1. Whenever these Regulations use the term:
a) Personal Data Controller – this shall be understood as the entity deciding on the purposes and methods of processing the personal data of Users and Customers, i.e. the company under the name Desiva Sp. z o. o. with its registered office and warehouse in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, 0000138775th Commercial Division of the National Court Register, under the KRS number: 9592071641, NIP: 290455069, REGON: XNUMX;
b) Price – this shall be understood as the price of the Product or Goods, which includes the value added tax (VAT), provided that this Price does not include the costs of Delivery;
c) Working days – this shall be understood as a day from Monday to Friday, which is not a day off work within the meaning of the Act of 18 January 1951 on days off work (Journal of Laws No. 4 item 28, as amended);
d) Delivery – this shall be understood as the actual act of delivering the Product or Goods specified in the Order or furniture or equipment covered by the Special Order to the Customer, through the Supplier, or the Customer's own collection of the Product or Goods or furniture or equipment covered by the Special Order, at the Seller's registered office or in a stationary store run by the Seller;
e) Supplier – this shall be understood as the entity with which the Seller cooperates in the Delivery of the Product or Goods or furniture or equipment covered by the Special Order, i.e. the appropriate courier company or postal operator;
f) Contact Form – this shall be understood as a (free of charge) service provided by the Service Provider to the User or Customer, consisting in enabling the User or Customer to establish contact (e.g. send an inquiry, declaration of withdrawal from the contract, complaint) with the Seller via an interactive form available on the Website, under the terms specified in these Regulations;
g) Customer – this shall be understood as a natural person (of legal age) with full legal capacity, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, who places an Order or a Special Order in the Online Store, available on the Website;
h) Configurator – this shall be understood as a Service (free of charge) provided by the Service Provider to the Customer, via the Website, consisting in enabling the Customer to determine the technical parameters of the Product or its other properties (selectable within the Configurator), according to his individual needs and discretion, on the terms specified in these Regulations;
i) Consumer – this shall be understood as a User or Customer (natural person) referred to in Article 221 Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), i.e. a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity, and also, pursuant to Article 3855 the above-mentioned Act, to the extent specified in the said provision, a consumer is considered to be a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for him/her, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Registration and Information on Business;
j) Newsletter – this shall be understood as a Service (free of charge) provided by the Service Provider to the User or Customer (with their consent) via the Website, consisting in sending commercial information to the User or Customer in the scope of promoting the Product, Goods, Services or image of the Seller, as well as about promotional or discount campaigns applicable at the Seller, on the terms specified in these Regulations;
k) Privacy Policy – this shall be understood as an information document specifying the principles of collecting, processing, storing and protecting personal data of Users and Customers, adopted by the Personal Data Administrator, available on the Website;
l) Product – this shall be understood as a movable, non-prefabricated item manufactured by the Seller according to the Customer’s specifications or intended to meet the Customer’s individual needs, available for ordering in the Online Store operated by the Seller within the Website, and offered for sale there;
m) Entrepreneur – it shall be understood as an entity referred to in art. 4 sec. 1 and 2 of the Act of 6 March 2018 – Entrepreneurs’ Law (Journal of Laws of 2018, item 646, as amended), i.e. a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activities, as well as partners of a civil partnership within the scope of the business activities they conduct;
n) Regulations – this shall be understood as these Regulations;
o) Website – this shall be understood as the website operating under the domain www.desiva.pl and all functions and tools available therein;
p) Online Store – this shall be understood as the online store of the DESIVA Furniture brand, owned by the Seller, available on the Website (Website functionality), within which Users (Customers) can place Orders (using the order form) or Special Orders (using e-mail) and conclude Agreements;
q) Seller – it shall be understood as a company operating under the name: Desiva Sp. z o. o. with its registered office in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, 0000138775th Commercial Division of the National Court Register, under the KRS number: 9592071641, NIP: 290455069, REGON: XNUMX;
r) Goods – this shall be understood as a movable item that does not constitute a Product, available in the assortment of the Online Store operated by the Seller within the Website and offered for sale there;
