Conclusion of an agreement between Buyer and Seller can take place in two ways. Before placing an order, Buyer has the right to negotiate all provisions of the agreement with Seller, including those amending provisions of this Terms and Conditions. Such negotiations should be conducted in a written form and sent to the address of Seller: dekornik.com service is run by the company DEKORNIK SP. Z O.O. seated in Sławków, Poland.
In case when Buyer resigns from the possibility to conclude an agreement through individual negotiations, this Terms and Conditions and appropriate provisions of law are in force.
Regulations of the dekornik.com online store
From 01.01.2019
§1
Postal address – name and surname or organisation name, location (in case of locations divided into streets: street, building and apartment numbers; in case of locations not divided into streets: name and lot number), postal code and town/city.
Address for complaints:
DEKORNIK SP. Z O.O.
ul. Wodzirejów 5a,
02-824Warszawa
Shipment pricelist – the list of available types of shipment and their cost: https://dekornik.com/shipping/
Contact details:
DEKORNIK SP. Z O.O.
ul. Wodzirejów 5a,
02-824 Warszawa
e-mail: [email protected]
+48 728 122 888
Shipment – type of delivery service along with specifying the shipper and cost, included in shipment pricelist.
Proof of purchase – invoice, bill or receipt issued in accordance to the Act of March 11, 2004 on Goods and Services Tax, as amended and other appropriate provisions of law.
Product card – a single subpage of the shop including information on a particular product.
Customer – adult natural person having full legal capacity or an organisation not having legal personality but having legal capacity, conducting a purchase from Seller directly related with its economical or professional activity.
Civil code – Act of April 23, 1964 Civil Code as amended.
Code of good practice – a set of rules of proceeding, especially ethical and professional norms, Article 2, point 5 of the Act of August 23, 2007 on Combating Unfair Commercial Practices, as amended.
Consumer – adult natural person having full legal capacity, conducting a purchase from Seller not directly related with its economical or professional activity.
Basket – the list of products composed of products offered in the shop on the basis of Buyer’s selection.
Buyer – both Consumer and Customer.
Delivery place – a postal address or a collection place specified by Buyer in an order.
Delivery moment – a moment in which Buyer or a person specified by him comes into possession of goods.
Payment – a payment method for the agreement subject and shipment specified at http://www.dekornik.pl/strony/5-formy-zaplaty
Consumer law – act of May 30, 2014 on Consumer Rights.
Product – a minimal and indivisible amount of goods which can be an order subject and which is included in the Seller’s shop as a measurement unit along with its specified price (price/unit).
Agreement subject – products and shipment being the agreement subject.
Performance subject – the agreement subject.
Collection place – a place of releasing goods not being a postal address, specified in a statement provided by Seller in the shop.
Good – a movable thing which can be or is the agreement subject.
Shop – the online shop available at dekornik.pl, by the means of which Buyer can place an order.
Seller:
DEKORNIK SP. Z O.O.
ul. Polskiego Czerwonego Krzyża 21/22
41-260 Sławków
VAT: 7010954271, REGON: 384848830
ACCOUNT NUMBER: SANTANDER BANK POLSKA S.A.
PL85109025900000000143814838
System – a set of cooperating IT devices and software allowing processing and storage as well as sending and reception of data through telecommunication networks using a final device proper for a particular type of network, commonly referred to as the Internet.
Realisation period – number of hours or working days specified in the product card.
Agreement – an agreement concluded outside the company seat or remotely, within the meaning of the Act of May 30, 2014 on Consumer Rights in case of Consumers and a sales agreement within the meaning of Article 535 of the Civil Code Act of April 23, 1964 in case of Customers.
Fault – physical faults and legal faults.
