Terms and conditions of the online shop www.cristalstone.pl,
This sets out, among other things, the rules for concluding sales contracts through the shop, including the most important information about the Seller, the shop and the consumer's rights.
CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payment
§ 6 Performance of the order
§ 7 Right of withdrawal from the contract
§ 8 Effects of withdrawal from the contract
§ 9 Exceptions to the right of withdrawal from the contract
§ 10 Complaints
§ 11 Out-of-court complaint and redress procedures
§ 12 Personal data
§ 13 Reservations
§ 14 Provisions concerning buyers who are not consumers
§ 15 Guarantees
§ 16 Delivery
- 17 Promotions
Operating, cleaning and maintenance instructions
Appendix 1: Withdrawal declaration form
- 1 DEFINITIONS
Business days – days from Monday to Friday except for the public holidays;
Account - a free-of-charge function of the Store (service provided electronically) regulated by separate regulations, thanks to which the buyer can create his/her individual Account in the Store.
Consumer - a Consumer within the meaning of the Polish Civil Code.
Buyer - any buyer in the Shop.
Terms and Conditions - these Terms and Conditions.
Shop - the online shop operated by the Seller.
Seller – Homsa sp. z o.o. VAT ID: 6793160462 KRS: 0000700393 REGON: 368619020
- 2 CONTACT WITH THE SELLER
- Correspondence address: ul. Dekerta 44, 30-703 Kraków (Galeria Luxum)
- E-mail: biuro@cristalstone.pl
- Telephone number: 12 653 00 90
Bank account number: 08 1140 2004 0000 3702 8225 5908 mBank
- 3 TECHNICAL REQUIREMENTS
- For the proper functioning of the Shop you will need:
- A device with access to the Internet
- A web browser that supports JavaScript and cookies.
For placing an order in the Shop, in addition to the requirements set out in paragraph 1, an active e-mail account is necessary.
- 4 SHOPPING IN THE SHOP
- The prices of the goods shown in the Shop are the total prices for the goods, including VAT.
- The Seller points out that the total order price consists of the price of the goods indicated in the Shop and, if applicable, the delivery costs of the goods.
- The goods selected to be purchased must be added to the shopping basket in the Shop.
- The buyer then chooses from the available in the Shop: the method of delivery of the goods and the method of payment for the order, as well as the data necessary to complete the order placed.
- An order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
- Placing an order shall be the conclusion of a contract of sale between the Buyer and the Seller.
- The Seller shall provide the Consumer with confirmation of the conclusion of the contract of sale at the latest upon delivery of the goods.
- The Buyer may register with the Shop, i.e. set up an Account with it, or make purchases without registering by providing his/her details for each possible order.
- 5 PAYMENTS
- For orders placed, cash on delivery payment shall be unavailable for the selected range or temporarily disabled. Only goods whose total value does not exceed PLN 5,000 shall be sent cash on delivery.
- Cash on delivery of goods in person.
- If the buyer chooses to pay in advance, the order must be paid for within 0 working days of placing the order.
- The Seller informs that in the case of certain payment methods, due to their specificity, payment of the order by this method shall only be possible immediately after placing the order.
- The Buyer, by purchasing from the Shop, accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
- The online electronic payment service provider shall be Blue Media S.A..
- If there is a need to refund funds for a transaction made by the Client with a payment card, the Seller will make the refund to the bank account assigned to the Client's payment card.
- Available payment methods:
Payment card:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro
- Order processing time is calculated from the time of successful payment authorisation.
- 6 PERFORMANCE OF THE ORDER
- The Seller shall be obliged to deliver the goods free of defects.
- The lead time is indicated in the Shop.
- If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order once it has been paid for.
- If, within one order, the Buyer has purchased goods with different lead times, the order shall be fulfilled within the time limit applicable to the goods with the longest lead time.
- Goods purchased from the Shop shall be delivered depending on the delivery method chosen by the Buyer:
- By courier service
- The buyer may collect the goods in person on working days at the company's headquarters at ul. Dekerta 44, 30-703 Kraków Galeria Wnętrz Kreatywnych Luxum during its opening hours.
- If the Buyer has chosen to collect the goods in person, the goods shall be ready for collection on the indicated order completion date, or if the Seller has indicated a date for dispatching the goods, on that date.
- In the event of force majeure beyond the Seller's control, the delivery date may be altered from that declared on the shop website. In this case, a new date shall be set, of which the Buyer shall be informed.
