Terms of Service
TERMS AND CONDITIONS OF KUZMA-TAILORING.COM WEB STORE
- These terms and conditions define the rules and terms of sale of the products by the entrepreneur, Kuzma Group Spółka z ograniczoną odpowiedzialnością, a limited liability company with its registered seat in Krakow, ul. Królowej Jadwigi 91 c/ 26 Kraków, postal code 30-209, entered in the register of entrepreneurs of the National Court Register for Krakow-Śródmieście in Krakow, 11th Commercial Department, under no. KRS 0000526789, holding tax identification number NIP 6772383530, business statistical number REGON 123228860, (hereinafter the Seller) via the electronic network (the Internet) at www.kuzma-tailoring.com (the ‘Store’). Email address: firstname.lastname@example.org.
- The sale transaction takes placed via the electronic network (the Internet) in the form of a contract concluded remotely between the Store’s Client and the Seller.
- These Terms and Conditions of Kuzma-Tailoring.com Store define, inter alia, the rules of registration and use of an account at the Store, placement of orders at the Store, remote conclusion of product sale contracts, complaints procedure, exercise of the right to withdraw from a sale contract and the situations where the Client has no right to withdraw from a sale contract.
- The Terms and Conditions may be accessed at any time by ‘clicking’ on the ‘Terms and Conditions’ link displayed on the Store’s Website.
- Prior to expressing his or her will to conclude a sale contract, the Client should read carefully the following information on the Store’s Website:
- data identifying the Seller (company name, address, phone number, email address and NIP number) – in the Contact tab;
- information constituting a description of the products offered for sale (Wizard);
- information on the mode and date of payment (in the Payment tab);
- information on the available methods and dates of delivery (in the Delivery tab);
- information on the total price of the product comprising, inter alia, the price constituting the cost of the product’s delivery and the taxes due (Wizard);
- information on the complaints handling procedure, including the address at which such complaints are to be lodged (in the Complaints and Returns tab);
- information on the procedure (mode and date) of withdrawal from a sale contract and on the cases where the right of withdrawal from the sale contract is not vested in the Client (in the Complaints and Returns tab); and
- information on the costs of return of the product, including the costs of return of the product borne by the Client (in the Complaints and Returns tab). The products in the Store shall be specifically identified. Information on the product’s features, price, fabric etc. shall be displayed on the web page.
RULES OF THE STORE’S USE
- The Seller enables conclusion of the sale contracts covering the products presented in the Store via the Internet.
- A product sale contract shall be concluded between the person using the Store (the ‘Client’) and the Seller.
- The Seller shall issue to the Client a document confirming the fact of conclusion of the sale contract.
- Prior to using the Store, the Client shall be obliged to read and accept these Terms and Conditions.
- The information provided by the Client at the time of placement of an order shall be true, valid and accurate.
- The Seller reserves the right of refusal to process an order when the data provided are inaccurate to the extent that they prevent processing of the order, in particular render impossible due delivery of the parcel. Prior to refusing to process an order, the Seller shall attempt to contact the Client to establish the data to the extent enabling successful processing of the order.
- The technical requirements that need to be satisfied to assure compatibility with the Seller’s ICT (information and communications technology) system:
- A desk computer, laptop or another multimedia device with the Internet access;
- Access to electronic mail;
- Web browser: Mozilla Firefox, version 39.0 and higher, or Internet Explorer, version 9.0 and higher, Opera, version 30 and higher, Google Chrome, version 44 and higher; and
- The Client shall be obliged to use the Web Store legally and in compliance with good commercial practice while respecting third party personal rights and intellectual property rights.
- The Client shall be prohibited from posting any illegal content.
