DEFINITIONS

These Terms and Conditions set out the general terms, the manner of providing Services by electronic means, and the rules of sales conducted via the kowal.store online store. The Store is operated by KOWAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Strzyżów, at ul. Przekopna 6/1, 38-100 Strzyżów, registered by the DISTRICT COURT IN RZESZÓW, 12TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, KRS 0000793162, VAT ID (NIP) 8191670708, REGON 383765987, with a share capital of: PLN 5,000.00, hereinafter referred to as the Seller.

Business Days – days from Monday to Friday, excluding statutory public holidays.
Customer / Buyer – any entity making a purchase in the Store (including a Consumer, an Entrepreneur, and an Entrepreneur with Consumer Rights, where applicable).
Consumer – a consumer within the meaning of the provisions of the Civil Code.
Entrepreneur – an entrepreneur within the meaning of the provisions of the Civil Code.
Entrepreneur with Consumer Rights – a natural person entering into an agreement directly related to their business activity, where it follows from the content of that agreement that it is not of a professional nature for that person (where applicable).
Store – the online store operated by the Seller at https://kowal.store, enabling distance contracts.
Account – a free electronic service enabling, among other things, placing orders, access to order history, downloading purchased digital content (if applicable), and managing Customer data; the rules for maintaining the Account may be specified in separate terms or in these Terms and Conditions.
Services – services provided by the Seller, in particular: hosting (including shared hosting), server services (VPS/dedicated servers – if available in the Store), email services/mail servers, IT and software development services (e.g., implementations, maintenance, Magento subscription), technical support, and additional services.
Digital Content – data produced and delivered in digital form, in particular modules and software (e.g., Magento modules) made available for download or online access.
Agreement – a distance contract concluded between the Customer and the Seller via the Store, concerning Services and/or Digital Content.
Terms and Conditions – these terms and conditions.

SELLER

The Seller may be contacted via:
email address: kontakt@kowal.co
telephone number: +48 608012047
the contact form available on the pages of the Online Store

TECHNICAL REQUIREMENTS

To use the Store properly, you need: a device with Internet access, an up-to-date web browser supporting JavaScript and cookies.
To place an order, an active email account is required.
To use Digital Content (e.g., modules/software), additional technical environments described for a given product/service may be required (e.g., Magento/PHP version, SSH access, web server, etc.). The Customer is responsible for meeting these requirements unless the offer description states otherwise.

PURCHASES IN THE STORE

Prices displayed in the Store are net prices, unless the offer description states otherwise. VAT will be added in accordance with applicable regulations.
The Seller indicates that the total order price includes the price of the Service and/or Digital Content and any additional fees, if they result from the selected configuration or scope of performance (e.g., licenses, migrations, additional work).
The selected offer (Service and/or Digital Content) should be added to the cart in the Store.
Then, the Customer chooses a payment method and provides the data necessary to complete the order (including invoicing details).
The order is placed when the Customer confirms its content and accepts the Terms and Conditions.
Placing an order is tantamount to concluding an Agreement between the Customer and the Seller.
The Seller will send the Customer a confirmation of the Agreement on a durable medium (e.g., email) without undue delay after accepting the order for processing.
The Customer may create an Account in the Store or make a purchase without registration – if the Store allows this option.

PAYMENTS

Payment for an order can be made – depending on the Customer’s choice – via a payment platform or methods made available in the Store, in particular:
1. BLIK,
2. Przelewy24,
3. PayPal.
If advance payment is selected, the Customer is obliged to pay for the order within 1 Business Day from placing it, unless the offer description indicates a different deadline.
For some payment methods – due to their specific nature – payment using such a method may only be possible immediately after placing the order.
The Customer accepts the use of electronic invoices by the Seller. The Customer may withdraw this acceptance at any time by contacting the Seller.
In the case of renewable Services (subscription), fees are charged according to the billing period specified in the offer. Failure to pay on time may result in limiting or suspending the provision of the Service, in accordance with the rules described in the terms for the given Service or OKU.

ORDER FULFILLMENT (SERVICES AND DIGITAL CONTENT)

The Seller undertakes to provide Services and deliver Digital Content free from defects within the meaning of applicable regulations.
The fulfillment/activation time is indicated in the Store for a given offer or agreed individually (e.g., for software development services).
In the case of advance payment, the Seller will begin order fulfillment after the payment has been credited, unless the offer description states otherwise.
Digital Content (e.g., modules) is delivered by providing a download link, access in the Customer’s Account, a repository, or another method indicated in the offer description.
Hosting/server/email services are provided by activating the service and sending access details (e.g., panel, SSH, email credentials) to the Customer’s email address or via the Account.
In the case of software development/IT services, fulfillment may include stages (analysis, quotation, implementation, testing, acceptance) – detailed rules are set out in the offer description, the terms for the given service, or individual arrangements confirmed on a durable medium (e.g., email).

