Terms and conditions

Online Shop (hereinafter Shop) available at the online address www.kresz.pl is run by the company Kresz Sp. z o.o., based in Sopot (81-856), at ul. Rzemieślnicza 39, registered in the Register of Entrepreneurs kept by the District Court in Gdańsk, VIII Commercial Department of National Court Register, under (KRS) number 0000076131, Tax Identification Number (NIP) 5842446124, Business ID (REGON) 19025705900000 (hereinafter Seller).

I. General provisions

Goods in the Shop are sold only to entrepreneurs, purchasing goods for futher resale, not being consumers within the meaning of Article 221 of the Act of 23 April 1964 Civil Code (Journal of Laws No. 16, item 93 subsequent amendments, hereinafter the Civil Code).
The Terms and Conditions are continuously available on the website www.kresz.pl, in a manner allowing each user to obtain, reproduce and preserve the content thereof by printing or saving it on an external carrier.
Acceptance of the Terms and Conditions is voluntary, but necessary to create a user account and for the Client to place an order.
The information in the Shop, in particular advertisements, announcements, price lists and other information, does not constitute an offer within the meaning of the Article 66 and 661 Civil Code, constitute an invitation to conclude a agreement within the meaning of Article 71 of the Civil Code.

II. Technical requirements

In order to use the services of the Shop via the website, including browsing its assortment and placing orders, it is necessary to have a computer or mobile device enabling the use of Internet resources, an active e-mail box and a web browser with cookies enabled to view websites.

III. Conditions of concluding a sales agreement

A condition of using the Shop is registration by creating a user account on the Shop’s website, which is done by selecting the "Register" option.
During the registration process it is required to enter the company data (name, address, telephone, e-mail address, NIP) and to create a password.
In order to complete the registration procedure in the Shop, it is necessary to accept the Terms and Conditions and the Privacy Policy.
The login and password will be generated after verification of the customer data by the Shop. Information on creating an account or refusing to create it will be sent by e-mail. As soon as the Shop has approved the data provided during the registration process, the customer will receive full access to the Shop.
In order to place an order, the buyer logs in to the user account and then selects the products buyer is interested in, taking further technical steps based on the information displayed and the commands available on the site.
The choice referred to in paragraph III. 5 is made by adding products to the basket.
Then, the buyer selects the method of delivery and the payment method for the order, as well as provides the data necessary to complete the order.
An order is placed when the buyer confirms its contents and accepts the Terms and Conditions by selecting "Order and pay".
Then the Shop immediately sends an automatic message to the customer's email address to confirm that the order has been received and to start its verification.
Once the order has been verified, the Store sends a message to the customer's email address provided:
1. confirming the acceptance of all offers for products submitted as part of the order and thus confirming the conclusion of the sales agreement or
2. informing about the impossibility of accepting particular offers to conclude a sales agreement submitted as part of the order and proposing an appropriate modification of the order.
A sales agreement is concluded at the moment of confirmation of the offer(s), i.e. receipt by the customer the message referred to in paragraph III.10.a or b, for the products indicated therein.
If it is not possible to accept the offer(s) submitted as part of the order, the sales agreement to the corresponding extent is not concluded.
The message referred to in paragraph III.10. a or b also contains the necessary data of the Seller and date of payment.
If at the time of placing an order the customer has outstanding obligations to the Seller, the Seller may make the implementation of the order subject to prior payment of all obligations with interest and make a full or partial prepayment.

