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Terms and Conditions
These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop, unless a given provision of the Terms and Conditions provides otherwise and is addressed only to Consumers or Entrepreneurs.
Provisions concerning Consumers contained in these Terms and Conditions also apply to a natural person conducting business activity concluding a Contract directly related to his/her business activity, when from the content of the Contract it follows that it is not of professional character for this person, arising in particular from the subject of his/her business activity.
As a condition of using the Shop, you must read the Terms and Conditions and the Privacy Policy, accept all their provisions and undertake to use the Shop in accordance with their provisions.
If you do not accept any of the provisions of the Terms and Conditions or Privacy Policy, you should not use the Shop.
The shop takes care of the Consumer's rights. The Consumer may not waive the rights granted to him. Provisions of the Terms and Conditions that are less favourable to the Consumer shall be null and void and the provisions of universally applicable law shall apply in their place. Therefore, the provisions of the Terms and Conditions are not intended to exclude or limit any rights of the Consumers to which they are entitled under mandatory provisions of the law, and any possible doubts should be interpreted in favour of the Consumer.
The Seller is obliged to perform the Contract concluded with the Buyer in accordance with its provisions, and the Seller shall be liable for non-compliance of the performance with the Contract.
Any capitalised words, the meaning of which is defined below, shall be understood as follows:
Shop - the Seller's online shop available at https://www.kominkowe24h.pl/sklep-internetowy/.
Rules and Regulations - these rules and regulations of the Store;
Seller - Dawid Zabielski conducting business activity under the name E-commerce Remote Assistance Dawid Zabielski with registered office in Skawina, at 39 Tyniecka Street, 32-050 Skawina, phone: 536 595 095, e-mail: bok@kominkowe24h.pl , NIP: 9442226384, registered in the Central Register and Information on Business Activity conducted by the competent minister for economy;
Buyer - a natural person with full legal capacity (in cases specified by law also a person with limited legal capacity), a legal person or an organisational unit without legal personality and to which legal capacity has been granted by law, who uses services provided electronically by the Seller;
Consumer - a natural person making a legal transaction not directly connected with his/her economic or professional activity;
Working days - all days of the week from Monday to Friday, excluding Saturdays, Sundays and public holidays by law;
Calendar days - all full days, including Saturdays, Sundays and public holidays by law;
Promotion - a time-limited price discount on selected Products;
Order - the Buyer's declaration of intent constituting an offer to conclude a Product Sales Contract with the Seller;
Individual Offer - an offer prepared on the individual request of the Buyer, which is sent to him by the Seller in the form of an e-mail message to the indicated e-mail address. Acceptance of an Individual Offer by the Buyer is tantamount to reading and accepting the Shop Rules and the Seller's Privacy Policy and thus concluding a Product Sales Contract with the Seller;
Contract - a contract of sale or assembly of a Product, concluded through the Shop;
Product - a movable item available in the Shop, being the subject of a Contract between the Buyer and the Seller. All Products available in the Shop are original, brand new (free of defects) and in accordance with applicable standards and requirements;
Basket - a list of Products drawn up from the Products offered in the Shop on the basis of the Buyer's choice;
Proof of Purchase - a VAT invoice confirming the purchase of a Product;
Newsletter - a service provided electronically by the Seller, which consists of enabling interested Buyers to automatically receive the most important information related to the Store to the email address provided;
Contract Withdrawal Form - a document attached to the Terms and Conditions that allows the withdrawal from the Contract;
Complaint form - the document attached to the Terms and Conditions that enables a complaint to be made;
Force majeure - fortuitous events that are impossible to foresee and prevent, in particular sudden major industrial and technological failures, interruption of energy supply, restrictions caused by war, strike, state of emergency, epidemic, natural disaster or order of national and local government authorities preventing the execution of the subject matter of the agreement, etc;
§ 1 Rules of using the shop:
(1) The services provided electronically by the Seller consist in:
- enabling the conclusion of the Contract by purchasing products through the Shopping Cart,
- enabling the conclusion of a Contract through the sending of an Individual Offer by the Seller to the Buyer;
- running a Newsletter.
