1. DefinitionAdministrator / Seller - Kiryl Halushka - K&K Global with an office in Warsaw at al. Krakowska 106/307, registered in the Central Register and Information on Economic Activity Warsaw, under the NIP number 5213850794, REGON: 382104769, owner and administrator of the Internet Platform
https://sprayscooter.com;
Platform - an internet platform run by the Administrator, available under the internet domain
https://sprayscooter.com;
Customer is a natural person who is 13 years old or above, but if this person is under 18, the consent of his legal representative is required, unless he has full legal capacity, as well as a legal person or an organizational unit not having legal personality, the law of which grants legal capacity
Consumer is a Client who is a natural person, making purchases on the Platform in the scope not directly related to his business or professional activity (by Article 221 of the Act of 23 April 1964 Civil Code, consolidated text Journal of Laws of 2014, item 121 as amended);
Product is the subject of a sales contract, products delivered by the Seller, presented on the Platform.
Account is a collection of data in the Seller's system marked with an individual name (login) and password provided by the Customer
Order is customer's declaration of intent in the Seller's system marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about orders placed by him on the Platform are collected;
2. General informationThese Regulations apply to all customers, including those who place orders. Each user of the Platform is obliged to read the Regulations and comply with its provisions.
Each person using the Platform may contact the Administrator via addresses, including e-mail and/or telephone numbers indicated in the "Contact" tab of the Platform.
Viewing the Platform's assortment does not require registration.
To use the Platform, including viewing the Platform's assortment and placing orders is necessary:
a) computer, laptop, or other multimedia devices with access to the Internet;
b) Internet browser such as Internet Explorer, Mozilla Firefox, Google Chrome, Opera, Safari;
c) enabling Javascript in the web browser;
d) an active e-mail account (e-mail address).
The Customer is obliged to use the Platform in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Seller and third parts. It is forbidden to take any actions that could affect the proper functioning of the Platform. It is forbidden to use the Platform for purposes other than its intended use, including, in particular, sending spam, conducting commercial, advertising, promotional activities on the Platform's websites, etc .;
The sale of products available on the Platform takes place via the Internet in the form of a Distance Sale Agreement between the Customer and the Seller, by applicable law regulations and the Act of 30 May 2014 on consumer rights and the Civil Code.
The subject of transactions are goods displayed on the Platform's websites at the time of placing the order, subject to § ... point 6.
Information about the Products posted on the Platform's website does not constitute an offer within the meaning of the Civil Code. Information about the Products available in the Platform's assortment constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
By placing an order, you consent to the conditions presented in these Regulations.
3. RegistrationRegistration in the Platform as well as using the Platform's functionalities are free of charge.
For registration at the Platform (create an Account), you must complete and fill in your name, address, e-mail address, telephone number, and password, and accept the Platform Regulations
The administrator does not control or verify the identification data of customers contained in the registration form. The data indicated in the registration form as mandatory are necessary to create an Account and to properly perform the Order. After submitting the completed registration form, the Customer will receive, to the e-mail address provided by him, confirmation of registration with an access password, after which it will be possible to activate the Account. The registration procedure is completed when the Administrator receives the correct activation of the Account.
The Customer accepts all the provisions of these Regulations and compliance with all the requirements and conditions specified in the Regulations for the Customer. The customer declares that the data provided during the registration process is correct. In particularly justified situations that may raise suspicion of providing false data, the Administrator may make the Customer's registration dependent on the authentication of the data provided by him.
As a result of correct registration, the contract is concluded between the Administrator and the Customer for the provision of electronic services by the Administrator to the Customer in terms of setting up and using the Customer Account on the Platform's website.
After registering in the Platform, each login is carried out using the data provided in the registration form. The Customer gains access to the Account assigned to him in the registration form after entering his e-mail address and password on the Platform (logging in). Access to the Customer's account is protected with a password chosen by him.
The account contains the Customer's data provided by him in the registration form. In the event of a later change of any of these data, the Customer should update his profile in the Account, while the data marked in the registration form as mandatory cannot be deleted by the Customer while using the Platform's services, and in such a situation the Customer may delete the entire Account.