s) Agreement – this shall be understood as a contract (legal relationship) for the sale of a Product or Goods or furniture or equipment covered by a Special Order, concluded in the distance selling mode, on the terms specified in these Regulations, between the Seller and the Customer, using the Online Store operating within the Website;
t) Services – this shall be understood as services provided electronically (free of charge) by the Service Provider to Users or Customers, via the Website, under the terms and conditions specified in these Regulations;
u) Service Provider – it shall be understood as a company operating under the name: Desiva Sp. z o. o. with its registered office in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, 0000138775th Commercial Division of the National Court Register, under the KRS number: 9592071641, NIP: 290455069, REGON: XNUMX;
v) User – this shall be understood as a natural person (of legal age) with full legal capacity, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, who intends to use or uses the Website and the Online Store operating within it, and has become familiar with the Terms and Conditions and Privacy Policy applicable at the Seller and has accepted their provisions;
w) Order – this shall be understood as a declaration of will of the Customer, submitted via the Online Store operating within the Website, using the order form, aimed directly at concluding an Agreement with the Seller, specifying the type and quantity of the Product (in the case of the Product also its technical parameters and properties) or Goods;
x) Special Order – this shall be understood as a declaration of will of the Customer, submitted within the Online Store operating within the Website, expressed by e-mail, aimed directly at concluding an Agreement with the Seller, specifying furniture or equipment (non-prefabricated item), their individual technical design provided by the Customer, or the Customer’s request for the preparation of a technical design of furniture or equipment by the Seller, according to the Customer’s guidelines and indications, which furniture or equipment is not available in the Online Store as a Product or Good offered for sale;
2. All terms referred to above, as well as those defined in detail in these Regulations, if used in annexes to these Regulations, shall have the wording and meaning consistent with the Regulations, unless such annex expressly defines a different meaning of the term used.
§ 2
GENERAL
1. These Regulations specify:
a) the terms and conditions of the Service Provider's provision of Services (free of charge) electronically, available via the Website and the Online Store operating within the Website;
b) the terms and conditions of concluding the Agreement by the Seller with the Customer, in the distance contracting procedure, using means of distance communication (available on the Website and the Online Store operated thereon, as well as specified in these Regulations).
2. These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended). 3. These Regulations apply to the User or Customer who is a Consumer or Entrepreneur, unless a given provision applies solely to a Consumer or Entrepreneur.
4. The Website and the Online Store operating within the Website are operated by Desiva Sp. z o. o., with its registered office and warehouse in (26-052) Nowiny at ul. Przemysłowa No. 35, entered into the Register of Entrepreneurs of the National Court Register by the District Court in Kielce, 0000138775th Commercial Division of the National Court Register, under the KRS number: 9592071641, NIP: 290455069, REGON: XNUMX.
5. The Seller (Service Provider) is the administrator of personal data provided by the User or Customer in connection with the use of the Website and the Online Store operating within it.
6. The Website and Online Store are the property of the Seller. It is prohibited to post or introduce illegal content to the Website or Online Store (in particular, content that violates good practice or the personal rights of third parties), as well as to interfere with their functionality and operation, in particular through the use of specific software or devices.
7. These Regulations are available on the Website for review by the User or Customer at: www.desiva.pl/dokumenty.
8. Before using the Website and the Online Store operating within it, the User or Customer should read these Terms and Conditions. 9. The provisions of these Terms and Conditions do not violate the rights of the Consumer granted under generally applicable laws in the Republic of Poland.
10. The User or Customer may contact the Seller: a) by mail to the following address: Desiva Sp. z o. o., ul. Przemysłowa nr 35, 26-052 Nowiny;
b) by phone: +48 517-234-660;
c) via e-mail to the following address: biuro@desiva.pl;
d) using the Contact Form on the Website.
§ 3
TECHNICAL REQUIREMENTS
1. For the proper use of the Website and the Online Store operating within the Website, as well as the Services provided therein, the User or the Customer must have access to e-mail, a computer, laptop or other multimedia device whose IT system and technical conditions meet the following criteria: Internet access, a processor of at least 800 MHz, 512 MB RAM, a graphics card and a screen supporting a resolution of 800×600 and 256 colors (recommended resolution 1024×768), an installed Internet Explorer web browser, version 7.0 or newer, or other web browsers such as Mozilla Firefox version 3.6 or newer, Opera, Google Chrome version 8 or newer, Safari, with JavaScript and cookies enabled.
