Refund and Return Policy
Online Warehouse Regulations
www.tareeqalkawther.com
Article 1
General Provisions
1. Warehouse www.tareeqalkawther.com shall operate in accordance with the terms and conditions hereof.
2. These Regulations shall set forth terms and conditions for the conclusion and termination of sales contracts and of the complaints procedure, and shall specify types and scope of services provided electronically by Warehouse www.tareeqalkawther.com, as well as rules for providing such services, and terms and conditions for the conclusion and termination of contracts for electronically provided services.
3. For the purposes of being provided with E-Services by Warehousewww.tareeqalkawther.com, each Service Recipient shall be obliged to adhere to the provisions hereof.
4. In matters not regulated by these Regulations, the provisions of the following laws shall apply:
4.1. Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended);
4.2. Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827);
4.3. Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended); and any other relevant provisions of Polish law.
Article 2
Definitions
1. Contact Form shall mean a form made available online www.tareeqalkawther.com for contacting the Service Provider.
2. Registration Form shall mean a form made available online www.tareeqalkawther.com for setting up the Account.
3. Order Form shall mean a form made available online www.tareeqalkawther.com for placing Orders.
4. Customer shall mean the Service Recipient who intends to enter or has entered into the Sales Contract with the Seller.
5. Retail Customer shall mean either:
5.1. Natural Person who is a person that enters into a legal transaction that is not directly related to their business or professional activity with an entrepreneur; or
5.2. Entrepreneur who is a person that carries out business activities covered by protection provided for in the Act on Consumer Rights, i.e. a person referred to in Article 10 hereof.
6. Warehouse Customer shall mean the Service Recipient being an entrepreneur who is not covered by protection provided for in the Act on Consumer Rights, who intends to enter or has entered into the Sales Contract with the Seller.
7. Account shall mean a set of resources in the Service Provider’s ICT system, designated with an individual name (login) and password, in which the Service Recipient’s data is collected, including information on the Orders placed.
8. Product shall mean a movable item available at Warehouse or a service which is the subject of the Sales Contract made between the Customer and the Seller.
9. Regulations shall mean these Regulations.
10. Warehouse shall mean the Service Provider’s online warehouse available on www.tareeqalkawther.com.
11. Seller / Service Provider shall mean Tareeq Al-Kawther Sp. z o.o.
entered in the commercial register kept by the District Court of Warsaw
Commercial Division of the National Court Register, under KRS 0000832194, the place of business: ul. Kresowa 14, 05-462 Duchnów, address for ul. Kresowa 14, 05-462 Duchnów, NIP [tax identification number:] 7010975818, REGON [statistical number:] 3385814253, e-mail: ceo@tareeqalkawther.com, tel.: +48 602 111 760.
12. Sales Contract shall mean a product sales contract concluded between the Customer and the Seller through the agency of Warehouse.
13. E-Service shall mean a service provided electronically by the Service Provider to the Service Recipient through the agency of Warehouse.
14. Service Recipient shall mean a natural person, legal person or organisational unit without legal personality, granted with legal capacity by law and provided with the E-Service.
15. Order shall mean the Customer’s statement of intent that constitutes a proposal to conclude the Sales Contract with the Seller.
Article 3
Products and Orders
1. Warehouse www.tareeqalkawther.com shall sell the Products via Internet exclusively to entrepreneurs.
2. The Products sold by Warehouse shall be new, free from any physical or legal defect and marketed in Poland legally.
3. Information provided on the Warehouse website shall not constitute an offer within the meaning of the provisions of law. When submitting the Order, the Customer makes a business proposal for a purchase of a specific Product on terms defined in the description thereof.
4. The price for the Product specified on the Warehouse website shall be expressed in (Polish zloty (PLN), euro (EUR)) and shall include all components thereof, including VAT. Prices shall not include the costs of delivery.
5. The price for the Product specified on the Warehouse website shall be binding on the Customer at the placement of the Order. The price shall remain unchanged, regardless of any change in the Warehouse prices that may occur in respect of individual Products after the Order has been placed by the Customer.
6. Orders can be placed via the website using the Order Form (Warehouse (www.tareeqalkawther.com)) 24 hours a day, all year round.
