Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS
hurtownia-kesi.pl

I. Definitions

The terms used in these Terms and Conditions shall have the following meanings:

1. Seller – MARWELO Spółka z ograniczoną odpowiedzialnością, with its registered office in Tuszyn (95-080), al. Jana Pawła II 63, entered in the National Court Register under KRS No. 0000570794, Tax Identification No. (NIP): 7312049557, National Business Registry No. (REGON): 362216828, share capital: PLN 1,000,000; the body authorised to represent the company is the Management Board represented by Velat Kilinc – President of the Management Board; e-mail: info@hurtownia-kesi.pl.
2. Online Store (Store) – the online store available at www.hurtownia-kesi.pl and its subpages, conducting wholesale sales exclusively to domestic or foreign entities carrying on business activity.
3. Customer – any domestic or foreign entity carrying on business activity that, after registering with the Store, has concluded with the Seller a wholesale sale agreement concerning goods offered at www.hurtownia-kesi.pl; this term also includes any domestic or foreign entity carrying on business activity that is in the process of placing an order in the Store.
4. Goods – products presented in the Online Store.
5. Order – the Customer’s declaration of intent aimed directly at concluding a sale agreement, specifying in particular the type and quantity of Goods.
6. Sale – a wholesale sale agreement concerning goods offered in the Store, concluded between the Seller and the Customer through the Store’s website in accordance with these Terms and Conditions and the information available at www.hurtownia-kesi.pl.
7. Registration – the provision by the Customer of all data necessary to verify the Customer, conclude and perform the agreement, and issue the documentation appropriate for the transaction.
8. Terms and Conditions – these terms and conditions for the provision of electronic services through the online store www.hurtownia-kesi.pl. Customers may access these Terms and Conditions at any time using the link on the Store’s homepage and may download and print them.
9. Policy – the Privacy Policy available at www.hurtownia-kesi.pl/Polityka-Prywatności.
10. Reservations:

• The Store does not conduct consumer sales.
• In accordance with applicable law, the Seller reserves the right to restrict the services provided through the Online Store to persons aged 18 or over. Potential Customers shall be informed of any such restriction.

II. General provisions

1. These Terms and Conditions set out the rules governing the provision of electronic services by the Seller to Customers, enabling them, following registration with the Store, to conclude online sale agreements concerning goods offered by the Store at the prices stated on the relevant Store pages. In particular, these Terms and Conditions specify:
   a) the rules for registration and use of an account in the Online Store;
   b) the terms and conditions for electronically reserving products available in the Online Store;
   c) the terms and conditions for electronically placing Orders in the Online Store;
   d) the rules for concluding sale agreements using the services provided by the Online Store.
2. Content presented on the Store’s website, including in particular announcements, advertisements, price lists and other information, does not constitute an offer within the meaning of Articles 66 and 66(1) of the Polish Civil Code, but an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code.
3. Prices of goods offered by the Store are stated in Polish zlotys and exclude VAT (the price shown in bold); the gross price inclusive of VAT is shown in brackets. The Seller may modify the Store’s product range and prices and may organise or cancel promotional campaigns. Such changes do not affect individual sale agreements already concluded with Customers.
4. A purchase in the Store may be made after the Customer provides full details of their business activity and address details while placing an order as part of the Registration process.
5. For the proper settlement of the transaction for value added tax purposes, during registration the Customer must state whether they are registered as a VAT taxpayer (a domestic entity) or as a value added tax taxpayer (a foreign entity established in the EU).
6. A Customer that is a foreign entity must state during registration whether it is required to account for an intra-Community acquisition of goods in the Member State in which it has its registered office.
7. The Customer must inform the Seller of any change concerning its VAT (value added tax) status or the accounting for intra-Community acquisitions of goods within seven days of the change.
8. No special technical requirements need to be met by the Customer’s computer or other device to use the Store. Internet access, an e-mail address, a standard operating system and a web browser are sufficient.
9. Cookies must be enabled in the web browser in order to use the Store correctly and place an order. Cookies are used to maintain the Customer’s session after login and to maintain the ordering process. They may subsequently be deleted using the relevant web-browser settings or other software. Detailed information on cookies is included in the Policy.

