I. General information
1. These Website Regulations regulate the rights and obligations related to the use of the Online Store available at the domain www.test.knittons.com and the rules for placing Orders and the final purchase of Products through it.
2. Whenever the following phrases are used in the further part of the Website Regulations, they should be understood in the meaning given below:
a. CUSTOMER – a natural person with full or limited legal capacity or acting through a properly authorized legal person or an organizational unit without legal personality. If the Customer is a person with limited legal capacity, he cannot purchase in the Online Store if he does not have the consent of his legal representative. As a rule, the Sales Agreements concluded as part of the purchase of Products via the Online Store are generally concluded in everyday matters.
b. CUSTOMER ACCOUNT – a free Electronic Service made available to the Customer as part of the operation of the Online Store. The Customer Account is a collection of resources in the Seller’s ICT system, which is marked with a login and password and allows the Customer to use additional functionalities of the Online Store. The Customer logs in to his Customer Account after registration on the appropriate subpage of the Online Store, which can be found at https://knittons.com/account/register.
c. ORDER – a form available to the Customer as part of the Online Store containing information about the Products that the Customer intends to buy, as well as the data necessary for the effective conclusion and performance of the Sales Agreement. The order sent to the Seller by the Customer is treated as the Customer’s declaration of will expressing the direct will to conclude a Distance Selling Agreement via the Online Store. Acceptance of the Order sent by the Customer by the Seller means the conclusion of the Sales Agreement.
d. PRODUCT – an item available in the Online Store, which is the subject of the Sales Agreement for the payment of a specific price.
e. PROMOTIONS – specific conditions of sale of a specific Product (s), which are regulated on the terms expressed in separate regulations. In the event of any discrepancies between the provisions of the relevant Promotion Regulations and the provisions of the Website Regulations, the provisions of the relevant Promotion Regulations shall always prevail.
f. COLLECTION POINT – the place of collection of the parcel containing the Products ordered by the Customer via the Online Store. Information on the available Collection Points can be found in the Order form, these Website Regulations, and on the subpage with information on the delivery of Products available at https://knittons.com/pages/platnosci-i-dostawa.
g. REGULATIONS – these Website Regulations, which are in the scope of Electronic Services are the regulations referred to in Art. 8 of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344). The Website Regulations are available at the Seller’s premises (stationery store) and at https://knittons.com/pages/regulamin-sklepu.
h. ONLINE STORE – a platform for selling Products and providing services offered by the Seller available on the Internet at www.test.knittons.com.
i. SELLER / KNITONS – Petro Kiryanov Spolka Komandytowa, registered at str. J.Zubrowej 15, 94-025 Lodz, NIP: 7123309810, REGON: 385561480.
j. SALE AGREEMENT – a sales contract within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (i.e. Journal of Laws of 2019, item 1145, as amended) concluded remotely, regarding sales by the Seller to the Customer Products offered via the Online Store for the payment of a specific price and possible shipping costs.
k. ELECTRONIC SERVICE / ELECTRONIC SERVICES – service/services provided/provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (ie Journal of Laws of 2020, item 344).
l. TECHNICAL REQUIREMENTS – minimum technical requirements, the fulfillment of which is necessary to be able to properly use the Online Store, Electronic Services, or to conclude a Sales Agreement. These are:
• access to a computer or other device enabling the use of the Internet;
• access to e-mail;
• Internet Explorer (minimum version 11), Google Chrome (minimum version 80), Mozilla Firefox (minimum version 74), or Safari (minimum version 13.0.1);
• enabling JavaScript and saving Cookies in the web browser.
m. NEWSLETTER – a free Electronic Service, thanks to which, with the consent of the Customer, the Seller may send periodic information about Products, Promotion, the Online Store itself, as well as other commercial information.
3. Acceptance of the Website Regulations is voluntary but necessary to create a Customer Account and/or to effectively place an Order in the Online Store by the Customer. The customer is obligated to use the services offered by KNITTONS in a manner consistent with current legal provisions, these Website Regulations, as well as the principles of social coexistence. The customer is also obliged not to take action consisting of publishing content that violates the law in the Online Store.
