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ONLINE STORE TERMS AND CONDITIONS OF KALANTO.PL
TABLE OF CONTENTS:
1.GENERAL PROVISIONS
2.ELECTRONIC SERVICES IN THE ONLINE STORE
3.TERMS OF CONCLUDING A SALES CONTRACT
4.METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5.COST, METHODS AND TIME LIMITS OF DELIVERY AND COLLECTION OF THE PRODUCT
6.COMPLAINT HANDLING PROCEDURE
7.OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
8.RIGHT OF WITHDRAWAL FROM THE CONTRACT
9.PROVISIONS CONCERNING ENTREPRENEURS
10.PRODUCT REVIEWS
11.ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
12.FINAL PROVISIONS
13.MODEL WITHDRAWAL FORM
These Online Store Terms and Conditions were prepared by the lawyers of Prokonsumencki.pl. The Online Store www.kalanto.pl cares about consumer rights. The consumer may not waive the rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. The provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under absolutely binding provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of any inconsistency of the provisions of these Terms and Conditions with the above provisions, those provisions shall prevail and must be applied.
1.GENERAL PROVISIONS
The Online Store available at www.kalanto.pl is operated by KALANTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Tarnowskie Góry (registered office and address for service: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry), entered in the register of entrepreneurs of the National Court Register under KRS number 0001167701; the registration court where the company documentation is kept: Sąd Rejonowy w Gliwicach, X Wydział Gospodarczy Krajowego Rejestru Sądowego; NIP 6452593013, REGON 541470362; share capital in the amount of: PLN 5,000.00; e-mail address: kontakt@kalanto.pl, phone number: +48 573 830 180. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise. The controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the bases and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains in particular the principles regarding the processing of personal data by the Controller in the Online Store, including the bases, purposes and period of processing personal data and the rights of the persons whose data are concerned, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (concluding a contract and the Seller’s statutory obligations). Definitions: DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, pp. 1–102). BUSINESS DAY – one day from Monday to Friday excluding statutory public holidays. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placing of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Contract, including the method of delivery and payment. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Contract with the Seller. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 as amended). ACCOUNT – an Electronic Service, 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 data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, new items and promotions in the Online Store. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with European Union law or the law of any Member State which is in compliance with European Union law, regardless of the specific subject matter or nature of that law. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Contract between the Customer and the Seller. TERMS AND CONDITIONS – these Online Store terms and conditions. ONLINE STORE – the Service Provider’s online store available at: www.kalanto.pl. SELLER, SERVICE PROVIDER – KALANTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Tarnowskie Góry (registered office and address for service: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry), entered in the register of entrepreneurs of the National Court Register under KRS number 0001167701; the registration court where the company documentation is kept: Sąd Rejonowy w Gliwicach, X Wydział Gospodarczy Krajowego Rejestru Sądowego; NIP 6452593013, REGON 541470362; share capital in the amount of: PLN 5,000.00; e-mail address: kontakt@kalanto.pl, phone number: +48 573 830 180. SALES CONTRACT – a contract for the sale of a Product concluded or concluded between the Customer and the Seller via the Online Store. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended). ORDER – the Customer’s declaration of intent made using the Order Form and aimed directly at concluding a Sales Contract for a Product with the Seller.
