TERMS AND CONDITIONS OF THE KOMODEE.COM ONLINE STORE

§1 GENERAL PROVISIONS

1. The Komodee.com Online Store (hereinafter: “Store”) is run on one website, but the sale of products takes place through two entities, depending on the country of delivery:

a) For customers from Polish and European Union countries – the seller and service provider is:
Extreme Furniture Sp. z o.o.
Sosnowa 13, 83-330 Żukowo, Poland
NIP: 5892056649, REGON: 385122822, KRS: 0000820406
Email: [email protected]
(hereinafter: “EU Seller”)

b) For customers from the United Kingdom (UK) – the seller and service provider is:
Extreme Furniture Limited
The Barn 173 Church Road, Northfield, Birmingham, England, B31 2LX
Company number 07937079
Email: [email protected]
(hereinafter: “UK Seller”)

2. The Terms and Conditions define the terms and conditions of concluding sales contracts, order processing, consumer rights, complaint and withdrawal procedures depending on the place of delivery of the Product.
3. According to the delivery address, the sales system assigns a relevant Seller (EU or UK) who will be a party to the Sales Contract concluded with the Client.
4. In matters not covered by these Terms and Conditions, the provisions of law in force in the country of the Seller’s registered office (Poland or UK) and the relevant consumer protection regulations in the consumer’s country shall apply.

§2 DEFINITIONS

Store – an online store operating at komodee.com.
EU Seller – Extreme Furniture Sp. z o.o., executing orders with delivery to Polish and EU countries.
UK seller – Extreme Furniture Limited, fulfilling orders with delivery to the UK.
Client – any natural or legal person using the Store.
Consumer – a natural person making a purchase for purposes not related to business activity.
Sales Agreement – an agreement concluded between the Customer and the relevant Seller.
Product – a product offered by the Store.
Price – the gross price including VAT (according to the jurisdiction of the Seller).

§ 3 DELIVERY AREA AND CURRENCIES

1. The Store executes orders:

• on the territory of Polish – prices expressed in PLN include VAT at the rate applicable in Poland,
• in the territory of the European Union – prices expressed in EUR include VAT at the rate of the country of delivery (in accordance with the OSS system),
• in the UK – prices expressed in GBP and may be subject to local VAT or export sales.

2. Delivery costs and delivery time are each time given when placing an order.

§ 4 ORDER AND SALES CONTRACT

1. Orders in the Store can be placed 24 hours a day via the komodee.com website.
2. The Client places an order by selecting the Products, their variants and adding them to the cart, and then proceeds to the order form.
3. After placing an order, the Client receives an e-mail with confirmation of accepting the order – upon its receipt, the Sales Agreement is concluded.
4. Proof of purchase (invoice or receipt) is attached to the shipment or made available electronically.

§ 5 PAYMENTS

1. The Store provides payments through the following systems: Przelewy24, Stripe, PayPal.
2. Payment is required before the order is processed (prepayment).
3. If you do not pay within 3 working days, your order may be canceled.

§ 6 DELIVERY

1. The costs of delivery of the Product, which are covered by the Client, are determined during the process of placing the Order.
2. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:

• the time of completing the Products is indicated next to each product on the product card and when ordering the product,
• Delivery of Products constituting movable goods by the carrier takes place on the declared date indicated by the carrier next to each product on the product card and during ordering the product (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).

3. The order may be processed in more than one delivery, in accordance with the dates indicated for individual products.
4. Products purchased in the Store are shipped from Polish (for customers from Poland and European Union countries) and Great Britain (for customers from the United Kingdom) by courier company.

§ 7 WITHDRAWAL FROM THE CONTRACT

A. General
1. The Client who is a Consumer who has concluded a distance agreement may withdraw from it without giving a reason, by submitting an appropriate statement in writing or in electronic form.
2. The detailed conditions, deadlines and procedures for exercising the right to withdraw from the contract vary depending on the Seller and the applicable law, which is set out in Part B (for Polish and European Union) and Part C (for the United Kingdom).
3. A statement of withdrawal from the contract can be submitted via the contact form on the Store’s website or by sending a message to the e-mail address: [email protected], indicating the order number and your data.
4. The Consumer is not entitled to the right to withdraw from a distance agreement in the case of an agreement in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer’s specification or used to meet their individual needs.