(2) Before purchasing products through the Shopping Cart, the Buyer is requested to read and accept the content of the Rules and Regulations and Privacy Policy.
Third The Buyer is obliged to use the Store in a manner consistent with applicable law, rules of social coexistence and good morals, taking into account respect for personal rights and intellectual property rights of third parties.
(4) The Store may organise promotions for selected Products from the Store's offer. The rules of promotion are decided by the Seller, making them public on the website of the Store.
(5) Advertisements, Seller's advertisements, price lists and other information about the Products, provided on the website of the Store, in particular their descriptions, technical and performance characteristics and prices, are an invitation to conclude the Agreement.
(6) To effectively place an order in the Store, a computer with a processor of min. 200MHz, 64MB RAM, a graphics card supporting 800x600 resolution and 256 colours and a web browser (Internet Explorer (version >= 6.0), Microsoft Edge, Mozilla Firefox, Opera) as well as a keyboard or other pointing device, allowing the proper completion of electronic forms.
(7) Contact with the Seller in matters concerning the Store is possible at the e-mail address bok@kominkowe24h.pl , telephone number 48 536 595 095 or through the contact form available in the Store.
§ 2 Conditions for placing an Order
(1) The Buyer may choose one of the following methods of placing an Order:
(a) placing an Order by adding products to the Basket,
b) placing an Order by accepting an individual Offer received from the Seller.
(2) Orders referred to in § 2.1(a) and (b) may be placed 24 hours a day, 7 calendar days a week.
(3) In order to effectively place and execute the Order referred to in . § 2, point 1, letter a, it is necessary to add the Product to the Basket, fill in by the Buyer the Order Form available on the website of the Store and send it to the Store.
(4) For the effective placement and processing of the Order referred to in § 2, point 1, letter b it is necessary for the Seller to send an offer prepared at the individual request of the Buyer in the form of an email and acceptance of its terms by the Buyer.
(5) Orders placed on Working Days after 4:00 p.m. on Saturdays and Sundays and public holidays shall be processed on the next Working Day.
(6) Confirmation of the placement and acceptance for execution of the Order shall be sent to the Buyer by the Seller in the form of an e-mail message. The contract shall be deemed concluded upon the receipt of the e-mail message by the Buyer.
(7) Orders submitted for fulfilment may be modified or cancelled by the Buyer up to the moment of payment for the Product. Changes may only concern the cancellation of all or part of the Products comprising the Order. Changes to the delivery address or changes to the details on the Proof of Purchase may be made until the Product is dispatched. Changes to the Order or cancellation of the Order can be made by contacting the retail department at tel. 48 536 595 095 or by sending an email to: bok@kominkowe24h.pl . Any change may result in a change to the lead time for the Order.
(8) The lead time for the Order is up to 30 Working Days. This time varies depending on the type of Product and its availability. Products available immediately are usually shipped within 48 hours, custom-made products are usually shipped within 7-10 business days, and during the heating season approximately 14-20 business days.
(9) The Buyer is informed of the lack of availability of the Products and may therefore agree to extend the lead time for the Order or cancel the ordered Product or the entire Order. In the case of unavailability of the Products, the estimated time for the fulfilment of the Order is determined individually with the Buyer.
(10) In the event of any doubts concerning the Order (e.g. address error, incomplete personal data), the Seller reserves the right to verify the Order by the Store personnel.
(11) The Seller reserves the right to cancel the Order if the Buyer, despite the request, has not supplemented within 7 calendar days the deficiencies required for effective execution of the Order.
§ 3 Payment
(1) All prices quoted in the Shop include VAT and other items. Delivery costs shall be added to the total amount of the Order.
(2) The Buyer shall be informed of the total amount of the Order each time before the final confirmation of the Order.
(3) In the case of placing an Order as an entrepreneur, the Shop will require the Buyer to provide additional data (including company name, NIP / VAT EU), in relation to the data required from the Buyer, placing the Order as a consumer, which results from tax obligations borne by the Seller and the Buyer.
(4) In the case of placing an Order and supplementing the data by the Buyer acting as a Consumer, it is not possible to change the nature of this sale to a professional one, i.e. one in which the Buyer will act as a businessman.