Physical fault – inconsistency of sold goods with the agreement, in particularly when an item: does not have properties which a thing of that type should have due to the aim set in the agreement or resulting from circumstances or intended use, about existence of which Seller ensured Consumer; is not suitable for the aim about which Consumer informed Seller at concluding the agreement and Seller did not report any reservations concerning such intended use; was delivered to Consumer in an incomplete state; in case of its improper installation and launching, if such activities were realised by Seller or any third party for which Seller is responsible or by Consumer, who followed the instructions provided by Seller; does not have properties assured by the producer or its representative or a person introducing an item into market within the scope of his economical activity and a person presenting himself as a producer through placing on the item his name, trademark or other distinguishing marking, unless Seller was not aware of such assurances and, reasonably evaluating, could not know them, or they could not have an influence on Consumer’s decision on concluding the agreement or when their content was not rectified before the agreement conclusion.
Legal fault – a situation when a sold thing is a property of a third party or is burden with rights of a third party, as well as a limitation in using or disposing the product results from a decision or a ruling of a proper body.
Order – a declaration of will of Buyer, placed using the shop, unequivocally specifying: type and amount of products, shipment type, payment type, and delivery place, Buyer’s information and directly aimed at concluding an agreement between Buyer and Seller.
§2
Agreement is concluded in Polish, in accordance with Polish Law and this Terms and Conditions.
Delivery place must be located in the Republic of Poland.
Seller is obliged and obliges himself to render services and deliver goods free from faults.
All prices specified by Seller are expressed in EUR and are gross prices (including VAT). Prices of products do not include the shipment cost, which is specified in the shipment pricelist.
All dates are set in accordance to Article 111 of the Civil Code, i.e. the period expressed in days, finishes at the end of the last day, and if the beginning of a period expressed in days is a particular event, the day in which it occurred is not included.
Confirmation, disclosing, embedding, and protection of all essential provisions of the agreement in order to obtain an access to such information in the future is performed in the form of: a confirmation of an order by sending to a set e-mail address: order, pro-forma invoice, information about the right to withdraw from the agreement, this Terms and Conditions in a PDF file, a template of the form for withdrawing from the agreement in a PDF file, links to download the Terms and Conditions and a template of withdrawing from the agreement; attachment to the realised order sent to a specified place of printed: proof of purchase, information about the right to withdraw from the agreement, this Terms and Conditions, a template of the form of withdrawing from the agreement.
Seller informs Buyer about known by him guarantees provided by third parties for products offered in the shop.
Seller does not charge any fees for communication with him using remote communication means, and Seller bears these costs in the amount resulting from an agreement he concluded with a third party rendering for him a particular service allowing remote communication.
Seller provides Buyer using the system the proper functioning of the shop, when using the following browsers: IE – version 7 or newer, Firefox – ver. 3 or newer, Opera – ver. 9 or newer, Chrome – version 10 or newer, Safari, with installed latest versions of JAVA and FLASH software, on displays of the horizontal resolution above 1024 px. Using software of third parties, having an influence on functioning of web browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can have an influence on proper displaying of the shop site, thus, in order to obtain full functionality of dekornik.pl online shop, it is necessary to turn all of them off.
Buyer can use the option of remembering his data by the shop in order to facilitate a process of placing another order. For this aim, Buyer should provide his login and password, obligatory to obtain an access to own account. Login and password are strings of characters specified by Buyer, who is obliged to keep them in secret and protect from an unauthorised access of third parties. At any time, Buyer has the right to view, modify, and update his data and to delete his account in the shop.
Seller follows the code of good practice.
§3
Orders can be placed 24 hours a day.
In order to place an order, Buyer should perform at least the following activities, part of which can be repeated many times:
– adding a product to the basket;
– selection of the shipment type;
– selection of the payment time;
– selection of the delivery place;
– placing an order in the shop using the button “I order with the payment obligation”.
Conclusion of an agreement with Consumer takes place in the moment of placing an order. Performance of a Consumer’s order with collection on delivery is immediate, while order with a bank transfer or online payment is realised when the Consumer’s payment is booked on the account of Seller, what should take place within 30 days from the moment of placing an order, unless Consumer was not able to meet the obligation due to reasons not attributable to him and informed Seller about such situation.
