The conclusion of a contract between the Buyer and the Seller can occur in two ways.

 

Before placing an order, the Buyer has the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms and conditions. These negotiations should be conducted in writing and addressed to the Seller's address (Hamernia Agata Mondzelewska, ul. Wetlińska 42, 35-083 Rzeszów).

 

If the Buyer waives the option of concluding a contract through individual negotiations, the following terms and conditions and applicable law shall apply.

 

Terms and Conditions of the Kuzniaszpeju.pl Store

operated by Hamernia Agata Mondzelewska

• 1 Definitions

Personal Data Controller:

 

Hamernia Agata Mondzelewska

Wetlińska 42, 35-083 Rzeszów

NIP: 993-04-05-730, REGON: 366601552

 

Postal address - first and last name or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: town name and property number), zip code, and city.

Complaints address:

 

Hamernia Agata Mondzelewska

Wetlińska 42, 35-083 Rzeszów

 

Delivery price list - a list of available delivery methods and their costs can be found at https://kuzniaszpeju.pl/strona/dostawa. Contact details:

 

Hamernia Agata Mondzelewska

Wetlińska 42, 35-083 Rzeszów

 

Personal data - any information relating to an identified or identifiable natural person. Information is not considered to be personally identifiable if this would require excessive costs, time, or effort.

Sensitive data - personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party, or trade union affiliation, as well as data on health, genetic code, addictions, sexual life, convictions, criminal convictions, fines, and other decisions issued in court or administrative proceedings. Delivery – type of transport service, including the carrier and cost, listed in the delivery price list available at https://kuzniaszpeju.pl/strona/dostawa

Proof of purchase – VAT invoice or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.

Product card – a single subpage of the store containing information about a single product.

Customer:

1. an adult individual running a sole proprietorship, concluding a contract with the Seller directly related to their business or professional activity and of a professional nature;
2. an organizational unit without legal personality but with legal capacity;
3. a legal person.

Civil Code – the Civil Code Act of April 23, 1964, as amended.

Code of good practice – a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2, point 5 of the Act on Combating Unfair Market Practices of August 23, 2007, as amended.

Consumer – an adult natural person with full legal capacity or an adult natural person running a sole proprietorship, concluding a contract with the Seller directly related to their business or professional activity, but not of a professional nature.

Cart – a list of products prepared from the products offered in the store based on the Buyer's selections.

Buyer – both the Consumer and the Customer.

Place of Delivery – the postal address or pickup point indicated by the Buyer in the order.

Time of Delivery – the moment when the Buyer or a third party designated by the Buyer takes possession of the item. ODR Online Platform – an EU online platform operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, available at https://webgate.ec.europa.eu/odr

Payment – the method of payment for the subject matter of the contract and delivery listed at https://kuzniaszpeju.pl/strona/platnosc

Authorized Entity – an entity authorized to provide out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended. Privacy Policy - the principles of processing Buyers' personal data by the Personal Data Controller, Buyers' rights, and the Data Controller's obligations, which can be found at: https://kuzniaszpeju.pl/strona/polityka-prywatnosci

Consumer Law - the Consumer Rights Act of May 30, 2014.

Consumer Law – Consumer Rights Act of May 30, 2014.

Product – the minimum and indivisible quantity of items that can be ordered, which is specified in the Seller's store as a unit of measurement when determining the price (price/unit).

Contract Subject – the products and delivery that are the subject of the contract.

Object of Performance – the subject of the contract.

Delivery Point – the place where the item is delivered, other than a postal address, and listed in the list provided by the Seller in the store. UOKiK Register – the register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and the Personal Data Protection Act of 10 May 2018.

Item – a movable item that may be or is the subject of a contract.

Shop – an online service available at kuzniaszpeju.pl, through which the Buyer can place an order.

