General Conditions of the Lkinox.com on-line eShop
Hello!
Below you will find the regulations of the Lkinox.com on-line eShop, which contains information about: method of placing the order and concluding the sales contract, delivery and payment methods available in the eShop, the withdrawal procedure or the complaint procedure.
The eShop belongs to the company LK-INOX Sp. z o.o., Rafała Krajewskiego str. 27, 33-300 Nowy Sącz, NIP: 7343553191, KRS: 0000701043, registration court: District Court for Kraków Śródmieście in Kraków, XII Commercial Department of the National Court Register, share capital: PLN 300 000.00.
You can contact us at any time by sending an e-mail to: biuro@Lkinox.pl
Greetings and enjoy your shopping
LK-INOX team
§1 Definitions
The phrases used in the following part of the General Terms and Condition of Sales shall mean:
- Buyer– the entity that is the other party of the contract of sales,
- Consumer – a natural person with capacity to perform acts in law, concluding an agreement with the Seller not directly related to his business or professional activity; The consumer is also a Buyer.
- B2B Client – every legal person, as well as an organizational unit w/o the status of a legal person which/who submitted to LK-INOX a commercial enquiry or order concerning goods and services offered by LK-INOX,
- GCS – The General Conditions of Sale are publicly available online at www.LKinox.com. By executing a contract, you accept these GCS.
- eShop – an IT system, which can be used to place orders directly. Available online at www.Lkinox.com
- Seller – LK-INOX Sp. z o.o., with the office in Nowy Sącz Rafała Krajewskiego 27 str., 33-300 Nowy Sącz, NIP/VAT: 7343553191, KRS: 0000701043, sąd rejestrowy: Sąd Rejonowy dla Krakowa Śródmieścia w Krakowie, XII Wydział Gospodarczy KRS, kapitał zakładowy: 300 000,00 zł.
- The Seller – sells stainless steel long and flat products, as well as SS accessories for handrail, glass shower cabins and canopies. The consumer may place the order through the online IT system, available at www.LKinox.com
- GCS – This document specifies the terms and conditions for the eShop available at www.LKinox.com, and, in particular, defines the rules applicable to the placement of Orders and Contracts of Sale concluded via remote means of communication, as well as those governing the use by Buyers of all the services provided by the eShop.
§2 General provisions
- The Seller provide through the eShop retail and B2B trade, as well as services. The Buyer/ B2B client can purchase goods offered on the pages of the eShop.
- GCS – This document specifies the terms and conditions for the eShop available at www.LKinox.com, and also specifies Seller and Buyer rights and obligations.
- To use the eShop and place an order, no special technical requirements are required in Buyer’s computer or other device. In order to use the eShop, minimum requirements:
- device with Internet access,
- standard operating system,
- standard web browser,
- a valid email address.
- The Buyer not able to purchase in the eShop anonymously or under a nickname.
- It is prohibited when using the eShop to provide illegal content, in particular by uploading such content through the forms available in the eShop.
- All product prices listed on the eShop website are gross prices and include taxes.
- The eShop has a B2B area for entrepreneurs only. Some of the general principles under the GCS may be modified in relation to the B2B area, as described in § 12 of the General Conditions of Sale.
§3 Electronically provided services
- Through the eShop, the Seller provides services to Buyers by electronic means. Through the eShop, the Buyer can place an order for finished products shown on the Websites of the eShop, products composed using the product configurator available in the eShop as well as place an individual order using the form created for this purpose. In addition, the Buyer has the opportunity to use the B2B area providing additional functions, such as the ability to negotiate prices or choose other payment methods.
- It is not necessary to comply with specific technical conditions by your computer or other Buyer’s device to use the eShop, including in particular to place an order through the eShop. They are sufficient:
- access to the Internet,
- Standard Operating system,
- Standard Web browser,
- have an active email address.
- The Buyer not able to purchase in the eShop anonymously or under a nickname.