7. For the purpose of placing the Order, the Customer must open the Account at Warehouse.
8. The Customer may only place the Order at Warehouse if the Customer becomes familiar with the Regulations and accepts the provisions hereof at the placement of the Order.
Article 4
Conclusion of Sales Contracts
1. For the Sale Contract to be concluded, the Customer shall place the Order using the form made available by the Seller in accordance with Article 3 pt. 6 and 8 hereof.
2. Once the Order is placed, the Seller shall immediately confirm receipt thereof.
3. The confirmation of receipt referred to in pt. 2 above shall be binding on the Customer. The confirmation of receipt shall be sent by e-mail.
4. A summary of the Order’s receipt for the Entrepreneur (Warehouse Customer) shall include confirmation of all crucial components of the Order.
5. A summary of the Order’s receipt for the Retail Customer shall include:
5.1. Confirmation of all crucial components of the Order,
5.2. These Regulations.
6. Upon receipt by the Customer of the e-mail referred to in pt. 4 or 5 above, the Sales Contract shall be concluded between the Customer and the Seller.
7. Each Sales Contract shall be confirmed by a proof of purchase (VAT invoice) which shall accompany the Product and/or shall be sent by email to the Customer’s email address indicated in the Order Form.
8. A proof of purchase shall be issued on the day on which the Product is released to the carrier in order to be delivered to the Customer.
Article 5
Delivery terms and costs will be determined individually after submitting the order via the website. Delivery time and method will be determined individually. Modifications to orders are possible until payment is made or shipping is requested. In special cases, the person managing the order will make the final decision.
Article 6
Provisions Applicable to Entrepreneurs (Warehouse Customers)
1. The provisions hereof shall be applicable only to Customers who are entrepreneurs and who are not covered by protection provided for in the Act on Consumer Rights referred to in Article 10 hereof.
2. The Seller shall have the right to withdraw from the Sales Contract concluded with the Customer within 14 working days of its conclusion. In such an event, the Sales Contract can be withdrawn from, without providing reasons, and this shall not give the Customer any right to make any claim against the Seller.
3. The Seller shall have the right to limit, in relation to the Customers, the methods of payment made available by it, and also require that a partial advance payment or the selling price in full be paid, regardless of the method of payment chosen by the Customer and the conclusion of the Sales Contract.
4. The date of delivery of the Product to the Customer shall be the date of release of the Product by the Seller to the carrier.
5. Any gain and loss associated with the Product and a risk of accidental loss or damage to the Product shall be transferred to the Customer at the release of the Product by the Seller to the carrier. In such an event, the Seller shall not be liable for any loss, defect or damage to the Product, occurring from the acceptance of the Product for transport until its release to the Customer, as well as for delay in transport.
6. If the Product is sent to the Customer by a carrier, the Customer shall be obliged to examine the consignment at the time and in the manner generally accepted for consignments of this type. If the Customer detects that during transport the Product was defected or damaged, the Customer shall be obliged to take any such measures as necessary to determine the carrier’s liability.
7. The Service Provider shall be entitled to terminate a contract for E-Services with immediate effect and without giving reasons by way of sending a termination notice to the Service Recipient.
Article 7
Entrepreneurs with Consumer Rights (Retail Customers)
1. Any entrepreneur who is a person that carries out business activities (this shall not apply to commercial companies) shall be covered by protection provided for in the Act on Consumer Rights, provided that the Sales Contract concluded with the Seller is not of a professional nature.
2. The person that carries out business activities, referred to in pt. 1 hereof, is covered by protection only with regard to:
2.1. prohibited contractual provisions (abusive clauses);
2.2. liability under the statutory guarantee for physical and legal defects in the Product, pursuant to Article 7 hereof;
2.3. the right to withdraw from a remote agreement, in accordance with Article 8 hereof.
3. The entrepreneur referred to in pt. 1 hereof shall lose their rights under consumer protection in the event in which the Sales Contract concluded between them and the Seller is of a professional nature, which is verified on the basis of the entrepreneur’s entry in the Central Business Register and Information on Business Activity of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated therein.