PLACEMENT OF ORDERS AND CONCLUSION OF SALE CONTRACTS
- Orders shall be accepted via the Wizard found at www.kuzma-tailoring.com where, in order to place an order, the Client shall design his or her product and complete the order form by providing his or her personal data and contact details, confirm the parameters of the order and the price of the product by selecting the ‘Place Order’ option. The Client shall also have the possibility to select ready-to-wear garments, i.e. the products not made to measure according to the Client’s instructions (hereinafter the ‘Ready-to-Wear Products’), if offered by the Seller at any given time.
- Orders may be placed 24 hours a day, 7 days a week, 365 days a year, except for the technical breaks as announced by a notice displayed on the Store’s Website.
- Orders can be placed once a Client has registered by completing the registration form displayed on the Store’s Website. Orders can also be placed without prior registration. To place an order without registering, please select the ‘Purchase without Registering’ option at the Basket level.
- Orders placed on non-business days shall be processed on the first business day following the day on which the order was placed.
- Successful placement of an order shall be conditional upon completion of the order form with all data required for shipment of the product.
- Orders shall be placed via the Wizard where the Client shall design his or her product and complete the order form by providing his or her personal data and contact details, confirm the parametres of the order and the price of the product by selecting the ‘Place Order with Obligation to Pay’ option. The Client shall also have the possibility to select ready-to-wear products if offered by the Seller at any given time. In such case, placement of the order shall take place through selection of the Ready-to-Wear Products from the Store’s offer, their colours, sizes and quantity and subsequent selection of the ‘I Am Placing Order with Obligation to Pay’ option.
- Until approval of the selection of the garments with the ‘I Am Placing Order with Obligation to Pay’ button, the Client shall have the possibility to make changes to and modify the products in the order as well as the Client’s contact details required for shipment of the products or issuance of an invoice.
- Placement of an order by the Client (its approval by clicking the ‘I Am Placing Order with Obligation to Pay’ button shall constitute the Client’s offer submitted to the Seller as to the conclusion of the sale contract consistently with these Terms and Regulations and the placed order.
- Following placement of the order, the Seller shall promptly confirm its receipt by sending a message to the Client’s email address provided at the time of placement of the order comprising the details of the items covered by the order, quantity of products, value of the order, selected type of delivery and method of payment, order processing time and the Client’s contact details. The email message shall constitute confirmation of receipt of the purchase offer by the Store.
- The order shall be accepted for processing when it is complete and when receipt of the payment due in consideration of the ordered products is recorded on Kuzma Group’s bank account, of which fact the Seller shall notify the Client by sending the relevant message to the Client’s email address with a confirmation of conclusion of the sale contract (the ‘Confirmation of Acceptance of Order for Processing’). Once the aforementioned confirmation has been received, the sale contract covering the products ordered by the Client shall be concluded.
- Every sale contract shall be concluded in the Polish language in the wording consistent with these Terms and Regulations.
- Without prejudice to the Client’s right to withdraw from the sale contract consistently with the applicable laws and regulations (when that right is vested in the Client), the Client may renounce from the order prior to receipt of the confirmation of acceptance of the purchase offer from the Store, i.e. prior to receipt of the email confirming acceptance of the order for processing. In such case, the Client shall contact the Store without delay, e.g. by phone with an email confirmation.
- In case of any problems with processing of the order or due to unavailability of any materials required for its processing or delays due to other reasons, the Client shall be notified thereof without delay via email and shall decide, at his or her own discretion, whether the order is to be processed partially, with a delay or cancelled in full.
- In the event of a change of the order or its cancellation, the Seller shall promptly return, respectively, the partial or full amount paid by the Client to the same bank account from which the payment was originally made to the Seller’s bank account.
- The Seller reserves the right to change the prices of the products found in the Store, introduce new products for sale, conduct and cancel promotional events on the Store’s Website or make changes thereto in compliance with the Polish Civil Code and other acts as long as such changes do not infringe upon the rights of the persons who have concluded the sale contracts covering the products offered by the Store prior to the introduction of the aforementioned changes or rights of the persons eligible to take advantage of a given promotional offer, consistently with its rules and during its term.
