Conditions of use
Last updated 24.05.2018
’We’ or ’us’ or "Krakowsky" or "krakowsky.eu" or "Kinly Management Ltd." means Kinly Management Ltd.
These Terms and Conditions apply to the use of www.krakowsky.eu (the “website”) and our sale and supply of goods and services via this website.
By using and accessing the website you agree to be bound by the Site Terms and all applicable law. You consented to these Site Terms the first time you accessed this website from a particular computer or device, and confirm your consent each time you use this website.
If you do not have the authority to agree to or accept these Site Terms, you may not use or access this website.
The links below provide detailed information about our Site Terms. Please read them carefully:
Definitions and interpretation
In the Site Terms:
"Consumer" means an individual who uses the website to purchase goods or services from us that are not related to their trade, business or profession;
"Cookies" are small text files stored on your computer.
Kinly Management Ltd means the company of which we are part, which currently includes only krakowsky.eu;
"Krakowsky Member" means a trade or individual member of Krakowsky club membership programmes operated by the Kinly Management or their affiliates;
"Krakowsky Satisfaction Guarantee" means the Krakowsky satisfaction guarantee set out in the Consumer Delivery, Cancellation, Replacement and Returns Policies;
"Higher Value Goods" means goods of which the price per unit to Krakowsky Members described on the website (exclusive of VAT and delivery charges) exceeds £1000;
’Personal Data’ means data that identifies an individual or that can be reasonably associated with a specific person or entity, such as a name, contact information, telephone number, Internet (IP) address, and information about an individual’s purchases and online shopping;
"Site Materials" means all materials on the website including, but without limitation to, trade marks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof;
"Subscriber" means an individual who pays an annual subscription fee in order to shop on www.krakowsky.eu but who is not a current Krakowsky Member.
’We’ or ’us’ or "Krakowsky" or "krakowsky.eu" or "Kinly Management Ltd." means Kinly Management Ltd. In the Site Terms, paragraph headings are used for convenience only. They are not intended to describe the entire content of the paragraphs or have any effect on their interpretation.
1. Shopping www.krakowsky.eu: one option
At the moment we offer only one way to shop:
Register: When you make your first purchase, at checkout you will be asked to register. We encourage to review the registration data that you have provided before every check out in order to make sure the all information are accurate and up to date. Registering person must be eighteen years of age or older.
2. Related policies and terms
Additional Site Terms apply to use of this website and our sale/supply of goods and services. These include:
Certain other, or amended, terms apply in the case of particular goods or services, where indicated elsewhere in the Site Terms or in the relevant part of the website.
Please review all relevant additional Site Terms. The Site Terms do not alter, in any way.
3. Modification of site terms
We reserve the right to modify these Site Terms at our sole discretion from time to time and only we have the right to do so. You may not alter, exclude or add to the Site Terms, and any attempt to do so shall have no effect. If the Site Terms are changed, we will post the new terms on the website and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised. Your use of the website following the posting will constitute your acceptance of the new Site Terms. However, any changes to the Site Terms will not affect the terms of any order you have already placed for goods or services via this website prior to such posting.
4. Limitations on usage, licence and website access
This website may only be used to order goods and services for delivery to addresses in the UK. The use of this website is governed by the laws of England and Wales. The laws of your jurisdiction may be more or less strict than the laws that apply to this website. If you access this website from outside the UK you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
To register and shop with this website you must be eighteen years of age or over. Please refer to Section 11 for more information in relation to the use of this website by minors.
If you meet the above requirements, we grant you a limited licence to make personal use only of the website. Such grant does not include, without limitation: (a) any resale or commercial use of this website or any Site Materials (defined above); (b) modification, adaptation, translation, reverse engineering, de-compilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trade marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making modifications to or other derivative uses of the website and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the website or any other user of the website. Except as noted above, you are not granted any right or licence by implication, estoppel, or otherwise in or under a patent, trademark, copyright, database right or other Intellectual Property right belonging to the Kinly Management Ltd or any third party. You may not use any meta-tags or any other ’hidden text’ utilising any name, trade mark, or product name of the Kinly Management Ltd or Krakowsky without our express written consent. We may terminate this licence, your registration and/or your use of or access to the website at any time if you breach or permit any breach of these Site Terms. Such actions by you may also breach applicable laws, including but without limitation to: copyright laws, trademark laws, communications, regulations and statutes. We reserve the right to enforce our legal rights.
5. Contract pricing, formation, payment and non-member surcharge
Prices indicated on the website do not include UK mainland delivery charges (unless stated otherwise). Nothing in these Site Terms or elsewhere on this website constitutes an offer to sell or supply goods or services. Your order of goods or services constitutes an offer to purchase them. Our Order Confirmation confirms the receipt of your order, but does not constitute an acceptance of it.