(5) The Buyer may choose one of the following methods of payment for the Products ordered (in certain cases or depending on the type and place of delivery chosen by the Buyer, the Seller reserves the right to accept only certain methods of payment):
payment by regular or online transfer to the Seller's bank account for orders finalised on www.kominkowe24h.pl and orders processed after an individual quote
payment via przelewy24 platform in case of orders finalised on www.kominkowe24h.pl.
(6) The choice of payment is made by the Purchaser when placing the Order.
(7) In the case of selection of a method of payment referred to in § 3, item 5, subsection 1, the Products shall be dispatched after 100% of the total amount of the Order has been credited. Payment transfers should be directed to one of the Seller's bank accounts indicated below:
Payments in PLN:
E-commerce Remote Assistance Dawid Zabielski
Tyniecka 39 Street, 32-050 Skawina
Account no: 39 1090 1665 0000 0001 3596 3733
Deposits in EUR:
E-commerce Remote Assistance Dawid Zabielski
39 Tyniecka St., 32-050 Skawina
Account no: 08 1090 1665 0000 0001 5333 3014
3.1 CORRECTION OF INVOICES
(1) In the cases described below, the Seller shall be entitled to issue a correction invoice. Acceptance of the Terms and Conditions shall be deemed as the Purchaser's consent to issue a correcting invoice if the conditions for correcting are fulfilled (without the necessity to agree further with the Purchaser on the conditions for issuing a correcting invoice).
(2) Situations in which the Seller is entitled to issue a correction invoice:
(a) acceptance of a return of a Product or a declaration of withdrawal from the
contract made by the Buyer;)
b) acceptance of a complaint about a Product made by the Buyer;
(c) the granting of a post-transaction discount to the Buyer or a reduction in the price
after the sale of the Product;
d) cancellation by the Buyer of an Order for which an advance payment has been
made and an invoice issued, or failure to settle an advance payment made by the
Buyer for other reasons
e) obvious errors in an invoice issued, noticed after the delivery of the Product. 3.
(3) In the situation referred to in § 3.1, item 2, letter a, the Seller shall be entitled to issue a correcting invoice at the time of completion of the internal process, acceptance of return of the Product or notice of withdrawal from the contract and issuance of correction to the WZ document.
(4) In the situation referred to in § 3.1, item 2, letter b, the Seller shall be entitled to issue a correction invoice at the moment of completion of the internal process, acceptance of the Product complaint and informing the Buyer thereof. In the case where the acceptance of the complaint ends in the acceptance of the return of the Product, the procedure described in paragraph 3 shall apply.
(5) In the situation referred to in paragraph 3.1, item 2, letter c., the Seller is entitled to issue a correction invoice at the time of granting a post-transaction discount or price reduction after the sale of the Product and inform the Buyer thereof.
(6) In the situation referred to in § 3.1, item 2, letter d. the Seller shall be entitled to issue a correcting invoice at the moment of accepting the resignation from the Order or at the moment of not settling the advance payment made by the Buyer for other reasons and notifying the Buyer thereof.
(7) In the situation referred to in § 3.1, item 2, letter e), the Seller shall be entitled to issue a correcting invoice at the moment of spotting an error on the invoice, informing the Purchaser about it and the absence of an immediate (within 3 Business Days from the receipt of information by the Purchaser) objection from the Purchaser.
(8) The Seller shall also be entitled to issue a correcting invoice in any other situations that require it, but then the details of the correcting invoice shall be agreed bilaterally between the Seller and the Buyer.
§ 4 Delivery
(1) The Buyer may choose the following delivery methods for the ordered Products (in certain cases or depending on the type and place of delivery chosen by the Buyer or the size of the shipment, the Seller reserves the right to accept only certain delivery methods):
(a) delivery of the Products by courier companies;
b) > withdrawn<
c) collection of the Products at the company's headquarters at 39 Tyniecka Street in
Skawina.
(2) The delivery address is provided by the Buyer when placing the Order.
(3) The costs of delivery shall be borne by the Buyer.
