User Agreement
Statute
1. GENERAL PROVISIONS
1.1. Online store Knyharnia.eu running at the URL https://knyharnia.eu/ (hereinafter: the Shop) is run by: Dmytro Bykhovtsev Ukrainian Bookstore with its registered office in Poznan, Poland (address of the registered office: Mikolaja Kopernika St., 8, lower ground floor, 61-880 Poznan, Poland), Tax number (NIP): 7822923007, National Business Registry Number (REGON): 525253973, represented by Dmytro Bykhovtsev (e-mail address:byhovcev@live.com, tel.: +48 531 261 808), hereinafter referred to as the Ukrainian Bookstore.
1.2. These regulations define the rules for using the Store, the conditions for placing orders for products available in the Store, the time and rules for order fulfillment, terms and forms of payment, the Customer 's rights to cancel orders and withdrawal from the contract as well as the rules for submitting and examining complaints.
1.3. The store conducts retail sales via a website using means of remote communication. In order to use the Store, it is necessary to be at least 18 years of age and:
having access to the Internet;
having an e-mail address;
installing the latest version of the web browser;
javascript enabled;
installing the Flash Player plug-in;
acceptance of cookie files.
1.4. The Customer is entitled and obliged to use the Store in accordance with its intended purpose and the principles of social coexistence and decency.
1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its elements technical, and from providing unlawful content. It is forbidden to use it for purposes other than its intended purpose, including in particular sending spam, conducting any commercial, advertising, promotional or political activity on the Store 's websites, etc.
1.6. The Store, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions, in functioning caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the Customer 's technical infrastructure.
1.7. Browsing the Store's assortment does not require registration and placing orders by the Customer for products in the Store's assortment does not require registration.
1.8. The buyer, no later than at the time of placing the order, is obliged to read the Regulations and by placing the order confirms that he has read them.
2. CONDITIONS OF ORDER COMPLETION
2.1. Any announcements, advertisements, price lists and other information posted on the Store's website do not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to conclude a contract (Article 71 of the Act of February 17, 2016. Civil Code (Journal of Laws of 2016, item 380, as amended)
2.2. The customer places an order, indicating the products he is interested in, by selecting the "Buy now" command on the Product Page, and then indicating in the Cart (My order) the method of collection, payment and order confirmation.
2.3. In the Cart (My order), the Customer has the next option:
adding and removing products and their quantities;
indication of the address to which the subject of the order is to be delivered and the data necessary to issue an invoice;
confirmation of delivery method (UPS only);
choosing the method of payment (payment by Visa, Visa Electron, MasterCard MasterCard Electronic, Maestro and PayPal);
adding a discount code.
2.4. In the event of a justified suspicion that the Customer has provided untrue data, the Store has the right to withdraw from the order by notifying the Customer accordingly.
2.5. The purchased goods are sent in envelopes or cardboard boxes that do not have any markings that could suggest the contents of the shipment and are sent by a neutral sender whose name is not related with industries.
2.6. Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be considered only on the next working day.
2.7. The store reserves the right to temporarily suspend its operations for the purpose of carrying out maintenance, development and modernization works.
2.8. If the Customer chooses the payment method in the form of intermediaries in the transaction, the lack of payment within 5 days of placing the order will result in cancellation of the order. In such a situation, the Customer may place the order again. The execution of an order paid by bank transfer or credit card begins with the receipt of payment for the goods.
2.9. In the event that the performance of an order or part thereof is not possible within the prescribed period , the Store may offer the Customer:
2.9.1. cancellation of the entire order (if this option is selected by the Customer, the Store will be released from the obligation to fulfill the order);
2.9.2. canceling the order in the part in which the implementation is not possible within the prescribed period (if this option is selected by the Customer , the order will be carried out in part, and the Store will be released from the obligation for its implementation in the remaining scope);
2.9.3. implementation of a substitute service , which will be confirmed with the Customer. An order based on a substitute service, after approval by the Customer, will be treated as final;
2.9.4. dividing the order and setting a new deadline for completion in relation to that part of the order which cannot be completed within the originally set deadline (if this option is selected by the Customer, sending ordering products will be made in several separate shipments, and the Customer will bear additional costs related to dividing the order into several shipments).
