TERMS AND CONDITIONS OF SALE
applicable to Customers who are Consumers within the meaning of the Act of 23/04/1964 - Civil Code and natural persons concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for this person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity
The owner of the online store operating at the internet address www.dacpol.eu is:
DACPOL Sp. z o. o
ul. Puławska 34, 05-500 Piaseczno
NIP: PL 521-008-36-44 REGON: 012546238
Tel .: (+48) 22 70 35 100 Fax: (+48) 22 70 35 101
dacpol@dacpol.eu
§ 1
General information
1. The Regulations define the terms and conditions of using the Online Store by Consumers and natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional nature for this person, resulting in particular from the subject of the contract. business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The conditions for the sale of goods by DACPOL to Entrepreneurs are set out in the document "Terms of sale of DACPOL sp. Z oo applicable to Clients who are Entrepreneurs"
2. These Regulations have been drawn up on the basis of applicable law, in particular the provisions of:
- The Act of 23 April 1964 - Civil Code (Journal of Laws 2018.1025, i.e. of 2018.05.29);
- The Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683, i.e. of 2017.03.30);
- The Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219, i.e. of 2017.06.24);
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC.
3. The Regulations are made available to Consumers free of charge via the website www. dacpol.eu in a form that allows you to obtain, reproduce and record the content of the regulations using the ICT system used by the Consumer.
§ 2
Definitions
1. Seller –DACPOL Sp. z o. o. with its seat in Piaseczno at ul. Puławska 34, 05-500 Piaseczno, registered in the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under the number KRS 105242, NIP 5210083644, REGON 012546238, hereinafter: "DACPOL".
2. Consumer - means an adult natural person who performs a legal transaction not directly related to his business or professional activity.
3. Entrepreneur - means an entrepreneur within the meaning of the Act of April 23, 1964. - Civil Code.
4. Account - part of the Online Store available after registration by the Consumer, or if the Consumer has already registered an Account, it is a part of the Store available after logging in the Consumer, specified by the Consumer's e-mail address (Login) and secured with a password.
5. Cookies - information saved by the server belonging to DACPOL on the Consumer's end device, which can be read by the server each time it connects to this end device. Cookie files (so-called Cookies) are IT data, in particular text files. Cookies usually contain the domain name of the Online Store they come from, the storage time on the end device and a unique number.
6. Cart - an element of the Website by means of which the Consumer specifies the details of the order.
7. Goods - products presented in the Online Store.
8. Price - it is understood as the gross price of the Goods, taking into account the VAT rate applicable on the date of purchase of the Goods by the Consumer and any other taxes, expressed in the Polish currency, i.e. Polish zloty, which is placed next to the Goods on the Online Store website. .
§ 3
Technical requirements
1. Using the Online Store requires: the use of a device that allows you to browse websites and perform activities on them, connection to the Internet and a web browser, having an active e-mail box that allows you to receive messages with a size of not more than 5 MB.
2. Placing an order by the Consumer is possible only in the case of creating an Account, for which prior registration is necessary using the registration form available for this on the Online Store website, in accordance with §4 of these Regulations.
3. The online store reserves the right to request the consumer to provide other data necessary to complete the order, not listed in the registration form referred to in point 2 above.
4. Using the website of the Online Store in a manner contrary to the law, in particular violating the personal rights of third parties and the interests of DACPOL, as well as providing illegal content, is prohibited.
§ 4
Registration, rules of access to personal data
1. Earlier Registration is a prerequisite for the Consumer to purchase Goods in the Online Store.
2. In order to set up an Account by the Consumer:
a.fill in the form available on the Online Store website all the required fields, including setting a password for yourself, which cannot be shorter than 8 characters and not longer than 20 characters,
b.make a statement that the Consumer reads the content of the Online Store Regulations and accepts its provisions,
c. make a statement that the Consumer consents to the processing of his personal data in order to implement current and future contracts concluded via the Online Store,
d. optionally, the Consumer may express a separate consent to the processing of his personal data in order to receive any commercial information from DACPOL and for the purpose of preparation by DACPOL of documents for the further development of DACPOL,
e. send the completed form electronically to DACPOL by accepting the "Register" function,
f. after submitting the completed form, the Consumer receives from DACPOL by e-mail to the provided e-mail address confirmation of the Account registration ("New Account Confirmation"). The registration confirmation sent by DACPOL includes a link that allows you to activate the Account.
3. Indication of personal data by the Consumer during registration is voluntary, and the person who provides his data has the right to access, correct, delete and withdraw consents at any time to process personal data or receive commercial information. Consent to send Consumers commercial information may be revoked at any time by marking it on the Online Store website in the "My Account" tab in the user panel.
4. Personal data provided by Consumers during registration are stored on DACPOL servers, which is the administrator of personal data within the meaning of the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2019.1781, i.e. of 2019/09/19) in a way that prevents access to them by third parties. Detailed information on the personal data administrator and the rights of the data subject are available in the Privacy Policy tab on the website www.dacpol.eu.
5. The data provided by Consumers during registration may be used by DACPOL to conclude contracts and fulfill orders, as well as for internal DACPOL purposes related to recording sales in the Online Store, for tax purposes or preparing documents for further development of DACPOL. If the Consumer agrees to it during registration, his data may also be used to send commercial information by DACPOL regarding offers, promotions and competitions.
6. DACPOL declares that the conclusion of sales contracts in the Online Store is carried out electronically, therefore the Consumer's e-mail address and password are the only way of his identification by DACPOL and orders effectively placed using the above-mentioned elements will be legally binding on the parties. DACPOL informs that it does not request the e-mail address and password in the content of the e-mail or in a place other than the website of the Online Store.
§ 5
Cookies
1. The available internet browsers in their initial (default) settings allow the possibility of creating cookies on the consumer's device. Each consumer may, however, object to the placement of cookies on his device. As a rule, to change such settings, use the available browser options and disable the mechanism responsible for creating cookies. Detailed information on the possibilities and methods of handling cookies is available in the settings of the web browser used or on the websites of their producers.
2. Removal or blocking the possibility of creating cookies on the consumer's end device may lead to difficulties in using the essential functionalities of the online store.
§ 6
Information about goods, prices and additional costs
1. The online store enables Consumers in particular:
a. placing orders for Goods available in the Online Store and concluding distance contracts,
b. obtaining information about the Goods available in the Online Store.
2. Information about the Goods presented on the website of the Online Store does not constitute an offer within the meaning of the law. It is an announcement and information from DACPOL about Goods that can be purchased by placing an order by the Consumer, which constitutes an offer to purchase on the website of the Online Store and a suggested price list of goods, which constitute an invitation to submit offers in order to conclude a sales contract.
3. Information about the Goods presented on the website of the Online Store may not coincide with the offer available in a stationary retail outlet operated by DACPOL. The prices shown in the Online Store may differ from the prices specified in DACPOL shipping catalogs.
4. The suggested prices and other amounts due for payment presented on the Online Store website include due taxes. The price determines only the cost of purchasing the Goods. The delivery of goods is subject to a separate charge, the amount of which depends on the selected delivery method. All receivables subject to the obligation to pay by the Consumer are indicated in the ordering procedure before its submission and require confirmation by the Consumer.
5. All goods in the Online Store are new, unused and are covered by the Manufacturer's warranty, the content of which is each time attached to the Goods delivered / collected in person. The online store is obliged to deliver items without defects.
§ 7
Conclusion of a contract for the sale of Goods
1. Ordering the Goods presented on the website of the Online Store is made with the obligation to pay. After selecting the Good, the Consumer clicks on the "Add to Cart" function located next to the description of the selected Good. Removing the goods from the basket is done by clicking on the "remove" function (X mark) in the basket.
2. The order is made by selecting the appropriate Goods, selecting the number of copies, selecting the method of delivery and payment method and clicking the "order with payment obligation" sign.
3. A customer who has previously registered (created an Account) in the manner described in §4 of the Regulations, after clicking on the "order with payment obligation" function, completes the ordering stage.
4. In the absence of the Goods for which the Consumer has placed the order, DACPOL informs the Consumer about this fact by sending him an e-mail or displaying a message on the Online Store's website - when placing an order by the Consumer - informing that DACPOL cannot confirm execution of the order contained in the purchase offer, possibly indicating an extended waiting time for the delivery of the Goods or sending the User to submit a new purchase offer on the Online Store website. In such a situation, the Consumer may cancel the order by informing DACPOL about it or agree to extend the waiting period for the delivery of the Goods or place a new order for another Goods.
5. DACPOL checks the inventory. If the Product with the technical specification or price selected by the Consumer is available, DACPOL sends the Consumer by e-mail the message "Confirmation of the Order Completion" - accepting the submitted purchase offer and the order for execution, confirming the specification of the selected Good, its price along with additional fees (in particular shipping costs), the method of payment chosen by the Consumer, as well as the method of delivery. If the consumer does not confirm the order within 7 days, it will be canceled.
6. After receiving the Confirmation of Order Completion, the content of which corresponds to the expectations of the Parties as to the technical specification of the goods, its description and price:
a.if the Consumer chooses to pay by bank transfer, the Consumer makes the payment. After DACPOL receives the payment, the Goods are delivered. If the Consumer chooses the method of payment by bank transfer to DACPOL's bank account, if the Consumer does not pay the price within 14 days from the date of order, it is considered that the Consumer will withdraw / from the contract,
b. if the Consumer chooses to pay "on delivery"; shipment of goods is carried out immediately.
7. The order will be delivered to the address provided by the Consumer. DACPOL shall not be liable for failure to deliver the Goods or delay in delivering the Goods if the Consumer provides an incorrect or inaccurate address.
8. Each order is accompanied by a fiscal receipt or, upon request, a VAT invoice.
§ 8
Forms of delivery of goods, methods of payment, costs and delivery date, receipt of goods
1. Forms of delivery of goods: a. Pickup in person at the warehouse of DACPOL Sp. z oo (ul. Puławska 34, 05-500 Piaseczno), b. courier delivery by a carrier selected by the Consumer (from among the carriers proposed by DACPOL) to the address indicated by the Consumer from the DACPOL warehouse, c. postal parcel.
2. Deliveries are made in Poland.
3. Payment methods accepted by the Online Store: a. Cash on delivery, b. Transfer to a DACPOL bank account, c. In cash only when selecting the option "pickup in person", d. PayU payment.
4. The costs of delivery of the Goods are displayed on the website of the Online Store when placing the order by the Consumer, after selecting the form of receipt of the Goods and the method of payment.
5. The consumer may make the payment no later than on the date of receipt of the Goods from DACPOL.
6. The ordered goods are delivered in accordance with the chosen form of delivery. Orders are processed within 1 to 5 days (the date depends on the availability of goods in the warehouse and the individual configuration of the equipment). If the Consumer selects a bank transfer as the method of payment - the time of delivery of the goods is counted from the moment the payment is credited by DACPOL.
7. In exceptional situations or in relation to products imported to order, the date of delivery of the Goods may exceed 5 days, DACPOL will inform the Consumer about this fact when placing the order or by e-mail or by phone, enabling the Consumer to make a choice - withdrawal from the sales contract or waiting for an extended delivery date of the Goods.
8. In order to ensure the correct performance of contracts upon receipt of the parcel from the courier, the Consumer is obliged to check its condition, and if the parcel has visible damage, refuse to accept the parcel, prepare an appropriate protocol with the participation of the courier and inform DACPOL about this fact using available means of communication.
§ 9
Withdrawal from the contract
1. A consumer who has concluded a distance contract may, within 14 days, withdraw from it without giving a reason and without incurring costs, except for the costs that are borne by the consumer:
a.if the consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method available in the Online Store, DACPOL is not obliged to refund the additional costs incurred by the Consumer,
b. The consumer bears the direct costs of returning the Goods.
2. Withdrawal from the contract takes place by sending the declaration of withdrawal from the contract to the address of DACPOL within the time specified in point 1 above. The consumer may use the model declaration attached to these Regulations.
3. To meet the deadline referred to in point 1 above, it is sufficient to send a declaration of withdrawal from the contract before its expiry to the address of DACPOL Sp. z oo, ul. Puławska 34, 05-500 Piaseczno or to the e-mail address: dacpol@dacpol.eu.
4. In the event of withdrawal from the contract:
a. DACPOL is obliged to immediately send to the Consumer, on a durable medium, confirmation of receipt of the declaration of withdrawal from the contract submitted in the manner referred to above,
b. DACPOL is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract (subject to the case indicated in point 2 below), return to the Consumer all payments made by him, including the costs of delivering the goods. The reimbursement is made using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him,
c. if DACPOL has not offered to collect the Goods that the withdrawal from the contract concerns itself from the Consumer, DACPOL may withhold the reimbursement of payments received from the Consumer until the Goods are returned or the Consumer has provided proof of their return, depending on the fact that which event comes first
d. The consumer is obliged to return the Goods to which the withdrawal from the contract relates to the correspondence address indicated in §1 sec. 1. of the Regulations or hand it over to a DACPOL outlet to a person authorized by DACPOL Sp. z o. o. to be collected immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the Goods before its expiry.
5. The right to withdraw from a contract concluded outside the business premises or at a distance is not entitled to the Consumer in relation to contracts:
a.for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract,
b. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract,
c. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs,
d. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
e. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
f. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
g. in which the Consumer expressly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items.