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The Consumer has the right to withdraw from the Agreement concluded via the Store within 14 days without giving any reason, subject to the exceptions described below.
The withdrawal period expires after 14 days from the date of concluding the Agreement – in the case of Agreements for the provision of Services or delivery of Digital Content.
To exercise the right of withdrawal, the Consumer should inform the Seller of their decision by an unequivocal statement (e.g., email) using the details provided in the section “Contacting the Seller”.
To meet the deadline, it is sufficient to send the statement before its expiry.

EFFECTS OF WITHDRAWAL FROM THE AGREEMENT

In the event of effective withdrawal, the Seller shall reimburse the Consumer all payments received without undue delay, no later than within 14 days from the date of receiving the statement.
The reimbursement will be made using the same payment methods that were used in the original transaction, unless the Consumer expressly agrees otherwise.
If the Consumer requested that the Service performance begin before the withdrawal period expired and then withdrew from the Agreement, the Seller has the right to demand payment for the services provided up to the moment of withdrawal (proportionate to the scope and time of performance).

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to the Consumer in relation to an Agreement:
- for the supply of Digital Content not supplied on a tangible medium (e.g., modules/software), if the performance has begun with the Consumer’s explicit consent before the withdrawal period expires and after the Consumer was informed about the loss of the right of withdrawal;
- for the provision of Services, if the Seller has fully performed the Service with the Consumer’s explicit consent, who was informed before the performance began that they would lose the right of withdrawal after the Service has been fully performed;
- for services or work performed according to individual arrangements/guidelines of the Customer (e.g., dedicated development work), if the nature of the performance corresponds to an exception provided by law.

COMPLAINTS (NON-CONFORMITY / DEFECTS OF SERVICES AND DIGITAL CONTENT)

The Customer may submit a complaint concerning the operation of the Store, Services, or Digital Content.
Complaints should be submitted to the email address: kontakt@kowal.store or in writing to the Seller’s correspondence address.
It is recommended to include in the complaint: Customer identifying data (e.g., name and surname / company, email), order number, description of the issue, date of occurrence, technical environment (if applicable), and the expected method of resolution.
The Seller will respond to the complaint within 14 days, unless regulations provide a different deadline for a given category of performance.
In the case of Digital Content and digital services, the Seller may request information necessary to verify the non-conformity (e.g., logs, software versions, configuration), with due regard for security and confidentiality principles.
If the complaint concerns hosting/server/email services, detailed rules (e.g., SLA parameters, maintenance breaks, liability) may be set out in a dedicated terms document for the given Service, OKU, and SLA documents available in the Store.

OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES

If the complaint procedure does not bring the expected result, the Consumer may use, among others:
- mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection (list: https://www.uokik.gov.pl/wazne_adresy.php#faq595);
- a permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection (list: https://www.uokik.gov.pl/wazne_adresy.php#faq596);
- free assistance of a municipal or district consumer ombudsman;
- the ODR platform: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks

PERSONAL DATA

The Seller is the controller of personal data provided by the Customer while using the Store.
Detailed information on the processing of personal data – including purposes, legal bases, recipients, and processing periods – is available in the Privacy Policy in the Store.
Customer data is processed in particular for: concluding and performing the Agreement, handling payments, issuing accounting documents, handling complaints, and pursuing/defending claims.
The Customer has rights under the GDPR, including: access to data, rectification, erasure, restriction of processing, portability, and objection (in cases provided by law).
If the Customer believes that their data is processed unlawfully, they may lodge a complaint with the President of the Personal Data Protection Office (UODO).

RULES FOR USING SERVICES (INCLUDING HOSTING / EMAIL)

The Customer undertakes to use the Store and Services in compliance with the law, the Terms and Conditions, and principles of social coexistence.
It is prohibited to provide unlawful content, in particular content that infringes copyrights, is used for phishing or spam, distributes malware, infringes personal rights, or violates data protection regulations.
The Seller may withhold or limit the provision of the Service if the Customer’s actions threaten the security of the infrastructure, violate the law or the Terms and Conditions – to the extent permitted by law and in accordance with detailed service terms.
For renewable services, failure to pay on time may result in suspension of the Service and then its termination and deletion of data – in accordance with the rules described in the terms of the given Service/OKU (if provided for).

RESERVATIONS

Each order constitutes a separate Agreement and requires acceptance of the Terms and Conditions.
Agreements are concluded in Polish, unless the offer provides otherwise.
None of the provisions of the Terms and Conditions excludes or limits the Consumer’s rights under mandatory provisions of law.
Provisions concerning Digital Content and Services provided electronically apply accordingly to the nature of the performance, taking into account consumer rights and digital compliance regulations.

PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

The right of withdrawal from a distance Agreement does not apply to the Entrepreneur, except for the Entrepreneur with Consumer Rights – to the extent provided for by law.
The Seller’s liability towards the Entrepreneur is limited to the extent permitted by law, in particular to the amount of remuneration paid for the given Agreement, unless detailed service terms or mandatory regulations provide otherwise.
In the event of a dispute with a Customer who is not a Consumer, the court having jurisdiction will be the court competent for the Seller’s registered office.