2.10. In the absence of the ordered product in the Store or the inability to fulfill the Customer 's order for other reasons, the Store will inform the Customer by sending information to the email address provided during registration within 7 (seven) days, counting from the date of conclusion of the contract.
2.11. If the payment for the subject of the order, which could not be completed in whole or in part, was made in advance, the Store will return the paid amount to the Customer the amount (or the difference) within 14 (fourteen) days from the date of sending the information, on the terms specified in detail in section IV of these Regulations.
2.12. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store is not responsible for failure to deliver or delay in delivering the subject of the order in to the fullest extent permitted by law.
2.13. The Store may post on the Store's website presenting a given product information on the number of working days, i.e. days of the week from Monday to Friday , excluding public holidays, within which the shipment with the subject of the order will be sent. Above-mentioned information is an indicative time counted from the moment of accepting the order for execution until the moment of sending the subject of the order to the Customer, in the manner chosen by him of these products.
2.14. Individual orders (on request) can be placed via the Store's e -mail address or by phone. In this case, the Store will make an approximate valuation and send it to the e-mail address indicated by the customer.
2.15. The store serves customers in Europe only.
3. PRODUCT PRICES AND SHIPPING COSTS
3.1. The prices placed next to the product offered by the Store include VAT and are given in Euro.
3.2. The price given for the product does not include information on shipping costs.
3.3. The Store reserves the right to change the prices of goods in the Store , introduce new goods for sale, carry out and cancel promotional campaigns or make changes to them in accordance with the standards of the Civil Code and other Acts, however, such changes do not infringe the rights of persons who concluded contracts for the sale of goods offered by the Store before making the above-mentioned changes. Changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
3.4. Shipping costs are added to the sum of ordered products and are borne by the Customer.
3.5. When collecting the parcel delivered by the courier, it is recommended that the Customer check the condition of the outer packaging of the parcel in his presence. In the event of damage to the packaging of the shipment , the Customer is recommended that the Customer, together with the courier, draw up a damage report in two identical copies signed by the Customer and the courier. Failure to comply with the recommendations does not affect the possibility of lodging a complaint in the Store.
3.6. When collecting the parcel, the Customer should check the condition of the parcel and, in case of any reservations, select the complaint option and follow the displayed instructions. Failure to comply with the recommendations does not affect the possibility of lodging a complaint in the Store.
4. ACCEPTABLE FORMS OF PAYMENT
4.1. Payment for the goods to be delivered can be made :
4.1.1. by Visa, Visa Electron, MasterCard MasterCard Electronic, Maestro.
4.1.2. by PayPal.
4.2. The funds are returned in the same form in which the payment was made by the Customer, unless the Customer has expressly agreed to a different method of return, which does not bind for him at no cost .
5. COMPLAINTS AND RETURNS
5.1 The customer has the right to withdraw from the concluded contract without giving any reason and incurring costs. The contract which has been withdrawn from is considered void .
5.2 In the event of an intention to withdraw from the contract, the Customer submits a written statement of withdrawal from the contract and sends it to the Store within 14 days from the date of delivery of the goods, and if the goods are delivered in parts , from the delivery of the last part. To meet the deadline, it is enough to send a statement before its expiry to the address of the Store or a scan of the signed statement to the e-mail address of the store orders@knyharnia.eu.
5.3. In the case referred to in § 1, the customer is obliged to return the purchased goods immediately, not later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to send the goods before its expiry. The cost of returning the goods is borne by the customer.
5.4. In the case referred to in § 2, the Store is obliged to transfer to the Customer the amount paid for the goods covered by the return within a period not longer than 14 days from the date of submission of the declaration of will to withdraw. The store is not obliged to reimburse the Customer for the shipping costs incurred.
