The owner and data controller of the store is Szymon Sterkowski trading as Kompania Handlowa im. Piotra Piano - Szymon Sterkowski, Margerytki 12 street, 04-906 Warsaw, NIP (tax identification number): 9522033701, REGON (number of National Official Business Register): 145566976, entered in the CEIDG (Central Register and Information on Economic Activity) operated by the Minister of Economy].
The Service Provider via the Store provides the following services by electronic means:
Creation and administration of User’s Account;
Processing of the order form;
Transmission of commercial information, promotional offers, etc. when using the Newsletter service after giving a separate consent;
Other services – reviewing product.
The services indicated in point 7 are provided free of charge.
The agreement for the provision of services by electronic means consisting in maintaining and administering an Account is concluded for an indefinite period of time. The agreement is recognised as concluded at the moment of completing the Account registration process.
The agreement for the provision of services by electronic means, which enables placing an order at the Store by filling out the order form, is concluded for a specified time covering the period needed to fill out and process the order. It is automatically terminated upon submission and acceptance of the order.
The agreement for the provision of services by electronic means within the Newsletter service is concluded for an indefinite period of time. The agreement is concluded at the moment consent given to the provision of information to the User's email box.
Store – the online store STERKOWSKI of the Seller available at: sterkowski.com.
User – anyone who uses the Store services in any way.
Buyer – a natural person, a legal person or an organisational entity without legal personality which is granted legal capacity by law, who uses the Store offer.
Consumer - a natural person performing a legal action with the Seller not directly related to their business or professional activity.
Entrepreneur - a natural person, a legal person or an organisational entity without legal personality which is granted legal capacity by law, who runs business or professional activity on their own behalf, performing a legal action with the Seller directly related to their business or professional activity,
Registration form – an online form available at the Store, that enables creating an Account.
Account - a place in the Seller’s IT system, available to the User after registering and logging in, where the User’s data is collected, including information about placed orders. Through the Account, the Buyer enters and manages data, descriptions and other elements and uses the Store offer.
Order form - an online form available at the Store, that enables placing an order.
Item - a movable property available at the Store, which is the subject of the sales agreement between the Buyer and the Seller.
Email box - an electronic mailbox with an individual Internet address of a person (email address), through which a person can send and receive messages and other data within the electronic mail service.
Newsletter – a service provided by electronic means by the Service Provider to distribute commercial and advertising information to email boxes provided by the interested Users.
Proof of purchase – a fiscal receipt, a bill or a VAT invoice.
III. TECHNICAL REQUIREMENTS
To use the services of the Store, it is necessary to have a device that allows the use of Internet resources, e-mail and online resources browser that enables the User to display websites (we recommend using the following browsers in the specified versions or newer, with enabled “cookies”: Internet Explorer 8, Opera 10.00, Chrome 10.0, Mozilla 4.0 or their newer versions).
Account registration begins with following consecutive instructions on the Store website.
By registering an Account, the User declares that:
The User is obligated to keep their Account password secret. The User is obligated to make their best effort to prevent the loss or acquisition by a third party of the access password (regardless of the way). The User is solely responsible for making their login and password available to a third party.
The User can remove their Account at any time. Removal of an Account causes permanent and irrevocable deleting of all User’s data from the system and the termination of the agreement for the provision of services by electronic means with immediate effect.
The Seller can remove an Account or terminate the agreement for the provision of services by electronic means, in the case where:
the User has not logged even once in their Account within 12 months from the last login;
the User does not activate or verify their Account within 30 days;
the User, within the applicable time limit following the blocking of the Account or other functionalities, or the Store services by the Seller, will not perform or abandon actions indicated by the Seller, which were the cause of the blockage.
The Store conducts international commercial activity including countries belonging to the European Union.
Orders at the Store can be placed via order form.
The Buyer is obligated to provide true, accurate and correct data necessary for the order to be processed.
The Store confirms the order to be processed by email or by phone. In addition, the Store notifies via email when the order is ready for pickup or shipping.
The information contained on the card of an Item is binding for the Buyer and the Seller at the moment of placing an order, in particular: the price, product characteristics, its features, elements included as a part of a set, the time and means of delivery.
Orders accepted for processing may be cancelled not later than the time of shipping. The right to cancel the order is available only to the Consumer.
Please note that the average delivery time from placing the order to shipping the Item to the Buyer is available on the bookmark contacton the Store website.
