Terms and Conditions
of the www.komfort.pl and www.komfort.eu Websites
(Contract for the provision of electronic services)
Article 1.General provisions
1. Pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. No. 144, item 1204), Sklepy Komfort S.A. with its registered office in Łódź, 14 Srebrzyńska Street, postal code: 91-074 Łódź, entered into the register of entrepreneurs at the District Court for Łódź Śródmieście in Łódź, XX Commercial Division of the National Court Register under KRS number: 0000267428, share capital: PLN 85,418,228.14 (paid in full), NIP 8512991593, hereby establishes the Regulations for the provision of electronic services.
2. Details and correspondence address: 14 Srebrzyńska Street, 91-074 Łódź, e-mail address: sklep.internetowy@komfort.pl and shop@komfort.pl; tel. +48 42 214-45-00. As part of the www.komfor.pl Website, there is also a communicator for contact in the form of Komfort Livechat, which can be used to contact the Service Provider.
3. Making telephone connections by the Client with CC requires incurring costs by the Client for the benefit of the operator of publicly available telecommunications services within the meaning of the Telecommunications Law Act of 16 July 2004, whose services are used by the Client. The cost of calls is calculated according to the operator's tariffs of publicly available telecommunications services used by the Client. The price per minute and the settlement of the call depend on the operator's tariff used by the Client.
4. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Komfort Website, unless a given provision of the Terms and Conditions provides otherwise and is addressed only to consumers or only to entrepreneurs.
5. The Terms and Conditions are made available free of charge and continuously on the www.komfort.pl website and www.komfort.eu in a way that allows the Website Users to obtain, reproduce and record their content by printing and saving it on a durable medium at any time.
6. These Terms and Conditions specify:
1) types and scope of services provided,
2) terms and conditions for the provision of services,
3) the rules for the processing of personal data.
7. The rules for the processing of personal data contained in Article 11 of these Terms and Conditions define the rules for collecting, processing and using personal data obtained by the Service Provider.
Art. 2. Definitions
1. Website – the Komfort Website, which is a web application (Internet platform) available via a public network.
2. Service Provider – Sklepy Komfort S.A. with its registered office in Łódź.
3. Service Recipient – an adult person who voluntarily accepts the Terms and Conditions and uses the Website in accordance with its provisions.
4. Parties – the Service Provider and the Service Recipient, hereinafter jointly referred to as the Parties.
5. Seller – this term is used to describe the Service Provider to the extent that it is a Party to the Contract for the Sale of Goods or Services.
6. Partner – an entity cooperating with the Service Provider.
7. Discount Account – an individual "Komfort Club" account created at the request of the Service Recipient and available through the Website.
8. Catalogue of Benefits (hereinafter referred to as Benefits) – a set of jointly referred to discounts, offers, promotions, discounts and other privileges (individually referred to as the Benefit) or granted additionally/periodically by the Service Provider.
9. Online Store – a module of the Website run by the Service Provider available at the Internet addresses: www.komfort.pl and www.komfort.eu, enabling commercial transactions via the public network.
10. Stationary Stores – premises intended for commercial purposes with a physical location, enabling commercial transactions in a direct manner and available to all Customers.
11. Product – goods or services.
12. Client – an adult natural person with full legal capacity or a legal person or an organizational unit without legal personality, expressing the willingness to be bound by a Distance Sales Contract for a specific Product or bound by such a Contract with the Seller.
13. Guest – a Customer using the Online Store Services, without the need to log in to the Website through the Discount Account.
14. Consumer – a natural person concluding a legal transaction with the Service Provider as an entrepreneur that is not directly related to their business or professional activity.
15. Sales Agreement – a contract for the sale of a Product or Service concluded or concluded between the Customer and the Seller.
16. Order – the Client's declaration of intent submitted via the Order Form, aimed directly at concluding the Product Sales Agreement with the Seller.
17. Working day – one full day from Monday to Friday, excluding Saturdays and public holidays.
18. CC – Customer Service Office – Customer Service Office designated by the Service Provider, through which the Client may place an order during a telephone connection
19. Commercial information – any information intended directly or indirectly to promote goods, services or the image of an entrepreneur or a person practicing a profession, whose right to practice the profession depends on meeting the requirements set out in separate acts, excluding information enabling communication by means of electronic communication with a specific person and information about goods and services not intended to achieve the commercial effect desired by the entrepreneur. the entity that commissions its dissemination, in particular without remuneration or other benefits from manufacturers, sellers and service providers.
20. Discount Account Holder – a Service Recipient who has ordered and uses the Discount Account Service (Komfort Club).
21. Registration Form – a form available in the Online Shop enabling the creation of a Komfort Club Discount Account.
22. Order Form – is an electronic service, which is an interactive form available in the Online Store, enabling the placement of an Order, in particular by adding Products to the electronic cart and specifying the terms and conditions of the Sales Agreement, including the method of delivery and payment.
23. Discount Account – is an electronic service, which is a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information on the collected, used and available Benefits are collected, and has the functionalities specified in these Terms and Conditions.
24. Data profiling – any form of automated processing of personal data, which consists in the use of personal data to evaluate certain personal aspects of a natural person, in particular to analyse or forecast aspects concerning the performance of that natural person's work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
25. Terms and Conditions – these Terms and Conditions of the Komfort Website.
26. Provision of services by electronic means – performance of a service provided without the simultaneous presence of the Parties (remotely), through the transfer of data at the individual request of the Service Recipient, sent and received by means of electronic processing devices, including digital compression and data storage, which is entirely broadcast, received or transmitted by means of a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law.
27. 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 (General Data Protection Regulation).
Article 3. Services provided
1. Information service – consists in providing information posted on the Website requested by the Service Recipient, as well as data proposed by the Service Provider, including data tailored to the Service Recipient's interests. Browsing the Website content does not require registration. Information about the Products available in the Online Shop constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code.
2. Communication Service – consists in enabling the Parties to communicate at the individual request of the Service Recipient via the Website and its integrated tools dedicated to communication, including Contact Forms. Within the scope of this service, it is possible, m.in, to file complaints, as well as to send commercial information ordered by the Service Recipient by the Service Provider.
3. Newsletter service – consists in electronic promotion of the activities of the Service Provider and Partners and their Products currently available to Clients and is ordered by the Service Recipient.
4. Transaction Service – consists in the sale of goods and services of the Service Provider, on the terms and conditions specified in these Terms and Conditions.
