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General terms and conditions
The following Terms and Conditions (Terms) apply to all purchase orders in our online shop available at https://saketos.co.uk, operated by Saketos sp. z o.o. based in: Biedrzychowicka 2, Sieniawka 59-921, Poland, NIP (tax identification number): PL6152069414, REGON (statistical identification number): 524076026.
Our business activity is registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the Ministry of Economic pursuant to the provisions of the Act on Freedom of Economic Activity.
1. Scope
The terms apply to all orders placed via our online shop by consumers and traders.
"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
"Trader" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
For traders the following applies: If the trader uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, formation of contract, correction facilities
The contract is concluded with Saketos sp. z o.o.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: English
We save the text of the contract and forward the order data to you by e-mail. You may also view our General Terms in our online shop, section “Terms and conditions of use”.
4. Delivery conditions
All prices include VAT. Delivery costs may apply in addition to the product price. Further information about the delivery costs can be found at the offer and in the shopping basket.
We only dispatch goods en route; pick up by the customer is not possible.
We do not deliver to a "Packstation".
5. Payment
The following payment methods are basically available in our online shop:
Payment in advance
If you select payment in advance we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
Credit Card
With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, the payment transaction will be automatically carried and your card will be charged.
PayPal
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Skrill
After placement of the order, you will be forwarded to the online Skrill website. To pay the invoice amount via Skrill, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be executed by Skrill directly after this.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Traders are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For traders, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. Among traders, the duty to inspect and give notice of defects applies. The goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been deliberately concealed by us.
9. Warranty and guarantees
For consumers the following applies: we are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Complaints can be submitted by:
e-mail: [email protected]
post: Saketos sp. z o.o. ul. Biedrzychowicka 2, 59-921 Sieniawka, Polska
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. If, because of the kind of the thing or the manner of its assembly, it would be excessively difficult for the buyer to deliver the thing, the buyer shall be obliged to render the thing available for the seller at the place at which the thing is located.
Applicable to traders: our liability under statutory warranty for defects is excluded due to 558 § 2 of Kodeks Cywilny (Polish Civil Code). Exclusion or limitation of liability under statutory warranty for defects is ineffective if the seller has deceitfully concealed a defect from the buyer.
Applies for both consumers and traders: for some products additional guarantees may apply; information about any additional guarantees (e.g. producer guarantee) and their precise conditions can be found next to the product or on distinct information pages in the online shop, if applicable.
Customer service: Working days from Monday to Friday (8:00 - 16:00)
10. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for deliberately or grossly negligent breach of duty
- for guarantee commitments, where agreed
- insofar as the scope of application of the Consumer Rights Act 2015 is open
- in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated. Ceteris paribus, claims for compensation for damages are excluded.
11. Online dispute resolution
We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Dolnośląski Wojewódzki Inspektor Inspekcji Handlowej we Wrocławiu, ul. Ofiar Oświęcimskich 15a, 50-059 Wrocław, Poland, http://wiih.ibip.wroc.pl/public/.
Furthermore, the European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
12. Final provisions
If you are a trader, Polish law applies, to the exclusion of the UN Sales Convention.
If you are a trader, public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.