2. The User or Customer is responsible for ensuring technical compatibility between the device (computer, laptop, or other multimedia device) and the IT and telecommunications system, and the Website. 3. Detailed information on cookies can be found in the Privacy Policy.
4. In order to ensure the security of the Services provided on the Website and the Online Store operating on the Website, the Seller shall take the necessary technical and organizational measures appropriate to the level of threat to the security of the Service provided.
5. Using the Website and the Online Store operating within the Website is free of charge.
§ 4
SERVICES PROVIDED ELECTRONICALLY
1. Within the Website and the Online Store operating within the Website, the Service Provider provides the provision of Services (free of charge) electronically, under the terms and conditions specified in these Regulations, consisting of:
a) enabling the Customer to purchase a Product or Goods in the Online Store operating within the Website via the order form; b) enabling the Customer to use the Configurator available in the Online Store operating within the Website;
c) enabling the User or Customer to use the Contact Form available on the Website;
d) enabling the User or Customer to use the Newsletter. 2. The agreement for the provision of Electronic Services for purchasing Products or Goods in the Online Store operating within the Website via an order form is concluded at the moment the Product or Good is added to the cart, for a specified period of time, until the Customer completes the Order. The Customer may at any time (no later than the Order completion time) cancel this service by canceling the Order. The service of enabling the Customer to purchase Products or Goods in the Online Store operating within the Website via an order form is free of charge. Detailed terms and conditions for placing an Order are specified in § 6 of these Regulations.
3. The agreement for the provision of electronic services involving the use of the Configurator, available in the Online Store operating within the Website, is concluded when the Customer begins specifying the technical parameters of the Product or its other properties (selectable within the Configurator), for a fixed period of time, until the Customer completes the Order. The Customer may at any time (no later than the Order completion date) cancel this service by canceling the Order. The service enabling the Customer to use the Configurator, available in the Online Store operating within the Website, is free of charge. Detailed terms and conditions for using the Configurator are specified in § 6 of these Terms and Conditions.
4. The agreement for the provision of Electronic Services regarding the use of the Contact Form available on the Website is concluded upon clicking the "Send" field on the Contact Form, for a specified period of time, until the message is delivered to the Seller. This service is a one-time service. As part of this service, the User or Customer must complete the fields available in the Contact Form, providing their personal data, such as their name and email address. The terms and conditions for processing this personal data are specified in the Privacy Policy. Until the "Send" field is clicked, the User or Customer has the ability to freely shape the content of the message, subject to the provisions of these Terms and Conditions. The service of enabling the User or Customer to use the Contact Form available on the Website is free of charge.
5. The agreement for the provision of electronic services regarding the use of the Newsletter is concluded upon clicking the "Subscribe" field in the Newsletter tab, for an indefinite period. The User or Customer is entitled to terminate this agreement at any time, with immediate effect, through the communication channels specified in § 2, section 10 of these Regulations. As part of this service, the User or Customer must provide their email address, which is a condition for the proper provision of this service. The terms and conditions for the processing of this personal data are specified in the Privacy Policy. The service of enabling the User or Customer to use the Newsletter is free of charge.
6. The Service Provider may terminate the Agreement for the provision of electronic services, referred to in § 4, paragraphs 2-5 of the Regulations, with immediate effect if the User or Customer grossly (objectively and unlawfully) violates the provisions of these Regulations, in particular fails to comply with the prohibition specified in § 2, paragraph 6 of the Regulations. Termination of the agreement for the provision of electronic services in the above manner may occur after prior notice to the User or Customer to cease violating these Regulations.
7. The services specified in § 4 section 1 of these Regulations are provided 7 (seven) days a week, 24 (twenty-four) hours a day. 8. The Service Provider is entitled to suspend or terminate the provision of certain Services due to the need to carry out modernization, technical or maintenance work on the Website's IT system or devices ensuring the functionality of the Website, as well as due to organizational changes at the Seller, provided that the suspension or termination of the provision of certain Services may not violate the rights of the User or Customer.