2.ELECTRONIC SERVICES IN THE ONLINE STORE
The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter. Account – use of the Account is possible after completing a total of three consecutive steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Create account” field and (3) confirming the willingness to create an Account by clicking the confirmation link automatically sent to the provided e-mail address. In the Registration Form, the Service Recipient must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and the NIP number. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@kalanto.pl or in writing to: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing the Order occurs after the Customer performs a total of two consecutive steps – (1) after completing the Order Form and (2) clicking the “Confirm purchase” field on the Online Store website after completing the Order Form – until that moment it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact phone number and data concerning the Sales Contract: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the NIP number. The Electronic Service Order Form is provided free of charge and is one-time in nature and ends upon placing the Order via it or upon earlier cessation of placing the Order via it by the Service Recipient. Newsletter – use of the Newsletter occurs after entering, in the “Newsletter” tab visible on the Online Store website, the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the “Send” field. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account – upon creation of the Account, the Service Recipient is subscribed to the Newsletter. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@kalanto.pl or in writing to: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) a web browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling in the web browser the ability to save Cookies and support Javascript. The Service Recipient is obliged to use the Online Store in a manner consistent with law and good morals, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing unlawful content, including Illegal Content. The complaint procedure regarding Electronic Services is indicated in point 6 of the Terms and Conditions.
3.TERMS OF CONCLUDING A SALES CONTRACT
The conclusion of the Sales Contract between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions. The price of the Product or remuneration for the Product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store pages about the total price or remuneration including taxes, and when the nature of the Product does not allow, reasonably assessing, for their amount to be calculated in advance – about the manner in which they will be calculated, as well as about delivery costs (including fees for transport, delivery or postal services) and about other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, including during placing the Order and at the moment the Customer expresses the will to be bound by the Sales Contract. Procedure for concluding a Sales Contract in the Online Store using the Order Form The conclusion of the Sales Contract between the Customer and the Seller occurs after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by sending the Customer an appropriate e-mail message to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statements on receipt of the Order and its acceptance for processing and confirmation of concluding the Sales Contract. Upon receipt by the Customer of the above e-mail message, the Sales Contract between the Customer and the Seller is concluded. Fixing, securing and making available to the Customer the content of the concluded Sales Contract takes place by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Terms and Conditions. The content of the Sales Contract is additionally fixed and secured in the Seller’s Online Store IT system.
4.METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
The Seller makes the following methods of payment under the Sales Contract available to the Customer: Cash payment upon personal collection. Cash on delivery payment upon receipt of the shipment. Payment by bank transfer to the Seller’s bank account. Electronic payments and payment card payments via Przelewy24.pl – the currently available payment methods are specified on the Online Store website in the information tab concerning payment methods and on the websites: https://www.przelewy24.pl/ Settlements of transactions with electronic payments and payment cards are carried out, according to the Customer’s choice, via Przelewy24.pl.Electronic payments and payment card payments are handled by: Przelewy24.pl – PayPro S.A. with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered in the register of entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, share capital: PLN 4,737,100.00, NIP 7792369887, REGON 301345068. Payment deadline: In the event the Customer chooses payment by bank transfer, electronic payments or payment by payment card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Contract. In the event the Customer chooses cash payment upon personal collection or cash on delivery payment upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the Product.
5.COST, METHODS AND TIME LIMITS OF DELIVERY AND COLLECTION OF THE PRODUCT
Delivery of the Product to the Customer is payable unless the Sales Contract provides otherwise. The costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the information tab concerning delivery costs and during placing the Order, including at the moment the Customer expresses the will to be bound by the Sales Contract. Personal collection of the Product by the Customer is free of charge. The Seller makes the following delivery or collection methods available to the Customer: Courier shipment, cash-on-delivery courier shipment. Shipment with collection at a parcel locker. Pallet shipment. Personal collection available at: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry – on Business Days, from 08:00 to 16:00.The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is given in the description of a given Product or during placing the Order. In the case of Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is calculated as follows: In the event the Customer chooses payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account or settlement account.
In the event the Customer chooses cash on delivery payment – from the date of concluding the Sales Contract.
Readiness time of the Product for collection by the Customer – in the event the Customer chooses personal collection, the Product will be ready for collection by the Customer within up to 5 Business Days, unless a shorter time is given in the description of a given Product or during placing the Order. In the case of Products with different readiness times for collection, the readiness time is the longest specified time, which, however, may not exceed 5 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the readiness time of the Product for collection by the Customer is calculated as follows:
In the event the Customer chooses payment by bank transfer, electronic payments or payment card – from the date of crediting the Seller’s bank account or settlement account.