III. Rules for using the Online Store

1. A person wishing to conclude an agreement with the Seller must register by completing and accepting the Store’s registration form. An entity that has already registered only needs to log in to its account using the password received. The Customer may delete the data provided during registration at any time. Following Registration, the Customer may edit its data and place orders. The Seller recommends that the Customer keep its Store login details secure to prevent unauthorised access.
2. Acceptance of the Terms and Conditions and the Policy is required to complete registration with the Store.
3. The Seller may immediately deprive the Customer of the right to use the Online Store or restrict access to some or all of its resources if the Customer breaches these Terms and Conditions, in particular where the Customer:
   • provided false, inaccurate, outdated or misleading data during registration, or data infringing third-party rights;
   • used the Online Store to infringe the personal rights of third parties, including other Customers;
   • engaged in other conduct that the Seller considers contrary to applicable law, the general rules of Internet use or the Seller’s good name.
4. A person deprived of the right to use the Online Store may not register again without the Seller’s prior consent.
5. To ensure the security of messages and data transmitted in connection with services provided through the website, the Online Store applies technical and organisational measures appropriate to the level of risk, including measures preventing unauthorised persons from acquiring or altering personal data transmitted over the Internet.
6. The Customer is required in particular to:
   • refrain from providing or transmitting content prohibited by law, including content promoting violence, defamatory content, or content infringing personal rights or other third-party rights;
   • use the Online Store in a manner that does not disrupt its operation, including through the use of particular software or devices;
   • refrain from distributing or posting unsolicited commercial information (spam) within the Online Store;
   • use the Online Store in a manner that is not burdensome to other Customers or the Seller;
   • use all content available within the Online Store solely for personal use.

IV. Procedure for concluding a Sale Agreement

1. To conclude a sale agreement through the Online Store, the Customer must visit www.hurtownia-kesi.pl, select clothing, leather goods, additions and accessories, and complete the successive technical steps in accordance with the messages displayed and information available on the website.
2. The Customer selects the Goods to be ordered by adding them to the shopping cart.
3. While placing an Order, until the “Place order” button is pressed, the Customer may modify the data entered and the selected Goods, including adding further goods to the cart, removing goods from it or abandoning the purchase. The Customer should follow the messages displayed and the information available on the website.
4. At this stage, the Customer should select a payment method. The summary will specify the delivery method, the selected payment method and their costs. The amount payable (Order value) will then be updated by adding the charges for the selected payment and delivery options.
5. After adding all Goods to be ordered to the shopping cart and verifying or completing the delivery details, the Customer should check that the cart is correct. The Customer may also add comments to the Order at this stage. The Goods displayed in the summary, together with their quantities and prices and the selected delivery and payment methods and their costs, constitute the Seller’s offer to the Customer to purchase those Goods.
6. Once the Customer has provided all required data, a summary of the Order will be displayed. The summary will include information concerning:
   a) the subject matter of the Order;
   b) the unit and total price of the products or services ordered, including delivery costs and additional costs, if any;
   c) the selected payment method;
   d) the selected delivery method;
   e) the delivery time.
7. To submit the Order, the Customer must accept these Terms and Conditions, provide the personal data marked as mandatory and press the “Order with obligation to pay” button.
8. By submitting the Order, the Customer accepts the Seller’s offer referred to above, thereby concluding a sale agreement between the Customer and the Seller in accordance with these Terms and Conditions. The sale agreement is concluded in Polish and its content complies with these Terms and Conditions.
9. After placing the Order, the Customer receives an e-mail entitled “Order No. …” containing final confirmation of all material elements of the sale agreement.
10. If the Customer selects “Prepayment”, clicking the relevant tab will redirect the Customer to the website of the online payment service provider. The payment is processed in accordance with the terms and conditions available on that provider’s website.

V. Delivery and payments

1. Goods are delivered to the address provided by the Customer when placing the Order. We deliver Goods exclusively to: Austria, Belgium, Belarus, Bulgaria, Burkina Faso, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Georgia, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Norway, Poland, Portugal, Russia, Romania, Serbia, Slovakia, Slovenia, Switzerland, Sweden, Ukraine, Hungary, the United Kingdom, Italy and Côte d’Ivoire.
2. The ordered Goods are delivered by courier or collected in person by the Customer after prior payment of the price.
3. The available methods, costs and time limits for delivery of the Goods and processing of payments are specified each time the Order is placed.
4. The Customer may pay the price:
   a) by bank transfer to the following Bank Millennium S.A. account: 18 1160 2202 0000 0003 3626 1941;
   b) through Przelewy24;
   c) through PayU;
   d) cash on delivery to the courier.
5. Once the Order has been completed, an electronic invoice documenting the Order within the meaning of the Polish Act of 11 March 2004 on Goods and Services Tax (consolidated text: Journal of Laws 2011, No. 177, item 1054) will be sent to the e-mail address provided by the Customer.