9. The technical requirements necessary to provide the Services electronically are specified in § 3 of these Regulations.
§ 5
INFORMATION ABOUT THE PRODUCT OR GOODS
1. All information about the Product or Goods available in the Online Store operating within the Website is posted on the Website. 2. All information, advertisements, price lists, and other announcements posted by the Seller in the Online Store operating within the Website constitute an invitation to conclude an Agreement, pursuant to Art. 71 of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended).
3. Each of the Products available in the Online Store operating within the Website is a non-prefabricated movable item, manufactured by the Seller according to the technical parameters and other properties of the Product, specified by the Customer via the Configurator, in accordance with his individual needs and discretion.
4. Each of the Goods available in the Online Store operating within the Website does not constitute a non-prefabricated movable item, as referred to in Art. 38, point 3 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
5. Information regarding which movable item is a Product and which is a Good within the meaning of these Regulations is always included in the description of each movable item available in the Online Store operating within the Website.
6. The Seller does not have a ready-made Product in stock in the Online Store operating within the Website, due to the fact that the Product is each time made to the Customer's order, in accordance with the technical parameters and properties of the Product specified by him via the Configurator.
7. The photos of the Product or Goods posted in the Online Store operating within the Website are for informational purposes only and may differ slightly from the actual colors displayed on the User's or Customer's monitor screens due to the technical and technological capabilities of the colors displayed.
8. All Products and Goods available in the Online Store operating within the Website are brand new and free from physical and legal defects. 9. Product or Goods prices are listed in the Online Store operating within the Website in Polish currency (Polish zloty).
10. The price of a Product available in the Online Store operating within the Website is determined by the options selected in the Configurator. 11. The Seller reserves the right to make changes to the descriptions and prices of the Product or Goods, provided that such changes do not affect the prices of the Product or Goods ordered before the changes were made.
12. In the case of a Special Order, the price of the furniture or equipment covered by the Special Order is determined individually by the Seller after analysis and valuation of the individual technical design provided by the Customer, or after preparation of the technical design of the furniture or equipment by the Seller, at the Customer's request, in accordance with the Customer's guidelines and indications.
13. Each Product or Goods available in the Online Store has: the name of the product or service, a description of the main functional features, and in the case of products – the composition or material from which they are made, the name of the manufacturer or importer, the price along with information whether it includes all taxes and other additional costs, a photo of the product or a picture of the service.
§ 6
PLACING AN ORDER
1. Placing an Order for a Product or Goods takes place via the Internet, in the Online Store operating within the Website, using the order form.
2. In the case of a Special Order, it is permissible to place such an order via the Internet, in the Online Store operating within the Website, using e-mail (to the address: biuro@desiva.pl).
3. An Order or Special Order can be placed in the Online Store operating within the Website, in the manner specified in these Regulations, 7 (in words: seven) days a week, 24 (in words: twenty-four) hours a day.
4. In order to correctly place an Order using the order form, you should: a) in the case of placing an Order for Goods – go to the website www.desiva.pl and select the Goods and their quantity, and then confirm your selection by "clicking" the "Add to cart" field;
b) in the case of placing an Order for a Product – go to the website www.desiva.pl and select the Product and its quantity, as well as specify individually the technical parameters of the Product and its other properties (selectable within the Configurator) using the Configurator, and after configuring the Product, confirm your selection by "clicking" the "Add to cart" field;
c) after the Customer has added all the Products or Goods – make sure that the Product or Goods has been correctly selected by the Customer, in particular in terms of its features, properties and quantity, and then "click" the "I am ordering" field;
d) complete the order form by providing personal data such as: name and surname (and in the case of an Entrepreneur, his company name), telephone number, e-mail address, home address, delivery address, and if the Customer is an Entrepreneur, also the Tax Identification Number and National Business Registry Number (the terms and conditions for processing the personal data in question are specified in the Privacy Policy);
e) select the payment method and delivery method, as well as the option of issuing a VAT invoice;
f) accept the declaration of having read these Regulations and consenting to their provisions, as well as the declaration of having read the Privacy Policy;
g) if the Customer has correctly completed the order form and specified the payment and delivery method options, as well as submitted all the necessary declarations – click on the “I order and pay” field.