In the event the Customer chooses cash payment upon personal collection – from the date of concluding the Sales Contract.
6.COMPLAINT HANDLING PROCEDURE
This point 6 of the Terms and Conditions sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Contracts, Electronic Services and other complaints related to the Seller’s operation or the Online Store.
A complaint may be submitted, for example: in writing to the address: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry; in electronic form via e-mail to the address: reklamacje@kalanto.pl. Sending or returning the Product as part of the complaint may be made to the address: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry. It is recommended to include in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-conformity with the contract; (2) the request for bringing into conformity with the contract or a statement on price reduction or withdrawal from the contract or another claim; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling. The requirements indicated in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description. In the event the contact details provided by the complainant change during the complaint handling, the complainant is obliged to notify the Seller thereof. Evidence (e.g., photos, documents or the Product) related to the subject of the complaint may be attached by the complainant. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this will facilitate and speed up the handling of the complaint by the Seller. The Seller will respond to the complaint without undue delay, no later than within 14 calendar days from the date of its receipt. The basis and scope of the Seller’s statutory liability are set out in generally applicable provisions of law, in particular in the Civil Code, the Consumer Rights Act and the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended). In the case of a complaint about a Product purchased by the Customer under a Sales Contract concluded with the Seller from 1 January 2023, the Seller’s liability is determined by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-conformity of the Product with the Sales Contract. Apart from statutory liability, a warranty may be granted for a Product – this is contractual (additional) liability and it can be used if the Product is covered by a warranty. The warranty may be granted by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed terms regarding liability under the warranty, including the details of the entity responsible for performing the warranty and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or in another place concerning the granting of the warranty. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to legal remedies from the Seller and at the Seller’s expense, and that the warranty does not affect these legal remedies. The provisions contained in this point 6 of the Terms and Conditions concerning the consumer also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity.
7.OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
Methods of resolving disputes without court involvement include, among others: (1) enabling the parties’ positions to be brought closer together, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (an arbitration court). Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures, and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/. A contact point operates at the President of the Office of Competition and Consumer Protection, whose tasks include, among others, providing consumers with information on out-of-court consumer dispute resolution. A consumer may contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office Headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).The consumer has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Inspection; or (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers’ Association). Advice is provided, among others, by e-mail at: porady@dlakonsumentow.pl and via the consumer hotline 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, call charged according to the operator’s tariff).
8.RIGHT OF WITHDRAWAL FROM THE CONTRACT
A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.9 of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before it expires. The statement of withdrawal from the contract may be submitted, for example:in writing to the address: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry; in electronic form via e-mail to the address: reklamacje@kalanto.pl. Return of the Product as part of withdrawal from the contract may be made to the address: ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry. An example template of the withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 13 of the Terms and Conditions. The consumer may use the form template; however, this is not mandatory.
