§ 1 Definitions

  1. Seller - "KENAY" A.GRZEGOREK I WSPÓLNICY SPÓŁKA JAWNA, seated in Kalisz ul. Częstochowska 25, 62-800 Kalisz, registered in the National Court Register by the District Court in Poznan - Nowe Miasto i Wilda in Poznan, IX Economic Division of the National Court Register, under no. KRS 0000319209, NIP (Tax Identification Number) no. 6182095474, REGON no 301012651.
  2. e-Store - Internet service available at https://sklep.kenayag.com.pl/en whose owner is the Seller.
  3. Customer - every entity (Consumer or a person not regarded as the Consumer) placing the Order via e-Store.
  4. Consumer - a legal person having a legal act with the Seller (sales contract via e-Store) not connected directly with his/her economic or professional activity (article   22 1 of the Civil Code).
  5. Terms and Conditions - These Terms and Conditions
  6. Registration - a single activity of the Customer to create an account through a panel made available by the Seller via e-Store.
  7. Goods - movable item, available in e-Store, particularly dietary supplements.
  8. Order - the Customer's statement of intention to make distance sale contract of the Goods via e-Store, stating at least type and quantity of the Goods.
  9. Newsletter - electronic information sent by electronic mail to the Customers and other e-Store users.

§ 2 General Provisions

  1. These Terms and Conditions describe the principles of the Goods sale contract via e-Store as well as how to use e-Store.
  2. In order to make sale contract and use e-Store it is necessary to possess devices allowing access to the Internet, e-mail mailbox and Internet browser.
  3. The costs of using Internet network by the Customer depend on the prices fixed by the telecommunications operator or Internet service provider, and the Customer is charged personally for.
  4. The Seller may contact the Customer, and the Customer may contact the Seller by filling the contact form in (Section "Contact"), by e-mail (djozefowska(at)kenayag.com.pl), telephone (+48) 62 757 35 88 or (+48) 62 757 35 89 (Monday to Friday from 8 a.m. to 4 p.m.) or sending a letter to the Seller's address.
  5. All the electronic correspondence sent by the Seller is protected by antivirus programs and directed only to the particular Customer.
  6. The sales objects are the Goods presented in e-Store at the moment of placing the Order.
  7. All the Goods presented in e-Store are free from defects.
  8. All the prices presented in e-Store are in PLN currency and include VAT tax. The price of the Goods does not include the shipping cost.
  9. The Seller sales the Goods via e-Store in Europe.
  10. The Seller has the right to change the Goods prices, introduce and withdraw the Goods, give discounts as well as promote the Goods in e-Store. However, it does not limit the Customer's rights i.e. the changes do not affect already placed Orders.
  11. In order to completely benefit from opportunities offered by e-Store, the Customer can register. Registration is voluntary and is not obligatory to place the Order in e-Store. Registration is made once. Successive Orders of the registered Customer are processed on the basis of Customer's logging on i.e. entering e-mail address and password.
  12. People using e-Store (including Customers) are prohibited to put there illegal content       (e.g. in the Goods opinions).

§ 3 Placing Orders

  1. Orders can be placed via e-Store 24 hours a day.
  2. The Sellers allows to place the Orders by means of filling in an interactive Order form (adding the Goods by pressing "Add to cart" button and proceeding the displayed commands. Finally pressing "Proceed with my order with payment obligation").
  3. After placing the Order the Customers receives: 
    1. immediately (within 1 working day) an e-mail confirming placing the Order including all the necessary sales contract terms and conditions,
    2. within maximum 3 (three) working days after placing the Order - an e-mail including all the necessary sales contract terms and conditions, confirming proceeding with the Order and making a contract of the Goods sale.
  4. Order cancellation or modification is possible before receiving confirmation of order proceeding actions. You need to contact the Seller as soon as possible (via e-mail or phone) when you want to cancel or modify your Order. It does not violate in any way the Consumers' right to withdraw from a contract within 14 (fourteen) days starting from the date of the Goods collection.
  5. The Seller allows the following payment methods:
    1. bank wire (the Sellers bank account number: 63 1240 2946 1111 0010 2218 6501, SWIFT code: PKOPPLPW IBAN code: PL, bank name: Bank Polska Kasa Opieki S.A.),
    2. Electronic Payments Service provided by PayU (PayU S. A. ul. Grunwaldzka 182 60-166 Poznan),
    3. Electronic Payments Service provided by PayPal (PayPal Europe S.à r.l. et Cie, S.C.A. seated in Luxemburg, 22–24 Boulevard Rogal, L-2449),
  6. The Customer should make payment for the Goods including the shipping cost within 7 (seven) days from the date of receiving an e-mail mentioned in paragraph 3 article 3, point 2 above. After this deadline the Seller's offer is not binding.
  7. The shipping cost information is included in the Order procedure (in Order form). The shipping cost is added to the Goods price and covered by the Customer.
  8. The shipping cost to the European countries is 30 PLN. After receiving prepayment the Goods will be despatched by post.