(4) Approximate waiting time for delivery, from the moment of delivery to the courier in the territory of the Republic of Poland (which takes place on working days) is: 2 working days.
(5) The Buyer undertakes to collect the ordered Product.
§ 5 Complaint for damaged shipment.
(1) After signing the waybill (legible signature, date and time of receipt of the parcel), the Buyer, who is not a Consumer, is obliged to check the contents of the parcel in the presence of the courier. The courier is obliged to wait until the consignment has been checked. In the event that the Product is found to be missing or damaged, a damage report must be drawn up, which will be the basis for processing the complaint. If the courier fails to fulfil his obligation, i.e. does not wait until the parcel has been checked, the Buyer is obliged to report the damage to the shipping company handling the delivery on the day of receipt.
(2) In the case of damage to the parcel, the courier is obliged to complete a damage protocol on the spot. This protocol should be kept at the courier's disposal. The courier is obliged to write down the damage protocol, if the courier refuses to write down the damage protocol, please report to the Customer Service of the shipping company handling the delivery.
(3) Before the Buyer signs the damage report, it should be read carefully and particular attention should be paid to ensure that the information contained in it corresponds to the actual state of the consignment (damage to packaging, warning markings). In addition, the Buyer may take photographs of the damaged Product.
(4) In the case of difficulties in checking the Product or refusal of the courier to write down the damage protocol, the Seller suggests writing down the personal data of the employee of the shipping company - name, surname and the number of the courier - and immediately passing this information to the person who handled the Order or the claims department at 536 595 095.
(5) The Buyer should send the completed damage report (necessarily including the date of delivery of the goods) by e-mail to reklamacje@kominkowe24h.pl.
(6) If the Buyer refuses to accept the consignment due to damage, an appropriate note should be made on the consignment note.
(7) Complaints due to damage in transit are not reported by couriers of transport companies, so the Buyer is asked to provide the Seller with a completed damage report, which was drawn up with the courier.
(8) The Product under complaint should be sent to the address of the Seller's registered office.
(9) The provisions of points 1 - 8 do not apply to Buyers who are Consumers. In the case of these persons, the Seller only recommends checking the parcel in the presence of the courier. Failure to check the shipment and prepare the damage protocol does not stop the possible complaint, although if such verification is made the complaint procedure will be significantly improved.
§ 6 Warranty claims.
(1) In the event of determining that the Product is defective, the Buyer is obliged to notify the Seller.
(2) The complaint should contain a description of the defect of the Product, the date on which it occurred and the Buyer's request. In order to facilitate the complaint procedure, the Seller makes the Complaint Form available on the website of the Shop as well as the Complaint Form in the text file format. The Buyer is requested to send the completed Complaint Form or to send the completed Complaint Form, to the Seller, for example, by e-mail to: reklamacje@kominkowe24h.pl.
(3) The Buyer is requested to enclose the Proof of Purchase or a copy thereof with the Product under complaint.
(4) The Buyer is obliged to send back the Product under complaint. We kindly ask to attach the Proof of Purchase and information about the order number and the Buyer's e-mail address to the shipment in order to facilitate the processing of the complaint.
(5) The Product under complaint should be sent to the registered address of the Seller.
(6) If the data or information provided in the complaint need to be supplemented, the Seller shall request the complainant to supplement it in the indicated scope before considering the complaint.
(7) The Seller undertakes to respond to the complaint submitted by the Purchaser within 14 calendar days. Lack of response from the Seller after the expiry of the time limit indicated in the previous sentence shall result in considering the complaint as justified.
(8) The Seller shall be liable under the warranty if the defect has been found before the lapse of 2 years from the release of the Product to the Buyer.
(9) Slight differences in appearance resulting from individual settings of the Buyer's computer - in particular the monitor - may not be sufficient basis for a complaint about a purchased Product.
(10) The Seller's liability under warranty towards non-consumer Buyers is completely excluded.
§ 7 Warranty
(1) Products offered in the Store are covered by a quality guarantee on the proper functioning of the Product specified on the Proof of Purchase, which is granted by the Seller.
