Regulations of the www.cacane.pl store
1. The Regulations constitute the legal basis for the use of the www.cacane.pl online store.
2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
3. The owner of the website and the seller is Grażyna Popenda, running a business under her own name and surname, based in Katowice at ul. Poprzeczna 2a / 9, NIP number: 954 131 60 50.
4. Cacane reserves the right to amend these Regulations for legal or organizational reasons. Each Customer will be informed about the content of the changes to the Regulations by posting a message about the amendment to the Regulations at the address of the Online Store www.cacane.pl, containing a list of changes to the Regulations and maintaining this information on the website of the Online Store www.cacane.pl for a period of at least 14 consecutive calendar days. Customers who have registered a Customer Account in the Online Store will be additionally notified of the amendment to the Regulations by sending to the e-mail address (e-mail address) provided in the registration form, information containing a list of amendments to the Regulations. The notification of the amendment to the Regulations will take place no later than 14 calendar days before the entry into force of the amendment to the Regulations. Amendments to the Regulations come into force on the date provided with the information about the amendment to the Regulations, but not earlier than after 14 calendar days from the moment of informing about the change in the Regulations.
5. In case of a change to these Regulations, all contracts, orders and reservations placed before the effective date of the amendment to the Regulations will be implemented in accordance with the Regulations in the wording in force on the date of conclusion of the contract, placing an order or making a reservation by the Customer.
6. Whenever the following terms are used in these Regulations, they should be understood as:
1. Customer - a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, and which places an Order within the Store;
2. Client-Entrepreneur - a client who is a natural person, legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, and who places an Order directly in connection with the conducted business or professional activity. Some of the provisions of the Regulations apply only to Clients-Entrepreneurs, which is explicitly specified, in other cases, the provisions of the Regulations for Clients will apply;
3. Civil Code - the Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended);
4. Consumer - a customer who is a natural person who performs a legal transaction with Cacane not directly related to his business or professional activity, in particular who places an Order in the Online Store;
5. Account - Electronic Service, marked with an individual name (Login) and password provided by the Customer, a set of resources in the Cacane ICT system, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the login and password. The customer logs in to his Account after registering in the Store.
6. Cart - a service made available to every customer who uses the Store, consisting in enabling him to easily place an order for one or more Goods. The basket collects the offers to conclude a Sales Agreement submitted by the Customer, i.e. within one order, you can submit more than one offer to conclude a Sales Agreement;
7. Regulations - these Regulations for the provision of electronic services as part of the Store;
8. Store - website available at www.cacane.pl, through which the Customer may, in particular, place Orders, run by Cacane;
9. Cacane – Grażyna Popenda, running a business under her own name and surname, based in Katowice at ul. Poprzeczna 2a / 9, NIP number: 954 131 60 50;
10. Goods - all products presented in the Store;
11. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between Cacane and the Customer, concluded using the Store's website;
12. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
13. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
14. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods;
7. These Regulations define the rules of using the Store, in particular the rules for registering and using the account as part of the Store, the terms and conditions for submitting Orders via electronic means as part of the Store, the rules for concluding Sales Agreements using the services provided as part of the Store and the rules for complaint proceedings.
8. All goods located in the assortment of the Online Store are brand new.
9. In order to use the Online Store, the Customer should obtain access to a computer station or terminal device with Internet access on his own.
10. Customers can access these Regulations at any time via the link on www.cacane.pl and download it and print it out.
Rules for using the Online Store.
1. Cacane provides electronic services in the field of enabling customers to set up and use a Customer account on the website of the Online Store at www.cacane.pl, including:
2. enabling Customers to place Orders and conclude Sales Agreements, on the terms set out in these Regulations;
3. presenting customers with advertising content tailored to their interests;
4. enabling customers to use the Cart services.
5. The Customer account service consists in enabling customers to use the Store's functionality after logging in.
6. Registration of the Customer's account in the Store is voluntary and free of charge.
7. The Customer can browse the Store's assortment and place orders without registering the Customer's account. A customer who has registered a customer account in the store, however, has the option to: track order history, track the status of the order.
