REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS BY
The Regulations these Regulations for the provision of services by electronic means in the area of the Internet domain devo-onlineshop.com which sets out the conditions for the provision of Electronic Services by the Seller through the website www.devo-onlineshop.com to the Customers.
The Customer is an entity which concludes an Electronic Service Agreement with the Seller, provided that it has full legal capacity, or limited capacity to perform legal actions in cases regulated by generally applicable law or is a legal person or an organizational unit.
The Consumer is a Customer who is a natural person and concludes an Agreement not directly related to his business or professional activity.
The Seller is DEVO Karwacki Jerzy, ul. Meblowa 29 18-400 Łomża, registered in the Central Register and Information on Business Activity under NIP number 7180050120 and REGON number 450091623, being the service provider, administrator and owner of the Shop.
The Shop is an online store run by the Seller in Polish through a website available on the Internet at the URL: www.devo-onlineshop.com. The Shop provides Electronic Services, including Sales, to its Customers.
An Electronic Service is a service provided by the Seller to the Customer, based on an Agreement concluded between the parties through the Shop, under an organized system of concluding agreements at a distance, without the simultaneous physical presence of the parties.
The Shopping Cart is a functionality of the Shop, enabling the Customer to complete Product orders. The Product is added to the list of Products covered by the order by using the "To the cart" button, located next to the Product in the area of the Shop's website.
The Sale is a service provided by the Seller to the Customer to sell the Products without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Customer, transmitted and received through electronic processing devices, including digital compression, and data storage, which is entirely sent, received or transmitted through a telecommunications network.
An Agreement is an agreement for the provision of an Electronic Service by the Seller to the Customer.
The Seller's Contact Details are the data of the Seller, which the Customer may use to contact him, i.e. DEVO Karwacki Jerzy, ul. Meblowa 29 18-400 Łomża, e-mail address: firstname.lastname@example.org, tel: + 48 86 216 93 84.
The Client's Contact Details are the data of the Customer using which the Seller may contact the Customer, including address, e-mail address and telephone number.
The Customer Account is a panel managing Customer orders, available in the area of the Shop, subject to registration and logging in.
Registration is the creation of a Customer Account by the Customer, using the Shop registration form on his or her website.
The Product is an item presented in the area of the Shop by the Seller for Sale.
Delivery is the Delivery of the Products to the Customer at the destination indicated by him, through the Carrier.
The Carrier is an entity that performs the activities of Product Delivery in cooperation with the Seller.
External Payment System – is an internet payment system used by the Seller.
Working Days are days from Monday to Friday, excluding public holidays.
§1 General contractual terms and conditions
The Seller based on Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means and the Act of 30 May 2014 on consumer rights establishes the Regulations, which are available at the Shop's URL, as follows: www.devo-onlineshop.com.
The Seller provides Electronic Services under the Regulations and provisions of generally applicable law.
The Seller makes these Regulations available on the Shop's website.
Customers may at any time: access, record, acquire and reproduce the Regulations by printing or saving them on a data carrier.
The information provided on the Shop's website does not constitute the Seller's offer within the meaning of the Civil Code, but only an invitation to submit proposals to conclude an Agreement.
All Electronic Services are provided through the Shop's website 24 hours a day, 7 days a week.
To use the Shop, it is necessary for the Customer to have an ICT device with access to the Internet, a correctly configured Internet browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and correctly configured e-mail account.
The use of the Shop is made by reading its contents.
The Customer's orders are managed through the Customer's Account. The use of the Customer's Account is possible after its creation, using the correct login and password. To use the Customer's Account, it is required to log in with a password.
The creation of a Customer Account takes place through voluntary Registration, consisting of filling in and sending to the Seller a registration form, which is made available in the area of the Shop's website.
Filling in the registration form consists of filling in all mandatory and possibly optional fields of the form, using actual, complete and customer-specific data, in particular the Customer Contact Details.
