Terms of service
1. GENERAL
1.1 These terms of service (the “Terms”) define the terms of use of KONKRET STORE (the “Service”) through a website available at http://www.konkret.store
1.2 The Service is run by:
KONKRET STORE Sp. z o.o.
Dworcowa 4, 64-224 Świętno
NIP 9231742025
REGON: 524681773
1.3 The Provider provides each user of the Service (the “User”) with access to the Service and, in particular, access to the elements of the Service enabling:
a) configuration (determination of parameters such as height, width, depth, color, material; the “Specifications”) of the furniture offered by the Provider (the “Product”),
b) augmented reality visualisation of the Product finished in accordance with the Specification and in an environment of the User’s choosing,
c) ordering the Product in accordance with the Specification (its production and delivery) (the “Order”),
d) maintenance of the User’s account within the Service (the “Account”),
(collectively, the “Services”).
1.4 The Services are provided free of charge. The User, however, will assume the costs associated with the order, such as the price of the Product and the cost of the Product’s assembly, if such an option is chosen.
2. THE SERVICE AGREEMENT
You don’t need an account to place orders with konkret.store. If, however, you decide to register we’ll fix you up with a personal account. In order to do that, you’ll need to provide us with your personal data and let us process it. You’ll also need to accept these terms.
2.1. The use of the service referred to in section 1.3 pt. d) of these Terms is only possible once a service agreement is concluded between the Provider and the User (the “Agreement”). An Order may be submitted without entering into the Agreement. The Agreement is concluded once the User registers with the Service by:
a) completing and submitting a registration form via the Service.
b) registering with the Service and accepting these Terms (the “Registration”). Once Registration is complete, the User will receive, to an e-mail address provided by the User during the Registration, an e-mail confirming the conclusion of the Agreement. This e-mail may also include information required by the Polish Personal Data Protection Act of 18 May 2018 (Dz. U. of 2018 No. 1000, as amended) (the “Personal Data Protection Act”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) on the processing of personal data received from a third party.
2.2. The User agrees to only provide true and accurate data during the Registration.
2.3. User data necessary for the conclusion of the Agreement is clearly marked on the registration form (the “Basic Data”).
2.4. The Registration and, consequently, the Agreement will be considered ineffective if, during the Registration, the User:
a) refuses to accept these Terms.
b) refuses to provide Basic Data.
c) provides incomplete or untrue data.
2.5. By ticking the appropriate box during the Registration, the User acknowledges that his data administrator is KONKRET STORE (hereinafter also referred to as “”administrator””). The administrator can be contacted via the hello@konkret.store email address. User can contact the Data Administrator on all matters relating to the processing of personal data and the use of data processing rights.
User’s personal data may be processed in order to perform the contract, direct marketing of the administrator’s own products and services, including analytical purposes and response to queries – the legal basis for data processing is the necessity of processing for the contract and the legitimate interest of the administrator; it is justified for the administrator to provide the client with information about his services, to present offers tailored to the needs and interests of the client, to increase the sales of his services. Your data may be transferred to entities that process personal data at the request of the administrator, including IT service providers, marketing agencies, or agents – these entities process data on the basis of a contract with the administrator and only in accordance with the administrator’s instructions.
User’s personal data will be kept until the claims for the execution of the inquiry are time-barred or until the obligation to store data resulting from legal provisions expires. The administrator will no longer process data used for direct marketing purposes if User objects to the processing of your data for these purposes. User has the right to access his data and the right to demand their rectification, removal or restriction of their processing.
To the extent that the basis for the processing of User’s personal data is the premise of the legally legitimate interest of the administrator, User have the right to object to the processing of his personal data. In particular, User has the right to object to the processing of data for the purposes of direct marketing and profiling. To the extent that the basis for the processing of User’s personal data is consent, User has the right to withdraw his consent. Withdrawal of consent does not affect the lawfulness of the processing that was made on the basis of consent before its withdrawal.
To the extent that your data is processed in an automated manner in order to conclude and perform the contract or processed on the basis of consent – User also has the right to transfer personal data, i.e. to receive personal data from the controller, in a structured, commonly used machine-readable format. User may send this data to another data administrator. User also has the right to lodge a complaint with the supervisory body dealing with the protection of personal data. In order to exercise the above rights, User should contact the data controller.
Contact details are indicated above. Providing your personal data by yourself is voluntary, but failure to provide personal data will prevent the contract from being processed and we will not be able to respond to the message we received.
The processing of the User’s personal data will be carried out within the scope and under the terms of the Polish Electronic Services Act of 18 July 2002 (Dz. U. of 2002 No. 144, item. 1204, as amended) (the “Electronic Services Act”) and GDPR.
