Terms and conditions

KRADEX Online Shop Terms and Conditions

(applicable from 17/06/2021)

I. General terms and conditions

1. The online shop located at kradex.com.pl (hereinafter referred to as the Shop or Online Shop) allows you to make purchases via the Internet.

2. The kradex.com.pl shop is run by the company:

KRADEX Krzysztof Radzikowski
ul. Naddnieprzańska 32
04-205 Warsaw

KRADEX Krzysztof Radzikowski is entered in the Central Registration and Information on Business and uses the following identification numbers on the market:

NIP: 1130018766

REGON: 010152191

3. Mailing address:

KRADEX, ul. Naddnieprzańska 32, 04-205 Warsaw
phone: (+48 22) 613-08-88
fax: (+48 22) 812-10-68

e-mail: kradex@kradex.com.pl

4. Purchasing from the kradex.com.pl Online Shop means acceptance of these Terms and Conditions. The Customer confirms reading the content of the Terms and Conditions and their acceptance when confirming the order.

II. Processing of personal data

5. The Controller of Personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR”), is Krzysztof Radzikowski, running a business under the name Kradex Krzysztof Radzikowski, ul. Naddnieprzańska 32, 04-205 Warszawa (hereinafter the “Controller” or “Kradex”).

6. The Controller has appointed a Data Protection Officer who can be contacted in all matters related to the protection of personal data by writing to the following address: iod@kradex.com.pl

7. Personal data is provided directly by the Customer. Providing personal data is a contractual requirement. Failure to provide personal data may result in the inability to create an account in the Online store and the inability to make a purchase.

8. Account users are obliged to inform the Controller of any change in the scope of their personal data.

9. The processing of personal data is carried out in accordance with applicable law, in particular in accordance with the provisions of the GDPR and relevant national regulations.

10. Purpose and legal basis of personal data processing.

We process the collected personal data:

  • in order to perform the sales contract or to take action before its conclusion, including delivery of goods or services to the Customer, pursuant to art. 6 para. 1(b) of the GDPR;
  • in the case of creating an account in the Online store, the Customer's personal data will be processed in order to perform the contract for the provision of electronic services in the form of account management, pursuant to art. 6 para. 1(b) of the GDPR;
  • in order to issue and store invoices, including accounting documents pursuant to art. 6 para. 1(c) of the GDPR in connection with art. 74 para. 2 of the Accounting Act and other specific provisions;
  • in order to handle the right to withdraw from the contract and to lodge complaints within the time limit and in the form provided for by law, pursuant to art. 6 para. 1(c) of the GDPR;
  • in order to establish and pursue claims and defend against claims arising from business activity, which is the legitimate interest of the Controller of the processed data, pursuant to art. 6 para. 1(f) of the GDPR;
  • in order to market own products and services, for this purpose, the Customer may receive information from the Controller about special offers and discount campaigns, based on the Controller's legitimate interest, i.e. art. 6 para. 1(f) of the GDPR;
11. We process personal data for the time:

  • necessary to perform the sales contract, and then for the time necessary to demonstrate the performance of this contract, i.e. the length of the limitation period for claims;
  • in the case of having a user account for the duration of the account. i.e. for the time necessary to perform the contract for the provision of electronic services concluded as part of the Website, and after that time for the period of limitation of claims;
  • of storing accounting and tax documentation resulting from the relevant provisions of law, i.e. until the relevant storage periods expire;
  • enabling the consideration of complaints, including storage until the claims are time-barred or the archiving obligation resulting from legal provisions expires;
If we process personal data on the basis of a legitimate interest, in particular for direct marketing purposes, we store the data until the Customer objects to such processing. After this time, the data will no longer be processed for this purpose, i.e. direct marketing, but its further storage may be necessary due to the performance of the contract or legal regulations.

12. In order to achieve the processing purposes described above, Kradex may share personal data of the Customers with the following categories of recipients:

  • entities that support us in the activities necessary to perform the contract, including those carrying out the delivery of goods, payment operators;
  • entities cooperating in the organisation of marketing campaigns;
  • entities purchasing receivables – if the Customer fails to pay the invoices on time;
  • entities cooperating with Kradex in handling accounting, tax and legal matters;
  • public authorities or entities performing public tasks on the basis of lawful requests to the extent resulting from the request.
Kradex shall not transfer personal data outside the European Economic Area.

