Terms and conditions of online shopping

TERMS AND CONDITIONS OF ONLINE SHOPPING

in web shop run by “Komin-Flex” sp. z o.o. with its registered seat in Pszczyna, ul. Górnośląska 1, 43-200 Pszczyna, registered in the National Court Register – Register of Entrepreneurs under the KRS number: 0000091948, NIP 676-17-22-543, REGON 350006750.

I. PARTIES TO THE TRANSACTION AND OBJECT OF THE TRANSACTION

1. Online store operating at www.vulkan.com.pl (hereinafter referred to as “Online Store”, “Shop”), run by Komin-Flex Sp. z o.o. ul. Górnośląska 1, 43-200 Pszczyna, NIP: 676-17-22-543 KRS: 0000091948
   Katowice District Court (hereinafter referred to as “Seller”) conducts retail sales of terrace heaters, parts and other products offered by the Seller, via the Internet.
2. The price of all goods visible on the website of the Online Store is a gross price (i.e. including VAT) and is expressed in Polish zloty. Transport costs are given individually when placing an order.
3. The prices displayed on the Store’s website, as well as product descriptions, are trade information only and not an offer within the meaning of the Civil Code. They become binding, for the purpose of concluding a specific contract, only upon confirmation of accepting the order for processing by the Seller.
4. The price listed next to each product is valid until stocks are exhausted. The Shop reserves the right to change prices of goods on offer, introduce new goods to the Shop’s offer, conduct and cancel promotional campaigns on the Shop’s website or introduce changes in them. Changing the price of goods has no effect on orders accepted and confirmed for execution. After confirming the order, the Seller is obliged to obtain the Buyer’s explicit consent for any additional payment beyond the agreed price of the ordered goods.
5. The Seller declares that the goods sold through the Online Store are brand new and covered by the manufacturer’s warranty.
6. The Seller shall make every effort to ensure that the goods visible in the offer of the Online Store have the status: Available, i.e. are available for purchase by the Buyer. In case of unavailability of all or part of the goods covered by the order, the Seller shall immediately notify the Buyer with relevant information, by e-mail or telephone, as well as on the website of the Shop by posting information on the status of the product – status: Unavailable.
7. In the case of promotional sales and sales for which a limited number of goods is intended, orders shall be processed in the order in which confirmed orders for these goods are received, until the stocks covered by this form of sales are exhausted.
8. The Seller ensures that the Buyer using the system is able to correctly operate the Online Store in the following browsers: Mozilla Firefox Quantum version 61 and above, Internet Explorer version 11 and above, Microsoft Edge version 42 and above, Opera version 54 and above, Google Chrome version 67 and above, Apple Safari version 11 and above, current versions of Java and Flash installed, on screens with a horizontal resolution of 1366×768 (16:9). The use of third-party software affecting the operation and functionality of browsers may affect the correct display of the Online Store.
9. The Buyer’s use of the possibility to place an order or make a complaint by phone is connected with the necessity to bear the costs of the phone call. These fees are not charged by the Seller, but by the provider of publicly available telecommunications services within the meaning of the Telecommunications Law, whose services are used by the Buyer. The cost of calls shall be charged according to the tariffs of the telecommunications services provider used by the Buyer.

II. TRANSACTION

1. Orders in the Online Store can be made through the Store’s website 24 hours a day – by filling in a form on the Shop’s website or by e-mail at: vulkan@kominflex.com.pl.
2. In order to conclude a contract of sale through the Shop’s website, you must select the goods available in the Online Store and place an order indicating the Buyer’s personal data: name and surname, exact residential address, email address and contact telephone number and place of delivery, taking further technical steps based on the information displayed in the Shop.
3. When placing an order by e-mail or telephone, the Buyer is obliged to provide correct personal data: first and last name, exact residential address, e-mail address and contact telephone number.
4. After placing an order, no later than within 3 working days from the date of its placement, the Buyer will receive an order confirmation by e-mail, containing all significant elements of the order, including in particular the total price of the goods and due taxes, as well as the expected time of the order execution. After sending the order confirmation by the Seller and receiving the payment from the Buyer, the order is treated as effectively concluded sale-purchase agreement and starts to be realized, unless the Seller notifies the Buyer about obstacles in accepting the order for realization.
5. The Buyer may cancel the order before receiving the confirmation referred to in section 4. For this purpose, the Seller must be contacted. The possibility of cancelling the order does not prejudice the possibility of withdrawing from the Sales Agreement, according to the applicable regulations.
6. Each order is accompanied by a receipt or a VAT invoice (if the customer, when placing the order, provided the Tax Identification Number or selected the option to receive a named invoice). Invoices can be issued in electronic form and will be sent to the e-mail address provided by the Buyer, within 7 days from the date of delivery of goods to the Buyer.