- Unless otherwise agreed in writing, deliveries shall be made by truck over 3.5 t, without lifting, to a place of delivery that is legally and technically feasible with a normal hand pallet truck operated by one person. The supplier is not obliged to wait for the Recipient to unload exceeding 5 minutes.
- If the goods are returned from abroad, the customer shall be entitled to reimbursement of the forwarding costs in an amount not exceeding the delivery on the territory of the Republic of Poland.
- Follow the receipt procedures and check the goods received in full with the supplier. If visible defects are found, write a damage report with the supplier.
- The Recipient shall be obliged to organise and secure the unloading site.
- Refusal to take delivery of the goods due to inability to unload or take over by the Recipient shall be treated as delivery made. A subsequent delivery may incur a charge for transport and storage.
- The supplier shall not be responsible or liable for any costs for arranging the unloading and bringing in of the ordered goods. The planned date and exact time of delivery shall be indicative only and shall not be the basis for any demands or returns, or a reason for withdrawal from the contract, or a reason for refusal to accept the goods in part or in whole.
- In the event of force majeure in the form of riots, unrest, martial law, state of emergency, declaration of epidemics or pandemic of infectious diseases, natural disasters on the territory of Poland or locally, where the registered office or production facilities of the Seller or its subcontractors are located - production, delivery of goods and services may be suspended until the aforementioned causes and their effects cease to exist. In the event of force majeure, the supplier shall not be liable to the Buyer for any failure, delay or incomplete delivery of goods or services.
- The Buyer/Ordering Party accepts that due to the properties of the raw materials and the handmade production of the materials and furnishings, the colouring, shade, texture and characteristics of the individual finished furnishings may differ slightly from each other, which does not constitute a defect in the Furnishings. Slight differences in colour, shades, differences in structure, material thickness as well as possible inclusions, minor scratches or defects do not impair the value or usability of the furnishings. Finished pieces may have slight variations in dimensions of up to 0.30%.
- 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The Consumer has the right to withdraw from the contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
- The period of withdrawal from the contract expires after 14 days from the date of :
- On which the Consumer has taken possession of the goods or on which a third party other than the carrier and indicated by the Consumer has taken possession of the goods.
- On which the Consumer has taken possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, has taken possession of the last item in the case of a contract which involves the transfer of ownership of several items which are delivered separately.
- In order for the Consumer to exercise his/her right of withdrawal, he/she must inform the Seller, using the details provided in § 2 of the Terms and Conditions, of his/her decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
- The Consumer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
- In order to keep the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send information on the exercise of his right of withdrawal before the deadline for withdrawal from the Contract expires.
- A Consumer who has concluded a distance or off-premises contract has the right to withdraw from the contract without giving any reason within 14 days.
Effects of withdrawal from the contract - In the event of withdrawal from a concluded contract, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller) immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from the contract.
- The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumers agreed otherwise, in any event, the Consumers shall not be charged with any fees in connection with this refund.
- The Seller may withhold reimbursement until it has received the goods or until it has been provided with proof of their return, whichever event occurs first.
- The Seller requests that goods be returned to: ul. Dekerta 44, 30-703 Kraków (Galeria Luxum) immediately, and in any case not later than 14 days from the day on which the Consumer communicated the withdrawal from the sales contract to the Seller. The deadline shall be met if the consumer sends back the goods before the expiry of the 14-day period.
- The Consumer shall bear the direct costs of returning the goods.
- The Consumer shall only be liable for any diminution in the value of the goods resulting from the use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
- If the goods, due to their nature, cannot be sent back in the usual way, the Consumer shall also have to bear the direct costs of returning the goods. The cost of returning the goods shall be higher as for courier delivery.
- A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point 8.8 of the Terms and Conditions. In order to meet the deadline, it is sufficient to send the statement before its expiry. A statement of withdrawal from the contract can be made, for example:
- in writing to the address: Galeria Luxum ul. Dekerta 44, 30-703 Kraków
- electronically by e-mail to: biuro@cristalstone.pl.
- The Seller does not accept parcels delivered by cash on delivery.
- 9 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
- The right of withdrawal from a distance contract does not apply to the Consumer in respect of a contract:
- Where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs.
- 10 COMPLAINTS
- In the event of a defect in the goods, the Buyer shall have the option of claiming the defective goods on the basis of the warranty or guarantee regulated in the Polish Civil Code, provided that the guarantee has been granted.
