Terms of service

1. GENERAL PROVISIONS

1.1 These Regulations set out the rules for the use of an online store available at www.kovalite.com hereinafter referred to as e-shop.

1.2 The object of the e-shop is the sale of goods from the category of cosmetic products through an online store available at www.kovalite.com
1.3 All goods offered by the e-shop are brand new, free from physical and legal defects. All goods have been legally introduced into the Polish market.

1.4 The owner of the e-shop, operating at the address www.kovalite.com is Kovalite sp. z o. o. with its registered seat and address for delivery: ul. Czereśniowa 12, 80-126 Gdańsk); NIP: 5833424927, REGON: 388545760, entered in the Register of Entrepreneurs of the National Court Register kept by the REGISTRAR SAD GDANSK-PÓŁNOC IN GDANSK, VII ECONOMIC DEPARTMENT OF THE NATIONAL REGISTER, under the KRS number 0000892487.
1.5 Inquiries and complaints may be addressed to: contact@kovalite.com.

1.6 These Regulations contain the information referred to in Article 12 of the Law on Consumer Rights, and in particular define: a.) the principles of registration and use of an account within the e-store; b.) the terms and conditions for electronic placement of Orders within the e-store; c.) the principles of conclusion and performance of sales agreements with the use of services provided within the e-store.

1.7 The Regulations are addressed to consumers, as well as at the same time to entrepreneurs using the E-Store (with the exception of pt. 11 of the Regulations, which is addressed exclusively to entrepreneurs).

1.8. The administrator of personal data processed in connection with the implementation of the provisions of the Regulations is the Seller. Personal data are processed to the extent and based on the principles indicated in the privacy policy published on the pages of our Online Store.

1.9 Definitions:

1.9.1. WORKING DAY - a day from Monday to Friday excluding public holidays in accordance with the Act of January 18, 1951 on public holidays (Journal of Laws of 1951 No. 4, item 28, as amended).

1.9.2. REGISTRATION FORM - a form made available in the Online Store that allows creating an Account.

1.9.3. ORDER FORM - an interactive form available on the Online Store that allows placing an Order by adding Products to an electronic shopping cart, as well as defining the terms of the Sales Agreement, including the method of delivery and payment.
1.9.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; who has concluded or intends to conclude a Sales Agreement with the Seller.

1.9.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, Item 93 as amended).

1.9.6. ACCOUNT - Electronic Service, is marked with a user name (login) and password provided by the Customer. It is a collection of resources in the Service Provider's ICT system, in which data provided by the Customer and information about the Orders placed by the Customer in the Online Store are collected.

1.9.7. NEWSLETTER - distribution service provided by the Service Provider via e-mail, enabling the Service Recipients using it to automatically receive from the Service Provider cyclic content containing information about news, promotions and products available at the Online Store.

1.9.8. PRODUCT - an item available at the Online Store, which is the subject of a Sales Agreement between the CUSTOMER and the Seller.

1.9.9. REGULATIONS - these Regulations of the Internet Shop.
1.9.10. INTERNET SHOP - Internet service available at the Internet address www.kovalite.comprowadzony is by the company Kovalite Sp z o.o. with its registered office in Gdańsk (registered office and delivery address: 12 Czereśniowa Street, 80-126 Gdańsk); 5833424927, REGON: 388545760, Bank Account : 62 1140 2004 0000 3502 8111 8873 e-ma.il address: contact@kovalite.com; - hereinafter referred to as e-Store
1.9.11 Consumer - a customer who is a natural person, using the e-store for the purpose not directly related to his/her business or professional activity , who, under the terms and conditions specified in these Regulations, registers or has registered with the e-store;
The provisions relating to the consumer shall apply to a natural person who concludes an agreement directly related to his/her business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

1.9.12. CONTRACT OF SALE - a contract of sale of a Product concluded between the Customer and the Seller by means of the Online Store.

1.9.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.

1.9.14. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.9.15. ORDER - a declaration of will of the Customer submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.

1.9.16. SELLER - means Kovalite sp. z o.o. with its registered office in Gdańsk (registered office and delivery address: ul. Czereśniowa 12, 80-126 Gdańsk); NIP:526-10-36-235, NIP: 5833424927, REGON: 388545760, entered in the Register of Entrepreneurs of the National Court Register kept by the REGISTRAR SAD GDANSK-PÓŁNOC IN GDANSK, VII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under the KRS number 0000892487 being at the same time the owner of the E-shop.
1.9.16 Act on Providing Services by Electronic Means - Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 as amended);


2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1 The following Electronic Services are available in the Online Store: Account, Order Form.

