Terms and conditions

KRADEX Online Shop Terms and Conditions

(applicable from 20/04/2020)

I. General terms and conditions

1. The online shop located at kradex.com.pl (hereinafter referred to as the Shop or Online Shop) allows you to make purchases via the Internet.

2. The kradex.com.pl shop is run by the company:

KRADEX Krzysztof Radzikowski
ul. Naddnieprzańska 32
04-205 Warsaw

KRADEX Krzysztof Radzikowski is entered in the Central Registration and Information on Business and uses the following identification numbers on the market:

NIP: 1130018766

REGON: 010152191

3. Mailing address:

KRADEX, ul. Naddnieprzańska 32, 04-205 Warsaw
phone: (+48 22) 613-08-88
fax: (+48 22) 812-10-68

e-mail: kradex@kradex.com.pl

4. Purchasing from the kradex.com.pl Online Shop means acceptance of these Terms and Conditions. The Customer confirms reading the content of the Terms and Conditions and their acceptance when confirming the order.

II. Personal data

5. The Controller of Personal Data is Krzysztof Radzikowski, conducting business activities under the name Kradex Krzysztof Radzikowski, ul. Naddnieprzańska 32, 04-205 Warsaw.

6. We use the personal data obtained when submitting an offer, concluding a contract, expressing marketing consent, for the following purposes:

  • conclusion and performance of the contract – for the duration of the contract and the time after its termination, until the proper performance of the contract;
  • performance of legal obligations incumbent on the Controller:
    • issuing and storing invoices, including accounting documents;
    • handling the right to withdraw from the contract and complaints within the time and in the form provided for by the law;
    • for the time necessary to perform the legal obligation incumbent on the Controller;
    • establishing, defending and enforcing claims, which includes, among others, the sale of our receivables to another entity – for a period after which claims shall expire,
  • sending marketing content – for the duration of the consent to receive marketing content;
  • handling the newsletter service in the event of the Customer subscribing to the mailing list.
7. The legal basis for the processing of Personal Data by the Controller is:

  • the obtained consent for personal data processing;
  • performance of the contract or taking action upon request before the contract is concluded;
  • fulfilling the legal obligation incumbent on the Controller.
8. Determination of the period during which personal data will be stored and processed:

  • for the term of performance of obligations, e.g. issuing an invoice;
  • for the term during which Kradex is required by law to retain such data, e.g. for tax purposes;
  • for the term during which Kradex may incur legal consequences of failure to perform the obligation, e.g. receive a financial penalty from the state authorities;
  • for direct marketing purposes, the newsletter service, for the duration of the granted consent.
9. Providing personal data is voluntary, but without providing it and giving consent for processing, it is not possible to accept and complete the Customer’s order or provide newsletter service.

10. By placing an order in the Online Shop or subscribing to the newsletter mailing list, the Customer agrees to input their personal data in the database of the owner of the Online Shop and grants consent for its processing.

11. By subscribing to the mailing list, the Customer agrees to receive marketing materials sent electronically in accordance with Article 8 (1) of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 of 2002) in the form of periodic e-mail messages informing the Customer about goods, promotions or services available in the Shop.

12. The collected personal data of the Customer will be processed on the basis of the provisions of the Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2015, item 2135, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

13. The Customer has the right to:

  • access and rectify their personal data;
    • withdraw the consent for personal data processing;<>
    • delete personal data (the right to be forgotten);
    • transfer data to other controllers;
    • object to the processing of personal data:
      • regardless of the rights, the Customer has the right to object to the processing of personal data at any time;
      • Kradex, upon receipt of an objection from the Customer, ceases the processing of the Customer’s personal data.
    14. The Customer shall bear the responsibility for providing false personal data.