§ 10
Complaints procedure
1. DACPOL undertakes to deliver items free from physical and legal defects.
2. DACPOL shall be liable to the Consumer if the item has a physical or legal defect in accordance with the provisions on the warranty set out in the Act of 23 April 1964 Civil Code, introduced on the basis of the Act of 30 May 2014 on consumer rights.
3. DACPOL shall be liable to the Consumer for a defect in the sold item, if the defect is found within 2 years from the date of delivery of the item to the Consumer.
4. In order to submit a complaint, the Consumer should contact the Seller using the methods specified in these Regulations (e-mail, fax, ordinary mail) and describe the defect and deliver the advertised Goods. The consumer may also submit a complaint at the seat of the Seller.
5. If the item has a defect, the Consumer may:
a.make a declaration of price reduction or withdrawal from the contract, unless DACPOL immediately and without undue inconvenience to the Consumer replaces the defective Product with a product free from defects or removes the defect. The reduced price should be proportional to the price resulting from the contract in which the value of the defective Goods is equal to the value of the defect-free Product. The consumer may not withdraw from the contract if the defect of the Good is irrelevant,
b. demand replacement of the Product with a Product free from defects or removal of the defect. DACPOL is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Consumer.
6. The consumer, in order to process the complaint, delivers the Goods at the Seller's expense to the address indicated in these regulations.
7. DACPOL will respond to the Consumer's complaint immediately, not later than within 14 days from the date of its receipt.
8. In the case of quantitative shortages of the delivered goods, the Consumer is obliged to report this fact to DACPOL immediately after the delivery of the Goods, but not later than within 3 days of delivery.
9. If the complaint is justified to the extent that DACPOL is liable to the Consumer (specified in these Regulations), DACPOL delivers the goods to the Customer in accordance with the order or refunds the amount paid.
10. The provisions of this paragraph do not apply to natural persons concluding a contract directly related to their business activity, if the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity, to which DACPOL is not liable under the warranty. Complaints procedure for the above-mentioned persons has been specified in § 5 of the Sales Regulations applicable to Clients who are Entrepreneurs.
§ 11
Final Provisions
1. DACPOL shall not be liable for the lack of access to the Online Store caused by factors beyond DACPOL's control and the resulting consequences.
2. DACPOL reserves the right to interruptions in access to the Online Store caused by its technical service, maintenance works or works on improving the functionality of the Online Store. At the same time, DACPOL undertakes to make every effort to ensure that the above-mentioned breaks are held at night and last as short as possible.
3. DACPOL Sp. z o. o. reserves the right to amend the Regulations at any time. Amendments to the Regulations are effective from the moment they are posted on the Online Store website and apply only to sales contracts concluded after the changes are posted.
4. The current version of these Regulations is always available to the Consumer in the "Terms of cooperation" tab on the website www.dacpol.eu. The Regulations in the wording binding for the Consumer may also be sent free of charge to the Consumer at his request in writing or electronically.
5. The consumer may use out-of-court complaint and redress methods, in particular: mediation (in which the consumer and the entrepreneur resolve the disagreement with the participation of a mediator) or arbitration (dispute resolution is carried out by an arbitrator, an independent dispute resolution specialist), which methods are based on a voluntary basis. The use of them requires the Consumer to submit an appropriate application to an institution dealing with amicable settlement of disputes, i.e. in particular: poviat (municipal) consumer ombudsmen (providing free assistance in resolving a consumer-entrepreneur dispute), social organizations for consumer defense, Provincial Inspectorates Trade Inspection (permanent consumer arbitration court, mediation). The rules of access to these procedures are available at the offices and on the websites of the above-mentioned institutions. Important information in this regard can be obtained at the following internet addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pllspory_konsumenckie.php; www.uokik.gov.pl/sprawy_indywidualne.php; www.uokik. gov.pl/wazne_adresy.php.
6. In matters not covered by these regulations, the relevant applicable provisions of Polish law shall apply.
7. The regulations drawn up in Polish are binding. The other language versions are for information purposes only.
§ 12
Code of Conduct for Suppliers and Business Partners
1. DACPOL Suppliers and Business Partners undertake to make every effort to comply with the principles set out in the "Code of Conduct for DACPOL Sp. Z oo Suppliers and Business Partners." z o. o. ”in relation to the entire supply chain: https://www.dacpol.eu/en/code-of-conduct-for-suppliers-and-business-partners .
These Regulations are valid from 01/01/2021.