Shop regulations

Shop regulations

specifying, among others rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, except for public holidays in Poland.
Civil Code – Act of 23 April 1964. Civil Code.
Consumer – a consumer within the meaning of the provisions of the Civil Code.
Account – a free function of the Store regulated by separate regulations (service provided electronically), thanks to which each entity using the Store can set up an individual account in the Store.
Buyer – any entity buying in the Store.
Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding a contract with the Seller directly related to its business activity, but not of a professional nature for it.
Regulations – these regulations.
Store – Defro online store – a store run by the Seller at https://www.defrogarden.pl
Seller – DEFRO R. Dziubeła Spółka Komandytowa with its registered office at Ruda Strawczyńska 103A, 26-067 Strawczyn, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR THE CITY OF WARSAW IN WARSAW, XII COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER, under no. KRS 0000620901, NIP 9591968493, REGON number 36337889800000.
Consumer Rights Act – the Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: Ruda Strawczyńska 103A, 26-067 Strawczyn
2. E-mail address: biuro@defrogarden.pl
3. Phone: 41 303 80 85

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:
   • device with Internet access
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active email account is required.

§ 4 SHOPPING IN STORE

1. Product prices visible in the Store are the total prices for the product.
2. The Seller points out that the total price of the order includes the price for the product indicated in the Store and, if applicable, the cost of delivery of the goods.
3. The product selected for purchase should be added to the basket in the Store.
4. Then the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store, and also provides the data necessary to complete the order.
5. The order is placed at the moment of confirmation of its content and acceptance of the Regulations by the Buyer.
6. Placing an order is tantamount to concluding a contract between the Buyer and the Seller.
7. The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

1. You can pay for the placed order, depending on the Buyer’s choice:
   1. by ordinary transfer to the Seller’s bank account;
   2. using a payment card via the payNow payment gateway:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
2. If you choose to pay via the payNow payment platform, the entity providing online payment services is mBank S.A.
3. If the Buyer chooses payment in advance, the order must be paid within 5 Business Days of placing the order.
4. The Seller informs that in the case of payment methods in which the field for entering the data necessary to complete the payment appears immediately after placing the order, payment for the order is possible only immediately after placing the order.
5. When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

The Seller’s bank account number is:

§ 6 EXECUTION OF THE CONTRACT

1. Estimated delivery time is indicated on the product page. The maximum order processing time is 30 working days.
2. If the Buyer has chosen to pay in advance for the order, the Seller will proceed to the execution of the order after paying for it.
3. In a situation where, under one order, the Buyer purchased products with different delivery dates, the order will be completed on the date appropriate for the product with the longest delivery date.
4. The goods are delivered only on the territory of the Republic of Poland.
5. Products purchased in the Store are delivered via a courier company.
6. The buyer may pick up the goods in person at the company’s headquarters during its opening hours.
7. If the Buyer chooses personal collection, the goods will be ready for collection at the indicated date of order completion.

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The privileged buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the day:
   1. in which the Preferred Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Preferred Buyer came into possession of the goods;
   2. in which the Preferred Buyer came into possession of the last good, lot or part, or in which a third party, other than the carrier and indicated by the Preferred Buyer, came into possession of the last good, lot or part, in the case of a contract requiring the transfer of ownership of multiple goods that are delivered are separately, in batches or in parts.
3. In order for the Preferred Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
4. A privileged buyer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
5. In order to meet the withdrawal deadline, it is enough for the Preferred Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
   
   CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
6. In the event of withdrawal from the concluded contract, the Seller shall return to the preferred Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the preferred method of delivery chosen by the Buyer other than the cheapest usual method of delivery offered by the Seller), immediately and in any case no later than 14 days from the date on which the Seller was informed about the decision of the Preferred Buyer to exercise the right to withdraw from the contract.
7. The Seller will refund the payment using the same payment methods that were used by the Preferred Buyer in the original transaction, unless the Preferred Buyer agrees to a different solution, in each case the Preferred Buyer will not incur any fees in connection with this return.
8. If the Seller has not offered to collect the goods from the Preferred Buyer himself, he may withhold the reimbursement until receipt of the goods or until he is provided with proof of its return, whichever occurs first.
9. The Seller asks that the goods be returned to the following address: Ruda Strawczyńska 103A, 26-067 Strawczyn immediately, and in any case not later than 14 days from the date on which the Preferred Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the preferred buyer sends back the goods before the expiry of the 14-day period.
10. The preferred buyer bears the direct costs of returning the goods.
11. The preferred buyer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
12. If the goods, due to their nature, cannot be returned by ordinary post, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Preferred Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
13. If it is necessary to return funds for a transaction made by the Preferred Buyer with a payment card, the Seller will refund the funds to the bank account assigned to this payment card.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to a contract:
   1. in which the subject of the service is non-prefabricated goods, manufactured according to the specification of the Preferred Buyer or serving to satisfy his individual needs;
   2. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
   3. 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 for withdrawing from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller shall be liable to the Preferred Buyer for the compliance of the service with the contract, provided for by generally applicable laws, including in particular the provisions of the Act on Consumer Rights.
2. The Seller asks you to submit a complaint to the postal or electronic address indicated in § 2 of the Regulations.
3. If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
4. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
5. The seller will respond to the complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

1. Goods
   1. In the event of non-compliance of the goods with the contract, the Preferred Buyer has the option of exercising the rights set out in Chapter 5a of the Act on Consumer Rights.
   2. The Seller is liable for the lack of conformity of the goods with the contract, existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Pursuant to the provisions of the Act on Consumer Rights, the Preferred Buyer may in any case demand:
      1. exchange of goods,
      2. repair of the goods.
   4. In addition, the Preferred Buyer may make a statement about:
      1. lowering the price
      2. withdrawal from the contract
   1. in a situation where:
      • The seller refused to bring the goods into compliance with the contract in accordance with art. 43d sec. 2 of the Consumer Rights Act;
      • The seller did not bring the goods into compliance with the contract in accordance with art. 43d sec. 4-6 of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract continues, despite the fact that the Seller has tried to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d of the Consumer Rights Act;
      • it is clear from the Seller’s statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
   2. In the case of goods subject to repair or replacement, the Preferred Buyer should make the goods available to the Seller. The Seller collects the goods from the Preferred Buyer at its own expense.
   3. The preferred buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
   4. In the event of withdrawal from the contract referred to in this section (concerning goods), the Preferred Buyer immediately returns the goods to the Seller at his expense, to the address Ruda Strawczyńska 103A, 26-067 Strawczyn. The Seller returns the price to the Preferred Buyer immediately, not later than within 14 days from the date of receipt of the goods or proof of their return.
   5. The Seller returns to the Preferred Buyer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the Preferred Buyer’s statement on the price reduction.
3. Pozasądowe sposoby rozpatrywania reklamacji i dochodzenia roszczeń
   1. Out-of-court methods of dealing with complaints and pursuing claims In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use e.g. With:
      1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspektion_handlowej.php;
      2. assistance of the locally competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
      3. free assistance of the municipal or poviat Consumer Ombudsman;
      4. the online ODR platform available at address: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. In the event of a defect in the goods, the Buyer other than the Preferred Buyer has the option of complaining about the defective goods on the basis of the warranty regulated in the Civil Code.
2. Pursuant to the Civil Code, the Buyer who is an entrepreneur other than the Privileged Entrepreneur loses his rights under the warranty if he has not examined the goods in time and in the manner accepted for goods of this type and has not immediately notified the Seller of the defect, and if the defect came to light only later – if he did not notify the Seller immediately after finding it. To meet the above deadline, it is sufficient to send a notification of the defect before its expiry.
3. Using the warranty, the Buyer other than the Preferred Buyer may, on the terms set out in the Civil Code:
   1. submit a price reduction statement,
   2. in the case of a significant defect – submit a statement of withdrawal from the contract,
   3. demand replacement of the goods for ones free from defects,
   4. request removal of the defect.
4. If it turns out that in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer other than the Preferred Buyer is obliged to deliver the goods to the address Ruda Strawczyńska 103A, 26-067 Strawczyn.
5. For the avoidance of doubt, the Seller points out that the Seller’s liability towards the Buyer other than the Preferred Buyer, related to the complaint, shall be governed by the provisions of § 11 sec. 5.

§ 10 PERSONAL DATA

1. The Buyer’s personal data is processed by the Seller as the personal data administrator.
2. Providing personal data by the Buyer is voluntary, but necessary in order to set up an account, conclude a sales contract, use certain electronic services.
3. Detailed information on the protection of personal data can be found in the Privacy Policy available at https://www.defrogarden.pl/privacy-policy/

§ 11 DISCLAIMER

1. It is forbidden for the Buyer to provide illegal content.
2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Regulations. The contract is concluded for the time and for the purpose of order fulfillment.
3. Agreements concluded on the basis of the Regulations are concluded in Polish.
4. In the event of a possible dispute with a Buyer who is not a preferred Buyer, the competent court will be the court competent for the seat of the Seller.
5. Any liability of the Seller towards the Buyer who is not a privileged Buyer under the concluded contract is limited – within the limits permitted by law – to the amount of the order placed by the Buyer, as a result of which the contract was concluded, and up to 1 year from the conclusion of this contract.
6. The buyer is obliged to provide true data, including his personal data, data of the recipient of the shipment, data of the payer.
7. If in the order the recipient of the order is a person other than the Buyer, the Buyer declares that he has the recipient’s consent to place such an order.

Appendix No. 1 to the Regulations
Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to, use:

TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)

DEFRO R. Dziubeła Spółka Komandytowa
Ruda Strawczyńska 103A, 26-067 Strawczyn
e-mail address: sklep@defrogarden.pl

– Ja/My(*) …………………………………………………………… niniejszym informuję/informujemy(*) o moim/naszym odstąpieniu od umowy sprzedaży następujących towarów(*) / o świadczenie następującej usługi(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

– Data zawarcia umowy^(*)/odbioru^(*)

…………………………………………………………………………………………………………………………………………………………

– Imię i nazwisko Konsumenta(-ów) / Przedsiębiorcy(-ów) uprzywilejowanego(-ych):

…………………………………………………………………………………………………………………………………………………………

– Adres Konsumenta(-ów) / Przedsiębiorcy(-ów) uprzywilejowanego(-ych):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Podpis Konsumenta(-ów) / Przedsiębiorcy(-ów) uprzywilejowanego(-ych)
(tylko jeżeli formularz jest przesyłany w wersji papierowej)

Data ……………………………………..

(*) Niepotrzebne skreślić.

Newsletter regulations

Defro Garden store – shop

CONTENTS
§ 1 Definitions
§ 2 Newsletter
§ 3 Complaints
§ 4 Personal data
§ 5 Final provisions

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the Act of April 23, 1964. Civil Code.
Newsletter – a service provided free of charge by electronic means, thanks to which the Service Recipient may receive from the Service Provider by electronic means previously ordered messages regarding the Store, including information about offers, promotions and news in the Store.
Store  – Defro online store – a store run by the Service Provider at https://defrogarden.pl
Service Recipient  – any entity using the Newsletter service.
Privileged Service Recipient – a Service Recipient who is a Consumer or a natural person concluding an agreement with the Service Provider directly related to its business activity, but not of a professional nature for it.
Service Provider – DEFRO R. Dziubeła Spółka Komandytowa with its registered office at Ruda Strawczyńska 103A, 26-067 Strawczyn, entered into the National Court Register – Register of Entrepreneurs by the DISTRICT COURT FOR THE CITY OF WARSAW IN WARSAW, XII COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER, under no. KRS 0000620901, NIP 9591968493, REGON number 36337889800000.

§ 2 Newsletter

1. The Service Recipient may voluntarily use the Newsletter service.
2. To use the Newsletter service, you need a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
3. E-mails sent as part of this service will be sent to the e-mail address provided by the Service Recipient at the time of subscribing to the Newsletter.
4. In order to conclude a contract and subscribe to the Newsletter service, the Service Recipient, in the first step, provides his e-mail address in the designated place in the Store, to which he wants to receive messages sent as part of the Newsletter. At the time of subscribing to the Newsletter, a contract for the provision of services is concluded for an indefinite period, and the Service Provider will begin to provide it to the Service Recipient – subject to section 5.
5. In order to properly implement the Newsletter service, the Service Recipient is obliged to provide his correct e-mail address.
6. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
7. The Service Recipient may unsubscribe from the Newsletter, without giving any reason and incurring any costs, at any time, using the option referred to in par. 6 or by sending a message to the Service Provider’s e-mail address: biuro@defrogarden.pl.
8. The use of the link to unsubscribe from the Newsletter by the Service Recipient or sending a message requesting unsubscribing from the Newsletter will result in the immediate termination of the contract for the provision of this service.

§ 3 Complaints

1. Complaints regarding the Newsletter should be reported to the Service Provider at the following e-mail address: sklep@defrogarden.pl.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.
3. EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS
4. In the event that the complaint procedure does not bring the result expected by the Customer who is a Consumer, the Consumer may use, among others, With:
   1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
   2. assistance of the locally competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
   3. free assistance of the municipal or poviat Consumer Ombudsman;
   4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 4 Personal data

1. The Customer’s personal data is processed by the Service Provider as the personal data administrator.
2. Providing personal data by the Buyer is voluntary, but necessary in order to set up an account, conclude a sales contract, use certain electronic services.
3. Detailed information on the protection of personal data can be found in the Privacy Policy available on the website https://www.defrogarden.pl/privacy-policy/

§ 5 Final Provisions

1. The Service Provider reserves the right to change these regulations only for important reasons. An important reason is understood as the need to change the regulations caused by the modernization of the Newsletter service or a change in the law, affecting the provision of the service by the Service Provider.
2. Information about the planned change to the regulations will be sent to the Customer’s e-mail address provided at the time of subscribing to the Newsletter at least 7 days before the changes come into force.
3. If the Customer does not object to the planned changes until they enter into force, it is assumed that he accepts them.
4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about it to the Service Provider’s e-mail address: sklep@defrogarden.pl, which will result in the termination of the contract for the provision of the service upon the entry into force of the planned changes.
5. It is forbidden for the Customer to provide unlawful content.
6. The contract for the provision of the Newsletter service is concluded in Polish.
7. In the event of a possible dispute with a Service Recipient who is not a privileged Recipient, the competent court will be the court competent for the seat of the Service Provider.