2.1.1. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The order is placed after the Customer performs two consecutive steps (1) completing the Order Form and (2) clicking on the Order with Payment field on the Online Store's website until this point, the data entered can be freely modified (for this purpose, follow the messages displayed and information available on the Online Store's website). In the Order Form, it is necessary for the Customer to provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is necessary to provide company name and Tax Identification Number.

2.1.2 The Electronic Order Form Service is provided free of charge and has a one-time nature and is terminated at the time of placing an order through it or at the time of earlier termination of placing an order through it by the Customer.

2.2 Technical requirements required to work with the ICT system used by the Seller (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended screen resolution: 1024×768; (5) enable cookies in your web browser and support Javascript.

2.3 The Customer is obliged to use the Online Store in a lawful manner, taking into account respect for personal rights and copyrights and intellectual property of the Seller and third parties.

2.4 The Customer is obliged to enter data consistent with the facts. The Client is obliged to prohibit the publication of unlawful content. Pursuant to the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144 item 1204, as amended), we inform that it is prohibited for the Client to place on the e-shop website any information of an unlawful nature or information violating good morals.


3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1 The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form on the E-Store in accordance with item. 2.1.2 of the Terms and Conditions.

3.2. The prices of the Products are given in Polish zlotys and are gross prices, i.e. they include all components, including VAT (distinguished by the rate), customs duties and taxes. Prices given on the website of the Online Store do not include delivery costs. The binding and final price of a product is its price listed on the website at the time of placing an order by the Customer.

3.3 Information on the total value of the order including delivery costs is presented in the e-mail containing confirmation of acceptance of the order for processing, after the Customer has selected the form of delivery of the order and the form of payment.
3.4 The Seller reserves the right to make changes to the prices of goods on offer at the e-shop on an ongoing basis, as well as to carry out and cancel all kinds of promotional actions and sales. The right referred to in the preceding sentence shall not affect orders placed before the effective date of the change in price, terms of promotional actions or sales, and they shall be implemented on the previous terms.

3.5 Promotions in the e-store shall not be combined, unless the terms and conditions of a particular promotion state otherwise.
3.6. Procedure for concluding a Sales Agreement in the e-Store by means of the Order Form 3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller shall take place after the Customer places an order in the e-Store in accordance with item. 2.1.2 of the Terms and Conditions.
3.3.2 Once the Order is placed, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an e-mail message to the e-mail address provided during order placement. It contains the Seller's statement of receipt of the order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing and making available to the Customer the content of the concluded Sales Agreement shall take place through (1) making these Terms and Conditions available on the website of the Online Store and (2) sending the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the computer system of the Seller's Online Store.


4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall allow the Customer the following methods of payment for the Sales Agreement:
- Cash-on-delivery payment upon receipt of shipment.
- Electronic payment and payment card payments through the Przelewy24 service
4.1.2. Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24 service. 
In the case of purchasing Products and ordering their shipment outside the borders of the Republic of Poland, as well as ordering Products of significant value, the e-Store reserves the right to require prepayment of the amount due for the placed order. The details of the overseas shipment will be arranged individually with the Seller's Customer Service contact@kovalite.com each time.

4.2 Payment term:

4.2.1. If the Customer chooses electronic payment or payment card payment, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.

4.2.2. If the Customer chooses cash on delivery, the Customer shall be obliged to make payment upon receipt of the shipment.


5. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

5.1 Delivery of the Product is available throughout the territory of the Republic of Poland. Shipping abroad is also possible - the prices for shipping abroad are determined individually.

5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated during the order placement, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.

5.3 The Seller provides the Customer with the following methods of delivery of the Product:
5.3.1 Courier delivery, cash on delivery.

5.4 The delivery time of an order is approximate and ranges from 1 to 5 Business Days, unless a different term is specified in the description of the Product or during the ordering process. The delivery time depends on the delivery agent, as the delivery time by the delivery agent is only declared and not guaranteed. In the case of Products with different delivery times, the binding term is the longest term given, which, however, cannot exceed 5 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:

5.4.1 In case the Customer chooses electronic or credit card payment method - from the date of crediting the Seller's billing account.

