1. Seller - Z.P.O. KIMITEX Mirosław Jaroszek i Wspólnicy Sp.j. with its registered office in Wschowa, address: ul. Kazimierza Wielkiego 7, 67-400 Wschowa, Poland, entered in the Register of Entrepreneurs of the National Court Register managed by the District Court for Zielona Góra, 8th Commercial Division of the National Court Register under number 0000084141, REGON 411132060, NIP 6970013383, bank account: Bank Zachodni WBK – Account number: PL28 1090 1290 0000 0001 2346 9040;
2. Customer – a natural person who is at least 13, whereas when the person is younger than 18 a consent from their legal representative is required, as well as a legal person and an organisational entity, other than a legal person, with special provisions granting legal capacity, which places or intends to place an order or uses other services of the E-Shop (including a Consumer);
3. Consumer – a natural person who purchases Products for purposes unrelated with professional or economic activity;
4. On-Line Store/KMX Fashion E-Shop/E-Shop – a website available at www.kmxfashion.pl where the Customer can purchase Products from the Seller.
5. Products – garments and other movable goods presented in the E-Shop that may be a subject of sales agreement.
6. Registration Form – a service available at the E-Shop website which can be used by the Customer to create an user account and purchase Products, providing his/her personal details.,
7. My Bag – a list of Products available at the E-Shop created by the Customer.
8. Regulations – these Regulations of the E-Sklep KMX Fashion On-Line Store;
9. Product defect – both physical and legal defect of the Product;
10. Act – Act of 9 May 2014, on consumer rights (Journal of Laws 2014, item 827);
11. Personal Data Protection Act – Act of 29 August 1997 on the protection of personal data (consolidated text, Journal of Laws 2014, item 1182, as amended);
12. Civil Code – Act of 23 April 1964 Civil Code (Journal of Laws 2014, item 121, as amended).
The regulations of these Regulations are not intended to exclude or limit any of the rights conferred on the Customer by the existing applicable provisions of law. In case of non-compliance of the stipulations of these Regulations with the provisions of law mentioned above, the said provisions shall take precedence, while the remaining stipulations continue to be in force to the fullest extent permissible by the law.
I. General Provisions
- E-Shop is owned by Z.P.O KIMITEX Mirosław Jaroszek i Wspólnicy Sp.j. based in Wschowa, ul. Kazimierza Wielkiego 7, 67-400 Wschowa, registered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court Zielona Góra, VIII Commercial Division of the National Court Register under KRS0000084141, REGON 411132060, NIP 6970013383.
- These Regulations lay down the rules of using the On-Line Store at the www.kmxfashion.pl website, concluding sales agreements for Products through the E-Shop, placing orders for Products available at the KMX Fashion E-Shop, delivering ordered Products to the Customer, covering the costs of purchased Products and their delivery, as well as withdrawal from the agreement, and submitting and handling complaints.
- The Regulations shall apply to all customers of the E-Shop. Customers shall follow all provisions of the Regulations. The sales shall be conducted in accordance to with version of these Regulations valid at the moment of placing the order. The Customer is allowed to use the On-Line Store only in accordance with its intended purpose.
- Customer may contact the Seller, in particular for the purpose of submitting complaints, through Customer Service via e-mail: email@example.com, phone: +48-660-72-11-11, or by mail sent to the address of the Seller. Customer Service is available on working days, Monday to Friday, from 8 a.m. to 4 p.m. Connection costs in accordance with operator’s tariff.
- All information at the E-Shop website concerning Products (and prices) shall not constitute a commercial offer pursuant to Article 66 of the Civil Code, but an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
- Information about a price provided at the E-Shop website is binding from the moment the Customer receives an e-mail referred to in Article III section 8 of the Regulations. After an effective order placement the price shall not change regardless of price changes in the E-Shop that may occur for individual Products
- Images of Products are placed at the E-Shop website as examples and serve for the presentation of specific models.
- Customers have the possibility of purchasing the Products via the E-Shop regardless of whether they registered by filling the Registration Form and creating a user profile.
- To effectively place an order it is required to provide detailed address data of the Customer, a telephone number and e-mail address for the Seller to use for contact.