Title to goods that you order will not pass to you until we have received payment in full for the goods concerned and the goods are delivered to you. We reserve our rights to retain the goods, or recover them from you, at any time until you have paid in full. The risk of loss of or damage to goods that you order will pass to you at the same time as title passes.
We shall be under no liability for any delay or failure to deliver goods or services ordered via this website if the delay or failure is caused by circumstances beyond our reasonable control.
At the moment we accept payments only via PayPal. When you order goods from us, you will be transferred to complete your order to secured PayPal website.
All PayPal payments are subject to authorisation by PayPal. If your payment is not authorised, or for any other reason we are not able to take payment when we attempt to do so, we will not fulfil your order. We reserve the right to refuse a registration to any applicant, and we may revoke a registration at any time with or without cause.
6. Product descriptions and availability, price indications and offers and changes
We take reasonable precautions to ensure that goods and services are fairly and accurately described on our website and that they are available at the prices listed. However, please note that, subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this website without any prior notice, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including but without limitation to product descriptions, photographs and product user guides) are accurate, complete, reliable, current or error-free; and (e) reserve the right not to process orders, and to revise orders or recover funds where the price or other material information on this website is inaccurate or when we recognise there has been a material error or breach of the Site Terms. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
For more information please see our Returns, Cancellations and Assistance Procedures.
7. Passwords and security
If you use a password to access this website or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer. If you use a shared computer, remember to sign-out once you finish shopping at krakowsky.eu. In the event that the confidentiality of your account or password is compromised in any manner, you must immediately notify our Customer Service on number 0203 286 5538.
We reserve the right to take any and all action as necessary or reasonable to maintain the security of the website and your account, including but without limitation to: terminating your account, changing your password or requesting information to authorise or cancel transactions on your account.
While we take prudent steps to protect your account and the website, we cannot protect your information outside of the website. For example, if we communicate with you electronically but outside of the website, you acknowledge that the communication may not be transmitted and/or stored securely, and may be viewed by others. You acknowledge that by requesting information by e-mail, we may transmit it to you and store it in an unencrypted form. Similarly e-mails you send to us may also be unencrypted, and thus may be viewed by others. We may rely on the authority of anyone accessing your account or using your password. You accept responsibility for their activities. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of krakowsky.eu under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorised access to your account or use of your password.
8. Intellectual property
All Site Materials are owned by us, and are protected by UK and international copyright, trade mark and other intellectual property laws.
8.2 Restrictions on Use
Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or the respective intellectual property rights owner.
You may electronically copy and print portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without our prior written permission is strictly prohibited.
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this website is licensed to you on a non-exclusive and limited basis. The Kinly Management Ltd. shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create modified copyright works or other derivative works from any Software.
10.1 Links to the website
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this website, provided such link does not portray any of the Kinly Management Ltd. or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilise framing techniques to enclose any logo or other proprietary information of the Kinly Management Ltd, including the images found at this website, the content of any text or the layout/design of any page, or form contained on a page without our express written consent. All other linking is prohibited without our prior consent. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise to any patent, trade mark, copyright, design right, database right or other intellectual property right of the Kinly Management Ltd. or any third party.
10.2 Third Party Links
We provide links and access to third party websites who we allow to offer goods, information and/or services. We do not monitor or assume responsibility for the content of third parties' statements or websites. Accordingly, we do not endorse or adopt these websites or any information they contain. We make no representations or warranties whatsoever regarding, such third party websites and accept no responsibility for the quality, content, nature, accuracy or reliability of websites accessible by hyperlink from this website or otherwise linked to this website.
11. Your responsibilities; information you provide to us; enforcement
If you become a register on this website, you agree that any information you provide to us will be current, accurate and complete. You must inform us of any changes to that information by updating your personal registration details on this website.
In addition, you agree not to use the website to: (1) Engage in or encourage a criminal offence, breachthe rights of any party, or otherwise create liability or breach any national, or international law; (2) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and (3) Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, bots or any other computer programming routines that may damage, spy-on, interfere with, surreptitiously intercept or expropriate any system, programme, data or Personal Data controlled or possessed by krakowsky.eu.
All access to and use of this website is governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on this website. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any e-mails or other communications. Consistent with our Privacy Statement and the Data Protection Act of 1998, we may disclose such information to any third party including law enforcement agencies to protect our rights, property or staff in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation.
We may investigate any reported breach of our Site Terms or complaints and take any action that we deem appropriate. We have the right, but not the obligation, to carry out this process. We can carry out such actions, including but not limited to: issue a warning, suspend or terminate your access and use of the website and related services at any time. Neither Krakowsky nor Kinly Management Ltd take no responsibility and assumes no liability for any Content posted or uploaded by any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this website.
