Online store sales regulations
§ 1 General Provisions
Online Store: www.knivesoftitans.com, operating at the address: ul. JANA I JĘDRZEJA ŚNIADECKICH 20D/7
35-006 RZESZÓW, POLAND, is run by International Hobby System sp. z o.o., with its registered office at ul. JANA I JĘDRZEJA ŚNIADECKICH 20D/7
35-006 RZESZÓW, POLAND, operating under the Tax Identification Number: PL5170439401
These Regulations define the rules of using the Online Store, in particular the rules of concluding Sales Agreements for Goods in the Online Store assortment via the Online Store, the rules of performing these agreements and the rules of complaint procedure.
§ 2 Contacting the store
Seller’s contact details:
Postal address: ul. JANA I JĘDRZEJA ŚNIADECKICH 20D/7
35-006 RZESZÓW, POLAND
E-mail address: office@knivesoftitans.com
Phone numbers: +48 500522523
Bank account number: IBAN PL63 1240 2340 1111 0011 3020 5831
SWIFT:PKOPPLPW
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may communicate with the Seller by phone on the following days/hours: Mon-Fri 8:00 a.m. – 4:00 p.m.
§ 3 Definitions
Whenever the following terms are used in these Regulations, they should be understood as:
Order Form – a service available on the Online Store website, by means of which the Customer may make a purchase, in particular by adding Goods to the Basket and specifying the terms of the Sales Agreement – including the method of delivery and payment.
Customer – a natural person, including a Consumer, who is at least 13 years old (provided that they have obtained the consent of their legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, which uses the services provided by the Online Store.
Consumer – a user who is a natural person, performing activities in the Online Store that are not directly related to their business or professional activity.
Customer Account – means an individual panel for each Customer, launched on their behalf by the Seller, after the Customer has registered as part of the Customer Account service.
Basket – an element of the Online Store, in which the Customer can see selected goods and has the possibility of modifying data.
Online Store – an internet service belonging to the Seller, available under the domain www.maxtime.pl, through which the Customer can purchase Goods from the Seller.
Seller – the entity indicated in § 1, which, conducting commercial or professional activity, proposes sales via the Online Store.
Goods – a movable item that is the subject of trade between the Online Store and the Customer.
Sales Agreement – a distance sales agreement for Goods concluded by the Customer via the Online Store.
§ 4 Registration and Login
The Seller provides electronic services enabling Customers to set up and use a Customer Account on the Online Store website.
Browsing the Online Store’s assortment does not require setting up a Customer Account. Placing orders for Goods by the Customer is possible either after setting up a Customer Account or by providing the necessary personal and address data, enabling the order to be completed without setting up a Customer Account.
Registration of a Customer Account in the Online Store is voluntary and free of charge.
The Customer may at any time, without giving a reason and without incurring any fees for this, delete the Customer Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 2.
In order to register a Customer Account, the Customer must read and accept these Regulations, as well as express consent to the processing of their personal data provided during registration, marked as obligatory.
§ 5 Placing an order
The Customer may place orders for products available in the Online Store assortment, 7 days a week and 24 hours a day, by filling out the Order Form.
When placing an order, it is necessary for the Customer to read and accept these Regulations. The Customer confirms reading and accepting the indicated document by checking the appropriate box before finalizing the order. Failure to accept these Regulations by the Customer during the order placement prevents the possibility of purchasing the Goods via the Online Store.
Goods ordered in the Online Store can be delivered worldwide.
When placing an order, the Seller immediately confirms its receipt and simultaneously accepts the given order for execution. Confirmation of receipt of the order and its acceptance for execution takes place by sending the Seller to the Customer an appropriate e-mail message to the Customer’s e-mail address provided during the order placement, which contains at least the Seller’s statement on receipt of the order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
The Customer who chose payment in advance when placing the order should pay the price and the costs of delivering the goods within 2 days of the conclusion of the Sales Agreement. In the event of failure to pay within the above time, the order is canceled.
§ 6 Prices of goods
The prices of goods presented on the Online Store website are expressed in EUR (currency) and are gross prices, so they include taxes, including value added tax (VAT).
The binding and final price is the price given in the Basket, i.e. in the order summary, at the time the Customer places the order via the Online Store.
