The Regulations define the general terms, conditions, rules and form of sales by KREM Anna Zalesińska based in Częstochowa, Poland, through the online shop www.kremconcept.com (hereinafter referred to as the “Online Shop”) and define the rules and conditions for provision of free services by electronic means by KREM Anna Zalesińska based in Częstochowa, Poland.

All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.

The Seller applies a mechanism of cookies, which – when the Customers use the Shop Website – are stored by the Seller`s server on the hard disk of a Customer`s terminal device(s). The use of “cookies” is intended to ensure correct operation of the Shop Website by the Customer`s terminal device(s). This mechanism does not destroy the Customer`s terminal device(s) and does not change the configuration of the Customer`s terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.

To place an order in the Online Shop via the Shop Website and to take advantage of the Services available at the Shop Website, the Customer must have an active email account.

The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties.

The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of Internet users. The Seller shall never ask the Customer to provide him with access to the password in any form.

The Customer is not allowed to use the resources and functions of the Online Shop to conduct activities that would infringe the Seller`s interests.

REGISTRATION

To create a Customer Account, the Customer must make a free Registration.

Registration is not necessary to place an order in the Online Shop.

In order to register, the Customer must complete the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.

While filling out the contact form the Customer is given the opportunity to read the Regulations, accepting the contents thereof by marking a relevant field in the form.

While filling out the contact form the Customer may at his/her own discretion give consent to the processing of his/her personal data for marketing purposes by marking a relevant field in the registration form. In this case, the Seller shall clearly indicate the purpose of collecting the Customer`s personal data, as well as data recipients, known to or expected by the Seller.

The Customer`s consent to the processing of his/her personal data for marketing purposes shall not condition the conclusion with the Seller of a contract for the provision of the Customer Account service by electronic means. The consent may be revoked at any time by filing a relevant statement by the Customer. Such a statement may be sent to the Seller`s address, e.g. by email.

After submitting a completed registration form, the Customer shall promptly receive, to the e-mail address provided on the registration form, the Registration confirmation by the Seller. At that time the contract is concluded for the provision of the Customer Account service by electronic means, the Customer shall get access to the Customer Account and the right to make changes to data given during the Registration, with the exception of the Login.

ORDERS

Information included in the Shop Website shall not constitute the Seller`s offer within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Contract of Sale.

The Customer may place orders in the Online shop via the Shop Website on a 24-hour/7-day-a-week basis.

The Customer placing an order via the Shop Website compiles the order by selecting the desired Products or Service. The Products or Service are added to the order by selecting the ADD TO CART button under a given Product or Service presented on the Shop Website. After compiling the whole order and identifying in the “CART” the manner of the Delivery and the form of payment, the Customer shall place the order by sending an order form to the Seller, selecting on the Shop Website the “Zamówienie z obowiązkiem zapłaty” button. Each time before sending the order to the Seller, the Customer is informed about the total price for selected Products or Service and the Delivery, as well as about any additional costs the Customer is obliged to incur under the Contract of Sale.

Placing an order means an offer of the Customer to the Seller to enter into a Contract of Sale of Products covered by the order.

After the order is placed, the Seller shall send an order confirmation to the e-mail address provided by the Customer.

After confirmation of the order, the Seller shall send information on acceptance of the order for execution to the e-mail address provided by the Customer. Information about acceptance of the order for execution constitutes a statement of the Seller about acceptance of the offer referred to in Article 4.5 above and, upon receipt thereof by the Customer, the Contract is concluded.

After conclusion of the Contract of Sale, the Seller confirms to the Customer the terms and conditions thereof by sending them on a durable medium to the Customer`s e-mail address or in writing to the address provided by the Customer upon the Registration or while placing the order.

The order fulfillments process begins with the positive transaction authorisation.

PAYMENTS

Prices on the Shop Website are gross prices and do not include information regarding the costs of the Delivery and any other costs which the Customer will be obliged to pay under the Contract, about which the Customer will be informed when selecting the method of the Delivery and upon placing an order.

The Customer may choose the following forms of payment: Credit/ Debit Card, Apple Pay, Klarna.

The Customer should pay for the order in the amount resulting from the Contract of Sale within 3 Days.

If the Customer fails to make the payment within the deadline referred to in the Regulations, the Seller shall rescind the Contract of Sale without an additional deadline pursuant to Article 492 of the Civil Code.

DELIVERY

The Seller carries out the Delivery on the territory of the European Union, except for Cyprus and Malta.

The Seller shall deliver the Digital Content constituting the subject of the Contract without defects.

The Seller shall publish at the Shop Website information on the number of Working Days needed to execute the Delivery and fulfil the order.

The deadline for the Delivery and execution of the order specified on the Shop Website shall be calculated in the Working Days.

Ordered Product(s) shall be delivered to the Customer through the Carrier, to the address indicated on the order form.

On the day of the Product(s) dispatch to the Customer the Seller shall confirm by email to the Customer the shipment of the Product(s) by the Seller.

The Customer shall examine the delivered Product(s) in the customary time and manner for shipments of that type in the presence of the Carrier`s employee. In the event of discovery of shortage or damage relating to the shipment, the Customer shall be entitled to demand from the Carrier`s employee to draw up a relevant report.