II. Rules and conditions of using the E-Shop
- To use the services of the E-Shop it is required to read and accept these Regulations. The Customer is required to read and accept the content of the Regulations prior to placing an order.
- The Seller shall provide electronically supplied services to enable the Customer to create user account at the E-Shop at the website address www.kmxfashion.pl.
- The service shall consist of enabling the Customer to use the functionalities of the E-Shop after logging in. Customer’s Registration at the E-Shop is voluntary and free of charge.
- During the registration via Registration Form, the Customer shall fill in appropriate fields specified in the Form, indicating: personal data, delivery address and other information necessary for the completion of the order.
- The information provided in the Registration Form shall be correct and up-to-date. If incorrect or obsolete information is provided, the Seller has no obligation to complete the Order.
- The Customer may terminate the user account service agreement for convenience at any time and without bearing any costs by requesting via e-mail the Seller to remove the user account. The Customer shall indicate their e-mail address currently registered at the E-Shop.
- The Seller shall undertake all possible technical and organisational means, adequate to the threat, preventing the acquisition and modification of data by unauthorised persons during on-line registration and order placement.
- The Customer undertakes in particular:
- to use services offered by the Seller in a way not to disturb the functioning of the E-Shop, especially by using certain software or devices;
- to use the services offered by the Seller in compliance with the law in force in the Republic of Poland, provisions of Regulations and accepted practices in this regard;
- to use the services offered by the Seller without nuisance for other Customers and the Seller, respecting their personal rights (including the right to privacy) and other applicable rights;
- to use any content published at the E-Shop for personal purposes only;
- The Seller may terminate the user account service agreement giving a 14-days’ notice for compelling reasons, which include violation of the provisions listed above in section 8 by the Customer. The Seller may notify the Customer of the termination of user account service agreement via e-mail sent to the address currently registered at the E-Shop. The termination of user account service agreement shall result in blocking and removal of Customer's E-Shop account.
- Effective placing of an order is possible only if the Product selected by the Customer is available at the Seller’s warehouse. The Product is available when specific sizes can be selected in the size selection option. The Seller shall use its best efforts to supplement the inventory of any Product or size of the Product as quickly as possible. The Products unavailable at the warehouse shall be removed from the E-Shop within seven days.
- In regards to on-line services these Regulations are the regulations referred to in the Article 8 of the Act of 18 July 2002 on provision of electronically supplied services (Journal of Laws 2013, item 1422 as amended).
III. Placing Orders
- The Customer may purchase Products by placing an order. The orders for Products available at the E-Shop are placed by selecting a preferred purchase option. An order is placed by clicking the “confirm purchase and pay”. By placing an order the Customer acknowledges their obligation to pay for the purchase.
- The Customer confirms reading and accepting these Regulations by selecting an appropriate field before placing an order which is an integral part of placing an order. If the Customer chooses not to accept these Regulations during the procedure of placing an order they will not be able to purchase Products in the E-Shop.
- While placing the order the Customer is also required to provide their personal data indicated by the E-Shop as obligatory and express their consent for processing of their personal data for the purpose of handling the order placed at the E-Shop. To do so, the Customer shall select an appropriate field before the completion of the order.
- An order may be placed at the E-Shop 24 hours a day, 7 days a week. Orders are completed within 96 hours from the moment of booking of Customer’ payment or, if the COD (Cash on Delivery) option is selected, from the moment of placing the order. If an order is placed on a working day after 2 p.m., on a Saturday, Sunday or holiday, the indicated date of order completion applies from the next working day.
- If the Customer registers in the E-Shop, an order is placed by logging in to the E-Shop website, choosing colour and size, adding a Product to My Bag and confirming the will to place the order.
- If the Customer does not register, an order is placed by choosing colour and size, adding a Product to My Bag, entering all required information for the shipment and undertaking other technical activities based on notifications or information shown to the Customer.
- Sending an order by the Customer (confirmed by the "confirm purchase and pay" button) constitutes an offer of the Customer to Z.P.O. KIMITEX Mirosław Jaroszek i Wspólnicy Sp.j. concerning the conclusion of a sales agreement in accordance with these Regulations.
- After sending the order, the Customer receives a confirmation of accepting the offer via electronic means (Confirmation of accepting the order for completion) to the indicated e-mail address. After receiving the message and confirming the order through a hyperlink in the message, the sales agreement for the Products ordered by the Customer is concluded.