13. The Customers have the following rights resulting from the GDPR:

  • Right of access – the Customer may request information about the processing of personal data, and we will provide information on the processing of data, including, in particular, the purposes and legal grounds for processing, the scope of data held, entities to which they are disclosed and the planned date of deletion;
  • Right to obtain a copy of the data – on request, we will provide a copy of the personal data we process;
  • Right to rectify – the Controller is obliged to remove or correct any inaccuracies or errors of personal data processed and supplement it if it is incomplete;
  • Right to delete – the Customer may request the data to be deleted if its processing is no longer required for the purposes for which it was collected;
  • Right to limit the processing – if such a request is made, we will cease to perform operations on personal data, in accordance with the adopted retention rules or until the reasons for limiting data processing cease to exist (e.g. a decision of the supervisory authorities permitting further data processing is not issued);
  • Right to transfer the data – on this basis – to the extent that the data is processed in connection with the concluded contract or consent – as the Controller, we will issue the data provided by the Customer in a format that can be read by a computer. It is also possible to request that this data be sent to another entity – but only on condition that there are technical possibilities in this regard, both on our side and that of the other entity;
  • Right to object – the Customer has the right to object to the processing of personal data for marketing purposes at any time, without the need to justify such objection. The Customer may also, at any time, object to the processing of personal data carried out on the basis of our legitimate interest as the Controller (e.g. for analytical or statistical purposes);
  • Right to lodge a complaint – if the Customer considers that the processing of its personal data violates the personal data protection regulations, it may submit a complaint to the President of the Office for Personal Data Protection, whose seat is located in Warsaw at ul. Stawki 2 (00-193) (https://uodo.gov.pl).
14. When exercising the above rights, we may ask for confirmation of the Customer’s identity in order to verify it.

15. In order to exercise these rights, please contact us at the following address: iod@kradex.com.pl

16. Kradex shall make every effort to provide all means of physical, technical and organisational protection of personal data against accidental or deliberate destruction, accidental loss, change, unauthorised disclosure, use or access, in accordance with all applicable regulations.

17. The Customer shall bear the responsibility for providing false personal data.

18. Detailed information on the processing of personal data by Kradex can be found in the Privacy policy.

III. Order placement and completion procedure

19. The Order can be placed via the Online store by adding a product to the basket and then by clicking the ”Order” button. During the “Order” submission procedure, prior to its approval, the Customer selects the delivery method for the purchased goods, the payment method and accepts the provisions of these Terms and Conditions by selecting the appropriate link. After correctly completing the activities described in the preceding sentence, the Customer approves the order.

20. To improve the procedure of “Order” processing, it is recommended to set up a user account, thanks to which the Customer is able to monitor the current Order status. However, it is also possible to place an order without creating a user account.

21. The basic condition for the implementation of purchases is the correct provision of contact details along with the correct, existing email address and telephone number through which it will be possible to confirm the order. If the Customer provides incorrect or non-existent data, which prevents Kradex from confirming the Order, the Order will not be processed. The Customer bears the risk of providing incorrect address data when placing the Order, in particular the risk of accidental loss of the ordered goods sent to the address indicated in the Order.

22. The Orders can be placed 24 hours a day, throughout the year. Orders placed on working days after 11:00 AM, on Saturdays, Sundays and holidays will be accepted for completion on the next business day. Business days are all days of the week, except for Saturdays, Sundays and days recognised by separate regulations as statutory holidays, as well as days on which Kradex is closed. Kradex shall inform about the dates when the company is closed on its website (www.kradex.com.pl) in advance.

23. In the event of circumstances completely or temporarily preventing the Order execution, Kradex reserves the right to suspend the execution of the Order. It undertakes to immediately notify the Customer about such situation.

24. The Orders with incorrect contact details will not be considered in the event of: failure to provide or incorrect Tax Identification Number (NIP), failure to provide the email address, no contact phone number and company details, no shipping address. Kradex shall not be held liable for incorrectly addressed shipment if an incorrect address is provided.

25. Immediately before placing an order, the Customer will be informed about the main features of the service provision (of the ordered goods), the total price for the said provision with VAT for Customers with Polish Tax Identification Number (NIP), the price for the transport of the first shipping carton and any handling fees. If a prepayment is selected as the form of payment, the Customer receives a proforma invoice with the binding amount to be paid and bank details for payment. In the event of withdrawal from the contract, the Office shall inform about the transport costs for the return of the purchased goods. Before placing an order, the Customer is also obliged to confirm that they are aware that placing an order entails the obligation to pay. To confirm the Order, the Customer shall use the button marked with a legible inscription “Order with obligation to pay”.