(2) The warranty period granted for each Product sold varies - depending on the Product and its components. The Product may consist of many separate parts and different warranty periods will apply to the different parts.
(3) The warranty period starts when the first Buyer (end user) purchases the original Product.
(4) The Buyer's rights under the guarantee shall automatically lapse upon expiry of the guarantee period.
(5) Any damage caused by improper handling, storage, improper maintenance, non-compliance with the conditions set out in the instructions for use and operation and other causes not attributable to the manufacturer will result in the loss of warranty benefits.
(6) In order to make a complaint, the Buyer should send to the email address: reklamacje@kominkowe24h.pl a completed Complaint Form. The Buyer is requested to enclose the Proof of Purchase or a copy thereof and the warranty card.
(7) The reported complaint shall be subject to verification by the Seller, who will determine whether the defect is not the fault of the Buyer. The complaint will be considered within 14 calendar days from the moment of its written submission.
(8) The warranty does not exclude, limit or suspend the Buyer's rights under the Seller's liability for physical and legal defects of the Product resulting from the provisions on warranty for defects of the sold thing.
§ 8 Withdrawal from the Contract
(1) The Buyer who is a Consumer has the right to withdraw from the Contract, without giving any reason, within 14 Calendar Days:
a) in the case of the purchase of one Product, from the day on which the Buyer came
into possession of the Product or on which a third party other than the carrier and
indicated by the Buyer came into possession of the Product;
b) in the case of the purchase of several Products which are delivered separately,
from the date on which the Buyer took possession of the last Product or on which a
third party other than the carrier and indicated by the Buyer took possession of th
last Product;
c) in the case of the purchase of Products which are delivered in instalments or parts,
from the day on which the Buyer acquires possession of the last instalment or part or
on which a third party other than the carrier and indicated by the Buyer acquires
possession of the last instalment or part;
d) in the case of a contract which is subject to a regular delivery of Goods over a
fixed period of time, from the day on which the Buyer took possession of the first
Goods or on which a third party other than the carrier and indicated by the Buyer took
possession of the first Goods.
(2) The Buyer shall not be entitled to the aforementioned right in the cases described by law, primarily:
(a) the provision of services, if the Seller has performed the service in full with the
express consent of the Buyer, who has been informed before the start of the service
that he will lose his right of withdrawal after the Seller has performed the service;
(b) contracts whose object of performance is a non-refabricated item produced to the
Buyer's specifications or serving to satisfy his individual needs;
c) specific contracts in which the subject matter of the performance is things which,
after delivery, by their nature become inseparably linked with other things;
d) contracts in which the Buyer has expressly requested that the Seller come to him to carry out urgent repairs or maintenance. If the Seller provides in addition other
services than those requested by the Buyer or delivers things other than spare parts
necessary to perform repair or maintenance - the Buyer has the right to withdraw
from the distance contract with regard to additional services or things.
(3) In order to exercise the right of withdrawal from the Contract, the Buyer must inform the Seller of his decision to withdraw from the Contract by an unequivocal statement communicated to the Seller by any means. The Buyer may use the template of the Withdrawal Form, but this is not obligatory. In order to observe the term of withdrawal, it is sufficient for the Buyer to send information on exercising the Buyer's right of withdrawal from the Contract before the expiry of the term.
(4) When withdrawing from a Contract concluded remotely, the Buyer is obliged to return the Product within 14 calendar days from the date of withdrawal. Products returned when withdrawing from the Agreement should be sent to the following address:E-commerce Remote Assistance Dawid Zabielski ul. Piłsudskiego 7, 32-050 Skawina. We kindly ask you to attach the Proof of Purchase or its copy to the returned Product.
(5) The shipping costs of the returned Product shall be borne by the Buyer. If the Product, due to its nature, cannot be returned by post in the usual way, the Buyer shall bear the direct costs of returning the Product (e.g. shipping costs of the Product by courier).
(6) Before exercising the right of withdrawal from the Contract, the Buyer may use the Product purchased at a distance only as it can be done in a stationary store, but may not use such Product. The Buyer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In the event of damage consisting in diminution of the value of the Product resulting from using the Product in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the Product, the Seller shall issue a debit note to the Buyer, which shall have the effect of reducing the value of the payment refund by the value of the damage, or shall call upon the Buyer to cover the value of the damage.
