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Regulations

§ 1 GENERAL PROVISIONS
These Terms and Conditions define the rules for using the online store https://koimetalmerch.com/.

§ 2 DEFINITIONS
Business Days – days from Monday to Friday, excluding public holidays.
Account – a free Store function governed by separate regulations (a service provided electronically), allowing the Buyer to create an individual account in the Store.
Consumer – a consumer as defined by the provisions of the Civil Code.
Buyer – any entity making purchases in the Store.
Terms and Conditions – these terms and conditions.
Store – the online store Koi Metal Merch operated by the Seller at https://koimetalmerch.com/.
Seller – Jakub Kulikowski, unregistered business. Bielsko-Biała.

§ 3 CONTACT WITH THE SELLER
Email address: shop@koimetalmerch.com

§ 4 TECHNICAL REQUIREMENTS
For the Store to function properly, the following is required:

  • A device with internet access
  • A web browser that supports JavaScript and cookies.
    To place an order in the Store, an active email account is also required, in addition to the requirements listed in section 1.

§ 5 PURCHASES IN THE STORE
The prices of goods displayed in the Store are total prices for the goods.
The Seller indicates that the total order price consists of the price of the goods shown in the Store and, if applicable, the delivery costs.
The selected product for purchase should be added to the Store’s cart.
The Buyer then chooses from the available options in the Store: the method of delivery and payment, and provides the necessary data to complete the order.
The order is placed after the Buyer confirms its contents and accepts the Terms and Conditions.
Placing an order is equivalent to entering into a sales contract between the Buyer and the Seller and acceptance of the Store’s Terms and Conditions.
The Seller will provide the Consumer with confirmation of the sales contract on a durable medium no later than upon delivery of the goods.
The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each potential order.

§ 6 PAYMENTS
Payment for the placed order can be made, depending on the Buyer’s choice: via the payment platforms listed on the checkout page.
If payment is made via the WP-PAY payment platform, the service provider for online payments is Autopay S.A.
If the Buyer selects upfront payment, the order must be paid for within 3 Business Days of placing the order. After this period, the sales contract will be terminated due to the Buyer’s fault.
The Seller informs that for some payment methods, due to their specific nature, payment for the order is only possible immediately after placing the order.

§ 7 ORDER FULFILLMENT
The Seller is obliged to deliver goods without defects.
If the Buyer has chosen upfront payment, the Seller will begin order fulfillment after receiving the payment from the Buyer. The order will be shipped within 1–6 business days from the date the payment is posted, which may vary depending on the shipping destination (country).
The Seller reserves the right not to combine multiple orders and to cancel orders at the Client’s request that have not been shipped.
Goods are delivered only within the territory of the Republic of Poland.
Items purchased in the Store are delivered, depending on the delivery method chosen by the Buyer, via InPost Sp. z o.o.
There is no option for personal order collection.
The Buyer is obliged to inspect the shipment in the presence of the courier. In case of damage to the shipment, a transport damage report must be prepared, and the Seller must be immediately notified via email. Failure to report damage to the courier will prevent the initiation of a complaint procedure and the return of the goods.

§ 8 RIGHT TO WITHDRAW FROM THE CONTRACT
The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to §10 of the Terms and Conditions, within 14 days without providing any reason.
The withdrawal period expires after 14 days from the day:

  • on which the Consumer took possession of the goods or a third party, other than the carrier and indicated by the Consumer, took possession of the goods;
  • on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, the last of the goods in the case of a contract requiring the transfer of ownership of multiple goods delivered separately;
  • of the contract conclusion – in the case of a contract for the delivery of digital content.

