The following terms and conditions define the general terms, conditions, and manner of sales carried out by KROSS S.A. with its registered office in Przasnysz, via the online store www.kross-europe.eu(hereinafter referred to as the "Online Store") and define the terms and conditions for the provision of services free of charge by electronic means by KROSS S.A. with its registered office in Przasnysz.
§ 1. Definitions
- Work days - means days of the week from Monday to Friday, with the exception of public holidays in the Republic of Poland.
- Supplier - Supplier - means the entity with which the Seller cooperates in terms of Delivering Goods:
- Shipping Company
- Goods - means the product presented by the Seller via the Online Store's Website.
- Delivery – means the actual act of delivering the Goods specified in the order to the Customer by the Seller via the Supplier.
- Customer – means an entity for which services may be provided electronically or with whom a Contract may be concluded in accordance with the Terms and Conditions as well as legal regulations.
- Consumer - means any natural person performing legal actions with the entrepreneur not related directly to its business or professional activity.
- Terms and Conditions – means these Terms and Conditions.
- Durable Medium - means a material or tool that enables the Customer or Seller to store information addressed personally to that entity in a way that enables to access the information in the future, for a time appropriate for the purposes of the information stored, and that enable to recreate the stored information in an unchanged form.
- Password – means a string of letters, numbers, or other characters chosen by the Customer during Registration in the Online Store, used to secure the access to the Customer's Account in the Online Store.
- Service - means the service presented by the Seller via the Online Store's Website.
- Contract – means a contract concluded at a distance, following the terms specified in the Terms and Conditions, between the Customer and the Seller.
- Online Store's Website – the website in terms of which the kross-europe.eu Online Store operates
- Pickup Points - Authorized Points of Sale where it is possible to collect Goods purchased on the Online Store's Website.
- Seller – the Kross S.A. company carrying out sales via the Online Store's Website.
§ 2. General provisions and using the Online Store
- The Seller uses "cookies" which, when the Customers use the Online Store's Website, are saved by the Seller's server on the hard drive of the Customer's end device. "Cookies" are used to improve the operation of the Online Store's Website on the Customers' end devices. This mechanism does not damage the Customer's end device and does not change the configuration of the Customers' end devices or the software installed on these devices. Each Customer can disable the "cookies" mechanism in the web browser of the end device. However, the Seller indicates that disabling "cookies" may cause difficulties or prevent the use of the Online Store's Website.
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its domain, the Online Store's Website, as well as to templates, forms, logos posted on the Online Store's Website (with the exception of logos and photos presented on the Online Store's Website for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Terms and Conditions and with the consent of the Seller expressed in writing.
- In order to place an order in the Online Store via the Online Store's Website or via e-mail, and in order to use the services available on the Online Store's Website, it is necessary for the Customer to have an active e-mail account.
- It is prohibited for the Customer to provide illegal content and the Customer to use the Online Store, Online Store's Website, or free services provided by the Seller in a manner contrary to the law, decency, or violating the personal rights of third parties.
- It is forbidden to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the interest of the Seller, meaning advertising activities of another entrepreneur or product; activities consisting in posting content not related to the Seller's activities; activities consisting in posting false or misleading content.
§ 3. Registration
- In order to create a Customer Account, the Customer is obliged to carry out a registration free of charge.
- Registration is not necessary to place an order in the Online Store.
- In order to Register, the Customer should complete the registration form provided by the Seller on the Online Store's Website and send the completed registration form electronically to the Seller by selecting the correct function included on the registration form. During Registration, the Customer determines an individual Password.
- When filling out the registration form, the Customer has the opportunity to read the Terms and Conditions, accepting its content by checking a given box in the form.
- During Registration, the Customer may voluntarily consent to the processing of personal data for marketing purposes by checking a given box in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as about the recipients of this data known or expected by the Seller.
- The Customer's consent to the processing of their personal data for marketing purposes does not condition the possibility of concluding a contract with the Seller for the provision of the Customer Account service by electronic means. The consent may be withdrawn at any time by submitting an appropriate declaration by the Customer to the Seller. The declaration may be sent, for example, to the Seller's address via e-mail.
- After sending the completed registration form, the Customer immediately receives a confirmation of the Registration from the Seller via e-mail at the e-mail address provided in the registration form. From this moment, a contract for providing the Customer Account service is concluded by electronic means, and the Customer gains the option of accessing the Customer Account and making changes to the data provided during Registration.
§ 4. Orders
- Information contained on the Online Store's Website does not constitute the Seller's offer, but only an invitation for Customers to submit offers to conclude a Contract.
- A Customer may place orders in the Online Store via the Online Store's Website, 7 days a week, 24 hours a day.