11.1 Responsibility for your Conduct
You agree to indemnify and hold harmless krakowsky.eu and Kinly Management Ltd. and its employees, agents and representatives from any claim, action or demand claiming loss, or damages (including legal fees) made or incurred by any third party arising out of or relating to your use of the website, your breach of any Site Terms or of any rights of a third party. Indirect or attempted breaches of these Site Terms or any policy, and actual or attempted breaches by a third party on behalf of a user of this website will be considered breaches of these Site Terms by such user.
We do not knowingly permit any person under 18 years of age to use this website. If you are under 18 years of age, you must not attempt to order goods or submit Personal Data via this website or otherwise use this website.
This website and the materials provided on it are provided on an "as is" basis and, to the extent permitted by applicable law, without warranties of any kind, either express or implied. Krakowsky and Kinly Management Ltd. disclaims, to the extent permitted by applicable law, all warranties, conditions and terms express or implied, including, but not limited to, any warranties that might be implied as to the compatibility of the website with your computer equipment, software or telecommunications links, or as to the fitness for any particular purpose of the website or the content on the website. Krakowsky and Kinly Management Ltd. do not represent or warrant that the website will be available, that the website services will meet your requirements or that materials in this website are accurate, complete, reliable, current, or error-free. Krakowsky and Kinly Management Ltd. are not responsible for typographical errors or omissions relating to pricing, text or photography. Krakowsky and Kinly Management Ltd. do not represent or warrant that this website or its server(s) are free of viruses or other harmful components, even if Krakowsky and Kinly Management Ltd or its authorised representatives have been advised of the possibility of such viruses or other harmful components and you are advised to use up-to-date commercially available virus screening software when accessing or otherwise using this website. You expressly agree that use of this website, including all content, data or software, distributed by, downloaded or accessed from or through this website is at your sole risk.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Krakowsky and Kinly Management Ltd.
14. Limitation of liability
Please see our Returns and Cancellations Procedures for details of the Krakowsky Satisfaction Guarantee. Nothing in this section affects your rights under the Krakowsky Satisfaction Guarantee or your statutory rights including, but not limited to, your statutory cancellation rights. For further information on Consumer statutory rights, please see Section 18 (Further Information) below or Statutory Rights section.
Except to the extent that applicable law may prohibit the exclusion of such liability, Krakowsky and Kinly Management Ltd. shall have no liability for any direct, special, punitive, exemplary, indirect or consequential losses, liabilities, costs (including legal costs), expenses or damages of any kind (collectively, "loss and damage"), including but not limited to loss of use, loss of profits, loss of business opportunity, loss of data, loss of goodwill or reputation whether in an action in contract, tort, for tortious or contractual negligence, or otherwise, arising out of or in any way connected with the use or inability to use this website or the materials contained in, or accessed through, this website. This does not apply to any liability we may have towards you in respect of goods and services that we sell or supply to you.
Other than as set out above in this section, we shall not be liable to you for any loss and damage which is not a reasonably foreseeable consequence of your use of this website and purchase of goods and services in accordance with these Site Terms.
If you are not a Consumer, our maximum aggregate liability to you in respect of goods and services that you purchase from us via the website (whether in contract, tort including negligence, strict liability, breach of statutory duty or other legal theory) shall be limited to the price charged to you in relation to those goods and services.
Nothing in this section shall operate to exclude or limit in any way our liability for personal injury or death caused by our negligence or our liability for fraud.
15. Governing law and jurisdiction
These Site Terms shall be governed by and construed in accordance with the laws of England and Wales. Regardless of where you access this website, you agree that any claim or other legal action in law or in equity arising out of or relating to the Site Terms shall be determined only in the courts of England and Wales, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site Terms.
Notwithstanding the Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your licence to use this website, and to block or prevent future access to and use of this website if you breach any of the Site Terms or applicable law. Upon termination, these Site Terms shall still apply.
17. Severability and waivers
If any provision of the Site Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed to be severed from the rest of the Site Terms and shall not affect the validity and enforceability of any and all remaining provisions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any and all provisions documented within the Site Terms. All waivers shall be made in writing.
18. Third party rights
No party who is not a party to the agreement between us created by the Site Terms (other than Kinly Management Ltd's subsidiaries and affiliates) shall have any right to enforce any of the Site Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
19. Protection of Personal Data
20. Further information
For further information about Consumer statutory rights, please see our Consumer Fact Sheet: U.K. Statutory Cancellation Right or visit www.adviceguide.org.uk.
21. Contact us
If you experience difficulties in using the website or wish to report any matter relating to this website, please contact us:
By phone: 0203 286 5538.
By e-mail: firstname.lastname@example.org.
By mail: Krakowsky, 94 Mackintosh Place, CF24 4RR, Cardiff, United Kingdom