26. After placing the order, the Customer receives an e-mail to the provided account, an automatically generated message from the Shop which constitutes confirmation of the conclusion of the contract for the sale of goods. After completing the packaging process in the case of shipment, the Customer will receive an email from the GLS system to the email address indicated in the Order, informing about the preparation of the package for shipment. In the case of a personal collection, the Customer will receive an email to the email address indicated in the Order about the possibility of collecting the Order. This is tantamount to finalising the completion of the placed Order on the side of Kradex.

27. Prices in the Kradex Online store at: www.kradex.com.pl are given in the selected currency and include VAT (they are gross prices). The quoted prices do not include shipping costs and possible handling fee.

28. A handling fee of PLN 15 net is added to orders with net value below PLN 100. The Customer shall be informed about the need to pay the handling fee due to the low value of the Order during the ordering process, using a special instruction on the screen. Information about the total value of the order is presented on the Shop website after the Customer selects delivery and payment method.

28. Due to the declared state of the COVID-19 pandemic, handling fees were cancelled until the end of 2020.

29. The following forms of payment are allowed in the Shop:

  • bank transfer to the account of Kradex (in the case of Customers placing the first Order – it is necessary to make a prepayment of 100% of the ordered goods; other Customers have a maximum of 14 days for payment),
  • cash on delivery – upon collection of the Order from a representative of the GLS courier company,
  • cash – in the case of personal collection from the Shop.
30. Kradex shall issue a VAT invoice for the purchased goods. In order to receive a VAT invoice, the Customer must correctly fill in the company data together with the NIP in the order form. The VAT invoice shall be attached to every shipment.

31. Shipments of goods in Poland are carried out by the GLS courier at the expense of the recipient or by RABEN in case of pallet shipment. The goods are shipped to the address indicated by the Customer in the Order. The delivery time declared by the courier company is 24-48 hours from the moment of pick-up of goods from the Shop.

32. In the case of shipment of goods carried out abroad, the date and cost of delivery are determined by the Shop directly with the Customer from time to time.

33. Kradex does not execute Orders with the participation of external courier companies.

34. A GLS courier picks up shipments from Monday to Friday around 2 p.m.

35. The shipping cost depends on the volume of ordered goods (the number of cartons shipped) and the selected payment form.

  • The cost of shipping for prepayment (transfer to the Kradex’s account) for 1 carton up to 30 kg is PLN 15 net + VAT.
  • The cost of shipping with cash on delivery for 1 carton up to 30 kg is PLN 18 net + VAT.
36. Prepayments to the Kradex account shall be made by the Customer after receiving the pro-forma invoice to the email address indicated in the Order. The original copy of the VAT invoice shall always accompany the shipment.

IV. Withdrawal from the contract by Customers who are consumers - refunds

37. Consumer definition - a natural person, concluding with the Seller a sales contract not related directly to its business or professional activity,

38. A Customer who is a consumer has the right to withdraw from a remote contract concluded with the Shop within 14 days without giving any reason and without incurring any costs, except for the costs described further in these Terms and Conditions (costs of returning the item in the case of withdrawal from the contract). If the Customer uses the option to withdraw from a remote contract, it shall be considered not concluded. Upon withdrawal from the concluded contract, the returned goods must be sent in an intact form, without any trace of use, and in the original packaging. Exceptions are products customised to match the Customer’s specific order. In this case, Kradex reserves the right to refuse to accept the goods.

39. The period for withdrawing from the contract referred to in the preceding point begins from the date of receipt of the Order by the Customer or a third party designated by it, other than the carrier, and in the case of a contract that includes many items that are delivered separately, in batches or in parts – from the Customer's receipt of the last item, batch or part, and for other contracts – from the date of conclusion of the contract.

40. In order to exercise the right of withdrawal from the contract, the Customer must inform Kradex to the address specified in point 2 of the Terms and Conditions about its decision to withdraw from the contract by means of an unequivocal statement. The letter containing the declaration of withdrawal from the contract may also be sent by email to the following address: kradex@kradex.com.pl.

41. A model contract withdrawal form can be found below:

MODEL CONTRACT WITHDRAWAL FORM
(this form must be filled in and sent back only when the Customer should wish to withdraw from the contract)
- Addressee: KRADEX, ul. Naddnieprzańska 32, 04-205 Warsaw, fax: (+48 22) 812-10-68
- I/We (*) hereby inform about my/our (*) withdrawal from the contract of sale of the following articles (*) supply contract for the following articles (*) contract for work consisting in the performance of the following articles (*) /for the provision of the following service (*)
- Date of conclusion of the contract (*)/collection (*)
- Full name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s)
- Date
(*) Delete as appropriate.