- A Customer placing an order via the Online Store's Website completes the order by selecting the Goods he/she is interested in. Adding Goods or a Service to an order is done by selecting the "ADD TO CART" command under given Goods or a Service presented on the Online Store's Website. After completing the entire order and indicating the method of Delivery and payment in the "CART", the Customer places the order by sending the order form to the Seller, by selecting the "BUY AND PAY" button on the Online Store's Website. Each time before sending an order to the Seller, the Customer is informed about the total price for the selected Goods or Service and Delivery, as well as about all additional costs that the Customer is obliged to incur in connection with the Contract.
- Placing an order constitutes the Customer's submission of an offer to the Seller to conclude a Contract.
- After placing an order, the Seller sends a confirmation of submitting an offer to the e-mail address provided by the Customer, and then sends information about accepting the order for execution to the e-mail address provided by the Customer. Information concerning accepting an order constitutes the Seller's declaration of accepting the offer referred to in §5 paragraph 13 above, and a contract is concluded upon its receipt by the Customer.
§ 5. Payments
- The prices provided on the Online Store's Website are gross prices and do not include information concerning the cost of Delivery and any other costs that the Customer is required to pay in connection with the Contract, about which the Customer will be notified when choosing a method of delivery and ordering.
- The Customer can choose the following payment methods:
- the Tpay online payment system, operated by the company Krajowy Integrator Płatności S.A. with its registered office in Poznań (in this case, the execution of the order will start after the Seller sends the Customer a confirmation of receiving the order and after receiving information from the Tpay system about positively completing the payment);
- the online payment system operated by PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) ("PayPal"). – the use of this form of payment requires to previously create an account with the PayPal payment system (in this case, the order will start after the Seller sends the Customer a confirmation of receiving the order and after receiving information from the PayPal system about positively completing the payment).
- The Customer should pay for the order in the amount resulting from the concluded contract within 24 hours of placing an order.
- In the event of not performing the obligation by the parties to the contract within the strictly defined period resulting from the concluded Contract, the entitled party may, in the event of a delay of the other party, withdraw from the contract without setting an additional period. In the event that no payment for the order is recorded, the Online Store will send the Customer an e-mail confirmation of cancelling the order.
§ 6. Delivery
- The Seller performs the Delivery within the European Union.
- The Seller publishes information concerning the number of Business Days needed for Delivery and execution of a given order on the Online Store's Website.
- The Online Store is not responsible for extending the delivery time due to random situations that the Seller had no control over.
- The Delivery and order completion date indicated on the Online Store's Website is counted in Business Days.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day of sending the Goods to the Customer, information confirming the dispatch of the parcel by the Seller is sent to the Customer's e-mail address.
- The Seller sends a VAT invoice including the delivered Goods to the Customer's e-mail address provided in the order form, in the form of an electronic file in PDF format. In order to open the file, the Customer should possess free software compatible with the PDF format. For this purpose the Seller recommends Adobe Acrobat Reader which can be downloaded free of charge at http://www.adobe.com. In order to receive a VAT invoice, at the time of purchase the User should declare that he/she is purchasing the Goods and/or the Service as an Entrepreneur (taxpayer). The above declaration is submitted by marking a given box in the order form, before sending the order to the Seller.
§ 7. Legal guarantee
- The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods include a physical or legal defect (guarantee).
- If the Goods include a defect, the Customer may:
- a) issue a statement concerning reducing the price or withdrawing from the Contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with non-defective ones or removes the defect. This limitation does not apply if Goods that have already been replaced or repaired by the Seller or if the Seller did not honour the obligation to exchange the Goods free of defects or remove the defects. Instead of replacing the defect proposed by the Seller, the Customer may request the Goods to be replaced for ones free of defects or, instead of replacing the Goods, demand to remove the defect, unless bringing the given items into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess costs, the value of the Goods free from defects, the type and significance of the found defect, as well as the inconvenience to which the Customer would otherwise be exposed are all taken into account.
- b) demand replacing the defective Goods with ones that are free of defects, or to remove the defect. The Seller is obliged to replace the defective Goods with ones free of defects or remove the defects within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to meet the Customer's request if it is impossible for the defective Goods to comply with the Contract in a manner chosen by the Customer or it would require excessive costs compared to the other possible method of compliance with the Contract. The cost of repair or replacement is borne by the Seller.
- Transport costs related to collecting the claimed Goods shall be borne by the Seller. Accepting the Goods will be agreed with the Customer individually after filing a legal complaint.