- Confirmation of accepting the order for completion and any significant provisions of the sales agreement shall be recorded, secured and made available for the Customer in the following manner:
- order confirmation, as described in section 8 above, shall be sent by the E-Shop by e-mail containing information about the ordered Product, indicating its price, the method and the cost of delivery selected by the Customer, the total amount, information about the possibility of submitting a complaint and a Complaint Form – for personal download – information about the right to withdraw from the agreement and a Return Form – for personal download – as well as information about the content of the Regulations – for personal download.
- proof of purchase of the Product, information about the right to withdraw from the agreement, a Return Form, the content of these Regulations, a Complaint Form specimen and a Change Form specimen shall be attached on paper with the order sent to the address indicated while placing the order or in the Registration Form by the Customer.
- the time indicated in the confirmation of accepting the order is an indicative timeframe covering the period from the moment of receiving the order for completion to the moment of sending the Product to the Customer by one of the methods detailed below in these Regulations.
- The Customer has the right to withdraw from the order before receiving the confirmation of accepting the order for completion from the Seller. A declaration of will on the withdrawal from the order shall be sent to the Seller by e-mail to the following address: firstname.lastname@example.org
- A proof of purchase (a VAT invoice or cash register receipt) is attached with each delivery. If the Customer is a VAT payer and wants to receive an invoice, the Customer shall mark an appropriate option when placing an order and enter necessary data.
- The Products available at the E-Shop are sold via Internet. Using the E-Shop, including browsing its contents, and placing orders for Products shall require:
- a PC with Internet access and an Internet browser, such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
- an active e-mail account;
- All prices of Products and delivery are gross prices, inclusive of tax, in particular VAT, and expressed in Polish Zloty (PLN) and Euro (EUR).
- The prices of Products do not include the cost of delivery.
- The price presented next to each Product is binding from the moment the Customer receives a confirmation of accepting the order for completion, as referred to in Article III section 8 of the Regulations. Information about the price of the Product, its characteristics, and its substantial properties is presented at the E-Shop website next to the Product.
- The pricing of deliveries is detailed in the provisions of Article V of these Regulations.
- The information about the total amount of completion of the order, covering the price of the Products and the costs of delivery is presented in My Bag after the Customer selects the Product, the method of payment and the method of delivery.
- The Customer has the right to choose the method of payment for the ordered Products:
- by cash to a person acting on behalf of the carrier entrusted by the Seller to deliver the ordered Products (COD).
- by bank transfer before delivery. If the Customer chooses the pre-payment, the payment has to be credited to the account of Z.P.O. KIMITEX Mirosław Jaroszek i Wspólnicy Sp.j. within 4 days from placing the order, otherwise the order will be cancelled.
- Payments via bank transfer shall be made to the bank account of the Seller provided in the message confirming the Seller’s acceptance of the order for completion, pursuant to Article III section 8 of the Regulations. The Customer shall include the number of the order in the transfer title. Account owner: Z.P.O. KIMITEX Mirosław Jaroszek i Wspólnicy Sp.j.; Bank Zachodni WBK; Account number: PL28 1090 1290 0000 0001 2346 9040
- by credit card or e-tranfer.
- Payments are handled by the Dotpay and PayPal Processing Centre according to the rules specified by these entities, available at www.dotpay.pl and www.paypal.com websites.
- Special offers in the E-Shop cannot be combined, unless their regulations say otherwise.
- The final and binding price of the Product and the delivery is the total price of the order presented in My Bag at the moment of placing the order by the Customer.
- The total amount of the order is an amount to be paid by the Customer, consisting of combined prices of ordered Products and the price of delivery.
V. Completion of orders
- After the Customer receives a confirmation of offer acceptance and approves the order by using a hyperlink in the message, the process of order completion by the Seller starts.
- The deadline for order completion in Poland shall be up to 10 working days and it depends on the payment mode and delivery method selected by the Customer, among other things. If the pre-payment option is selected, the order completion starts after the payment for the Product and its delivery is credited to the bank account of the Seller. The period indicated in the first section of this Article may be extended for reasons related with possible difficulties in order completion, beyond the control of the Seller. The Seller shall notify immediately the Customer via e-mail sent to the address provided by the Customer.