- The Seller makes the reservation that the promotional offers made by the Store cannot be combined with one another.
- The Client shall pay the price due in consideration of the ordered products, at the Client’s discretion:
- by a funds transfer to the Store’s bank account at Raiffeisen Bank Polska Spółka Akcyjna (the order’s number must be specified in the title of the funds transfer);
- by way of an electronic payment or a payment card payment via Dotpay service - the available payment methods have been specified at www.kuzma-tailoring.com in the Payment section and at dotpay.com.
- Transactions executed by way of electronic payment or using a payment card shall be settled, at the Client’s discretion, via Dotpay service and processed by: Dotpay S.A. with its registered seat in Krakow, ul. Wielicka 72, postal code 30-552.
- Orders payable with a funds transfer or using a credit card shall be processed once the amount due for the product has been received.
- Failure to receive a payment by the Seller or any of the entities acting as intermediaries in the transaction (Dotpay service) within 7 days of placement of an order shall result in cancellation of the order of which fact the Client shall be notified by way of a message sent to the Client’s email address. In such case, the order may be placed once again and another form of payment may be selected.
- Prices of the ordered products shall be quoted in Polish zlotys and shall be inclusive of all price components, including VAT, custom charges and other taxes due. In the order’s summary, the Client shall receive also the information on the costs of the selected delivery method.
- The Client shall pay the price due in consideration of the ordered products, at the Client’s discretion:
- Deliveries shall be made both within the territory of the Republic of Poland and abroad.
- The order processing time at the Store displayed in the order’s summary shall be the most likely time of preparation of the products for shipment to the Client. Under exceptional circumstances, the order processing time shall be confirmed by a member of the Store’s personnel contacting the Client, subject to the provisions of Section 3 below.
- Products shall be delivered to the designated address within the territory of the Republic of Poland by UPS Sp. z o.o., ul. Prądzyńskiego 1/3, 01-222 Warszawa, a courier company.
- The delivery charges shall be specified each time during the order placement process. The forecast time of delivery within the territory of the Republic of Poland shall be one (1) business day after the date of shipment of the product. The overall and maximum order delivery time is not to exceed 21 business days and shall under no circumstances exceed 21 days after the date of conclusion of a sale contract. The forecast time of delivery outside the territory of the Republic of Poland shall be five (5) business days after the date of shipment of the product. The overall and maximum order delivery time is not to exceed 26 business days and shall under no circumstances exceed 26 days after the date of conclusion of a sale contract.
- The start of processing of the order may be delayed until the crediting to the Store’s bank account of the amount of the selling price and of the shipment cost, if any, paid via Dotpay or by way of a regular online funds transfer).
- All deliveries shall be made by way of an insured courier parcel.
- The cost of delivery shall be borne by the Client of which fact the Client shall be advised also ahead of acceptance of the order being placed. A proof of purchase/VAT invoice shall be enclosed to each product shipped.
- Products shall be delivered to the designated addresses both within the territory of the Republic of Poland and abroad. The cost of delivery shall amount to:
- when the product is delivered by the courier service within the territory of the Republic of Poland [PLN 13.50]; or
- when the product is delivered by the courier service outside the territory of the Republic of Poland, the delivery shall be priced on a case by case basis, with the cost of a standard parcel delivered within the territory of the European Union being [PLN 70.00]
- The cost of delivery shall be charged automatically at the time of placement of an order via the Website consistently with the table of fees in force. The cost of delivery shall be displayed in the Client’s basket prior to the final submission of the order.
- If, at the time of collection of the parcel from the courier, the Client states any damage to the packaging or/and product, the Client shall have the right to refuse acceptance of the parcel from the courier. In such case, the Client cannot be coerced by the courier or courier service into accepting and collecting the parcel.