5. Before the final completion of the Order, the Customer is informed about the total value of this Order, taking into account the Price for the selected Product or Goods and the costs related to the method of Delivery of the ordered Product or Goods.
6. The Customer's submission of a declaration of having read these Regulations and consenting to their provisions, as well as a declaration of having read the Privacy Policy, is voluntary, however, their failure to do so prevents the conclusion of the Agreement and the execution of the Order.
7. Placing an Order by the Customer shall be deemed to be an offer to conclude a Contract (sale) of the Product or Goods covered by the Order, addressed to the Seller.
8. In order to properly place a Special Order via e-mail, you must:
a) send a Special Order by e-mail, specifying the furniture or equipment (non-prefabricated item), together with their individual technical design prepared by the Customer, or with the Customer’s request for the preparation of a technical design of furniture or equipment by the Seller, according to the Customer’s guidelines and indications, as well as personal data in the form of: name and surname (and in the case of an Entrepreneur, their company name), telephone number and e-mail address (the principles and conditions for processing the personal data in question are specified in the Privacy Policy);
b) after receiving a response from the Seller in the form of an e-mail indicating the possibility of executing the Special Order, as well as specifying the essential provisions of the Agreement, in particular the price for the execution of the Special Order, the date and method of its execution and the price of Delivery, as well as after making any arrangements regarding the technical aspects of the execution of the Special Order – send by e-mail a clear statement from the Customer on acceptance of the terms of the Special Order and entrusting its execution to the Seller, together with a statement on having read and accepted the content of these Regulations and a statement on having read the content of the Privacy Policy, as well as further personal data necessary to conclude the Agreement, in the form of a residential address, delivery address, and if the Customer is an Entrepreneur, also the Tax Identification Number and National Business Registry Number (the principles and conditions for processing the personal data in question are specified in the Privacy Policy).
9. After placing an Order or Special Order, the Customer receives an e-mail (via e-mail) to the address indicated by him/her confirming acceptance of the Order or Special Order for execution, together with its essential provisions, i.e.:
a) the Order or Special Order number;
b) the date of completion of the Order or Special Order; c) the form of payment of the Price (in the case of a Special Order, the price accepted by the Customer) and Delivery costs and their total amount;
d) specification of the subject of the Order or Special Order; e) any other terms of the Agreement individually agreed with the Customer for the Special Order, to which the Customer has expressly consented. 10. The Agreement between the Customer and the Seller is concluded upon the Customer's receipt of an email confirming acceptance of the Order or Special Order for execution.
11. If the Seller is unable to fulfill the Order or Special Order, he is obliged to notify the Customer by e-mail about the impossibility of fulfilling the Order or Special Order and the reasons for such refusal.
12. If the subject of the contract concluded between the Customer and the Seller is a service, if, at the express request of the Consumer, the performance of the service is to begin before the expiry of the period for withdrawal from the contract concluded outside the business premises, the Seller requires the Consumer to submit an express declaration containing such a request on a durable medium.
§ 7
PAYMENT METHODS
1. In connection with placing an Order or Special Order, the Seller provides the Customer with the following payment methods:
a) by bank transfer (the Seller's bank account number is indicated on the Website and in the e-mail sent to the Customer after placing an Order or Special Order);
b) via the online payment system, payment using the Blik system);
c) other electronic payments.
d) Available forms of payment by card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
2. The Seller reserves the right to choose from a variety of payment options depending on the type of Order or Special Order.
3. If the Customer chooses a bank transfer as the payment method, he/she is obliged to settle the full value of the Order or Special Order within 7 (seven) days from the date of conclusion of the Agreement, unless the Agreement provides otherwise.
4. If the tpay system or other electronic payments are selected as the payment method, the Customer is obliged to settle the full value of the Order or Special Order within 3 (in words: three) days from the date of placing the Order or Special Order.
5. The Seller will commence the execution of the Order or Special Order after it has been paid in full.
6. The date of payment is the date on which the payment is credited to the Seller's bank account or upon receipt of confirmation of accepted payment from the tpay system.
