Statute

Kunesti Online Store Regulations

§ 1. General Provisions

  1. These Regulations define the rules for using the Kunesti online store (hereinafter referred to as the "Store"), placing orders for garden furniture offered by the Store, delivery of ordered goods, payment of the sales price, the right to withdraw from the contract and the rules for submitting and considering complaints.
  2. The owner of the Store is Kunesti Dorota Gapińska, with its registered office at ul. Powązkowska 42/51, 01-797 Warsaw, NIP: 7742788978, REGON: 141887560 (hereinafter referred to as the "Seller" or "Kunesti").
  3. Contact with the Seller is possible at the following e-mail address: <sklep@kunesti.com>.
  4. These Regulations are addressed to all users of the Store (hereinafter referred to as "Customers").
  5. Each Customer is required to read these Terms and Conditions before placing an order. Placing an order constitutes acceptance of the Terms and Conditions.
  6. The store sells garden furniture via the Internet in Poland and the European Union.
  7. The prices of goods displayed on the Store's website are expressed in Polish zloty (PLN) and include VAT (gross prices). Prices do not include shipping costs, which are charged separately depending on the delivery option selected by the Customer and the value of the order.
  8. Product photos and descriptions posted on the Store's website are for informational purposes only and may differ slightly from the actual product. If in doubt, the Customer may contact the Seller.

§ 2. Definitions

The terms used in the Regulations mean:

  1. Customer: A natural person with full legal capacity, a legal person or an organizational unit without legal personality but able to acquire rights and incur obligations in its own name, who makes a purchase in the Store.
  2. Consumer: A customer who is a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
  3. Entrepreneur: A Customer who is not a Consumer.
  4. Shop: Online shop run by the Seller.
  5. Product: Garden furniture available in the Store.
  6. Order: A declaration of intent by the Customer, aimed directly at concluding a Sales Agreement for a Product or Products with the Seller, specifying in particular the type and quantity of the Product or Products as well as the price and method of delivery.
  7. Sales Agreement: Product sales agreement concluded between the Customer and the Seller via the Store.
  8. Regulations: This document.

§ 3. Placing Orders

  1. The Customer may place Orders 24 hours a day, 7 days a week, via the Store's website.
  2. To place an Order, the Customer should:
    1. Select the Product or Products you are interested in and then add them to the “Basket”.
    2. Go to the “Basket” and verify the contents of the Order.
    3. Select delivery method.
    4. Select payment method.
    5. Complete the order form, providing the necessary data to complete the Order (personal/company details, delivery address, VAT invoice details – if applicable).
    6. Read the Regulations and accept them.
    7. Click the button confirming the placement of the Order (e.g. "I order and pay").
  3. Placing an Order by the Customer constitutes an offer to conclude a Product Sales Agreement with the Seller.
  4. After placing an Order, the Customer will receive an automated email confirming that the Order has been accepted by the Seller. Confirmation of Order acceptance does not constitute the conclusion of a Sales Agreement.
  5. The sales contract is concluded upon confirmation by the Seller of acceptance of the Order for execution (second e-mail informing about acceptance of the Order for execution and commencement of its preparation for shipment).
  6. The Seller reserves the right to verify the Order and to cancel it if the Customer provides incomplete, false, or questionable contact or delivery information. The Customer will be notified of the cancellation of the Order via email.

§ 4. Prices and Payments

  1. The prices of the Products listed on the Store website are gross prices and are expressed in Polish zlotys (PLN).
  2. The Product price does not include shipping costs. Shipping costs are added to the Product price depending on the shipping method selected by the Customer and the value of the Order. Information about shipping costs is displayed in the "Cart" before placing the Order.
  3. The customer can choose one of the available payment methods:
    1. Traditional transfer to the Seller's bank account.
    2. Fast online payments (e.g. PayU, Przelewy24).
    3. Payment by card (Visa, Mastercard).
    4. Payment on delivery (cash on delivery) - if such an option is available and indicated in the ordering process.
  4. In the case of payment by traditional transfer, the Order will be processed after the full amount has been credited to the Seller's bank account.
  5. In the case of electronic payments (fast transfers, card payments), the execution of the Order begins after receiving confirmation of payment from the payment operator.
  6. In the case of payment on delivery, the execution of the Order begins after confirmation of acceptance of the Order for execution by the Seller.
  7. The Seller reserves the right to change the prices of Products offered in the Store, introduce new Products to the Store's offerings, conduct and cancel promotional campaigns, or make changes to them. Price changes do not apply to Orders already placed by the Customer before the effective date of the price change.
  8. A fiscal receipt or VAT invoice is issued for each completed Order (if the Customer has requested its issuance and provided the necessary data).

