Terms and conditions

TERMS AND CONDITIONS OF THE
KONGER.COM ONLINE SHOP

1. GENERAL PROVISIONS

1.1.    The KONGER online shop, operating at www.konger.com, is run by KONGER FISHING EXPERT sp. z o.o. (a limited liability company incorporated under Polish law), with its registered office at ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland, entered in the register of entrepreneurs under KRS 0000712148 (Polish National Court Register, District Court for the Capital City of Warsaw, 14th Commercial Division), NIP (tax ID) 1182162558, VAT EU: PL1182162558, REGON 369189247, with a share capital of PLN 5,000.

1.2.    These Terms set out the rules for placing orders for Goods in the KONGER online shop, the manner of concluding distance sales Agreements for Goods and of making purchases in the KONGER online shop, as well as the complaints procedure and the procedure for withdrawal from Agreements by the Consumer / Entrepreneur with Consumer Rights.

1.3.    With regard to services provided by electronic means, these Terms constitute the terms of service referred to in Article 8(1)(1) of the Polish Act of 18 July 2002 on the provision of electronic services.

1.4.    The Terms apply to all Customers of the Shop. All Customers are required to read the provisions of the Terms before placing any order. The Terms may be downloaded and printed at any time.

1.5.    Where Customers are natural persons, the services of the Shop may be used only by persons who are at least 18 years of age and have full legal capacity.

1.6.    Each Customer is required to comply with the provisions of the Terms. Sales are made on the basis of the version of the Terms in force at the time the Agreement is concluded (acceptance of the Customer’s offer by the Seller).

1.7.    Use of the Shop requires a device with internet access and an up-to-date web browser installed (e.g. Google Chrome, Mozilla Firefox, Opera or Safari), running an up-to-date operating system (e.g. Windows, Linux, macOS). Certain features of the Shop, including registration of an Account and placing orders for Goods, require an active e-mail account.

1.8.    The Customer shall refrain from providing unlawful content and from using the Shop, the Shop’s website or the free-of-charge services provided by the Seller in a manner that is contrary to the law or to good morals, or that infringes the rights of third parties, in particular their personal rights.

1.9.    The Seller informs the Customer that, owing to the public nature of the internet and the provision of services by electronic means, there is a risk of unauthorised acquisition or modification by third parties of data transmitted by the Customer (e.g. through phishing, viruses or access to the Account where the password is inadequately protected). The Seller therefore recommends that the Customer use appropriate technical measures to limit this risk, in particular up-to-date anti-virus software and identity protection tools. In view of this risk, the Seller also informs the Customer that it applies technical and organisational measures aimed at minimising the risks indicated, in particular encryption of data transmission using the TLS protocol, regular updates of server software and restriction of access to data.

1.10.    The Terms are available in Polish, English, French, Italian, Spanish and German. The Agreement is concluded in the language of the Shop version used by the Customer when placing the order; the Terms in that language form part of the Agreement.

2. DEFINITIONS

The terms and expressions used in the Terms (regardless of where they are used) have the following meanings:

2.1.    Terms - this set of rules governing the use of the services of the Shop by Customers.

2.2.    Consumer - a natural person aged at least 18 who concludes an Agreement through the Shop for purposes not directly related to his or her business or professional activity.

2.3.    Entrepreneur with Consumer Rights - a natural person who concludes, through the Shop, an Agreement directly related to his or her business activity, where the content of that Agreement shows that it is not of a professional nature for that person, such nature resulting in particular from the subject of his or her business activity as made available under the provisions on the Polish Central Register and Information on Economic Activity (CEIDG) or in an equivalent register in the Customer’s country of establishment. For the purposes of these Terms, where no distinction is made between these two groups of persons, the Terms apply to both Consumers and Entrepreneurs with Consumer Rights.

2.4.    Customer - a natural person (including a Consumer and an Entrepreneur with Consumer Rights) aged at least 18, a legal person, or an organisational unit without legal personality to which specific provisions grant legal capacity, who uses the services provided by the Shop.

2.5.    Order Form - a service available on the Shop’s website through which the Customer may submit to the Seller an offer to purchase the Goods selected by the Customer, in particular by adding Goods to the Cart and specifying the conditions of the Agreement, including the delivery and payment method.

2.6.    Cart - an element of the Shop in which the Goods selected by the Customer are displayed and in which the Customer may determine and modify the details of his or her order, including the quantity of Goods ordered.

2.7.    Shop - the online trading platform owned by the Seller, available at the domain www.konger.com, through which the Customer may place an order for Goods with the Seller.

2.8.    Seller - KONGER FISHING EXPERT sp. z o.o. (a limited liability company incorporated under Polish law), with its registered office at ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland, entered in the register of entrepreneurs under KRS 0000712148 (Polish National Court Register, District Court for the Capital City of Warsaw, 14th Commercial Division), NIP (tax ID) 1182162558, VAT EU: PL1182162558, REGON 369189247, with a share capital of PLN 5,000, which, in the course of its business, runs the Shop by means of its website.

2.9.    Goods - movable items presented by the Seller on the Shop’s website which may be the subject of an Agreement.

2.10.    Goods with Digital Elements - Goods which incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the Goods from functioning properly.