IV. Payment and delivery

All prices are visible only to logged-in users. Prices are given in Polish zloty (PLN), American dollar (USD) or Euro (EUR) and are expressed as a net amount. Prices do not include shipping costs.
Seller reserves the right to change prices of products presented on the pages of the Shop, posting information about new products, conducting and cancelling promotional campaigns on the pages of the Shop, sales or introducing changes in them. The Seller's right, referred to in the previous sentence, does not affect orders placed before the effective date of price change.
The buyer making a purchase as an Entrepreneur for the purposes of business activity declares that he is a VAT payer and authorizes the Seller to issue a proof of purchase without the recipient's signature.
The method of payment for the order depends on the availability of ordered products in the Shop's warehouse.
In case of products available in stock, the customer is obliged to make a payment for the order within 3 working days from the date of receiving the message referred to in paragraph III.10. a or b.
For products available on demand, the payment process is as follows:
1. The Seller issues a pro forma invoice for the amount indicated in the order, whereby the customer, in accordance with the notation on the invoice, is obliged to pay an amount representing 50% of the order value as a deposit;
2. after receiving payment from the customer Shop issues a prepayment invoice for the amount referred to in paragraph IV.6.a and places an order at the supplier for the products ordered by the customer;
3. after receiving the products, ordered by the customer, from the supplier, the Seller issues an invoice, less the amount of the deposit paid and adequate to the actual state of the goods which should be paid in 7 days;
The quantity of products delivered may differ from the quantity ordered by +/- 3%, but such delivery will be considered proper performance of the agreement and the customer is obligated to accept the order.
Payment for the order shall be made by bank transfer to one of the following Seller’s bank accounts, depending on the currency:
1. PLN - Bank: BNP Paribas account no.: 62 1750 1325 0000 0000 0454 8458
2. USD - Bank: BNP Paribas account no.: PL 08 1750 1325 0000 0000 0454 6617
3. EUR - Bank: BNP Paribas account no.: PL 76 1750 1325 0000 0000 0682 8094
Goods are dispatched in 2 working days after the total amount due is credited to the Seller's bank account.
The delivery of orders takes place in the European Union.
At the request of the customer, sent to the e-mail address sklep@kresz.pl, the order may be shipped to a country outside the European Union. In this case, the delivery is made on an EXW (ex-works) basis, according to which it is the buyer's responsibility to organize transport from the place of delivery, indicated by the Seller, to the place of destination and to bear all related costs.
In case of smaller parcels, an order to a country outside of the European Union, may also be sent via courier service, after the costs of such shipment have been determined by the Seller and accepted by the customer.
Delivery of goods takes place through a courier company, personal collection is also possible.
Shipping costs are calculated according to the current price lists and depend on the weight and size of the shipment. The buyer is informed about shipping costs while placing the order.
The costs of delivery of the Product are borne by the buyer.
The handing over of the order to the courier is equivalent to the fulfilment of the Shop's obligations. As soon as the Shop releases the ordered products to the carrier, the benefits and burdens associated with the products and the risk of accidental loss or damage pass to the customer. In such a case, the Shop will not be liable for any loss, spoilage or damage of products occurring from the time of their receipt until delivery to the customer and for any delay in transportation of the consignment.
Upon receipt of the order, customer is obliged to examine the condition of the delivered parcel in the presence of the carrier. In the case of discovering any damage to the order, the customer is obliged to draw up a damage protocol and to inform Shop about damages. Lack of objections upon receipt is considered as the execution of the agreement by the Shop.

V. Order processing

The order processing time is specified on the product card. For in-stock products, the processing time is between 7 and 21 working days. In case of products on demand the processing time is longer and can vary from 2 to 9 weeks.
Order processing time is counted from the moment of crediting the payment for the order on the Seller's bank account.
Delivery time by courier company should be added to the order processing time.
In the event that the buyer is an entrepreneur the right to withdraw from the distance contract shall not apply.
The seller has the right to withdraw from the sales agreement within 70 calendar days from the date of its conclusion if it is not possible to complete the order due to the unavailability of the product. In this case the Seller is obliged only to return the received deposit in the amount paid by the customer on the basis of the prepayment invoice referred to in paragrapf IV.6.b.
The withdrawal referred to in paragraph V.5 does not generate any additional claims by the customer against the Seller.
The Seller's liability for non-performance or improper performance of the agreement is excluded, except for damage caused intentionally.
If the customer fails to make full payment for the order within the period referred to in paragraph IV.6.c., the Seller has the right to withdraw from the sales agreement within 14 days from the date on which the obligation became due and payable. Then the Seller shall be entitled to retain the deposit in the amount paid by the customer.

VI. Complaints of the product

According to art. § 558 § 1 of the Civil Code, the liability of the Seller for the Product under the implied warranty for the Product for a Non-Consumer Client is excluded.
The Shop makes every effort to ensure that the colors of fabrics presented in photos in the Shop are faithfully reproduced. The Shop bears no responsibility for differences resulting from individual monitor settings.
Dimensions of the ordered products are subject to a tolerance of +/- 5%. Margin of error in dimensions is a result of the properties of individual products and does not constitute grounds for a complaint.
Fabrics previously divided by the customer into meters are not subject to complaint.

VII. Personal data protection and "cookies" files

The principles of personal data protection are set out in the document "Privacy Policy", available in the "Privacy Policy" section.
Detailed information about cookies files are contained in the document "Privacy Policy", available in the "Privacy Policy" section.

VIII. Force Majeure

Force majeure within the meaning of these Terms and Conditions shall be understood as epidemics, natural disasters, storms, floods, earthquakes, natural disasters, acts of terror, military operations, blockades, general strikes, government restrictions imposed on the import or export of goods, restrictions imposed by public authorities, general disruptions in the transport system, communication or supply. This list is not exhaustive.
In case of force majeure and throughout the entire period of its effects, the Seller's obligations under the sales agreement shall be suspended to the extent to which the performance of these obligations has been prevented, hindered or delayed due to force majeure.

IX. Final provisions

In matters not regulated in these Terms and Conditions, the provisions of general Polish laws shall apply, in particular the Civil Code, excluding the separate provisions governing consumer sales.
Any disputes that may arise from the implementation of the provisions of these Terms and Conditions shall be subject to the jurisdiction of the Seller's registered office.
Terms and Conditions are effective from 21.09.2021