III. PAYMENT

It is possible to pay in the Online Store in the following ways:

1. Payment in the Internet payment system via the Internet transfer operator Przelewy24 service.
2. Payment in the Internet payment system via the Blik operator in the Przelewy24 service.
3. Payment by traditional bank transfer. The Buyer is obliged to pay the final price, which is the result of the purchase price of the goods, including applicable taxes, no later than 7 days from the date of receipt of the order confirmation, referred to in point II.4 of these Regulations.

IV. SUPPLY

1. The ordered goods are delivered in accordance with the conditions specified when placing the order.
2. Delivery of goods is carried out by insured shipment in cooperation with courier or postal companies to the address indicated by the Buyer. Delivery of goods will take place no later than within 7 days of receipt of payment by the Seller.
3. The Buyer should inform about the chosen method of delivery when placing the order.
4. If the Buyer’s order is paid by bank transfer or via a selected online payment system, the Seller proceeds to complete the order immediately, no later than within 3 days of crediting the Buyer’s payment to the Seller’s account.
5. The Buyer is informed about the time of delivery of the goods by e-mail after placing and completing the order. The maximum delivery confirmation time is 48 hours after the completion of the order.
6. The cost of delivery of goods is covered in full by the Seller, except where the information on the Shop’s website at www.vulkan.com.pl states otherwise.
7. Upon receipt of goods, the Buyer shall be obliged to examine, in the presence of the courier, the condition of the parcel and the condition of the goods, as well as to assess their compliance with the order, in particular damage, quantity, weight, colour, type. In the case of damage to the shipment the Buyer shall be entitled to refuse to accept the shipment. The Buyer shall immediately notify the Seller about refusal of the shipment or discovery of damage to the goods or their non-conformity with the order.

V. WARRANTY

1. The Seller declares that the goods sold in the Online Store are new.
2. The Seller is liable for physical or legal defects of the goods (warranty) to the extent specified in the Civil Code.

VI. COMPLAINTS AND RETURNS

1. The Seller is obliged to deliver the goods free of defects to the Buyer.
2. Complaints regarding the purchased goods shall be sent by the customer in writing, together with the complaint protocol attached, available on the Seller’s website at www.vulkan.com.pl/en/withdrawal, to the Seller’s registered office address or by e-mail to the Seller’s e-mail komin@kominflex.com.pl immediately after the defect of the goods is revealed.
3. In the case of mechanical damage during delivery or direct complaint to the Seller, the Buyer should describe the problem and attach photos of defective goods. The original proof of purchase and the completed claim form available on the Seller’s website should be sent along with the goods. The Seller is not obliged to accept shipments sent back by the Buyer on delivery.