2.11.    Digital Environment - computer hardware, software and network connections used by the Consumer / Entrepreneur with Consumer Rights to access or make use of digital content or a digital service.

2.12.    Integration - the connection of digital content or a digital service with the components of the Digital Environment of the Consumer / Entrepreneur with Consumer Rights and its incorporation into those components in order to ensure conformity with the contract for the supply of digital content or a digital service.

2.13.    Compatibility - the ability of digital content, a digital service or goods to function with hardware or software with which digital content, digital services or goods of the same type are normally used, without the need to convert them.

2.14.    Functionality - the ability of digital content, a digital service or goods to perform their functions having regard to their purpose.

2.15.    Interoperability - the ability of digital content, a digital service or goods to function with hardware or software different from those with which digital content, digital services or goods of the same type are normally used.

2.16.    Agreement - a distance sales agreement for the Goods concluded between the Customer and the Seller through the Shop.

2.17.    Account - an individual panel assigned to a given Customer and activated for that Customer by the Seller after the Customer has registered in the Shop, identified by an individual user name (login) and a password provided by the Customer, and containing a set of information stored in the Seller’s ICT system (in the Shop), including in particular the Customer’s data and information about the Customer’s orders.

3. ACCEPTANCE AND PERFORMANCE OF ORDERS

3.1.    The condition for using the Shop is that the Customer reads and accepts these Terms. By placing an order, the Customer accepts the content of the Terms.

3.2.    None of the information on the Shop’s website www.konger.com relating to the Goods (including prices) constitutes an offer within the meaning of Article 66 of the Polish Civil Code of 23 April 1964; it constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code of 23 April 1964. By sending the Order Form, the Customer submits an offer to purchase the specified Goods and to have them delivered, at the price and on the conditions stated on the Shop’s website. Consequently, the Seller has in every case the right to refuse to accept the Customer’s offer and thus to refuse to conclude the Agreement.

3.3.    The Shop labels sponsored offers and paid advertisements. This information is presented in direct connection with the relevant search result, in a visible manner that stands out from the general interface.

3.4.    Prices of Goods in the Shop are stated in the currency indicated in the Shop (EUR or PLN) and are gross prices. The price stated in the order constitutes the total value of the Goods that the Customer is required to pay, including value added tax (VAT) at the rate applicable in the Member State of delivery (EU One-Stop Shop (OSS) scheme). The cost of delivery of the Goods is added to the price of the Goods; its amount depends on the delivery method chosen by the Customer from among those indicated in the Order Form.

3.5.    If the Consumer / Entrepreneur with Consumer Rights is to be required to make a payment exceeding the price and the cost of the delivery method chosen, as described in the preceding point, the Shop will inform the Consumer / Entrepreneur with Consumer Rights of this fact without undue delay, explaining the reason for the price difference. Additional costs will be charged to the Consumer / Entrepreneur with Consumer Rights only after his or her express consent has been obtained.

3.6.    The Seller reserves the right, in accordance with applicable law, to change the prices of Goods in the Shop, to introduce new Goods to the Shop’s website, to run and cancel promotional campaigns or to make changes to them.

3.7.    Where a promotion is introduced, the Shop informs Customers of the lowest price of the Goods applied during the last 30 days before the price reduction. If the Goods have been on sale for less than 30 days, the price before the promotion is the lowest price applied since the Goods were introduced to the Shop. This information is presented next to the promotional price of the Goods.

3.8.    Orders from Customers are accepted by means of the Order Form submitted via www.konger.com or by e-mail to shop@konger.com, 7 days a week, 24 hours a day.

3.9.    The Customer orders Goods (submits an offer) by selecting the Goods in which he or she is interested, clicking the “Add to cart” button next to the description of the Goods, then, from the “Cart” available in the Shop, completing the Order Form, including choosing the delivery method (which entails the Customer’s obligation to bear the cost of the chosen delivery method as shown in the Order Form) and the payment method, and finally clicking the button labelled “Buy now”, which confirms the submission of the purchase offer. Until this button is clicked, the Customer may check and correct the data entered in the Cart and in the Order Form at any time.

3.10.    Entrepreneurs with Consumer Rights should indicate, at the time of placing the order for Goods, that the purchase is not of a professional nature for them.

3.11.    After placing the order, the Customer will receive without undue delay, at the e-mail address provided in the Order Form, a confirmation that the Shop has received his or her order (offer to conclude a sales agreement for the Goods concerned). This confirmation of receipt does not yet constitute acceptance of the offer.

3.12.    The Agreement is concluded when the Seller accepts the Customer’s offer, either by dispatching the ordered Goods, of which the Customer is informed by e-mail (shipping confirmation), or, if earlier, by an express declaration of acceptance sent by e-mail (order acceptance). The Seller accepts or rejects the offer within five (5) working days of receipt of the order or, where payment is made in advance by bank transfer, of receipt of the full payment. Until the offer has been accepted, the Customer may cancel the order free of charge, e.g. by e-mail to shop@konger.com. If the Seller does not accept the offer within that period, the Customer is no longer bound by the order. If ordered Goods are unavailable, no Agreement is concluded in respect of those Goods and the Seller informs the Customer without undue delay; if only some of the ordered Goods are unavailable, the Seller delivers the remaining Goods only with the Customer’s consent. Any payments already made for Goods in respect of which no Agreement has been concluded are refunded in accordance with point 5.4. The Seller stores the content of the Agreement (order data). The confirmation of the conclusion of the Agreement (shipping confirmation or order acceptance), together with these Terms, is sent to the Customer on a durable medium (e-mail); Customers with an Account can also view the order data in the Account.