7. The Seller will issue a VAT invoice if the Customer has expressly requested its issuance (by selecting the VAT invoice option when placing the Order, and in the case of a Special Order, by submitting an appropriate request via e-mail when placing the Special Order) and will deliver the VAT invoice to the Customer via e-mail (if the Customer has agreed to this) or by mail.
8. The entity providing online payment services in the scope of card payments is Autopay SA with its registered office in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, KRS 0000320590, NIP 5851351185, REGON 220632871.
§ 8
EXECUTION OF THE CONTRACT
1. The execution (fulfilment) of an Order or a Special Order by the Seller, excluding the Delivery time, shall take up to 5 (in words: five) weeks from the date of conclusion of the Agreement or from the date of receipt of the total amount of the required payment specified in the Order or a Special Order.
2. Each Order or Special Order completion date is indicated in the email from the Seller confirming acceptance of the Order or Special Order for processing. If payment is made by card or online transfer, the Order completion time is counted from the moment the payment is authorized.
§ 9
DELIVERY AND PICKUP
1. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, takes place exclusively within the territory of the Republic of Poland.
2. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, shall take place to the place indicated as the Delivery address in the Order or Special Order, subject to § 9 section 1 of these Regulations.
3. Delivery of the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, takes place via
Suppliers. Delivery via the Supplier is subject to a fee (unless the Agreement provides otherwise), and the delivery costs are specified in the order form each time the Order is placed. In the case of a Special Order, the delivery costs are specified by the Seller in an email indicating the possibility of fulfilling the Special Order.
4. Delivery of the Product or Goods, and in the case of a Special Order, the furniture or equipment covered by the order, takes place on Business Days. 5. Delivery time is beyond the Seller's control and is approximately 48 (in words: forty-eight) hours from the date of shipment by the Seller. Shipment takes place within 24 (in words: twenty-four) hours from the date the Seller completes the Order or Special Order.
6. When placing an Order through the Online Store, operating within the Website, using the order form, the Customer may select the Pick-Up Delivery option. Pick-up is free of charge and takes place from the Seller's registered office (or from the Seller's brick-and-mortar store, if one exists). In the case of a Special Order, the Customer is required to indicate the Delivery method in the email initiating the Special Order.
7. Upon receipt of a shipment or package from the Supplier, the Customer is entitled to inspect the packaging for external damage. If such inspection reveals damage to the packaging, it is recommended that a damage report be prepared with the participation of an employee or associate (courier) of the Supplier. In the event of damage to the packaging, the Customer may refuse to accept the shipment. Additionally, the Seller recommends inspecting the Product or Goods, and in the case of a Special Order, the furniture or equipment covered by the order, upon receipt.
8. All available delivery methods and costs are presented to the Customer each time an Order or Special Order is placed, before its final confirmation.
§ 10
WARRANTY AND COMPLAINTS
1. The Seller ensures the Delivery of the Product or Goods, and in the case of a Special Order, the item covered by the order in question, free from physical and legal defects.
2. Pursuant to the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended) – Article 556 et seq. – the Seller is liable to the Customer if the sold item has a physical or legal defect (warranty).
3. The Consumer has the right to lodge a complaint about the Product or Goods, and in the case of a Special Order, furniture or equipment covered by the order in question, under the terms specified in the Act of 23 April
1964 Civil Code (Journal of Laws No. 16, item 93, as amended), taking into account the provisions concerning consumers.
4. A natural person concluding an Agreement directly related to their business activity, when the content of this agreement indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Business Activity, has the right to file a complaint under the warranty for physical defects of the sold item, in accordance with the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), taking into account the provisions applicable to such a person.
5. A Customer who is not a Consumer, as well as a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for them, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity, has the right to file a complaint under the warranty for physical defects of the sold item, in accordance with the provisions of the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), excluding special provisions concerning the Consumer.
6. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Product or Goods, and in the case of a Special Order, the item covered by the order in question.
7. A complaint may be submitted in any manner provided for by generally applicable law, in particular in writing (by leaving a letter with the Seller or sending it by post to the Seller's registered office address), by e-mail or using the Contact Form.
