ONLINE STORE TERMS
1. DEFINITIONS
POSTAL ADDRESS
name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or flat number; in the case of a town not divided into streets: town and property number), zip code and town.
RETURN ADDRESS AND COMPLAINTS ADDRESS:
DILIGENT
Szymon Mrózek
Aleja Rzeczypospolitej 23A / 74
02-972 Warsaw
CONTACT DETAILS :
Email: info@diligentclothes.com
phone: +48 724900283, (from Monday to Friday from 9 to 17)
DELIVERY – the type of transport service with the carrier and cost specified in the delivery price list
PROOF OF PURCHASE – invoice, bill or receipt issued in accordance with the Act on tax on goods and services of March 11, 2004, as amended and other applicable laws.
PRODUCT CARD – a single store subpage containing information about a single product.
CUSTOMER – an adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity, making a purchase directly from the Seller related to his business or professional activity.
CIVIL CODE – Civil Code Act of April 23, 1964, as amended.
CODE OF GOOD PRACTICES – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on counteracting unfair market practices of August 23, 2007, as amended.
CONSUMER – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
CART – a list of products made from products offered in the store based on the Buyer’s choices.
BUYER – both Consumer and Customer.
PLACE OF RELEASE – postal address or collection point indicated in the order by the Buyer.
MOMENT OF RELEASING ITEMS – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
PAYMENT – The entity providing the online payment service is Tpay, Przelewy 24.
In the event of a necessity to refund funds for a transaction made by the customer with a payment card, the seller refunds to the bank account assigned to the Ordering Party’s payment card.
Available payment methods:
- Credit cards:
- Visa
- Visa Electron
- MasterCard
- MasterCard Electronic
- Maestro
- Bank transfer to brand’s account.
If the payment was made using a payment card (return to the account of the card used for payment)
In the event of a necessity to refund funds for a transaction made by the customer with a payment card, the seller refunds to the bank account assigned to the payment card of the Ordering Party.
With card payments, the delivery time in Poland is up to 3 business days.
CONSUMER LAW – Consumer Rights Act of 30 May 2014.
PRODUCT – the minimum and indivisible quantity of items that may be the subject of the order, which is given in the Seller’s store as a unit of measure when determining its price (price / unit)
SUBJECT OF THE CONTRACT – products and delivery which are the subject of the contract.
SUBJECT OF THE BENEFIT – the subject of the contract.
COLLECTION POINT – place of delivery of the item which is not a postal address, listed in the statement provided by the Seller in the store.
THING – a movable thing that may or may be the subject of a contract.
SHOP – website available at https://theodderside.pl/, through which the Buyer can place an order.
SELLER:
DILIGENT Szymon Mrózek
ul. Kwiatowa 508
43-374 Buczkowice
NIP 9372669661
REGON 243541791
BANK ACCOUNT: 40 1050 1520 1000 0092 2345 8119
SYSTEM – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.
DELIVERY DATE – the number of hours or working days specified on the product card.
AGREEMENT – a contract concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.
WADA – both physical and legal defect.
PHYSICAL FAULT – non-compliance of the item sold with the contract, and in particular if the item:
1. it does not have properties that this kind of thing should have due to the purpose in the contract marked or resulting from circumstances or destination;
2.it has no properties that the Seller has provided to the Consumer,
3. it is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection as to its intended use;
4. it was delivered to the Consumer in an incomplete state;
5. in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
6. it does not have the property provided by the producer or his representative or a person who places the item on the market in the scope of his business activity and a person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the producer, unless the Seller did not know these assurances or, judging reasonably, could not know or they could not influence the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
LEGAL FAILURE – a situation when the item sold is the property of a third party or is encumbered with the right of a third party, and also if the restriction in the use or disposal of the item results from a decision or ruling of a competent authority.
ORDER – Buyer’s declaration of intent made through the store stating clearly: the type and quantity of products; type of delivery; payment method; place of delivery of goods, Buyer’s data and aimed directly at the conclusion of a contract between the Buyer and the Seller.
2. GENERAL CONDITIONS
The AGREEMENT is concluded in Polish, in accordance with Polish law and these regulations.
PLACE OF RELEASE OF ITEM must be on the territory of the Republic of Poland.
The SELLER is obliged and undertakes to provide services and deliver goods free of defects.
All prices provided by the Seller are expressed in the Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the deadline marked in days ends on the expiry of the last day, and if the beginning of the deadline marked in days is an event, it is not included in the calculation of the date of the day on which the event occurred.
Confirmation, access, consolidation, protection of all material provisions of the contract in order to gain access to this information in the future takes the form of:
1. order confirmation by sending to the e-mail address provided: orders, pro forma invoices, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to download the rules yourself and a pattern of withdrawal from the contract;
2. attach to the completed order, sent to the indicated place of issue of printed things: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.
The SELLER informs about guarantees known to him granted by third parties for products in the store.
The SELLER provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with resolution horizontal above 1024 px.
The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to get the full functionality of the store https://diligentclothes.com/, you must turn them all off .
The BUYER may use the option of saving his data by the store to facilitate the process of placing the next order.
For this purpose, the Buyer should provide the login and password necessary to access his account.