II. Forms of contact with the Seller
1. Customers can contact the Seller in the following ways:
a. by sending an e-mail to [email protected];
b. by phone at +48 884 390 149 between 10:00 a.m. and 6:00 p.m. on business days (the cost of the call results from the basic tariff of the Customer’s telephone operator);
c. by completing the contact form available in the Online Store at https://knittons.com/pages/kontakt;
d. in person at the company’s headquarters at str.J. Zubrowej 15, 94-025 Lodz.
III. Electronic services
1. KNITTONS provides the following Electronic Services to Customers free of charge via the Online Store:
a. the possibility for the Customer to create an individual Customer Account that allows the use of additional functionalities of the Online Store;
b. the ability to purchase Products in the Online Store;
c. the possibility of receiving a periodic Newsletter.
IV. Customer account
1. The customer has a voluntary option to set up a free individual Customer Account in the Online Store, but it is not required to effectively purchase the Products. The Customer Account gives the opportunity to save and store information about the Customer’s address data and order history, and to track the Order.
2. An agreement for an indefinite period for the provision of the service of creating and maintaining an individual Customer Account is considered concluded at the time of the successful completion of the registration form by the Customer, acceptance of these Website Regulations, and finally clicking the button confirming the registration.
3. The registration form filled in by the Customer when creating the Customer Account should be filled with true and up-to-date information necessary for the proper performance of services by the Seller. These data should be updated by the Client on an ongoing basis in the event of any changes.
4. Complaints related to Electronic Services provided by KNITTONS may be submitted via e-mail sent to the address [email protected] The content of the complaint should include information such as the name and surname of the Customer, e-mail address, and a detailed description and reason for the submitted complaints. KNITTONS Petro Kiryanov S.K. reserves 14 days for considering the complaint, running from the date of its receipt. In a situation where the data provided by the Customer submitting the complaint is incomplete, KNITTONS Petro Kiryanov S.K. will ask for their supplementation, however, with the reservation that it is obliged to respond to the complaint within a maximum of 30 days from its receipt.
5. The customer has the full right to terminate the contract for the provision of Electronic Services at any time and without giving reasons by submitting his request with the information contained therein about the e-mail address provided in the registration form to the e-mail address [email protected] or in writing to the address Petro Kiryanov S.K., str. J. Zubrowej 15, 94-025 Lodz. The Seller may contact the Customer at the provided e-mail address or telephone number to confirm the identity.
V. Newsletter
1. The Customer, wishing to receive the Newsletter from the Seller, is obliged to agree to receive the Newsletter by providing his active e-mail address in the appropriate field in the Online Store and confirming the willingness to receive the Newsletter by clicking the appropriate button. The contract for the provision of the Newsletter delivery service by the Seller is concluded when the Customer confirms the will to receive the Newsletter by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer during registration. The subscription form for the Newsletter is available at https://knittons.com/.
2. The Customer has the full right to terminate the contract for the provision of Electronic Services in the scope of the Seller’s delivery of the Newsletter at any time and without giving reasons by submitting his request with the information contained therein about the e-mail address provided in the form to the e-mail address knittons@gmail. com by clicking on the deactivation link in each Newsletter sent to the Customer’s e-mail address or in writing to the address KNITTONS Petro Kiryanov S.K., str. J.Zubrowej 15, 94-025 Lodz. The Seller may contact the Customer at the provided e-mail address or telephone number to confirm the identity.
VI. Orders
1. The customer has the option of placing orders for products via the online store 24 hours a day, 7 days a week (except for possible shutdowns of the online store at the time of failure or technical work), but they will be accepted for implementation on working days between 10:00 -18: 00.
2. When placing an Order for Products, the Customer has the option, until the Order is confirmed by clicking the appropriate button, to correct the entered data. The already placed Order can be corrected by the Customer by sending a message to the e-mail address [email protected].