5.4.2 In case the Customer chooses the payment method on delivery - from the date of conclusion of the Sales Agreement.

5.4.3 . In case of absence of the Customer at the address indicated in the Order and at the delivery times selected by the Customer, the costs associated with the additional Delivery will be charged to the Customer. If the Customer is a consumer, the provision of this clause shall not apply in the case of fortuitous events or cases not caused by the consumer or for which the consumer is not responsible.


6. PRODUCT COMPLAINT BY THE CONSUMER

6.1 Goods offered in the Online Store are covered by the warranty of the manufacturer - the Seller. If the purchase is made by the Customer who is a consumer, regardless of the manufacturer's warranty, the consumer in the event of non-conformity of the goods with the contract shall have the rights specified in the provisions of the Law on Consumer Rights.

6.2 According to the provisions of the Law on Consumer Rights, applicable only to the Customer who is a consumer, the goods are in accordance with the contract if, in particular, their:

1) description, type, quantity, quality, completeness and functionality, and for goods with digital elements - also compatibility, interoperability and availability of updates;
2) suitability for the specific purpose for which it is needed by the consumer, which the consumer notified the trader at the latest at the time of the conclusion of the contract and which the trader accepted.
6.2.1 In addition, in order to be considered in conformity with the contract, the goods must:

1) be suitable for the purposes for which goods of that kind are normally used, taking into account applicable laws, technical standards or good practices;
2) appear in such quantity and have such characteristics, including durability and safety, and, with respect to goods with digital elements, also functionality and compatibility, as are typical for goods of that kind and which the consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the trader, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the trader demonstrates that:

a) he did not know about the public assurance in question and, judging reasonably, could not have known about it,
b) before the conclusion of the contract the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner,
c) the public assurance did not influence the consumer's decision to conclude the contract;
3) be delivered with packaging, accessories and instructions that the consumer can reasonably expect to be provided;
4) be of the same quality as the sample or design that the trader made available to the consumer before the conclusion of the contract, and correspond to the description of such sample or design.

The trader shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in Section 6.2.1 of the Regulations if the consumer, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the goods deviates from the requirements for conformity with the contract specified in Section 6.2.1, and expressly and separately accepted the lack of a specific feature of the goods.

6.3 Detailed information on the Seller's liability for non-conformity of the Product with the contract and the Consumer's rights are specified on the Online Shop's website in the “Customer Service - complaint of goods” tab. Before collecting the package from the courier, the Consumer should check whether the packaging has not been damaged in transit. In particular, pay attention to the condition of the tapes (they should be intact) pasted on the parcel. If the packaging of the shipment bears signs of damage or if the tapes are torn, do not accept the shipment and in the presence of the courier open it and possibly draw up a damage protocol and contact the Seller as soon as possible to clarify the matter.

6.4 Complaints should be submitted :
- in writing to the address: Czereśniowa 12 Street; 80-126 Gdańsk;
- or in electronic form via e-mail to: contact@kovalite.com;
6.5. It is recommended that the Consumer 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) requests for the method of bringing the Product into conformity with the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements listed above have only an auxiliary function, they do not affect the effectiveness of a complaint submitted with the omission of the recommended description of the complaint.

6.6 The Seller shall respond to the Consumer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the aforementioned period means, recognition of the complaint as justified.

6.7 The Seller shall be liable to the Consumer for the lack of conformity of the goods to the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the entrepreneur, his legal predecessors or persons acting on their behalf, is longer. The lack of conformity of the goods with the contract, which became apparent before the expiration of two years from the time of delivery of the goods, is presumed to have existed at the time of delivery, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract. The seller may not rely on the expiration of the 2 - year time limit for determining the non-conformity of the goods with the contract, if he has deceitfully concealed this lack.

6.8 If the goods are inconsistent with the contract, the consumer may demand their repair or replacement.

6.8.1 The seller may make a replacement when the consumer demands a repair, or the seller may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the seller. If repair and replacement are impossible or would require excessive costs for the seller, the seller may refuse to bring the goods into conformity with the contract.
When assessing the excessive cost to the trader, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the consumer caused by the change in the manner of bringing the goods into conformity with the contract.
6.8.2 The seller shall repair or replace within a reasonable time from the moment the entrepreneur was informed by the consumer of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the seller.
The consumer shall make the goods subject to repair or replacement available to the entrepreneur. The trader shall collect the goods from the consumer at his expense.