The login and password are a string of characters set by the Buyer who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the opportunity to view, correct, update data and delete the account in the store at any time.
The SELLER applies to the code of good practice.
The BUYER is obliged to:
1. not to provide or transfer content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
2. use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
3. not taking actions such as sending or placing unsolicited commercial information (spam) as part of the store,
4. use the store in a way that is not burdensome for other Buyers and for the Seller,
5. use all content posted as part of the store only for personal use,
6. use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general rules of netiquette.
3. CONCLUSION OF THE CONTRACT AND IMPLEMENTATION
ORDERS can be placed 24 hours a day.
To place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
1. adding a product to the cart;
2. choice of delivery type;
3. choice of payment type;
4. choice of place of delivery;
5. placing an order in the store by using the “ORDER” button.
Conclusion of the contract with the consumer takes place when the order is placed.
The implementation of the Consumer’s order payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after the Consumer’s payment is credited to the Seller’s account, which should take place within 3 days of placing the order.
The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller.
The Customer’s cash on delivery payment order is carried out immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the Customer’s payment is credited to the Seller’s account.
The subject of the contract is sent within the time limit specified on the product card, and for orders consisting of many products within the longest time specified on the product cards. The period begins when the order is processed.
The purchased subject of the contract is, together with the sales document selected by the Buyer, sent by the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 item 6b.
4. RIGHT TO WITHDRAW FROM THE CONTRACT
CONSUMER is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 Consumer Law.
The withdrawal period from the distance contract is 14 days from the receipt of the shipment by the buyer, and to meet the deadline it is enough to send a statement before its expiry.
The consumer may submit a declaration of withdrawal from the contract using the form, which is attached as Annex 2 to the Consumer Law, on the form available at: http://theodderside.com/ZWROT-TOWARU-cterms-pol-33.html
In the event of withdrawal from the contract, the contract is considered void.
The CONSUMER is obliged to return the item to the Seller immediately, but not later than 14 days from the day on which he received the parcel.
The CONSUMER sends back items that are the subject of the contract, from which he withdrew at his own expense and risk.
CONSUMER is responsible for reducing the value of the thing being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the thing.
The SELLER shall immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract submitted by the Consumer, reimburse the Consumer all payments made by him, including the costs of delivery of the item, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by the Seller , The Seller will not refund the consumer additional costs in accordance with Article 33 of Consumer Law.
The SELLER shall refund the payment using the same method of payment that was used by the Consumer, unless the Consumer has expressly agreed to a different payment method which does not involve any costs for him.
The SELLER may withhold the reimbursement of the payment received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
The CONSUMER pursuant to Article 38 of Consumer Law is not entitled to withdraw from the contract:
1. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
2. 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;
3. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
4. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
5. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
6. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
7. for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract;
8. for delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
5. WARRANTY
SELLER based on art. 558§1 of the Civil Code completely excludes liability to Customers due to physical and legal defects (warranty).
The SELLER is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent ones for defects (warranty).
In the case of a contract with a consumer, if a physical defect was found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the consumer.
CONSUMER if the item sold has a defect, it can:
1. make a statement requesting a price reduction;
2. make a statement of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to exchange the item for one free of defects or to remove the defect, he shall not have the right to replace the item or remove the defect.
The CONSUMER may instead of the removal of the defect proposed by the Seller request that the item be replaced with a non-defective one or instead of the replacement of the item demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller , while the assessment of excessive costs takes into account the value of the item free from defects, the type and significance of the defect, and also takes into account the inconvenience to which the consumer would otherwise expose.
The CONSUMER may not withdraw from the contract if the defect is insignificant or is related to the nature of the material from which the product is made and arises in connection with the use of the goods.
CONSUMER if the item sold has a defect, it may also:
1. demand replacement of the item with one free of defects;
2. demand that the defect be removed.
The SELLER is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
The SELLER may refuse to accept a complaint of the Consumer if the defect is insignificant or is related to the nature of the material from which the product is made, and arises in connection with the use of the goods.
The SELLER is obliged to accept a defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract.
The SELLER will respond within fourteen days to:
1. statements about the demand for price reduction;
2. statements of withdrawal from the contract;
3. request to exchange the item for one free of defects;
4. defect removal requests.
Otherwise, it is considered that he considered the Consumer’s statement or request justified.
6. PRIVACY POLICY AND SECURITY OF PERSONAL DATA:
The administrator of databases of personal data provided by the consumers of the store is the Seller.
The SELLER undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002. The Buyer by providing his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The buyer has the opportunity to view, amend, update and delete his personal data at any time.
7. FINAL PROVISIONS:
Nothing in these Regulations is intended to violate the Buyer’s rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the regulations.
Registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced to adapt the regulations to the applicable legal status.
The current version of the regulations is always available to the Buyer in the regulations tab (http://theodderside.com/Regulamin-sklepu-internetowego-theodderside-pl-cterms-pol-18.html). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order shall apply. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.
In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer so wishes, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods for judicial or extrajudicial settlement of disputes, e.g. via the EU ODR online platform at http://ec.europa.eu/consumers/odr/. As a last resort, the matter is resolved by a court having local and factual jurisdiction.