B. Conditions of withdrawal for agreements concluded with the Seller in the territory of Polish and the European Union
1. Legal basis and deadline: The Consumer may withdraw from the agreement within 14 calendar days in accordance with the Act on Consumer Rights of 30 May 2014. The period is counted from the date on which the Consumer (or a third party indicated by the Consumer other than the carrier) took possession of the Product.
2. Consequences of withdrawal: In the event of withdrawal from the contract, it is considered not to have been concluded. The Consumer is obliged to return the Product immediately, but not later than 14 days from the date on which they withdraw from the agreement. To meet the deadline, it is sufficient to send the Product back before its expiry.
3. Return address: The Product should be returned to the following address: Gryfa Pomorski 69, 80-297 Miszewko, Poland.
4. Return costs: The Consumer shall bear the direct costs of returning the Product to the Seller.
5. Return of payment: The Seller will refund the received payments (the value of the Product and the cost of its cheapest ordinary delivery offered by the Store) immediately, and no later than within 14 days from the receipt of the statement of withdrawal. The Seller may withhold the return of the payment until the Consumer receives the Product back or provides a proof of sending it back.
6. Liability for Impairment: The Consumer is responsible for any decrease in the value of the Product resulting from using it beyond what is necessary to determine its nature, characteristics and functioning.

C. Conditions of withdrawal for contracts concluded with Extreme Furniture Limited in the territory of the United Kingdom
1. Legal basis and timeframe: You can withdraw from a contract (‘right to cancel’) within 14 calendar days in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The period is counted from the date on which the Consumer (or a third party indicated by the Consumer other than the carrier) took possession of the Product.
2. Consequences of withdrawal: In the event of withdrawal from the contract, it is considered not to have been concluded. The Consumer is obliged to return the Product immediately, but not later than 14 days from the date on which they informed the Seller about the withdrawal from the agreement.
3. Return Address: The Product must be returned to the UK address to be provided by the Seller (Extreme Furniture Limited) during the return process.
4. Return costs: The Consumer shall bear the direct costs of returning the Product to the Seller.
5. Refund of payment: The Seller (Extreme Furniture Limited) will refund the payments received (the value of the Product and the cost of its cheapest standard delivery offered by the Seller) immediately, and at the latest within 14 days of receiving the Product back or providing the Consumer with a proof of sending it back.
6. Liability for Reduction in Value: The Consumer is responsible for any reduction in the value of the Product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product.

§ 8 COMPLAINTS AND NON-CONFORMITY OF GOODS

Part A: General provisions
1. The Seller, competent for a given sales territory in accordance with § [number of the paragraph defining the Sellers], is responsible for delivering the Product in accordance with the contract.
2. The basis and scope of the Seller’s liability vary depending on the jurisdiction in which the contract was concluded (places of delivery) and the status of the Client (Consumer or Entrepreneur). Detailed rules are set out in Part B (for Polish and the European Union) and Part C (for the United Kingdom).
3. Complaints can be submitted electronically to the following e-mail address: [email protected], indicating the order number and the delivery territory (EU or UK) in the title of the message.
4. In the complaint form, please provide your name and surname, order number, description and date of finding the non-compliance and present your request. If possible, please also attach photographic documentation of the defect.
5. The response to the complaint is provided to the Client in electronic form to the e-mail address assigned to their account or indicated in the notification.
Part B: Complaints for Customers in Poland and the European Union
1. Legal basis: The basis and scope of the Seller’s liability (competent for the territory of PL/EU) towards the Client who is a Consumer due to the lack of conformity of the Product with the contract are specified in the Act on Consumer Rights of 30 May 2014 towards the Client who is an Entrepreneur, this basis is specified in the Civil Code Act of 23 April 1964 (warranty).
1. Period of liability: The Seller is liable to the Client who is a Consumer for the lack of conformity of the Product with the contract existing at the time of its delivery and disclosed within 2 years from that moment, unless the expiry date of the Product is longer.
2. Obligation to make the Product available: In order to assess non-conformity, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense from the territory of the EU.
3. Deadline for response: The Seller will respond to the Client-Consumer’s request immediately, no later than within 14 days from the moment of receipt of the complaint. Failure to consider the complaint within this period is tantamount to its acceptance.
4. Benefits in the event of a justified complaint: Depending on the Consumer’s request and the circumstances, the Seller: a) repairs or replaces the Product; b) reduces the price of the Product and returns the difference to the Client; c) in the event of withdrawal from the agreement by the Consumer, the Consumer shall return the price of the Product no later than within 14 days from the date of receipt of the returned goods or proof of its return. In the event of withdrawal from the agreement, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense.