8. The Seller recommends that the Customer provide the following information in the complaint:
a) description of the circumstances relating to the subject of the complaint;
b) the type and date of occurrence of the defect;
c) request a method of handling the complaint, among the rights specified under generally applicable provisions of law;
d) the Customer's contact details and the communication channels to which the Customer consents when considering the complaint.
9. The Customer who exercises the warranty rights is obliged to deliver the item complained about to the Seller's registered office.
10. The Seller will consider the complaint within 14 (fourteen) days of its receipt. The Seller will address the complaint within the timeframe specified above, using the communication channels agreed to by the Customer when submitting the complaint, or in the absence of such consent, in writing by correspondence.
§ 11
THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. A consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving any reason within 14 (fourteen) days, in accordance with the Act of 30 May 2014 on Consumer Rights, subject to paragraph 7 of this section. In the case of Products offered by the Seller that are non-prefabricated items, manufactured according to the Consumer's specifications or intended to meet their individual needs, the right to withdraw from the contract does not apply, in accordance with Article 38, point 3 of the aforementioned Act.
2. The deadline for withdrawal from the Agreement expires after 14 (in words: fourteen) days from the date of:
a) on which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods;
b) in the case of goods delivered in batches or parts, in which the Consumer has acquired possession of the last batch or part or in which a third party other than the carrier and indicated by the Consumer has acquired possession of the last batch or part;
c) in the case of a Service Provision Agreement, conclusion of the contract.
3. In order to exercise the right to withdraw from the contract, the Consumer must inform the Seller (Service Provider) of his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail, or a statement submitted via the Contact Form).
4. The Consumer may exercise the right to withdraw from the contract by using the model declaration of withdrawal from the contract, constituting Annex No. 2 to these Regulations, or via the Contact Form available on the Website.
5. If the Consumer submits a declaration of withdrawal from the contract via the Contact Form available on the Website or via e-mail, the Seller will immediately send him/her confirmation of the information on withdrawal from the contract on a durable medium (via e-mail).
6. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information concerning the exercise of the Consumer's right to withdraw from the contract before the deadline for withdrawal expires.
7. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), the right to withdraw from a contract (concluded at a distance) does not apply 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 performed the service, he will lose the right to withdraw from the contract;
b) where the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs;
c) where the subject of the performance are things which, due to their nature, after delivery are inseparably connected with other things;
d) in which the Consumer has expressly requested the entrepreneur to come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or supplies items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract in respect of additional services or items.
8. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 (in words: fourteen) days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from this contract, subject to § 11 section 10 of these Regulations.
9. The Seller will refund the payment using the same payment methods that were used in the original transaction, including in the case of card payments – to the bank account assigned to the Ordering Party’s payment card – unless the Consumer has expressly agreed to another solution that does not involve any costs for him.
10. The Seller may withhold reimbursement until the goods are received or until proof of shipment is provided to the Seller, whichever occurs first.
11. The Goods must be returned or handed over to the Seller to the following address: Desiva Sp. z o. o., ul. Przemysłowa nr 35, 26-052 Nowiny, immediately, and in any event no later than 14 (in words: fourteen) days from the day on which the Consumer informed the Seller of withdrawal from this contract. The deadline is met if the Consumer sends the Goods back to the Seller before the expiry of the 14 (in words: fourteen) day period.
12. The consumer bears the direct costs of returning the goods, including the costs of returning the goods.
13. The consumer is only liable for a reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
14. The Seller requests that the previously received accounting document (receipt or VAT invoice) be attached to the declaration of withdrawal from the contract or to the returned item.
15. The provisions regarding withdrawal from the contract by the Consumer, contained in § 11 of these Regulations, shall apply accordingly to a natural person concluding a contract directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for him/her.
16. A template for the instruction on the right to withdraw from the Agreement is attached as Appendix 1 to these Regulations.
17. A template for the declaration of withdrawal from the Agreement is attached as Appendix 2 to these Regulations.
§ 12
PERSONAL DATA PROTECTION
1. Using the Website and the Online Store operating within it involves the processing of personal data of Users or Customers.