5.5. The Store will refund the payment using the same method as used by the Customer, unless the Customer agrees with the Store on a different method of return, which does not involve any costs. The store withholds the return of payments received from the customer until receipt of the goods return or the provision by the Customer of proof of its return, whichever occurs first. The Store will also correct the proofs of purchase previously provided to the Customer (adjusting VAT invoice or correcting specification).
5.6 If the Customer has sent a statement of withdrawal from the contract before receiving confirmation of the order, the order is canceled.
5.7. The customer is responsible for the decrease in the value of the goods resulting from the use of in a way that goes beyond what is necessary to establish the nature, characteristics and properties of the goods.
5.8. The above provisions do not apply to individual orders (on request) described in § 2 sec. 16, and to the products indicated in Appendix No.1 to these Regulations (list of non - returnable products), which, pursuant to art. 38 of the Act on Consumer Rights are not refundable - The right to withdraw from an off - premises or remote contract is not available to the consumer in relation to contracts:
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,
in which the subject of the service is an item delivered in a sealed package, which can not be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery.
5.9. The customer has the right to make a complaint in the event of non -compliance of the goods with the contract . The customer submits a complaint in this respect in writing or by e -mail within 14 days from the date of delivery of the goods. Correspondence address and e-mail address are specified in § 1 section 1 and § 5 sec. 2. A complaint may include one of the following demands: price reduction, defect removal, replacement of the goods with defect-free ones or a statement of withdrawal from the contract.
5.10. The store may demand that the complaint be supplemented by sending it to the address indicated in the request for supplementing the complaint, copy or scan of the proof of purchase (e.g. VAT invoice or specification), packaging of the shipment in which the goods under complaint have arrived or the goods that are the subject of the complaint. The complaint will be considered within 14 days from the date of its submission, if it is complete , or supplemented , if required . Delivery of the goods to the Seller under the conditions set out in this paragraph is at the expense of the Store.
5.11. If the complaint is considered justified, the Store immediately informs the Customer about it makes , depending on the request: price reduction or sends the Customer full - fledged goods , and in the absence of such a possibility, returns the amount due to the Customer by postal order to the indicated address or by bank transfer to the account. The store issues the appropriate correction to the customer 's proof of purchase (adjusting VAT invoice or correcting specification).
5.12. The use of a specific method of out- of- court dispute resolution is possible only with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court settlement of disputes between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection Consumers: www.uokik.gov.pl, on the websites of the Provincial Inspectorates of the Trade Inspection as well as poviat (municipal) consumer ombudsman.
5.13. To the extent not regulated in these Regulations, to determine the rights and obligations of the Customer and the Store in the event of a defect in the goods, the provisions of the Civil Code shall apply, in particular the provisions of the sales warranty.
6. " COOKIES " FILES
6.1. The store does not automatically collect any information, except for information contained in cookie files.
6.2. Cookie files (so-called "cookies") are IT data, small pieces of information sent by the website and stored on the Customer 's end device (computer, laptop, smartphone) necessary for the proper functioning of the website or functionally which the Client wants to use. These files contain various information necessary for the proper functioning of the website, usually it is the name of the website, their personalization and login information.
6.3. The Store uses cookies to adjust the content of the Store 's websites to the Customer's preferences and to optimize the use of websites. They allow to recognize the Customer's device and display a website tailored to his individual preferences, as well as to create statistics that will help understand how the Customer uses the Store and thus improve the structure and content of the Store.
6.4. The store divides the stored cookies due to the time for which they are placed in the Customer's end device and distinguishes:
1. Temporary cookies (session cookies) - used only during the current session of the Customer and deleted after its closure.
2. Persistent cookies - they are not deleted after closing the current session and are stored on the Customer's computer for a specified period of time or without a validity period, depending on individual settings of the website owner.
6.5. The customer may at any time delete the cookies on his computer. The Store informs that the removal , exclusion or limitation may affect the proper functioning of the Store or some of its components.