The data provided by the Customer during the registration process, including personal data, will be processed by the Administrator on the terms set out in § 9 below and the Privacy Policy of the
sprayscooter.com Internet Platform available on the Platform's websites.
Each person/entity may create only one Account, it is unacceptable to give up, lend, resell, or in any other way sell his Account to other people or provide other people with the password to his Account. The password protects against third party access to the Customer's account. To protect against possible hacking attempts to the Account, the Client should not use words or information related to the Account in the password. For security purposes, the password should contain both letters and numbers. If the Customer logs into the Platform using a third-party computer, he should not save the password to access the Platform.
The Customer is obliged to use the Platform's websites, including the Account he has set up, in a manner consistent with applicable law, social and moral standards, and the provisions of these Regulations.
The Administrator reserves the right to use the e-mail address provided by the Customer to communicate with the Customer to verify the status of his Account.
The User has the right to terminate the Agreement for the provision of electronic services in the scope of setting up and using the Customer Account at any time. The termination of the Agreement takes place without incurring any additional costs and without giving reasons. The Agreement may be terminated by sending an appropriate statement to the Platform's e-mail address indicated in the "Contact" tab on the Platform's websites
4. OrdersThe Customer may place an Order for the Products of his choice 7 (seven) days a week and 24 (twenty four) hours a day.
To place an order, log in to the Platform via your Account (applies to people who have registered on the Platform and created an Account) then:
a) indicate the Products available on the Platform, which they are interested in purchasing, using the "ADD TO CART" option (or equivalent);
b) choose the method of delivery;
c) provide complete and truthful details of the recipient of the Order and the address to which the delivery is to take place, as well as provide a contact telephone number;
d) provide the invoice data, if different than the data provided for shipping the Order, if the Customer is to be issued a VAT invoice;
e) choose the form of payment;
f) confirm the Order, including the total price of the Order with delivery and any additional costs (if any) and the fact of reading these Regulations by selecting the "Order and pay" button (or another equivalent). Until the Order is placed - pressing the "Order and pay" button (or another equivalent) - the Customer may modify the Order.
Placing an Order by the Customer means submitting to the Seller an offer to conclude a Sale (purchase) Agreement for the ordered Product / Products.
After placing the Order, an e-mail will be automatically generated to the Customer's e-mail address indicated in the Customer Account or indicated in the ordering process for purchases without registration, confirming that the Seller has received the Order placed by the Customer.
The sales contract concluded between the Customer and the Seller regarding the purchase of a given Product on the Platform is timely and lasts for the duration of the Order. The place of performance related to the purchase of Products on the Platform is the delivery address indicated by the Customer.
The Administrator does not control or verify the identification data of the Customers provided by the Customers during the Order submission process.
The condition for the implementation of the Order is the availability of the Product selected by the Customer. If the selected Product covered by the order and/or some of the Products from the Order is not available, the Seller will immediately inform the Customer about this fact, asking him to decide further proceedings regarding the implementation of the Order. Lack of the Customer's decision as to how to execute his Order or the inability to contact the Customer for reasons not attributable to the Seller, after 7 days from the receipt of the above-mentioned information from the Seller, is tantamount to withdrawal from the Order by the Customer, and the Order automatically becomes canceled. If the Customer has already paid for the Product - the Seller will reimburse the Customer for the payment for the Order together with the shipping costs made, within 14 (fourteen) days from the cancellation of the Order. If the Order is realized in parts due to the lack of Products ordered by the Customer, the Customer bears only the costs of delivering the first shipment. The costs of delivery of the remaining shipments resulting from additional orders resulting from splitting the original Order shall be borne by the Seller. Regardless of the Customer's rights described above, if the ordered goods are unavailable and it is not possible to fulfill the Order placed by the Customer, the Seller has the right to cancel the Order, about which he will immediately inform the Customer. If the Ordering Party has already made the payment for the goods - the Seller will reimburse the Customer for the payment for the Order together with the shipping costs made, within 14 (fourteen) days from the cancellation of the Order. 5. Goods prices and payments The prices quoted next to the Products available on the Platform are prices expressed in Polish zlotys and including VAT at the statutory rate. The prices quoted in the Platform are binding at the time of placing the Order by the Customer. The cost of the method chosen by the Customer will be added to the total price of the Order
5. Price and paymentThe prices on the Platform are prices expressed in Polish zlotys and include VAT at the statutory rate.