The running of the withdrawal period begins: for a contract under which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part; or (2) consists in regular delivery of Products for a fixed period – from taking possession of the first of the Products; for other contracts – from the date of concluding the contract. In the event of withdrawal from a distance contract, the contract shall be deemed not concluded. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receiving the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivering the Product (except for additional costs resulting from the consumer’s chosen method of delivery other than the cheapest ordinary delivery method available in the Online Store). The Seller refunds the payment using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer themselves, the Seller may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of sending it back, depending on which event occurs first. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which they withdrew from the contract, 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 themselves. To meet the deadline, it is sufficient to send the Product back before it expires. The consumer is liable for any diminished value of the Product resulting from using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to bear: If the consumer chose a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer. The consumer bears the direct costs of returning the Product. In the case of Products that cannot be returned by post in the usual manner (e.g., oversized shipments), the consumer may incur higher costs of sending them back, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex. In the case of a Product – a service whose performance – at the consumer’s explicit request – began before the expiry of the withdrawal period, a consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the moment of withdrawal. The amount payable is calculated proportionally to the scope of the service 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 service performed. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts: (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that after the Seller has fully performed the service the consumer would lose the right of withdrawal, and the consumer acknowledged this; (2) in which 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; (3) in which the subject of performance is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy the consumer’s individualized needs; (4) in which the subject of performance is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of performance is Products that after delivery, due to their nature, become inseparably connected with other movable items; (7) in which the subject of performance is alcoholic beverages the price of which was agreed upon at the conclusion of the Sales Contract, and whose delivery may only occur after 30 days, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to them to perform an urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products other than spare parts necessary to perform the repair or maintenance, the right of withdrawal applies to the additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for subscription contracts; (11) concluded by way of a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract specifies a day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller began performance with the consumer’s express and prior consent, and the consumer was informed before performance began that after the Seller has performed the service the consumer would lose the right of withdrawal, and the consumer acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in cases where the consumer expressly requested that the Seller come to them to perform a repair and the service has already been fully performed with the consumer’s express and prior consent. The provisions contained in this point 8 of the Terms and Conditions concerning the consumer apply, for contracts concluded from 1 January 2021, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity.
9.PROVISIONS CONCERNING ENTREPRENEURS
This point 9 of the Terms and Conditions and all provisions contained therein are addressed to, and therefore bind, only a Customer or Service Recipient who is not a consumer. Moreover, from 1 January 2021 and for contracts concluded from that date, this point of the Terms and Conditions and all provisions contained therein are not addressed to, and therefore do not bind, a Customer or Service Recipient who is a natural person concluding a contract directly related to their business activity, when the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available under the provisions on the Central Register and Information on Business Activity, unless applying to such persons the provisions contained in this point of the Terms and Conditions is not prohibited. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving any reason and does not give rise to any claims by the Customer against the Seller. The Seller’s liability under warranty for defects (rękojmia) for the Product or for non-conformity of the Product with the Sales Contract is excluded. The Seller will respond to the complaint within 30 calendar days from the date of its receipt. The Seller has the right to limit the available payment methods, including requiring advance payment in full or in part, regardless of the payment method chosen by the Customer and regardless of the conclusion of the Sales Contract. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Contract, but not more than PLN 1,000. The monetary limitation referred to in the previous sentence applies to all claims pursued by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude the Sales Contract or claims unrelated to the Sales Contract. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for delays in shipment transport. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction due to the registered office of the Seller/Service Provider.
10.PRODUCT REVIEWS
The Seller enables its Customers to post and access reviews about Products and about the Online Store on the terms set out in this point of the Terms and Conditions. Posting a review by a Customer is possible after using the form enabling the addition of a review about a Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding a review, the Service Recipient may also add a graphical rating or a photo of the Product – if such an option is available in the review form. A review about a Product may be posted only for Products actually purchased in the Seller’s Online Store and by a Customer who purchased the reviewed Product. Concluding fictitious or sham Sales Contracts in order to post a review about a Product is prohibited. A review about the Online Store may be posted by a person who is a Customer of the Online Store. Adding reviews by Customers may not be used for unlawful actions, in particular actions constituting an act of unfair competition or actions infringing personal rights, intellectual property rights or other rights of the Seller or third parties. The Customer, when adding a review, is obliged to act in accordance with law, these Terms and Conditions and good morals. Reviews may be made available directly on the Online Store website (e.g., with a given Product) or in an external review-collecting service with which the Seller cooperates and to which the Seller refers on the Online Store website (including via an external widget placed on the Online Store website). The Seller ensures that published reviews about Products come from its Customers who purchased a given Product. To this end, the Seller takes the following actions to verify whether reviews come from its Customers: Publishing a review posted using a form available directly on the Online Store website requires prior verification by the Seller. Verification consists of checking the review’s compliance with the Terms and Conditions, in particular checking whether the reviewing person is a Customer of the Online Store – in this case.The Seller checks whether this person made a purchase in the Online Store, and in the case of a review about a Product, additionally checks whether they purchased the reviewed Product. Verification takes place without undue delay. The Seller sends its Customers (including via an external review-collecting service with which the Seller cooperates) an individual link to the e-mail address provided by the Customer at purchase – in this way, only the Customer who purchased a Product in the Online Store receives access to the review form. In the event of the Seller’s doubts or objections raised to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are in fact a Customer of the Online Store or purchased the reviewed Product. Any comments, appeals against review verification, or objections as to whether a given review comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. The Seller does not post nor commission another person to post false reviews or recommendations from Customers and does not distort Customers’ reviews or recommendations in order to promote its Products. The Seller makes both positive and negative reviews available. The Seller does not make sponsored reviews available.
