Terms and Conditions of the Kortools Online Store
Chapter I. General Provisions
§ 1. These Terms and Conditions define the principles of operation of the Kortools online store and the conditions for concluding sales agreements for goods (hereinafter: Goods) offered by the Seller. The Terms and Conditions apply to all Customers of the Kortools Store – both consumers and entrepreneurs – and apply to all orders placed via the Kortools Online Store, as well as those placed in other ways (e.g., by phone or email).
§ 2. The Seller is the company Kortools, with its registered office at ul. Ks. dr J. Knosały 115, 41-922 Radzionków, Poland. The Seller's details are available on the Store's website.
§ 3. A Consumer is a natural person making a purchase of Goods not directly related to their business or professional activity. An Entrepreneur is a Customer making a purchase of Goods in connection with their business or professional activity. Goods – means any product available in the Store's offer, being the subject of a Sales Agreement. Sales Agreement – means the agreement for the sale of Goods concluded between the Seller and the Customer.
Chapter II. Placing Orders
§ 4. Orders in the Kortools store can be placed in the following ways:
- online – via the Kortools Online Store;
- by phone – at the telephone number indicated on the Store's website;
- by email – at the Seller's email address provided on the Store's website.
§ 5. Placing an order is equivalent to concluding a sales agreement for the Goods under the terms specified in these Terms and Conditions. Every order, regardless of the form in which it is placed, is subject to the provisions of the Kortools Terms and Conditions. The Seller confirms the acceptance of the order for processing electronically (e.g., by email) after it has been placed.
§ 5a. Orders placed outside the online store
§ 5a.
Orders placed outside the Kortools online store (in particular by email or telephone) are processed based on the rules set forth in these Terms and Conditions and constitute the conclusion of a sales agreement between the Seller and the Customer. The Terms and Conditions form an integral part of every offer and every order, regardless of the form of its submission.Lead times and delivery dates provided by the Seller are approximate and do not constitute a guarantee of a deadline. The Seller is not responsible for delays resulting from the actions of courier companies, carriers, manufacturers, or other circumstances beyond the Seller's control.
Chapter III. Prices and Payments
§ 6. Prices of Goods are given in Polish Zloty (PLN) and include VAT (if applicable). The price stated next to the Item is binding at the time the order is placed. The final price to be paid includes the sum of the prices of the ordered Goods and delivery costs according to the delivery and payment method chosen by the Customer.
§ 7. The Customer can choose one of the available payment methods, such as:
- traditional bank transfer to the Seller's bank account,
- payment by payment card or other electronic payment (AutoPay payment gateway),
- cash on delivery (upon receipt of the shipment),
- deferred bank transfer.
In the case of bank transfer or electronic payments, the Goods will be shipped after the payment has been credited to the Seller's account, unless the parties agree otherwise. All payments should be made before the shipment of the Goods if the agreement so requires.
§ 8. In the event of a payment delay by the Customer, the Seller may claim statutory interest for the delay in accordance with the provisions of the Civil Code.
Chapter IV. Order Fulfillment and Delivery
§ 9. Order fulfillment time includes the preparation of the Goods for shipment and their delivery to the Customer. The estimated lead time (e.g., number of business days) is provided each time in the description of the Item or in the shopping cart. The stated date is approximate and subject to change. The Seller makes every effort to meet the indicated deadline but is not responsible for exceeding it. Delays in delivery may result, among others, from the actions of the carrier, lack of Goods in stock, or other circumstances beyond the Seller's control. The Seller is not liable for any delays in the delivery of Goods, both towards Consumers and Entrepreneurs.
§ 10. Delivery of the Goods is carried out via a selected carrier or courier company to the address indicated by the Customer in the order. The Customer is obliged to provide correct address details. In the event of non-receipt of the shipment or its return due to the Customer's fault (e.g., due to an incorrect address), the Customer bears the costs of re-shipping.
Chapter V. Right of Withdrawal from the Agreement (for Consumers)
§ 11. Consumers concluding a distance agreement have the right to withdraw from the agreement without giving a reason within 14 days. This period runs from the day the Goods are received by the Consumer (or by a person designated by them for collection). To exercise the right of withdrawal, the Consumer must submit an appropriate statement to the Seller (e.g., in writing or electronic form) before the 14-day period expires. The withdrawal form template should be downloaded from the "Returns and Complaints" tab.
