. If the Buyer has chosen online payment when placing an order, after clicking the button finalizing the order will be redirected to the payment gateway operated by an external payment operator to make payment for the order. If the Buyer has chosen payment by bank transfer, after clicking the button finalizing the order the Buyer will be redirected to the Store's website with order confirmation and payment instructions. Payment for the order should be made within 7 days of the contract.
7. Buyer must provide true personal information on the order form. Buyer is responsible for providing false personal data. Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises reasonable doubts Seller as to their accuracy. In such a case the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to clarify any circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to undertake contact with the Buyer, the Seller shall provide any clarifications after the Buyer undertakes contact.
8. Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify the accuracy and correctness, although he has such right in accordance with paragraph 7 above.
§ 5
Delivery and payment
1. Available to choose a method of delivery of the contract are described on the website Store and are presented to the Buyer at the stage of placing an order. The cost of delivery of an order is borne by the Buyer, unless the Seller at the Store website indicates otherwise. Seller has the right to decide to split the order into several separate shipments without incurring additional costs for the Buyer.
2. Available methods of payment for the order are described on the website Store and are presented to the Buyer at the stage of placing an order.
3. Electronic payments, including payment card, are handled by PayU SA, 186 Grunwaldzka Street, 60-166 Poznan, NIP: 779-23-08-495.
4. The invoice will be delivered to the Buyer electronically, to the e-mail address given in the order form.
§ 6
Order fulfillment
1. The execution of an order including physical products consists of completing the ordered products, packing them for delivery to the Buyer and shipping to the Buyer in accordance with the form of delivery chosen by the Buyer.
2. Order is considered to be completed when the shipment to the Buyer (entrusting the shipment to a carrier engaged in transport).
3. Order completion time is always indicated with each product. Ordered products should be delivered to the Consumer within 30 days, unless the product description clearly indicates a longer period. In this situation, by placing an order, the Buyer agrees to a longer order lead time resulting from the product description.
4. If the Buyer has ordered products with different lead times, binding for the Seller is the longest lead time of all products included in the order, but the Seller may propose to divide the order into several independent shipments to accelerate the lead time for some products.
§ 7
Consumer's withdrawal from the contract
1. A consumer who has entered into a remote agreement with the Seller, has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
2. Starting from 01.06.2020, the right to withdraw from the contract on the terms described in this paragraph and arising from the Act on Consumer Rights shall also be entitled to a natural person who enters into an agreement with the Seller directly related to his business, when the content of the contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. Therefore, when within this paragraph refers to the powers of the Consumer, starting from 01.06.2020, these powers also apply to a person who meets the above criteria.
3. To withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by mail, fax or e-mail.
4. The Consumer may use a model form of withdrawal from the contract, available at https://katemat.com/content/2-returns-complaints However, it is not mandatory.
5. To preserve the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information on the exercise of the Consumer's right of withdrawal before the expiry of the deadline for withdrawal.
6. The Consumer shall be obliged to return the product to the Seller or provide it to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date of withdrawal, unless the Seller has offered to collect the item himself. To comply with the deadline is sufficient to return the product before its expiry
7. The consumer shall bear the direct costs of returning the item.
8. In the case of withdrawal from the contract, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the cheapest available at the Store the cost of delivery of products (if the cost was paid by the Consumer) immediately, and in any case no later than 14 days from the date on which the Seller was informed about the exercise of the right of withdrawal. Reimbursement will be made using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution. In any case, the Consumer will not incur any fees in connection with the form of payment refund.
9. If the Seller has not offered to take the thing back from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the thing back or until the Consumer provides evidence of its return, whichever event occurs first.
10. The Consumer shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.
§ 8
Liability for defects
1. Seller is obliged to provide the Buyer with a product free from defects. 2.
2. Seller is responsible to the Buyer if the product sold has a physical or legal defect (warranty for defects).
3. If the sold product has a defect, the Buyer may:
1) demand to replace the product with a defect-free one,
2) demand removal of defects,
3) make a statement to reduce the price,
4) make a statement on withdrawal from the contract.
4. If the Buyer finds a defect in the product, the Buyer should inform the Seller about it, while specifying his claim related to the defect found or making a statement of appropriate content.
5. Buyer can use the complaint form, available at https://katemat.com/content/2-returns-complaints, but it is not mandatory.