- The cost of Product shipment is borne by the Customer and added to the Product price. The delivery cost depends on the delivery method selected and the place of delivery according to the price lists of the carrier.
- Products are delivered to the indicated address in Poland by DPD shipment company according to Customer’s choice. The expected Product delivery time by the DPD carrier is up to 2 working days from the day after the shipment is sent. Detailed information about the methods and the costs of delivery of the Products is available at the E-Shop website in the “Shopping Guide/Deliveries” tab.
- If the ordered Products are delivered outside of Poland, the delivery is performed by DPD shipment company, and the expected Product delivery time is specified by the carrier depending on the country of destination, and extends to 5 working days. The deadline may change due to circumstances on the part of the carrier that are beyond the control of the Seller. The Seller delivers the Products only to selected countries, indicated on the E-Shop website in the “Shopping Guide/Deliveries” tab. Detailed information about methods and the costs of delivery of the Products is available at the E-Shop website in the "Shopping Guide/Deliveries" tab.
- Upon receipt, the Customer shall check the condition of the order. If any damage of the package is observed, after it is received from the carrier, the Customer shall contact the Seller immediately by means indicated in Article I section 4 of the Regulations.
- The maximum order completion time is 30 working days. After that period the Customer has the right to cancel the order by sending a declaration via e-mail to the Seller to the address email@example.com or cancel the order personally on the website using their account.
- Orders from the E-Shop are carried by the Seller in the order they are received.
VI. Right to withdraw from agreement
- The Customer, who is a Consumer, may withdraw from a remote Product sales agreement for convenience, submitting an appropriate written statement or by sending an e-mail within 14 days from the day the Product is delivered to the Customer. To observe the indicated period it is sufficient to submit the statement of withdrawal before the deadline elapses. The Customer shall be informed about their right to withdraw from the agreement during the procedure of placing the order. The information is also included in the confirmation referred to in Article III section 8 of these Regulations and in the Return Form attached with the delivered Product.
- The right can be exercised by the Customer by sending a written statement of withdrawal from the sales agreement on the Return Form attached with the delivered Product, to the following address: M1 Centrum Handlowe Zabrze Sklep KMX, ul. Plutonowego R. Szkubacza 1, 41-800 Zabrze, Poland or by sending the statement by e-mail to firstname.lastname@example.org.
- The Return Form is available for download and print at the E-Shop website in the “Shopping Guide/Changes and Returns” tab(pobierz formularz), In case of withdrawal from a remote Product sales agreement, the agreement is considered not concluded and the Customer is free from any obligations.
- If the Customer submits the statement of withdrawal in a form other than written, the Seller shall immediately confirm the receipt of the statement by sending an e-mail to the Customer to the address provided during the placing of the order or in the submitted statement).
- Immediately upon the receipt of statement of withdrawal from the sales agreement, and not later than within 14 days, the Seller is required to reimburse the Customer any payments received, including the delivery costs, except for additional costs arising from shipping method selected by the Customer other than the basic, cheapest method offered by the Seller. The cost of packing and sending the Product back shall be borne by the Customer.
- The Seller shall reimburse the payment using the same method the Customer chose, unless the Customer accepts a different method in accordance with the content of Return Form referred to in section 3.
- The customer is required to return the Seller the Product immediately, not later than within 14 days from withdrawal from the sales agreement. To observe the indicated period it is sufficient to send the Product back before the deadline elapses. The cost of returning the Product shall be borne by the Customer.
- The cheapest, basic method of delivery of the Product in Poland is the pre-payment delivery by Poczta Polska. Deliveries outside of Poland are detailed in Article V, section 5 of the Regulations.
- JIf the Customer selects a delivery method other than the cheapest, basic method referred to above, the Seller is not required return the additional costs borne by the Customer. Detailed information about methods and costs of shipping of the Products outside of Poland is available at the E-Shop website in the “Shopping Guide/Deliveries” tab.
- If the Customer withdraws from the sales agreement, the Seller is allowed to withhold the reimbursement of the payments received from the Customer until receiving the returned Product or a confirmation of sending the Product back. Said confirmation shall be sent the e-mail address email@example.com.