The Customer may register a Customer account in the Store on the main page of the Online Store at www.cacane.pl or register a 9. Customer Account when placing an order via the Store. The account is provided free of charge for an indefinite period. The Customer may at any time unsubscribe from the Store, without giving a reason and without incurring costs, by sending Cacane via e-mail to the following address: firstname.lastname@example.org or in writing to the Cacane mailing address, requesting the removal of the Customer's account along with the address provided. e-mail (e-mail address) currently registered in the Store.
9. Cacane may deprive the Customer of the right to use the Store, as well as limit his access to some or all of the Store's resources, with immediate effect, in the event of a breach by the Customer of the Regulations, in particular when the Customer:
1. during registration in the Store, he provided untrue, inaccurate or out-of-date data, misleading or infringing the rights of third parties;
2. violated the personal rights of third parties through the Store, in particular the personal rights of other Customers of the Store;
3. commits other behaviors that will be considered by Cacane to be inconsistent with applicable law or general principles of using the Internet or harming Cacane's good name.
10. A person who has been deprived of the right to use the Store may not re-register without the prior consent of Cacane.
11. In order to ensure the security of the transmission of messages and data in connection with the services provided on the website, the Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
12. The customer is obliged in particular to:
1. not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties;
2. use the Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;
3. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Store;
4. use the Store in a way that is not inconvenient for other customers and for Cacane;
5. use of any content posted on the Store only for personal use;
6. use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
Orders and product availability:
1. The ordering process consists of:
[STEP 1]: Choosing the product;
[STEP 3]: Selecting the size;
[STEP 2]: Choosing the option "Add to cart"
The contents of the basket can be viewed by clicking on the basket icon in the header of the page.
1. [STEP 4]: Selecting the "Order" option.
2. [STEP 5]: Registering as a guest / registering a Customer account or logging into an existing Customer account.
3. [STEP 6]: Choosing the form of delivery.
4. [STEP 7]: Choosing the payment method.
5. [STEP 8]: Providing the delivery address to which the parcel is to be delivered.
6. [STEP 9]: Making the payment, if you choose the payment method via the PAYPAL or Przelewy24 systems.
7. The execution of the order begins no later than on the business day after the funds are credited to the Cacane bank account via the PAYPAL or Przelewy24 systems.
8. Information about the Goods provided on the Store's websites, in particular their descriptions, bye technical and utility parameters and prices do not constitute an offer, but an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
9. Placing an order is tantamount to accepting the Regulations of the online store www.cacane.pl, as well as acceptance of all the rules for purchasing the Goods in the Store.
10. A fiscal receipt is issued for each order. A fiscal receipt is issued when all products ordered by the customer are ready for shipment. At the customer's request (any new regulations), a VAT invoice may be issued. The data for the invoice should be provided in the order form.
Delivery date and cost:
1. The delivery of the Goods is limited to the area of the European Union and takes place at the address provided by the Customer when placing the Order.
2. The order will be processed if it contains the address and telephone number of the customer and his e-mail address. In case of suspicion of providing false data or fraudulent intentions of the ordering party, Cacane reserves the right not to send the goods.
3. The cost of delivery of the ordered goods depends on the form of delivery and the country of delivery, and is provided at the ordering stage.
4. Shipments in the territory of the Republic of Poland are provided by courier companies DHL, DPD, Inpost or are carried out in Inpost parcel lockers and the parcel in motion. The courier company DPD delivers to other European Union countries.
5. The time of delivery by the courier company should be 1-2 working days.
6. Cacane is not responsible for delays due to the carrier's negligence.
7. The cost of delivery will be included in the value of the purchased products. The final cost of the order consists of the gross price of the goods and the shipping price.
Prices of goods and payments:
1. The prices of the Goods are given in Polish zlotys or EURO and include all components, including VAT, customs duties and any other components, unless these Regulations provide otherwise.
2. The price given for each product is binding at the time of placing the order by the Customer. Cacane reserves the right to change the prices of the products on offer, to introduce new products to the Store's offer, to carry out and cancel promotional campaigns on the store's websites or to introduce changes to them.
3. The customer can choose the following payment methods for the orders placed: payment via the PAYPAL system or the Przelewy24 system.