The Seller shall, in accordance with the Customer`s wish, attach to the shipment being the subject of Delivery a receipt or VAT invoice covering the delivered Product(s). In order to receive a VAT invoice, the Customer should declare at the time of purchase that he acquires the Product as an Entrepreneur (taxpayer). The above declaration is submitted by marking the appropriate field in the order form, before sending the order to the Seller.

In the event of absence of the Customer at the address specified by the Customer upon placing the order as the address of Delivery, the Carrier`s employee shall leave an advice note or shall attempt to contact the Customer by phone to agree a time when the Customer will be present. If the ordered Product(s) is/are returned to the Online Shop by the Carrier, the Seller shall contact the Customer by email or phone to agree the time and cost of the re-Delivery.

WARRANTY

The Seller ensures Delivery of Product(s) free of physical and legal defects. The Seller shall be liable towards the Customer if the Product has physical or legal defects (implied warranty).

If the Product is defective, the Customer may: submit a statement on reduction of the price or rescission of the Contract of Sale, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a non-defective one or removes the defect. This limitation shall not apply if the Product has already been replaced or repaired by the Seller, or if the Seller failed to fulfil the obligation to replace the Product with a non-defective one or to remove the defect. The Customer may demand replacement of the Product with a non-defective one instead of removal of the defect proposed by the Seller, or demand removal of the defect instead of replacement of the Product, unless making the Product compliant with the contract in a manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Seller. When assessing if the costs are excessive, one shall take into account the value of the Product free from defects, the type and importance of the discovered defect, as well as the inconvenience experienced by the Customer in the event of other manner of satisfaction of the claim. Demand replacement of the defective Product with a non-defective one or removal of defect. The Seller shall replace the defective Product with a non-defective one or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to fulfil the Customer`s demand if making the defective Product compliant with the Contract of Sale in the manner selected by the Customer is impossible, or would require excessive costs as compared to the other possible manner of making the Product compliant with the Contract of Sale. The cost of repair or replacement shall be incurred by the Seller.

Customer, which exercises rights under the warranty, is obliged to deliver the defective item to the address of the Seller. In case of a Customer who is a Consumer and an Entrepreneur with Consumer rights, the cost of delivery is covered by the Seller.

The Seller shall be liable under the implied warranty if a physical defect is discovered before two years pass since release of the Product to the Customer. The claim for removal of defect or replacement of the Product with a non-defective one shall be barred by the statute of limitations after one year, however such time-limit may not end before a time-limit specified in the first sentence. Within this time-limit the Customer may rescind the Contract of Sale or submit a statement on reduction of the price due to defect of the Product. If the Customer demanded replacement of the Product with a non-defective one or removal of the defect, the time-limit for rescission of the Contract of Sale or submission of the statement on reduction of the price shall start running upon ineffective expiry of the time-limit for replacement of the Product or removal of the defect.

Any complaints related to the Product(s) or performance of the Contract of Sale may be submitted by the Customer in writing to the Seller`s address.

The Seller shall within 14 days from the date of demand containing the complaint express his opinion on the complaint regarding the performance of the Contract of Sale submitted by the Customer.

The Customer may file a complaint to the Seller in connection with the Product. The complaint may be sent in an electronic form to the address hello@kremconcept.com. In the complaint the Customer shall include a description of the problem. The Seller shall immediately, however no later than within 14 days, consider the complaint and respond to the Customer.

The Seller does not take advantage of out-of-court settlement of disputes, mentioned in the law of 23 September 2016 on out-of-court settlement of consumer disputes.

RESCISSION OF THE CONTRACT OF SALE 

The Customer who concluded the Contract of Sale may within 14 days rescind the Contract of Sale without giving any reasons.

Period for withdrawal from the Contract of Sale commences from the moment of taking possession of the Products by a Customer.

A Customer may withdraw from the Contract of Sale by submitting a statement of withdrawal to the Seller. The notification may be submitted in writing to the Seller`s address: KREM Anna Zalesińska, Diamentowa 3/21, 80-028 Gdańsk, or by e-mail to the Seller`s email address: hello@kremconcept.com. The notification may be submitted with the template which has been placed by the Seller on the Shop`s Website in section Regulations. In order to meet the deadline, it is necessary to send the notification before the deadline (14 days).

In the case of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.

If the Customer submits the statement on rescission of the Contract of Sale before the Seller accepts the Customer`s offer, the offer ceases to be binding.

The Customer shall return the Product to the Seller immediately, however not later than within 14 days from the date of rescission of the Contract of Sale. To abide by the deadline, it is enough to send the Product to the Seller`s address before expiry of such deadline.

The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer’s statement on rescission of the Contract of Sale, return to the Customer all payments made by the Customer, including the costs of delivery of the Product to the Customer. The Seller may withhold reimbursement of the amounts paid by the Customer until delivery of the Product or delivery of a proof of sending the Product, whichever occurs earlier.

If the Customer exercising the right of rescission selects the method of the Delivery of the Product other than the cheapest Delivery method offered by the Seller, the Seller shall not be obliged to reimburse to the Consumer the additional costs incurred by the Customer.