- The Product returned by the Customer shall be appropriately packed, ensuring no damage during transport, and in the original packaging, if possible. Product shall be returned with complete equipment, accessories and documents issued for the sales to the following address: M1 Centrum Handlowe Zabrze Sklep KMX, ul. Plutonowego R. Szkubacza 1, 41-800 Zabrze, Poland.
- The Customer shall be liable for decreasing the value of the Product by using it in any way that exceeds what is necessary to determine its characteristics and functioning.
- In accordance with Article 38 of the Act on the right of withdrawal from a remote agreement, the Consumer cannot withdraw from:
- a service agreement, if the entrepreneur renders a service in its entirety with clear consent on the part of the consumer, who has been informed beforehand, that after the provision of the service on the part of the entrepreneur the consumer will no longer have the right to withdraw from the agreement;
- agreement the subject matter of which is a good made to the consumer’s specifications or serving the purpose of meeting their personalised needs;
- agreement the subject matter of which is a good that is liable to deteriorate or expire rapidly;
- agreement the subject matter of which is a good delivered in a sealed packaging that cannot be returned after opening due to health protection or hygienic reasons if the packaging was opened after the delivery.
- agreement the subject matter of which is a good that by its nature becomes inseparably mixed with other goods after their delivery.
- a product must be returned in an unaltered state, i.e. with all original tags and without any traces of use.
VII. Replacement of purchased Product.
- The Customer shall have the right to replace the purchased Product within 14 days from the date of delivery with another Product available at the E-Shop, provided its price is not lower than the price of the previously purchased Product that is to be replaced. The cost of returning the Product shall be borne by the Customer.
- A replacement is made by placing a new order in the E-Shop, selecting an appropriate replacement Product, choosing "Pre-payment - bank transfer" in the payment options and Poczta Polska as the delivery method upon confirmation of the selection. If the cost of the selected replacement Product is the same as the cost of the previously purchased one, the Customer makes no additional payment. If the price of the replacement Product is higher than the price of the previously purchased Product, the Customer shall pay the difference in price by a bank transfer to the account of the E-Shop in accordance with Article IV section 3 of these Regulations.
- The Product returned by the Customer shall be appropriately packed, ensuring no damage during transport, and in the original packaging, if possible. Product shall be returned with complete equipment, accessories and documents issued for the sales and a filled in Replacement Form, which has been attached with the Product (pobierz formularz), to the following address: M1 Centrum Handlowe Zabrze Sklep KMX, ul. Plutonowego R. Szkubacza 1, 41-800 Zabrze, Poland.
- The replacement procedure shall be performed immediately, not later than within 14 days.
- If the new replacement Product has the same price as the Product replaced by the Customer, the Seller shall bear the cost of deliveries made in Poland.
- If the delivery is made outside of Poland, the cost shall be borne by the Customer. Details about methods and costs of delivery of Products outside of Poland are available at the E-Shop website in the “Shopping Guide/Deliveries” tab.
- As a vendor the Seller shall be liable to the Customer for defects of Products in accordance with the provisions of the Civil Code and other generally applicable legal regulations.
- No provision of these Regulations shall limit the rights conferred on the Customer by the applicable provisions Polish law.
- A complaint shall be submitted by filling in the Complaint Form attached with the Product, or available at the E-Shop website in the “Shopping Guide/Complaint” tab (pobierz formularz), and sending it together with the Product and a proof of purchase (invoice or cash register receipt) to the following address:M1 Centrum Handlowe Zabrze Sklep KMX, ul. Plutonowego R. Szkubacza 1, 41-800 Zabrze, Poland.
- The Seller reserves the right to a 14-day period to review the complaint from the moment of receiving the Product from the Customer, and undertakes to advise the Customer of the undertaken actions via e-mail.
- If the Customer fails to provide the required information in the Complaint Form or to deliver the documents necessary for the review of the complaint, the Seller shall contact the Customer via e-mail and request immediate provision of the missing data.
- If a Product is defective the Customer may:
- request lowering its price;
- request withdrawing from the agreement;
- unless the Seller replaces the defective good or removes the defect immediately and without undue inconvenience for the Customer.
