These Terms and Conditions specify the general terms, rules and methods of performing sales contracts concluded via electronic means and the provision of other services set out herein by Bartosz Garliński Koncept by electronic means, via the online store iikone.com (the "Store").
For the purposes of these Terms and Conditions, the terms given below shall have the following meaning:
Working days – days of the week from Monday to Friday, excluding public holidays and Saturdays;
Delivery – the act of delivering the goods specified in the order to the Customer by the Store via a delivery company;
Delivery Company – the entity with whom the Seller collaborates in delivering goods;
Customer – an entrepreneur who is a natural person, a legal person, or an organisational unit without legal personality which is granted legal capacity under special provisions, for which services may be provided under the Store's operation in accordance with the Terms and Conditions and provisions of law, which is purchasing goods for professional or business purposes, in particular to resell such goods;
Consumer – a Customer who is a natural person and is purchasing goods for purposes which are not connected with his/her professional or business activity;
Terms and Conditions – these terms and conditions of the Store;
Store (Seller) – the website through which the Customer may view goods and place orders, available at iikone.com, managed by Bartosz Garliński Koncept;
Goods – a product which is presented by the Seller on the Store’s website and which may be the subject matter of a sales contract; the product is produced manually for the Customer's individual order according to the Customer's specifications and for that reason each item may be slightly different;
Sales Contract – a sales contract concluded between the Customer and the Seller via electronic means in accordance with the rules set out herein;
Services provided via electronic means – services connected with the performance of a sales contract as well as other services specified herein which are provided by the Store via electronic means, including services which involve sending trade bulletins (newsletters) to Customers.
2 General Provisions
The Seller is: Bartosz Garliński Koncept, Opłotkowa 11, 51-007 Wrocław, Poland, NIP no.: 898-182-11-36, email address: [email protected].
The Store is made available by the Seller via the Internet and the Store’s website.
The condition for the conclusion of a sales contract shall be the Customer’s acceptance of these Terms and Conditions when placing the order, by selecting the appropriate field in the form. If the order is placed by email sent to the email address provided on the Store’s website, the Customer shall be notified by email about the Terms and Conditions and where the Terms are available to read.
These Terms and Conditions are integral part of a sales contract. These Terms and Conditions are also the terms and conditions referred to in Article 8 of the Act on the Provision of Services by Electronic Means.
The Company's goods are shipped to the following countries: Albania, Algeria, Andorra, Anguilla, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Azores, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bermudas, Bhutan, Bolivia, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Cameroon, Canada, Canary Islands, Cayman Islands, Central African Republic, Chad, Chile, China, Columbia, Congo (Democratic Republic of), Costa Rica, Croatia, Cuba, Curacao, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Faroe Islands, Fiji, Finland, France, French Guiana, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Great Britain, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guiana, Guinea (republic), Honduras, HongKong, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, IvoryCoast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Madeira, Malawi, Malaysia, Maldives, Malta, Man (island), Martinique, Mauretania, Mauritius, Mayotte (island), Mexico, Moldova, Monaco, Montenegro, Morocco, Mozambique, Namibia, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Northern Ireland, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Portugal, Qatar, Reunion, Romania, Russia, Saint Lucia, Saint Peter and Miquelon, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea (Republic of), Spain, SriLanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United States of America (USA), Uruguay, Vanuatu, Vatican, Venezuela, Vietnam, Zambia, Zimbabwe. If the Customer wants the goods to be shipped to other countries, the Customer should contact the Store directly.
3 Use of the Store
The use of this Store means any customer activity which leads to familiarisation with the contents of the Store’s website.
The use of this Store is governed by the rules and to the extent specified in these Terms and Conditions, taking into account Polish law and the provisions of the UN Convention on Contracts for the International Sale of Goods. The mandatory applicable provisions regulating consumer protection (in accordance with the law applicable to the Consumer) which cannot be excluded under a contract shall be applicable to the sales contract concluded with the Customer who is a Consumer.
The Customer must have an active electronic mail account (email address) and access to the Internet to be able to place an order in the Store and use the services available on the Store’s website.
The Customer who is using the Store is not authorised to modify the contents, structure, form, graphic elements or the operation of the Store or the Store’s website to any extent.
The Customer may not provide any illegal content or use the Store’s website or the services provided by the Seller in a way that is contrary to law, good practice, or violates any personal rights of third parties, or Seller's legitimate interests.