3. The Order placed by the Customer is deemed to be tantamount to the Customer’s voluntary declaration of will expressing the direct will to conclude a Distance Sale Agreement via the Online Store.
4. The information posted on the pages of the Online Store is only an invitation addressed to customers, encouraging them to conclude a Sales Agreement within the meaning of art. 71 of the Civil Code and not an offer are under the provisions of the Civil Code.
5. Consolidation, protection, and sharing of the content of the concluded Sales Agreement are guaranteed to every customer thanks to:
a. making the Website’s Regulations available in the Online Store for the entire duration of its operation at https://knittons.com/pages/regulamin-sklepu and the Seller’s seat at str. J.Zubrowej 15, 94-025 Lodz;
b. sending the Customer an e-mail confirming the placed Order;
c. providing the specification of the Order and proof of purchase.
6. Consolidation, security, and disclosure of essential provisions of the Agreement for the provision of electronic services concluded between the Customer and the Seller shall be effected by sending a message to the e-mail address provided by the Customer.
VII. Delivery
1. The shipment containing the Products ordered by the Customer is delivered to the Customer in the following ways:
a. to the address provided by the Customer in the Order form;
b. to a Collection Point selected by the Customer from the list provided in the Order Form;
2. Changing the delivery address after placing the Order by the Customer may be made at the Customer’s request to the e-mail address [email protected], with the reservation that the Seller may not accept this request in a situation where the Product is already shipped to the Customer.
3. KNITTONS offers the following options for the delivery of Products to the Customer:
a. courier delivery;
b. postal item;
c. delivery to a stationary store;
d. delivery to the Collection Points.
4. The available forms of delivery may depend on the method of payment selected by the Customer or the type of Product, they may also change in the case of placing several Orders at the same time. Detailed information about the methods of delivery offered by the Seller can be found in the Order form and the tab regarding the methods of product delivery available at https://knittons.pl/pages/platnosci-i-dostawa. The Seller reserves the right to temporarily or permanently suspend certain delivery methods. Information on the number of delivery costs is also provided in the Order form and the tab regarding the cost of delivery of products is available at https://knittons.pl/pages/platnosci-i-dostawa.
5. In a situation where the Customer chooses the option of delivering the purchased Product to the Collection Point or the stationary store, in the event of failure to collect the Order, the Sales Agreement concluded between the Customer and the Seller is terminated, and the Seller immediately returns the payment to the Customer in the manner in which he received it from the client.
6. The total time of delivery of the Order consists of the time of the Order being processed by the Seller and the time of delivery of the Product by the carrier. The time of order fulfillment is counted from the moment the Seller confirms the acceptance of the Order for execution until the shipment containing the ordered Products is sent, and it is a maximum of 7 business days. The time of delivery of the Order by a given carrier depends on the form of delivery chosen by the Customer and is related to the Regulations of the given carrier.
7. The cost of delivery of the Order shall be borne by the Seller unless the Regulations of a specific Promotion provide otherwise.
8. Products are delivered on the territory of the Republic of Poland and to selected European Union countries indicated in the tab on the methods and costs of product delivery available at https://knittons.com/pages/platnosci-i-dostawa.
IX. Complaints handling procedure
1. Products offered by the Seller in the Online Store may be covered by the manufacturer’s warranty. Each time, the detailed terms of the warranty, as well as its duration, are given in the warranty card attached to the Product ordered by the Customer.
2. The Seller has a legal obligation to provide the Customer with Products free from defects. The Seller is liable to the Customer if the Product sold has a physical or legal defect.
3. If despite the efforts of the Seller, the Product received by the Customer is defective, the Customer may exercise the rights he is entitled to under the warranty in the indicated websites or, independently of them, the rights he is entitled to under the warranty from the Seller. The Customer may also use the complaint form offered by the Seller, constituting Appendix 2 to these Website Regulations.