Conclusion of the agreement with Customer takes place at the moment when Seller accepts an order, about which he inform Customer up to 48 hours from the order placement.
Realisation of Customer’s order with COD takes place immediately after the agreement conclusion, and in case of a bank transfer or online payment – after the agreement conclusion and booking of the Customer’s payment in the Seller’s bank account.
Realisation of Customer’s order can depend on payment of the whole or a part of the order value or obtaining a trade credit equal to at least the order value or a Seller’s consent to COD (collection on delivery).
Shipment of the agreement subject takes place in term specified in the product card, and for orders composed of numerous products, in the longest period among those specified in those products cards. The period begins in the moment of the order realisation.
The purchased agreement subject is sent with a proof of purchase selected by Buyer using the type of shipment selected by Buyer to the delivery place specified by Buyer in the order, along with attachments, mentioned in §2 point 6b.
§4
On the basis of Article 27 of the Consumer law, Consumer has the right to withdraw from a remotely concluded agreement, without stating reasons for that and not bearing costs, apart from costs specified in Articles 33 and 34 of the Consumer law.
The period of the right to withdraw from a remotely concluded agreement is 14 days from the delivery and to keep this period it is enough to send a written statement before its end. All orders are packed and checked with the highest attention. If Consumer receive a damaged package, he should report it immediately to the courier and write down a statement of damage with him. Then inform Seller by sending an e-mail to: [email protected] and include order number and a photo of the damage.
A statement on withdrawing from the agreement can be placed by Consumer using a form, a template of which constitutes the attachment no. 2 to the Consumer law, by email or in any other form consistent with the Consumer law.
Seller immediately confirms by email (provided at the agreement conclusion and other if mentioned in the statement) that he received the statement on withdrawing from the agreement.
In case of a withdrawal from the agreement, the agreement is regarded as not concluded.
Consumer is obliged to return the goods to Seller immediately, not later than 14 days from the withdrawal from the agreement. In order to meet this obligation, it is enough to send the goods before the end of this period.
Consumer sends the goods being the agreement subject at his own expense.
Consumer does not bear costs of the delivery of digital content, which are not saved on material medium, if he did not express his content to performance before the end of the period for withdrawing from the agreement or was not informed about a loss of the right to withdraw from the agreement in the moment of expressing such consent or the entrepreneur did not deliver a confirmation in accordance to Article 15 par. 1 and Article 21 par. 1 of the Consumer law.
Consumer is liable for a decrease of the value of the item being the agreement subject, resulting from using it in a way exceeding the way necessary to state the character, features and functioning of goods.
Seller, immediately, not later that within 14 days from the date of receiving a statement on the withdrawal from the agreement placed by Consumer, shall return to Consumer all payments made by him, including costs of delivery, and if Consumer selected other type of delivery than the cheapest simple type of delivery offered by Seller, Seller shall not return to Consumer additional costs in accordance to Article 33 of the Consumer law.
Seller returns the payment using the same type of payment that was used by Consumer, unless Consumer clearly agreed to other type of payment, not causing any costs to him.
Seller can refrain from a return of payment received from Consumer till the moment of receiving the returned goods or when Consumer provides a proof of shipment, depending on which event takes place earlier.
In accordance to Article 38 of the Consumer law, Consumer does not have the right to withdraw from the agreement:
– in which a price or remuneration depends on fluctuations on the financial market, over which Seller has no control, and those which can occur before the end of the period to withdraw from the contract;
– in which the performance subject is a non-prefabricated item, manufactured in accordance to the consumer’s specification or serving to meet his individual needs;
– in which the performance subject is perishable goods or having a short shelf life period;
– in which the performance subject is an item delivered in a sealed packaging, which can not be returned after unpacking due to protection of health or due to hygienic reasons, in case when the packaging was opened after the delivery;
– in which the performance subject is goods, which, after the delivery, become inseparably joint with other things, due to their character;
– in which the performance subject is audio or video recordings or computer software delivered in sealed packaging, if the packaging was opened after the delivery;
– on delivery of digital content, not recorded on material media, if the performance began at clear consent of Consumer before the end of the period for withdrawal from the agreement and after being informed by the entrepreneur about a loss of the right to withdraw from the agreement;
– on delivery of daily newspapers, periodicals or magazines, apart from subscription agreements.