The Customer may choose the following payment methods for the Products ordered by him:
a) bank transfer, electronic transfer or credit card through a fast online payment system available on the Platform;
b) cash on delivery - the payment is collected by the courier/ postman or the employee of the pickup point, however, if the ordered Product is to be delivered outside Poland, the payment can be made only by bank transfer;
In the title of the transfer, the Customer should provide his name and surname, order number. Failure to indicate any of the above-mentioned elements in the title of the transfer may prolong the Order process or impossibility its implementation.
After completing the Order, the Seller issues and delivers to the Customer a sales document (check/VAT invoice).
If the payment is not credited to the Seller's account for the Products ordered within 14 days from accepting the Order for execution (not applicable to cash on delivery), the Order is automatically canceled.
The Seller reserves can make changes to the offer of its Products, in particular in terms of the quantity and price of the Products sold, to add and withdraw Products from the offer, and to carry out and cancel all kinds of promotional campaigns and sales.
Promotions on the Platform cannot be combined, unless the regulations of a given promotion or information on the Platform provide otherwise.
6. Shipping costs and deliveryShipment of correctly ordered Products takes place in the manner specified in the Order, up to 3 business days from the acceptance.
The ordered products may be delivered via Poczta Polska, courier companies or other carriers, depending on the option selected on the Platform, to the postal address indicated in the Order.
In some cases - if it is indicated when placing the Order - it is possible to collect Products in person at personal collection points. The Seller informs about the possibility of collecting the ordered Product by e-mail or by phone.
The cost of delivery of the ordered products paid by the Customer and they are added to the total value of the Order, while the shipping costs are indicated in the Platform.
7. Withdrawal from the Sales Agreement According to the Act of May 30, 2014, the Customer who is a Consumer has the right to withdraw from the Sales Agreement concluded with the Seller within 14 days, without giving the reason for the withdrawal.
The period for withdrawal from the Sales Agreement begins for the Sales Agreement in the performance of which the entrepreneur issues the item.
The condition for withdrawal from the Sales Agreement, by the point 1 above, the ordered item (Product) is sent to the Seller's address 05-506 Kolonia Lesznowola, Postępu 14/16 - K&K Global. The return should take place immediately, no later than 14 days from the date on which the Consumer withdrew from the Sales Agreement. To meet the deadline, it is enough to return the item (Product) to the Seller's address before the deadline. The costs of returning the ordered Products to the Seller are paid by the Consumer.
The reimbursement of all receivables resulting from the withdrawal from the Sales Agreement (i.e. all payments made by the Consumer, including the costs of delivering the item, subject to point 5 below) shall be made using the same method of payment as used by the Consumer, unless the Consumer agrees to another method of return, which does not involve any costs for him, immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement, the Seller may withhold the reimbursement of payments received from the Consumer until receipt of the ordered goods back or delivery by the Consumer of proof of its return, depending on which event occurs first.
If the Consumer has chosen a method of delivery of the item (Product) other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The consumer is liable for a decrease in the value of the item (Product) as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
8. ComplaintsAll products available on the Platform are brand new, free from physical and legal defects, and have been legally placed on the Polish market.
The seller is obliged to deliver goods to customers without physical and legal defects. A physical defect of the Product is the non-compliance of the delivered Products with the Sales Agreement.
The Seller is liable under the warranty if a physical defect is found within 2 (two) years from the date of delivery of the Product to the Customer.
The complaint should contain at least the name, surname, address, date of conclusion of the Sales Agreement constituting the basis for the complaint, the subject of the complaint with an indication of the request, e-mail or postal address and a description of the objections, and in the case of a Product complaint, the Product complained about with its proof purchase, in order to enable the Seller to examine the goods and take a position on the legitimacy of the request or submitted statement.