42. In order to keep the deadline for withdrawal from the contract, it is sufficient for the Customer to send information regarding the exercise of their right to withdraw from the contract before the expiry of the withdrawal period.

43. In the event of withdrawal from this contract, Kradex shall refund the Customer for all payments received, including delivery costs of items, immediately, and in any event no later than 14 days from the date on which we were informed of the decision on exercise of the right of withdrawal from this contract. Kradex will refund the payment to the account indicated by the Customer. Kradex reserves the right to withhold the payment refund until receiving the articles or being presented with proof of their return, whichever happens first.

44. Returned goods should be sent back to the address provide in point 2 of the Terms and Conditions, immediately and in any event no later than 14 days from the date on which the Customer informed Kradex about the withdrawal from the contract. The deadline is met if the goods are returned before the expiry of 14 days. Please attach the received proof of purchase (invoice or receipt) to the returned goods.

45. In the event of withdrawal from the contract, the Customer shall be obliged to bear the costs of returning the goods to Kradex, to the address indicated in point 2 of the Terms and Conditions.

46. The Customer shall not have the right to withdraw from the remote contract concluded with Kradex, in relation to the contracts:

  • for provision of services, if the Shop has performed the service in full with the express consent of the Customer, who has been informed prior to the commencement of the service provision that after fulfilment of the provision by the Shop, the Customer will lose the right to withdraw from the contract,
  • where the price or remuneration depends on fluctuations in the financial market, over which the Shop has no control and which may occur before the expiry of the withdrawal period,
  • where the subject of the service provision is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to satisfy its individual needs, i.e. the so-called customized products.

V. Complaints

47. The Shop is obliged to deliver goods without defects.

48. If it turns out that the delivered goods have defects, the Customer has the right to use the rights under the warranty, in accordance with the provisions of the Civil Code.

49. The Customer is obliged to submit a complaint by sending a notification by email to the following address: reklamacje@kradex.com.pl. In the event of a complaint, the Customer should send the complained goods together with a description of the defects to the Shop (to the address provided in point 2 of the Terms and Conditions).

50. The following should be attached to the Notice of complaint:

  • a picture of the cardoboard packaging
  • photo of the defective goods;
  • photo of the purchase document.
51. The complaints are considered within 14 days from the date of their submission and delivery of the goods complained about to the Shop.

52. If the complaint is considered justified, Kradex will provide the Customer with goods free from defects. In the absence of the ordered goods free of defects, Kradex will inform the Customer about this fact by email or by phone, and then, at the Customer's choice, it will refund the amount paid for the defective goods to the indicated bank account within 14 business days from the complaint decision, or will send another product at the same price, chosen by the Customer.

53. For the avoidance of doubt, Kradex declares that none of the provisions of the Terms and Conditions restrict the Customer's rights to which the Customer is entitled under the Civil Code, as well as other provisions strictly applicable in the territory of the Republic of Poland.

VI. Final provisions

54. In order to properly use the Shop, the Customer is required to use the latest available web browsers supporting secure SSL encryption protocols: TLSv1.2/TLSv1.1 with AES128 or better, such as the latest versions of Microsoft Edge, Mozilla Firefox, Opera, Google Chrome, Safari, etc.

55. The Online Shop shall not be responsible for blocking the transmission of messages by administrators of mail servers to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.

56. Recording, securing, making available to and confirming with the Customer the relevant provisions of the Contract for the sale of goods shall take place by sending a confirmation, order specification or VAT invoice attached to the shipment to the Customer to the provided e-mail address.

57. Any questions or concerns related to the functioning of the Online Shop may be reported by the Customer by e-mail to the address: kradex@kradex.com.pl.

58. The Online Shop reserves the right to change the provisions of these Terms and Conditions. The Customer will be informed about any changes to the Kradex Online Shop Terms and Conditions the next time the Customer logs in at www.kradex.com.pl and asked to accept the changes.

59. Changes to the Terms and Conditions shall enter into force on the date specified by the Online Shop, however, not less than 7 days from the date of their posting at www.kradex.com.pl. The content of the new Terms and Conditions will be published on www.kradex.com.pl.

60. The provisions of the Terms and Conditions in the wording in force at the time of order placement shall apply to the orders placed before the entry into force of changes to the Kradex Online Shop Terms and Conditions.