§ 5. Delivery

  1. Delivery of the ordered Products is made to the address indicated by the Customer in the order form.
  2. Delivery is made via a courier company.
  3. In the case of goods available in stock, delivery will take place within 10 business days from the date of conclusion of the Sales Agreement (in the case of payment on delivery) or from the date of crediting the payment to the Seller's account (in the case of payment by bank transfer or electronic payments).
  4. If an item is out of stock, the estimated delivery date will be visible on the product page. The Seller will inform the Customer about the estimated order fulfillment date in a separate communication.
  5. The Order completion time does not include the time required for delivery by the courier company.
  6. Before accepting the shipment from the courier, the Customer should check the packaging for damage. If any damage is detected, it is recommended to complete a damage report in the presence of the courier and immediately notify the Seller.
  7. Shipping costs are borne by the Customer, in accordance with the shipping price list in effect in the Store at the time of placing the Order. Shipping costs depend on the dimensions and weight of the ordered furniture and the delivery address. Information about shipping costs is displayed in the "Cart" before placing the Order.

§ 6. Right to Withdraw from the Contract (Applies to Consumers)

  1. Pursuant to the Act of 30 May 2014 on consumer rights, the Consumer has the right to withdraw from a distance sales contract within 14 days without giving any reason.
  2. The deadline for withdrawal from the contract expires after 14 days from the date on which the Consumer comes into possession of the goods or on which a third party other than the carrier and indicated by the Consumer comes into possession of the goods. In the case of a contract covering multiple goods that are delivered separately, in batches, or in parts – from the date of taking possession of the last batch, part, or goods.
  3. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (e.g., a letter sent by post or email). The Consumer may use the model withdrawal form, but this is not obligatory.
  4. The declaration of withdrawal from the contract should be sent to the following address: Kunesti ul. Powązkowska 42/51 01-797 Warsaw or to the e-mail address: <sklep@kunesti.com>.
  5. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information concerning the exercise of his right to withdraw from the contract before the expiry of the withdrawal deadline.
  6. Consequences of withdrawal from the contract:
    1. In the event of withdrawal from this contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the Consumer's choice of a method of delivery other than the cheapest standard delivery method offered by the Seller), immediately and in any event no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from this contract.
    2. The Seller will refund the payment using the same payment method that was used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to a different solution; in any case, the Consumer will not incur any fees in connection with this refund.
    3. The Seller may withhold reimbursement until the goods have been received back or until proof of having sent back the goods has been provided, whichever occurs first.
    4. The Consumer is obligated to return the goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which they withdrew from the contract. This deadline is met if the Consumer returns the goods before the 14-day period expires.
    5. The direct cost of returning the goods is borne by the Consumer. Due to the size of the garden furniture, the Seller may offer to have the furniture collected by a courier at the Consumer's expense. The cost of return shipping will be determined individually and depends on the size of the returned furniture and the pickup address.
    6. The consumer is only liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  7. Exceptions to the right of withdrawal: The right of withdrawal does not apply to the Consumer in the cases specified in Article 38 of the Consumer Rights Act, in particular in relation to contracts: in which the subject of the provision is a non-prefabricated good, manufactured according to the Consumer's specifications or intended to meet his individual needs.

§ 7. Complaints

  1. The Seller is liable to the Customer who is a Consumer for physical or legal defects of the purchased goods under the terms specified in the Civil Code (warranty).
  2. If a product is found to be defective, the Customer may file a complaint. A complaint can be submitted:
    1. In writing: By sending a letter to the following address: Kunesti ul. Powązkowska 42/51 01-797 Warsaw
    2. By electronic means: By sending an e-mail to the following address: <sklep@kunesti.com>
  3. In the complaint, the Customer should provide:
    1. Your contact details (name, surname, email address, telephone number).
    2. Order number or purchase date.
    3. A detailed description of the defect.
    4. Date the defect was discovered.
    5. Your request (repair of the goods, replacement of the goods with a new one, price reduction, withdrawal from the contract – if the defect is significant).
  4. The seller recommends using the complaint form. Using the form will simplify and expedite the complaint process.
  5. The Seller undertakes to review the complaint within 14 days of its receipt and inform the Customer of the outcome. Failure to respond within this timeframe means that the complaint has been deemed justified.
  6. If the complaint is accepted, the Seller, depending on the Customer's request and the feasibility of implementation, will repair the goods, replace the goods with defect-free ones, reduce the price or refund the purchase price to the Customer.
  7. The costs associated with returning the goods subject to complaint are borne by the Seller, after prior agreement on the method of shipment with the Customer.
  8. In the case of Customers who are not Consumers, the Seller's liability under the warranty is excluded to the fullest extent permitted by law.

§ 8. Personal Data

  1. The controller of Customers' personal data is Kunesti Dorota Gapińska, with its registered office at ul. Powązkowska 42/51, 01-797 Warsaw.
  2. Customers' personal data are processed for the purpose of fulfilling Orders, providing services electronically, handling complaints, and for marketing purposes (if the Customer has consented).
  3. Providing personal data is voluntary, but necessary to place and complete the Order.
  4. Each Customer has the right to access their personal data, correct them, request their deletion or limit their processing, as well as the right to object to the processing and the right to transfer data, under the terms set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (