GENERAL TERMS AND CONDITIONS OF THE ONLINE SHOP
support@skafhome.com
The online shop, available at www.skaf.co.uk, is operated by a business operating under the unregistered name SKAF Dawid Tarasiuk NIP:5423483304 and has its main business address at: ul. Zagumienna 10/37, 15-866 Białystok, Email: support@skafhome.com, hereinafter referred to as the Seller.
The general terms and conditions of the online shop available at www.skaf.co.uk set out the terms and rules for using the online shop as well as the manner of electronic services provided by the Seller and the conclusion of sales contracts via the online shop, including the rights and obligations of the Seller and the customer, withdrawal procedures from the contract and complaint procedures.
The online shop www.skaf.co.uk respects the rights of the consumer. The consumer cannot waive the rights granted to them by the law of 30 May 2014 on consumer rights (Dz. U. Pos. 827, with subsequent amendments). Terms of the regulations less favourable to the consumer than the provisions of the law are invalid, and in their place the statutory provisions apply. Therefore, the provisions of the regulations should not be used to exclude or limit any rights of the consumer granted by mandatory statutory provisions, and all doubts should be interpreted in favour of the consumer. In the event of any inconsistency of the provisions of the regulations with the aforementioned statutory provisions, the statutory provisions shall take precedence and apply.
Table of Contents:
§ 1 Definitions
§ 2 General Provisions
§ 3 Electronic Services in the Online Shop
§ 4 Purchase Agreement
§ 5 Payment Methods and Deadlines
§ 6 Order Fulfillment and Delivery
§ 7 Complaints of the Goods
§ 8 Right to Withdraw from the Contract
§ 9 Provisions for Entrepreneurs
§ 10 Out-of-Court Dispute Resolution Procedures
§ 11 Final Provisions
Annex No. 1 Model Withdrawal Form from the Contract
§ 1
Definitions
Working Day - a day from Monday to Friday, excluding public holidays.
Order Form - An electronic service, an interactive form in the online shop that allows placing an order, especially by adding goods to the electronic shopping cart and setting the terms of the purchase agreement with the Seller.
Customer:
a) a natural person with full legal capacity and in legally provided cases also a natural person with limited legal capacity,
b) a legal person,
c) an organisational unit without legal personality, to which the law grants legal capacity - who has concluded or intends to conclude a purchase agreement with the Seller, as well as who uses or intends to use the service or electronic service.
Civil Code - Act of 23 April 1964 - Civil Code (GBl. 1964 No. 16, Pos. 93, with subsequent amendments), hereinafter also referred to as BGB.
Consumer - a natural person who performs a legal action with an entrepreneur that is not directly related to their business or professional activity.
Newsletter - An electronic service provided by the Seller via email, allowing all customers who use it to receive regular free information electronically, including news and promotions.
Entrepreneur - a natural person, legal person, or organisational unit without legal personality to which the law grants legal capacity, who operates commercially or professionally under its own name.
Terms and Conditions - the terms and conditions of the online shop, available at www.skaf.co.uk
Online Shop - the online shop of the Seller, available at www.skaf.co.uk.
Seller - unregistered activity under the name SKAF Dawid Tarasiuk NIP:5423483304 with the main business address: ul. Zagumienna 10/37, 15-866 Białystok, Email: support@skafhome.com
Goods/Product - movable items in the online shop that are the subject of a purchase agreement between the customer and the Seller.
Purchase Agreement - a purchase agreement for goods concluded remotely between the customer and the Seller via the online shop or concluded.
Distance Contract - a contract concluded between the Seller and the consumer within a system organized for concluding contracts remotely without the simultaneous physical presence of the parties, solely using one or more means of remote communication until the conclusion of the contract.
Electronic Service - a service provided electronically by the Seller to the customer via the online shop.
Consumer Rights Act - Act of 30 May 2014 on consumer rights (GBl. 2014 Pos. 827, with subsequent amendments), hereinafter referred to as the Consumer Rights Act.
Order - the declaration of the customer's will submitted via the online shop using the order form, by email, or by phone, to conclude a purchase agreement for goods with the Seller, including the terms of the contract, as well as the type and quantity of goods, delivery method and costs, payment method, and the necessary customer data for the contract to be processed.
§ 2
General Provisions
1. The terms and conditions are continuously available on the website www.skaf.co.uk so that any user can retrieve, display, and save them at any time by printing or storing them on a data carrier.
The terms and conditions apply to both consumers and entrepreneurs using the online store, unless a specific provision of the terms and conditions is expressly directed only at consumers or only at entrepreneurs.