§ 7 Order Fulfillment
The order fulfillment time for an order placed via the Online Store, if the goods are to be delivered to the indicated address in the territory of the Republic of Poland, is 3 business days from the date:
if the Customer selects payment upon receipt of the ordered goods (cash on delivery) when placing the order – from the date the Seller sends an e-mail to the Customer confirming acceptance of the order for fulfillment,
if the Customer selects payment in advance by credit card or online transfer of electronic banking when placing the order – from the date the Seller receives confirmation of the correct execution of the payment by the entity executing the payments.
§ 8 Right to withdraw from the contract
A consumer or a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person (resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity) may withdraw from the contract without giving a reason within 14 days from the date of conclusion of the Sales Agreement.
The period specified in paragraph 1 begins with the delivery of the Goods to the Customer or a person indicated by them other than the carrier.
The Customer may withdraw from the Sales Agreement by submitting an unequivocal declaration of withdrawal from the Sales Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Customer to send a letter by post to the address indicated in § 2 or by sending this declaration via e-mail to the address indicated in § 2.
To meet the deadline for withdrawal from the Agreement, it is sufficient to send information regarding the exercise of the right to withdraw from the Agreement before the deadline for withdrawal from the Agreement.
In the event of withdrawal from the Agreement, the Customer is obliged to return the goods to the Seller immediately, but no later than within 14 days from the day on which the Customer informed the Seller of the withdrawal from the Agreement. To meet the deadline, it is sufficient if the Customer sends the goods back before the expiry of the 14-day period to the address indicated in § 2.
In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Agreement, return to the Customer all payments received from him, including the costs of delivering the goods, but with the exception of additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method of delivery offered by the Seller.
The payment will be returned by the Seller using the same payment methods that the Customer used, unless the Customer has expressly agreed to a different method of payment return – in each case the Customer will not incur any fees in connection with this return.
The Seller has the right to withhold the return of payments received from the Customer until the Goods are received back or the Customer provides proof of sending back the Goods, depending on which of the events occurs first.
The Customer is liable for the reduction in the value of the item resulting from its use in a manner other than necessary to determine the nature, characteristics and functioning of the item.
Pursuant to art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from a distance contract does not apply to contracts indicated in the aforementioned article.
§ 9 Complaint
The Sales Agreement covers new products. The condition of each product is described in detail on the Store’s pages.
The Seller is obliged to deliver the Goods to Customers without physical and legal defects. The Seller is liable to Customers for defects in the Goods under the terms specified in the provisions of the Act of 23 April 1964 – the Civil Code (consolidated text Journal of Laws of 2020, item 1740, as amended), in particular in art. 556 et seq. of the Civil Code.
Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations or using the electronic complaint form provided by the Seller on the Online Store website. It is recommended to include in the complaint, among other things, a concise description of the defect, the circumstances of its occurrence, the date of occurrence, the details of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.
The Seller will consider and respond to the complaint immediately, no later than within 14 days from the date of filing the complaint. The Customer will be informed about the method of handling the complaint in accordance with the data indicated in the complaint.
§ 10 Extra-judicial methods of handling complaints and pursuing claims
Detailed information on the possibility of using extra-judicial methods of handling complaints and pursuing claims by the consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following website of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl
A customer with the status of a consumer may obtain free assistance in resolving an individual dispute between a consumer and the Online Store, using the free legal assistance of a city or district consumer ombudsman or a social organization whose statutory tasks include consumer protection, including the Federation of Consumers – website address:
http://www.federacja-konsumentow.org.pl
The Network of European Consumer Centres also helps in resolving an individual dispute and consumer complaint related to a cross-border transaction. The addresses of these institutions are available on the website of the European Consumer Centre:
http://www.konsument.gov.pl
A customer who is a consumer has, among others, the following possibilities of using an out-of-court resolution of a dispute between a consumer and an Online Store:
applying to the provincial inspector of the Trade Inspection with a request to initiate proceedings on the out-of-court resolution of a dispute between a consumer and the Store by enabling the parties to bring their positions closer together in order to resolve the dispute by its parties or presenting the parties with a proposal for resolving the dispute,
is entitled to apply to the permanent arbitration court operating at the Provincial Inspector of the Trade Inspection with a request to resolve the dispute resulting from the concluded sales agreement.