Seller:

Hamernia Agata Mondzelewska

35-083 Rzeszów, ul. Wetlińska 42

NIP: 993-04-05-730, REGON: 366601552

Registered and visible in the CEIDG register at:

https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=3f0ed165-d319-4a06-820f-08462dcbf431

 

BANK ACCOUNT: 98 1050 1562 1000 0092 3803 8906

 

Iban PL 98 1050 1562 1000 0092 3803 8906

 

SWIFT/BIC: INGBPLPW

 

System – a set of interoperable IT devices and software, ensuring Processing and storing, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.

Completion date – the number of hours or business days specified on the product card.

Contract – a contract concluded off-premises or remotely within the meaning of the Consumer Rights Act of May 30, 2014, for Consumers, and a sales contract within the meaning of Article 535 of the Civil Code of April 23, 1964, for Buyers.

Defect – both a physical defect and a legal defect.

Physical defect – a non-conformity of the sold item with the contract, in particular if the item:

 

does not have the properties that this type of item should have given the purpose specified in the contract or resulting from the circumstances or its intended use;

 

does not have the properties the Seller assured the Consumer of;

 

is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such intended use;

It was delivered to the Consumer incomplete;

 

in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;

 

it does not have the characteristics assured by the manufacturer or their representative, or by the person who introduces the item into circulation within the scope of their business activity, or by the person who, by placing their name, trademark, or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller was not aware of these assurances, or, judging reasonably, could not have been aware of them, or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.

 

Legal defect – a situation where the sold item is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.

 

Order – a declaration of intent by the Buyer submitted through the store, clearly specifying: the type and quantity of products; Delivery type; payment type; place of delivery of the goods; Buyer's details, all of which directly lead to the conclusion of a contract between the Buyer and the Seller.

• 2 General Terms and Conditions

The contract is concluded in Polish, in accordance with Polish law and these Terms and Conditions.

The place of delivery of the goods must be located within the territory of the Republic of Poland.

The Seller is obligated and undertakes to provide services and deliver goods free from defects.

All prices quoted by the Seller are expressed in Polish currency and in Euro. The Seller is a VAT payer. Product prices do not include the cost of delivery, which is specified in the delivery price list.

All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e., a period expressed in days ends on the last day, and if the beginning of a period expressed in days is a certain event, the day of delivery is not taken into account when calculating the deadline. The date on which the event occurred.

Confirmation, disclosure, recording, and security of all material provisions of the contract for the purpose of future access to this information are provided in the form of:

 

order confirmation by sending to the specified email address: the order, pro forma invoice, information on the right to withdraw from the contract, these Terms and Conditions in PDF format, a sample withdrawal form in PDF format, links to download the Terms and Conditions and the sample withdrawal form;

 

attaching to the completed order, sent to the designated delivery location, printed copies of: proof of purchase, information on the right to withdraw from the contract, these Terms and Conditions, and a sample withdrawal form.

 

The Seller informs the Customer of any warranties provided by third parties for products available in the store.

The Seller does not charge any fees for communicating with the Customer using means of distance communication, and the Buyer will bear the costs thereof in the amount resulting from the agreement concluded with the third party providing the specific service enabling distance communication. The Seller guarantees that the store will function correctly in the following browsers: Internet Explorer version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. Using third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, or Safari may affect the correct display of the store. Therefore, to ensure the full functionality of the kuzniaszpeju.pl store, all of them should be disabled.

 

The Buyer may use the store's ability to save their data to facilitate the process of placing a subsequent order. To do this, the Buyer must provide a login and password necessary to access their account. The login and password are a string of characters set by the Buyer, who is obligated to keep them confidential and protect them from unauthorized access by third parties. The Buyer may view, correct, update, and delete their account in the store at any time. The Seller complies with the Code of Good Practice.