RIGHT TO WITHDRAW FROM CONTRACT
- Given the unique nature of the ordered product constituting a non-prefabricated item manufactured to the consumer’s specification (based on the consumer’s exact dimensions and made-to-order) consistently with Article 38 Section 3 Sub-Section 4 of the Act on Consumer Rights of 30 May 2014, the Client shall not have the right to withdraw from the sale contract.
- The Seller shall be obliged to deliver a product that is free of defects. The Seller shall be liable to the Client if the sold product is found to have a physical or legal defect.
- If, following delivery of the product, the Client states a defect in the product or the product’s inconsistency with the placed order, he or she should notify the Seller thereof via an email sent to the following address email@example.com or by a letter sent to Kuzma Group Sp. z o.o., ul. Królowej Jadwigi 91c/26, 30-209 Kraków, specifying the stated defect or inconsistency, as well as the date of its statement by the Client.
- Each product purchased at the Store may give rise to a complaint provided that the time limits for lodging complaints and terms of complaint as defined under the applicable laws are respected and as long as it is defective and its defects amount to inconsistency with the concluded sale contract. A complaint may be lodged by post by returning the product along with a written description of the defect or a complaint form downloaded from the Store’s Website and the proof of purchase at the Store, by a registered letter or otherwise, to the following address: Kuzma Group Sp. z o.o., ul. Królowej Jadwigi 91c/26, 30-209 Kraków with a note: ‘Complaint’. The Client shall be notified of the manner of processing of the complaint within fourteen (14) days of the day following the day of receipt by the Store of the parcel containing the product subject to complaint. If the complaint lodged by post is found to be legitimate, the Seller shall send to the Client a product in perfect condition (repaired or new) and, if this is not possible due, for instance, to exhaustion of warehouse stocks, shall reimburse the Client with the full amount of the paid price of the product.
- The Client shall send the product subject to complaint at the Client’s own expense and risk.
- If the complaint is rejected, the product shall be returned with an opinion stating the grounds for rejecting the complaint as illegitimate.
- Should the Client state that the product has been damaged during transport, it shall be recommended for the Client to draw up a damage report in the courier’s presence.
- The Clients’ personal data provided at the time of registration at the Store shall be processed by the Seller exclusively for the purpose of processing of the orders. They may also be processed for marketing purposes as long as the Client agrees thereto in the form of a separate declaration. The Client shall have the right to supplement, update and correct personal data, withhold permission for their processing on a temporary or permanent basis or demand their removal if incomplete, obsolete, untrue or collected in breach of applicable laws or immaterial for attainment of the objective for which they were originally collected, as well as the right to object to the processing of personal data for marketing purposes.
- In the case of selection of the courier service as the method of delivery, the Client’s personal data shall be processed by UPS Polska Sp. z o.o., ul. Prądzyńskiego 1/3, 01-222 Warszawa.
- Failure to accept the provisions of these Terms and Conditions shall prevent the purchase of the Products offered by the Store. The Store shall enable the Client to become familiar with the Terms and Conditions at the time of placement of an order. The Clients holding accounts at the Store shall be notified of any amendments to the Terms and Conditions via electronic mail. Any Client who fails to accept the amendments made to the Terms and Conditions shall have the right to delete his or her account at the Store at any time.
- The provisions of any contract of sale of the products at the Store shall be governed by the Polish law. Every sale contract shall be concluded in the Polish language.
- The matters not regulated hereunder shall be governed, respectively, by the provisions of the Polish Civil Code or by the provisions of the other legal acts applicable to the Store’s activity and operation.
- The court having jurisdiction under the applicable laws and regulations shall be competent to resolve disputes between the Seller and the Client.
- The Seller reserves the right to amend these Terms and Regulations at any time. Amendments to the Terms and Conditions shall take effect within 7 days of their publication on the Store’s Website.
- Amendments to the Terms and Conditions shall apply to the orders placed after making a given amendment to these Terms and Conditions, subject to the provisions hereof.