    15. The data provided in the forms may be transferred to:

    • entities technically performing certain services – payment services or other entities with which the Website Operator cooperates in this respect;
    • Kradex agents, advertising agencies and entities cooperating in the organisation of marketing campaigns;
    • entities providing postal or courier services;
    • entities providing payment services (banks, payment institutions) for the purpose of reimbursement to the Customer;
    • entities purchasing receivables – if the Customer fails to pay the invoices on time;
    • entities cooperating with Kradex in handling accounting, tax and legal matters.
    16. The Personal Data Controller shall not transfer personal data outside the European Economic Area.

    17. Automated decision-making, including profiling, is not carried out without the express consent of the Customer.

    18. The Customer can lodge a complaint with the President of the Office for Personal Data Protection if they believe that the processing of their personal data violates the law (address: Urząd Ochrony Danych Osobowych [Office for Personal Data Protection], ul. Stawki 2, 00-193 Warsaw).

    19. Kradex wishes to inform that the personal data processing is carried out in a secure manner, in accordance with the terms of service provision, the contract and with the provisions of law, including Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”).

    20. Kradex Krzysztof Radzikowski makes every effort to provide all possible physical, technical and organisational means of protection of personal data against accidental or deliberate destruction, accidental loss, alteration, unauthorised disclosure, use or access, in accordance with all applicable regulations.

    III. Order placement and completion procedure

    21. The order can be placed by adding the product to the cart and then by clicking the “Order” button. Before confirming the order, the Customer selects the method of delivery of the purchased goods, the method of payment for the order and additionally accepts the provisions of these Terms and Conditions (item 4) when confirming it.

    21. In order to carry out the order procedure correctly, it is recommended to create a user account which also allows to monitor the order status.

    22. The basic condition for the completion of purchases is the correct filling in of contact details, providing a correct, existing e-mail address and phone number through which it will be possible to confirm the order.

    23. The orders can be placed 24 hours a day, throughout the year. Orders placed on business days after 11:00 a.m., on Saturdays, Sundays and holidays will be accepted for completion on the next business day. The business days are all days of the week, except Saturdays, Sundays and days recognised as public holidays under separate regulations, as well as days on which “Kradex” is closed. “Kradex” shall inform about the dates when the company is closed on its website (www.kradex.com.pl) in advance.

    24. In the event of circumstances completely or temporarily preventing the completion of the placed order, Kradex reserves the right to suspend the completion of the order and undertakes to immediately notify the Customer about the situation.

    25. Orders with incorrectly filled in contact details will not be considered in the event of: failure to provide or providing incorrect Tax Identification Number (NIP), failure to provide the e-mail address, no contact phone number and company details, no shipping address. Kradex shall not be held liable for incorrectly addressed shipment if an incorrect address is provided.

    26. Immediately before placing an order, the Customer will be informed about the main features of the service provision (of the ordered goods), the total price for the said provision with VAT for Customers with Polish Tax Identification Number (NIP), the price for the transport of the first shipping carton and any handling fees. If a prepayment is selected as the form of payment, the Customer receives a proforma invoice with the binding amount to be paid and bank details for payment. In the event of withdrawal from the contract, the Office shall inform about the transport costs for the return of the purchased goods. Before placing an order, the Customer is also obliged to confirm that they are aware that placing an order entails the obligation to pay. To confirm the order, the Customer shall use the button marked with a legible inscription “order with obligation to pay”.

    27. After placing the order, the Customer receives an e-mail to the provided account, an automatically generated message from the Shop which constitutes confirmation of the conclusion of the contract for the sale of goods. Upon completion of the packing process in case of shipment, the Customer will receive an e-mail from the GLS system informing about the preparation of the parcel for shipment. In case of collection in person, the Customer shall receive a message to the provided e-mail account about the possibility of collecting the order. This is tantamount to finalising the completion of the placed order.

    28. The prices of goods in the kradex.com.pl Online Shop are given in the selected currency and include VAT (gross prices). The quoted prices do not include shipping costs and possible handling fees.

    29. A handling fee of PLN 15 net is added to orders with net value below PLN 100. The Customer shall be informed about the need to pay a handling fee due to the low order value via a special instruction displayed on the screen. Information about the total value of the order is presented on the Shop website after the Customer has made a choice regarding the form of delivery and the payment method.