If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller will ask the person submitting the complaint to supplement it in the indicated scope.
Correct complaints will be considered by the Seller within a maximum of 14 days from receipt of the complaint and sent to the e-mail address of the complainant indicated in the complaint or by letter, if the complainant does not provide an e-mail address. If the Seller does not respond to the requests within 14 days, it means that he considered the requests justified.
If the complaint is considered in favor of the Customer - the Seller shall immediately replace the defective Product with a Product free from defects or remove the defect.
The repaired or replaced Product is sent back to the Customer at the Seller's expense.
Products sold by the Seller may be covered by a warranty granted by the manufacturer or distributor. The Seller does not provide any warranty for any Products sold. The rights under the warranty should be exercised in accordance with the conditions set out in the warranty card.
Customer may complain about a Product with defects:
a) using the rights resulting from the warranty - in this case, the Customer advertises the Product directly to the guarantor (entity granting the warranty), and the Seller may only be an intermediary submitting the complaint. The customer, at his choice, may report directly to the warranty service or to the Seller;
b) using the rights he is entitled to the Seller under the warranty - in this case, a complaint must be submitted in accordance with the provisions of point 1-8 above.
The complaint procedure will take place in accordance with the provisions of the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176) and other generally applicable laws.
The Seller's decision as to the submitted complaint is final, which does not exclude the Customer's right to pursue claims through court proceedings.
9. Personal dataBy registering the Account or placing an Order, the Customer agrees to the processing of data (including personal data) contained in the entire registration.
The administrator of personal data is the Seller. Each customer has the right to inspect and update his data, as well as the right to request deletion of data and transfer them to another entity. Personal data may be corrected or deleted after logging in to the Customer Account or by reporting to the Seller.
The Seller processes personal data in order to provide services by electronic means
Personal data of the Platform's users and customers stored in the Platform's databases are stored and processed by the Administrator with adequate security measures (meeting all the requirements of Polish law), in a manner consistent with the scope of the consent granted by the user and in accordance with the applicable provisions on the protection of personal data, including the provisions of the EU Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (the so-called general Data Protection Regulation) - abbreviated as "GDPR".
10. NewsletterThe customer may agree to receive commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or at a later date by entering his e-mail address in the "Newsletter" form and clicking the "Subscribe" field. In the event of such consent, the Customer will receive the Platform's newsletter (Newsletter) to the e-mail address provided by him, as well as other commercial information sent by the Seller, including information about the Administrator, the Platform, products available on the Platform, the offer and promotions, as well as information on products and services of entities cooperating with the Administrator. The contract for the provision of the Newsletter electronic service is concluded for an indefinite period.
The customer may at any time opt out of receiving the commercial information on his own by checking the appropriate box in his Account or by submitting such a request to the Seller.
11. Dispute resolution and rednessAt the address http://ec.europa.eu/consumers/odr, the consumer has access to the resolution of consumer disputes by electronic means using the EU internet platform (ODR platform). The ODR platform is a multilingual, interactive website for servicing consumers and entrepreneurs seeking out-of-court settlement of disputes arising from the conclusion of a distance sales contract or contract for the provision of services.
12. Final provisionsAny disputes arising between the Seller and the Customer who is not also a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
In matters not covered by the Regulations, the relevant provisions of the law in force in the territory of the Republic of Poland, including the Civil Code, the Act on electronic service declaration of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended), on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.
The Seller reserves the right to change the provisions of these Regulations, provided that it does not violate the already acquired rights of the Customer (unless the changes result from applicable law). The Seller shall inform the Platform's Customers about each change at least 30 days before the changes are introduced by posting the content of the new Regulations on the Platform's start page and additionally sending it to the e-mail address of the registered Customer. The existing provisions of the Regulations shall apply to Orders placed before the effective date of the amendments. In the event that the Customer does not accept the changes made to the Regulations, he should stop using the Platform, including deleting his Account.
The Regulations enter into force on 1 October 2019. 6. Recognition of individual provisions of these Regulations in the manner prescribed by law as invalid or ineffective, does not affect the validity or effectiveness of the remaining provisions of the Regulations.