Orders can be placed in the following ways:
- by using the form available on the Store's website;
- by email sent to the address available on the Store's website.
The information which relates to the goods and is included on the Store's website shall not constitute the Seller's trade offer, it is only an invitation for Customers to submit a purchase offer.
It is prohibited to use any materials published on the Store’s website without the Store's written consent (including pictures and descriptions of the goods).
The Customer selects the goods he/she wants to purchase by pressing the "Add to Cart" button below the given goods displayed on the Store’s website. When choosing the goods, the Customer specifies their parameters and features according to the specifications and options available on the Store’s website. After choosing all needed items and selecting the shipping and payment method in the "Cart", the Customer places the order by sending the order form to the Seller. The form is submitted by pressing the appropriate field in the order form. The total price of ordered goods and the total costs of the selected shipping method are given each time before the order is sent to the Seller.
If the order is placed by email, the Customer should specify the goods he/she wants to buy, their individual features, quantity, shipping method and other details which are necessary to complete the contract. If such details are not given, the Seller shall make a request to the Customer by email to provide additional details.
The Customer who is interested in regular cooperation involving the distribution of the Store's goods should contact the Store individually.
Sending the order shall constitute the Customer’s offer to the Seller for the conclusion of a contract to purchase the goods which are the ordered items. If the Customer provides an incorrect email address, it will be impossible to send the confirmation of the placed order and the acceptance of such order. If that is the case, the Customer shall be responsible for contacting the Seller to confirm the order.
The Store shall not bear any responsibility for any possible failures to confirm the order, which may be caused by an incorrect email address or technical obstacles attributable to the Customer.
The Store shall not bear any responsibility for purchases made by third parties which used the Customer's data.
After the order is placed, the Seller sends an order confirmation to the email address provided by the Customer and next the confirmation of the order acceptance. The confirmation is the Seller's statement that the offer specified above has been accepted and constitutes the confirmation of concluding a contract.
If the completion of the order is impossible after the confirmation of the order acceptance, including if it is impossible to purchase goods from the Seller's suppliers during the period of time specified for completing the order, the Seller shall notify the Customer by email or by phone about these circumstances.
If the completion of the order is impossible for the reasons specified above, the Seller may offer the Customer:
- to cancel the entire order (if the Customer chooses this option, the Seller shall be exempted from completing the order);
- to cancel the part of the order that cannot be completed within a reasonable period of time (if the Customer chooses this option, the Seller shall be exempted from completing the order to the extent that is impossible);
- to divide the order and give the date of completing the part of the order which is impossible to complete in accordance with the original order (if the Customer chooses this option, the goods will be shipped in separate parcels, but the Customer shall not bear any additional shipping costs resulting from the divided order).
The shipped goods are not insured. The Customer who wants to insure his/her ordered goods should contact the Store.
5 Payment and Order Processing
VAT will be added to the prices quoted next to the goods displayed on the website. The prices of goods are quoted in USD and do not include the shipping costs which will be given only after the shipping method is selected.
The Seller may conduct promotional campaigns and give discounts.
The total value of the order (prices of all goods ordered by the Customer plus the shipping costs) shall be given in the "Cart" each time after the Customer chooses the shipping and payment method.
The following payment methods are available in the Store:
- electronic payment (the order processing and the delivery of goods will start after receiving a confirmation from the system of electronic payments that the order has been paid. Payment is made by Bank Transfer, Credit Card, or via electronic banking using the PayPal system;
- bank transfer sent to the Store's bank account indicated by the Store while placing the order or indicated in the confirmation of the order acceptance.
After the Customer provides all details required to place the order, a summary of the placed order will be displayed. The summary includes information about:
a) ordered items;
b) price per item and the total price of the ordered goods, including the shipping costs and additional costs (if applicable);
c) selected payment method;
d) selected shipping method;
When placing the order – as long as the "Continue to payment method" button has not been pressed – the Customer may change the entered data and the selected goods. To do so, the Customer should follow the displayed messages and the information available on the website.
The final price which is binding for the parties of the sales contract is the price of goods quoted on the Store’s website at the time of placing the order by the Customer, and in the case of individually prepared offers, the final binding price is the information the Store sent to the Customer by email.
