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. ul. Biedrzychowicka 2, 59-921 Sieniawka, 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. Counteracting illegal content – DSA Directive

In our Online Store, there are intermediary services as defined in the Regulation of the European Parliament and of the Council of 19 October 2022 – the Digital Services Act (DSA). Intermediary services offered in accordance with the definition of the DSA are "hosting" services that allow our customers to post content within our online store, such as:

- product reviews and store service ratings (a feature allowing the addition of opinions on products and the quality of online store service)

The online store has been designed, organized, and operated in a manner that does not disrupt or limit users' ability to make informed and free decisions. Our main goal is to prevent deception and manipulation of users.

To ensure full security for our customers while using our Online Store, we take all possible actions to immediately eliminate illegal content from our services as soon as they are reported, identified, and verified. We expect our customers to adhere to the same principles. Therefore, please refrain from transmitting or publishing illegal content while using our Online Store.

Illegal content and non-compliance with Online Store Terms of Use

Illegal content includes information that does not comply with applicable law or the provisions of the terms of use, both in themselves and in the context of specific actions. Among them may be:

a) Illegal or non-compliant with this regulation and our privacy policy,
b) Containing profanity, inciting hatred and violence,
c) Contrary to good manners, including offensive content, violating religious or private feelings, as well as racist, vulgar, pornographic, fascist, discriminatory, sexually suggestive, and inappropriate content for minors.
d) Infringing copyrights, intellectual property rights, or trade secrets,
e) Containing unauthorized links to external websites, including competitive services or stores, spam content,
f) Advertising other services, platforms, social media,
g) Not related to the thematic scope of the online store

Illegal content in product reviews and store service ratings

Customers are permitted to submit product reviews only for items that have been genuinely purchased, delivered, and assessed. Similarly, the same standards apply when evaluating the quality of the online store service. Upon completing the purchase and receiving the product, customers are invited via e-mail (by the online store) to provide feedback on both the product itself and our service quality. Furthermore, we reserve the right to decline the publication of reviews that:

a) are illegal under this regulation or misleading;
b) contain advertising or marketing elements or relate to product placement;
c) contain links to other websites;
e) infringe privacy or social interaction norms;
f) disclose personal data or other confidential information;
g) do not relate to the product or service quality;
h) contain offensive or vulgar content.

Reporting illegal content, appeals procedure, and content moderation

The online store holds no responsibility for customer-generated content, particularly content that is unlawful and posted on the website or internet platform, unless such actions align with the terms and applicable legal regulations.

Every customer or user of the Online Store has the opportunity to report illegal content. If you believe that certain content violates the rules specified in this regulation, you can inform the administrator by sending an email to [email protected].

Any report should include the location where the administrator can review the content, as well as all relevant contact details and information about third parties associated with the content (if possible). Decisions regarding reports are made solely based on information from individuals with relevant knowledge on the matter. The online store does not employ automatic methods when reviewing and making decisions. We will promptly inform you of the outcome of the report, its content, and the reasoning behind it.

If illegal or non-compliant content is reported, the online store reserves the right to:

a) Remove or limit the visibility of such content
b) Prevent access to such content
c) Degrade in results
d) Suspend or terminate the provision of the service in whole or in part, or suspend or close the customer's store account or third-party account

We provide interested recipients of the service with an explanation of why restrictions have been applied. We will notify the customer and any third parties of our decision, providing clear justification (if their contact details are available). The user can appeal within 14 days by providing justification. The administrator of the online store will consider the appeal within the next 14 days and inform the user of their decision along with the reasoning.

12. 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/.

13. 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.

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