Terms and Conditions

Regulations of the Kawasaki Badminton Europe ONLINE Shop 2020.04.16
 

I.  Definitions

The terms used in the Regulations mean:

1. Customer - a natural person, legal entity or organizational unit that is not a legal entity, to which special provisions grant legal capacity, which places an Order in the Shop;

2. Consumer - in accordance with Article 22[1] of the Civil Code, means a natural person who performs with an entrepreneur a legal action not directly related to his business or professional activity.

3. Civil Code - the Act of 23 April 1964. (Journal of Laws No 16, item 93 as amended);

4. Regulations - these Regulations for the provision of services electronically within the Kawasaaki Sport Europe online Shop;

5. Online Shop (Shop) - an Internet service available at [www.shop.kawasaki-sport.eu], through which the Customer can in particular place Orders;

6. Goods - products presented in the Online Shop;

7. Sales contract - a contract of sale of Goods within the meaning of the Civil Code, concluded between [PowerBad Wojciech Szkudlarczyk] and the Client, concluded using the Shop's website;

8. Act on Consumer Rights - Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827);

9. Act on the provision of electronic services - Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);

10. Order - the Customer's declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

11. GDPR - 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).

 

II.  General provisions

2.1 These Regulations define the rules of use of the online Shop available at the address: [www.shop.kawasaki-sport.eu].

2.2 These Regulations are the regulations referred to in Article 8 of the Act on Rendering Electronic Services.

2.3 The online Shop, operating at the address: [www.kawasaki-sport.eu], is run by PowerBad Wojciech Szkudlarczyk, ul. Piaskowa 20, 62-040 Puszczykowo, POLAND.

2.4 These Regulations define in particular:
       a) Rules of registration and use of the account within the online Shop;
       b) terms and conditions of making electronic reservations for products available in the online Shop;
       c) the terms and conditions for placing orders electronically within the online Shop;
       d) the principles of concluding Sales Agreements using the services provided by the online Shop.

2.5 The use of the online Shop shall be possible provided that the IT system used by the Customer meets the following minimum technical requirements:
       a) Internet Explorer version 8 or newer with Java and Flash support enabled, or
       b) Google Chrome version 10 or later with Java and Flash support enabled, or
       c) Mozilla Firefox version 20 or higher with Java and Flash support enabled,
       d) minimum screen resolution of 1024 x 768 pixels.

2.6 In order to use the online Shop, the Customer should obtain access to a computer workstation or a terminal device with Internet access on his own.

2.7 In accordance with the applicable law, PowerBad Wojciech Szkudlarczyk, ul. Piaskowa 20, 62-040 Puszczykowo, POLAND reserves the right to limit the provision of services through the Online Shop to persons who are over 18 years old. In such a case potential customers will be informed about the above.

2.8 Customers may access these Terms and Conditions at any time via a link located on the main page of the website www.kawasaki-sport.eu and download and print it.

 

III. Personal data

3.1. PowerBad Wojciech Szkudlarczyk may process personal data for the purpose of processing an order pursuant to Article 6(1)(b) of the GDPR and that you obtain these data from customers.

3.2 The provision of such data is voluntary, but necessary to complete the order. Because without this data there will be no contract of sale.

3.3. PowerBad Wojciech Szkudlarczyk is the administrator of this personal data. Tel: +48 884 66 55 44 , e-mail: shop@kawasaki-sport.eu

3.4 Personal data will be processed for an unlimited period of time due to tax regulations, discount policy, loyalty policy, etc.

3.4 Each customer has the right to access, rectify, delete or limit the processing of his personal data, as well as the right to object to the processing and the right to data transfer.

3.5 The customer has the right to lodge a complaint with the supervisory authority, which is the President of the Office for Personal Data Protection.

3.6. PowerBad Wojciech Szkudlarczyk undertakes to observe the secrecy related to the Client's data and not to make the data available to unauthorised persons and to properly protect the information against access by any unauthorised persons. The Shop will not use this data for purposes other than those indicated in the Regulations.

 

IV. Rules of using the Online Shop

4.1 The condition to start using the Online Shop is registration.

4.2 Registration shall take place by completing and accepting the registration form available on one of the pages of the Shop.

4.3 The condition for registration is to agree to the content of the Regulations and provide personal data marked as mandatory.