The responsible party for processing personal data related to the execution of the terms and conditions is the seller. The personal data will be processed for the purposes, to the extent, and according to the principles specified in the privacy policy published on the online store page www.skaf.co.uk.
The seller declares that it adheres to all regulations for protecting the personal data of customers set forth in the Act of August 29, 1997, on the Protection of Personal Data (Journal of Laws No. 133, Item 883, with later amendments).
Providing personal data is voluntary. Any person whose personal data is processed by the seller has the right to view it as well as update and correct it.
The customer consents to the collection, storage, and processing of personal data by the seller directly related to the execution of the service or product ordered in the online store. The detailed conditions for collecting, processing, and protecting personal data by the seller are specified in the privacy policy of the online store.
The customer is required to use the online store and the services offered through it in accordance with the laws of the Republic of Poland, the provisions of the terms and conditions, the principles of social coexistence, and with consideration for the protection of personal rights and the intellectual property of the seller and third parties. It is prohibited for the user or customer to provide unlawful content.
All information about the goods and services offered by the seller through the online store (including descriptions, prices of goods) listed on the website of the shop www.skaf.co.uk do not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract under Art. 71 of the Civil Code. Using the online store www.skaf.co.uk means any action by the customer aiming to familiarize themselves with all contents published on the website of the online store.
§ 3
Electronic Services in the Online Store
1. The following electronic services are available in the online store: order form and newsletter.
2. Order Form - The use of the order form begins when the customer places the first product in the electronic shopping cart in the online store. The order is completed after the customer completes two consecutive steps: (1) filling out the order form and (2) clicking on the "Order with Obligation to Pay" or "Order and Pay" button on the online store's page after filling out the order form – up to this point, there is the possibility to independently change the entered data (this is done by following the displayed messages and information on the online store's page). In the order form, the customer must provide the following data: first and last name/business name, address (street, house number/flat number, postal code, city), email address, telephone number, as well as details of the purchase contract: product(s), quantity of products, place and type of delivery of the products, payment method. For customers who are not consumers, it is also necessary to provide the company name and tax identification number.
3. The electronic service of the order form is provided free of charge and once only and ends with the submission of the order through this form or with the previous cancellation of the order by the customer.
4. Newsletter service:
a) The contract for providing the electronic newsletter service is concluded for an indefinite period and ends when the customer expresses the wish to remove their email address from the newsletter subscription or unsubscribes via a link in each message sent within the newsletter service.
b) The customer has the option to receive commercial information from the seller (e.g., about news, promotions) in the form of messages sent to the email address provided by the customer.
c) The use of the newsletter service is possible after a valid email address has been provided.
d) The customer can at any time withdraw their consent to receive messages via the newsletter service by sending a request to the seller to remove their email address from the newsletter subscription, especially via email to: support@skafhome.com or in writing to the address: ul. Zagumienna 10/37, 15-866 Białystok.
e) The newsletter will only be sent to those who have subscribed.
5. The electronic newsletter service is provided free of charge and indefinitely. The service recipient has the right to unsubscribe from the newsletter at any time without giving reasons (terminate the newsletter) by sending a relevant request to the seller, especially via email to: support@skafhome.com or in writing to the address: ul. Zagumienna 10/37, 15-866 Białystok.
6. The use of the online store is possible on the condition that the telecommunications system used by the customer meets the following minimum requirements:
a) A computer, laptop, or other multimedia device with internet access,
b) Access to email,
c) An internet browser that supports cookies,
d) JavaScript enabled in the internet browser.
7. The customer bears the costs associated with internet access and data transmission according to the tariff of their internet service provider. The customer is obliged to use the online store in a manner compliant with the law and good manners, with consideration for the protection of personal rights as well as the intellectual property and proprietary rights of the seller and third parties. The customer is obliged to provide correct and truthful data. The customer is prohibited from providing unlawful content.
8. Complaint procedure:
a) The customer has the right to file a complaint in the event of non-performance or defective performance of the electronic service by the seller according to the rules specified in the terms and conditions.
b) Complaints regarding the provision of electronic services by the seller and other complaints related to the operation of the online store (excluding those related to goods complaints described in § 7 of the terms and conditions) may be submitted by the customer, in particular, in writing to the address: ul. Zagumienna 10/37, 15-866 Białystok, or via email to the seller's address: support@skafhome.com.
c) It is recommended that the customer include the following information in the complaint (this helps the seller process the complaint and accelerates the complaint process): the circumstances related to the subject of the complaint and the occurrence of possible defects, such as the type and date of the defect, the customer's request, contact details of the person submitting the complaint/the customer. These recommendations are not mandatory and do not affect the effectiveness of processing the complaint.
d) The seller will respond promptly, no later than within 14 calendar days from the date of receipt of the complaint.
