Terms of service

§1
GENERAL PROVISIONS
  1. The prekiosk.com store   operates under the principles set out in these Terms and Conditions.
  2. These Terms and Conditions specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the  prekiosk.com Store , the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of services electronically.
  3. Each Service Recipient is obliged to comply with the provisions of these Terms and Conditions upon taking steps to use the Electronic Services of the  prekiosk.com Store. 
  4. In matters not regulated in these Terms and Conditions, the following provisions shall apply:
    1. Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended),
    2. Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827),
    3. Act on out-of-court resolution of consumer disputes of 23 September 2016 (Journal of Laws of 2016, item 1823),
    4. The Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
§2
DEFINITIONS INCLUDED IN THE REGULATIONS
  1. ORDER FORM  – a form available on the website  prekiosk.com enabling the placement of an Order. 
  2. CUSTOMER  – Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  3. CONSUMER  – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
  4. PRODUCT  – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
  5. REGULATIONS  – these regulations of the Store.
  6. SHOP  – The Service Provider's online store operating at  prekiosk.com
  7. SELLER ,  SERVICE PROVIDER  – HypeGroup Spółka z ograniczoną odpowiedzialnością, place of business: ul. Koszykowa 20, 00-555 Warsaw, service address: ul. Koszykowa 20, 00-555 Warsaw, NIP: 5961759852, KRS: 0000756358, e-mail address:  warszawa@highkiosk.com
  8. SALES AGREEMENT  – Product Sales Agreement concluded between the Customer and the Seller via the Store. 
  9. ELECTRONIC SERVICE  – a service provided electronically by the Service Provider to the Service Recipient via the Store. 
  10. SERVICE USER  – a natural person, legal person or organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.
  11. ORDER  – a declaration of will of the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
§3
INFORMATION ABOUT PRODUCTS AND ORDERING THEM
  1. The prekiosk.com store  sells Products via the Internet, exclusively to Consumers. 
  2. The products offered in the Store are new, free from physical and legal defects, and have been legally introduced to the Polish market. The rental offer is an exception to the rule of brand-new products. Their presence in the Store is subject to authenticity verification and quality control. Any possible product defects are presented in the main offer view. The information on the Store's websites does not constitute an offer within the meaning of law. By placing an Order, the Customer is making an offer to purchase a specific Product under the terms specified in its description.
  3. The Product price displayed on the Store's website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include shipping costs.
  4. The Product price displayed on the Store's website is binding at the time the Customer places an Order. This price will not change regardless of any price changes in the Store that may occur for individual Products after the Customer places an Order.
  5. Orders can be placed via the website using the Order Form (  prekiosk.com Store ) – 24 hours a day, all year round.
  6. In order to place an Order, the Customer is required to register an Account in the Store.
  7. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
§4
CONCLUSION OF THE SALES AGREEMENT
  1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller, in accordance with § 3 points 6 and 8 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt.
  3. Confirmation of receipt of the Order referred to in point 2 of this paragraph binds the Customer to their Order. Confirmation of receipt of the Order is sent via email.
  4. Confirmation of receipt of the Order includes:
    1. confirmation of all essential elements of the Order,
    2. withdrawal form,
    3. these Terms and Conditions containing information on the right to withdraw from the contract.
  5. Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
  6. Each Sales Agreement will be confirmed by proof of purchase (receipt), which will be attached to the Product.
§5
PAYMENT METHODS
  1. The Seller provides the following payment methods:
    1. payment via electronic payment system (Przelewy24), the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, Tax Identification Number (NIP) 7792369887, Regon 301345068.
  2. When paying via an electronic payment system, the Customer must make payment before the Order begins processing. The electronic payment system allows for payment by credit card or quick transfer from selected Polish banks.
  3. The Customer is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
  4. The product will only be shipped after payment has been received.
§6
COST, DATE AND METHODS OF PRODUCT DELIVERY
  1. The Product delivery costs covered by the Customer are determined during the Order placement process and depend on the choice of payment method and delivery method of the purchased Product.
  2. The delivery time of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
    1. The Product completion time is counted from the moment the funds paid under the Sales Agreement are credited to the Seller's account, or from the moment of positive payment authorization in the case of payments via an electronic payment system. The exact order fulfillment time is indicated on the product card and assigned to the specific size. Orders are fulfilled within a time frame of 1 to 14 business days.
    2. Delivery of Products constituting movable items by the carrier takes place within the time declared by the carrier, i.e. from 1 to 2 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
  3. The available destination countries, delivery options and shipping charges are shown before you place your order, after you enter your delivery address.
§7
PRODUCT COMPLAINT
  1. Warranty claim.
    1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer under the warranty covering physical and legal defects are specified in the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
    2. Notifications about defects related to the Product and submission of an appropriate request can be made via e-mail to the following address:  warszawa@highkiosk.com  or in writing to the following address:  ul. Koszykowa 20, 00-555 Warsaw
    3. In the above-mentioned written or electronic message, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity, and contact details. This information will significantly facilitate and expedite the Seller's processing of the complaint.