3.13.    Processing of the order (picking and dispatch of the Goods) begins:

a) for orders paid in advance by bank transfer – once the full payment for the order has been credited to the Seller’s bank account;

b) for orders paid through an online payment service (PayU) – once the payment has been successfully completed.

3.14.    Orders placed in the Shop are processed during the Shop’s business hours (on working days, Monday to Friday, from 7:00 to 15:00 Polish time (CET/CEST)). Orders placed on working days after 15:00, or on Saturdays, Sundays or public holidays in Poland, will be processed on the next working day.

3.15.    A proof of purchase (receipt or invoice) is issued for each order. At the Customer’s request, the Seller will issue a VAT invoice, provided that the Customer has given its tax identification number (VAT number) no later than when completing the Order Form.

3.16.    The Customer may communicate with the Shop by the following means:

a) e-mail: shop@konger.com;

b) telephone: +48 661 119 900 (calls are charged at the international call rates of the Customer’s operator);

c) correspondence address: KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland;

d) address for withdrawal from the Agreement: KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland;

e) Customer service is provided in Polish and English.

4. DELIVERY AND TRANSPORT COSTS

4.1.    Orders placed in the Shop are shipped by the carriers indicated in the Order Form. The available delivery methods and their costs depend on the country of delivery and are always presented in the Order Form before the order is placed.

4.2.    Orders placed in the Shop are processed only on working days from 7:00 to 15:00 Polish time (CET/CEST). Orders placed on working days after 15:00, or on Saturdays, Sundays or public holidays in Poland, will be processed on the next working day.

4.3.    The waiting time for the parcel consists of the order processing time, i.e. the picking and packing of the ordered Goods, which usually takes 2 working days, and the expected delivery time to the country of delivery, which is indicated in the Order Form before the order is placed. Where no time of delivery has been agreed, the Seller delivers the Goods without undue delay and at the latest within 30 days of the conclusion of the Agreement (Article 18 of Directive 2011/83/EU).

4.4.    The Goods may be delivered to the Member States of the European Union indicated in the Order Form, with the exception of territories outside the EU VAT area (in particular the Canary Islands, Ceuta and Melilla, the French overseas departments and territories, the Åland Islands, Mount Athos, Livigno and Campione d’Italia). Deliveries are also possible to Poland and to other countries indicated in the Order Form. The Seller does not deliver Goods to the United Kingdom.

4.5.    Where the Customer is neither a Consumer nor an Entrepreneur with Consumer Rights, the Seller is not liable for delays attributable to the carrier. Towards Consumers and Entrepreneurs with Consumer Rights, the Seller remains responsible for the proper performance of delivery until the Goods are handed over, in accordance with applicable mandatory provisions.

4.6.    When receiving a parcel delivered by a courier, the Customer should, if possible, carefully check, in the courier’s presence, the contents and completeness of the parcel, the condition of the outer packaging and the condition of the ordered Goods. If the parcel is damaged, the Customer should, if possible, draw up a damage report together with the courier, in two identical copies signed by the Customer and the courier. Failure to do so does not affect the statutory rights of the Consumer / Entrepreneur with Consumer Rights.

5. PAYMENT

5.1.    The following payment methods are available in the Shop:

·         bank transfer to the Seller’s EUR account held with Credit Agricole Bank Polska S.A., IBAN: PL18 1940 1076 3303 2467 0000 0000, BIC/SWIFT: AGRIPLPR;

·         for payments in PLN: bank transfer to the Seller’s PLN account held with Credit Agricole Bank Polska, account number 06 1940 1076 3277 5549 0000 0000 (IBAN: PL06 1940 1076 3277 5549 0000 0000), BIC/SWIFT: AGRIPLPR;

·         via the PayU online payment service.

5.2.    The detailed rules and conditions for making payments through banks or other available services are set out in the relevant terms and conditions of those banks and services.

5.3.    A Customer who has chosen payment by bank transfer is required to pay for the order within three (3) working days of the date on which the order was placed. Otherwise, the Customer’s offer will be removed from the Shop’s ICT system. It is sufficient to state only the order number in the payment reference. The payment deadline may be extended, provided that the Shop’s customer service has been informed of this in advance by e-mail at shop@konger.com.

5.4.    If the Customer has made a payment and the Seller does not accept the Customer’s offer, the Seller shall refund the funds received to the Customer without undue delay using the same means of payment as that used by the Customer for the order, unless the Customer and the Seller jointly agree on a different method of refund.

6. COMPLAINTS

6.1.    The Seller is liable for any lack of conformity of the Goods with the Agreement. The provisions of the Polish Civil Code of 23 April 1964 on statutory warranty for defects (rękojmia) do not apply to agreements under which ownership of Goods is to be transferred to the Consumer / Entrepreneur with Consumer Rights, including in particular sales agreements, supply agreements and contracts for specific work (umowa o dzieło) the result of which is Goods.