- It is prohibited when using the eShop to provide illegal content, in particular by uploading such content through the forms available in the eShop.
- All product prices listed on the eShop website are gross prices and include taxes.
- The eShop has a B2B area for entrepreneurs only. Some of the general principles under the GCS may be modified in relation to the B2B area, as described in § 12 of the General Conditions of Sale
- If the Buyer decides to create a user account in the eShop, the Seller also provides an electronic service to the Buyer by electronic means of assuming and maintaining a user account in the eShop. The Buyer’s account stores the buyer’s details and the history of orders he placed in the eShop. The Buyer logs into the Account using their email address and password defined by him.
- You can create an account in the eShop from the eShop by filling in a dedicated form and placing an order.
- The assumption of an account leads to a user account service agreement between the Buyer and the Seller. The contract is concluded for an indefinite period of time, and the Buyer can terminate this agreement with immediate effect at any time by deleting the user account. Deleting a user account will not delete the order information placed using your account.
- If the Buyer decides to subscribe to the newsletter, the Seller also provides to the Buyer an electronic service consisting in sending the Buyer emails containing information about news, promotions and products Seller. The newsletter registration can be made by filling in and submitting a registration form to the newsletter or by selecting the appropriate checkbox visible in the ordering process. The Buyer may at any time opt out of receiving the newsletter by clicking on the opt-out button visible in any message sent as part of the newsletter or by sending the relevant request to the Seller.
- The services are provided electronically to Buyers free of charge. Sales contracts concluded through the eShop are paid for.
- In order to ensure the security of the Buyer and the transfer of data in connection with the use of the eShop, the Seller shall take technical and organizational measures appropriate to the degree of security risks of the services provided, in particular, measures to prevent unauthorised persons from collecting and modifying personal data.
- Seller takes steps to ensure that the eShop is fully functional. The Buyer should inform the Seller of any irregularities or interruptions in the operation of the eShop.
- Any complaints related to the operation of the eShop, the Buyer may report by e-mail to the e-mail address biuro@Lkinox.pl . In the complaint, the Buyer should provide the name, address for correspondence, as well as the type and date of irregularities related to the operation of the eShop. The Seller will consider any complaints within 14 days of receipt of the complaint and inform the Buyer of its decision to the address of the complainant.
§4 Order process
- A standard order is an order that includes the finished products described on the eShop pages.
- The Buyer can place the order as a registered Buyer and without registration.
- A registered Buyer is a Buyer who has an account in the eShop. The Buyer can create an account regardless of the order as well as at the stage of placing the order.
- Placing an order is done by filling in the order form after first adding to the shopping cart of interesting products to the Buyer. The form must provide the necessary information to complete the order. The payment method for the order is also selected at the time of placing the order. You must accept the General Conditions of Sale to place your order, which Buyer should have read before. If you have any doubts about the General Conditions, the Buyer may contact the Seller.
- The order process completes the click on the button to finalize the order. Clicking on the order finalization button constitutes a statement of Buyer’s will leading to the conclusion of a contract with Seller for the sale of the products covered by the order. The Buyer will receive to the e-mail address given in the order the confirmation of the order, in this case, a confirmation of the conclusion of the contract at a distance.
- If the Buyer has chosen an online payment, when you click on the finaling button, the order will be redirected to a payment gateway operated by an external payment operator to make a payment for the order. If the Buyer has chosen to pay by bank transfer, when you click the order finalization button, you will be redirected to the eShop page with the payment instructions. Payment for the contract should take place within a time limit previously agreed with the Seller from the conclusion of the contract.
- The Buyer must provide real and valid personal information in the order form. Buyer is responsible for providing incorrect personal information. The Seller reserves the right to withhold the execution of the order where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to its correctness. In this case, the Buyer will be informed by telephone or by e-mail about the Seller’s concerns. In such a situation, the Buyer has the right to clarify all the circumstances relating to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to make contact with the Buyer, the Seller will provide any explanation after the Buyer has made contact.