6.6. The store distinguishes cookies also in the following way:
1. Functional - enabling the correct use of the Store,
2. For security - enabling safe use of the functionality of the Store,
3. Authentication - enabling the maintenance of the so -called Customer login session,
4. Advertising - enabling the display of personalized advertisements,
5. Configuration - enabling configuration of the Store 's function and service settings.
6.7. Detailed information on the possibilities and ways of handling "cookies" files are available in the software (web browser) settings .
6.8. Cookie files placed on the end device of the Store Customer and may also be used by advertisers and partners cooperating with the Store operator.
7. REFUNDS
7.1. The store will refund the amount due within 14 calendar days using the same payment methods that were used by the customer in the original transaction, in the case of:
7.1.1. canceling the order or part of the order (in which case the relevant part of the price is refunded ) paid in advance before its implementation ;
7.1.2. return of the product (withdrawal from the contract) from the order that was delivered by any postal service at his own expense;
7.1.3. acceptance of the complaint and the inability to repair the damaged product or replace it with a new one;
7.1.4. recognition of the right to demand a reduction in the price of the product.
7.2. The store will refund the money to the customer's bank account (including those associated with the customer's credit or payment card) or by postal order (the customer bears the cost of the transfer) - if the order was paid:
7.2.1. in advance by bank transfer or credit card;
7.2.2. upon receipt at the courier, parcel locker or post office.
8. NEWSLETTER
8.1. The customer may agree to receive commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or via the website. If such consent is given, the Customer will receive the Store 's information bulletin (Newsletter) to the e -mail address provided by him/her.
8.2. The customer may unsubscribe from the Newsletter at any time by submitting a request to the data administrator or by clicking on the deactivation link in each Newsletter message .
9. FINAL PROVISIONS
9.1. The Owner informs and the Customer acknowledges that using the Internet may involve a risk in the form of damage that the Customer may incur as a result of threats occurrences on the Internet, in particular hacking into the Customer's IT system, taking over passwords by third parties, infecting the Customer's IT system with viruses.
9.2. To the fullest extent permitted by law, the Store is not responsible for blocking by administrators of e -mail servers the sending of messages to the e - mail address indicated by the Customer and for deleting and blocking e-mail by software installed on the computer used by the Customer.
9.3. Differences between the visualization of the product resulting from the individual settings of the Customer 's computer (color, proportions, etc.) and the actual appearance of the product cannot be the basis for a complaint . In such a case, the customer has the right to withdraw from the contract in accordance with the provisions of point V of these Regulations.
9.4. The owner informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, photos posted on the Store's websites are subject to legal protection and are used by the Store only for information purposes .
9.5. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.
9.6. The owner points out that the Store contains content protected by intellectual property law, in particular works protected by copyright ( content posted in the Store, layout, graphics, photos, etc.). Customers and people visiting the Store undertake to respect intellectual property rights ( including proprietary copyrights and industrial property rights , such as rights resulting from the registration of trademarks ) in trademarks) to which the Owner and third parties are entitled . The Store's customer or the person visiting the Store's website is solely responsible for non - compliance with the provisions of this point.
9.7. Customers may not post content that is inconsistent with applicable law, immoral and infringing the welfare of third parties, and Customers are also prohibited from posting links to pornographic, obscene or insulting the dignity of other people.
9.8. The Store undertakes to inform the registered users of the Store about each change in the regulations by sending them an electronic message to the e - mail addresses provided during registration, and the Customer, after receiving such information, will be able to delete your account at any time.
9.9. In matters not covered by the Regulations, the applicable provisions of Polish law shall apply, including in particular the Civil Code, the Act on specific terms and conditions of consumer sales and amendments to the Civil Code, as well as the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product .
Communication on out-of - court dispute resolution
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation ( EC) No. 2006/2004 and Directive 2009/22/ EC (Regulation on ODR in consumer disputes), Dmytro Bykhovtsev Ukrainian Bookstore with its registered office in Poznan, Poland, hereby provides an electronic link to the online ODR (online dispute resolution) platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court settlement of disputes between entrepreneurs and consumers . Settlement of disputes using this method is voluntary