    29. Due to the declared state of the COVID-19 pandemic, handling fees were cancelled until the end of 2020.

    30. The following forms of payment are allowed in the Shop:

    • bank transfer to an account (whereby in relation to a new Customer there is a requirement to make a prepayment of 100% of the ordered goods value; other Customers have a maximum of 14 days for payment);
    • cash on delivery – upon collection of the order from a representative of the GLS courier company;
    • cash – in the case of personal collection from the Shop.
    31. Kradex shall issue a VAT invoice for the purchased goods. In order to receive a VAT invoice, the Customer must correctly fill in the company data together with the NIP in the order form.

    32. Shipments of goods in Poland are carried out by the GLS courier company at the expense of the recipient or by RABEN company in case of pallet shipment. The order is shipped to the address indicated by the Customer in the order. The delivery time declared by the courier company is 24 – 48 hours from the moment of pick-up of goods from the Shop.

    33. In the case of shipment of goods carried out abroad, their delivery dates are agreed on with Customer separately, via the Shop.

    34. Kradex does not carry out shipments through external courier companies.

    35. A GLS courier picks up shipments from Monday to Friday around 2 p.m.

    36. The shipping cost depends on the volume of ordered goods (the number of cartons shipped) and the selected payment form.

    37. The cost of shipping for prepayment (transfer to the Shop’s account) for 1 carton up to 30 kg is PLN 15 net + VAT.

    38. The cost of shipping with cash on delivery for 1 carton up to 30 kg is PLN 18 net + VAT.

    39. In the case of shipment of goods carried out abroad, their costs are agreed on with Customer separately, via the Shop.

    40. The prepayment is made by the Customer after receiving the proforma invoice by e-mail. The original copy of the invoice shall always accompany the shipment.

    IV. Withdrawal from the contract by Customers who are consumers - refunds

    41. A Customer who is a consumer has the right to withdraw from a remote contract concluded with the Shop within 14 days without giving any reason and without incurring any costs, except for the costs described further in these Terms and Conditions (costs of returning the item in the case of withdrawal from the contract). If the Customer uses the option to withdraw from a remote contract, it shall be considered not concluded. Upon withdrawal from the concluded contract, the returned goods must be sent in an intact form, without any trace of use, and in the original packaging. Exceptions are products customised to match the Customer’s specific order. In this case, Kradex reserves the right to refuse to accept the goods.

    42. The period for withdrawal referred to in the preceding item shall commence for the contract in relation to the performance of which the Shop issues the goods, being obliged to transfer their ownership - from taking possession of the goods by the Customer or a third party indicated by the Customer, other than the carrier and, in the case of a contract which covers a number of articles which are supplied separately, in batches or in parts - from taking possession of the last article, batch or part, and for other contracts - from the date of contract conclusion.

    43. In order to exercise the right of withdrawal from the contract, the Customer must inform Kradex at the address specified in item 2 of their decision to withdraw from this contract by means of an unequivocal declaration (for example, a letter sent by post, fax or e-mail).

    44. A model contract withdrawal form can be found below:

    MODEL CONTRACT WITHDRAWAL FORM
    (this form must be filled in and sent back only when the Customer should wish to withdraw from the contract)
    - Addressee: KRADEX, ul. Naddnieprzańska 32, 04-205 Warsaw, fax: (+48 22) 812-10-68
    - I/We (*) hereby inform about my/our (*) withdrawal from the contract of sale of the following articles (*) supply contract for the following articles (*) contract for work consisting in the performance of the following articles (*) /for the provision of the following service (*)
    - Date of conclusion of the contract (*)/collection (*)
    - Full name of the consumer(s)
    - Address of the consumer(s)
    - Signature of the consumer(s)
    - Date
    (*) Delete as appropriate.

    45. In order to keep the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of their right to withdraw from the contract before the expiry of the withdrawal period.