    4. To assess the physical defects of the Product, it should be delivered to the following address:  ul. Koszykowa 20, 00-555 Warsaw
    5. The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.
    6. In the case of a complaint from a Customer who is a Consumer, failure to process the complaint within 14 days of its submission constitutes acceptance. In connection with a justified complaint from a Customer who is a Consumer, the Seller covers the costs of collection, delivery, and replacement of the Product with a defect-free one.
    7. The response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§8
RIGHT OF WITHDRAWAL FROM THE CONTRACT
  1. Subject to point 10  of this section, a Customer who is also a Consumer who has entered into a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days. To meet this deadline, it is sufficient to send the declaration of withdrawal provided by the Store.
  2. In the event of withdrawal from the contract, the Sales Agreement is deemed null and void, and the Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry.
  3. In the event of withdrawal from the Sales Agreement, the Product must be returned to the following address:  ul. Koszykowa 20, 00-555 Warsaw
  4. The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product. To establish the nature, characteristics, and functioning of the Products, the Consumer should only handle and inspect the Products in the same manner as they would in a brick-and-mortar store.
  5. Subject to points 6 and 8 of this section, the Seller will refund the value of the Product, including delivery costs, using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them. Subject to point 7 of this section, the refund will be made immediately, and no later than 14 days from the Seller's receipt of the declaration of withdrawal from the Sales Agreement.
  6. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
  7. If the Seller has not offered to collect the Product from the Consumer, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, whichever occurs first.
  8. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
  9. The fourteen-day period within which the Consumer may withdraw from the contract is counted from the day on which the Consumer took possession of the Product and, in the case of a service, from the day of conclusion of the contract.
  10. The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Contract:
    1. in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs,
    2. where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons if the package was opened after delivery,
    3. in which the subject of the performance are things which, due to their nature, after delivery are inseparably connected with other things,
    4. in which the subject of the provision is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, he will lose the right to withdraw from the contract.
  11. Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to fulfill its obligation within a strictly specified period.
§9
TYPE AND SCOPE OF ELECTRONIC SERVICES
  1. The Service Provider enables the use of Electronic Services via the Store, such as:
    1. concluding Product Sales Agreements,
    2. maintaining an Account in the Store.
  2. The provision of Electronic Services to Service Users in the Store takes place under the terms and conditions specified in the Regulations.
  3. The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
§10
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
  1. The provision of Electronic Services specified in §9 point 1 of the Regulations by the Service Provider is free of charge.
  2. The period for which the contract is concluded:
    1. the contract for the provision of Electronic Services consisting in enabling the placement of an Order in the Store is concluded for a fixed period and is terminated when the Order is placed or when the Service User ceases to place it.
    2. the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
  3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    1. a computer (or mobile device) with Internet access,
    2. access to e-mail,
    3. web browser,
    4. enabling Cookies and Javascript in your web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, with respect for the personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data consistent with the actual state of affairs.
  6. The Service User is prohibited from providing illegal content.
§11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
  1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service User via e-mail to the following address:  warszawa@highkiosk.com
  2. In the above email, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity, and your contact details. This information will significantly facilitate and expedite the Service Provider's handling of the complaint.
  3. The complaint will be considered by the Service Provider immediately, no later than within 14 days from the date of submission.
  4. The Service Provider's response to the complaint is sent to the Service User's e-mail address provided in the complaint or in another manner specified by the Service User.
§12
CONDITIONS FOR TERMINATING CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
  1. Termination of the contract for the provision of Electronic Services:
    1. A contract for the provision of Electronic Services of a continuous and indefinite nature (Account maintenance) may be terminated.
    2. The Service Recipient may terminate the contract with immediate effect and without giving reasons by sending an appropriate declaration via e-mail to the following address:  warszawa@highkiosk.com .
    3. The Service Provider may terminate a contract for the provision of Electronic Services for a continuous and indefinite period if the Service User violates the Terms and Conditions, in particular by providing illegal content after an ineffective prior notice to cease and desist, specifying an appropriate deadline. In such a case, the contract expires after 7 days from the date of submission of the declaration of intent to terminate it (notice period).
    4. Termination leads to the termination of the legal relationship with effect for the future.
  2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by mutual agreement of the parties.
§13
INTELLECTUAL PROPERTY
  1. All content posted on the website at  prekiosk.com  is protected by copyright and is the property of HypeGroup Spółka z ograniczoną odpowiedzialnością, place of business: ul. Koszykowa 20, 00-555 Warsaw, service address: ul. Koszykowa 20, 00-555 Warsaw, NIP: 5961759852, KRS: 0000756358. The Service User is fully liable for any damage caused to the Service Provider resulting from the use of any content of the  prekiosk.com website without the Service Provider's consent.
  2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements constituting the content of the  prekiosk.com website constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability. 
§14
FINAL PROVISIONS
  1. Contracts concluded through the Store are concluded in accordance with Polish law.
  2. In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Regulations.
  3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of resolving the dispute amicably, in accordance with the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this section.
  4. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
  5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting a request for mediation or an arbitration court after the complaint procedure has been completed (the application can be downloaded from http://www.uokik.gov.pl/download.php?plik=6223  ) . A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at  http://www.uokik.gov.pl/wazne_ adresy.php#faq596 . A Consumer may also seek free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory responsibilities include consumer protection. Out-of-court redress after the complaint procedure is completed is free of charge.