1. Pursuant to Art. 27 of the Act of 30 May 2014 on consumer rights, the Customer who is a Consumer who concluded a distance contract via the Store, may withdraw from this contract within 14 days without giving any reason. The instruction on the right to withdraw from the contract, containing in particular information on the manner and date of exercising the right to withdraw from the contract and the costs of returning items in the event of withdrawal from the contract, which are borne by the Consumer, constitutes Annex 1 to these Regulations.
2. The period for withdrawing from the contract begins on the day on which the Consumer took possession of the goods or on which a third party indicated by the Consumer, other than the carrier, came into possession of the goods. In the case of a contract that includes many items that are delivered separately, in batches or in parts, the period for withdrawal from the contract begins on the day on which the Consumer took possession of the last item, the last batch or part or in which the person indicated by the Consumer the third item, other than the carrier, acquires the last item, lot or part. In the case of a contract that consists in the regular delivery of items for a specified period, the period for withdrawal from the contract begins with taking possession of the first item. For other contracts, the period for withdrawal from the contract begins from the date of conclusion of the contract.
3. Pursuant to Art. 30 of the Act of 30 May 2014 on consumer rights, the Consumer may withdraw from the contract by informing Cacaneo of his decision to withdraw from the contract by means of an unequivocal statement sent to the Cacane address or the Store's e-mail address. The declaration of withdrawal from the contract may be submitted using the form, a model of which is attached as Appendix 2 to these Regulations, but it is not obligatory and may take any form. Cacane will inform the Consumer about receiving a declaration of withdrawal from the contract.
4. To meet the deadline to withdraw from the contract, it is enough to send information regarding the exercise of the right to withdraw from the contract before the deadline to withdraw from the contract.
5. In the event of withdrawal from the contract, this contract is considered void. If the Customer who is a Consumer submitted a declaration of withdrawal from the contract before Cacane accepted his offer, the offer ceases to be binding.
6. In the event of withdrawal from the contract, the Consumer is obliged to return the goods immediately, but not later than within 14 days from the date on which he informed Cacane about the withdrawal from the contract. To meet the deadline, it is enough if the Consumer sends the goods before the expiry of the 14-day period to the Cacane address.
7. The consumer is obligatedis obliged to bear the direct costs of returning the Goods.
8. In the event of withdrawal from the contract, Cacane will immediately, not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments received from him, including the costs of delivering the Goods in the amount of the cheapest shipment offered by Cacane.
9. The reimbursement will be made by Cacane using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
10. Cacane may withhold the reimbursement of payments received from the Consumer until the goods are returned or the Consumer has provided proof of return, depending on which event occurs first.
11. The consumer is responsible for the decrease in the value of the item as a result of using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
12. Pursuant to Art. 38 of the Act on consumer rights, the right to withdraw from a distance contract is not available to the Consumer in relation to contracts:
1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
2. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
3. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
4. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
5. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
13. The right of the Customer who is a Consumer to withdraw from the Agreement does not apply to Goods made to order.
Correcting and canceling orders:
1. Correction of orders is made at the request of the Buyer sent by e-mail or by phone. Any corrections of the submitted order are considered only until they have not been implemented.
2. You can check the status of the order by e-mail or by phone. The service employee will provide all information regarding the degree of completion of the order.
3. Order cancelation.
1. In the event that the order has not yet been completed, the order may be canceled by e-mail.
2. In each case of cancellation of the order, the service employee must check the status of its implementation and determine whether it is possible to withdraw from the order.
1. All Goods are brand new, free from physical and legal defects, and have been legally placed on the Polish market.
2. The Goods are released to the Customer upon their handover by Cacane for delivery to the courier company.
3. Upon receipt of the goods from the carrier, the Customer is obliged to check the shipment. Any damage to the parcel should be immediately reported to the courier and additionally contact the store staff by sending a message to the address email@example.com. The basis for the complaint is that the shipment is damaged by the persons delivering the shipment and a non-compliance protocol is drawn up, including photographic documentation (if possible). After finding that the parcel is damaged, the condition of its contents should also be checked and this fact should be recorded in the non-compliance report. The customer is not entitled to refuse to pay the price, even if the parcel is damaged. Any claims for damage to the contents of the shipment resulting from damage to the shipment or the performance of transport should be directed to the carrier.
4. If the Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless Cacane immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect.