§5
On the basis of Article 558 §1 of the Civil Code, completely excludes the liability to Customers in case of physical and legal faults (warranty).
Seller is liable according to rules specified in Article 556 of the Civil Code and following articles for faults (warranty).
In case of an agreement with Consumer, if a physical fault was stated within one year from the delivery, it is accepted that it existed at the moment of a danger transfer to Consumer.
If a sold product has a fault, Consumer has the right to:
– place a statement with a demand to reduce a price;
– place a statement on withdrawal from the agreement;
– unless Seller immediately and without excessive inconveniences for Consumer, exchanges a faulty item to a faultless one or eliminates the fault. If a product was already exchanged or repaired by Seller or Seller did not fulfil the obligation of an exchange or repair, he does not have the right to exchange the product or to eliminate the fault.
Instead of an elimination of a fault proposed by Seller, Consumer has the right to demand an exchange of a faulty item to a faultless one, or instead of an exchange, to demand an elimination of a fault, unless that
providing a state consistent with the agreement selected by Consumer is impossible or would require excessive costs in comparison to the way proposed by Seller, considering that in the evaluation of the excessiveness of costs, the value of a faultless product, type and meaning of a stated fault are taken into account, as well as inconveniences for Consumer that could arise due to another way of fulfilling the obligation.
Consumer does not have the right to withdraw from the agreement if a fault is negligible.
If a sold product has a fault, Consumer is also allowed to:
– demand an exchange to a faultless item;
– demand an elimination of a fault.
Seller is obliged to replace a faulty product with a faultless one or to eliminate a fault in a reasonable period of time, without excessive inconveniences for Consumer.
Seller can refuse to satisfy Consumer’s demand if providing the consistency with the agreement in a way selected by Buyer is impossible or if in comparison to the other possible way, would require excessive costs.
In case when a faulty product was installed, Consumer has the right to demand from Seller disassembly and re-installation after a replacement to a faultless product or an elimination of a fault, however, he is obliged to bear some of related costs exceeding the price of the sold product or can demand from Seller payment of a part of costs of disassembly and re-installation, up to the value of the sold product. If Seller fails to fulfil the obligation, Consumer has the right perform such activities at the cost and danger of Seller.
Consumer, performing the rights resulting from the warranty, is obliged to deliver a faulty product at Seller’s cost to the complaint address, and, if due to the type of product or the way of its installation, delivering by Consumer would be excessively difficult, Consumer is obliged to provide an access to the product to Seller in the place where it is located. In case when Seller fails to fulfil the obligation, Consumer has the right to send the product back to Seller at cost and risk of Seller.
Costs of replacement or repair are born by Seller, except for the situation specified in §5 point 10.
Seller is obliged to accept a faulty product from Consumer in case of a replacement with a faultless product or withdrawal from the agreement.
Within the period of fourteen days, Seller shall take an attitude towards:
– statement with a demand to reduce a price;
– statement on withdrawal from the agreement;
– demand to exchange to a faultless item;
– demand to eliminate a fault.
Otherwise, it is regarded that he found a Consumer’s statement or demand justified.
Seller is liable on account of the warranty if a physical fault is stated within the period of two years from the delivery, and when the sales subject is a second hand product, within one year from the delivery.
Consumer’s claim on elimination of a fault or an exchange to a faultless product, is lapsed after one year from the statement of a fault, however, not earlier than within two years from the delivery to Consumer, and in case when the sales subject is a second hand product, within one year from the delivery.