- The Buyer declares that all the data provided by him in the order form are true, while the Seller IS NOT obliged to verify their accuracy and correctness, although he has such a right in accordance with paragraph 7 above.
- The buyer can place an individual order as follows:
- by submitting them via the eShop form,
- by sending them via email,
- by phone.
- Placing an individual order, regardless of how it is placed, will result in further arrangements with the Seller. Depending on the findings made, the Seller may consider that he will not be able to complete the order or determine the possibility of fulfillment by presenting the Buyer, by e-mail, an offer to complete the order. If the parties agree on all terms of the order, the Seller will send the Buyer a confirmation of acceptance of the order for execution, which will be unambiguous with the conclusion of the contract between the Buyer and the Seller.
§5 Delivery and Payment methods
- The ordered products are delivered to the Buyer through courier companies. The Seller retains the right to choose a courier company because of the subject-matter of the order.
- The cost of delivery of the order shall be borne by the Buyer, unless the Seller on the eShop indicates otherwise or the parties decide otherwise in the individual arrangements.
- The Seller accepts following methods of payment for the orders:
- on-line payment,
- payment by bank transfer,
- payment after delivery at place (after agreement with Seller),
- deferred payment – an option available only for B2B.
- Payment for the order shall be made in advance unless the Seller agrees within the individual arrangements for a different payment date.
- The online payment service provider is Blue Media S.A. Payment is possible using an online transfer or payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro). In the event of a refund for the transaction made by the Buyer by a payment card, the Seller made a refund to the bank account assigned to the Buyer’s payment card, unless the Buyer expressly agreed in another way which does not entail any costs for him.
§6 Order fulfillment
- The Buyer will receive an order confirmation at the e-mail address provided in the order form.
- The duration of the order shall be calculated from the moment of obtaining a positive payment authorization – in the case of payment by payment card, from the date of recognition of the Seller’s bank account – in the case of payment by bank transfer. In case of payment on delivery (optional available only for B2B), the order execution time is determined individually.
- The execution of the order consists in its preparation for shipping to the Buyer.
- After the order has been completed, a confirmation of the order will be sent to the Buyer’s e-mail address and the process of sending the order to the Buyer will begin.
- The delivery date of the products to the Buyer depends on the method of delivery of the order chosen by the Buyer. This period shall be calculated from the date of execution of the order.
§7 Withdrawal from the Buyer’s Contract
- A Buyer who has entered into a distance agreement with the Seller shall have the right to withdraw from the contract without giving a reason within 14 days of the date of possession of the purchased goods.
- The right to withdraw from the contract shall not be granted in respect of contracts in which the subject-matter is unprefabricated, manufactured according to the consumer’s specifications or to meet its individualised needs (posts, handrails, French balconies, wooden handrails, painted pipes or cut to lenth)
- In order to withdraw from the contract, the Buyer must inform the Seller of his decision to withdraw from the contract by means of an unequivocal statement sent by traditional mail.
- The Buyer may use the withdrawal form model available at www.Lkinox.com, but this is not mandatory.
- In order to maintain the withdrawal period, it is sufficient for the Buyer to send information on the performance of the Buyer’s right to withdraw from the contract before the expiry of the withdrawal period.
- The Buyer is obliged to return the Seller’s product or to transfer it to the person authorised by the Seller for receipt immediately, but no later than 14 days from the date on which he has withdrawn from the contract, unless the Seller has proposed that he himself receive the item. To keep the deadline, it is sufficient to return the product before it expires.
- The Buyer shall bear the direct costs of returning the goods.
- In the event of withdrawal, the Seller shall refund the Buyer all payments received from the Buyer, including the cheapest available cost of delivery of products available in the eShop (if the cost covered the Buyer) immediately and in any case no later than 14 days from the date on which the Seller has been informed of the exercise of the right of withdrawal. Payment refunds will be made using the same payment methods as used by the Buyer in the original transaction, unless the Buyer has expressly agreed to another solution. In any case, the Buyer will not incur any fees due to the form of payment refund.