If the goods have been assembled before the non-conformity of the goods with the contract became apparent, the trader shall disassemble the goods and reassemble them after repair or replacement, or have these operations performed at his expense. The consumer is not obliged to pay for the usual use of the goods, which were subsequently replaced.

6.9 If the goods are not in conformity with the contract, the consumer may make a statement to reduce the price or withdraw from the contract when:

1) the trader has refused to bring the goods into conformity with the contract in accordance with Section 6.8.1.of the Regulations;
2) the trader has failed to bring the goods into conformity with the contract in accordance with Section 6.8.2 of the Regulations;
3) the lack of conformity of the goods with the contract continues, despite the fact that the trader has tried to bring the goods into conformity with the contract;
4) the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first resorting to the protections set forth in Sections 6. 9.1 and 6.9.2 of the Regulations;
5) it is clear from the trader's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer;

The reduced price must remain in such proportion to the contract price as the value of the non-conforming goods remains to the value of the conforming goods.

The entrepreneur shall return to the consumer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the consumer's statement on price reduction.

The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. The lack of conformity of the goods with the contract is presumed to be material.

If the lack of conformity applies only to some of the goods delivered under the contract, the consumer may withdraw from the contract only with respect to those goods, as well as with respect to other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.

In the event of withdrawal from the contract, the consumer shall immediately return the goods to the entrepreneur at his expense. The trader shall return the price to the consumer immediately, no later than within 14 days of receipt of the goods or proof of their return.

The trader shall refund the price using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him.


7. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES

7.1 Information on the possibility of using out-of-court methods of dealing with complaints and pursuing claims by the Customer who is a consumer, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2 A customer who is a consumer shall have the following options for using out-of-court means of handling complaints and pursuing claims:

7.2.1 The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001 No. 4 item 25 as amended) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice dated September 25, 2001 on defining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, No. 113, item 1214).

7.2.2. The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for amicable settlement of a dispute between the Customer and the Seller. Information on the rules and procedures of mediation procedure conducted by the provincial inspector of the Trade Inspection is available in the offices and on the websites of the individual provincial inspectorates of the Trade Inspection.

7.2.3. The Customer has the opportunity to obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.


8. RIGHT OF WITHDRAWAL

8.1 A consumer who has concluded a remote contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in item. 8.8. of the Regulations. To meet the deadline it is sufficient to send an appropriate statement before its expiration.

8.1.1 The statement of withdrawal from the contract may be submitted:
- in writing to the address: Czereśniowa 12 Street; 80-126 Gdańsk; - in electronic form via e-mail to: contact@kovalite.com
8.2 A model form of withdrawal from the contract is included in Appendix No. 2 to the Consumer Rights Act and is available on the website of the Online Shop in the “Customer Service - withdrawal from the contract” tab. The consumer may use the sample form, but it is not mandatory.

8.3 The period for withdrawal from the contract begins:

1) for a contract in the performance of which the trader delivers the goods, being obliged to transfer their ownership - from taking possession of the goods by the consumer or a third party other than the carrier designated by the consumer, and in the case of a contract that:
a) includes multiple goods that are delivered separately, in batches or in parts - from taking possession of the last good, its batch or part, b) consists in the regular delivery of goods for a fixed period - from taking possession of the first of the goods;
2) for other contracts - from the date of conclusion of the contract.

8.4 At the time of withdrawal from a contract concluded at a distance, the contract is considered not concluded.

8.5 The seller is obliged to immediately, no later than 14 days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivering the item. If the consumer has chosen a method of delivery of the item other than the cheapest ordinary method of delivery offered by the trader, the trader is not obliged to reimburse the consumer for the additional costs incurred by him.
The seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the seller has not offered to collect the goods from the consumer itself, it may withhold the refund of payments received from the consumer until it receives the goods back or the consumer provides proof of their return, whichever event occurs first.
The consumer is obliged to return the goods to the trader or give them to a person authorized by the trader to collect them immediately, but no later than 14 days from the day on which he withdrew from the contract, unless the trader offered to collect the goods himself. To meet the deadline it is sufficient to return the Product before its expiration.
The consumer may return the Product to the address: Czereśniowa 12 Street; 80-126 Gdańsk.