The Buyer is obligated to:

not provide or transmit content prohibited by law, such as content that promotes violence, is defamatory, or infringes on personal rights and other rights of third parties,

use the store in a manner that does not disrupt its operation, in particular through the use of specific software or devices,

not engage in activities such as sending or posting unsolicited commercial information (spam) within the store,

use the store in a manner that does not cause inconvenience to other Buyers and the Seller,

use all content posted within the store only for personal use,

use the store in a manner consistent with the provisions of applicable law in the territory of the Republic of Poland, the provisions of these Terms and Conditions, and the general principles of netiquette.

• 3 Conclusion of the Contract and Fulfillment

Orders can be placed 24 hours a day.

To place an order, the Buyer should perform at least the following steps, some of which may be repeated multiple times:

add a product to the cart; Selecting the delivery method;

Selecting the payment method;

Selecting the delivery location;

Placing an order in the store by using the "Buy and pay" button.

The contract with the Consumer is concluded upon placing the order.

 

The Consumer's order paid cash on delivery is fulfilled immediately, while the order paid by bank transfer or electronic payment system is fulfilled after the Consumer's payment is credited to the Seller's account, which should occur within 30 days of placing the order, unless the Consumer was unable to fulfill the order through no fault of their own and informed the Seller of this.

The contract with the Customer is concluded upon acceptance of the order by the Seller, of which the Seller informs the Customer within 48 hours of placing the order.

The Customer's order paid cash on delivery is fulfilled immediately after the contract is concluded, while the order paid by bank transfer or electronic payment system is fulfilled after the contract is concluded and the Customer's payment is credited to the Seller's account.

The order processing time is counted from the moment of positive payment authorization. If the Customer chooses payment by bank transfer or credit card, the order will be processed from the date the Seller's bank account is credited.

 

Fulfillment of the Customer's order may be contingent upon payment of all or part of the order value, obtaining a trade credit limit equal to at least the order value, or the Seller's consent to ship the order cash on delivery (cash on delivery).

The subject of the contract will be shipped within the time specified on the product card, and for orders consisting of multiple products, within the longest time specified on the product cards. The time limit begins upon completion of the order.

The purchased subject of the contract, together with the sales document selected by the Buyer, is sent via the delivery method selected by the Buyer to the delivery location indicated by the Buyer in the order, along with the attachments referred to in §2 point 6b.

• 4 Right to Withdrawal

Under Article 27 of the Consumer Law, the consumer has the right to withdraw from a distance contract without giving a reason and without incurring any costs, except for the costs specified in Articles 33 and 34 of the Consumer Law.

The time limit for withdrawal from a distance contract is 14 days from the date of delivery of the item, and sending a declaration before its expiry is sufficient to meet the time limit. The Consumer may submit a declaration of withdrawal from the contract using the form provided in Annex 2 to the Consumer Law, the form available at https://kuzniaszpeju.pl/strona/reklamacje-i-zwroty, or in another form consistent with Consumer Law.

The Seller will immediately confirm receipt of the declaration of withdrawal to the Consumer via email (provided at the time of concluding the contract and another email address if provided in the submitted declaration).

In the event of withdrawal from the contract, the contract is deemed null and void.

The Consumer is obligated to return the goods to the Seller immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to return the goods before its expiry.

The Consumer must return the goods that are the subject of the contract from which they withdrew at their own expense. The consumer is not responsible for the costs of delivering digital content that is not stored on a tangible medium if they have not consented to the performance of the service before the expiry of the withdrawal period, have not been informed of the loss of their right to withdraw from the contract at the time of granting such consent, or the trader has not provided confirmation in accordance with Article 15, paragraph 1, and Article 21, paragraph 1, of the Consumer Law.

The consumer is liable for any reduction in the value of the item that is the subject of the contract resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item.

The seller will immediately, no later than 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the consumer, refund all payments made by the consumer, including the costs of delivering the item to the consumer. If the consumer has chosen a delivery method other than the cheapest standard delivery method offered by the seller, the seller will not reimburse the consumer for additional costs in accordance with Article 33 of the Consumer Law. The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not incur any costs for the Consumer.