- If the Seller has not proposed that the Goods will be taken from the Buyer by Seller, he may abstain from returning payments received from the Buyer until the Buyer receives the item back or provides proof of his return, whichever event will occur earlier.
- The Buyer is responsible for reducing the value of the product resulting from the use of the product in a way that goes beyond the necessary to determine the nature, characteristics and functioning of the product.
§8 Liability for defects
- The Seller is obliged to provide the Buyer with a defect-free product.
- The Seller is responsible to the Buyer if the product sold has a physical or legal defect (warranty for defects).
- If the product sold has a defect, the Buyer may:
- request the replacement of the product free of defects,
- request the removal of the defect,
- make a statement of price reduction,
- declaration of withdrawal from the contract.
- The Seller indicates that the defect of the product is not:
- Technical parameters if they comply with the standards set out in the Norms and Tolerances tab
- Surface finish quality, if it complies with the manufacturer’s description/standard description/standard in the offer.
- If the Buyer finds a defect to the product, he should inform the Seller thereof, while specifying his claim relating to the defect found or making a statement of the relevant content.
- The Buyer may use the claim form available at Lkinox.com, but this is not mandatory.
- The Seller will respond to the complaint made by the Buyer within 14 days of the date of service of the complaint by means of such a means of communication, by which the complaint was made.
- If the party to the sales contract with the Seller is the Legal Entity (B2B client), the warranty for defects in the sold goods is disabled.
§9 Personal data and Cookies
- The administrator of the Buyer’s personal data is the Seller.
- The Buyer’s personal data is processed for the following purposes and on the basis of the following legal bases:
- conclusion and performance of a user account agreement – Art. 6 paragraph 1 let. b RODO,
- conclusion and implementation of the sales contract – Art. 6 paragraph 1 let. b RODO,
- implementation of tax and accounting obligations – Art. 6 paragraph 1 let. c RODO,
- defence, investigation or fixing of claims relating to the contract, which is a legitimate interest pursued by the Seller – Art. 6 paragraph 1 let. f RODO,
- identification of the returning Buyer, which is a legitimate interest pursued by the Seller – Art. 6 paragraph 1 let. f RODO,
- handling of inquiries by Buyers not yet entering into the conclusion of the contract, which is a legitimate interest pursued by the Seller – Art. 6 paragraph 1 let. f RODO,
- dispatch of the newsletter, after the previously expressed consent – Art. 6 paragraph 1 lit. a RODO.
- The recipients of the Buyer’s personal data are: courier companies, tax offices, accounting office, law firm, hosting provider and other subcontractors associated with the Seller with a contract to entrust the processing of personal data.
- The Buyer’s personal data is stored in the Seller’s database at all times in order to ensure that the returning Buyer is identified, but the Buyer may object, requesting the removal of the your data from the Seller’s database. If such an objection is lodged before the limitation period for claims from the contract concluded, the Seller will have an overriding interest in storing the Buyer’s data until the limitation period expires. The accounting documentation containing the Buyer’s personal data shall be stored for the period required by law.
- Buyer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, rectification, erasure, restriction of processing, the right to object to the processing, the right to transfer the right to lodge a complaint with the President of the Office for the Protection of Personal Data.
- The provision of personal data by the Buyer is voluntary, but it is necessary to contact the Seller, enter into a contract or subscribe to the newsletter.
- The eShop uses cookies.
- Details of personal data and cookies are described in the Privacy Policy available at www.Lkinox.com.
§10 Objections
- If, in the individual determinations with the Buyer, the Seller uses prices without clearly specifying their nature (is it gross or net) it is assumed that the price is net in nature, which means that the tax on goods and services will be added to it on a terms and at the rate applicable in at the time of sale.
- If the goods are sold in terms of quantity by sales units (e.g. m, kg), the Seller reserves the margin of accuracy in quantity in the execution of the order at the level of plus/minus 10%, and plus/minus 15% in case of coils.