5. Discount Account Service – a service consisting in granting discounts to Service Recipients within the Benefit Catalogue for purchases of goods made from the Seller and Partners, under the conditions specified in these Terms and Conditions.
Art. 4. Terms of Service
1. The Service Provider provides Services to the Service Recipient to the extent and on the terms and conditions specified in these Terms and Conditions.
2. The Service Recipient must first read and accept the terms and conditions of these Terms and Conditions. The Service Recipient undertakes to comply with these Terms and Conditions.
3. The Service Recipient is obliged to comply with the prohibition of misuse of electronic means of communication and the provision of the following content through or to the Service Provider's ICT systems:
1) causing disruption of the work or overload of the Service Provider's ICT systems or other entities directly or indirectly involved in the provision of services by electronic means,
2) inconsistent with generally applicable law,
3) violating the rights of third parties, generally accepted social or moral norms or violating good morals, offensive or violating anyone's dignity.
4) considered spam, used to conduct any commercial, advertising or promotional activity on the Website.
4. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily cease or limit the provision of Services, without prior notice to the Service User, and to carry out maintenance works aimed at restoring the security and stability of the ICT system.
5. The Service Provider shall not be liable for interruptions in the provision of Services resulting from failures or cases of malfunction of ICT systems beyond the Service Provider's control.
6. Notwithstanding the above, the Service Provider has the right to cease providing the Services at any time if such a justified request is submitted to it by the Internet provider or other authorized entity.
7. In order to properly use the Services, the Service Recipient should have an active e-mail account and computer hardware and software that meet the following minimum requirements:
1) the latest available version of the Microsoft Explorer, Microsoft Edge, Chrome, Firefox, Opera or Safari web browser,
2) monitor with a resolution of 1280x1024 px,
3) enabled support for Cookies, Java Script, ActiveX, Java applets,
and should also be able to make telephone calls from the Customer Service Office, made available by any operator providing public telecommunications services in Polish within the meaning of the Act of 16 July 2004 – Telecommunications Law (the minimum technical requirements for a telephone connection are a telephone equipped with tone dialing).
8. If the Service Recipient uses hardware and software that does not meet the technical requirements set out in point 7 above, the Service Provider does not guarantee the correct functioning of the application and reserves that this may have a negative impact on the quality of the Services provided.
Art. 5. Information service
1. Commencement of the provision of the service – The commencement of the use of the Website by the Service Recipient is tantamount to concluding an agreement for the provision of the Services listed in the Terms and Conditions without the need to draw up a separate Agreement.
2. Scope of the service – The Information Service is provided by the Service Provider as part of the Website by electronic means, within the scope of its business, also as part of cooperation with Partners, and concerns the promotion of goods and services available to Customers.
3. Termination of the service – the Service Recipient may terminate the use of the Service at any time. If the Service Recipient leaves the Website, the contracts for the provision of Services by electronic means are terminated automatically without the need to submit additional statements of the Parties.
Art. 6. Communication Service
1. Commencement of the provision of the service – the Service Recipient initiates communication at the moment of submitting an inquiry to the Service Provider via the Website within the available means of communication, including, m.in others, the contact form, and the Service Provider is entitled to provide feedback containing marketing and commercial content.
2. Scope of the service – The Communication Service is provided by the Service Provider at the request of the Service Recipient in the scope of providing information about the activities of the Service Provider and Partners and their Products currently available to the Clients.
3. Termination of the service – The service is terminated when either Party terminates communication without giving a reason.
Art. 7. Newsletter service
1. Commencement of the provision of the service – the Newsletter service agreement is concluded at the moment of providing the e-mail address in the registration field marked "Enter your e-mail address" (or equivalent) and confirming the service order with the "Subscribe" button.
2. Scope of the service – Within the provided e-mail address, the Service Provider will send information data of a commercial nature. These activities will be carried out for the benefit of the Service Provider and the activities of the Partners cooperating with the Service Provider. By ordering the Service, the person agrees to receive commercial and marketing information sent electronically with the use of telecommunications terminal equipment, as part of cyclical and ad hoc information data packages concerning news related to the activities of the Service Provider and Partners. Ordering the Service may be linked to a promotional offer communicated at a specific time by the Service Provider. In this case, the Service Recipient may be redirected to a website containing a discount code. The code is assigned to an e-mail address. Receiving the code entitles the Service Recipient to use it when making purchases, provided that the discount code does not apply to promotions, discounts and services, and the discounts cannot be combined.
3. Termination of the service – The Agreement is terminated when:
1) clicking on the link in the footer (at the bottom) of the message confirming the resignation from the Newsletter or,
2) receive a statement of resignation from the Newsletter from the Service Recipient,
3) receive an objection from the Service Recipient to the processing of their personal data for marketing purposes.
4. The declarations referred to in paragraph 3 letters b) and c) above are submitted to the following e-mail addresses: sklep.internetowy@komfort.pl and/or shop@komfort.pl
Art. 8. Online Shop Transaction Service
1. As part of the Transaction Service, Contracts for the Sale of Goods and Services are concluded between the Service Provider, who is also the Seller, and the Client. The Client may place orders for Products available in the assortment of the Online Store as a Discount Account Holder (registered Client) or as the so-called "Guest" (non-registered Client).
2. Product prices indicated on the Website, within the scope of the Online Store:
1) include VAT and are given in Polish zloty,
3. do not include delivery costs – delivery costs depend on the method of delivery of the Product to the Client, and the total cost of the order (i.e. the price of the Products together with the costs of delivery and the costs of Additional Services, if selected by the Client) is indicated in the basket before placing the order by the Client, in accordance with the order placement procedure described in these Terms and Conditions. The Service Provider reserves the right to make changes in the prices of Products on an ongoing basis and to carry out and cancel all kinds of promotional campaigns and sales. The right referred to in the previous sentence does not affect orders placed before the date of entry into force of the change in price, terms of promotional campaigns or sales.
4. Promotions in the Online Store cannot be combined with other promotions (including codes, coupons and discount cards, sales or discounts), unless the Terms and Conditions of a given promotion state otherwise. Promotions in the Online Store may be independent of promotions available in the Seller's Stationary Stores.
5. The Service Provider is not the manufacturer of the products offered.
6. The Transaction Service Agreement shall be concluded:
1) With regard to the Clients making purchases as a Guest, at the moment of confirming the order of goods by clicking the "Order with obligation to pay" button and sending by the Seller the acceptance of the order for execution to the Client's e-mail address indicated in the Order Form (note: the confirmation of registration does not constitute acceptance of the order for processing, but only constitutes information that the order has been placed).