The information contained at the Store does not constitute an offer within the meaning of the Civil Code. Advertisements, Seller’s ads, price lists and other information about the Items listed on the Store’s websites, in particular, their descriptions, technical and performance characteristics, and prices, constitute an invitation to conclude an agreement within the meaning of article 71 of the Act of 23 April 1964 – Civil Code (Journal of Laws No.93 as amended).
A purchase agreement is concluded:
for orders placed through the order form available at the Store - upon receipt by the Buyer of an email with a statement of acceptance of the order by the Seller,
for orders placed by telephone - upon confirmation of the acceptance of such an order by the Store,
for orders placed by email - upon receipt by the Buyer of a return email from the Seller with a statement of acceptance of the order of Items.
The order is processed after the payment has been made or the requirements for the selected method of payment have been fulfilled.
The Seller is obligated to notify the Buyer of the absence of the ordered Item in stock and expected extension of the delivery time (up to 14 days) without delay, but not later than within 3 days from stating that fact. In such a case, the Buyer may agree to the extension of the delivery time (up to 14 days) or cancel an ordered Item or the whole order.
If it is not possible to complete an order due to permanent unavailability of an Item, the Seller should, without delay, however not later than within 30 days from the conclusion of the agreement, notify the Buyer about this fact and return the whole payment received from the Buyer.
For items delivered within EUVAT must be charged. For items delivered outside of EU VAT does not apply.
The Seller shall attach a Proof of purchase to each order.
The Buyer purchasing as an Entrepreneur for the purposes of their commercial activity declares that they are VAT payers and authorises the Seller to issue a Proof of purchase without the signature of the recipient.
When placing an Order, the Buyer selects the method of payment:
Internet payment using the payment system Pay Pal®;
Shipment occurs after the receipt of payment in full (price and additional costs) in the Seller’s bank account.
In the case where the Buyer chooses the method of payment by bank transfer the time limit for payment shall be 30 days.
For more detailed information on the methods of payment, go to Payments on the Store website.
The Seller reserves the right to change the prices of Items presented on the Store websites, post information about new products, conduct, cancel or change promotional actions and sales on the Store websites. The Seller’s right referred to in the preceding sentence shall not affect orders placed before the date of entry into force of the price change or the conditions of promotional actions or sales. The Buyer will be informed by the Seller about specific conditions of promotional actions and sales. Special offers do not combine unless otherwise stated in the terms and conditions of a special offer.
The Buyer may choose from the following methods of delivery of the ordered Items:
delivery of Items to the address specified by the Buyer in the order by a delivery company Fed Ex;
delivery of Items to the address specified by the Buyer in the order by post;
The choice of the method of package collection shall be made by the Buyer when placing an order at the Store.
Shipping costs are charged according to current price lists and depend on the weight and size of the package. The Buyer is informed about the shipping costs when placing an order.
Item delivery costs shall be paid by the Buyer unless explicitly indicated otherwise. For current costs and terms of delivery, go to Costs and terms of delivery. on the Store websites.
The Buyer agrees to collect the shipped Item.
VIII. WARRANTY FOR PHYSICAL AND LEGAL DEFECTS
Items offered at the Store are free from physical and legal defects and, if so indicated on the Item card, covered by manufacturer’s warranty.
The Seller shall be liable to the Consumer under warranty for physical and legal defects of an Item within the scope specified by the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws of 2014 item 121 as amended).
The risk of accidental loss or destruction of an Item shall pass to the Consumer at the time of delivery of the Item by the Seller or the carrier acting on their behalf. If the Consumer independently commissioned a carrier of the Item and the Seller did not have influence over this, the risk passes to the Consumer at the time of releasing the Item to that carrier.
After receiving the Item, it is recommended that the Consumer checks the condition of the package in the presence of the carrier and, in particular, whether it is complete and not damaged. In case of any damage of the Item or other irregularities, it is recommended to draw up a damage report. If the Consumer does not draw up a damage report, it does not exclude or suspend recognition of any possible complaint, however, it can make proving the existence of defects at the time of delivery difficult for the Consumer.
The Consumer shall make a complaint about an Item by notifying the Seller of the discovery of a physical or a legal defect of the Item.
The Consumer loses the right to submit a complaint, if they do not notify the Seller within 1 year from discovering the defect of the Item, but not later than 2 years from obtaining it.
If an Item has a defect, the Consumer may:
demand the Item to be replaced to another free from defects or
demand the defect to be removed or
make a statement on lowering the price or
make a statement on withdrawal from the agreement.
The Consumer cannot make a statement on lowering the price or withdrawal from the agreement in the case where the Seller immediately, and without excessive inconvenience to the Consumer, replaces the defective Item to another free from defects or removes the defect. This restriction does not apply if the Item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Item to another free from defects or remove the defect.