- The Seller guarantees quality of one side of the material. Unless it is agreed otherwise, this means the top of sheets and the outer part of coils.
- The Seller reserves that in case of products made of corrosion-resistant steel it is not possible to exclude existence of defects described in standards. For this reason, the Buyer undertakes to subject these products before their use to the relevant tests required by the Polish law.
- Attestations, certificates, statements of compliance or other documents confirming quality of the Goods shall be enclosed with the delivered Goods if such requirement is entered in the order or in the contract, up to 5 days of the date of delivery. The Seller does not verify the technical information included in attestations, certificates and other documents that confirm quality.
- If, until the time of releasing the Goods or making out the invoice, the Seller has not received attestations from the producer or from his supplier, the attestation shall be provided or sent immediately after its reception by the Seller. The said delay may not be the ground for any claims on part of the Buyer or his business partners, including in particular for withholding or limiting payments, filing complaints and making other demands of sanction nature.
- Seller hereby informs Buyer of the standards and rules under which they are sold:
- The Buyer is obliged to inspect the provided Goods for quantity and quality in the scope of not hidden defects immediately after its reception.
- Any quantity complaints must be filed immediately after reception of the Goods under pain of losing rights for deviations in quantity.
- The Seller will not consider any claim concerning defects, shortages or non-conformity of the goods with the order, if they could be detected as a result of an inspection and this check was not carried out.
- Any quality complaints must be filed immediately after reception of the Goods with attach accurate photo documentation of The Item, but not later than within 14 days of the reception of the Goods, under threat of loss of rights to deal with complaints. When considering claims, their relevance shall be assessed in relation to the standards contained in the “Norms and Tolerances”.
- In case of weight complaints, the Seller is entitled to demand photos from weighing, the certificate of scales certification, and any other measuring devices.
- If only some of the delivered and sold Goods are defective and can be isolated from the goods free of defects, the right of the Buyer to resign of the execution of the order or withdraw from the contract related to the execution of his order shall be limited only to the defective goods.
- The challenged Goods should be available for the Seller in raw form throughout the period of the complaint. Claimed goods has to be stored in an appropriate way to prevent the damage and losses.
- In each case of complaint, drafting up the record of complaint and the photo documentation by the Buyer immediately after filing of the complaint shall be the basis for its examination by the Seller.
- The Seller shall not be responsible for the Goods used in a way at variance with its intended use and technical properties, in which damages resulted from errors in manufacture and design of third persons and as a result of not following recommendations and guidelines of the producer.
- The Seller shall not be responsible for damages caused at the time of unloading of the Goods.
- The Seller shall be entitled to withhold with the execution of his claims against the Buyer on account of the complaint until the time when the Buyer settles all amounts due under it. The quantitative and/or qualitative challenge of the Goods does not entitle the Buyer to withhold payments for deliveries.
- Return by Buyer is possible when completed if the following conditions are met: a positive response to the claim by the Seller. The Goods accepted by the Seller shall be not damaged, wasn’t processed in the production processes of the Buyer and identifiable as regards the parameters stated in the attestations. In case of the goods packed in the factory, they must be in the original, undamaged packages.
- The return of the Goods shall be only done after a prior written notification of the Seller about it, and after obtaining his written confirmation / acceptance.
- The seller indicates that the foregoing objectives are not intended to prejudice Consumers’ interests in any way, much less deprived of Consumers rights. However, the special nature of the Products sold by the Seller makes, that the Seller has considered it appropriate to point out Buyers the above objections in the interest of providing the Buyer as much as possible about the offer.
§11 Out-of-court means of dealing with complaints and claims
- Seller agrees to solve any disputes arising out of the sale of goods through Mediation process. The details will be determined by the parties to the conflict.