- If the Seller offers to remove the defect the Customer may choose to request the good to be replaced with a defect-free good, and if the Seller offers to replace the good, the Customer may choose to request the defect to be removed, unless bringing the good to conformity with the agreement in a way chosen by the Customer is impossible or is excessively costly compared to the way proposed by the Seller. The cost assessment shall include the value of a defect-free good, the type and significance of the defect detected, and the inconvenience to which the Customer would be exposed by an alternative way of meeting their requests.
- The Customer cannot withdraw from the agreement if the defect is negligible.
- If the purchased good is defective, the Customer may also:
- request the replacement of the good with a non-defective good;
- request the removal of the defect.
- The Seller shall replace the good with a defect-free good or remove the defect within a reasonable time and without undue inconvenience for the Customer.
- If the Customer:
- requests the replacement of the good with a defect-free good instead of removal of the defect as proposed by the Seller;
- requests the removal of the defect instead of replacement of the good as proposed by the Seller;
- The Seller may refuse to meet the request of the Customer if bringing the good to conformity with the agreement in a way chosen by the Customer is impossible or is excessively costly compared to the alternative way suggested by the Seller. In such case, the Seller shall carry out their duties arising from warranty in the way proposed by the Seller.
- If the complaint is reviewed to the advantage of the Customer, the cost of delivering defective Product to the Seller, as well as sending the Product back to the Customer shall be borne by the Seller.
IX. Settling Disputes
- Disputes may be settled by asserting rights in courts of law, as well as by out-of-court complaint and redress mechanisms.
- Out-of-court complaint and redress mechanisms are a method allowing the dispute to be settled through active intervention of a third party, who proposes or imposes a solution. Out-of-court facilities may be established by public authorities, legal practitioners, professional associations or civic society organisations (e.g. consumer ombudsman, consumer organisations, arbitration tribunal). Further information (in Polish) about the aforementioned methods of settling disputes is available at the following address: www.uokik.gov.pl in the “Rozstrzyganie sporów konsumenckich” tab.
- Information on rules of access to these procedures may be obtained at the regulatory body concerned or an entity authorised to conduct out-of-court complaint and redress mechanisms.
- The above information does not exclude or limit in any way the right of the Customer to choose court and out-of-court methods of settling disputes or to choose the entities to conduct such proceedings. The list of methods and entities provided above is illustrative and non-exhaustive, and does not limit or exclude any of the rights of the Customer.
- The Customer may subscribe to the Newsletter provided by the Seller. The Newsletter shall be sent via text messages (SMS Newsletter) or e-mail (E-mail Newsletter) according to Customer’s choice.
- The Newsletter shall be sent exclusively to the Customers who subscribe to it by marking appropriate field – separately for the SMS Newsletter and the E-mail Newsletter – while placing the order at the E-Shop, and who express consent to receive commercial information within the meaning of the Act of 18 July 2002 on provision of electronically supplied services (Journal of Laws 2013. Item 1422).
- The SMS Newsletter and the E-mail Newsletter services shall include sending information about new Products and special offers to the phone number and the e-mail address provided by the Customer. The SMS Newsletter and the E-mail Newsletter are sent free of charge.
- The Customer may unsubscribe the Newsletter without stating the reason at any time without bearing additional costs.
XI. Final provisions
- If individual provisions of these Regulations are deemed legally invalid or ineffective, the remaining provisions shall remain valid and effective. The invalid provision shall be replaced with a rule that best corresponds to the invalid provision and these Regulations.
- The Seller reserves the right to change these Regulations at any time. Changes in the Regulations shall apply from the moment they are clearly indicated and placed at the E-Shop website. All agreements concluded before a change in Regulations, are regulated by the provision of Regulations valid at the moment of their conclusion.
- The current Regulations are published at the E-Shop website in the “Shopping Guide” tab.
- The Seller shall bear no responsibility for messages sent to the e-mail address provided by the Customer but blocked by administrators of e-mail servers, or for the removal and blocking of e-mails by software installed on the computer used by the Customer.
- The Seller shall bear no responsibility to fullest extent permitted by law for disruptions, including interruptions in the functioning of the E-Shop caused by vis maior, unlawful actions of third parties, or incompatibility of the On-Line Store with Customer’s technical infrastructure.
- These Regulations enter into force on 16.03.2015.