2.6. By ticking the appropriate box during the Registration, the User represents his consent to receive previously unsolicited commercial information sent by the Provider on its behalf or on behalf of third parties (e.g. information about any promotions or new products available on the Service) to the e-mail address provided by the User during the Registration. The consent referred to in the preceding sentence also applies to the time period after the Provider terminates the provision of the Services and, in particular, after the Agreement is terminated.
2.7. The Agreement is concluded for an indefinite period of time and may be terminated by the User or by the Provider in accordance with sec. 8 of these Terms.
2.8. Following the conclusion of the Agreement and in order to provide the Services, the Provider will process the following Basic Data:
a) User’s name and surname,
b) User’s e-mail address.
c) User’s address.
d) User’s telephone number.
2.9. By ticking the appropriate box during the Registration, the User requests the Provider to start providing the Services prior to the withdrawal deadline referred to in sec. 9.1 of these Terms.
3. THE RIGHTS and OBLIGATIONS
We can block, restrict or limit access to your account whenever we think it may pose a threat to yourself, ourselves or other users. You are responsible for any content posted, stored, published or transmitted through www.konkret.store
3.1. The Provider reserves the right to temporarily block any Account, suspend access to certain Services or suspend access to the Service entirely whenever it has been determined that the security of the Account, the Service or other Users is threatened. The Provider may require the User to reset his password. In such a case, the User will regain access to the Account immediately after the password has been reset.
3.2. In case of a serious breach of these Terms by the User or an attempt by the User to act to the detriment of any other User or the Provider, the Provider reserves the right to implement additional restrictions on the use of the Account, as well as, to remove the Account entirely (see sec. 9.2 below).
3.3. The Provider is not responsible for any content posted, stored, published or transmitted by the User through the Service and in connection with the Services. The User is obligated not to post, store, publish or transmit (through the Service or in connection with the Services) any content or material that is unlawful or which threatens the security of the Accounts, of other Users or of the Service.
4. ORDER
You place an order after going through the configuration process and by clicking the “pay now” button. If you have an account, you won’t need to provide your personal data again. All payments and deliveries are processed by third party providers. Note that we will not process your order before we receive payment confirmation. Also, due to the fact that all our products are custom made, you will not be able to cancel or change your order. You may, however, return your Product within 14 days without stating your cause for doing so.
Shipping is currently only available for:
Austria, Belgium, Bulgaria, Croatia, Czech Rep., Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Switzerland.
4.1. An Order is submitted once the User: (i) determines the Product Specification and (ii) presses a clearly marked button rerouting him to the payment page. The User submits an Order by following subsequent steps within the Service. In case an Order is submitted by a User who has not concluded an Agreement, sec. 2.2 to 2.7 of these Terms shall apply during the Order and to the data provided during the Order.
4.2. Once the Order has been placed:
a) the Provider is obligated to provide the User with a Product suitable for use, non-defective and finished in accordance with the final Specification, and
b) the User is obligated to pay the final price of the product. For all Users within the European Union, the final Product price indicated in the Service is gross (i.e. includes VAT). The final product price will be displayed in a currency accordant to the region in which The User is shopping. The Provider is not responsible for exchange rates or fees applied to the final product price and product assembly cost, should The User choose to make payment in a currency different than the indicated region-specific final price.
4.3. Before submitting an Order the User receives information on available payment methods.
4.4. Once the Order is submitted, the User will receive an e-mail confirming the Order’s final Specification and its acceptance by the Provider. At this point a contract for a sale of the ordered Product has been concluded between the Provider and the User (the “Purchase Agreement”) and the Order, the Specification, as well as, the Purchase Agreement itself, may not be amended.
4.5. The Provider will begin to execute the Order (i.e. initiate the Product’s production and delivery) immediately after confirmation of the User’s relevant payment is provided by the Broker. The User can track his Order using the dedicated tab in the Service.
4.6. The production process – from Users’s order through to finished Product – can take up to 70 days. Once the production and packaging of the Product is complete the Product is turned over to a company providing transport, delivery or freight forwarding services (the “Deliverer”). The Deliverer delivers the Product to the User. The risk of damage to or loss of the Product is transferred upon the User once the Product has been duly delivered to the User.
4.7. Due to the fact that the Product is not prefabricated and is produced in accordance with the Specification, as per art. 38 sec. 3 of the Polish Consumer Rights Act of 30 May 2014 (Dz. U. 2014 pos. 827) (the “Consumer Rights Act”), the User may only terminate the Purchase Agreement under the terms of sec. 8 below, of which the User will be informed prior to.
4.8. In special cases caused by the specific nature of the Order, in particular, high level of individualization and complexity of the project, numerous stages of the designing and production process, the obligation to use materials meeting quality requirements, the obligation to test the products to ensure their compliance with technical requirements, the Provider reserves the right to extend the deadline set in Point 5.6 of the Regulation. The Provider will immediately inform the User of the expected new delivery time, which will constitute an amendment of the terms of the Order.