9. The right to withdraw from the contract for the provision of electronic services applies to the customer who is a consumer according to the rules specified in the terms and conditions.
10. The seller reserves the right to terminate the contract for the provision of continuous and indefinite electronic services, observing a termination notice period of 7 days, if the customer violates the terms and conditions.
§ 4
Purchase Agreement
1. The conclusion of a purchase agreement between the customer and the seller occurs after the customer places an order through the order form on the online shop or electronically by sending an order to the email address: support@skafhome.com or by phone to the number provided on the shop's website.
2. A prerequisite for placing an order is the presence of an active email account and a phone number.
3. The price of the product, as displayed on the online shop's page, is stated in Polish Zloty and includes taxes. The total price including taxes for the ordered product, as well as the delivery costs (including transportation, delivery, and postal fees) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, the customer will be informed on the pages of the online shop during the ordering process, including at the time of the customer's declaration of intent to enter into a purchase agreement.
4. After placing the order, the seller promptly confirms its receipt and accepts the order for execution. The confirmation of the order's receipt and its acceptance for execution is done by sending an appropriate email from the seller to the customer at the email address provided during the ordering process, which should include at least the seller's declaration of acceptance of the order for execution, the quantity and type of ordered goods, the total price including delivery costs, and the amount of any discounts offered (if applicable). With the dispatch of the above email, a purchase agreement between the customer and the seller is concluded.
5. The securing, protection, provision, and confirmation of the content of the concluded purchase agreement (its essential provisions) to the customer occurs by providing the terms and conditions on the pages of the online shop as well as by sending an email to the customer’s email address as mentioned in point 4 above. The content of the concluded purchase agreement is additionally secured and protected in the information system of the seller's online shop.
§ 5
Payment Methods and Deadlines
The seller offers the customer payment methods currently available on the pages of the online shop.
§ 6
Order Processing and Delivery
1. The delivery of the goods is available within Poland and is made to the address specified by the customer during the ordering process.
2. The delivery is subject to the provisions of transport law (Journal of Laws 1984 No. 53 Pos. 272 as amended).
3. The delivery of the goods to the customer is chargeable, unless the purchase agreement specifies otherwise. The delivery costs of the product (including transportation, delivery, and postal fees) as well as other costs are communicated to the customer on the pages of the online shop and during the ordering process, including at the time of the customer's declaration of intent to enter into a purchase agreement.
4. The seller offers the customer the following delivery options:
a) Courier service,
b) Cash on delivery courier service.
5. The delivery time of the product to the customer is up to 7 working days, unless a shorter period is specified in the description of the respective product or during the ordering process. For goods with different delivery times, the longest specified period applies. The start of the delivery period for the product to the customer is calculated as follows:
a) in the case of choosing payment by bank transfer, electronic payment, or credit card - from the day of crediting to the seller's bank or settlement account.
b) in the case of choosing cash on delivery payment - from the day of conclusion of the purchase agreement.
6. The order processing time – the period from the moment the seller accepts the order until the time the order is dispatched.
7. The delivery time of the order – the period from the moment the order is dispatched until the order is delivered to the customer.
8. The order processing time is indicated on the page in working days for each product.
9. Should special circumstances occur or the execution of the order not be possible within the specified period, the seller will promptly contact the customer to clarify the further course of action, including the determination of another date for order processing.
10. Should a cash on delivery order not be collected, the buyer shall bear the costs of its return.
11. As all documents sent to the customer during the order processing are stored in PDF format, the buyer should have access to a computer with internet access and a program for viewing PDF files to shop on the seller's online shop.
12. The customer receives the sales document in electronic form and it is made available for printing via a link in the email sent to the customer. At the customer's request, the sales document can be sent by post; for this, please provide information to the email address support@skafhome.com.
• If an email address is missing in the order, the sales document is attached to the package in paper form.
§ 7
Complaints of Goods
1. The basis and scope of the seller's liability towards the customer if the sold product has a physical or legal defect (warranty) are specified by generally applicable legal regulations, especially in the Civil Code (particularly in Articles 556-576 of the Civil Code).
2. The seller is obliged to deliver a defect-free product to the customer. Detailed information about the seller's liability for a product defect and the customer's rights are available on the online shop's information page regarding complaints.
