These Regulations define the general conditions, manner of providing services electronically and sales conducted via the Online Store www.swordsmanscraft.com. The store is run by Jarosław Kryczyk, running a business under the name SWORDSMAN’S CRAFT Jarosław Kryczyk, entered into the Register of Entrepreneurs of the Central Register and Information on Business Activity run by the Minister of Development at ul. Błękitna 56, 04-663 Warsaw, NIP: 9522048341, REGON: 383764210, hereinafter referred to as the Seller.
Contact with the Seller takes place through:
e-mail address: shop@swordsmanscraft.com
at the telephone number: +48725587236.
These Regulations are continuously available on the website www.swordsmanscraft.com, in a manner enabling its acquisition, reproduction and recording of its contents by printing or saving on a carrier at any time.
The Seller informs that the use of services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malware into the IT system of the Client and obtaining and modifying its data by unauthorized persons. To avoid the risk of the above-mentioned risks, the customer should use appropriate technical measures that minimize their occurrence, in particular anti-virus programs and a firewall.
2. DefinitionsTerms used in the Regulations mean:
Business days – these are days from Monday to Friday, excluding public holidays.
Client – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific legal provisions of which provide legal capacity, which orders within the Online Store or uses other Services available in the Online Store.
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
Consumer – a customer who is a consumer within the meaning of art. 22 [1] of the Civil Code.
Entrepreneur – a customer who is an entrepreneur within the meaning of art. 43 [1] of the Civil Code.
Regulations – this document.
Goods – a product presented in the Online Store, the description of which is available for each of the presented products.
Sales contract – a Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer.
Services – services provided by the Seller to Customers via electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827).
The Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
3. The rules of using the Online Store
Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a computer or a mobile device with access to the Internet,
access to electronic mail,
Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or newer,
enabling Cookies and Javascript in the browser.
Using the Online Store means any activity of the Customer, which leads to familiarization with the content contained in the Store.
The customer is obliged in particular to:
not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
not taking actions such as: sending or posting unsolicited commercial information within the Online Shop (spam),
use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
use of all content posted on the Online Store only for personal use,
use the Online Store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
4. Services
The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The Seller has the right to organize occasional competitions and promotions, the terms of which will always be provided on the Store’s website. Promotions in the Online Store are not subject to merger, unless the Regulations of a given promotion state otherwise.
In the event of a breach by the Customer of the provisions of these Regulations, the Seller after the prior ineffective call to stop or remove violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
5. The procedure of conclusion of the Sales Agreement
Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.
All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally placed on the Polish market.
The condition for submitting the Order is to have an active e-mail account.
In the case of placing orders via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude an Agreement for the sale of Goods being the subject of the Order. An offer submitted in electronic form binds the Customer if the Seller sends a confirmation of acceptance to the Customer’s e-mail address provided for by the Customer, which constitutes the Seller’s statement on accepting the Customer’s offer and upon the receipt of the Customer’s purchase agreement.
Placing an Order in the Online Shop via the telephone or by sending an electronic message shall take place in the Working Days and hours indicated on the Online Store website. For this purpose, the customer should:
specify in the content of an email addressed to the Seller the name of the Goods from among the Goods on the Store’s website and its quantity,
indicate the method of delivery and payment method among the delivery methods and payments given on the Store’s website,
provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.
Information on the total value of the Order referred to in point above is provided each time by the Seller after completing the entire Order by informing by e-mail along with information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, with this moment a Sales contract is concluded.
In the case of a Customer who is a Consumer, the Seller each time after submitting the Order via telephone or electronic mail, sends the Customer a confirmation of the conditions of the placed Order.
The contract is concluded when the Customer, being a Consumer (in response to the order conditions sent by the Seller) sends an e-mail to the Seller’s e-mail address, where the Customer accepts the content of the Order and agrees to its implementation and accepts the Regulations and confirms reading the instruction on withdrawal from the Agreement.
After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms, sending them to the Customer’s email address or in writing to the address provided by the Customer.
The sales contract is concluded in English, with the content in accordance with the Regulations.
6. Delivery
Product delivery is available worldwide. The delivery is carried out to the address indicated by the Customer during placing the Order. Write to us if your country does not appear on the list in the order form.
The delivery is carried out in the form of a postal item via the postal operator
The Seller on the Store’s websites in the description of the Goods informs the Customer about the number of Business Days needed to execute the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The time of delivery and execution of the Order is counted in Working Days.
If for the Goods covered by the Order a different period of implementation is provided for, the whole period is the longest period out of the foreseen.
7. Prices and payment methods
Goods prices are given in Polish zlotys, euros and US dollars. We reserve the right to change prices of goods on offer. SWORDSMAN’S CRAFT reserves the right to claim that prices can have been misprinted on the SWORDSMAN’S CRAFT online shop.
The customer can choose the following payment methods:
a bank transfer to the Seller’s bank account (in this case, the realisation of the Order will commence after the funds have been credited to the Seller’s bank account and the Order has been completed);
The Customer is obliged to make the payment within 14 calendar days from the date of the Sale Agreement.
The Seller on the Store’s websites informs the Customer about the date when he is obliged to make the payment for the Order. If the Customer fails to pay by the deadline referred to in the preceding sentence, the Seller, after previous ineffective payment request, may withdraw from the Agreement based on Art. 491 of the Civil Code.
8. The right to withdraw from the Agreement
The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate statement within 14 days. To comply with this deadline, it is enough to send a statement before its expiry.
The Customer may formulate a statement on his own or use the template of the statement on withdrawal from the Agreement.