2) With regard to the Clients who place an order via the Discount Account at the moment of confirming the order with the "I order with the obligation to pay" button and sending the order acceptance by the Seller to the Client's e-mail address indicated in the Client's Discount Account (note: the confirmation of registration does not constitute acceptance of the order for processing, but only constitutes information that the order has been placed).
3) With regard to the Clients who place orders by phone, at the moment of verbal confirmation of the order of goods and sending by the Seller the confirmation of accepting the order for execution to the Client's e-mail address indicated during the telephone conversation with CC (note: the confirmation of registration does not constitute acceptance of the order for execution, but only constitutes information that the order has been placed).
4) The act of placing an order by the Client until the confirmation of acceptance of the placed order for execution by the Service Provider is only an Offer to conclude the Agreement, submitted to the Service Provider by the Client. The Agreement is concluded at the moment of confirmation of the acceptance of the order for execution by the Service Provider or in the absence of confirmation of acceptance or rejection of the order by the Service Recipient within 7 days from the date of placing the order by the Client.
7. Scope of Service
1) In order to place an order, you should:
a) select the Product that is the subject of the order and specify its quantity, and then click the "Add to cart" button (or equivalent), and if you want to purchase several Products, this operation should be repeated for each of the selected Products,
b) after completing the process of selecting Products, go to the "Cart" and then:
- select any Additional Services associated with the Product,
- enter the obligatory Customer Data such as: Name, Surname, street, house and flat number, postal code, city, telephone number and e-mail address,
- choose the method of delivery of the Product and, if the selected method of delivery of the Product requires it - the type of shipment,
- if the order is picked up by the Customer in a Stationary Store - select the Komfort Store from the list where the order will be collected,
- if the order is delivered by a courier company, enter the details of the recipient of the order and the address to which the Product is to be delivered and the telephone number for contacting the courier,
- enter the invoice data, if they are different from the data for collecting the order,
- accept the Terms and Conditions of the Komfort Website, or log in to their Discount Account created on the Komfort Website,
- click the "Order with obligation to pay" button.
c) The Service Provider is entitled to enter the maximum number of pieces of a given Product covered by one order.
d) In the event that the Client orders at least 2 Products within one order, the order may be divided by the Service Provider into at least 2 (two) parts (hereinafter referred to as "Packages"). The Client shall be informed about the division of the order into Parcels in a message containing a confirmation of receipt of the order by the Service Provider, however, this does not result in an increase in the delivery costs of the ordered Products.
e) Immediately after placing an order, a message will be sent to the Client's e-mail address (the e-mail address indicated when placing an order in the case of unregistered Clients or made available on the Client's Discount Account in the case of registered Clients) about the receipt by the Seller of the order placed by the Client. If the execution of the order is not possible, an e-mail will be sent to the Client's e-mail address, no later than within 7 working days after placing the order, with information about the lack of acceptance of the order for processing, such information is tantamount to rejection of the Client's Offer. Lack of information about the inability to complete the order within the time limit indicated in the previous sentence is tantamount to the Seller's declaration of acceptance of the Offer and at that moment the Sales Agreement with the Customer is concluded.
f) In communication with the Client (e.g. in messages sent by the Seller confirming receipt of the order and with information about the lack of acceptance of the order for processing), the value of the ordered Products and delivery costs (depending on the form of delivery selected by the Client), as well as the costs of other additional Services ordered by the Client (if the Seller offers such additional Services) will be indicated as the value of the order and the customer orders them). The value of the order will indicate the total costs that the Client will be obliged to incur.
2) Payment terms
a) Details on the possibilities and methods of payment for the order are available in the tab under the link: www.komfort.pl/formy-platnosci or https://komfort.eu/st/payment_methods.
b) In the case of payment in advance, you must also pay for the order using one of the available payment methods.
c) Due to the specific nature of electronic payment systems, if the Client chooses advance payment as the payment method and does not make the payment within 5 days, the order placed by the Client will be cancelled.
d) The Client is not able to pay for part of the order in advance and for part of the order on delivery. The form of payment may depend on the quantity, type of Product and/or place of receipt of the order.
e) In the case of purchases with delivery to a place indicated by the Customer, VAT invoices will be issued in electronic form. The invoice will be possible to send in the current paper form, if the Client expresses such a desire by calling the Customer Service Office after placing the order.
f) In the case of purchases collected by the Client in the Service Provider's Stationary Store, the invoice will be available in paper form.
3) Product delivery
a) Delivery method
- Delivery of the subject of the order placed on the www.komfort.pl is possible only within the Polish, in the manner described in the tab under the link: www.komfort.pl/s/dostawa.
- Delivery of the subject of the order placed on the www.komfort.eu is possible in Polish, the Czech Republic, Germany and Slovakia in the manner described in the tab under the link www.komfort.eu/st/delivery and www.komfort.eu/cz/st/dodavka
- Transports are carried out by transport companies or by the Service Provider's own transport.
- In addition, the Customer www.komfort.pl have the option of collecting the ordered Products in one of the Stationary Stores belonging to the Service Provider, the addresses of which are indicated on the website: www.komfort.pl/sklepy. For orders placed in the online store www.komfort.pl with the option of personal collection, the time to collect the paid order is 7 days. You can pick up your order during the opening hours of the store you selected when placing your order. If the collection is not made in the store within the above-mentioned period, the store employee will contact the customer to explain the situation and call him to collect the order. Failure to collect the Product within this period may result in withdrawal from the agreement by Komfort SA Stores.
b) Delivery date
- The Service Provider places on the Website (Online Store) a www.komfort.pl and a www.komfort.eu presenting a given Product information about the number of working days within which the shipment with the subject of the order will be sent. This information is an approximate time counted from the moment of accepting the paid order for processing, to the moment of sending the subject of the order directly to the Client (via a courier company) or to the Komfort Store indicated by the Client.
- If the Client orders several products with different delivery times, the order will be shipped in accordance with the longest delivery time in the order. If the customer wants to receive products faster with a shorter delivery time, he should place a separate order for them.
- If you provide an incorrect or incomplete delivery address, you may extend the delivery time or prevent delivery.