(7) In the event of withdrawal from the Contract, the Seller guarantees the return of all payments received from the Buyer, including the costs of delivering the item to the Buyer, immediately and in any case no later than 14 Calendar Days from the date on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal from the Contract. The Seller may withhold the reimbursement of payments until it receives the Product or until it provides the Seller with proof of return, whichever event occurs first.
(8) The Seller shall refund the payment using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of refund that does not involve additional costs for him. In the case of a refund for a payment made by the Buyer with a payment card, the Seller will make the refund to the bank account assigned to the Buyer's payment card. In the case of payments using electronic payment methods, cash on delivery or recurring payment, it is necessary for the Buyer to provide the bank account number to which the refund is to be made.
(9) In the case of withdrawal from the Agreement and sending the Product at the expense of the Seller or cash on delivery, the Seller shall charge the Buyer with the incurred shipping costs.
(10) The provisions of this paragraph shall not apply to Buyers who are not Consumers.
§ 9 Personal data protection.
(1) The Seller is the Administrator of Buyer's Personal Data. Details on the processing of personal data can be found in the Privacy Policy.
§ 10 Copyright protection.
(1) All photos of Products and other materials (including text, graphics, logos) published on the Store's website are the property of the Seller or have been used by him with the consent of third parties who hold copyrights to them.
(2) It is prohibited to copy photographs and other graphic materials and the use of reprints of texts posted on the Store's website, including making them available on the Internet without the written consent of the Seller or any other third party, holding copyrights to them.
(3) It is also forbidden for third parties to download images from the Store's website and use them for marketing and commercial purposes.
(4) The use of the aforementioned materials without the written permission of the Seller or any other third party who holds the copyright is illegal and may be the basis for civil and criminal proceedings against those who engage in this practice.
§ 11 Liability
1. Seller is not responsible for:
(a) unavailability of the Store due to Force Majeure;
b) acts or omissions of the Buyer and third parties for whose acts or omissions the
Buyer is responsible;
c) blocking by email server administrators of sending messages to the email address
indicated by the Buyer, and for deletion and blocking of emails by software installed
on the computer used by the Buyer;
d) technical problems or limitations occurring in the computer equipment, terminal
equipment, data communications system and telecommunications infrastructure used
by the Buyer, which prevent the Buyer from using the Store and services offered
through it correctly;
e) the consequences of the use of the Store by the Buyer in a manner contrary to
applicable law, the provisions of these Regulations or accepted customs in this
regard;
f) for the speed of data transmission and related limitations, which are the result of
circumstances, including those of a technical, technological and infrastructural
nature;
g) for errors in the handling of the Order or other instructions of the Buyer, resulting
from the transmission of incorrect data by the Buyer.
(2) The Seller reserves the right to limit, suspend or terminate the provision of services in the Shop due to its technical service, maintenance work, expansion or work on improving its functionality, if it does not violate the rights of the Buyer. At the same time, the Seller undertakes to make every effort to ensure that the aforementioned interruptions take place at night and last as short as possible.
§ 12 Final provisions
(1) The Seller reserves the right to amend the Terms and Conditions. Amendments shall enter into force at the time expressly indicated by the Seller, but not earlier than 7 calendar days after their announcement. Orders placed prior to the entry into force of the amendments referred to in the preceding sentence shall be released under the terms in force at the time of their placement.
(2) Any disputes between the Parties shall be resolved amicably or in the presence of an independent and impartial mediator. In addition, the Consumer may make use of out-of-court ways of dealing with complaints and claims.
(3) If it is not possible to resolve a dispute amicably, including through mediation, the jurisdiction of the Court will be determined by the provisions of generally applicable law.
(4) In matters not regulated by these Terms and Conditions, the relevant provisions of universally applicable law will apply.
This website is still under construction. All orders placed through the online shop are not binding and will be confirmed individually. We apologise for any inconvenience.
Terms and Conditions of 01 January 2024.