4. If the sold Product is defective, the Customer may:
a. make a statement on lowering the price for a given Product or withdrawing from the Sales Agreement, unless the Seller immediately replaces the defective Product with a Product free from defects or removes the defect, if possible. The reduced price should remain in such proportion to the price resulting from the concluded Sales Agreement in which the value of the Product with the defect is consistent with the value of the Product without the defect. The Customer may not withdraw from the concluded Sales Agreement in a situation where the defect of the Product is irrelevant.
b. demand replacement of the Product with a Product free from defects or, if possible, removal of the defect.
5. The customer exercising their rights under the warranty is obliged to deliver the defective product at the Seller’s expense to the address of KNITTONS Petro Kiryanov S.K. str. J.Zubrowej 15, 94-025 Lodz.
6. The Seller is liable under the warranty when the physical defect of the Product is found within 2 years from the date of delivery of the Product to the Customer. A claim for the removal of a defect or replacement of the Product with a Product free from defects shall expire after one year from the date of finding the defect.
7. The Customer may submit his claims regarding Product defects in writing to the address of Petro Kiryanov S.K., str. J.Zubrowej 15, 94-025 Lodz or by sending a message to the e-mail address [email protected] In the complaint, to speed up its consideration by the Seller, the Customer is obliged to provide his contact details, the reason for the report, the content of the claim, and also proof of purchase of the Product. In a situation where the complaint does not contain the information necessary to consider the complaint, the Seller reserves the right to contact the Customer to obtain it.
X. The right to withdraw from the concluded Sales Agreement
1. The Customer has the right to withdraw from the Product Sales Agreement concluded via the Online Store for 14 days and without giving any reasons, as well as incurring costs other than those provided for by law.
2. The Customer has the right to withdraw from the Sales Agreement by submitting a declaration of withdrawal from the agreement. Such a declaration may be submitted:
a. using the model withdrawal form, which complies with the statutory model form referred to in art. 30 sec. 1 of the Consumer Rights Act, and which constitutes Annex 1 to these Website Regulations, by sending it completed to the address KNITTONS Petro Kiryanov S.K., str. J.Zubrowej 15, Lodz;
b. via a message sent to the e-mail address [email protected]
3. The 14-day period for withdrawing from the contract begins with the delivery of the Order to the Customer. In a situation where the Sales Agreement provides for the delivery of the Order in batches, the time limit begins with the Customer taking possession of the last batch of the Order. To meet the deadline for withdrawing from the contract, it is enough to send a statement of withdrawal from the contract before its expiry.
4. In a situation where the Customer chooses a method of delivering the Products other than the cheapest method offered by the Seller, the Seller is not obliged to reimburse the additional delivery costs incurred by the Customer.
5. The Customer is obliged to return the Product (s) immediately, but not later than 30 days from the date on which he withdrew from the contract. To meet the 30-day deadline, it is enough to return the Products before their expiry.
6. The Customer is obliged to send the returned Products with the proof of purchase attached to the address KNITTONS Petro Kiryanov S.K., str. J.Zubrowej 15, 94-025 Lodz.
7. The customer is responsible for reducing the value of the returned Products due to their use in a way that goes beyond what is necessary to establish the features and functioning of the purchased Products. The Seller reserves the right to claim damages from the Customer to the extent permitted by current legal regulations.
8. The right to withdraw from the contract is not entitled to the customer about contracts:
a.in which the subject of the service is a Product delivered in a sealed package, impossible to return after opening due to health protection or hygiene reasons;
b. in which the subject of the service is sound/visual recordings or computer software delivered in a sealed package if it has been opened by the Customer.
9. In the event of the Customer withdrawing from the contract, the contract is considered void. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer’s declaration of withdrawal from the contract, return the payments made. The Seller reserves the right to refund the payment using the same method of payment as used by the Customer.