6. Buyer can contact the Seller both by mail and e-mail.
7. The Seller shall respond to the complaint submitted by the Buyer within 14 days of receipt of the complaint by such means of communication, using which the complaint was submitted.
8. Details of the Seller's warranty for defects are governed by the Civil Code (Articles 556 - 576).
9. From 01.06.2020, the provisions of the Seller's warranty for defects of the sold thing related to consumers, are also applicable to a natural person who enters into an agreement with the Seller directly related to his business, when the content of the agreement shows that it is not professional for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
§ 9
Personal data and cookies
1. Buyer's personal data administrator is the Seller.
2. Buyer's personal data are processed for the following purposes and on the basis of the following legal bases:
a. conclusion and performance of the contract - Article 6(1)(b) RODO,
b. fulfilment of tax and accounting obligations - Article 6(1)(c) of RODO,
c. defence, investigation or establishment of claims related to the agreement, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of RODO,
d. identification of a returning customer, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of RODO,
e. handling inquiries submitted by Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of RODO,
f. sending a newsletter, after previously expressed consent - Article 6.1.a RODO.
3. Recipients of personal data Buyer are: courier companies, tax offices, law firm, hosting, invoicing system provider, CRM system provider, mailing system provider.
4. Due to the use of the mailing system MailChimp, personal data of Buyers who have subscribed to the newsletter are transferred to the United States of America (USA) due to their storage on servers located in the USA. The MailChimp system provider guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
5. The Buyer's personal data is stored in the Seller's database for the duration of the business in order to ensure the identification of the returning customer, which, however, the Buyer may object to by requesting the removal of his data from the Seller's database. If such objection is made before the expiry of the limitation period for claims under the concluded agreement, the Seller shall have an overriding interest in keeping Buyer's data until the expiry of the limitation period for claims. Accounting records containing the Buyer's personal data shall be stored for a period required by law. Data
6. Buyer's rights related to the processing of personal data: the right to request from the Seller access to personal data, their rectification, erasure, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint to the President of the Office for Personal Data Protection.
7. Personal data provided by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude an agreement or subscribe to a newsletter.
8. Shop uses cookie technology.
9. Details related to personal data and cookies are described in the privacy policy available at https://katemat.com/content/6-privacy-policy.
§ 10
Intellectual property rights
1. Seller hereby instructs the Buyer that the content available on the pages of the Store and elements of physical products (eg graphic design) may be works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, which copyrights belong to the Seller.
2. The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the consent of the Seller, except for the use of content within the framework of permitted personal use, shall constitute an infringement of copyright belonging to the Seller and may result in civil or criminal liability.
§ 11
Out-of-court complaint handling and claim investigation methods 1.
1. The Seller agrees to submit any disputes arising in connection with the sale of goods through mediation proceedings. Details will be determined by the parties to the conflict.
2. The consumer has the opportunity to take advantage of out-of-court complaint handling and investigation of claims. Among others, the Consumer has the possibility to:
1) turn to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded sales agreement,
2) submit a request to the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Buyer and Seller,
3) use the assistance of district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
3. More detailed information on out-of-court complaint handling and claim investigation, the Consumer may look at the website http://polubowne.uokik.gov.pl. 4.
4. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of disputes concerning contractual obligations arising from the online sales contract or service contract.
§ 12
Final provisions
1. Seller reserves the right to introduce and cancel offers, promotions and to change product prices in the store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
2. Seller reserves the right to make changes to the Rules without prejudice to the rights acquired by the Buyer on the basis of contracts entered into before the change of the Rules. Buyers who have a registered user account will be informed of any change to the Terms and Conditions by sending a message to the e-mail address assigned to the user account. If you do not accept the new Regulations, the Buyer can remove your user account free of charge.
3. Any disputes related to contracts concluded through the Shop will be considered by the Polish common court competent for the place of permanent establishment of the Seller. This provision does not apply to consumers, in whose case the jurisdiction of the court is considered on a general basis. Starting from 1 June 2020, this provision also does not apply to a natural person who concludes an agreement with the Seller directly related to his or her business activity, if it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of his or her business activity made available on the basis of the provisions of the Central Business Register and Information on Business Activity - in the case of such a person the jurisdiction of the court is considered on a general basis.
4. These Terms of Service shall apply as of 10.05.2020.
5. All archival versions of the Rules are available for download in .pdf format - the links are located below the Rules.