4. The entrepreneur referred to in pt. 1 hereof shall not be covered by institutional protection provided for to consumers by the county consumer ombudsmen and the President of UOKiK.
Article 8
Type and Scope of E-services
1. The Service Provider shall provide through the agency of Warehouse for the use of the following E-Services:
1.1. Conclusion of Sales Contracts;
1.2. Maintenance of Accounts at Warehouse.
2. The E-Services shall be provided to the Service Recipients at Warehouse on terms and conditions set out herein.
Article 9
Conditions for Provision and Conclusion of Contracts for E-Services
1. The E-Services specified in Article 11 pt. 1 hereof shall be rendered by the Service Provider free of charge.
2. The period for which contracts shall be concluded:
2.1. A contract for E-Service that consists in the placement by the Customer of the Order at Warehouse shall be concluded for a definite period and terminate at the placement of the Order or at the cessation of its placement by the Service Recipient.
2.2. A contract for E-Service that consists in the maintenance of the Account at the Warehouse shall be concluded for an indefinite period.
3. Technical requirements necessary for the compliance with the ICT system operated by the Service Provider:
3.1. A computer (or mobile device) with Internet access;
3.2. Access to e-mail;
3.3. Web browser;
3.4. Cookies and JavaScript enabled in the web browser used.
4. The Customer shall use the Website in a manner consistent with law and good practice, having due regard to personal rights and intellectual property rights of third parties.
5. The Service Recipient shall be obliged to enter factually correct data.
6. The Service Recipient shall be prohibited from providing unlawful content.
Article 10
Complaints relating to Provision of E-Services
1. Complaints relating to the provision of E-Services through the agency of Warehouse may be lodged by the Service Recipient via e-mail to the following address: ceo@tareeqalkawther.com
2. In the aforementioned e-mail, please provide as much information and circumstances concerning the subject of the complaint filed as possible, in particular, the type and date of irregularities and your contact details. The information provided shall greatly facilitate and accelerate the handling of the complaint by the Service Provider.
3. The Service Provider shall resolve the complaint filed immediately, but no later than within 14 days of receipt.
4. The Service Provider’s response to the complaint shall be sent to the Service Recipient’s e-mail address specified in the complaint or in any other way provided by the Customer.
Article 11
Intellectual property
1. All content posted on www.tareeqalkawther.com shall be protected by copyright and shall be the property of Tareeq Al-Kawther Sp. z o.o.
entered in the commercial register kept by the District Court of Warsaw
Commercial Division of the National Court Register, under KRS 0000832194, the place of business: ul. Kresowa 14, 05-462 Duchnów, address for ul. Kresowa 14, 05-462 Duchnów, NIP [tax identification number:] 7010975818, REGON [statistical number:] 3385814253, e-mail: ceo@tareeqalkawther.com, tel.: +48 602 111 760
The Service Recipient shall be fully liable for any damage caused to the Service Provider resulting from the use of any content of www.tareeqalkawther.com without the consent of the Service Provider.
2. Any use by any person, without the express written consent of the Service Provider, of any of the elements that form the content and the contents of www.tareeqalkawther.com shall constitute an infringement of the copyright of the Service Provider and shall result in civil and criminal liability.
Article 12
Final Provisions
1. Contracts concluded through the agency of Warehouse shall be concluded in accordance with Polish law.
2. If any provision hereof is inconsistent with the applicable provisions of law, the relevant provisions of Polish law shall prevail.
3. Any dispute arising from the Sales Contract between Warehouse and the Customers shall be resolved firstly by way of negotiations, with the intention to settle the dispute in an amicable manner. However, if this cannot be achieved or is unsatisfactory to either of the parties, disputes shall be settled by the competent common court, in accordance with pt. 4 hereof.
4. Dispute settlement by courts:
4.1. Any dispute arising between the Service Provider and the Service Recipient (Retail Customer) shall be submitted for settlement by courts of competent jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
4.2. Any dispute arising between the Service Provider and the Service Recipient (Warehouse Customer) shall be submitted for settlement to a common court of competent jurisdiction for the registered office of the Service Provider.
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Contact us at ceo@tareeqalkawther.com for questions related to refunds and returns.