-The order delivery date is the time counted from the date of crediting the Seller's bank account + the longest time needed for shipping from all items added to the cart + the time necessary for the order to be delivered by the carrier
- Komfort courier companies and store transport, through which delivery can be carried out, have their own regulations as to the method of delivery (including delivery, time and method of reporting possible damage to the shipment and other important issues) – detailed information in this regard can be found at: https://komfort.pl/s/dostawa and https://komfort.eu/st/delivery. If the delivered Product is delivered incomplete or damaged, the Client is obliged to report this circumstance to the courier.
8. Reviews in the Online Store
1) The Client of the Online Store has the possibility to voluntarily and free of charge leave a review regarding purchases made in the Online Store. The subject of the opinion may also be a rating, photo or review of a product purchased in the Online Store.
2) After making purchases in the Online Store, the Seller sends an e-mail to the Customer with a request to leave a review and a link to the online form enabling it to be issued – the online form allows answering the Seller's questions about purchases, their evaluation, adding their own description of the review and a photo of the purchased product. If no feedback is left after receiving the first invitation to leave a review, the Seller will resend the invitation.
3) A review can only be issued by a Customer who has made purchases in the Seller's Online Store.
4) Opinions issued by the Client are published by the Seller in the Online Store and on the business card of the TrustMate.io
5) Issuing an opinion may not be used by the Client for illegal activities, in particular for activities constituting an act of unfair competition against the Seller, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties
6) A review can only be issued for products actually purchased in the Seller's Online Store. It is forbidden to conclude fictitious/sham sales contracts for the purpose of leaving a review. The author of the opinion cannot be the Seller himself or his employees, regardless of the basis of employment
7) The opinion may be removed by its author at any time.
9. Conditions of complaints about Online Store Products
1) The Seller is responsible to the Client who is a Consumer for the compliance of the Product with the contract. In the event of non-compliance of the Product with the contract, the consumer is entitled to the rights specified in the generally applicable provisions of law, including Chapter 5a of the Act of 30 May 2014 on consumer rights. ..
2) Within 14 (fourteen) calendar days from the receipt of the complaint, the Seller will respond to the Client's complaint and notify the Client of the further procedure.
3) In order for the complaint to be considered by the Service Provider, the Client should provide the Service Provider with the Product or Products complained about together with a proof of purchase of this Product(s) from the Service Provider and indicate what the defect is and what the Client's request is. If, due to the type of item or the method of its installation, the delivery of the item by the Client would be excessively difficult, the Client should make the item available to the Seller in the place where the item is located. The Client may use the Complaint Form downloaded from the website https://komfort.pl/s/zwroty_i_reklamacje or https://komfort.eu/st/returns_and_complaints. The returned product is delivered by the Customer to any KOMFORT Stationary Store run by the Seller (the list of stores can be found at the link: http://www.komfort.pl/sklepy) or sent to the following address: Sklepy Komfort S.A., 1N Smolice Street, 95010 Stryków.
4) The Seller, resolving complaints in accordance with applicable law and taking into account the Consumer's requests, will replace the Product or repair it. The Seller may make a replacement when the Consumer requests a repair or may perform a repair when the Consumer requests a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract. The Consumer is also entitled to submit a statement on price reduction or withdrawal from the Agreement, in accordance with the provisions of the Act of 30 May 2014 on consumer rights, in cases where the Seller refused to replace or repair the Product, did not bring the Product into conformity with the contract within a reasonable time and without excessive inconvenience, and in accordance with other requirements indicated in Article 43d(4)-(6) of the Act of 30 May 2014 on consumer rights, despite the repair or replacement, the Product still remains inconsistent with the contract, the lack of conformity of the Product with the contract is so significant that it justifies a price reduction or withdrawal from the contract, without prior exercise of the right to replace or repair the Product, and moreover, when it is clear from the Seller's statement or circumstances that the Seller will not bring the goods into conformity with the contract. The consumer may withdraw from the contract if the lack of conformity of the goods with the contract is significant.
5) A Client who is a natural person purchasing a Product for a purpose directly related to its business activity (a Client who is not a consumer), if the content of the agreement indicates that it is not of a professional nature for this Client, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Business, has the right to file a complaint in accordance with the applicable in this respect of the provisions of law resulting from the Act of 30 May 2014 on consumer rights, including the principles indicated in points 1)-4) above.
6) Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the Client who is a consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office Competition and Consumer Protection: www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
7) The Consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: a request for settlement of the dispute to the permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and the assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. the Consumer Federation, the Association of Polish Consumers).
8) Pursuant to Article 14(1) of the 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 (Regulation on consumer ODR), we would like to kindly inform you that at the address http://ec.europa.eu/consumers/odr The European Commission has launched an online dispute resolution platform for consumers and traders at EU level (ODR platform).
10. Reimbursement of amounts due to Clients
1) The Seller shall refund the amount due immediately, but not later than within 14 calendar days in the case of:
a) exercising the right to withdraw from the Agreement by the Consumer,
b) withdrawal from the agreement by Sklepy Komfort SA due to the Client's failure to collect the order within the time specified in these Terms and Conditions,
c) withdrawal from the Agreement by the Client or demand a reduction in the price of the Product as a result of complaint proceedings in the event of non-compliance of the Product with the Agreement.
2) In the case referred to in points 1) a) and c) above, the Seller may withhold the return of payments received from the Consumer until the Consumer receives the Product back or provides a proof of sending the Product back, whichever occurs first.
3) In the situation referred to in point 1) above, the Seller will make the refund using the same method of payment as used by the Client, unless the Client who is a consumer has expressly agreed to another method of return that does not involve any costs for him.
4) Providing incorrect address or personal data or incorrect bank account number by the Client may cause delays in the process of returning the amount due to the Client.
11. Warranty Conditions
1) Products sold by the Seller may be covered by the warranty granted by the manufacturer or distributor. The Seller does not provide any warranty for any Products sold. The rights under the warranty must be exercised in accordance with the conditions specified in the warranty card.
2) In the case of a Product for which the manufacturer or distributor has provided a warranty, the Client may file a complaint about the product with defects:
a) exercising the rights resulting from the warranty granted – in this case, the Client complains about the Product directly to the guarantor (entity granting the guarantee), in accordance with the information included in the warranty card; the warranty does not exclude, limit or suspend the Client's rights resulting from the provisions on warranty for defects of the sold item,
b) using the rights vested in him under the warranty – in such a case a complaint should be filed in accordance with the provisions of section 9 above.