The Consumer shall bear only the direct costs of returning the item.
8.7 The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1 If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available on the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 The consumer shall bear the direct costs of returning the Product.

8.9. The right of withdrawal from a contract concluded remotely does not apply to the consumer with respect to contracts:

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance by the Seller he will lose the right to withdraw from the contract; (2) 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 expiry of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated good, produced to the consumer's specifications or serving to meet his individualized needs (4) in which the subject of the performance is a perishable good or having a short shelf life; (5) in which the subject of the performance is goods delivered in sealed packaging which, once opened, cannot be returned for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which, after delivery, due to their nature, are inseparably combined with other things;(7) in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.


9. PROVISIONS CONCERNING ENTREPRENEURS

9.1 This section of the Terms and Conditions and the provisions contained herein apply to Customers and Service Recipients who are not consumers.

9.2 The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement may take place without providing a specific reason.
9.3 In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4 As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the non-consumer Customer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for any delay in the transportation of the shipment.
9.5 If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to check the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during shipment, he is obliged to perform the actions necessary to determine the liability of the carrier.

9.6 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to the Customer who is not a consumer is excluded.

9.7 In the case of the Customer who is not a consumer, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating a specific reason by sending the appropriate statement to the Customer.

9.8 The Service Provider/Seller's liability to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited both in terms of a single claim, as well as for all claims in total to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.

9.9 Any disputes arising between the Vendor/Service Provider and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. FINAL PROVISIONS

10.1 Contracts concluded through the Online Store shall be concluded in the Polish language.

10.2 Change of Terms and Conditions:

10.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in the law; changes in payment and delivery methods to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Account Services), the amended Terms and Conditions shall be binding upon the Customer if the requirements set forth in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions would result in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3 In the case of conclusion of contracts other than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations shall in no way affect the acquired rights of Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations shall not affect any Orders already placed or placed, or Sales Agreements concluded, executed or performed.

10.3 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.

10.3 Product descriptions and images are taken from the database owned by Kovalite Ltd. Any commercial use of product information derived from the database of Kovalite sp. z o.o. without the consent of the owner is prohibited.

10.4 Settlement of any disputes arising between the Seller and the Customer, who is a Consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

10.5 Settlement of any disputes arising between the Seller. and the Customer, who is not a Consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the competent court for the seat of Kovalite sp. z o.o.

10.6 In matters not covered by these Terms and Conditions, the provisions of generally applicable law, in particular the Civil Code and the provisions of the Law on Consumer Rights shall apply.


11. TAX DOCUMENTATION OF PURCHASES MADE

11.1 The Seller shall issue fiscal receipts or VAT invoices for all goods ordered from the e-store.

11.2 Pursuant to the Act of March 11, 2004 on tax on goods and services (Journal of Laws No. 54 item 535 as amended) and the Ordinance of the Minister of Finance of March 28, 2011 on reimbursement of tax to certain taxpayers, issuance of invoices, the manner of their storage and the list of goods and services to which exemptions from tax on goods and services are not applicable (Journal of Laws No. 68 item 360), the customer's signature - as the buyer of goods - is not a mandatory element of the VAT invoice content.The Customer shall receive the original VAT invoice signed only by the Seller.

11.3.If the Buyer who is an individual places an order or makes a purchase using the details of his business activity (e.g., with the name/company), it will be presumed that the purchase is made by him in connection with such activity and the VAT invoice will be issued to the buyer as an entrepreneur.

11.4 In accordance with the Ordinance of the Minister of Finance of December 17, 2010 on sending invoices in electronic form, the rules of their storage and the procedure for making them available to a tax authority or tax inspection authority (Journal of Laws No. 249, item 1661), the Buyer accepts the issuance and sending of invoices in electronic form to the e-mail address provided during the registration of a new user at www.kovalite.com. The moment of receipt of the invoice by the Buyer is considered to be the moment of opening the electronic correspondence with the attached invoice (verified by electronic confirmation of receipt).

11.5 If the Customer wishes to be issued a VAT invoice, he/she should provide his/her Tax Identification Number when placing an order.