VI. Complaints concerning Goods

1. Immediately after receiving the Goods, the Customer must inspect them in the courier’s presence, raise any objections concerning the delivered Goods with the courier and, within six hours, inform the Store by e-mail of any irregularities potentially attributable to the Store. The Customer must prepare and send appropriate photographic evidence; otherwise, irregularities reported at a later time will be deemed not attributable to the Store.
2. The Seller states that it is obliged to deliver Goods free from defects.
3. Complaints concerning electronic services provided by the Seller or purchased Goods may be submitted in writing to the Seller’s address stated above or by e-mail to info@hurtownia-kesi.pl.
4. A complaint should include the Order number or other data enabling its identification, the Customer’s contact details enabling a response, and a description of the event giving rise to the complaint.
5. The Seller will respond to a complaint within 14 days of receiving it. If this is not possible, the Seller will inform the Customer within that period when the complaint will be considered.
6. The Seller is not the manufacturer of the Goods. The manufacturer is liable under the warranty for the sold Goods on the terms and for the period specified in the warranty document. Where the warranty document permits, the Customer may submit warranty claims directly to the authorised service centre whose address is stated in that document.
7. The Customer must immediately notify the Seller at the addresses stated above of any irregularity or interruption in the operation of the Online Store. The notification should contain the Customer’s full name, correspondence address, and the type and date of the irregularity. The Seller undertakes to consider each notification within 21 days or, where this is not possible, to inform the Customer within that period when it will be considered.

VII. Dispute resolution and final provisions

Any disputes arising between the Seller and the Customer shall be submitted to the court having jurisdiction over the Seller’s registered office.

VIII. Right to withdraw from the Agreement

1. If the Customer is a Consumer or a natural person concluding a sale agreement directly related to their business activity but not of a professional nature for that person, as determined in particular by the subject matter of the business activity disclosed in the Polish Central Register and Information on Business Activity, the Customer has the right to withdraw from the agreement concluded with the Seller without giving any reason within 14 days.
2. The withdrawal period begins on the day on which the Customer or a third party designated by the Customer, other than the carrier, takes possession of the Goods. If the agreement covers multiple Goods delivered separately, in batches or in parts, the period begins on the day on which the last item, batch or part is taken into possession.
3. The mere issuance of a VAT invoice does not deprive a natural person carrying on business activity of the right to withdraw from the agreement if the purchase is not of a professional nature for that person. The statutory right of withdrawal does not apply to entrepreneurs making a purchase of a professional nature, subject to the voluntary right of return specified in points 4–6.
4. The Seller voluntarily grants a Customer who is an entrepreneur and makes a purchase of a professional nature the right to withdraw from the agreement without giving any reason within 21 days of receiving the Goods.
5. Under the voluntary B2B right of return, the number of products returned may not exceed 30% of the total number of products covered by the relevant Order. The calculated limit is rounded down to the nearest whole item, provided that the Customer may return at least one item.
6. If the number of products submitted for return exceeds the limit specified in point 5, the Seller may refuse to accept the part of the return exceeding 30% of the number of products covered by the Order. A voluntary B2B return may cover only products that are complete, unused, undamaged and in an unimpaired condition.
7. To exercise the right of withdrawal or the voluntary B2B right of return, the Customer should inform the Seller of its decision by an unequivocal statement sent by e-mail to info@hurtownia-kesi.pl or in writing to the Seller’s registered-office address specified in these Terms and Conditions.
8. The Customer may use the model withdrawal form, but this is not mandatory. To meet the deadline, it is sufficient to send the statement before that deadline expires.
9. The Customer may also complete and submit the withdrawal form or another unequivocal statement electronically through the hurtownia-kesi.pl website. In that case, the Seller will immediately send the Customer confirmation of receipt of the statement on a durable medium, in particular by e-mail.

IX. Effects of withdrawal from the Agreement

1. In the event of effective withdrawal by a Consumer or a natural person carrying on business activity for whom the purchase was not of a professional nature, the Seller will reimburse all payments received, including the cost of the least expensive standard delivery method offered by the Seller.
2. If the Customer selected a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not required to reimburse the additional costs incurred by the Customer.
3. The reimbursement will be made without undue delay and no later than 14 days after the Seller receives the statement of withdrawal. The Seller may withhold the reimbursement until it receives the returned Goods or the Customer provides proof that the Goods have been sent back, whichever occurs first.
4. The reimbursement will be made using the same payment method used by the Customer, unless the Customer expressly agrees to another reimbursement method that does not incur any costs for the Customer.
5. The Customer should return the Goods without undue delay and no later than 14 days after informing the Seller of the withdrawal. The deadline is met if the Goods are sent back before it expires.
6. The Customer bears the direct cost of returning the Goods.
7. The Customer is liable for any reduction in the value of the Goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.
8. In the case of a voluntary B2B return, the original delivery cost of the Order is non-refundable and the Customer bears the direct cost of returning the products.