The Consumer may demand replacement of the Item to another free from defects instead of removing the defect, proposed by the Seller, or removing the defect instead of replacement. This right does not apply if bringing the Item into conformity with the agreement in a manner chosen by the Consumer is not possible or involves excessive costs compared with the manner proposed by the Seller.
The Consumer cannot withdraw from the agreement if the defect of an Item is irrelevant.
The Seller may refuse the Consumer’s request to replace the Item to another free from defects or remove the defect if bringing the defective Item into conformity with the agreement is not possible or, compared with another possible manner of bringing it into conformity with the agreement, involves excessive costs.
The Seller shall investigate a complaint promptly, but not later than within 14 days of its submission.
The Seller shall provide response to a complaint at their own discretion:
in writing to the address of a complaining party;
by electronic means to the email address indicated by a complaining party;
IX. COMPLAINTS OF OTHER STORE SERVICES AND ALTERNATIVE METHODS OF HANDLING DISPUTES
A complaint concerning the services of the Store should include:
User identification data;
the subject of the complaint and the period to which the complaint relates;
the circumstances justifying the complaint;
User’s signature - in the case of a complaint filed in writing.
If a compliant does not meet the formal conditions referred to above, the Seller may, at their own discretion, leave the complaint unconsidered or request the User to supplement it no later than within 7 days, together with the instruction that if it is not supplemented within the time limit, the complaint shall be left unconsidered.
The Seller may leave a complaint unconsidered, if:
a complaint concerns a matter previously explained in response to a previous complaint notification of the User. In this case, the response to the complaint contains a reference to the relevant correspondence;
a complaint comes from a third party who does not have appropriate authorisation or power of attorney;
a complaint is filed after 30 days from the date of disclosure of the reasons for the complaint.
The Seller shall immediately notify the Buyer about exercising their right to leave a complaint unconsidered.
Complaints addressed to the Store concerning the services provided by third parties through the Store will be immediately forwarded by the Seller to the competent third party who is responsible for the processing of the complaint.
The Seller shall investigate a complaint promptly, but not later than within 14 days of its submission.
The Seller shall provide response to a complaint at their own discretion:
in writing to the address of a complaining party,
by electronic means to the e-mail address indicated by a complaining party,
We inform that the Consumer has also the right to use extrajudicial (alternative) methods of complaint consideration and pursuing the claim, including:
referral to a permanent consumer arbitration court operating at the Trade Inspection with a request for the resolution of a dispute arising from the concluded Agreement.
referral to the provincial inspector of the Trade Inspection with a request for the initiation of mediation proceedings on the amicable settlement of a dispute between the Buyer and the Seller.
taking advantage of the free assistance of district (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, Association of Polish Consumers).
For information about the possibility to use extrajudicial (alternative) methods of dispute resolution, including mediation, go to:
The Consumer may withdraw from the agreement concluded from distance without stating any reason by making a relevant statement in writing within 14 days.
The withdrawal period referred to above shall begin for the agreement under which the entrepreneur releases an object with the obligation to transfer its ownership – upon taking possession of the object by the Consumer or a third person, other than a carrier, appointed by them.
The withdrawal may be effected by submitting an explicit statement of withdrawal from the sales agreement to the Seller. The withdrawal period shall be deemed to have been observed if the statement of withdrawal is sent to the Seller before the expiry of the 14-day period referred to in paragraph 1 above.
In the event of withdrawal from the agreement by the Consumer, the agreement shall be considered as not concluded, and the Consumer shall be relieved of any obligations to the Seller. If the Consumer has made a statement of withdrawal from the agreement before the Seller has confirmed their offer, the offer ceases to be binding.
The Item purchased by the Consumer shall be returned in an unchanged condition unless the change was necessary to determine the nature, characteristics and functioning of the Item. The Item returned by the Consumer should be packed in an appropriate manner to ensure lack of damage during transportation. If possible, the Item should be packed in the original packaging. Direct costs of returning the Item to the Seller.
The Consumer is responsible for the reduction of the value of the Item resulting from the use of it in a manner other than necessary to determine the nature, characteristics and functioning of the Item.
The Consumer is obligated to return the Item, without delay, but not later than within 30 days from the date of withdrawal from the agreement. The withdrawal period shall be deemed to have been observed if the Item is returned to the Seller before its expiry.
