Terms and Conditions of Kortools online shop
Terms and Conditions of the Kortools Online Store
Chapter I. General Provisions
§ 1. These Terms and Conditions define the rules for the operation of the Kortools online store and the conditions for concluding sales contracts 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 pertain to all orders placed through the Kortools Online Store, as well as those placed in other ways (e.g. via email).
§ 2. The Seller is the company Kortools, located at ul. Ks. dr J. Knosały 115, 41-922 Radzionków, NIP 6263057845. Contact with the Seller: email biuro@kortools.pl, phone +48 789 589 582. Seller's details are available on the Store's website.
§ 3. A consumer is a natural person purchasing Goods not directly related to their business or professional activity. An entrepreneur is a Customer purchasing Goods in connection with their business or professional activity. Goods – refers to any product available in the Store's offer, which is the subject of the sales contract. Sales contract – refers to the contract 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 – through the Kortools online store;
- via email – to the email address of the Seller provided on the Store's website.
§ 5. Placing an order is tantamount to concluding a sales contract for the Goods under the conditions specified in these Terms and Conditions. Each 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 execution electronically (e.g. via email) after it has been placed.
§ 5a. Orders placed outside the online store
Orders placed outside the Kortools online store (particularly via email or telephone) are processed under the rules specified in these Terms and Conditions and constitute the conclusion of a sales contract between the Seller and the Customer. The Terms and Conditions form an integral part of each offer and each order, regardless of the form in which it is placed.
The delivery and execution times provided by the Seller are indicative and do not constitute a guarantee of timing. The Seller is not liable 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. The prices of Goods are stated in Polish zlotys (PLN) and include VAT (if applicable). The price stated for the Goods is binding at the moment the order is placed. The final price to be paid includes the sum of the prices of the ordered Goods and the delivery costs according to the method of delivery and payment chosen by the Customer.
§ 7. The Customer may choose one of the available payment methods, such as:
- traditional bank transfer to the Seller's bank account,
- payment by credit card or other electronic payment (AutoPay payment gateway),
- cash on delivery (upon receipt of the shipment).
- Deferred payment.
In the case of payment by transfer or electronically, the Goods will be dispatched after the payment has been credited to the Seller's account, unless the parties agree otherwise. All payments should be made prior to the dispatch of the Goods, if the contract requires it.
§ 8. In the event of a delay in payment by the Customer, the Seller may seek statutory interest for delay in accordance with the provisions of the Civil Code.
Chapter IV. Order Fulfilment and Delivery
§ 9. The order fulfilment time includes the preparation of the Goods for dispatch and their delivery to the Customer. The indicative order fulfilment time (e.g. number of working days) is provided each time with the description of the Goods or in the order basket. The stated time is indicative and may change. The Seller makes every effort to meet the indicated deadline; however, is not liable for exceeding it. Delays in delivery may result from, among other things, the actions of the carrier, lack of Goods in stock, or other circumstances beyond the Seller's control. The Seller is not responsible for any delays in the delivery of Goods, both to Consumers and Entrepreneurs.
§ 10. Delivery of the Goods is carried out via the chosen carrier or courier company to the address specified 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 resending.
Chapter V. Right of Withdrawal from the Contract (for Consumers)
§ 11. Consumers entering into a distance contract have the right to withdraw from the contract without giving any reason within 14 days. This period runs from the day the Goods are received by the Consumer (or by a person indicated by them to receive it). To exercise the right of withdrawal, the Consumer must submit a relevant statement to the Seller (e.g. in written or electronic form) before the expiry of the 14-day period. A template for the withdrawal form should be downloaded from the "returns and complaints" tab.
§ 12. In the event of effective withdrawal from the contract by the Consumer, the contract is deemed not to have been concluded, and the Seller shall refund all payments received from the Consumer (including the delivery costs of the Goods by the cheapest available method) no later than 14 days from the date of receipt of the withdrawal statement. In the case of payment by card, the refund will be made to the card account used for the payment. The Goods should be returned or handed over to the Seller without delay, no later than 14 days from the date of submitting the statement.
§ 13. The right of withdrawal from the contract does not apply to the Consumer if the subject of the contract is Goods specified in Article 38 of the Consumer Rights Act (including Goods made to order or clearly personalised, Goods subject to rapid deterioration or with a short shelf life, Goods delivered in sealed packaging which, once opened, are not suitable for return for hygiene reasons, as well as certain multimedia products and magazines).
§ 14. Entrepreneurs do not have the right to withdraw from the contract concluded through the Kortools Online Store. The return of Goods purchased by an Entrepreneur may only occur in strictly defined cases previously agreed upon with the Seller and after obtaining prior written consent from the Seller. In principle, the Seller does not accept returns of Goods purchased by Entrepreneurs.
Chapter VI. Returns of Goods (for Entrepreneurs)
§ 15. The Seller is not obliged to accept returns of Goods purchased by Entrepreneurs, except in situations previously agreed upon and confirmed in writing by the Seller.