VII. RIGHT OF WITHDRAWAL

1. According to the Consumer Rights Act of 30 May, 2014 (Journal of Laws 2014, item 827, as amended), a consumer (natural person making a legal transaction with an entrepreneur not directly related to his/her business or professional activity) who has concluded a remote or off-premises agreement has the right to withdraw from the agreement within 14 days without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34(2) and Article 35 of the Consumer Rights Act of 30 May 2014.
2. The withdrawal period shall expire after 14 days from the day on which the item was handed over to the Buyer.
3. In order to exercise the right of withdrawal, the Buyer who is a consumer should inform the Seller, stating his name, full postal address and, if available, telephone number, fax number and e-mail address, of his decision to withdraw from the contract by an unequivocal statement made in writing. The Buyer may use the model withdrawal form attached as Appendix 2 to the Consumer Rights Act of 30 May 2014, but this is not mandatory. The Buyer may also fill in and send the withdrawal form available on the Seller’s website at www.vulkan.com.pl/en/terms-and-conditions-of-online-shopping/. If the Buyer uses this option, the Seller shall immediately send an acknowledgement of receipt of the withdrawal information by email to the address indicated by the Buyer. In order to meet the deadline for withdrawal, it shall be sufficient to send the information on exercising the right of withdrawal before the expiry of the deadline for withdrawal.
4. In the case of withdrawal from the contract, the contract is considered unconcluded, and the Seller shall return to the Buyer being a consumer all payments received from the Buyer, including the costs of delivery of items (with the exception of additional costs arising from the chosen by the Buyer way of delivery other than the cheapest ordinary way of delivery offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller received information on the exercise by the Buyer of the right of withdrawal. Reimbursement of payments shall be made by the Seller using the same methods of payment that were used by the Buyer in the original transaction, unless the Buyer has agreed to a different solution. If the Buyer uses the Przelewy 24 electronic payment service during the payment transaction, the refund will be made via bank transfer. The Buyer shall not bear any fees related to the return of the payment. If the Seller has not offered to collect the goods himself from the Buyer who is a consumer, the Seller may withhold the reimbursement until he has received the goods or until the Buyer has supplied proof of return, whichever is earlier.
5. When exercising the right of withdrawal, the Buyer being a consumer shall be obliged to send at his own expense or transfer the Goods to the Seller’s address promptly, and in any case not later than within 14 days from the date on which the Seller received information about exercising by the Buyer the right of withdrawal, unless the Seller offered to collect the goods himself. The deadline is met if the Buyer sends back the goods before the expiry of the 14-day period. The Buyer shall bear the direct costs of returning the goods, unless the Seller has agreed to bear them or has not informed the Buyer being a consumer of the necessity to bear such costs. If the purchased item, due to its nature, cannot be sent back by regular mail and was delivered to the place of residence of the Buyer who is a consumer at the time of the conclusion of the agreement, the item shall be collected at the Seller’s expense. The Buyer shall be liable only for a reduction in the value of the item resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the item.
6. The right of withdrawal shall not apply to the contract:

• where the object of the supply is a perishable item or an item with a short shelf life;
• in which the object of the supply is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package has been opened after delivery;
• in which the subject-matter of the supply is an item which is inseparable from other items after delivery;

VIII. PROTECTION OF PERSONAL DATA

1. By placing orders in the Online Store, the Buyer consents to the Seller storing and processing the personal data contained in the order, in accordance with the applicable provisions of the Act of 10 May, 2018 on the protection of personal data (Journal of Laws 2018.1000) and the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (RODO) by selecting the appropriate option in the ordering process. The administrator of the personal data provided by the Buyer is the Seller.
2. Detailed information on the processing of the Buyers’ personal data is set out in the „Privacy Policy”, available at: www.vulkan.com.pl/en/privacy-policy/constituting an integral part of these Terms and Conditions.
3. The inclusion and use of personal data of other persons by the Buyer is only possible with their consent and in accordance with the provisions of the applicable law.
4. The Seller will endeavour to ensure a high level of security in the transmission of information and the protection of personal data.
5. As part of the contract with the Buyer, the Shop is entitled to send an invitation to fill out an after-sales survey to the Buyer’s e-mail address. The survey is used to examine the opinion on the transaction carried out. The Buyer can voluntarily fill in the survey.