The Seller may withhold reimbursement of the payment received from the Consumer until the Seller receives the returned goods or until the Consumer provides proof of having sent back the goods, whichever occurs first.

 

According to Article 38 of the Consumer Law, the Consumer is not entitled to withdraw from a contract:

 

where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period;

 

where the subject of the contract is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs;

 

where the subject of the contract is an item that is subject to rapid deterioration or has a short shelf life;

 

Where the subject of the service is an item delivered in a sealed package that cannot be returned after opening for health or hygiene reasons if the package was opened after delivery;

Where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;

Where the subject of the service is audio or video recordings or computer programs delivered in a sealed package if the package was opened after delivery;

Where the subject of the service is digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur informed them of the loss of the right of withdrawal;

Where the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements.

• 5 Warranty

Under Article 558§1 of the Civil Code, the Seller completely excludes liability to Customers for physical and material defects.

The Seller is liable to the Consumer under the terms of Article 556 et seq. of the Civil Code for defects (warranty).

In the case of a contract with a Consumer, if a physical defect is discovered within one year of delivery of the item, it is assumed to have existed at the time the risk passed to the Consumer.

If the sold item has a defect, the Consumer may:

submit a declaration requesting a price reduction;

submit a declaration of withdrawal from the contract;

unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or the Seller has failed to fulfill the obligation to replace the item with a defect-free one or remove the defect, the Consumer is not entitled to have the item replaced or the defect removed.

 

Instead of the removal of the defect proposed by the Seller, the Consumer may request the replacement of the item with a defect-free item or, instead of replacing the item, request the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the item free of defects, the type and significance of the identified defect, and the inconvenience to which the Consumer would be exposed by another method of satisfaction are also taken into account.

 

The Consumer cannot withdraw from the contract if the defect is insignificant.

 

If the sold item has a defect, the Consumer may also:

 

request the replacement of the item with a defect-free item;

 

request the removal of the defect.

 

The Seller is obligated to replace the defective item with a defect-free item or to remove the defect within a reasonable time without undue inconvenience to the Consumer. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the other possible method of bringing the defective item into conformity with the contract. If the defective item has been installed, the Consumer may demand that the Seller disassemble and reassemble it after replacing it with a defect-free item or removing the defect. However, the Consumer is obligated to bear a portion of the associated costs exceeding the price of the item sold, or may demand that the Seller pay a portion of the costs of disassembly and reassembly, up to the price of the item sold. If the Seller fails to fulfill this obligation, the Consumer is authorized to perform these activities at the Seller's expense and risk. A Consumer exercising warranty rights is obligated to deliver the defective item to the complaint address at the Seller's expense. If the nature of the item or its installation makes delivery by the Consumer excessively difficult, the Consumer is obligated to make the item available to the Seller at the location where the item is located. If the Seller fails to fulfill this obligation, the Consumer is authorized to return the item at the Seller's expense and risk. The Seller shall bear the costs of replacement or repair, except for the situation described in §5, point 10.

The Seller is obligated to accept the defective item from the Consumer in the event of replacement of the item with a defect-free item or withdrawal from the contract.

The Seller will respond within fourteen days to the following requests based on Article 5615 of the Civil Code: a request for a price reduction, a request for replacement of the item with a defect-free item, or a request for removal of the defect. The Seller will respond within thirty days (Article 7a of the Consumer Law) to any other statement made by the Consumer that is not covered by the fourteen-day period specified in the Civil Code. Otherwise, the Seller is deemed to have recognized the Consumer's statement or request as justified.

 

The Seller is liable under the warranty if a physical defect is discovered within two years of the delivery of the item to the Consumer, or if the subject of the sale is a used item, within one year of the delivery of the item to the Consumer.

The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free item expires after one year, counting from the date the defect is discovered, but not earlier than two years from the delivery of the item to the Consumer, or if the subject of the sale is a used item, within one year from the delivery of the item to the Consumer. If the expiration date specified by the Seller or manufacturer for an item expires after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of the item discovered before the expiry of that period.