12. Withdrawal from the Sales Agreement
1) The Consumer who concluded the Distance Agreement may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in Article 33, Article 34 section 2 (the Consumer bears the direct costs of returning the item), and Article 35 (the Consumer is obliged to pay for the services provided until the moment of withdrawal from the Agreement) of the Act of 30 May 2014 on consumer rights. To meet the deadline, it is sufficient to send the statement before its expiry. A statement of withdrawal from the Agreement may be made, for example:
a) in writing to the Seller's address: Sklepy Komfort S.A., 14 Srebrzyńska Street, 91-074 Łódź,
b) in electronic form via e-mail to the following address: sklep.internetowy@komfort.pl or shop@komfort.pl,
c) in any Stationary Store; the list and addresses of Stationary Stores can be checked on the website www.komfort.pl/sklepy by entering the appropriate location.
2) An example of the withdrawal form is included in Appendix No. 2 to the Act on Consumer Rights and is additionally available on the website of the Online Store in the "Returns and complaints" tab, under the link https://komfort.pl/s/zwroty_i_reklamacje or https://komfort.eu/st/returns_and_complaints. The consumer can use the form template, but it is not obligatory.
3) The time limit for withdrawal from the Agreement shall commence:
a) for the Agreement under which the Seller hands over the item, being obliged to transfer its ownership (e.g. the Sales Agreement) – from taking possession of the item by the Consumer or a third party indicated by the Consumer other than the carrier, and in the case of the Agreement which: covers many items that are delivered separately, in batches or in parts – from taking possession of the last item, batch or part, or consists in regular delivery of goods for a definite period of time – from taking possession of the first item,
b) for other agreements – from the date of conclusion of the Agreement.
4) In the event of withdrawal from the Distance Agreement, the Agreement shall be deemed not to have been concluded.
5) The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the agreement, return to the Consumer all payments made by the Consumer, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Client other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as the one used by the Consumer, unless the Consumer has expressly agreed to another method of reimbursement that does not involve any costs for the Consumer. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the return of payments received from the Consumer until he receives the Product back or the Consumer provides proof of sending it back, whichever occurs first.
6) The Consumer is obliged to immediately, not later than within 14 calendar days from the date of withdrawal from the Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry. The Consumer may return the Product to the following address: Sklepy KOMFORT S.A., Smolice 1N, 95-010 Stryków or hand it over in any Stationary Store belonging to the Seller. The list and addresses of Stationary Stores can be checked on the website http://www.komfort.pl/sklepy by entering the appropriate location.
7) The returned goods should be properly secured for the duration of transport, must not bear any signs of use other than necessary to determine the nature, features and functioning of the item, damage, and should be returned with complete equipment and accessories as well as documentation issued upon sale.
8) The consumer bears the direct costs of returning the item.
9) The Consumer is responsible for the decrease in the value of the item resulting from using it in a way that goes beyond what is necessary to determine the nature, features and functioning of the item, unless the Seller has not informed the Consumer about the right to withdraw from the Agreement.
10) Possible costs related to the Consumer's withdrawal from the Agreement, which the Consumer is obliged to incur:
a) If the Consumer has chosen a method of delivery other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.
b) In the case of an item constituting a service, the performance of which – at the express request of the Consumer – began before the expiry of the deadline for withdrawal from the Agreement, the Consumer who exercises the right to withdraw from the Agreement after submitting such a request, is obliged to pay for the services provided and the Products used until the moment of withdrawal from the Agreement. The amount of payment is calculated in proportion to the scope of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance performed.
11) The consumer does not have the right to withdraw from a distance contract in relation to contracts:
a) provision of Services, if the Seller has fully performed the Service with the express consent of the consumer, who has been informed before the commencement of the provision that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement,
b) in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement,
c) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to meet his individual needs, e.g. in which the subject of the service is a product with properties specified according to the specification by the Client in the order placed by the Client - e.g. doors or floor coverings cut, woven, printed according to the pattern provided by the Client, sewn according to the Client's order or ordered in non-standard dimensions, oversized, according to individual customer orders,
d) in which the subject of the service is an item that is subject to quick deterioration or has a short shelf life,
e) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygienic reasons, if the packaging has been opened after delivery,
f) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
g) in which the Consumer has expressly requested that the Seller come to him for urgent repair or maintenance – if the Seller additionally provides Services other than those requested by the Consumer or provides Products other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional Services or Products.
13. Provisions concerning entrepreneurs:
1) This paragraph 13. of the Terms and Conditions and the provisions contained therein apply only to Clients who are not Consumers at the same time.
2) In the case of Clients who are not Consumers at the same time, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the payment method selected by the Client in the Order Form and the fact of concluding the Sales Agreement.
3) The Seller has the right to withdraw from the Sales Agreement concluded with the Client who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims against the Seller on the part of the Client who is not a Consumer.
4) The Client who is not at the same time a Consumer is obliged to perform their obligation under the Sales Agreement (i.e. in particular to pay the price and collect the Product) immediately, no later than within 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5) The Products which are the subject of the Sales Agreement concluded with the Customer who is not also a Consumer remain the property of the Seller until the price and delivery costs are paid under the Sales Agreement.
6) Upon the Seller's release of the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Client who is not a Consumer. In such a case, the Seller shall not be liable for any loss, deficiency or damage to the Product arising from its acceptance for transport until it is handed over to the Client and for any delay in the delivery of the shipment.
7) If the Product is sent to the Client via a carrier, the Client who is not also a Consumer is obliged to examine the parcel in the time and in the manner accepted for shipments of this type. If it finds that the Product has been lost or damaged during transport, it is obliged to take all actions necessary to determine the carrier's liability.
8) Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Client who is not a Consumer is excluded.
9) In the case of Clients who are not Consumers, the Service Provider may terminate the Agreement for the provision of Services by electronic means with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
10) The Seller's liability towards the Client who is not a consumer at the same time, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the price paid and the costs of delivery under the Sales Agreement. The Seller shall be liable to the Client who is not at the same time a Consumer only for typical damages foreseeable at the time of conclusion of the Agreement and shall not be liable for lost profits in relation to the Client who is not at the same time a Consumer.
11) Any disputes arising between the Service Provider and the Service Recipient who is not a Consumer shall be submitted to the court competent for the Service Provider's registered office.
14. Termination of Service
1) The Sale Agreement expires upon its performance.
2) In the case of the Sale of the Service, the Agreement expires upon its mutual performance or in accordance with additional arrangements of the Parties.