11.ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE TERMS AND CONDITIONS
This point of the Terms and Conditions contains provisions resulting from the Digital Services Act in the scope relating to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require providing specific data (e.g., data to place an Order). The Service Recipient may have the possibility to add a review or comment in the Online Store using tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, the Service Recipient is obliged to comply with the rules contained in the Terms and Conditions.
CONTACT POINT - The Service Provider designates the e-mail address kontakt@kalanto.pl as a single point of contact. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the European Board for Digital Services and at the same time enables recipients of the service (including Service Recipients) direct, fast and user-friendly communication with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act: Any person or any entity may report to the Service Provider, at the e-mail address kontakt@kalanto.pl, the presence of specific information which that person or entity considers to be Illegal Content. The report should be sufficiently precise and adequately substantiated. For this purpose, the Service Provider enables and facilitates making reports to the above e-mail address containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where appropriate, additional information enabling the identification of Illegal Content, depending on the type of content and the specific type of service; (3) the name and surname or name and e-mail address of the person or entity making the report, except for reports concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete. A report referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act with regard to the information concerned if it enables the Service Provider acting with due diligence to identify – without a detailed legal analysis – the illegality of the activity or information. If the report contains electronic contact details of the person or entity making the report, the Service Provider shall, without undue delay, send that person or entity an acknowledgement of receipt of the report. The Service Provider shall also, without undue delay, notify that person or entity of its decision with respect to the information to which the report relates, providing information on the possibilities of appeal against the decision. The Service Provider shall handle all reports received under the mechanism referred to above and shall take decisions with respect to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If, for the purposes of such handling or decision-making, the Service Provider uses automated means, it shall include information on this in the notification referred to in the previous sentence. Information on restrictions imposed by the Service Provider in connection with using the Online Store with regard to information provided by Service Recipients: The Service Recipient is subject to the following rules when providing any content within the Online Store: the obligation to use the Online Store, including posting content (e.g., within reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with law and good morals, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties; the obligation to provide content consistent with the facts and not misleading; the prohibition on providing unlawful content, including the prohibition on providing Illegal Content; the prohibition on sending unsolicited commercial information (spam) via the Online Store; the prohibition on providing content violating generally accepted netiquette rules, including vulgar or offensive content; the obligation to possess – where necessary – all required rights and permissions to provide such content on the Online Store website, in particular copyrights or required licenses, permissions and consents for their use, distribution, making available, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute an image or personal data where the content includes the image or personal data of third parties. the obligation to use the Online Store in a way that does not pose a threat to the security of the Service Provider’s ICT system, the Online Store or third parties. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store website. Moderation is carried out in good faith and with due diligence, on the Service Provider’s own initiative or upon receiving a report, in order to detect, identify and remove Illegal Content or other content inconsistent with the Terms and Conditions or to disable access to it or to take necessary measures to comply with European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act, or requirements contained in the Terms and Conditions. The moderation process may be carried out manually by a human or may be based on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content inconsistent with the Terms and Conditions. After identifying such content, the Service Provider decides whether to remove or disable access to the content or otherwise limit its visibility or takes other actions it deems necessary (e.g., contacts the Service Recipient to clarify objections and change the content). The Service Provider will inform the Service Recipient who provided the content (if it has their contact details) in a clear and easy-to-understand manner of its decision, the reasons for making it and available possibilities of appeal against the decision. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionately, and with due regard to the rights and legitimate interests of all parties involved, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms. Any remarks, complaints, claims, appeals or objections concerning the decision or other actions or lack of actions taken by the Service Provider on the basis of a received report or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. Use of this procedure is free of charge and enables submitting complaints electronically to the indicated e-mail address. Use of the reporting and complaint-handling procedure is without prejudice to the right of a person or entity to initiate court proceedings and does not affect their other rights. The Service Provider handles any remarks, complaints, claims, appeals or objections concerning decisions or other actions or lack of actions taken by the Service Provider on the basis of a received report or a taken decision in a timely, non-discriminatory, objective and non-arbitrary manner. If a complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to act in response to a report is unjustified, or that the information to which the complaint relates is not illegal and inconsistent with the Terms and Conditions, or contains information indicating that the complainant’s actions do not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise limit its visibility or take other actions it deems necessary. Service Recipients, persons or entities who submitted reports of Illegal Content to which the Service Provider’s decisions regarding Illegal Content or content inconsistent with the Terms and Conditions are addressed have the right to choose any out-of-court dispute settlement body certified by the Digital Services Coordinator of the Member State in order to resolve disputes concerning those decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaint-handling system.
12.FINAL PROVISIONS
Contracts concluded via the Online Store are concluded in Polish. Amendment of the Terms and Conditions: The Service Provider reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes in legal provisions; changes in payment or delivery methods or deadlines, being subject to a legal or regulatory obligation; changes in the scope or form of provided Electronic Services; adding new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions. Notification of proposed changes is sent at least 15 days before the date the changes enter into force, with the reservation that a change may be introduced without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation under which it is obliged to change the Terms and Conditions in a manner that makes it impossible to meet the 15-day notice period; or (2) must, by way of exception, change its Terms and Conditions to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to above, changes enter into force immediately, unless it is possible or necessary to apply a longer implementation period, of which the Service Provider shall notify each time. In the case of continuous contracts (e.g., the provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for proposed changes. Such termination becomes effective within 15 days from the date of receiving the notification. In the case of concluding a continuous contract, the amended Terms and Conditions bind the Service Recipient if they were properly notified of the changes in accordance with the notice period before their introduction and did not terminate the contract during this period. Additionally, at any time after receiving the notification of changes, the Service Recipient may accept the introduced changes and thus resign from the remainder of the notice period. In the case of concluding a contract of a different nature than continuous contracts, changes to the Terms and Conditions will in no way affect rights acquired by the Service Recipient before the date the changes enter into force; in particular, changes to the Terms and Conditions will not affect Orders already placed or submitted and Sales Contracts already concluded, performed or completed. In the event that a change to the Terms and Conditions results in the introduction of any new fees or an increase of existing ones, the consumer has the right to withdraw from the contract. In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant generally applicable provisions of law. These Terms and Conditions do not exclude provisions in force in the state of the consumer’s habitual residence who concludes a contract with the Service Provider/Seller which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under provisions that cannot be excluded by contract.
13.MODEL WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form (this form should be completed and sent back only if you wish to withdraw from the contract)
– Addressee:
KALANTO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ul. Ks. Prałata Edwarda Płonki 8, 42-609 Tarnowskie Góry
kalanto.pl
reklamacje@kalanto.pl
– I/We() hereby inform/inform() of my/our withdrawal from the contract of sale of the following goods() contract for the supply of the following goods() contract for specific work consisting in the manufacture of the following goods()/for the provision of the following service()
– Date of conclusion of the contract()/receipt()
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date (*) Delete as appropriate.