The return of Goods purchased by an Entrepreneur may only occur after prior contact with the Seller and after obtaining the Seller's written consent to accept the return.
The Seller may refuse to accept a return, particularly if the Goods were ordered specifically for the Customer, purchased in larger quantities for a specific order, unpackaged, used, damaged, incomplete, or if their further sale is hindered.
Goods returned without the Seller's consent will not be accepted or collected, and the Customer may be charged for the costs of their return or storage.
The Buyer bears all costs associated with the return of the Goods. The refund, if accepted by the Seller, will only include the value of the returned Goods, subject to the possibility of charging a handling fee as referred to in § 15a. The Seller does not refund shipping costs or any other additional fees related to the execution of the order.
§ 15a. Handling Fee for B2B Returns
- In the event that the Seller agrees to the return of Goods purchased by an Entrepreneur, the Seller may charge a handling fee related to the processing of the return.
- The handling fee may include, in particular, administrative, storage, logistical costs, costs of preparing the order, costs of sourcing the Goods at the Customer's request, loss of commercial value of the Goods, limited possibility of further resale, as well as other justified costs incurred by the Seller in connection with the execution of the order and processing of the return.
- The amount of the handling fee is determined individually for each case, taking into account the type of Goods, the quantity of returned Goods, the condition of the Goods, the method of order execution, costs incurred by the Seller, and the possibility of further resale of the returned Goods.
- The handling fee may amount to up to 50% of the net value of the returned Goods.
- The imposition of a handling fee does not constitute a contractual penalty but a condition for the voluntary acceptance by the Seller of the return of Goods purchased under B2B sales, in a situation where the Seller is not obliged to accept such a return under applicable law.
- In the case of orders paid in advance, the handling fee will be deducted from the amount refunded to the Buyer after the return is accepted by the Seller.
- In the case of orders with deferred payment terms, the Seller will issue a corrective invoice concerning the returned Goods and a separate accounting document or invoice covering the charged handling fee, in accordance with applicable tax regulations.
- The return of Goods by the Buyer does not release them from the obligation to pay amounts resulting from invoices, corrections, handling fees, or other costs accepted by the Buyer or arising from these Terms and Conditions.
- The return of Goods without prior written consent from the Seller does not produce the effect of withdrawal from the contract nor an automatic obligation for the Seller to refund the price.
Chapter VII. Complaints and Warranty
§ 16. The Seller is liable for the non-conformity of the Goods with the contract (in particular for physical and legal defects of the Goods) under the principles specified in the Civil Code (Article 556 et seq.) and – in relation to Consumers – in the Consumer Rights Act. Complaints regarding Goods that do not conform to the contract may be submitted by the Customer immediately after discovering the defect. The complaint should be reported to the Seller along with a description of the defect and the request (e.g. for exchange or refund).
§ 17. Customers are entitled to the Seller's liability under warranty for defects in the Goods. A Consumer may assert claims under warranty for a period of two years from the delivery of the Goods. An Entrepreneur may assert claims under the principles specified in the provisions of the Civil Code (Article 558 et seq.). The Seller will consider the complaint within 14 calendar days from the date of its receipt. In the event of a complaint being accepted, the Seller will replace the Goods with defect-free ones or refund the Customer the equivalent of the price of the Goods, at the Customer's choice, unless repair or replacement of the Goods is possible and does not involve excessive costs.
§ 18. All Goods returned or complained about, as well as all correspondence related to returns or complaints, should be directed exclusively to the Seller's warehouse address: 41-922 Radzionków, ul. Ks. dr J. Knosały 115. The Goods should be packaged in a manner that secures them during transport. The Seller does not accept cash on delivery shipments returned by the Customer without prior written consent.
Chapter VIII. Personal Data Protection
§ 19. The administrator of Customers' personal data is the Seller Kortools. The personal data of the Customer is processed for the purpose of executing the sales contract (including issuing invoices, executing deliveries, and handling payments), fulfilling legal obligations incumbent on the Seller, and – with the Customer's consent – for marketing purposes (in particular for sending newsletters). The legal basis for processing is Article 6(1)(b) of the GDPR (necessity for the performance of the contract) and – in relation to marketing purposes – Article 6(1)(a) of the GDPR (consent). The Customer has the right to access their data, rectify, delete, or restrict processing, transfer data, object to processing, and also the right to withdraw consent to the processing of data 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's website.
Chapter IX. Final Provisions
§ 20. These Terms and Conditions are available on the Kortools store's website and constitute an integral part of the sales contracts concluded by the Store. The Seller reserves the right to amend the Terms and Conditions. Customers will be informed of any changes to the Terms and Conditions in advance. Changes may not limit the rights of Consumers arising from applicable law.
§ 21. In matters not regulated by these Terms and Conditions, the relevant provisions of the Civil Code, the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827, as amended), the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2022, item 1446, as amended), and other applicable laws 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.