§ 4 Orders Processing

  1. The Order will be processed on condition that the Customer gives the correct personal and contact details in an interactive form (allowing to verify and confirm the Order).
  2. In case of incorrect or insufficient data the Seller will attempt to contact the Customer in order to confirm the Order. When it shall be impossible to confirm the Order within 7 (seven) days due to no possibility to contact the Customer the Seller's offer is not binding.
  3. The Order processing procedure starts after the Seller confirms the Order, in case of prepayments via bank wire or electronic payments service - after receiving the payment on the Seller's bank account.
  4. The Order lead time depends on the Goods availability, a chosen payment method and it is approximately 2-4 (two - four) working days, and in justified situations (e.g. no availability in a warehouse) about 1 (one) week starting from the day of confirming the Order to posting the parcel.
  5. The Goods are usually delivered within 7 (seven) working days starting from the day of posting the parcel.
  6. In case of delayed Order lead time, the Customer is immediately informed about it.
  7. Purchase confirmation is a receipt or an invoice which are despatched together with the Goods or in a separate parcel.
  8. The Goods are delivered to the European countries only via post.  
  9. The place of Seller's performance is the Goods delivery place (delivery address) indicated by the Customer during placing the Order procedure.
  10. While collecting the parcel the Customer is obliged to examine it (on the basis of article 545, paragraph 2 of the Civil Code). In case of parcel defects the Seller recommends filling in the damage report in the presence of the carrier and immediately inform the Seller about the situation.       Lack of the damage report is not equal to expiration of consumer's right to file a claim concerning defects occurring during despatching; however this report is helpful in complaint procedure. Lack of the damage report may hinder pursuing possible claims against the Seller and determine the person responsible for parcels defects. Complaints, regarding defects occurring during despatching, filed by the Customers not being the Consumers, without the damage report, will not be considered.

§ 5 Consumer Warranty (Guarantee)

  1. The Consumer may withdraw from a sales contract of the Goods purchased from the Seller without giving any reason, issuing appropriate statement within 14 (fourteen) days, starting from despatching the Goods (i.e. the date of entering into possession of the Goods by the Consumer or the third party other than the carrier). It is sufficient to send the statement before deadline expires.
  2. Withdrawing from the sales contract of the Goods the Consumer may use the below statement form, however it is not compulsory.
  3. The Consumer does not held the right to withdraw from the distance contract in the following situations:
    1. the service subject is an object produced according to consumer's specification or to fulfil his/her individual needs;
    2. the service subject is an object delivered in a sealed parcel which cannot be returned after opening due to health protection or hygienic matters, if the parcel was opened after delivery;
    3. the service subject are objects which shall be inseparably connected with other objects;
    4. the service subject is an object with short expiry date or perish quickly.
  4. In case of withdrawing from the contract the Consumer is obliged to return the Goods immediately, however not later than within 14 (fourteen) days starting from the date of contract withdrawal.
  5. In case of withdrawing from the contract the Seller immediately refunds all the payments received from the Consumer, including costs of shipping the Goods to the Consumer, not later than within 14 (fourteen) days starting on the day being informed about withdrawing from the contract by the Consumer.
  6. Refund is made by means of the same payment methods as were used in the primary transaction by the Consumer, unless otherwise agreed.
  7. The Seller may hold the refund until receives the Goods or despatching confirmation.
  8. The Consumer covers the direct costs of returning the Goods - in accordance with the carrier pricelist. The Consumer returns the Goods to the Seller on his/her own cost, which is not refunded.
  9. The Customer not being the Consumer has no right to withdraw from a contract within 14 (fourteen) days. Such Customers will be regulated by the Civil Code rules of law.   

§ 7 Personal Data and Privacy Protection

  1. Filling in the Registration form/interactive Order form the Customer declares that the given data are true.
  2. Filling in the above mentioned form the Customer gives his/her consent to their personal data being processed in order to proceed the Order by the Seller, who is the data controller according to the Personal Data Protection Act of 29 August 1997.
  3. Personal data in the Seller's database are not transmitted to the subjects not participating in the Order processing.
  4. According to the above mentioned Act the Customer has the right to access his/her personal data, revise and delete it. The Seller guarantees each Customer has the right to control the processing of his/her data according to article 32 of Personal Data Protection Act.
  5. Giving personal data is voluntary, however lack of consent to the Customer's personal data being processed prevents the Order from being processed.
  6. By signing up the Newsletter in e-Store the Customer (or other user) gives his/her consent to their e-mail address being used to provide information about new products and promotions offered by the Seller.
  7. The Customers' e-mail addresses (or other e-Store users') registered to receive the Newsletter are only used to send information about the Seller's offer.       These addresses are not forwarded to third parties.
  8. The Customer (or other e-Store user) at any time has the right to sign out the Newsletter.
  9. The e-Store website uses cookie. They are used to allow comfortable e-Store website surfing by the Customers (they store website preferences and settings, gather anonymous data for marketing and statistical purposes). Visiting e-Store with no modifications done in the browser cookie settings means they shall be used in a computer of every user. If the user does not agree to cookies policy, s/he should change the browser settings.

§ 8 Final Provisions

  1. Matters not regulated by this Terms and Conditions are covered by the common law regulations, particularly the Civil Code and Consumers Rights Act of 30 May 2014.
  2. The Terms and Conditions do not exclude nor limit any Customer rights given according to effective rules of law. In case of contradiction between Terms and Conditions provisions and strictly effective rules of law, giving the Consumer's rights, those rules of law shall prevail. Contracts provisions which are less favourable for the Consumer than the provisions of Consumers Rights Act are invalid, and this Act regulations prevail.
  3. Electronic version of Terms and Conditions is available for all the Customers on e-Store website (sklep.kenayag.com.pl) and is valid since 28 July 2015.
  4. The Contract is made available to the Customer in the following ways:
    1. making Terms and Conditions accessible as described in paragraph 8 point 3
    2. sending an e-mail to the Customer
    3. adding purchase receipt to the parcel.

 


 

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