- The consumer has the possibility to use out-of-court means of dealing with complaints and claims. The Buyer shall be able to:
- zwrócenia się do stałego polubownego sądu konsumenckiego z wnioskiem o rozstrzygnięciu sporu wynikłego z zawartej umowy sprzedaży,
- zwrócenia się do wojewódzkiego inspektora Inspekcji Handlowej z wnioskiem o wszczęcie postępowania mediacyjnego w sprawie polubownego zakończenia sporu między Kupującym a Sprzedawcą,
- skorzystania z pomocy powiatowego (miejskiego) rzecznika prawa konsumenta lub organizacji społecznej, do której statutowych zadań należy ochrona konsumentów.
- Bardziej szczegółowych informacji na temat pozasądowych sposobów rozpatrywania reklamacji i dochodzenia roszczeń, Konsument może szukać na stronie internetowej https://polubowne.uokik.gov.pl.
- Konsument może również skorzystać z platformy ODR, która dostępna jest pod adresem http://ec.europa.eu/consumers/odr. Platforma służy rozstrzyganiu sporów pomiędzy konsumentami i przedsiębiorcami dążącymi do pozasądowego rozstrzygnięcia sporu dotyczącego zobowiązań umownych wynikających z internetowej umowy sprzedaży lub umowy o świadczenie usług.
§12 B2B platform
- The eShop has a B2B area dedicated to business only. To use the B2B area, you must have a dedicated user account. User accounts in B2B has to be activated by Seller. Seller reserves the right to verify Buyers before activating the account. Seller reserves the right to deny you access to the B2B area.
- In the B2B area, the range of available products may be wider.
- In B2B area, it is possible to negotiate product prices through a mechanism available as part of the procurement process. Price negotiation consists in the Buyer’s presentation of a price other than the Seller’s proposed price in the eShop. In such a case, the sales agreement shall be deemed to have been concluded when the parties come to an agreement on the price. The negotiating mechanism operates within the procurement process, which means that the ordering procedure described in § 4 of the GCS is modified. In particular, clicking on the finaling button does not lead to the conclusion of a sales agreement if the parties have not yet reached an agreement on the price to be negotiated.
- An end-product configurator is available in B2B area. This means that the Buyer can not only add products to the shopping cart at the stage of placing an order, but also configure them using the capabilities programmed in the eShop. The Seller does not guarantee that he will be able to fulfill any order placed using the product configurator.
- Additional payment options may be available in the B2B area, in particular a payment on delivery or prepayment based on a proforma invoice. Additional payment options are activated by the Seller according to his decision, which may depend on EULER HERMES’s positive verification or the course of cooperation so far.
- In B2B area, the duration of the order can be determined with the Buyer individually.
- The Seller’s warranty for defects in goods sold is excluded for purchases made in the B2B area.
- The Seller may withdraw from the contracts concluded by Buyers within the B2B area, the Seller may withdraw within 14 days of their conclusion by making an appropriate statement to the Buyer via e-mail.
§13 Final provisions
These GCS shall apply from 01.09.2019
Seller reserves the right to enter and cancel offers, promotion and to change the price of products in the eShop without prejudice to the rights acquired by you, including in particular the terms of the contracts concluded before the amendment.
Seller reserves the right to make changes to the General Conditions of Sale. To contracts concluded before the change of GCS shall apply GCS applicable on the date of conclusion of the Agreement.
Buyers who have an account in the eShop will be informed about any changes to the General Conditions of Sale by e-mail to the e-mail address. If the new Terms and conditions are not approved, The buyer shall have the right to terminate the account at any time by deleting an account or to make a statement to the Seller, in any form, about termination of the account.
Any disputes related to The eShop and contracts entered into through eShop will be reviewed by a polish general court having jurisdiction on the basis of the permanent place of the Seller business activity. This provision shall not apply to Consumers, This provision shall not apply to Consumers, where jurisdiction of the court are dealt with in general terms.
In the event of determinations made with Buyer individually, the arrangements made by e-mail shall take precedence over General Conditions of Sale. To the extent not regulated by individual arrangements, requirements of General Conditions of Sale shall apply.