Part C: Complaints for UK Customers
1. Legal basis: The basis and extent of the Merchant’s (UK jurisdictional) liability to Customers is set out in the UK Consumer Rights Act 2015. The Seller is obliged to provide Products of satisfactory quality, fit for purpose and consistent with the description (as described).
2. Remedies: A Customer whose Product is in non-conformity has the following rights: a) Short-term right to reject: Within 30 days of delivery, the Customer has the right to reject the defective Product and receive a full refund. b) Right to repair or replacement: After 30 days (or if you so choose within that period), you have the right to request a free repair or replacement of the Product. The Seller will do this within a reasonable period of time and without significant inconvenience to the Client. c) Right to a price reduction or final right to reject: If a repair or replacement is not possible, fails, or is not performed within a reasonable time, you may request a price reduction or reject the Product and receive a refund (the refund may be reduced by the value resulting from your use of the Product).
3. Obligation to return the product: In the event of exercising the right to complain, the Client is obliged to make the defective Product available to the Seller, who will arrange its collection at his own expense from the territory of the United Kingdom.
4. Response Timeframe: Merchant will respond to your request within a reasonable time, as required by the Consumer Rights Act 2015.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of the Electronic Service through the Store, which is concluding Product Sales Agreements.
2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Store’s website. This content is an integral part of the Store and the materials presented therein.

§ 10 CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of the Electronic Service specified in § 9 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The Agreement for the provision of Electronic Services consisting in enabling the placement of an Order in the Store is concluded for a definite period of time and is terminated upon placing the Order or ceasing to place it by the Service Recipient.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
• a computer (or mobile device) with Internet access,
• access to e-mail
•web browser
• enabling Cookies and Javascript in your web browser.

4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, bearing in mind respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
6. The Service Recipient is prohibited from providing illegal content.

§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. The provisions of this paragraph apply only to complaints related to the improper functioning of the Online Store as a service (Electronic Service). Complaints regarding the Products (lack of conformity of the goods with the contract) are regulated in § 8.
2. Complaints related to the provision of Electronic Services through the Store may be submitted by the Service Recipient via the website: Complaints or by e-mail to the following address: [email protected].
3. In the above e-mail, please provide information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details.
4. The complaint is considered by the Service Provider immediately, no later than within 14 days from the date of notification.
5. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint or in another manner provided by the Service Recipient.

§ 12 GOVERNING LAW AND DISPUTE RESOLUTION

Applicable law and jurisdiction for contracts concluded in the territory of Polish and the European Union:
• The provisions of Polish law shall apply to sales contracts concluded with Clients with a delivery address in Polish and other European Union countries.
• In the event of non-compliance of any part of the Terms and Conditions with the applicable Polish law, the relevant provisions of the Polish law shall apply in place of the challenged provision.
• Any disputes arising out of these agreements will be resolved by the competent common courts in Poland.
• A consumer from the EU may use out-of-court methods of handling complaints and pursuing claims, including the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.

Applicable law and jurisdiction for contracts concluded by Extreme Furniture Limited in the United Kingdom:
• The laws of England and Wales apply to sales contracts concluded by Extreme Furniture Limited with Customers with a delivery address in the United Kingdom.
• If any part of the Terms and Conditions does not comply with the applicable laws of England and Wales, the applicable provisions of England and Wales shall prevail in place of the disputed provision.
• Any dispute arising out of these contracts shall be resolved by the competent courts of England and Wales.