- The Seller is liable under legal guarantee if a physical defect is found within two years after the Goods are released to the Customer. The claim for removing the defect or replacing the Goods with ones free from defects expires after one year; however, this period may not end before the period specified in the first sentence. Within this period, the Customer may withdraw from the Contract or submit a statement concerning reducing the price due to a defect in the Goods. If the Customer has demanded the Goods to be replaced for ones free from defects or to remove the defect, the deadline for withdrawing from the Contract or submitting a price reduction statement begins with the ineffective expiry of the deadline to replace the Goods or remove the defect.
- The Customer may address any complaints related to the Goods or executing the contract in writing to the address of the Seller.
- Within 14 days from the date of the request containing the complaint, the Seller will reply to the complaint concerning given Goods or complaint related to the implementation of a Contract submitted by the Customer. The Seller will contact the Customer regarding the collection of the Goods.
- The Customer may also submit a complaint to the Seller in relation to performing the Contract, the subject of which consists in the provision of Services. The complaint may be submitted in electronic form and sent to the following address: email@example.com. In the complaint, the Customer must include a description of the problem. The Seller shall promptly; however, no later than within 14 days, consider the complaint and provide a reply to the Customer.
- The Customer may file a complaint to the Seller in connection to using free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: firstname.lastname@example.org. In the complaint, the Customer must include a description of the problem. The Seller shall promptly; however, no later than within 14 days, consider the complaint and provide a reply to the Customer.
§ 8. Manufacturer's warranty
- Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or the distributor.
- In the case of Goods covered by a warranty, information on the existence and content of the warranty is always presented on the Online Store's Website at the following link:
§ 9 Withdrawal from the contract
- A Consumer and an Entrepreneur with the rights of a Consumer who has concluded a distance Contract may withdraw from it within 14 days without providing a reason.
- The period for withdrawing from a Contract begins with the Goods being taken into possession by a Consumer or Entrepreneur with the rights of a Consumer or a third party indicated by him/her and other than the Supplier.
- A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the Contract by submitting a statement of withdrawal to the Seller via mail to the address email@example.com. The declaration may be submitted via a form available on the Online Store's Website at xyz
- In order to meet the deadline for withdrawing from a contract, it is necessary to report the withdrawal from a contract within 14 days of the Customer acquiring the Goods. Then Seller will then immediately contact the Customer to arrange the date of receipt of the order.
- If the Customer submitted a statement of withdrawing from a Contract before the Seller accepted their offer, the offer ceases to be binding.
- The Seller shall immediately, no later than within 14 days of receipt of the statement of withdrawing from a contract, return to the Customer all payments made by the Customer. The Seller reserves the right to withhold the return of payments until the Goods are delivered to the Seller's registered office.
- The Customer is responsible for reducing the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
- The Customer is not entitled to withdraw from a Contract in relation to contracts in which the Goods are delivered in sealed packaging, which cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging has been opened after delivery.
§ 10. Free services
- The Seller provides, by electronic means, the Customer with free services provided 7 days a week, 24 hours a day:
- Contact form;
- Notification of availability;
- Customer Account;
- Posting opinions
- The Contact Form service consists in sending a message to the Seller using the form placed on the Online Store's Website.
- The Newsletter service can be used by any Customer who enters their e-mail address using the registration form provided by the Seller on the Online Store's Website. After sending the completed registration form, the Customer immediately receives an activation link to the e-mail address provided in the registration form to confirm the Newsletter subscription. When the Customer activates the link, a contract for the electronic provision of the Newsletter service is concluded. During the Registration, the Customer may additionally check a given box in the registration form to subscribe to the Newsletter service.
- The Newsletter service consists in sending electronic messages containing information concerning new products or services included in the Seller's offer to the provided e-mail address. The Newsletter is sent by the Seller to all Customers who have subscribed.
- The Customer can resign from receiving the Newsletter at any moment, by withdrawing the subscription via a link included in each e-mail sent with the Newsletter service or by deactivating a specific box in the User Account.
- The Notification of availability free service consists in sending an e-mail to the Customer informing that a product he/she was interested in is available in the Store.
- The Customer Account service is available after Registration in accordance with the rules described in the Terms and Conditions and consists in providing the Customer with a dedicated panel within the Online Store's Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed.
- A Customer who completed the Registration may submit a request to the Seller to delete the Customer Account; however, in the case of requesting to delete a Customer Account by the Seller, it may take up to 14 days from the request to do so.
- The Posting opinions service consists in enabling the Customers to publish individual and subjective statements regarding the Goods on the Online Store's Website.