To exercise the right to withdraw from the contract, the Consumer must inform the Seller electronically. All returns must be made by sending the completed withdrawal form located at the end of the Terms and Conditions, along with the returned product. The returned goods must be secured, packaged, and sent back in an undamaged condition to the Store’s address at the Buyer’s expense. The returned goods must not show any signs of use, dirt, wear, or odors. The cost of returning the goods is borne by the Buyer.
The Seller is obliged to refund the payments made by the Consumer for the returned goods promptly, but no later than within 14 calendar days from the day the product and withdrawal form are received. The refund will be made using the same payment methods used by the Consumer in the original transaction unless the Consumer agrees to another solution. In any case, the Consumer will not incur any fees related to the refund. The Seller will request the return of the goods to the address provided electronically as a response to the intention to return the goods, promptly and in accordance with statutory deadlines.
The Consumer is only responsible for any reduction in the value of the goods resulting from their use in a manner other than necessary to determine the nature, characteristics, and functioning of the goods.

§ 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to a contract:

  • where the subject of the service is a non-prefabricated item produced according to the Consumer’s specifications or serving to meet their individualized needs;
  • where the subject of the service is an item that deteriorates quickly or has a short shelf life;
  • where the subject of the service is an item delivered in sealed packaging, which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
  • where the subject of the service is things that, after delivery, due to their nature, are inseparably combined with other things;
  • where the subject of the service is audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
  • for the delivery of newspapers, periodicals, or magazines, except for a subscription agreement;
  • where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the withdrawal period expires;
  • for the delivery of digital content not stored on a physical medium, if the provision of the service began with the Consumer’s express consent before the expiration of the withdrawal period, and after informing the entrepreneur of the loss of the right of withdrawal.

§ 10 COMPLAINTS
In the event of a defect in the goods, the Buyer may file a complaint about the defective goods based on the warranty or guarantee provided in the Civil Code, if a guarantee has been granted.
Under the warranty, the Buyer may, in accordance with the rules and deadlines set out in the Civil Code:

  • submit a statement about a price reduction,
  • in the case of a significant defect – submit a statement of withdrawal from the contract,
  • demand the replacement of the item with a defect-free one,
  • demand the removal of the defect.
    The Seller asks that complaints be submitted under the warranty to the postal or electronic address provided in §3 of the Terms and Conditions.

The Seller will respond to the complaint as soon as possible, but no later than within 14 business days from the date of its delivery. The basis for initiating the complaint or return procedure is the properly completed complaint or return form available on the website. Submitting a different or incorrectly completed form may delay the processing of the complaint.

§ 11 PERSONAL DATA
The administrator of personal data provided by the Buyer during the use of the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and bases for data processing, as well as data recipients – is available in the Privacy Policy available in the Store, in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and Council (EU) – “GDPR”.
The purpose of processing the Buyer’s data provided in connection with purchases in the Store is to fulfill orders. The legal basis for processing personal data in this case is:

  • the sales contract or actions taken at the Buyer’s request to conclude it (Art. 6(1)(b) GDPR)
  • the legal obligation of the Seller related to accounting (Art. 6(1)(c) GDPR) and
  • the Seller’s legitimate interest in processing the data to establish, pursue, or defend any claims (Art. 6(1)(f) GDPR).
    Providing data by the Buyer is voluntary but necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
    The Buyer’s data provided in connection with purchases in the Store will be processed until:
  • the sales contract between the Buyer and the Seller ceases to apply;
  • the Seller is no longer legally obliged to process the Buyer’s data;
  • the possibility of pursuing claims by the Buyer or the Seller related to the concluded sales contract ceases;
  • the Buyer’s objection to the processing of their personal data is accepted – if the data was processed based on the legitimate interest of the Seller.

§ 12 RESERVATIONS.

The Buyer is prohibited from providing any unlawful content.
Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded at the time and for the purpose of fulfilling the order.
Contracts based on these Terms and Conditions are concluded in the Polish language.
None of the provisions of the Terms and Conditions exclude or in any way limit the consumer’s rights under applicable law.
The provisions regarding goods and sales contracts apply accordingly to digital content and contracts for the delivery of digital content unless the Terms and Conditions stipulate otherwise.

§ 13 PROVISIONS FOR BUYERS WHO ARE NOT CONSUMERS

The right to withdraw from a distance contract does not apply to entities other than Consumers.
All liability of the Seller towards a Buyer who is not a Consumer is excluded to the fullest extent permitted by law.
In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court appropriate for the Seller’s registered office.