 

Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item. If the Consumer requested replacement of the item with a defect-free item or removal of the defect, the time limit for submitting the declaration shall run from the limitation period begins upon the ineffective expiration of the period for replacing the item or remedying the defect.

If one of the warranty rights is pursued before a court or arbitration tribunal, the period for exercising other rights to which the Consumer is entitled under the warranty is suspended until the proceedings are finally concluded. This also applies accordingly to mediation proceedings, with the limitation period for exercising other warranty rights to which the Consumer is entitled beginning on the date the court refuses to approve the settlement reached before the mediator or the ineffective conclusion of mediation.

• 5 points 15-16 apply to the exercise of warranty rights for legal defects of sold goods, provided that the period begins on the date on which the Consumer becomes aware of the defect, and if the Consumer becomes aware of the defect only as a result of a third party lawsuit, from the date on which the ruling issued in the dispute with the third party becomes final. If, due to a defect in the item, the Consumer has submitted a declaration of withdrawal from the contract or a price reduction, they may demand compensation for the damage they suffered by concluding the contract without knowing of the defect, even if the damage resulted from circumstances for which the Seller is not responsible. In particular, they may demand reimbursement of the contract conclusion costs, the costs of collecting, transporting, storing, and insuring the item, reimbursement of expenses incurred to the extent that they did not benefit from them and did not receive reimbursement from a third party, and reimbursement of legal costs. This does not prejudice the provisions on the obligation to repair damages under general principles.

The expiry of any deadline for identifying the defect does not exclude the exercise of warranty rights if the Seller fraudulently concealed the defect.

If the Seller is obligated to provide a service or financial benefit to the Consumer, it will perform it without undue delay, no later than the time limit prescribed by law. §6 Privacy Policy and Personal Data Security

The Personal Data Administrator is responsible for the lawful processing of personal data, the principles of collecting, processing, and storing personal data, and the Buyer's rights related to their personal data.

The Personal Data Administrator processes Buyers' personal data based on consent and in connection with the Seller's legitimate interests.

3. The Personal Data Administrator collects and processes personal data only to the extent justified by contractual or legal obligations.

The Buyer's consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.

5. For the purposes of fulfilling the Buyer's order, the following personal data is collected:

postal address – required to issue a proof of purchase;

delivery address – required to address the shipment;

e-mail address – required for communication related to the fulfillment of the order;

Telephone number – required when selecting certain delivery methods.

Detailed solutions regarding the protection of personal data related to placing an order, as well as using the store before and after placing an order, are included in the privacy policy.

• 7 Final Provisions

No provision of these Terms and Conditions is intended to violate the Buyer's rights. Nor may it be interpreted in this way, as in the event of any inconsistency of any part of the Terms and Conditions with applicable law, the Seller declares unconditional compliance with and application of such law in place of the challenged provision of the Terms and Conditions.

Registered Buyers will be notified of any changes to the Terms and Conditions and their scope by electronic means (to the email address provided during registration or ordering). Notification will be sent at least 30 days before the new Terms and Conditions come into effect. Changes will be made to align the Terms and Conditions with applicable law.

The current version of the Terms and Conditions is always available to Buyers in the Terms and Conditions tab (kuzniaszpeju.pl/regulamin). During order fulfillment and throughout the entire period of after-sales support, the Buyer is bound by the terms and conditions accepted by them when placing the order. Except when the Consumer deems them less favorable than the current terms and informs the Seller of their choice. In matters not regulated by these terms and conditions, the relevant applicable legal provisions shall apply. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or arbitration proceedings at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g., via the EU ODR online platform or by selecting any authorized entity from among the available ones. The Seller declares its intention and consents to an out-of-court resolution of the consumer dispute. Ultimately, the matter will be resolved by a court with local and subject-matter jurisdiction.