6.2.    Goods sold to the Consumer / Entrepreneur with Consumer Rights are in conformity with the Agreement if, in particular:

1)    their description, type, quantity, quality, completeness and Functionality and, in the case of Goods with Digital Elements, also their Compatibility, Interoperability and the availability of updates are in conformity with the Agreement;

2)    they are fit for any particular purpose for which the Consumer / Entrepreneur with Consumer Rights requires them, of which the Consumer / Entrepreneur with Consumer Rights notified the Seller at the latest at the time of conclusion of the Agreement and which the Seller accepted;

3)    the Goods are fit for the purposes for which Goods of the same type are normally used, taking into account applicable law, technical standards or good practice;

4)    the Goods are of such quantity and have such characteristics, including durability and safety and, in the case of Goods with Digital Elements, also Functionality and Compatibility, as are typical of Goods of that type and as the Consumer / Entrepreneur with Consumer Rights may reasonably expect, having regard to the nature of the Goods and to public statements made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller proves that: (1) it was not aware of the public statement in question and, acting reasonably, could not have been aware of it, (2) before the conclusion of the Agreement, the public statement had been corrected in the same manner and form in which it had been made, or in a comparable manner, or (3) the public statement did not influence the decision of the Consumer / Entrepreneur with Consumer Rights to conclude the Agreement;

5)    the Goods are delivered with such packaging, accessories and instructions as the Consumer / Entrepreneur with Consumer Rights may reasonably expect to receive;

6)    the Goods are of the same quality as the sample or model that the Seller made available to the Consumer / Entrepreneur with Consumer Rights before the conclusion of the Agreement and correspond to the description of such sample or model.

6.3.    The Seller is liable for any lack of conformity with the Agreement of Goods sold to the Consumer / Entrepreneur with Consumer Rights which exists at the time of their delivery and becomes apparent within two (2) years of that time, unless the period of fitness for use of the Goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer. Any lack of conformity with the Agreement of Goods sold to the Consumer / Entrepreneur with Consumer Rights which becomes apparent within two (2) years of delivery of the Goods is presumed to have existed at the time of their delivery, unless the contrary is proven or this presumption is incompatible with the nature of the Goods or with the nature of the lack of conformity.

6.4.    With regard to Goods with Digital Elements sold to the Consumer / Entrepreneur with Consumer Rights, the Seller is liable for any lack of conformity with the Agreement of digital content or a digital service supplied continuously which occurs or becomes apparent within the period during which, under the Agreement, they are to be supplied. That period may not be shorter than two years from the time of delivery of the Goods with Digital Elements. Where the buyer is a Consumer or an Entrepreneur with Consumer Rights, any lack of conformity of the digital content or digital service with the Agreement is presumed to have occurred within that period if it became apparent within that period.

6.5.    Where assembly instructions are supplied with the Goods, the Seller is not liable for assembly carried out in a manner inconsistent with those instructions; in particular, the Seller is not obliged to disassemble and reassemble the Goods and does not bear the costs of such operations.

6.6.    If Goods sold to the Consumer / Entrepreneur with Consumer Rights are not in conformity with the Agreement, the Consumer / Entrepreneur with Consumer Rights may request that they be repaired or replaced. The Seller may replace the Goods where the Consumer / Entrepreneur with Consumer Rights requests repair, or repair them where the Consumer / Entrepreneur with Consumer Rights requests replacement, if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer / Entrepreneur with Consumer Rights is impossible or would entail excessive costs for the Seller. If both repair and replacement are impossible or would entail excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Agreement. In assessing whether the costs for the Seller are excessive, all the circumstances of the case are taken into account, in particular the significance of the lack of conformity, the value the Goods would have if they were in conformity with the Agreement, and the significant inconvenience to the Consumer / Entrepreneur with Consumer Rights resulting from a change in the manner of bringing the Goods into conformity with the Agreement.

6.7.    The Seller carries out repair or replacement within a reasonable time from the moment at which the Consumer / Entrepreneur with Consumer Rights informed it of the lack of conformity with the Agreement, and without significant inconvenience to the Consumer / Entrepreneur with Consumer Rights, taking into account the nature of the Goods and the purpose for which the Consumer / Entrepreneur with Consumer Rights acquired them. The costs of repair or replacement, including in particular postage, carriage, labour and materials, are borne by the Seller. For this purpose, the Consumer / Entrepreneur with Consumer Rights shall make the Goods to be repaired or replaced available to the Seller. The Seller collects the Goods from the Consumer / Entrepreneur with Consumer Rights at its own expense.

6.8.    If Goods sold to the Consumer / Entrepreneur with Consumer Rights are not in conformity with the Agreement, the Consumer / Entrepreneur with Consumer Rights may submit a declaration of price reduction or of termination of the Agreement where:

a) the Seller has refused to bring the Goods into conformity with the Agreement;

b) the Seller has not brought the Goods into conformity with the Agreement;

c) the lack of conformity of the Goods with the Agreement persists even though the Seller has attempted to bring the Goods into conformity with the Agreement;

d) the lack of conformity of the Goods with the Agreement is so serious as to justify a price reduction or termination of the Agreement without first requesting repair or replacement;

e) it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without significant inconvenience to the Consumer / Entrepreneur with Consumer Rights.