Art. 9. Discount Account Service (Komfort Club)
1. In order to register for a Discount Account, one must fill in the Registration Form, providing: name, surname, e-mail address, access password and accept the Terms and Conditions of the Komfort Website. Optionally, it is possible to fill in other data, such as a phone number. It is also possible to order registration at Customer Service points in Stationary Stores or by phone by contacting Customer Service. In the case of ordering registration in stationary stores and Customer Service, the Client receives an e-mail with a link enabling the setting of a password, which is a necessary condition for completing the registration and creating a Discount Account. After registering on the Discount Account, each login takes place using the data provided in the Registration Form.
2. Commencement of the service:
1) The agreement for the provision of the service of maintaining the "Komfort Club" discount account is concluded at the moment of:
a) the Service Recipient registers a Discount Account on the Komfort Website or in the case of a registration order,
b) the Service Recipient accepts the Terms and Conditions of the Komfort Website electronically and sets the password to the Discount Account.
2) By registering, the Client concludes a Contract with the Service Provider for the provision of electronic services aimed at maintaining a Discount Account by the Service Provider on the terms and conditions specified in these Terms and Conditions.
3) Logging in to the Online Store takes place by entering the e-mail address and password provided during the registration of the Discount Account in the Login Form. The data provided during the account registration can be changed after logging in to the discount account (the "My Account" or "Account Management" tab).
4) The Service User may withdraw from the agreement within 14 days from the date of its conclusion. In such a case, the conditions set out in Article 8(12) of these Terms and Conditions will apply, with the exception of provisions concerning movables that are the subject of sale.
3. Scope of service
1) Having a Rebate Account allows you to obtain Benefits in connection with commercial transactions to the extent and on the terms specified by the Service Provider.
2) The discount account allows you to obtain Benefits in transactions made through the Online Store and made in the Service Provider's and Customer Service Stores, as well as its Business Partners.
3) By making a transaction in the Online Store via the Discount Account, the Service Recipient accepts the terms and conditions of the transaction service in accordance with these Terms and Conditions of the Komfort Website.
4) The Service Provider has the right to update the Advantages offered on an ongoing basis. These changes do not affect the Benefits that the Discount Account Holder used before the update.
5) The use of the Discount Account allows you to use the Benefits, information about which and detailed conditions can be found on the individual user account. For general information about Benefits, please visit the https://komfort.pl/s/klub-komfort or https://komfort.eu/st/komfort-club page.
6) To use a Discount Coupon, you need to select the appropriate Discount Coupon in the cart or enter the code content in the appropriate place. Choosing a discount coupon requires logging in to your Discount Account. In a stationary store and when shopping by phone, you must enter the name of the discount coupon.
7) The use of the Benefits provided by the Service Provider requires maintaining an account through which transactions can be settled in order to offer a specific Benefit on an individual discount account. Maintaining a Discount Account is necessary to settle the Benefits granted to the Service Recipient, the Discount Account Holder.
8) The benefits that the Discount Account Holder receives are only available to this Holder and cannot be transferred to other persons, unless otherwise stated in the Service Provider's offer.
9) Within the scope of proper performance of the Agreement, the Service Provider is obliged to inform the Discount Account Holder about the possibility of purchasing goods enabling the Benefit in the form of discounts, discounts, including the conditions for obtaining discounts and applicable promotions.
10) Information about Benefits may also apply to transactions (purchase of the Product) made with the Service Provider's Business Partners, in accordance with point 2 above, therefore the Service Provider will also inform the Service Recipient about the possibility of obtaining Benefits under the discount account also in this respect. An updated list of Partners is available at: https://komfort.pl/s/klub-komfort and https://komfort.eu/st/komfort-club.
11) If the Products covered by the promotion offered under the Discount Account are covered by another promotion offered by the Service Provider (in particular those listed in the so-called promotional leaflet or other marketing materials or marked with the Product Triad label: "So CHEAP!", "So GOOD!", "So EXTRA!"), then the terms and conditions of the promotion offered under the Discount Account do not apply, unless the terms and conditions of the promotion granted under the Discount Account provide otherwise.
12) In order to properly perform the Agreement in terms of information about available goods enabling the Benefit and to send adequate information (minimization of content), the Discount Account Holder receives information tailored to his possible consumption preferences using such characteristics as gender, age, demographic data, geographical data, purchase history, history of activity on the website is conditioned by undertaking data profiling activities (in accordance with the mechanism of the Discount Account Benefit). profiling).
13) The Service Provider may offer individualized promotional discounts to the Discount Account Holder determined on the basis of transaction data (purchase history).
14) The Discount Account Holder is informed about the available goods and services enabling the Benefit (current discounts) within information channels such as electronic communication in the form of SMS, MMS, e-mail, push messages and by phone (during a phone call) and also via the Discount Account (in the scope of information made available within the individual account), as a default setting. Communication is carried out via telecommunications terminal equipment.
15) Information on benefits, promotions and discounts offered to Discount Account Holders may also be posted in Stationary Stores (in advertising materials prepared by the Service Provider).
16) The configuration of the Discount Account allows you to select the communication channel, whereby due to the possibility of providing the Service, at least one communication channel is required (the Service and related communication is provided only electronically and by telephone – by phone call or SMS).
17) In order to enable the Discount Account Holder to control the benefits provided, the Service Provider is obliged to ensure that the Discount Account has additional functionalities related to the possibility of making transactions through the Account and transaction management, where it has access to: (a) information about transactions made, (b) information about discounts obtained, (c) transaction records, d) information about the current sum of the transaction value. In addition, the Discount Account Holder can monitor the status of their orders through the Account, add Products to the cart, add Products to the clipboard, view the Products in the cart and clipboard until they are removed from the Online Store.
18) The Service Provider is obliged to maintain the Discount Account as part of the IT infrastructure, which will be made available 24 hours a day, at the Service Provider's expense, taking into account the costs related to the use of appropriate software, its service and maintenance, including the provision of the required disk space. The Service Provider is obliged to maintain the availability of the Account via the public network with the exceptions indicated in these Terms and Conditions.
19) The Discount Account Holder (having legal personality or being an organizational unit without legal personality) represents and guarantees that the Persons acting on their behalf and on their behalf through the Discount Account are duly authorized to perform such activities at the time of taking any actions.