In the case of withdrawal from the agreement by the Consumer, any payments made by the Consumer shall be reimbursed without delay, but not later than within 14 days from the date of receipt of the relevant Consumer's statement by the Seller, with the same channel through which the Buyer has made the payment, unless the Consumer explicitly agrees on another form of reimbursement. In any case, the Consumer shall not bear the costs of reimbursement. The Seller may withhold the reimbursement of payments received by the Consumer until the Item is returned or a proof of sending the Item back is delivered by the Consumer, whichever event occurs first.
The cost of delivery of the Item shall be reimbursed to the Consumer only up to the cost of the cheapest ordinary method offered by the Seller. Any additional costs arising from the Consumer’s choice of other method of delivery shall be borne by the Consumer.
The Consumer shall not have the right to withdraw from the agreement in respect of the agreement where the subject is an Item which is not pre-fabricated, produced according to the specifications of the Consumer or intended to meet their individual needs.
XI. AN ENTREPRENEUR AS A BUYER
In the case where an Entrepreneur is the Buyer, the right to withdraw from the agreement from distance shall not be effective.
In the case where an Entrepreneur is the Buyer, the parties exclude the liability of the Seller under the warranty for physical and legal defects of an Item.
In the case where an Entrepreneur is the Buyer, the Seller shall be liable to the Entrepreneur under the warranty for physical and legal defects of an Item within the scope specified by the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws of 2014, item 121 as amended), subject to the following provisions:
After receiving the Item, the Entrepreneur is obligated to check the condition of the package in the presence of the carrier and, in particular, whether it is complete and not damaged. In case of any damage of the Item or other irregularities, the Entrepreneur is obligated to draw up a damage report. Failure to draw up the damage report by the Entrepreneur shall cause the loss of rights under the warranty.
If a defect of an object has been discovered at a later time, and its discovery was not objectively possible upon the receipt of the package, the Entrepreneur is obligated to notify the Seller of the discovered defect not later than within 7 days from its discovery, otherwise the rights under the warranty shall be deemed null and void.
The Entrepreneur is obligated to deliver the complained Item to the Seller.
It is advised to attach the Proof of purchase or its copy to the complained Item. Failure to attach the Proof of purchase or its copy may cause rejection of the complaint by the Seller.
The parties hereby indemnify each other against the warranty for physical and legal defects of an Item to the fullest extent permitted under applicable mandatory law.
XII. RESERVATIONS, ASSURANCES AND RESPONSIBILITY
For the benefit of the Users and to provide the highest quality of the Store, it is forbidden to use the Store, any of its functionalities and services provided in a manner inconsistent with the nature, purpose and object of the Store, in particular taking actions that are contrary to generally applicable laws, provisions hereof and good customs.
The Seller will exercise due diligence to assure that the Store and all services available through it operate in a continuous way without any disruptions, however the Seller does not assume any liability for disruptions caused by the force majeure or forbidden interference of Users or third parties, for which it shall bear no liability. The Seller guarantees the availability of the Store in 90% on an annual basis.
The Seller reserves the right to anonymous publication of the contents directed by Users to the Store Service team, and concerning matters connected with functioning of the Store (FAQ), given advices and other, as for which the Seller finds that answers to these contents are worth publishing.
The Seller reserves the right to benefit from the ads placed at the Store, to which the User by using the Store agrees.
XIII. REVIEWS AND OPINIONS OF ITEMS
Users have the right to add reviews and/or opinions (contents) of the Items available at the Store.
Published reviews and/or opinions may be moderated before their publication by the Seller.
Users are prohibited from posting at the Store any contents that:
are contrary to the applicable law,
infringe the rights of third parties,
are generally considered to be vulgar or abusive,
incite to hatred of racial, religious or ethnic background,
incite to acts of violence,
offend Users or other persons,
promote other websites,
contain pornographic contents,
contain advertising contents,
are links to pages containing the above-mentioned contents.
The User is responsible for the posted content. Those who place the content violating the generally applicable regulations of law or affecting the legally protected interests of others expose themselves to criminal or civil liability on the basis of generally applicable law.
Users undertake that by posting reviews and/or opinions which include copyrighted content, they will have the rights to such materials or obtain appropriate authorisation for their use so that the materials published at the Store are free from third party claims. In particular, this applies to images that display someone else's image. Each time Users undertake to obtain prior consent for the use of an image displayed in the materials.
XIV. INTELLECTUAL PROPERTY RIGHTS
XVI. FINAL PROVISIONS
In all matters not regulated herein, provisions of generally applicable Polish law shall apply, unless the mandatory law in force in the Country of the User provides otherwise.