    46. In the event of withdrawal from this contract, Kradex shall refund the Customer for all payments received, including delivery costs of items, immediately, and in any event no later than 14 days from the date on which we were informed of the decision on exercise of the right of withdrawal from this contract. Kradex will refund the payment to the account indicated by the Customer. Kradex reserves the right to withhold the payment refund until receiving the articles or being presented with proof of their return, whichever happens first.

    47. Returned goods should be sent back to the address given in item 3, immediately and in any event no later than 14 days from the date on which the Customer has informed Kradex about the withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the limit of 14 days. Please attach the received proof of purchase (invoice) to the returned goods.

    48. The Customer will only bear the direct cost of returning the item unless Kradex has agreed to bear it or has not informed the Customer of the need to bear these costs.

    49. The Customer shall not have the right to withdraw from the remote contract concluded with Kradex, in relation to the contracts:

    • for provision of services, if the Shop has performed the service in full with the express consent of the Customer, who has been informed prior to the commencement of the service provision that after fulfilment of the provision by the Shop, the Customer will lose the right to withdraw from the contract,
    • where the price or remuneration depends on fluctuations in the financial market, over which the Shop has no control and which may occur before the expiry of the withdrawal period,
    • where the subject of the service provision is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individual needs.

    V. Complaints

    50. The Shop is obliged to deliver goods without defects. In the case where the delivered goods have defects, the Customer shall be entitled to exercise the rights under statutory warranty in accordance with the provisions of the Civil Code. The Customer is obliged to file a complaint by sending a notification by electronic means. The Customer should send the goods complained about along with a description of the defects to the Shop (to the address provided in item 3 of these Terms and Conditions).

    51. Notice of complaint should be sent by e-mail to the e-mail address reklamacje@kradex.com.pl. The basis for considering the complaint is:

    • a picture of the cardoboard packaging
    • a photo of the enclosures
    • the provision of the purchase document number
    52. The complaints are considered within 14 days from the date of their submission and delivery of the goods complained about to the Shop.

    53. In the event of the lack of the ordered, non-defective goods, Kradex shall notify the Customer by e-mail or phone. According to the Customer’s choice, the paid amount is returned to the Customer’s bank account within 14 working days from the positive consideration of the complaint, or other goods at the same price chosen by the Customer shall be sent. 54. For the avoidance of doubt, Kradex declares that none of the provisions of the Terms and Conditions restrict the Customer's rights to which the Customer is entitled under the Civil Code, as well as other provisions strictly applicable in the territory of the Republic of Poland.

    VI. Final provisions

    55. In order to properly use the Shop, the Customer is required to use the latest available web browsers supporting secure SSL encryption protocols: TLSv1.2/TLSv1.1 with AES128 or better, such as the latest versions of Microsoft Edge, Mozilla Firefox, Opera, Google Chrome, Safari, etc.

    56. The Online Shop shall not be responsible for blocking the transmission of messages by administrators of mail servers to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.

    57. Recording, securing, making available to and confirming with the Customer the relevant provisions of the Contract for the sale of goods shall take place by sending a confirmation, order specification or VAT invoice attached to the shipment to the Customer to the provided e-mail address.

    58. Any questions or concerns related to the functioning of the Online Shop may be reported by the Customer by e-mail to the address: kradex@kradex.com.pl.

    59. The Online Shop reserves the right to change the provisions of these Terms and Conditions. The Customer will be informed about any changes to the Kradex Online Shop Terms and Conditions the next time the Customer logs in at www.kradex.com.pl and asked to accept the changes.

    60. Changes to the Terms and Conditions shall enter into force on the date specified by the Online Shop, however, not less than 7 days from the date of their posting at www.kradex.com.pl. The content of the new Terms and Conditions will be published on www.kradex.com.pl.

    61. The provisions of the Terms and Conditions in the wording in force at the time of order placement shall apply to the orders placed before the entry into force of changes to the Kradex Online Shop Terms and Conditions.