6.9.    In the case referred to in point 6.8 of the Terms, the reduced price must bear the same proportion to the price under the Agreement as the value of the non-conforming Goods bears to the value of the Goods in conformity with the Agreement. The Seller refunds to the Consumer / Entrepreneur with Consumer Rights the amounts due as a result of the exercise of the right to a price reduction without undue delay, and in any event no later than fourteen (14) days from the date of receipt of the declaration of price reduction from the Consumer / Entrepreneur with Consumer Rights.

6.10.    The Consumer / Entrepreneur with Consumer Rights may not terminate the Agreement if the lack of conformity of the Goods with the Agreement is minor. The lack of conformity of the Goods with the Agreement is presumed not to be minor.

6.11.    If the lack of conformity with the Agreement concerns only some of the Goods delivered under the Agreement, the Consumer / Entrepreneur with Consumer Rights may terminate the Agreement only in respect of those Goods, and also in respect of other Goods acquired by the Consumer / Entrepreneur with Consumer Rights together with the non-conforming Goods, if the Consumer / Entrepreneur with Consumer Rights cannot reasonably be expected to agree to keep only the Goods that are in conformity with the Agreement.

6.12.    In the event of termination of the Agreement in the cases referred to in point 6.8 of the Terms, the Consumer / Entrepreneur with Consumer Rights shall return the Goods to the Seller without undue delay at the Seller’s expense. The Seller refunds the price to the Consumer / Entrepreneur with Consumer Rights without undue delay, and in any event no later than fourteen (14) days from the date of receipt of the Goods or of proof of their return, using the same means of payment as that used by the Consumer / Entrepreneur with Consumer Rights, unless the Consumer / Entrepreneur with Consumer Rights has expressly agreed to a different method of refund which does not involve any costs for him or her.

6.13.    Complaints concerning purchased Goods may be submitted:

a) in writing, to the address of the Seller’s registered office: KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland;

b) by e-mail, to: shop@konger.com.

6.14.    A complaint should include:

a) the details of the person submitting the complaint (first name and surname, correspondence address, e-mail address and contact telephone number);

b) the reason for the complaint and the remedy requested;

c) the order number shown in the order acceptance confirmation;

d) the original or a copy of the proof of purchase (e.g. a receipt or an invoice), which may facilitate the handling of the complaint but is not required in order to submit it.

6.15.    The Seller will consider the complaint within 14 days and will inform the Consumer / Entrepreneur with Consumer Rights of the outcome by e-mail or text message (SMS) sent to the e-mail address or telephone number provided by the Customer.

6.16.    To the extent permitted by applicable law, and in accordance with Article 558 § 1 of the Polish Civil Code of 23 April 1964, the Seller excludes, towards Customers who are not Consumers / Entrepreneurs with Consumer Rights, its liability under statutory warranty (rękojmia) for physical and legal defects of the Goods sold.

6.17.    The above provisions do not preclude the Seller from granting a commercial guarantee for the purchased Goods, as provided for in the applicable guarantee terms.

6.18.    If the Consumer / Entrepreneur with Consumer Rights chooses repair as a remedy for the lack of conformity, the period of the Seller’s liability referred to in point 6.3 is extended by twelve (12) months, i.e. from two (2) to three (3) years from delivery of the Goods (Directive (EU) 2024/1799 on common rules promoting the repair of goods – the right to repair).

7. RIGHT OF WITHDRAWAL

7.1.    In accordance with the Polish Act of 30 May 2014 on consumer rights (implementing Directive 2011/83/EU), the Consumer / Entrepreneur with Consumer Rights may withdraw from the Agreement concerning Goods purchased in the Shop, without giving any reason, by submitting an unequivocal statement (e.g. by post, by e-mail or using the withdrawal function referred to in point 7.13) within fourteen (14) days from the date of delivery of the Goods (i.e. from the day on which the Consumer / Entrepreneur with Consumer Rights takes possession of the Goods). This deadline is deemed to be met if the Consumer / Entrepreneur with Consumer Rights sends the statement before it expires.

7.2.    The Consumer / Entrepreneur with Consumer Rights may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. A model statement is set out in Annex 1 to these Terms.

7.3.    The statement of withdrawal from the Agreement should be sent to: KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland, or to the e-mail address shop@konger.com; it may also be submitted using the withdrawal function referred to in point 7.13.

7.4.    Where a statement of withdrawal from the Agreement has been submitted, the Consumer / Entrepreneur with Consumer Rights shall return the Goods to the Seller without undue delay, and in any event no later than fourteen (14) days from the day on which he or she withdrew from the Agreement. To meet this deadline, it is sufficient to send back the Goods before it expires.

7.5.    The Consumer / Entrepreneur with Consumer Rights bears only the direct costs of returning the Goods, including where, owing to their nature, the Goods cannot normally be returned by post. The costs of returning the Goods from the country of the Consumer / Entrepreneur with Consumer Rights to Poland are borne by the Consumer / Entrepreneur with Consumer Rights. The Seller may indicate a recommended carrier for the return.

7.6.    The Goods should be returned to the Seller’s address:

KONGER FISHING EXPERT sp. z o.o.

ul. Warszawska 19b

05-082 Blizne Łaszczyńskiego

Poland

7.7.    Within fourteen (14) days of receipt of the statement of withdrawal from the Agreement, the Seller will refund to the Consumer / Entrepreneur with Consumer Rights all payments made by him or her, including the cost of delivery of the Goods (with the exception of additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered), provided that the refund will not be made until the Goods have been received back or the Consumer / Entrepreneur with Consumer Rights has supplied proof of having sent them back, whichever is earlier.

7.8.    If the Consumer / Entrepreneur with Consumer Rights has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer / Entrepreneur with Consumer Rights for the additional costs incurred.

7.9.    The Seller makes the refund using the same means of payment as that used by the Consumer / Entrepreneur with Consumer Rights, unless the Consumer / Entrepreneur with Consumer Rights and the Seller jointly agree on a different method of refund.

7.10.    The Consumer / Entrepreneur with Consumer Rights is liable for any diminished value of the Goods resulting from handling them in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

7.11.    The right of withdrawal from the Agreement is not available to the Consumer / Entrepreneur with Consumer Rights in respect of an Agreement:

a) for the supply of Goods which are not prefabricated and are made to the specifications of the Consumer / Entrepreneur with Consumer Rights or are intended to meet his or her individual needs;

b) for the supply of Goods which are liable to deteriorate rapidly or have a short period of fitness for use;

c) for the supply of Goods delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery;

d) for the supply of Goods which, after delivery, are by their nature inseparably mixed with other items;

e) for the supply of sound or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;

f) for the supply of Goods with Digital Elements, digital services or digital content not supplied on a tangible medium, for which the Consumer / Entrepreneur with Consumer Rights is required to pay a price, if the Seller has begun performance with the express and prior consent of the Consumer / Entrepreneur with Consumer Rights, who was informed before performance began that he or she would lose the right of withdrawal once the Seller had performed, and acknowledged this, and the Seller has provided him or her with a confirmation.

7.12.    The right to withdraw from a distance Agreement is available exclusively to Consumers and Entrepreneurs with Consumer Rights.

7.13.    The Consumer / Entrepreneur with Consumer Rights may also withdraw from the Agreement, during the entire withdrawal period, using the withdrawal function available in the Shop and labelled “Withdraw from contract here” (in particular in the Account and in the message confirming the order), in accordance with Article 11a of Directive 2011/83/EU, as inserted by Directive (EU) 2023/2673. After providing the data necessary to identify the Agreement, the Consumer / Entrepreneur with Consumer Rights submits the statement using the button labelled “Confirm withdrawal”. The Seller will send, without undue delay, an acknowledgement of receipt on a durable medium (e-mail), including the content of the statement and the date and time of its submission.

8. OUT-OF-COURT DISPUTE RESOLUTION

8.1.    If the complaints procedure does not produce the result expected by the Consumer, the Consumer may, among other options, use:

1)    the assistance of the European Consumer Centre in the Consumer’s country (ECC-Net network); in Poland: Europejskie Centrum Konsumenckie (European Consumer Centre Poland), www.konsument.gov.pl;

2)    Polish out-of-court consumer dispute resolution (ADR) entities, namely mediation conducted by the competent Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) and the permanent amicable consumer courts (stałe polubowne sądy konsumenckie) operating at the Provincial Inspectorates of Trade Inspection; the list of these entities is kept in the register maintained by the President of the Polish Office of Competition and Consumer Protection (UOKiK), www.uokik.gov.pl. These procedures are, as a rule, free of charge;

3)    for Consumers in Poland, the free assistance of a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów).

8.2.    The Seller does not undertake in advance to participate in out-of-court consumer dispute resolution proceedings. The Seller decides on participation in such proceedings individually for each dispute and informs the Consumer of its decision after considering the complaint.

8.3.    This chapter, entitled “Out-of-Court Dispute Resolution”, does not apply to Entrepreneurs with Consumer Rights.

9. PERSONAL DATA PROTECTION

9.1.    The controller of the Customer’s personal data within the meaning of Article 4(7) of 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 (General Data Protection Regulation, “GDPR”), is the Seller. Personal data are processed for the purposes of concluding and performing the Agreement (Article 6(1)(b) GDPR), complying with the Seller’s legal obligations, in particular tax obligations (Article 6(1)(c) GDPR), and establishing, exercising or defending legal claims on the basis of the Seller’s legitimate interest (Article 6(1)(f) GDPR).

9.2.    The controller of the personal data provided by the Customer when using the Shop is the Seller.

9.3.    Personal data held in the Seller’s database are disclosed only to entities involved in the performance of the Agreement, such as carriers, payment operators, IT service providers and the accounting office.

9.4.    In accordance with Articles 15 to 21 GDPR, the Customer has the right of access to his or her personal data, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to object to processing. The Customer also has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence; in Poland, the supervisory authority is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych, UODO), www.uodo.gov.pl. The Seller ensures that each Customer is able to control the processing of his or her personal data.

9.5.    The provision of personal data is voluntary; however, it is necessary for the conclusion and performance of the Agreement.

9.6.    Detailed information on personal data and privacy protection is provided in the “Privacy Policy” tab on the Shop’s website.

10. ACCOUNT

10.1.    In order to use the Shop, the Customer may apply for an Account by completing the registration form on the Shop’s website with his or her data.

10.2.    The submission by the Customer of an application for an Account (which takes place by sending the completed form referred to in point 10.1 of the Terms) is tantamount to the Customer having read and accepted the Terms and the Privacy Policy.

10.3.    After receiving the completed registration form, the Seller creates the Account for the Customer and informs the Customer of this by sending a message to the e-mail address indicated by the Customer in the registration form.

10.4.    Activation of the Account requires the Customer to confirm the application by clicking the link sent in the message referred to in point 10.3 of the Terms.

10.5.    The Seller reserves the right to refuse to create an Account for the Customer.

10.6.    In order to use the Shop with the Account, the Customer must log in on the Shop’s website by entering his or her login and password in the relevant form.

10.7.    The Customer is prohibited from sharing the data enabling the use of his or her Account, in particular the login and password. The Customer shall keep the Account password secret and protect it against disclosure. The Customer shall promptly notify the Seller if the data required to log in to the Account have been obtained by third parties and shall explain the circumstances in which they were obtained.

10.8.    All activities performed through the Account are attributed to the Customer. The Seller bears no liability for the use of the Account by third parties, regardless of how they obtained the data enabling them to log in to the Account, unless the login data were disclosed for reasons for which the Seller is responsible.

10.9.    In the event of any change to the data entered in the registration form, the Customer shall promptly update them using the relevant form available on the Shop’s website (accessible after logging in to the Account).

10.10.    The Seller is not liable for the data provided by the Customer, in particular for out-of-date, incomplete or untrue data provided by the Customer, or for the Customer’s failure to update data promptly.

10.11.    The Seller maintains the Account for the Customer for an indefinite period. The Customer may at any time request that the Seller stop maintaining the Account by submitting a statement to the Seller via the relevant electronic form available on the Shop’s website (after logging in to the Account). The Customer may also request that the Seller stop maintaining the Account in another way, provided that his or her identity as the Account user can be properly verified.

10.12.    A Customer who has registered an Account but has neither concluded an Agreement nor used the services provided by the Seller by electronic means within the Shop may withdraw from the agreement for the provision of electronic services consisting in the maintenance of the Account, without giving any reason, within 14 days of the date of registration of the Account.

10.13.    The Seller may stop maintaining the Account by giving fourteen (14) days’ notice by e-mail, without prejudice to the performance of Agreements already concluded. In the cases referred to in point 12.1, the Seller may delete the Account with immediate effect.

11. REVIEWS

11.1.    The Consumer has the right to post a review free of charge, but only in respect of Goods purchased in the Shop. By posting a review, the Consumer consents to its publication by the Seller on the Shop’s website.

11.2.    The Consumer may not post reviews in a manner contrary to the law; in particular, the Consumer’s reviews may not be used for acts of unfair competition against the Seller or to publish content infringing personal rights, intellectual property rights or other rights of the Seller or of third parties. A review may not contain vulgar or obscene content, or the first names, surnames or names of third parties.

11.3.    The Seller reserves the right not to publish reviews which are contrary to the law, to good morals or to the requirements referred to in point 11.2 of the Terms.

11.4.    The Seller ensures that the reviews of Goods published on the Shop’s website come only from Consumers who have actually purchased those Goods.

11.5.    Concluding fictitious or sham sales agreements for the purpose of posting reviews is prohibited.

11.6.    The Seller may not post reviews on the Shop’s website either. The description of Goods on the Shop’s website does not constitute a review within the meaning of the Polish Act of 23 August 2007 on counteracting unfair market practices (implementing Directive 2005/29/EC concerning unfair business-to-consumer commercial practices).

12. RIGHT TO BLOCK AND RESTRICT ACCESS TO THE SHOP

12.1.    The Seller may, with immediate effect, deprive the Customer of the right to use the Shop or restrict that right, and may restrict the Customer’s access to some or all of the resources or features of the Shop, in the event of a breach of the Terms by the Customer, in particular where the Customer:

1)    has provided, when registering the Account, data that are untrue, inaccurate or out of date, misleading or infringing the rights of third parties;

2)    has infringed, through the Shop, the personal rights of third parties, in particular the personal rights of other Customers of the Shop;

3)    has engaged in other conduct contrary to applicable law, good morals or the generally accepted rules of using the internet, or damaging the Seller’s good name.

12.2.    A person who has been deprived of the right to use the Shop may not register again (create an Account) without the Seller’s prior consent.

12.3.    In order to ensure the security of the transmission of messages and data in connection with the services provided on the website, the Seller takes technical and organisational measures appropriate to the level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorised persons of personal data transmitted over the internet.

13. FINAL PROVISIONS

13.1.    The Terms set out the rules for concluding and performing Agreements concerning the Goods presented on the Shop’s website.

13.2.    The Seller reserves the right to amend the Terms. Agreements concluded before an amendment of the Terms are governed by the version of the Terms in force on the date on which the Agreement was concluded.

13.3.    The Seller may be contacted in the following ways:

1)    at the Seller’s address: ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland;

2)    by sending a message to the Seller’s e-mail address: shop@konger.com;

3)    at the Seller’s telephone number: +48 661 119 900.

13.4.    The Agreement for the sale of Goods is concluded between the Customer and the Seller.

13.5.    The Terms are available to all Customers in electronic form on the Shop’s website www.konger.com, in the “Terms and Conditions” tab.

13.6.    In order to use the services of the Shop, it is necessary to have equipment enabling access to the internet and a web browser capable of displaying web pages, and to provide an e-mail address to which information concerning the performance of the order can be sent.

13.7.    The Seller reserves the right to remove specific Goods from sale at any time, in particular where they have been withdrawn by the manufacturer, where a manufacturing defect has been discovered or where the price is incorrect.

13.8.    All persons, including Customers, are prohibited from posting unlawful content on the Shop’s website.

13.9.    In matters not governed by these Terms, the relevant provisions of generally applicable law apply.

13.10.    The Terms do not exclude or limit any rights of a Customer who is a Consumer under mandatory provisions of law. In the event of any conflict between the provisions of the Terms and mandatory provisions of law granting rights to Consumers, the provisions of law prevail.

13.11.    Any provisions of the Terms that are less favourable to the Consumer than the provisions of the Polish Act of 30 May 2014 on consumer rights or the mandatory provisions of the law of the Consumer’s country of habitual residence are invalid, and the relevant provisions of law apply in their place.

13.12.    Should any provision of these Terms be or become invalid or ineffective, the validity of the remaining provisions of the Terms shall not be affected. In such a case, the Customer and the Seller shall replace the invalid or ineffective provision with another provision that reflects as closely as possible the intended economic purpose. The same applies to any gaps in the Terms. Towards Consumers, this point does not apply to unfair contract terms, which are not binding on the Consumer and are not replaced by other provisions (Council Directive 93/13/EEC).

13.13.    The Terms and the Agreement are governed by Polish law. This choice of law does not deprive the Consumer of the protection afforded to him or her by provisions that cannot be derogated from by agreement under the law of the country of his or her habitual residence (Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)). The application of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980 (CISG), is excluded.

13.14.    The Consumer may bring proceedings against the Seller either before the courts of the Member State in which the Consumer is domiciled or before the Polish courts. Proceedings may be brought against the Consumer by the Seller only before the courts of the Member State in which the Consumer is domiciled (Article 18 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). Disputes with Customers who are not Consumers are resolved by the court having jurisdiction over the place of the Seller’s registered office.

13.15.    The rules on the language versions of the Terms are set out in point 1.10.

ANNEX 1 – MODEL WITHDRAWAL FORM

Form for withdrawal from the Agreement by a Consumer or an Entrepreneur with Consumer Rights

(Complete and return this form only if you wish to withdraw from the Agreement.)

To: KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland, e-mail: shop@konger.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*) / for the provision of the following service (*): …………………………………………..

Ordered on (*) / received on (*): ………………

Order number (optional): ………………

Details of the Consumer(s) / Entrepreneur(s) with Consumer Rights:

Name(s): ………………

Address: ………………

E-mail address and telephone number (optional): ………………

Bank account for the refund (IBAN, optional): ………………

Signature(s) (only if this form is submitted on paper): ………………

Date: ………………

(*) Delete as appropriate.

ANNEX 2 – INFORMATION ON THE RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from the Agreement within 14 days without giving any reason.

The withdrawal period ends 14 days after the day on which you, or a third party other than the carrier designated by you, take physical possession of the Goods. If you have ordered several items in one order and they are delivered separately, or if the Goods consist of several lots or pieces delivered separately, the period ends 14 days after the day on which you, or that third party, take physical possession of the last item, lot or piece.

To exercise the right of withdrawal, you must inform us (KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland, telephone: +48 661 119 900, e-mail: shop@konger.com) of your decision to withdraw from the Agreement by means of an unequivocal statement (for example, a letter sent by post or an e-mail). You may use the model withdrawal form set out in Annex 1 to the Terms, but you are not obliged to do so.

You may also withdraw using the withdrawal function available in the Shop (button labelled “Withdraw from contract here”, followed by confirmation with the button labelled “Confirm withdrawal”), as described in point 7.13 of the Terms. If you use this option, we will send you, without undue delay, an acknowledgement of receipt of your withdrawal on a durable medium (e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from the Agreement, we will refund to you all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from the Agreement. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.

We may withhold the refund until we have received the Goods back or until you have supplied proof of having sent back the Goods, whichever is earlier.

You must send back or hand over the Goods to us at KONGER FISHING EXPERT sp. z o.o., ul. Warszawska 19b, 05-082 Blizne Łaszczyńskiego, Poland, without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from the Agreement. The deadline is met if you send back the Goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the Goods, including the cost of sending them from your country to Poland.

If, owing to their nature, the Goods cannot normally be returned by post, you will also have to bear the direct cost of returning them. This cost is estimated at a maximum of approximately EUR 99.

You are only liable for any diminished value of the Goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

This information applies accordingly to Entrepreneurs with Consumer Rights.