In case when the shelf life of a product specified by Seller or the producer finishes after two years from the delivery to Consumer, Seller is liable on account of the warranty for physical faults stated within this period.
Within periods mentioned in §5 points 15-17, Consumer is allowed to place a statement on the withdrawal from the agreement or a reduction of price due to a physical fault of the sold product, and if Consumer claimed for an exchange to a faultless product or elimination of a fault, the period for placing a statement on the withdrawal from the agreement or reduction of price begins at the moment of an ineffective expiration of a term for product replacement or elimination of fault.
In case of asserting at the court or the arbitration court claim for one of the rights resulting from the warranty, the period to perform other rights attributable to Consumer is adjourned till legally valid completion of proceedings. An adequate procedure is in case of mediation proceedings, whereas, the period to perform other rights resulting from the warranty attributable to Consumer begins on the day when the court refuses to approve a settlement concluded before a mediator or ineffective completion of mediation proceedings.
For performance of the rights resulting from the warranty for legal faults of the sold product, §5 points 15-16 are used, whereas the period begins on the day in which Consumer became aware of the fault, and if Consumer became aware of the fault only as a result of legal actions of third parties – from the day in which a ruling issued in the proceedings with this third party becomes binding.
If due to a product fault, Consumer places a statement on the withdrawal from the agreement or the reduction of price, he can claim for redressing damage, born by concluding the agreement, not knowing about the existence of the fault, even if the damage resulted from circumstances not attributable to Seller, and, in particular, he has the right to claim for a return of the costs of concluding the agreement, costs of collection, transport, storage and insurance of goods, a return of expenditures in the scope in which he did not have benefits from them, and did not obtain a return of them from a third party, as well as a return of the proceedings costs. The above does not preclude provisions on the obligation of redressing damages on general rules.
Expiration of any term to state a fault does not preclude the performance of the rights resulting from the warranty, if Seller concealed the fault intentionally. If Seller is obliged to perform or serve financial obligations to Consumer, he shall realise such obligations immediately, not later that within the period specified by proper provisions of law.
§6
The administrator of databases of personal data provided by Consumers is Seller.
Seller is obliged to protect personal data in accordance to the Act of August 29, 1997 on Personal Data Protection and the Act of July 18, 2002 on Providing Services by Electronic Means. Buyer, when providing personal data when placing an order, expresses his consent to their processing by Seller for the purposes of realising the placed order. At any time, Buyer has the right to view, modify, update, and delete his personal data.
The detailed rules of collecting, processing and storage of personal data used for the purposes of realisation of orders by the shop are described in Privacy Policy
§7
None of provisions of this Terms and Conditions is aimed at violating rights of Buyer. None of them can be also interpreted in such way, as in case of inconsistencies of any part of this document with the law in force, Seller declares absolute obeying and use of such law instead of following a provision in question.
Buyers shall be informed about any amendments of Terms and Conditions by email (to the address stated at registration or when placing an order). A notification shall be sent at least 30 days before new Terms and Conditions enters into force. Amendments shall be introduced to adjust the document to the valid legal state. The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at: http://ec.europa.eu/consumers/odr/.
A current version of Terms and Conditions is always available for Buyers at our website – Terms and conditions subpage. During the order realisation and the whole period of post-sales care, Buyer is obliged to follow Terms and Conditions accepted by him when placing the order. An exception is a situation when Consumer finds it less favourable than current one and informs Seller about the selection of the current Terms and Conditions as the one in force.
To all matter not settled herein, appropriate provisions of law shall apply. At Consumer’s consent, any disputed issues shall be settled by means of mediation proceedings before Voivodeship Inspectorates of the Trading Standards Association or proceedings at the arbitration court at a Voivodeship Inspectorate of the Trading Standards Association or adequate and legal methods of pre-trial settlement of disputes. In case when the above ways are ineffective, the case is settled by the court appropriate in terms of place and subject matter.
Warsaw, 01.01.2019.