XI. Final Provisions
1. The Sales Agreement and the contract for the provision of electronic services are concluded in Polish.
2. The Regulations of the Website are valid from the moment they are published in the Online Store, from August 17, 2022, and are available at https://knittons.com/pages/regulamin-sklepu. The Seller reserves the right to amend the Website Regulations in the event of at least one of the following important reasons:
a. changes in the legal provisions regulating the sale of Products or the provision of electronic services by the Seller, which affects the mutual rights and obligations of the Seller and the Customer;
b. the necessity to adapt the Seller’s activities to the orders, rulings, decisions, or guidelines resulting from state authorities;
c. changes in the method of providing Electronic Services by the Seller due to technical or technological reasons (including the introduction of new functionalities or modification/withdrawal of the existing ones);
d. merger, division, or transformation of Petro Kiryanov S.K. or changing other identification data of the Seller specified in these Website Regulations.
3. Customers who have accepted the Regulations of the Website have the right to terminate the concluded contract within 14 days from the date of notifying them of the change in the Regulations. The amendment to the Regulations of the Website does not affect the content and conditions of the Sales Agreements concluded between the Customers and the Seller before the amendment of the Regulations.
4. In the event of changes to the Website Regulations, the Seller will provide a uniform text of the Website Regulations by publishing it in the Online Store in place of the previous Website Regulations, and also by sending it via e-mail to the e-mail address provided by the Customer.
5. The law applicable to the conclusion of a Sales Agreement or a contract for the provision of services via the Online Store is the law of the Republic of Poland, and courts – common courts in the Republic of Poland, unless otherwise provided by current legal regulations. Any disputes arising between the Customer and the Seller shall be submitted to the court having jurisdiction over the Seller’s seat.
XII. Out-of-court ways of dealing with complaints and redress
1. A dispute arising out of the contract concluded between the Customer and the Seller may be ended amicably through the procedure for out-of-court settlement of consumer disputes. The Seller’s participation in such proceedings is voluntary. If, as a result of the complaint submitted by the Customer, the dispute is not resolved, the Seller will provide the Customer with information about the intention to initiate proceedings regarding the out-of-court resolution of consumer disputes, consent to participate in such proceedings, or refusal to participate. If the Seller has not made any statements, it is deemed that he agrees to participate.
2. Under the terms of the Act of December 15, 2000, on the Trade Inspection, a dispute over property rights resulting from the concluded contract may be submitted to the settlement of permanent arbitration courts at the voivodeship inspectors of the Trade Inspection.
3. By the principles set out in the Act of December 15, 2000, on the Trade Inspection, if the nature of the case warrants this, the voivodeship inspector of the Trade Inspection takes steps to the out-of-court resolution of a civil law dispute by bringing the positions of both parties closer together to resolve the dispute or presenting the parties with a proposal for its solution. The proceedings are initiated at the request of the Customer and submitted to the voivodeship inspector competent for the place of business by the Seller. The customer also has the right to turn to the point (municipal) consumer ombudsman, whose tasks include, first of all, providing free consumer advice and legal information in the field of consumer protection, as well as acting in matters of protection of consumer rights and interests.
4. The rules and procedures for access to an out-of-court settlement of consumer disputes are specified separately in legal regulations (including in particular in the Act of 23 September 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by entities authorized to resolve consumer disputes.
5. Under Regulation (EU) No 524/2013 of the European Parliament and 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 ODR in consumer disputes), the Customer may submit a complaint via the ODR online platform.
XIII. Electronic invoices
1. By accepting these Website Regulations, the Customer agrees to the Seller to issue and send invoices (as well as corrective invoices and duplicates of these documents) in the electronic form to the e-mail address provided by the Customer when setting up the Customer Account or when placing the Order.
2. The format of the electronic invoice is PDF (Portable Document Format).
3. Withdrawal of consent means the automatic lack of acceptance of the Website Regulations, and thus, although the acceptance of the Website Regulations is voluntary, there is no possibility of using the services offered by KNITTONS.
APPENDIX 1
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
APPENDIX NO. 2
MODEL OF THE COMPLAINT FORM[:]