The 14-day period shall count from the day on which the Goods were delivered or in the case of the Contract for the provision of Services from the date of its conclusion.
Upon receipt of a declaration of withdrawal from the Agreement by the Consumer, the Seller shall send to the consumer’s e-mail address confirmation of receipt of the statement on withdrawal from the Agreement.
The right to withdraw from the Agreement by the Consumer is excluded in the case of:
the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement;
Contract in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement;
Contract in which the object of the provision is Non-prefabricated Goods, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
Contract in which the subject of the service is a product that is subject to rapid deterioration or has a short shelf-life;
Contract in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
Contracts in which the object of the service are Products which after delivery, due to their nature, are inseparably connected with other things.
In the event of withdrawal from the Contract concluded at a distance, the Agreement is considered void. What the parties have rendered is returned in an unaltered state, unless a change was necessary to establish the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller’s address.
The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, however this method will not be binding for the Consumer at any cost. The Seller may withhold reimbursement of payments received from the Customer until receipt of the item back or delivery of proof of its return, depending on which event occurs first, unless the Seller has offered to pick up the item from the Customer himself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Consumer.
The Customer bears only the direct cost of returning the Product, unless the Seller agreed to incur this cost.
The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
If the consumer has chosen a method of delivery of the Product other than the cheapest method of delivery, the Seller is not obliged to refund the additional costs incurred by the consumer.
The consumer bears the direct costs of returning the Product.
In the case of a Product being a service whose performance – at the express request of the consumer – started before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal from the contract . The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
9. Product complaint
SWORDSMAN’S CRAFT as the seller is liable to the Customer who is a consumer within the meaning of art. 221 of the Civil Code, under the warranty for defects in the scope specified in the Civil Code, in particular in art. 556 and art. 556 [1] – 556 [3] of the Civil Code.
Complaints arising from the infringement of the Customer’s rights guaranteed by law or under these Regulations should be directed to the address of the store or email address: shop@swordsmanscraft.com. SWORDSMAN’S CRAFT undertakes to review each complaint within 14 days, and if it was not possible, to inform the customer during this period, when the complaint will be considered.
Where the buyer is not a consumer within the meaning of Article 221 of the Civil Code, the shop grants a 14-day pre-sale guarantee. The after sales warranty does not provide.
Where the buyer is not a consumer within the meaning of Article 221 of the Civil Code, the parties exclude the seller’s liability under the warranty for physical defects of the goods (Article 558 § of the Civil Code).
It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request a way to bring the Product into compliance with the Sale Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and speed up the complaint handling by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
The Seller will respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. Lack of the Seller’s attitude in the above-mentioned period means that the Seller considered the complaint justified.
In case when the Seller responds to the Customer’s complaint or to exercise the Customer’s rights resulting from the warranty, it will be necessary to deliver the Product to the Seller, the Customer will be asked by the Seller to deliver the Product at the Seller’s cost to ul. Błękitna 56, 04-663 Warsaw. If, however, due to the type of defect, type of the Product or the method of its installation, the Product delivery by the Customer would be impossible or excessively difficult, the Customer will be asked to provide the Seller’s Product at the place where the Product is located, after prior appointment.
A request to provide the Product referred to in point 6.6 of the Regulations does not affect the course of the period for responding to the Seller’s complaint to the Customer, referred to in point. 6.5 of the Regulations and does not violate the Customer’s right to demand from the Seller the disassembly of the defective Product and re-installation of the Product after exchange for a free of defects or removal of the defect referred to in Article. 561 [1] of the Civil Code.
10. Provisions concerning entrepreneurs
This section of the Regulations and the provisions contained herein apply only to Clients and Service Users who are not consumers.
The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.
Upon the release of the Product by the Seller, the carrier shall transfer to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for carriage until it is delivered to the Customer and for delay in transporting the shipment.
In the event of sending the Product to the Customer via the carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner accepted for such parcels. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
According to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.
The liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Agreement Sales, however, not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for the lost benefits in relation to the Service Recipient / Customer who is not a consumer.
Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
11. Complaints regarding the provision of electronic services
The Customer may report to the Seller complaints in relation to the functioning of the Store and the use of the Services. Complaints may be submitted in writing to: SWORDSMAN’S CRAFT Jarosław Kryczyk, ul. Błękitna 56, 04-663 Warsaw, to the email address: shop@swordsmanscraft.com, phone number +48725587236.
In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
The Seller undertakes to review each complaint within 14 days, and if it was not possible, to inform the Customer during this period, when the complaint will be considered. In the event of any defects in the complaint, the Seller shall call the Customer to complete it within the necessary period within 7 days from the date of receipt of the request by the Customer.
12. Out-of-court ways of settling complaints and pursuing claims
The Customer who is a Consumer has, among others the following possibilities of using extrajudicial means of dealing with complaints and redress:
is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement;
is entitled to ask the voivodeship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
can get free assistance in settling the dispute between the Customer and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include protection of consumers (including Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation under the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at email porady@dlakonsumentow.pl;
submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
13. Personal data protection
The Seller’s personal data provided by the Customer is collected and processed in accordance with applicable law and in accordance with the Privacy Policy.
14. Final Provisions
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and the use of them may only take place in a specified manner and in accordance with the Regulations.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, is subjected to the courts competent in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, is subjected to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of the Polish law shall apply.
Every Customer shall be informed about any changes to these Regulations through information on the main page of the Online Store containing a list of changes and the date of their entry into force. The date of entry into force of the amendments will not be shorter than 14 days from the date of their publication.