4.4. PowerBad Wojciech Szkudlarczyk may deprive the Customer of the right to use the On-line Shop, as well as restrict his access to some or all of the resources of the On-line Shop, with immediate effect, in the event of a breach of the Rules by the Customer, and in particular when the Customer:
       a) provided untrue, inaccurate or outdated data, misleading or violating the rights of third parties during registration in the Online Shop,
       b) has committed, through the Online Shop, an infringement of the personal rights of third parties, in particular the personal rights of other customers of the Online Shop,
       c) commit other behaviour which will be deemed by PowerBad Wojciech Szkudlarczyk to be contrary to the applicable laws or general rules of Internet use or to the good name of PowerBad Wojciech Szkudlarczyk.

4.5 A person who has been deprived of the right to use the Online Shop may not register again without prior consent of PowerBad Wojciech Szkudlarczyk.

4.6 In order to ensure the security of the transmission of messages and data in connection with the services provided under the Website, the Online Shop shall take technical and organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorized persons of personal data transmitted on the Internet.

4.7 The Customer is obliged in particular to:
      a) not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
      b) use the Online Shop in a manner that does not interfere with its operation, in particular by using specific software or devices,
      c) not to take actions such as sending or posting unsolicited commercial information (spam) within the Online Shop,
      d) to use the Online Shop in a manner not burdensome for other customers and for PowerBad Wojciech Szkudlarczyk,
      e) to use any content placed in the Online Shop only for your own personal use,
      f) use the Online Shop in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Rules and Regulations, as well as with the general principles of using the Internet.

 

V.  Procedure for conclusion of the Sales Agreement

5.1 The information on Goods given on the Shop's website, in particular their descriptions, technical and utility parameters and prices, shall constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.

5.2 In order to conclude a Sales Agreement through the Online Shop, you must go to www.shop.kawasaki-sport.eu, select the goods and their colours from the Shop's offer, taking further technical steps based on the messages displayed to the Customer and information available on the site.

5.3 The selection of Goods ordered by the Customer is made by adding them to the basket.

5.4 In the course of placing an Order - until the "I order" button is pressed - The Client has the possibility to modify the entered data and selected Goods. For this purpose, it is necessary to follow the messages displayed to the Client and information available on the website.

5.5 After the Customer using the Online Shop has provided all necessary data, a summary of the Order placed will be displayed. The summary of the Order placed will contain information about it:
      a) the subject of the Order,
      b) the unit and total price of the products or services ordered, including delivery costs and additional costs (if any),
      c) the method of payment chosen,
      d) the method of delivery chosen,
      e) delivery time,

5.6 In order to send the Order it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button "I order with obligation to pay".

5.7 Sending the Order by the Customer constitutes a declaration of willingness to enter into a Sales Agreement with PowerBad Wojciech Szkudlarczyk, ul. Piaskowa 20, 62-040 Puszczykowo, POLAND in accordance with the Terms and Conditions.

5.8 After placing an Order, the Customer receives an email entitled Order Confirmation No., which contains the final confirmation of all the essential elements of the Order.

5.9 The Agreement shall be deemed concluded upon receipt by the Customer of the email referred to above.

5.0 The Sales Agreement is concluded in the English language, with the content compliant with the Terms and Conditions.

5.1 Customers may access these Terms and Conditions at any time via a link located on the homepage of the service www.shop@kawasaki-sport.eu and download and print it.

5.2 The data of the Order and the General Terms and Conditions (the Regulations of the online Shop) shall be recorded, secured and made available via e-mail.

 

VI.  Delivery

6.1 Delivery of the Goods is limited to the territory of the Europe and takes place at the address indicated by the Customer when placing an Order.

6.2 The delivery of the ordered Goods shall be made by courier: Parcel in motion, Paczkomaty, DPD Group, Polish Post. The delivery costs can be checked by clicking on the link: www.shop.kawasaki-sport.eu/Delivery-cterms-eng-28.html. Delivery costs will also be indicated when placing an Order.

6.3 The delivery time is from 1 to 7 working days from the date of sending the Order by the Customer.

 

VII.  Prices and payment methods

7.1 The prices of the Goods shall be quoted in Euro and shall include all components, including VAT (with a distinction of the rate), duties and all other components.

7.2 The Customer has the option to pay the price:
      a) by bank transfer to Alior Bank account number PL22249010570000990282030810, SWIFT/BIC: ALBPPLPW
      b) a payment in the IAI S.A. system,
      c) cash on delivery at the premises:
             -ul. Piaskowa 20, 62-040 Puszczykowo, POLAND


VIII.  Right of withdrawal

Only the Customer who is at the same time a Consumer is entitled to a 14-day period to withdraw from the contract. The Consumer has the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract shall expire after 14 days from the day on which you acquire possession of the goods or on which a third party other than the carrier and indicated by you acquires possession of the goods.

In order to exercise your right of withdrawal, you must inform us by telephone ( +48 884 66 55 44 ) or e-mail ( shop@kawasaki-sport.eu ) (please enter your name, full postal address and, where available, your telephone number and e-mail address) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by e-mail).