2. The Seller indicates that detailed principles of protection and processing of personal data are specified in the Privacy Policy, available on the Website.
3. The personal data controller is Desiva Sp. z o. o. The data is processed for the purpose of order fulfillment, complaint handling, provision of services electronically, compliance with legal obligations, and – if consent is given – for marketing purposes. The legal basis for processing is Article 6 paragraph 1 letters b, c, and f of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). Detailed data processing principles are included in the Privacy Policy.
§ 13
MISCELLANEOUS
1. These Regulations enter into force on 1 February 2021 and are valid for an indefinite period.
2. These Terms and Conditions are available on the Website in a manner enabling users to read, save, secure, and download their content (saved to the memory of the User's or Customer's device). In each case, the User or Customer may request that the Seller deliver these Terms and Conditions (free of charge) to the email address provided by the requesting party, in the form of a PDF file.
3. The Seller reserves the right to amend these Regulations or introduce a new version of the document in question for important reasons (important reasons shall be understood in particular as changes in generally applicable legal provisions, changes in the Seller's business profile or the range of products offered within the Online Store, changes in the payment and delivery methods). Any changes to the Regulations or the introduction of a new version of the document in question shall not affect Orders placed before the introduction of these changes. In the event of conclusion of contracts for the provision of Services electronically under these Regulations, for an indefinite period (of a continuous nature), the amended Regulations shall be binding on the User or Customer if the Seller has complied with the requirements specified in Articles 384 and 384.1 Act of 23 April 1964 - the Civil Code (Journal of Laws No. 16, item 93, as amended), i.e. the User or Customer has been properly notified of the changes to the Regulations and their new content and the User or Customer has not terminated such Agreement immediately.
4. Agreements concluded by the Seller within the framework of the Online Store operated by him are concluded in Polish and are subject to Polish law, unless other provisions generally applicable in the territory of the Republic of Poland refer in an absolute manner to another foreign law.
5. In matters not regulated by these Regulations, the Act of 23 April 1964 – the Civil Code (Journal of Laws No. 16, item 93, as amended), the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended) and other generally applicable provisions of law in the territory of the Republic of Poland shall apply.
6. The Customer or User undertakes to use the Website and the Online Store operating thereon in a manner consistent with the provisions of these Regulations, as well as with other generally applicable legal provisions in the territory of the Republic of Poland.
7. In all disputes between the Seller (Service Provider) and the Consumer arising from the conclusion, execution or implementation of the Agreement, the competent court shall be the court specified in generally applicable provisions of law.
8. In all disputes between the Seller (Service Provider) and the Customer who is not a Consumer, arising from the conclusion, performance or implementation of the Agreement, the competent court shall be the court with jurisdiction over the registered office of the Seller (Service Provider).
9. If the complaint procedure conducted under these Terms and Conditions does not produce a satisfactory outcome, the Consumer has the right to use extrajudicial complaint and redress procedures. The Seller indicates that detailed options for the Consumer to use extrajudicial complaint and redress procedures, as well as the rules for accessing these procedures, are available at the offices and on the websites of state offices (bodies) and institutions responsible for consumer protection and assistance, i.e., municipal or district consumer ombudsmen, Provincial Inspectors of Trade Inspection, and the Office of Competition and Consumer Protection. The Consumer may also seek information in this regard from appropriate social organizations whose statutory tasks include consumer protection. Information relevant to the Consumer can be found in particular at the following websites:
a) http://www.uokik.gov.pl/spory_konsumenckie.ph
b) http://www.uokik.gov.pl/sprawy_zdrowie.php
c) http://www.uokik.gov.pl/wazne_adresy.php
10. The Consumer is entitled to refer a dispute arising from the concluded sales contract to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws No. 4, item 25, as amended). Furthermore, the Consumer may refer a dispute arising from the concluded sales contract to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the aforementioned Act, to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Consumer.
11. At the address http://ec.europa.eu/consumers/odr There is a platform for online dispute resolution between consumers and businesses at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of a dispute regarding contractual obligations arising from an online sales or service contract (more information is available on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