- The store cooperates with Trustmate S.A. with its registered office in Wrocław, postal code 50-062, ul. Bartoszowicka 3, KRS 0000737597, nip: 8971854393, in order to monitor and increase the satisfaction of Kross.eu customers by enabling customers to express their opinions concerning the provided services. Thus, the Store provides Trustmate with the order number together with the e-mail address, name, purchased products and form of delivery chosen by customers who made purchases on the kross.eu website. Trustmate will then send a message to the Internet users' mailbox asking for an opinion about Kross.eu. Posting an opinion is completely voluntary. The terms and conditions of the service can be found at: https://en.trustmate.io/user-regulations.
§ 11. Customer's liability for the posted content
- By posting content and sharing it, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be equated with the Seller's business. The Seller is not the provider of content, but only an entity that provides adequate IT resources for this purpose.
- The Customer declares that:
- a) he/she is entitled to use property copyrights, industrial property rights and/or related rights to respective works, items of industrial property rights (e.g. trademarks), and/or related rights items that make up the content;
- b) placing and making available, within the provided services referred to in §11 of the Terms and Conditions, personal data, image, and information concerning third parties took place in a legal manner, voluntarily, and with consent of the people to which they relate;
- c) he/she agrees to allow access to the published content to other Customers and the Seller, and authorizes the Seller to use the content free of charge in accordance with the provisions of these Terms and Conditions;
- d) he/she consents to develop works within the meaning of the Copyright and Related Rights Act.
- The Customer is not entitled to:
- a) posting, as part of using the services referred to in §11 of the Terms and Conditions, personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law;
- b) posting advertising and/or promotional content as part of using the services referred to in §11 of the Terms and Conditions.
- The Seller is responsible for the content posted by the Customers provided that they receive a notification in accordance with §13 of the Terms and Conditions.
- As part of using the services referred to in §11 of the Terms and Conditions, Customers are forbidden to post content, which could in particular:
- a) posted in bad faith, e.g. with the intention of infringing personal rights of third parties;
- b) violate any rights of third parties, including rights relating to protecting copyrights and related rights, protecting industrial property rights, business secret, or connected with the obligations of confidentiality;
- c) offensive or threatening to other people, contain vocabulary that violates good manners (e.g. by using profanity or terms commonly considered as offensive);
- d) contrary to the interest of the Seller, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the Seller's activities; false or misleading content;
- e) otherwise violate the provisions of the Terms and Conditions, decency, applicable law, social or moral norms.
- In case of receiving a notification, in accordance with §13 of the Terms and Conditions, the Seller reserves the right to modify or remove content posted by Customers in terms of using the services mentioned in §11 of the Terms and Conditions, in particular with regard to content, for which, based on the reports of third parties or the appropriate authorities, it was found that they may constitute a violation of these Terms and Conditions or applicable law. The Seller carries out an ongoing control of the posted content.
- The Customer agrees for the Seller to use the posted content free of charge as part of the Online Store's Website.
§ 12. Reporting threat or violation of rights
- In the event that the Customer or another person or entity considers that the content published on the Online Store's Website violates their rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know-how, secret protected by law, or on the basis of an obligation, they may notify the Seller of a potential violation.
- The Seller, notified of a potential violation, takes immediate actions to remove the content that causes the violation from the Online Store's Website.
§ 13. Personal data protection
§ 14. Terminating a contract for the provision of a free service by electronic means
- Both the Customer and the Seller may terminate a contract for the provision of electronic services at any time and without providing a reason, subject to the rights acquired by the other party before the termination of the above contract and the provisions below.
- A Customer, who has performed a Registration, terminates a contract for the provision of electronic services by sending an appropriate declaration of intent to the Seller using any means of distance communication, enabling the Seller to familiarize themselves with the Customer's declaration of intent.
- The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.
§. 15 Final provisions
- The Seller shall be liable for not performing the contract or performing it improperly.
- The Seller shall not be liable for not performing the contract or performing it improperly in connection with random situations over which the Seller had no control.
- In the event of a dispute on the basis of the concluded Contract the parties shall endeavour to resolve the matter amicably. The Customer and the Seller have the right to resolve disputes using the Online Dispute Resolution (ODR) platform at: http://ec.europa.eu/odr
- The Seller reserves the right to amend these Terms and Conditions. All orders accepted by the Seller for execution before the date of entry into force of new Terms and Conditions are executed on the basis of the Terms and Conditions that were in force on the day the order was placed by the Customer. Changes to the Terms and Conditions come into force within 7 days from the date of publishing them on the Online Store's Website. The Seller shall inform the Customer about the changes to the Terms and Conditions 7 days before the new Terms and Conditions enter into force by means of an email containing a link to the text of the amended Terms and Conditions. In the event that the Customer does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller about this fact, which results in terminating the contract.
- Contracts with the Seller are concluded in English.
The Terms and Conditions come into force on the day of: 21.03.2022