- A complaint may be lodged by the Client:
- in writing to the address: ul Jana Dekerta 44, 30-703 Kraków
- electronically by e-mail to: biuro@cristalstone.pl
- When exercising the warranty, the Buyer may, under the terms and within the time limits set out in the Polish Civil Code:
- submit the statement to reduce the price
- In the event of a material defect, make a statement of withdrawal from the contract
- require the defective item to be replaced by an item free from defects
- require the defect to be rectified
- The Seller requests that complaints on the basis of the warranty be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
- If it turns out that in order to consider the complaint it is necessary to deliver the claimed goods to the Seller, the Buyer shall be obliged to deliver the goods, in the case of a Consumer at the Seller's expense, to the address ul. ul. Dekerta 44, 30-703 Kraków (Galeria Luxum)
- If the goods are additionally covered by a guarantee, information about the guarantee and its conditions is available in the product description in the Shop.
- Complaints are not subject to natural wear and tear, mechanical damage, wear and tear parts or use other than for the intended purpose.
- Complaints concerning the operation of the Shop should be sent to the following e-mail address: biuro@cristalstone.pl.
- The complaint will be dealt with by the Seller within 14 days.
- Independent modifications and alterations to the product will void the warranty.
- If the Seller receives the returned goods in a deteriorated condition, he will deduct the amount to be refunded in proportion to the loss in value of the goods.
- Failure to follow the installation instructions, instructional information, maintenance and cleaning instructions may invalidate the warranty.
- When making a complaint, please indicate the date of purchase or send a copy of the invoice or receipt
- It is recommended that photographs documenting the problems are sent.
- In the event of force majeure, the Seller may suspend operations until the effects of force majeure are removed, without informing the client.
11 OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may make use of, among other things:
- Mediation by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings shall be free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- The assistance of a locally competent permanent amicable consumer court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings shall be free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance from the municipal or district consumer ombudsman.
- Online ODR platform available at: http://ec.europa.eu/consumers/odr/.
- 12 PERSONAL DETAILS
- The controller of the personal data provided by the Buyer when using the Shop shall be the Seller.
- The Buyer's personal data shall be processed on the basis of the contract and for the purpose of its performance, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU). For details on the Seller's data processing, please refer to the privacy policy posted in the Shop.
- Privacy Policy in accordance with the GDPR regime and the Personal Data Protection Act (Journal of Laws 1997 no. 133 item 883).
- By using the contact form on the website, providing the data necessary to conclude a contract, start the design process and send the order - the user agrees to the processing of personal data.
- The Controller of the personal data shall be Homsa Sp. z o.o.
- The owner of the personal data registered by Homsa sp. z o.o. has the right to request the deletion of the personal data:
a) In writing to the registered office address of Homsa Sp z o.o address: ul.. Jana Dekerta 44, 30-703 Kraków - b) By e-mail to the following address: biuro@cristalstone.pl
- User data is tangible information that identifies an individual, e.g.: name, surname, address, e-mail address.
- User data (computer IP, first name, surname, e-mail address, address) shall be used for the purposes of marketing purposes (e.g. newsletter system).
- The customer has the right to inspect his/her data, to correct it and has the right to "forget" it if he/she so wishes.
- Any data provided by users is protected through the Personal Data Controller - Homsa sp. z o.o.
- 13 RESERVATIONS
- It is prohibited for the Buyer to provide unlawful or offensive content.
- Each time an order is placed in the Shop, it constitutes a separate contract of sale and requires separate acceptance of the terms and conditions. The contract shall be concluded for the duration and for the purpose of fulfilling the order.
- Contracts concluded on the basis of these rules shall be concluded in the Polish language.
- Nothing in these terms and conditions excludes or in any way limits the rights of the Consumer under the law.
- 14 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS
- The right of withdrawal from a distance contract shall not be granted to any entity other than the Consumer.
- Any liability of the Seller towards the Buyer who is not a Consumer shall be limited to the amount of the order placed by the Buyer.
- The Seller's liability under warranty towards the Buyer who is not a Consumer shall be excluded.
- In the event of a possible dispute with a Buyer who is not a Consumer, the competent court shall be the court having jurisdiction over the Seller's registered office.
- 15 WARRANTIES
- The standard consumer customer guarantee for all services and goods is 24 months from the date of purchase. The provisions for buyers who are not consumers (companies, institutions) with regard to warranty protection are described in section 9 of the terms and conditions.
- The warranty does not cover mechanical, thermal, chemical and radiation damage or traces of use.
- Independent modifications and alterations to the product will void the warranty.
- Assembling the products in a way that prevents free service access, including disassembly, or in a way that may cause damage to other objects, voids the warranty. Permanent installation of such products shall be at the sole risk and responsibility of the Buyer.
- Failure to follow the installation instructions, instructional information, maintenance and cleaning instructions may invalidate the warranty.
- When making a complaint, please indicate the date of purchase or send a copy of the invoice or receipt
- It is recommended that photographs documenting necessary to problem are sent.
- Specific warranty conditions for individual types of products may be described in the specifications for these products and individual terms and conditions later in these terms and conditions.
- In the event of force majeure, the Seller may suspend operations until the effects of force majeure are removed, without informing the client.
- A prerequisite for the recognition of any warranty and guarantee is that the customer complies with the maintenance and cleaning instructions and installation recommendations.
- The installation of sanitary fittings manufactured by Cristalstone, should be contracted to a reputable plumbing or building firm, proficient in the art of fitting sanitary fittings.
- 16 DELIVERIES
The carrier (courier company) shall deliver the goods in accordance with the carrier's regulations, which are in accordance with the shipping law. The company may, without notice, cancel the delivery or collection of the goods and make the delivery or collection at another time. In this case, Cristalstone shall not be liable for any loss of benefits, opportunities or payments made or liabilities to third parties.
The risk of accidental loss of or damage to the supplied equipment shall be transferred to the buyer as soon as the individual items of equipment are handed over to him.
In the event of delivery by courier or by carrier, the ordering party shall be obliged to report any possible damage to the consignment or equipment to the carrier and to ensure that this is confirmed in writing by the carrier. If no defects are reported upon receipt of the equipment, it shall be deemed to be complete and free of mechanical defects on the date of receipt.
Notification of defects other than mechanical defects can take place up to 14 days after delivery of the equipment.
The transport packages shall be labelled with the Acceptance Instructions. The instructions must be followed.
Goods should always be checked on delivery, by the supplier or courier. In the event of objections, a damage report should be drawn up with the supplier or courier on the day of delivery in accordance with the instructions. Delivery shall be made without carrying and assembly.
Operating, cleaning and maintenance instructions
Cristalstone's bathroom furnishings are prepared to last a long time, retaining excellent qualities in terms of use and aesthetics. It is a prerequisite that the custom-made equipment is kept in good condition if the recommendations of this manual are followed.
- The equipment is not resistant to aggressive chemicals. Avoid contact with solvents, hair dyes, varnishes, pipe cleaners, R2 agent, etc.
- Clean the products with commonly available liquid conglomerate and composite cleaners or clear liquid soap. e.g. with the Cristalstone brand milk available in the online shop.
- It is forbidden to clean bathroom equipment with composites, milks, powders, sharp cloths, brushes, sponges, cleaners.
- Clean bathroom fittings made of composites and conglomerates using soft micro fibre cloths. Do not allow dirt, dust, chemical and cosmetic residues, cleaning agent residues and water to dry on the surface.
- Water and any soap deposits etc. should be removed on a regular basis, without allowing them to dry on the surface.
- Matt-coloured furnishings should not be polished. Unless using a special mattifying cloth with mattifying polishing paste, but not more often than every six months.
- Gloss finished worktops should be polished with a soft cloth and polish once every 3-6 months, depending on the intensity of use.
- If there is uncertainty about the aggressiveness of the chemicals used for cleaning and maintenance, caution should be exercised by first carrying out a cleaning test in a non-visible area.
- Mugs, soap dishes etc. of bathroom equipment should be lined with felt or silicone or rubber pads so that they do not scratch the surface.
- The equipment is resistant to contact with water, but products should not be continuously operated in contact with hard or medium-hard water. The products should therefore be wiped dry on a regular basis, or the water system should be fitted with a water softener. Information on water hardness can be obtained from your local water supplier.
- Use the products in accordance with their intended purpose, exclusively for personal hygiene in a domestic setting, unless, prior to placing the order, the Client has informed the Manufacturer of a purpose other than personal hygiene in a domestic setting.
- Screw the batteries on carefully, always use a rubber or silicone washer
- If in doubt, always seek advice from the manufacturer.
- 17 PROMOTIONS
The organizer of the promotion is Homsa Sp. z o.o. based in Krakow. Promotions do not combine. You can take advantage of the promotion by entering the relevant discount code in the shopping cart tab. The promotions set are temporary or until stocks last. The organiser reserves the right to terminate the promotional action early.