20) The Service Provider is entitled to block the Discount Account if the Account Holder's action violates the generally applicable provisions of law, the rights of third parties, including their personal rights, the principles of social coexistence or the provisions of these Terms and Conditions. The Account Holder will be notified of the intention to block the Discount Account via e-mail.
21) The login and password to the Discount Account are confidential information for the sole use of the Discount Account holder. The Discount Account Holder is obliged to keep the login and password to their Account secret. The Service Provider shall not be liable for any actions related to the use of the login and password to the account if the Discount Account Holder has made this information available to third parties or has not properly secured the login and password against access by third parties, and as a result of this action damage is caused by these third parties.
22) As part of the contract for the provision of the "Komfort Club" Discount Account service, the Service Recipient agrees to transfer their data in the form of an e-mail address, order number and identifiers of purchased products to the Ceneo.pl website. In the case of an invitation to leave an opinion on the Ceneo.pl website, an online survey form will be sent to the Service Recipient's e-mail address by Ceneo.pl sp. z o. o. Each survey is one-time, i.e. it allows for the assessment of a given transaction only once. Reviews given by the Client using the Ceneo.pl form are published on the Ceneo.pl website.
4. Termination of Service
1) The Discount Account Holder may terminate the Discount Account Agreement with immediate effect by submitting a statement on the termination of the Agreement. The Discount Account Holder may submit a statement via e-mail to the following address: sklep.internetowy@komfort.pl or shop@komfort.pl with the following exemplary content: "I hereby declare that I terminate the agreement for maintaining the Discount Account of the Komfort Club maintained by Sklepy Komfort S.A. with its registered office in Łódź, [Name and surname], [additional data identifying the Service Recipient, e.g. telephone number, e-mail address, if made available to the Service Provider is different, than the one from which the statement was sent]". The holder of a discount account may also submit a statement in a stationary store in writing (for evidence purposes) through a Store employee and by phone by contacting the KOMFORT Contact Center (tel. +48 42 214-45-00 or +420 210 023 037).
2) The Service Provider has the right to block or delete the Discount Account of the Discount Account Holder in a situation where he grossly and repeatedly violates the provisions of these Terms and Conditions and acts in a manner contrary to the generally applicable law aimed at harming the Service Provider and acts in a manner contrary to the principles of social coexistence, custom, as well as in the event of providing false data during the registration procedure.
3) The Service Provider has the right to suspend or terminate the provision of Services by electronic means at any time without indicating the reason, upon prior notification to the Discount Account Holder, which will take place at least 30 days before the planned termination of the provision of Services, together with an indication of the date by which the Benefits available under the Benefit Catalogue can be realized.
Art. 10. Complaint procedure regarding the functioning of the Website
1. The Service Recipients have the right to lodge complaints in matters related to the issues regulated by these Terms and Conditions and the functioning of the Website. Complaints may be submitted in writing to the address of the Service Provider's registered office: Sklepy Komfort S.A. with its registered office in Łódź, 14 Srebrzyńska Street, postal code: 91-074 Łódź, via the hotline at +48 42 214-45-00, using the e-mail address: sklep.internetowy@komfort.pl or shop@komfort.pl or the contact form available on the website https://komfort.pl/contact and https://komfort.eu/contact. Complaints regarding the Products may be submitted pursuant to Article 8(10) of the Terms and Conditions.
2. A properly submitted complaint should contain at least the following data:
1) designation of the Service Recipient (name, surname/business name, address, e-mail address) and the Service Provider,
2) a description of the problem which is the basis for filing the complaint (the subject of the complaint, the circumstances justifying the complaint).
3. Complaints will be considered immediately, no later than within 30 days of their receipt. The deadline from the previous sentence does not apply to complaints involving the demands of Consumers using the Online Store's transactional service – such complaints within the scope of Sales Agreements are subject to the provisions concerning complaints about the Online Store's transactional service in accordance with Article 8(9) of the Terms and Conditions.
4. Acceptance and consideration of complaints is free of charge.
Art. 11. Principles of personal data processing
1. Data collection
1) Information made available directly and voluntarily by the Service Recipient as part of the use of the Website's functionalities, i.e. Contact Form, Newsletter subscription, Order Form, Discount Account Form. The consequences of not providing data are the inability to use a specific Service.
2) Information obtained automatically during the Service Recipient's use of the Website in accordance with the Privacy Policy available on the Website https://komfort.pl/s/polityka_prywatnosci and https://komfort.eu/st/privacy-policy. When deciding to consent to the use of cookies, the Privacy Policy was made available to each Service Recipient when the website was first displayed.
3) Statistical information – the Service Provider collects data such as the number of visits to the Website, country, browser, time of visit. This data is collected using third-party technology solutions. Please familiarize yourself with the Google Analytics solutions currently in use.
2. Information obligation
1) The Service Provider is the administrator of personal data in the scope of personal data obtained as part of the communication service, Newsletter service, Product sale service (regardless of whether the goods were purchased in Stationary Stores, Online Store as a "Guest" or Discount Account Holder) and Discount Account Maintenance Service.
2) The contact details of the Data Protection Officer are: odo@komfort.pl.
3) Within the scope of providing the Communication Service:
a) Purpose of processing – conducting communication initiated by the Service User.
b) Legal basis – Article 6(1)(f) of the GDPR (processing is carried out on the basis of the legitimate interest pursued by the Controller, which is the commercial activity, including the promotion of goods).
c) Period of processing – The Data will be processed until the purpose for which it was collected ceases to exist or the data subject objects, whichever occurs first.
4) Within the scope of the Newsletter Service:
a) Purpose of processing – conducting information communication at the request of the Service Recipient in accordance with the scope described in these Terms and Conditions.
b) Legal basis – Article 6(1)(a) of the GDPR (processing is performed on the basis of the consent expressed to receive commercial information by the Service Recipient).
c) Period of processing – The Data will be processed until the purpose for which it was collected ceases to exist or the data subject objects, whichever occurs first.
5) Within the scope of the Transaction (sale) Service:
a) Purpose of processing – performance of the Sales Agreement (applies to transactions made in Stationary Stores and made as a user of the Website in the Online Store as a "Guest" (one-time order) or Discount Account Holder.
b) Legal basis – Article 6(1)(b) and (c) of the GDPR (processing is necessary for the performance of the Agreement to which the data subject is a party or to take action at the request of the data subject prior to the conclusion of the Agreement and processing is necessary for compliance with a legal obligation to which the Controller is subject).
c) Period of processing – the Data will be processed for a period of 6 years after the performance of the Agreement (limitation of claims),
6) Within the scope of the Discount Account maintenance service:
a) Purpose of processing – implementation of the provisions of these Terms and Conditions in the scope of maintaining the Discount Account.
b) Legal basis – Article 6(1)(b) and (c) of the GDPR (processing is necessary for the performance of the Agreement).
c) Period of processing – The Data will be processed for a period of 6 years after the performance of the Agreement (limitation of claims).