The ordered goods are delivered by the Delivery Company to the address provided by the Customer in the order form.
The order shall be completed no longer than within 10 weeks (from the moment of sending the confirmation of the order acceptance to the Customer).
If it is impossible to produce the goods according to the Customer's order, the Customer shall be notified about a new possible date of completing the order.
On the day of dispatching the parcel with the ordered goods by the Seller, information about the dispatch is sent to the Customer by email.
The Customer should inspect the delivered parcel in the presence of the Delivery Company's courier.
Upon the Customer's request, the Delivery Company's courier must draw up a relevant report if any loss or damage has been observed.
The Seller shall attach a receipt or a VAT invoice to the delivered parcel, as requested by the Customer.
6 Nonconformity of Goods with the Contract
The Store provides goods which are compliant with the contract, free from any defects, or third party rights or claims.
The Store shall be responsible for the nonconformity of goods with the contract if:
- the goods are unusable, i.e. if the item fails to percolate coffee (as specified in the manual and by using proper filters);
- the goods do not contain the features indicated by the Store in the description of the goods displayed at iikone.com.
The Customer should inspect the goods or cause the goods to be inspected within the shortest possible period of time in the given circumstances.
The Customer may not rely on the nonconformity of goods, if the Customer fails to notify the Seller about the character of the nonconformities within a reasonable period of time from the moment in which the Customer observed or should have observed such nonconformities.
If the goods are non-compliant with the contract, the Customer may make a request to the Store to remove the nonconformity by repairing the goods, and if this is impossible, by delivering a new item which is compliant with the contract.
If the goods are non-compliant with the contract, the Store may reduce the price proportionally to the difference between the value of the actually delivered goods at the time of delivery and the value which the goods that are compliant with the contract would have at this moment.
The Customer may withdraw from the contract if the goods have not been delivered after the expiry of the date indicated by the Store and after the additional date indicated by the Customer. The Customer may not withdraw from the contract if the goods cannot be returned in the same condition as they were received.
The Customer who is a Consumer shall not have the right to withdraw from the contract without giving any reason under the provisions providing the right to withdraw from a remote contract within 14 days due to the fact that the ordered goods are made individually according to the Consumer's individual specifications (the goods are produced manually for the Consumer's order).
7 Personal Data and Cookies
The Seller processes Customers' personal data only under the authorisation to process such data and only for the purposes of performing services provided by the Seller via electronic means under the Data Protection Act.
The personal data submitted to the Seller are provided voluntarily. However, if such data have not been provided during the registration, the completion of potential services provided by the Store will be impossible.
Any person who will submit his or her personal data to the Seller may access and change them and may make a request to delete them. The Seller shall not delete the personal data if the Customer failed to pay all amounts due to the Seller or violated applicable laws, and it is necessary to store such data to clarify the circumstances and determine the Customer's responsibility.
The Seller shall protect the submitted personal data and make every effort to prevent any unauthorised access or third party use.
The Seller shall not transfer, sell or lend the Customers’ collected data to any other persons or institutions unless the Customer gives his/her explicit consent or makes a request to transfer, sell or lend such data under applicable laws or at the request of a court, the Public Prosecutor's Office, the Police or any other authorised body if Customers violate the law.
The Seller reserves the right to disclose general statistical lists which concern Customers and are related to the visits on the Store's website, but do not include their personal data, to the companies which cooperate with the Seller.
Each Customer may disable cookies in the browser on his/her end device, but this may hinder or make the using of the Store's website impossible.
8 Technical Requirements
The Seller informs that the differences in the pictures of goods that result from the Customer’s individual computer settings (colour, proportions, etc.) may not constitute the basis for reporting a nonconformity of the goods with the contract.
9 Final Provisions and Amendments to the Terms and Conditions
These Terms and Conditions are effective as of 1.08.2017. These Terms and Conditions may be changed. Customers shall be notified about any amendments hereto on the homepage of the Store’s website. In the event of any amendments to these Terms and Conditions, the previous or new wording of the provisions shall be applicable to the orders which have been placed but not yet completed, as requested by the Customer.
In the event of a dispute between the Seller and the Customer, they will seek to amicably resolve such a dispute. The governing law for sales contracts and for resolving any disputes arising out of these Terms and Conditions is Polish law.
The Seller informs that an online platform for resolving disputes between consumers and entrepreneurs at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr.