An agreement between the Buyer and the Seller may be concluded in two ways.
Prior to placing the order, the Buyer may negotiate any terms of the agreement with the Seller, including the provisions amending the Rules presented below. Any such negotiations must be conducted in writing for their validity and forwarded to the Seller’s address:
DECOLOVE KAROLINA PYTLAKOWSKA
ul. Macieja Rataja 84
61-695 Poznań, Poland
Should the Buyer opt out of the agreement concluded by way of individual negotiations, the agreement between the Buyer and the Seller shall be subject to the following Rules and any applicable laws.
- Postal Address – name and surname of an individual or name of an institution, its location in a city/town (in the case of a city or town with designated streets: street name, number of the building and apartment; in the case of a town or village with no designated streets: name of town/village and number of the property), postal code and name of the city/town/village.
- Address for Complaints:
DECOLOVE KAROLINA PYTLAKOWSKA
ul. Macieja Rataja 84
61-695 Poznań, Poland
- Delivery Price List – a list of delivery methods and costs, made available at sprawdzonysklep.pl/dostawa
- Contact Details:
DECOLOVE KAROLINA PYTLAKOWSKA
ul. Macieja Rataja 84
- Delivery – a type of shipping service, including designation of the carrier and cost of shipment, as listed in the Delivery Price List available at decolove.pl/dostawa
- Proof of Payment – an invoice, bill or receipt issued in accordance with the VAT Act of 11th March 2004, as amended, and pursuant to other applicable laws.
- Product Sheet – a single subpage of the e-Store, containing information on a single Product.
- Client – a natural person of legal age and with full legal capacity, a legal person, or an unincorporated organisational unit without legal personality but with legal capacity, making a purchase from the Seller which is directly related to its business or professional activity.
- Civil Code – the Civil Code Act of 23rd April 1964, as amended.
- Code of Good Practice – a set of rules of conduct, especially ethical and professional standards, as referred to in Article 2.5 of the Act on Prevention of Unfair Market Practices of 23rd August 2007, as amended.
- Consumer – a natural person of legal age and with full legal capacity, a legal person, or an unincorporated organisational unit without legal personality but with legal capacity, making a purchase from the Seller which is not related directly to its business or professional activity.
- Basket – a selection of Products offered in the e-Store, compiled based on the Buyer’s buying choices.
- Buyer – both a Consumer and a Client.
- Place of Delivery – the Postal Address or Place of Receipt specified by the Buyer in the Order.
- Date of Delivery – the moment when the Buyer or any third party designated by the Buyer for that purpose takes possession of the Goods.
- Payment – a method of payment for the Object of the Agreement and for the Delivery, as listed at decolove.pl/platnosc. The Payment Online service is provided by Blue Media S.A.
- Consumer Law – the Consumer Rights Act of 30th May 2014.
- Product – a minimum and indivisible number of Goods which may be covered by the Order, and which is specified in the Seller’s e-Store as a unit of measure while defining its price (price/unit).
- Object of the Agreement – the Products and Delivery covered by the Agreement.
- Object of the Performance – Object of the Agreement.
- Place of Receipt – place of delivery other that the Postal Address, as specified in the list made available by the Seller in the e-Store.
- Goods – tangible movable items which are or might be the Object of the Agreement.
- E-Store – the online store available at decolove.pl, where the Buyer may place Orders.
DECOLOVE KAROLINA PYTLAKOWSKA
ul. Macieja Rataja 84
61-695 Poznań, Poland
Tax Identification Number (NIP): 7791492025
Industry Identification Number (REGON): 301957334
registered in the Central Register and Information on Economic Activity (CEIDG) under the following entry:
- System – a set of interconnected IT hardware and software used to process, store, send and receive data through ICT networks by means of network-specific terminal devices, commonly referred to as the Internet.
- Order Lead Time – the number of business days or hours specified in the Product Sheet.
- Agreement – an agreement concluded outside the trader’s registered office or using means of distance communication, within the meaning of the Consumer Rights Act of 30th May 2014 (in the case of Consumers), and a sales agreement within the meaning of Article 535 of the Civil Code of 23rd April 1964 (in the case of Buyers).
- Defect – a Physical or Legal Defect.
- Physical Defect – inconsistency of the Goods sold with the provisions of the Agreement, in particular in a case where:
- The Goods have no expected qualities given the purpose specified in the Agreement or resulting from the circumstances or intended use;
- The Goods have no qualities which were assured by the Seller to the Consumer;
- The Goods are not fit for the purpose which was notified by the Consumer to the Seller upon entry into the Agreement, if Seller did not object to such intended use at that time;
- The Goods issued to the Consumer are not complete;
- The Goods were incorrectly assembled and put into use by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
- The Goods have no qualities which were assured by the manufacturer or its representative, or by any party which places the Goods on the market as part of its business activity, or by any party which presents itself as the manufacturer by placing its name, trademark or another identifier on the Goods, unless the Seller was not aware or reasonably could not be aware of such assurances, or unless these assurances could not influence the Consumer’s decision to enter into the Agreement or had been corrected prior to concluding the Agreement.
- Legal Defect – a situation where Goods sold are owned by a third party or are encumbered with third-party rights, or where the use or disposition of such Goods has been restricted by a decision or ruling of a competent authority.
- Order – the Buyer’s declaration of will submitted through the e-Store, which clearly specifies the type and quantity of Products, the method of Delivery, the method of Payment, the Place of Delivery, and the Buyer’s details, with the intention to enter into the Agreement between the Buyer and the Seller.
§2 General Terms and Conditions
- The Agreement shall be concluded in the Polish language, in accordance with Polish laws and these Rules.
- The Place of Delivery must be within the territory of the Republic of Poland.
- The Seller shall and hereby undertakes to provide the services and deliver the Goods free of Defects.
- All prices quoted by the Seller are denominated in Polish currency, VAT inclusive. Prices of Products are net of Delivery costs specified in the Delivery Price List.
- All time-limits are determined in accordance with the provisions of Article 111 of the Civil Code. A time-limit which is expressed in days expires at the end of the last day of that period, and if a time-limit expressed in days starts with a certain event, the day on which that event occurred shall not be included in that period.
- All relevant provisions of the Agreement shall be confirmed, made available, recorded and secured in order to make them accessible at a later time in the following way:
- The Order shall be acknowledged by sending the following information to a specified e-mail address: the Order, a pro-forma invoice, information on the right to withdraw from the Agreement, these Rules in pdf version, a form of withdrawal from the Agreement in pdf version, and links to download the Rules and the form of withdrawal from the Agreement;
- The following printed documents shall be attached to the completed Order sent to the designated Place of Delivery: Proof of Payment, information on the right to withdraw from the Agreement, these Rules, and a form of withdrawal from the Agreement.
- The Seller shall disclose, to the best of its knowledge, any third-party guarantees relating to the Products offered at the e-Store.
- The Seller shall not charge any fees for contacting the Seller through means of distance communication, and the Buyer shall bear the costs of such communication in the amount resulting from the agreement between the Buyer and the provider of a specific service enabling distance communication.
- The Seller shall assure the Buyer using the System that the e-Store will function properly with the following browsers: IE version 7 or higher; Firefox version 3 or higher; Opera version 9 or higher; Chrome version 10 or higher; and Safari with latest JAVA and FLASH versions installed, on all screens with horizontal resolution of more than 1024 px. Use of any third-party software affecting the operation and functionalities of the following browsers: Internet Explorer, Firefox, Opera, Chrome or Safari can affect the manner in which the e-Store is displayed; therefore, in order to enjoy full functionalities of the decolove.pl e-Store, all such software should be disabled.
- The Buyer may choose to have its details saved by the e-Store in order to facilitate the process of placing another Order. To that end, the Buyer shall give its login and password necessary to gain access to its account. Login and password are a series of characters chosen by the Buyer, who shall keep them confidential and protect them from unauthorised third-party access. The Buyer may at any time access, correct and update its data or delete its account from the e-Store.
- The Seller shall comply with the Code of Good Practice.
§3 Conclusion and Performance of the Agreement
- Orders may be placed on a 24/7 basis.
- To place an Order, the Buyer shall take at least the following steps, of which some may be taken repeatedly:
- Add a Product to the Basket;
- Select the method of Delivery;
- Select the method of Payment;
- Select the Place of Delivery;
- Place the Order at the e-Store by clicking on the ‘Order and Pay’ button.
- The Agreement with the Consumer is concluded upon placement of the Order.
- The Consumer’s Order payable on delivery is processed immediately, while an Order payable by bank transfer or via an electronic payment system is processed after the Seller’s account has been credited with an appropriate amount of money paid by the Consumer, which should take place within 30 days after the Order is placed, unless the Consumer is unable to make the payment for reasons beyond the Consumer’s control and has notified the Seller thereof.
- An Agreement with the Client is concluded upon acceptance of the Order by the Seller, of which the Client shall be notified within 48 hours after placing the Order.
- The Client’s Order payable on delivery is processed immediately after conclusion of the Agreement, while an Order payable by bank transfer or via an electronic payment system is processed after conclusion of the Agreement and after the Seller’s account has been credited with an appropriate amount of money paid by the Client.
- Processing of a Client’s order may be contingent on making a payment in full or in part, or being granted a trade credit in the amount at least equal to the value of the Order, or securing the Seller’s consent to an Order payable on delivery. In the case of payment by card, the Order Lead Time is contingent on the positive outcome of the payment authorisation process.
- The order processing time starts at the moment of payment authorization.
- Methods of Payment: payment on delivery, traditional bank transfer to a specified bank account, online transfers, payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
- Object of the Agreement shall be delivered within the time-limit specified in the respective Product Sheet, and in the case of Orders including a number of Products – within the longest time-limit specified in their Product Sheets. The delivery period runs from completion of the Order.
- Object of the Agreement, together with the Sales Document selected by the Buyer, is sent using the Delivery method selected by the Buyer to the Place of Delivery specified by the Buyer in the Order, together with the attachments referred to in Section 2.6b.
§4 Right to Withdraw from the Agreement
- Pursuant to the provisions of Article 27 of the Consumer Law, the Consumer shall have the right to withdraw from the Agreement concluded using means of distance communication, without giving reasons or incurring any costs, save for the costs referred to in Article 33 and Article 34 of the Consumer Law.
- The Consumer may withdraw from the Agreement which was concluded using means of distance communication within 14 days of the Date of Delivery of the Goods; sending a relevant notice prior to expiry of that period is considered sufficient for that purpose.
- The Consumer’s notice of withdrawal from the Agreement may be submitted using the form attached in Schedule 2 to the Consumer Law, the form made available at decolove.pl/formularz-zwrotu, or in any other form permitted under the Consumer Law.
- The Seller shall immediately confirm to the Consumer by e-mail (sent to the address given upon conclusion of the Agreement and to any other address specified in the notice) the receipt of the said notice of withdrawal from the Agreement.
- In the event of withdrawal from the Agreement, the Agreement is deemed to have not been concluded.
- The Consumer shall return the Goods to the Seller without undue delay and in any event not later than 14 days from the day on which the Consumer communicated his decision to withdraw from the Agreement. The deadline shall be met if the Consumer sends back the Goods before the period of 14 days has expired.
- The Consumer shall return the Goods constituting the Object of the Agreement from which the Consumer decided to withdraw at its own cost and risk.
- The Consumer shall bear no cost of the supply of digital content which is not supplied on a tangible medium, in a case where: the Consumer had not given his prior express consent to the beginning of the performance before the end of the 14-day period for withdrawal from the Agreement; or the Consumer had not been informed of the loss of his right of withdrawal when giving the said consent; or the trader failed to provide confirmation in accordance with Article 15.1 and Article 21.1 of the Consumer Law.
- The Consumer shall be liable for any diminished value of the Goods which are the Object of the Agreement after having used the Goods to an extent more than necessary to establish the nature, characteristics and the functioning of the Goods.
- The Seller shall reimburse all Payments received from the Consumer, including, if applicable, the costs of Delivery, without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the Consumer’s decision to withdraw from the Agreement. If the Consumer has expressly opted for a type of Delivery other than the least expensive type of standard delivery offered by the Seller, the Seller shall not be required to reimburse any such supplementary costs in accordance with Article 33 of the Consumer Law. In the event of reimbursement of the Payment for a transaction made by the Client using a payment card, the Seller shall transfer the relevant amount to the bank account connected with the Buyer’s payment card.
- The Seller shall carry out the reimbursement using the same means of Payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.
- The Seller may withhold the reimbursement of Payment received from the Consumer until he has received the Goods back, or until the Consumer has supplied evidence of having sent back the Goods, whichever is earlier.
- Pursuant to Article 38 of the Consumer Law, the Consumer shall have no right to withdraw from the Agreement in a case where:
- The contractual price or fee is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
- The Object of the Performance is not pre-fabricated and was custom-made to the Consumer’s specifications or clearly personalised;
- The Object of the Performance is liable to deteriorate or expire rapidly;
- The Object of the Performance is a sealed item which is not suitable for return once unsealed due to health protection or hygiene reasons, and was unsealed after delivery;
- The Object of the Performance is, according to its nature, inseparably mixed with other items after delivery;
- The Object of the Performance is a sealed audio or video recording or sealed computer software which was unsealed after delivery;
- The Agreement concerns the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent during the withdrawal period and after the Consumer has been informed by the Seller that he thereby loses his right of withdrawal from the Agreement;
- The Agreement concerns the supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the supply of such publications.
- Pursuant to Article 558 Section 1 of the Civil Code, the Seller’s liability towards Clients for Physical and Legal Defects (warranty) is hereby excluded.
- Pursuant to Article 556 et seq. of the Civil Code, the Seller shall be liable towards Consumers for Defects (warranty).
- In the case of Agreements with Consumers, if the Physical Defect is found within one year of the Date of Delivery of the Goods, it will be assumed that the defect existed at the time when the risk was passed on the Consumer.
- If a Defect is found in the Goods sold to the Consumer, the Consumer may:
- Claim a discount on the price paid;
- Submit a notice of withdrawal from the Agreement,
unless the Seller replaces the defective Goods with an item free of any Defect or removes the Defect without unnecessary delay and any significant inconvenience to the Consumer. If the Goods have already been replaced or repaired by the Seller, or if the Seller failed to meet the obligation to replace the Goods or remove the Defect, he shall not have the right to replace the Goods or remove the Defect.
- Instead of having a Defect removed as proposed by the Seller, the Consumer may demand replacement of the defective Goods for defect-free Goods, or instead of having the Goods replaced, the Consumer may demand removal of the Defect, unless bringing the Goods to the condition consistent with the Agreement in the manner chosen by the Consumer is impossible or would entail excessive costs compared to the manner proposed by the Seller. In estimating such potential costs, the Seller shall take into account the value of Goods free of any Defects, the type and severity of the Defect found in the Goods, as well as the inconvenience that another manner of satisfying Consumer’s demands would cause to them.
- The Consumer shall have no right to withdraw from the Agreement if the Defect is insignificant.
- If the Goods sold to the Consumer have Defects, the Consumer may also demand:
- To have the defective Goods replaced with defect-free Goods;
- To have the Defect removed.
- The Seller shall replace the defective Goods with defect-free Goods or remove the Defect within reasonable time and with no significant inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer’s demands if bringing the defective Goods to the condition consistent with the Agreement in the manner chosen by the Buyer is impossible or would entail excessive costs compared to the manner proposed by the Seller.
- If the defective Goods have already been assembled, the Consumer may claim disassembly and subsequent reassembly of the Goods by the Seller after replacing defective Goods or removing the Defect, in which case, however, the Seller shall bear a portion of the associated costs in excess of the price paid by the Consumer, or the Consumer may demand that a portion of the costs of disassembly and subsequent reassembly of the Goods be paid by the Seller up to the amount of the price paid for the Goods. Otherwise, the Consumer shall have the right to perform such activities at the Seller’s cost and risk.
- The Consumer who exercises his rights under the warranty shall deliver the defective Goods at the expense of the Seller to the Address for Complaints, and if such delivery would be too difficult given the type of the Goods or their assembly, the Consumer shall make the Goods available to the Seller in their present location. If the Seller fails to meet this obligation, the Consumer shall have the right to send the Goods back to the Seller at the Seller’s cost and risk.
- The Seller shall bear all costs of replacement or repair of the Goods, save for the situation referred to in Section 5.10.
- The Seller shall accept defective Goods from the Consumer in the event of their replacement with defect-free Goods or the Consumer’s withdrawal from the Agreement.
- Within 14 days, the Seller shall respond to the Consumer’s:
- Demand for price reduction;
- Notice of withdrawal from the Agreement;
- Demand for replacement of defective Goods with defect-free Goods;
- Demand for removal of a Defect.
Otherwise, it will be assumed that the Seller has accepted the Consumer’s notice or demand as being reasonable.
- The Seller shall be held liable under the warranty if a Physical Defect is found within two years of the Date of Delivery of the Goods to the Consumer, and in the case of used Goods – within one year of the Date of Delivery of the Goods to the Consumer.
- The time-limit for the Consumer’s claim for removal of the Defect or replacement of defective Goods with defect-free Goods shall be one year from the date when the Defect is found, but not shorter than two years from the Date of Delivery of the Goods to the Consumer, and in the case of used Goods – not shorter than one year of the Date of Delivery of the Goods to the Consumer.
- In a case where the useful life of the Goods specified by the Seller or the manufacturer expires after two years of the Date of Delivery of the Goods to the Consumer, the Seller shall be held liable under warranty for any Physical Defects found in the Goods prior to expiry of that period.
- Within the time-limits referred to in Sections 5.15 – 5.17, the Consumer may submit a notice of withdrawal from the Agreement or a claim for price reduction on account of a Physical Defect found in the Goods sold to the Consumer, and if the Consumer demanded that defective Goods be replaced with defect-free Goods or that the Defect be removed, the period of notice of withdrawal from the Agreement or the period for price reduction shall start after expiry with no effect of the time-limit for replacement of the Goods or removal of the Defect.
- In the event that the Consumer pursues any of his claims under the warranty in court of law or an arbitration tribunal, the time-limit for the exercise of the Consumer’s remaining rights under the warranty shall be suspended until the final resolution passed by the court or the arbitration tribunal. The same applies to mediation proceedings, with the proviso that the time-limit for the exercise of the Consumer’s other rights under the warranty shall run from the date of the court’s refusal to approve the amicable settlement before the mediator or after the mediation proceedings are closed with no effect.
- The provisions of Sections 5.15 – 5.16 shall apply accordingly to the exercise of rights under warranty for Legal Defects in the Goods sold, with the proviso that the time-limit shall run as of the date when the Consumer learned about the Defect, and if the Consumer learned about the Defect as a result of proceedings brought by a third party, the time-limit shall run from the date on which a ruling in such third-party proceedings became final and binding.
- If the Consumer filed a notice of withdrawal from the Agreement or a demand for price reduction on account of a Defect found in the Goods, the Consumer may demand redress for the damage incurred as a result of entry into the Agreement without knowing about the Defect in the Goods, even if the damage resulted from the circumstances for which the Seller cannot be held responsible; in particular, the Consumer may demand reimbursement of the costs associated with execution of the Agreement, the costs of receipt, transport, storage and insurance of the Goods, any incurred expenses to the extent that the Consumer did not benefit from such expenses and was not reimbursed for such expenses by a third party, as well as any costs of legal proceedings. The above provision shall be without prejudice to the provisions on the obligation to redress the damage on general terms.
- Expiry of any time-limit prior to the date when the Defect was found shall not exclude the exercise of the rights under the warranty in a case where the Defect was concealed fraudulently by the Seller.
- If the Seller is under the obligation to render any performance or financial performance to the Consumer, the Seller shall render it without undue delay, within the time-limit provided for in applicable laws.
1. Pursuant to the applicable personal data protection laws, and in particular the General Data Protection Regulation (GDPR), in order to protect the personal data of an individual, the individual concerned shall, in the first place, be duly informed of the processing of their personal data in accordance with Article 13 or 14 of the GDPR – depending on whether the data was provided directly by the person concerned or from other sources.
2. The Seller shall be the personal data Controller.
3. Personal data is processed subject to Article 6.1.f the GDPR, i.e. only to the extent that data processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party:
- Provision of services by electronic means or taking advantage of complete functionalities offered at the e-Store, including electronic transactions,
- Opening and managing account(s) and providing support in relation to the account, transaction, or technical issues,
- Processing of complaints,
- Processing of your enquiries (e.g. via our contact form) and contacting you, including for the purpose of service provision,
- Processing of your personal data for tax and accounting purposes,
- Provision of payment card services,
- Monitoring the activity of our users (such as the search for keywords), publication of offerings, conducting surveys and analyses e.g. in relation to the e-Store functionalities, improving service levels, or estimating key areas of interests and needs of site visitors,
- Organising loyalty schemes, competitions and promotional campaigns,
- Carrying out statistical analyses.
4. Your consent to personal data processing (for instance, a decision to unsubscribe from the newsletter) may be given and your personal data may be edited after logging in to the Client Portal. We will process your personal data until the consent is withdrawn.
5. Provision of the following personal data is required:
- Payer’s Address, Delivery Address, e-mail address, login, password, phone number, and information about the company and company address (in the case of company accounts).
If, for any reason, you fail to provide the above personal data, we will not be able to enter into the Agreement and you will not be able to use our e-Store.
5. We hereby undertake to respect all client rights under the GDPR, i.e. the right to access, edit and delete your data, the right of limited processing of your personal data, the right to transfer your personal data, the right to exclude automated decision-making, including profiling, as well as the right to object to the processing of your personal data.
You shall have the right to file a complaint in connection with our processing of your personal data to the competent supervisory authority, namely the Inspector General for Personal Data Protection (at the following address: Generalny Inspektor Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warsaw).
6. We will keep your personal data during the period of the Agreement and after its termination/expiry for the following purposes:
- Pursuing claims in connection with the performance of the Agreement;
- Meeting the obligations under applicable laws, in particular tax and accounting obligations;
- Preventing fraud and malpractice;
- Statistical and record-keeping purposes.
7. Your personal data will be kept for marketing purposes during the period of the Agreement or until you object to such processing of your personal data, whichever is earlier.
§7 Miscellaneous provisions
- Nothing in these Rules shall prejudice the Buyer’s rights or shall be construed to that effect. If any provision hereof should be inconsistent with applicable laws, the Seller hereby unconditionally declares to fully comply with and to apply such provisions of law instead of the unlawful provision of these Rules.
- Registered Buyers shall be notified of any amendments hereto and of their scope via email (at the address given upon registration or placement of the Order). The notification shall be sent at least 30 days prior to entry into force of the amended Rules. Amendments shall be introduced in order to make the Rules consistent with the laws currently in effect.
- Current version of the Rules shall be always made available to the Buyer in the ‘Rules’ tab on our website (decolove.pl/regulamin). During Order Lead Time and throughout the entire after-sale service period, the Buyer shall comply with the Rules accepted when placing the Order, except where the Consumer deems the amended Rules to be less favourable than the current version of the Rules and has informed the Seller that he chooses to comply with the current version of the Rules.
- In matters not provided for herein, relevant provisions of law shall apply. If the Consumer so decides, any disputes shall be settled out of court by way of mediation before the Regional Trade Inspectorates or proceedings before the arbitration tribunal at the Regional Trade Inspectorate, or by way of any equivalent pre-judicial or out-of-court dispute settlement procedure indicated by the Consumer. If a dispute is not settled out of court, it shall be referred to the competent courts of general jurisdiction.
Version 12.5 (Poznań, 4th November 2015)