3. A complaint can be submitted by the customer, for example:
a) in writing to the address: ul. Zagumienna 10/37, 15-866 Białystok;
b) in electronic form via email to: support@skafhome.com;
4. It is recommended that the customer provides the following information in the complaint description:
a) Order number
b) Information and circumstances regarding the object of the complaint, especially the type and date of occurrence of the defect;
c) Request for the adjustment of the product to the purchase agreement or declaration for a price reduction or withdrawal from the purchase agreement;
d) Contact details of the person submitting the complaint.
5. This facilitates and speeds up the handling of the complaint by the seller. The requirements in the previous paragraph are only recommendations and do not affect the effectiveness of the complaint processing submitted without the recommended description.
6. The seller responds promptly to the customer's complaint, but not later than within 14 calendar days from the date of its submission. If the seller does not respond within 14 calendar days to the complaint request, the complaint request is considered justified.
7. The customer, who exercises their warranty rights, should send the defective product at the seller's expense to the address ul. Zagumienna 10/37, 15-866 Białystok, unless the buyer was informed by the shop about a complaint handling method that does not require the delivery of the goods to the shop. In the case of a consumer customer, the seller bears the costs of the delivery of the product; in the case of a non-consumer customer, the customer bears the delivery costs.
8. The consumer loses their rights arising from the warranty two years after the delivery of the goods.
9. In the case of an unjustified complaint, the buyer bears all costs associated with the complaint.
10. Pursuant to Art. 560 § 4 of the Civil Code of 23 April 1964 (GBl. 2019.0.1145, as amended later), the buyer cannot withdraw from the contract if the defect is minor.
11. All doubts related to complaints can be clarified at support@skafhome.com
§ 8
Right to Withdraw from the Contract
(applicable to purchase contracts concluded since 25 December 2014)
1. A consumer who has concluded a distance contract may withdraw from this contract without giving any reason within 30 days. To observe the period, it is sufficient to send the statement before the end of the period. The withdrawal statement can, for example, be:
a) in writing to the address: ul. Zagumienna 10/37, 15-866 Białystok;
b) in electronic form via email to: support@skafhome.com;
2. A sample withdrawal form is included in Annex No. 2 of the Consumer Protection Act and additionally in Annex No. 1 to these Terms and Conditions. The consumer may use the form, but this is not mandatory.
3. The consumer bears the direct costs of returning the goods.
4. The period for withdrawal from the contract begins:
a) for a contract where the seller delivers the product and is obliged to transfer its ownership (e.g., a purchase contract) – from the moment the consumer or a third party designated by him, who is not the carrier, takes possession of the product, and in the case of a contract (1) covering several products, which are delivered separately, in parts or in pieces – from the moment the last product, part or piece is taken into possession or (2) covering the regular delivery of products over a specified period – from the moment the first product is taken into possession;
b) for other contracts – from the day of the conclusion of the contract.
5. In the case of withdrawal from a distance contract, the contract is considered as not concluded.
6. The seller is obliged to refund all payments made by the consumer, including the delivery costs of the product (except for additional costs resulting from the consumer choosing a method of delivery other than the cheapest standard delivery method available in the online shop), promptly, but not later than within 14 calendar days from the day on which the consumer's withdrawal statement has been received. The seller performs the refund using the same payment method as the consumer used, unless the consumer has expressly agreed to another method, which does not incur any costs for him. The seller may withhold the refund until he receives the goods or until the consumer provides proof of the return, whichever occurs earlier.
7. The seller withholds the refund until he receives the goods.
8. The consumer is obliged to return the goods promptly, but not later than within 14 calendar days from the day on which he withdrew from the contract. The consumer can send the goods to the address: ul. Zagumienna 10/37, 15-866 Białystok.
9. The consumer is liable for a reduction in the value of the product resulting from its use that goes beyond what is necessary to determine the nature, characteristics, and functioning of the product.
10. The seller does not accept packages sent by cash on delivery.
11. The right to withdraw from a distance contract does not apply to contracts:
a) (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 he would lose his right of withdrawal after the performance of the service by the seller; (2) for which the price or remuneration depends on fluctuations in the financial market that the seller cannot control and which may occur during the withdrawal period; (3) for the supply of non-prefabricated products made to the consumer's specifications or clearly personalized; (4) for the supply of products that may deteriorate or expire rapidly; (5) for the supply of sealed goods that are not suitable for return for health or hygiene reasons once the seal has been removed after delivery; (6) for the supply of goods that are, after delivery, inseparably mixed with other items due to their nature; (7) for the supply of alcoholic beverages whose price is agreed at the time of the contract but the delivery of which can only take place after 30 days and whose value depends on market fluctuations beyond the seller's control; (8) where the consumer explicitly requested the seller to visit him to perform urgent repairs or maintenance; if the seller provides additional services or delivers goods that are not necessary for the repairs or maintenance, the consumer retains the right of withdrawal in relation to the additional services or goods; (9) for the supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded at a public auction; (12) for the provision of accommodation services not intended for residential purposes, transport of goods, car rental, catering services, leisure services, entertainment, sport, or cultural events where the contract specifies a date or period for the provision of the service; (13) for the supply of digital content not supplied on a physical medium, where the performance has begun with the consumer's express consent before the end of the withdrawal period and after the seller has informed the consumer of the loss of their right of withdrawal.