IX. FINAL PROVISIONS

1. Differences in the appearance of the goods sold in the Online Store, resulting from individual settings of the computer equipment (colour of the goods, proportions of the goods, etc.) do not constitute grounds for complaint about the purchased goods.
2. All goods and names mentioned are used for identification purposes only and may be registered trademarks of their respective owners.
3. Disputes may be resolved through mediation proceedings or by an arbitration court. If it is not possible to reach an agreement in this manner, the court competent to examine disputes arising from the sales agreement shall be the court having jurisdiction over the Seller’s registered office or the court competent for the place of execution of the agreement.
4. The consumer is entitled to use out-of-court means of redress via the ODR platform available at:
   www.ec.europa.eu/ consumers/odr/. The ODR platform is an interactive and multilingual one-stop-shop website for consumers and traders seeking to resolve out-of-court a dispute concerning contractual obligations arising from an online sales or service contract.
5. Detailed information on the consumer’s possibility to use out-of-court ways of redress and the rules of access to these procedures are available i.a. at the offices and websites of the Office of Competition and Consumer Protection, district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection.
6. If any provision of these Terms and Conditions is held to be invalid or ineffective as provided by law, this shall not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions.
7. The contract for the sale of goods may be concluded only and exclusively in the Polish language.
8. The Seller shall be entitled to unilaterally amend the Terms and Conditions in the case of:
   • organisational or legal changes at the Seller,
   • changes to the current legislation applicable to these Regulations,
   • changes to the functionality of the Online Store, only in the event that the amendments to the Terms and Conditions are aimed at adapting the content of the Terms and Conditions to this functionality – with the proviso that orders placed prior to the entry into force of these amendments will be fulfilled as before.
9. The Seller shall inform the Buyer of any amendment to the Terms and Conditions by sending a message to the e-mail address provided by the Buyer. The Buyer shall be bound by the provisions of the new Terms and Conditions unless he terminates them within 14 days from the date of notification of the change.
10. The current Terms and Conditions shall be published on the Seller’s website and provided free of charge to the Buyer electronically on each request without any charges.
11. In matters not covered by this agreement, the relevant provisions of Polish law, including the Civil Code, and the Consumer Rights Act of 30 May, 2014 (Journal of Laws of 24 June 2014) will apply.
12. The types and scope of services provided by the Seller electronically, the terms and conditions for the provision of these services, the conditions for entering into and terminating agreements for the provision of services electronically and the complaint procedure are set out in the „Terms and Conditions for Providing Services Electronically” available on the Seller’s website at: www.vulkan.com.pl/en/terms-and-conditions-of-online-shopping/
13. Full acceptance of these Terms and Conditions takes place by ticking the appropriate option in the order form or by making a relevant statement via e-mail or by phone before the Buyer places his order. Refusal to accept these Terms and Conditions is equivalent to refusal to conclude a sales agreement with the Seller.
14. The Regulations shall enter into force on 1.03.2022.

TERMS AND CONDITIONS FOR PROVIDING SERVICES ELECTRONICALLY

I. GENERAL PROVISIONS

1. These Terms and Conditions define in particular the types and scope of services provided electronically by Komin-Flex Sp. z o.o., ul. Górnośląska 1, 43-200 Pszczyna, NIP: 676-17-22-543 KRS: 0000091948, District Court Katowice, the owner of the VULKAN brand (hereinafter referred to as the „Seller”), the terms and conditions for the provision of these services, the terms and conditions for the conclusion and termination of contracts for the provision of services by electronic means, and the procedure for complaints.
2. The Terms and Conditions apply to agreements concluded by the Buyer with the Seller on the basis of an Order placed by the Buyer via the Seller’s Online Store operating at www.vulkan.com.pl (hereinafter referred to as the “Online Store”).
3. The Terms and Conditions are available on the Seller’s website at www.vulkan.com.pl, tab “Terms and Conditions for Providing Services Electronically”.
4. . These Terms and Conditions are regulations within the meaning of Article 8 of the Act of 18 July, 2002 on electronic provision of services. (Journal of Laws No. 144, item 1204).
5. The provisions of these Regulations do not affect the rights of the Buyer who is a consumer (i.e. a natural person who makes a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity) under generally applicable laws.

II. TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY

The Seller, by means of the Online Store, makes it possible for the Buyers:

1. Conclusion of sales agreements with the Seller by placing orders for goods at the Seller’s Online Store that are included in the Seller’s current offer on the principles laid down in the “Terms and Conditions of Purchases at the Online Store” available under the www.vulkan.com.pl.
2. Obtaining information about the goods in the Online Store that are in the Seller’s current offer.
3. Management of the personal data provided in the Buyer’s account after prior registration and login.
4. Obtain information about the status of orders in the Buyer’s account after registering and logging in.
5. Receiving information and commercial offers via the electronic mail address indicated by the Buyer after the Buyer has given his consent to receive them.
6. The use of the Seller’s Online Store by the Buyer, using other means of remote communication is connected with the necessity to incur connection costs. These fees are not charged by the Seller, but by the provider of publicly available telecommunications services within the meaning of the Telecommunications Act, whose services are used by the Buyer. The cost of connections shall be charged according to the tariffs of the telecommunications services provider used by the Buyer.

III. CONDITIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS

The Buyer may use the services referred to in Section II, paragraph 1, subject to the following technical conditions of the ICT system:

• access to the Internet and an active e-mail account,
• using the following browsers: Mozilla Firefox Quantum from version 61, Internet Explorer from version 11, Microsoft Edge from version 42, Opera from version 54, Google Chrome from version 67, Apple Safari from version 11, with the latest versions of Java and Flash installed, on screens with horizontal resolution of 1366×768 (16:9).
• on screens with a horizontal resolution of 1366×768 (16:9)

1. The use of third-party software that affects the functioning and functionality of browsers or the use of mobile devices may affect the correct display of the Online Store.
2. The Seller uses cookies. Detailed information about the cookies used in the online shop are available in the “Privacy Policy” tab at www.vulkan.com.pl/en/privacy-policy/
3. It is forbidden for the Buyer to provide unlawful content.
4. The agreement for the provision of services by electronic means is concluded upon the effective completion and acceptance by the Buyer of the registration form available at www.vulkan.com.pl after registration and logging into the Buyer’s account, or each time when an order is placed via the Seller’s Online Store without prior registration and logging into the Buyer’s account after prior acceptance of these Regulations and the “Regulations for Purchases in the Online Store”. In both cases the contract is concluded for an indefinite period.
5. The method of placing and processing orders is defined in the “Terms and Conditions of Online Shopping”.
6. Registration takes place by completing and accepting the registration form made available by the Seller at www.vulkan.com.pl
7. The Buyer may resign from the services referred to in Section II Item 1 at any time by sending information about the resignation in writing to the Seller’s address or by e-mail to the following address: vulkan@kominflex.com.pl
8. The Seller shall not be liable for incorrect performance of services referred to in Section II Item 1 in the event of technical problems beyond the Seller’s control.

IV. COMPLAINTS PROCEDURE FOR THE ONLINE STORE

1. The Seller shall take actions in order to ensure proper functioning of the Online Store to the extent resulting from the current technical knowledge and undertakes to immediately remove defects or interruptions in its functioning.
2. The Buyer should immediately notify the Seller of any defects or interruptions in the functioning of the Online Store by submitting a complaint in writing to the Seller’s address, by phone on +48 533 189 050 or +48 739 252 008 or by e-mail to the following address: vulkan@kominflex.com.pl, not later than within 1 day from the day on which the defect or interruption became apparent.
3. The complaint should include at least:
   • Name of the complainant.
   • Correspondence address of the complainant.
   • Type and date of the defect or malfunction of the Online Store that is the subject of the complaint.
   • A complaint submitted after the time limit specified in Section 2 shall be left without consideration, of which the Seller shall immediately notify the Buyer, which, however, does not prevent the Buyer from pursuing claims under generally applicable laws.
   • The Seller shall consider the complaint within no more than 30 days from the date of its receipt by the Seller, informing the Buyer immediately of the results.

V. FINAL PROVISIONS

1. Disputes may be resolved through mediation proceedings or by an arbitration court. If it is not possible to reach an agreement in this manner, the court competent to examine disputes arising from the sales agreement shall be the court having jurisdiction over the Seller’s registered office or the court competent for the place of execution of the agreement.
2. Detailed information about the possibility of using out-of-court ways of pursuing claims by the consumer and the rules of access to these procedures are available, inter alia, at the offices and websites of the Office of Competition and Consumer Protection, district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection.
3. In matters not regulated by these Terms and Conditions, in particular with regard to the protection of the Buyer’s personal data, the applicable provisions of Polish law shall apply.
4. The Seller shall be entitled to unilaterally amend the Terms and Conditions in the case of:
5. a) organisational or legal changes at the Seller,
6. b) amendments to the current legislation applicable to these Regulations,
7. c) change the functionality of the Online Store, only in the event that the amendments to the Terms and Conditions are aimed at adapting the content of the Terms and Conditions to this functionality.
8. The Seller shall inform the Buyer of any amendment to the Terms and Conditions by sending a message to the e-mail address provided by the Buyer. The Buyer shall be bound by the provisions of the new Terms and Conditions, unless he terminates them within 14 days from the date of notification of the change.
9. The current Terms and Conditions are published on the Seller’s website and at the Buyer’s request can be delivered electronically to the e-mail address provided by the Buyer without additional charges.
10. These Regulations shall enter into force on 01.03.2022.

ADDITIONAL DOCUMENTS