5. The customer cannot withdraw from the contract if the defect is irrelevant.
6. Complaints should be submitted in writing using the complaint form, a model of which is attached as Appendix 3 to these Regulations. The customer may also submit a complaint in any form, without the need to use the above-mentioned. form.
7. In the event of a complaint about the Goods, immediately after noticing the defect, Cacane should be notified in an electronic form to the address firstname.lastname@example.org, describing the reasons for the complaint and the defective goods should be sent to Cacane's address. The costs related to the return of the complaint will be immediately sent to the bank account indicated by the Customer after receiving the parcel and accepting the complaint. In order to speed up the recognition of the complaint submitted to the claimed parcel Attach the proof of purchase with a description of the reason for the complaint.The time for considering the complaint is up to 14 days from the date of receipt of the defective goods by Cacane, while Cacane takes all steps to resolve the complaint as soon as possible. If the complaint is not accepted, the goods are returned at the expense of Cacan with information about the reasons for not accepting the complaint.
8. The warranty period in the case of Customers-Entrepreneurs is one year from the date of delivery of the goods to the Customer.
Out-of-court ways of dealing with complaints and redress.
1. In the event of a dispute, the Customer who is a Consumer has the option of using out-of-court complaint and redress procedures. In particular, the Customer is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings or is entitled to apply to the permanent amicable consumer court operating at the provincial inspector of the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement.
2. A customer who is a consumer may also obtain free help and necessary information from poviat consumer ombudsmen.
3. The Customer who is a Consumer may also use the platform of the online dispute resolution system between consumers and entrepreneurs (Online Dispute Resolution, hereinafter referred to as ODR) available at http://ec.europa.eu/consumers/odr/ operating in the European Union. The ODR platform enables comprehensive service for consumers and entrepreneurs seeking out-of-court dispute resolution. The ODR platform is an interactive website that can be accessed electronically and free of charge in all official languages of the European Union.
4. The use of out-of-court complaint and redress procedures is voluntary and both parties must agree to the procedure.
5. The rules of organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item 1214).
6. Detailed information on out-of-court dispute resolution between the entrepreneur and the consumer can be found on the website of the Office of Competition and Consumer Protection at: http://www.uokik.gov.pl/spory_konsumenckie.php
7. If you have any questions about out-of-court dispute resolution, you are also encouraged to contact Cacane directly.
Personal data protection:
1. The Customer's personal data is processed by Cacane as the personal data administrator.
2. Providing personal data by the Customer is voluntary, but necessary to create an Account, use certain electronic services or conclude a Sales Agreement.
3. Cacane applies appropriate technical and organizational measures to protect the processed personal data.
4. The customer has the right to access their personal data and to correct and delete them. Personal data may be corrected or deleted after logging in to the Account, or in the case of unregistered Customers, the Customer may modify or delete his data by sending an appropriate request to Cacane.
5. The Customer's personal data may be processed in order to implement the Sales Agreement, correctly implement the services provided electronically and to keep the Customer informed about Cacane Products and services provided by Cacane.
1. Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the concluded Sales Agreement takes place by sending the Customer an e-mail confirming the placed Order and by attaching the Order specification and fiscal proof of purchase to the shipment containing the Product. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store.
2. Cacane provides technical and organizational measures appropriate to the degree of threat to the security of the functionalities or services provided on the basis of a service contract. The use of Electronic Services is associated with typical threats related to the transmission of data via the Internet, such as their dissemination, loss or unauthorized access to them.
3. 6. The content of the Regulations is available to customers free of charge at the following URL www.cacane.pl, from where customers can view and print it at any time.
4. Cacane informs that using the Online Store via a web browser, including placing an Order, may be associated with the need to incur the costs of connecting to the Internet (data transfer fee) or telephone connection, in accordance with the tariff package of the service provider used by the customer.
5. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), and in the case of Customers who are Consumers also include the provisions of the Act on consumer rights, as well as the provisions of the Act on the provision of electronic services.
6. These Regulations contain the following attachments:
Annex No. 1 - Information on the right to withdraw from the contract;
Annex 2 - Statement of withdrawal from the contract;
Appendix No. 3 - Filing a complaint.
Agreements concluded in the Store are subject to Polish law.
These Regulations enter into force on September 29, 2019. and is valid for contracts concluded from that date.