7) The legal basis for the personal data obtained may also be the consent of the data subject (in accordance with Article 6(1)(a) of the GDPR) if it is given by the Service User. Everyone has the right to withdraw their consent to the processing of personal data, which they have given to the Administrator. Withdrawal of consent does not affect the lawfulness of the processing that was carried out before its withdrawal.
8) The recipients of the data may be entities supporting the Administrator's business processes, providing hosting, IT, accounting, legal and debt collection services. The data may also be made available at the request of authorized bodies or institutions, including state bodies or institutions.
9) Everyone has the right to request the Administrator to access personal data, rectify it, delete it, limit its processing, as well as the right to transfer data and object to the processing.
10) The Service Provider shall provide the data subject with information on the actions taken in relation to the request (request) without undue delay (no later than within one month) from the receipt of the request (request) of the data subject. If necessary, this period may be extended by a further two months due to the complexity of the request or the number of requests. Within one month of receipt of the request, the Service Provider shall inform the data subject of such extension of the deadline, stating the reasons for the delay. If the data subject has submitted his/her request electronically, the information will also be transmitted electronically if possible, unless the data subject requests otherwise.
11) Everyone has the right to lodge a complaint with the Supervisory Authority [President of the Office for Personal Data Protection – 2 Stawki Street, 00-193 Warsaw].
12) If the Service User becomes aware of a data breach, the Service Recipient should immediately notify the Service Provider in order to enable the Service Provider to take the necessary actions. Notwithstanding the above, in the event that a personal data breach may result in a high risk to the rights and freedoms of natural persons, the Service Provider shall notify the data subject of such breach without undue delay.
13) Any rights of the data subject may be exercised by submitting a statement using the contact details of the Administrator or the Data Protection Officer indicated in these Terms and Conditions.
Art. 12. Final provisions
1. The Seller makes every effort to ensure that the Services provided within the Website are at the highest level, however, the Service Provider does not exclude the possibility of temporary suspension of the availability of the Website in the event of the need to carry out maintenance, inspection, replacement of equipment or in connection with the need to modernize or expand the Website, as well as failures beyond the control of the Seller.
2. It should also be taken into account that mail server administrators may block the sending of messages to the e-mail address indicated by the Client, as well as that the software installed on the computer used by the Recipient may cause the deletion or blocking of e-mail messages. In the event of such events concerning difficulties with receiving information sent from the Website, in particular from the Online Store, we recommend verifying the settings specified by the administrators of mail servers and the settings specified by the installed software.
3. Individual computer settings may cause differences between the visualization of the Product on the Service Recipient's computer and the actual appearance of the Product (color, proportions, etc.).
4. The Service Provider shall not be liable for the Service Recipient's use of the Website in a manner contrary to the law and the provisions of these Terms and Conditions.
5. The Service Recipient shall be fully responsible for any consequences resulting from improper completion of the Website forms by the Service Recipient, in particular consisting in the provision of incorrect or untrue data by the Service Recipient.
6. The prices listed in the Online Store are not the prices applicable in Stationary Komfort Stores and are not subject to additional discounts and promotions that may be valid at a given time in Stationary Komfort Stores.
7. In matters not covered by the Terms and Conditions, the provisions of the Polish law shall apply, in particular the Act of 23 April 1964 on the Civil Code and the provisions of the Act of 30 May 2014 on consumer rights and the Act of 18 July 2002 on the provision of electronic services.
8. All Product names placed on the Online Store's website are used for identification purposes and may be protected and reserved under the provisions of the Act of 30 June 2000 Industrial Property Law.
9. Any disputes arising between the Client who is not a Consumer within the meaning of the provisions of the Civil Code and the Seller will be settled by the court having jurisdiction over the Seller's registered office.
10. The Service Provider reserves the right to unilaterally amend these Terms and Conditions for important reasons, including:
1) repealing, amending or introducing new provisions of law or issuing a decision by relevant authorities or state institutions applicable to the Service Provider and affecting its operations;
2) change of the current ones, introduction of new ones or resignation by the Service Provider from offering certain Services or Products.
11. The Service Provider also reserves the right to:
1) changes to the data contained within the Website,
2) changes in the technical parameters of the Website,
3) temporary or permanent limitation of the availability of the Website,
4) complete withdrawal of the Website on the terms set out in these Terms and Conditions.
12. Amendments to the Terms and Conditions do not infringe the acquired rights of the Service Recipient, which in particular means that orders placed by the Service User before the amendments to the Terms and Conditions come into force are executed in accordance with the existing provisions of the Terms and Conditions.
13. In the event of concluding Continuous Agreements on the basis of these Terms and Conditions (e.g. maintaining an account as part of the provision of electronic services), the amended Terms and Conditions shall be binding on the Service Recipient if the Service User has been properly notified of the changes and the Service User has not terminated the Agreement for the provision of continuous Electronic Services within 14 days from the date of notification.
14. The court competent for settling disputes arising from the functioning of the Website or concluded Sales Agreements shall be the court competent for the Service Provider's registered office. The previous sentence does not apply to Consumers in a dispute with whom the jurisdiction of the court results from the provisions of the Act of 17 November 1964. Code of Civil Procedure.
15. In the event of the Service Provider's transfer of rights to the Website to another entity, the Service Recipients who are not Consumers agree to the purchaser of the Website assuming all rights and obligations of the Service Provider arising from the operation of the Website, including the rights and obligations arising from the Agreements concluded with the use of the Website. Service Recipients who are Consumers will be asked to consent to the above assignment, failure to give consent within the time limit set by the Service Provider will mean termination of the Agreement with notice indicated by the Service Provider, not shorter than 14 days. The Service Recipients will be notified of the transfer of rights by posting a message on the Website containing information about the change of the Website owner and maintaining this information for a period of at least 14 consecutive calendar days. In addition, Service Recipients who have a Discount Account will be notified by the Service Provider of the above-mentioned assignment by posting a message about it on their Account.
16. The Terms and Conditions enter into force on 07.06.2024