You may use the model withdrawal form, but this is not obligatory. You can also complete and send the withdrawal form or any other unequivocal statement by e-mail on our website https://shop.kawasaki-sport.eu/Order-cancellation-cterms-eng-29.html. If you make use of this option, we will immediately send you an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail).

In order to meet the withdrawal deadline, it is sufficient for you to send the information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal.

If you withdraw from this contract, we shall reimburse you for all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from the method of delivery chosen by you other than the cheapest usual method of delivery offered by us), immediately and in any event no later than 14 days from the date on which we are informed of your decision to exercise your right of withdrawal from this contract. We will reimburse you using the same payment methods as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with the reimbursement.

We may withhold reimbursement of payment until we have received the item or you have provided us with proof of return, whichever is earlier.

If the consumer has received the goods in connection with the contract:
      a) Please send back or hand over the item to us immediately and in any case not later than 14 days after you have informed us of your withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline has expired.
      b) You will have to bear the direct costs of returning the item.

 

IX. Complaints concerning Goods

9.1 PowerBad Wojciech Szkudlarczyk as a seller shall be liable to the Client who is a Consumer within the meaning of Article 22[1] of the Civil Code for defects to the extent specified in the Civil Code, in particular in Article 556 and Articles 556[1] - 556[3] and subsequent Civil Code.

9.2 Complaints resulting from violation of rights guaranteed by law, or on the basis of these Regulations, should be sent to shop@kawasaki-sport.eu. The PowerBad Wojciech Szkudlarczyk undertakes to consider each complaint within 14 days. Failure to consider a complaint within this period shall mean that it is considered justified.

9.3 PowerBad Wojciech Szkudlarczyk is not a manufacturer of goods. The manufacturer is responsible for the warranty of the sold Goods under the terms and for the period indicated in the warranty card. If the warranty document provides for such a possibility, the Customer may submit his or her claims under the warranty directly to an authorized service, whose address is included in the warranty card.

 

X. Complaints regarding the provision of electronic services

10.1. PowerBad Wojciech Szkudlarczyk, Piaskowa 20, 62-040 Puszczykowo Street, POLAND undertakes actions to ensure that the Shop operates fully correctly, to the extent resulting from the current technical knowledge, and undertakes to remove all irregularities reported by Customers within a reasonable time.

10.2 The Customer shall immediately notify PowerBad Wojciech Szkudlarczyk, Piaskowa 20, 62-040 Puszczykowo, POLAND of any irregularities or interruptions in the functioning of the Online Shop's service.

10.3 The Customer may report irregularities related to the functioning of the Online Shop in writing to the address: PowerBad Wojciech Szkudlarczyk, 20 Piaskowa Street, 62-040 Puszczykowo, POLAND:, by e-mail to shop@kawasaki-sport.eu or using the contact form.

10.4 In the complaint the Customer should provide his or her name, correspondence address, type and date of occurrence of irregularities related to the functioning of the Shop.

10.5 PowerBad Wojciech Szkudlarczyk, 20 Piaskowa Street, 62-040 Puszczykowo, POLAND undertakes to consider each complaint within 14 days. Failure to consider the complaint within the above mentioned period means that it is considered justified.

 

XI.  Settlement of disputes and final provisions

11.1 A Customer who is a Consumer may, in case of interest, use out-of-court means of complaint handling and claiming. Disputes concerning online shopping may be resolved by means of mediation proceedings before the Provincial Inspectorates of the Commercial Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Commercial Inspection. The consumer may also use other methods of out-of-court dispute resolution and, for example, submit his complaint via the EU online ODR platform, available at the address: http://ec.europa.eu/consumers/odr/

11.2 In case of lack of interest on the part of the Consumer in the possibility of using out-of-court methods of dispute resolution, resolving possible disputes arising between PowerBad Wojciech Szkudlarczyk, Piaskowa 20, 62-040 Puszczykowo Street, POLAND and the Consumer, shall be submitted to the courts competent in accordance with the provisions of the relevant provisions of the Civil Procedure Code.

11.3 Settlement of potential disputes arising between PowerBad Wojciech Szkudlarczyk, ul. Piaskowa 20, 62-040 Puszczykowo, POLAND and a Customer who is not a Consumer at the same time shall be submitted to the court having jurisdiction over PowerBad Wojciech Szkudlarczyk's registered office, ul. Piaskowa 20, 62-040 Puszczykowo, POLAND.

11.4 In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and relevant Polish law acts shall apply, as well as the law of the European Union, in particular the GDPR.

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