The Trade Inspection is an entity authorized to conduct proceedings on the out-of-court resolution of consumer disputes. The tasks of the Trade Inspection in the scope of conducting proceedings on the out-of-court resolution of consumer disputes and organizing and conducting permanent arbitration courts are performed by the locally competent Voivodeship Inspectors of the Trade Inspection.
Voivodeship Inspector of the Trade Inspection competent for the seller’s registered office. The list of all Voivodship Inspectorates of the Trade Inspection and permanent arbitration courts, together with their website addresses, is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/wazne_adresy.php
The list of institutions dealing with out-of-court resolution of consumer disputes, together with information on the types of cases that individual entities deal with, is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl
The President of the Office of Competition and Consumer Protection also has a contact point for out-of-court resolution of consumer disputes and an online system for resolving consumer disputes, whose tasks include, among others, providing assistance to consumers in matters concerning out-of-court resolution of consumer disputes, in particular in matters of disputes arising from cross-border contracts concluded with consumers.
The consumer may use the platform of the online dispute resolution system for consumer disputes (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes).
The European ODR platform is to facilitate independent, impartial, transparent, effective, fast and fair out-of-court online resolution of disputes between consumers and traders concerning contractual obligations arising from online sales contracts or service contracts concluded between consumers residing in the European Union and traders established in the European Union. Electronic link to the ODR platform: http://www.ec.europa.eu/consumers/odr.
Using the available out-of-court methods of handling complaints and pursuing claims is possible after the complaint procedure is completed and is voluntary – both parties must consent to the proceedings. The Online Store agrees to participate in the out-of-court settlement of disputes with consumers.
§ 11 Personal data administrator
The administrator of personal data of Online Store Customers is International Hobby System sp. z o.o. with its registered office in Iwierzyce Wiśniowa 19, operating under the Tax Identification Number (NIP): PL5170439401
Providing personal data by Online Store Customers is voluntary, with the reservation, however, that failure to provide certain data in the registration process prevents registration and setting up an account and prevents placing and fulfilling an order.
The Online Store processes personal data for the purposes of:
proper execution of the Sales Agreement for goods and their shipment. Failure to provide personal data necessary to conclude the Sales Agreement results in the refusal to conclude this agreement;
for the marketing of goods and services included in the Online Store’s offer in the event of granting appropriate consent (understood as sending commercial information electronically and using telecommunications terminal equipment – SMS, in accordance with the Act of 18 July 2002 on the provision of services by electronic means.
The legal basis for the processing of personal data is the granted consent and, in appropriate cases, the necessity to perform the Sales Agreement.
Each Customer whose personal data is processed by the Online Store has the right to:
request access to their personal data, their rectification, transfer, deletion or restriction of data processing. In connection with the processing of data by the Online Store, you also have the right to lodge a complaint with the President of the Personal Data Protection Office.
withdraw consent to the processing of personal data that is processed on the basis of the expressed consent. Withdrawal of consent will not affect the lawfulness of the processing that was carried out on the basis of the expressed consent before its withdrawal.
Personal data will be stored until the Customer of the Online Store withdraws the consent.
The Online Store does not transfer personal data to a third country.
Detailed information on data processing is available in the Privacy and Cookies Policy.
§ 12 Final Provisions
Agreements concluded through the Online Store are concluded in Polish.
The Seller reserves the right to make changes to the Regulations for important legal or organizational reasons to the extent that such changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 15 days in advance by placing information on the Online Store website and by sending registered Customers a notification of the change to the regulations to the e-mail address assigned to their Customer Account.
In the event of a change to these Regulations, all Agreements concluded and orders placed before the date of entry into force of the change to the Regulations will be implemented in accordance with the Regulations in the wording applicable on the date of conclusion of the agreement and placement of the order by the Customer.
The amended regulations are binding on the registered Customer who does not resign from maintaining an account in the Online Store by means of an unequivocal declaration of intent addressed to the addresses indicated in §2, before the date of entry into force of the amended regulations.
In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964, the Civil Code (consolidated text, Journal of Laws of 2020, item 1745, as amended), and in the case of Customers who are consumers, also the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
These Regulations shall enter into force on 01.08.2024 and shall apply to Agreements concluded from that date.