§ 9
Provisions for Entrepreneurs
1. This section of the General Terms and Conditions and the provisions contained therein exclusively apply to customers and service recipients who are not consumers.
2. The Seller has the right to withdraw from a contract concluded with a non-consumer customer within 14 calendar days from the day of contract conclusion. In this case, withdrawal can be made without providing reasons and does not give rise to any claims of the non-consumer customer against the Seller.
3. In the case of non-consumer customers, the Seller has the right to limit available payment methods, including requiring full or partial advance payment irrespective of the payment method chosen by the customer and the conclusion of the purchase contract.
4. Once the Seller hands over the product to the carrier, the benefits and burdens associated with the product, as well as the risk of accidental loss or damage to the product, pass to the non-consumer customer. In this case, the Seller is not liable for loss, defect, or damage to the product arising from the moment it is handed over to the carrier until it is delivered to the customer, as well as for delays in the transport of the consignment.
5. If a product is sent via a carrier to a non-consumer customer, the recipient is obliged to inspect the consignment in a timely manner and in a manner customary for such consignments. If a loss or damage to the product occurs during transport, he must take all necessary steps to establish the carrier's liability.
6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability towards a non-consumer customer from the warranty for the product is excluded.
7. In the case of service recipients who are not consumers, the service provider may terminate the contract for the provision of electronic services immediately and without giving reasons by sending the service recipient a corresponding statement.
8. The Seller’s liability towards an entrepreneur, regardless of the legal basis, is limited to a total amount of one thousand Zloty for any single claim and for all claims in total. In this case, the Seller’s liability for lost profits of the entrepreneur is fully excluded.
9. All disputes between the Seller/service provider and the customer/service recipient who is not a consumer shall be submitted to the court competent for the Seller’s/service provider’s seat.
§ 10
Out-of-court Dispute Resolution
1. Consumers have the right to use out-of-court dispute resolution procedures.
2. Detailed information about the possibilities available to consumers for out-of-court dispute resolution can be found in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, provincial inspectorates of trade inspection, and on the websites of the Office of Competition and Consumer Protection.
3. The parties seek amicable resolution of disputes arising from the contract. If such a settlement is not achieved within 30 days of receiving notification from the other party, the dispute is subject to the decision of the court competent for the Seller's seat.
§ 11
Final Provisions
1. Contracts concluded through the online shop are concluded in Polish.
2. The graphical design, photos, contents, and descriptions of the products presented on the online shop’s website at https://www.skafmobel.de are the property of the online shop and may not be modified, copied, or distributed without the Seller's consent.
3. The shop points out that due to individual settings of the customer's devices, such as computers, phones, or tablets, there may be deviations in the features of the goods (color, proportions, etc.). In materials with uneven colors, e.g., wood imitations, the pattern or grain of the goods may differ from what is presented in the photos. The tolerance of product dimensions may be up to 5 mm.
4. Change of GTC: The service provider reserves the right to amend the GTC for important reasons, i.e., due to changes in legislation; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these GTC.
5. In matters not regulated by these GTC, the relevant provisions of Polish law shall apply, especially: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Dz.U. 2002 No. 144, Pos. 1204 with amendments); for sales contracts concluded until December 24, 2014 with consumers - the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Dz.U. 2000 No. 22, Pos. 271 with amendments) and the Act on Specific Conditions of Consumer Sale and Amendment of the Civil Code of July 27, 2002 (Dz.U. 2002 No. 141, Pos. 1176 with amendments); for sales contracts concluded from December 25, 2014 with consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Dz.U. 2014 Pos. 827 with amendments); as well as other relevant provisions of generally applicable law.
SKAF Dawid Tarasiuk
support@skafhome.com
Contact with the administrator is possible via the email address support@skafhome.com
or via the postal address in Białystok, Zagumienna 10/37, 15-866 Białystok.
SKAF Dawid Tarasiuk
NIP: 5423483304
Zagumienna 10/37
15-866 Białystok, Pologne
Email: support@skafhome.com