In the event of rescission the Consumer shall only incur the direct costs of returning the Product.

If, due to its nature, the Product cannot be sent back by traditional mail, the Seller shall inform the Customer about the costs of returning such a Product on the Shop Website.

The Customer shall bear liability for decrease of the value of the Product as a result of use thereof outside the manner necessary to determine the nature, features and functioning of the Product.

The Seller shall reimburse the payment using the same method of payment as the one used by the Customer, unless the Customer expressly agrees to another method of reimbursement which does not entail any costs for the Customer.

GIFT CARD

  1. The Gift Card can be used only once. Unused funds on the account are forfeited without the option of reusing the code.

  2. The Gift Card  is not refundable or exchangeable for cash.

  3. The Gift Card  is valid for 6 months from the moment of purchase.

  4. The Gift Card  authorises you to shop at www.kremconcept.com from the entire range.

  5. The Gift Card can not be used to purchase another Gift Card.

  6. The Gift Card is not subjected to any discounts

  7. KREM is not responsible for the Gift Card from the moment it is issued to the Buyer. In the event of loss, destruction or other inability to use the gift voucher through the fault of the Buyer or the User, KREM is not obliged to accept the complaint.

  8. The value of purchases can be equal to or bigger than the amount assigned to the gift card provided that the difference is paid by the user  placing the order.

DEFINITIONS

POSTAL ADDRESS

name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or flat number, in the case of a town not divided into: streets and city numbers), zip code and town.

ADDRESS OF PRODUCT REFUNDS AND COMPLAINTS:

KREM

Diamentowa 3/21

80-028 Gdańsk

CONTACT DETAILS :

email: hello@kremconcept.com

telephone: 603 996 505 (from Monday to Friday from 9 to 17)

DELIVERY – the type of transport service along with the carrier`s definition and cost mentioned in the delivery price list.

PROOF OF PURCHASE – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.

PRODUCT CARD – a single store subpage containing information about a single product.

CUSTOMER – an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality and having the capacity to perform acts in law, making a purchase directly related to its business or professional activity at the Seller`s.

CIVIL CODE – Civil Code Act of April 23, 1964, as amended.

CODE OF GOOD PRACTICES – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

CONSUMER – an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.

CART/BASKET – a list of products made from the products offered in the store based on the Buyer`s choices.

BUYER – both Consumer and Customer.

PLACE OF DELIVERY OF THINGS – postal address or collection point indicated in the order by the Buyer.

MOMENT OF ISSUING THE THINGS – the moment when the Buyer or a third party indicated by him to take over will take possession of the item.

PAYMENT – Stripe, Inc. and Klarna are entities providing online payment services.

If there is a need to return funds for the transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.

Available payment methods:

Credit/Debit Cards:

• Visa
• MasterCard
• Discover
• American Express

Apple Pay

Klarna

If the payment was made using a payment card (return to the card account used for payment)

If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.

With card payments, the order processing time in Poland is up to 3 business days.

CONSUMER LAW – the Consumer Rights Act of 30 May 2014.

PRODUCT – the minimum and indivisible number of items that can be the subject of the order and which is given in the Seller`s store as a unit of measure in determining its price (price / unit).

SUBJECT OF THE CONTRACT – products and delivery being the subject of the contract.

SUBJECT OF THE BENEFITS – subject of the contract.

RECEPTION POINT – the place of delivery of the item not being a postal address, listed in the list provided by the Seller in the store.

THING – a movable object that may or may be the subject of a contract.

SHOP – internet service available at www.kremconcept.com, through which the Buyer can place an order.

SELLER:

KREM

Anna Zalesińska 

ul. Mościckiego 16/24

42-200 Częstochowa 

NIP: 5732716396

REGON : 387069813

BANK ACCOUNT: 02 1020 1664 0000 3302 0634 4461

SYSTEM – a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.

IMPLEMENTATION DATE – the number of hours or working days listed on the product card.

AGREEMENT – an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of art. 535 of the Civil Code of 23 April 1964 in the case of Buyers.

DEFECT – both physical defect and legal defect.

PHYSICAL DEFECT – incompatibility of the item sold with the contract, in particular if the item:

it does not have properties that such a thing should have due to the purpose of the contract marked or resulting from circumstances or destination;

does not have properties the existence of which the Seller has provided to the Consumer,

is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not report for

it does not have properties that such a thing should have due to the purpose of the contract marked or resulting from circumstances or destination;

does not have properties the existence of which the Seller has provided to the Consumer,

is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;

has been delivered to the Consumer in an incomplete state;

in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;

it does not have the characteristics provided for by the manufacturer or his representative or person who places the product on the market as regards his business and a person who, by placing his or her name, trade mark or other distinguishing sign on the item, presents itself as a producer, unless the Seller did not know the assurances or, judiciously, he could not know or they could not affect the Consumer`s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.

LEGAL DEFECT – a situation when a sold item is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of an item results from a decision or decision of a competent authority.

ORDER – a declaration by the Buyer`s will made through the store clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of things, details of the Buyer and aiming directly at the conclusion of the contract between the Buyer and the Seller.