§ 12. In the event of effective withdrawal from the agreement by the Consumer, the agreement is considered null and void, and the Seller returns all payments received from the Consumer (including delivery costs for the cheapest available method) no later than 14 days from the date of receipt of the withdrawal statement. The Goods must be returned or handed over to the Seller immediately, no later than 14 days from the date the statement was submitted.
§ 13. The right to withdraw from the agreement does not apply to the Consumer if the subject of the agreement are Goods specified in Art. 38 of the Consumer Rights Act (including Goods made to order or clearly personalized, Goods that deteriorate quickly or have a short shelf life, Goods delivered in a sealed package which cannot be returned after opening for health or hygiene reasons, as well as certain multimedia products and periodicals).
§ 14. Entrepreneurs do not have the right to withdraw from an agreement concluded via the Kortools Online Store. The return of Goods purchased by an Entrepreneur may only take place in strictly defined cases previously agreed with the Seller and after obtaining the Seller's prior written consent. In principle, the Seller does not accept returns of Goods purchased by Entrepreneurs.
Chapter VI. Return of Goods (for Entrepreneurs)
§ 15. The Seller does not accept returns of goods purchased by Entrepreneurs, except in situations previously agreed upon and confirmed in writing. Returning goods can only occur with the Seller's written consent, under terms specified by the Seller. Goods returned without the Seller's consent will not be accepted or collected, and the Customer will be charged with the costs of sending them back.
The Buyer bears all costs related to the return of the goods. Refund of funds, if accepted by the Seller, covers only the value of the returned Goods – the Seller does not refund shipping costs or other additional fees related to the fulfillment of the order.
Chapter VII. Complaints and Warranty
§ 16. The Seller is responsible for the non-conformity of the Goods with the agreement (in particular for physical and legal defects of the Goods) under the rules defined in the Civil Code (Art. 556 et seq.) and – in relation to Consumers – in the Consumer Rights Act. Complaints for Goods inconsistent with the agreement may be submitted by the Customer immediately after the defect is discovered. The complaint should be reported to the Seller along with a description of the defect and a request (e.g., replacement or price refund).
§ 17. Customers are entitled to the Seller's liability under the warranty for defects in the Goods. A Consumer may pursue warranty claims for a period of two years from the delivery of the Goods. An Entrepreneur may pursue claims under the rules set forth in the Civil Code (Art. 558 et seq.). The Seller will consider the complaint within 14 calendar days from the date of its receipt. If the complaint is accepted, the Seller will replace the Item with one free of defects or refund the Customer the equivalent price of the Item, at the Customer's choice, unless repair or replacement of the Item is impossible or involves excessive costs.
§ 18. Any Goods being returned or complained about, as well as any correspondence related to the return or complaint, should be sent exclusively to the Seller's warehouse address: 41-922 Radzionków, ul. Ks. dr J. Knosały 115, Poland. The Goods should be packed in a way that protects them during transport. The Seller does not collect COD (Cash on Delivery) shipments returned by the Customer without prior written consent.
Chapter VIII. Protection of Personal Data
§ 19. The Controller of the Customers' personal data is the Seller, Kortools. The Customer's personal data are processed for the purpose of fulfilling the sales agreement (including issuing an invoice, delivery, and payment processing), fulfilling legal obligations incumbent on the Seller, and – with the Customer's consent – for marketing purposes (in particular for sending a newsletter). The legal basis for processing is Art. 6(1)(b) of the GDPR (necessity for the performance of a contract) and – in relation to marketing purposes – Art. 6(1)(a) of the GDPR (consent). The Customer has the right to access their data and rectify, delete, or limit its processing, the right to data portability, the right to object to processing, as well as the right to withdraw consent for data processing for marketing purposes at any time. Detailed information regarding the processing of Customers' personal data is contained in the Privacy Policy available on the Kortools Store website.
Chapter IX. Final Provisions
§ 20. These Terms and Conditions are available on the Kortools store website and form an integral part of the sales agreements concluded through the Store. The Seller reserves the right to change the Terms and Conditions. Customers will be informed of any changes to the Terms and Conditions with appropriate notice. Changes cannot limit the rights of Consumers resulting from applicable legal regulations.
§ 21. In matters not regulated by these Terms and Conditions, the relevant provisions of the Civil Code, the Act on Consumer Rights of May 30, 2014, the Act on the Provision of Electronic Services of July 18, 2002, and other applicable acts shall apply. If any provision of the Terms and Conditions is found to be invalid or ineffective, the remaining provisions shall remain in force. These Terms and Conditions are effective from the date of their publication in the Kortools Store.