Before sending the registration form, by ticking its appropriate box, the Customer should declare that he or she:
agrees to the processing of his or her personal data provided in the registration form, for the purpose of the provision of Electronic Services by the Seller,
has read the Regulations and accepts their provisions.
Sending the registration form consists in sending it to the Seller via the Shop, using the appropriate functionality, located in the registration form area.
§3 Provision of free Electronic Services
The Seller provides the following free of charge Electronic Services to Customers:
providing a contact form,
providing an order form,
maintaining a Customer Account,
Recommending the Product.
The Agreement for the provision of the contact form service is concluded for a fixed period of time at the moment of starting to use the contact form. It is terminated at the moment of using it or the Customer's failure to do so. The subject of this Agreement is to make available the contact form on the Shop's website to send a message to the Seller.
The Agreement for providing the service of making the order form available together with the configurator is concluded for a fixed period of time at the moment of starting to use the order form. It is terminated at the moment of placing an order or failure to place it by the Customer. The subject of this Agreement is to make available the order form on the Shop's website to send the order to the Seller.
The Agreement for the provision of the service of maintaining the Customer's Account shall be concluded for an unspecified period of time at the time of the Registration of the Customer's Account. The subject of this Agreement is to make the Customer's order management panel available.
The Product Command Service Agreement is concluded for a fixed period of time at the beginning of using the Product Command Form. It is terminated at the moment of using it or the Customer's failure to do so. The scope of this Agreement includes the provision of a Product Command Form to send a message about the Product to a third party designated by the Customer.
The Agreement for the provision of a free Electronic Service may be terminated by the Customer or the Seller without giving any reason and at any time, using the functionalities included in the Regulations or by an e-mail sent to the e-mail address included in the Seller's Contact Details or the Customer's Contact Details.
Orders for Products can be placed through the Shop's website 7 days a week and 24 hours a day, using the Shopping Cart function. The Customer, using the configurator on a subpage of the Product, can adjust its features by specifying, among other things, the type, colour and quantity. After completing the list of Product orders, in the area of the Shopping Cart, the Customer moves on to the order processing.
If the Customer is a logged-in Customer Account holder, he or she moves on to the next stage of order placement as a logged-in Customer.
If the Customer is not a logged-in Customer Account holder, he or she chooses to place an order by using the button or field:
„Create Account", using the Customer Account that will be registered. The Customer then registers the Customer's Account and uses it to proceed to the next stage of order placement.
„Quick Shopping", without using a Customer Account. The Customer then moves on to the next stage of order placement.
„Log in" to "Already registered?" using the Customer Account. The Customer then moves on to the next stage of order placement.
After choosing the method of placing an order, the Customer specifies:
delivery information, including delivery address,
the method of Product Delivery, by selecting the appropriate Delivery option,
the method of payment by choosing the right payment option.
Placing an order is preceded by the Customer's receipt of information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment, in the Cart area.
Placing an order can be done by using the "I confirm the order" field in the Cart, and it is equivalent to making an offer to the Seller by the Customer to conclude a Sales Agreement of the Products included in the order.
Before sending the order form, by ticking the appropriate box, the Customer should declare that he has read the Regulations and accepts their provisions.
The placed order may be changed by the Customer until the moment of receiving the information about shipping by the Seller.
Changes to the order may include cancellation of your order, partial cancellation, the extension to additional Products, modification of the Delivery address.
The Seller shall immediately inform the Customer of the impossibility of completing the order if the circumstances are causing it to occur. This information is provided by telephone or electronically, using Customer Contact Information. The information may include the following ways to modify the order:
cancellation in the part that is not possible to be executed, which results in conversion of the order value,
division of the Products subject to Delivery into a component that can be delivered and a part that can be provided at a later date, which does not result in the conversion of the order value,
cancellation of the order in its entirety, which results in cancellation of the order value.
Confirmation of order acceptance takes place by sending an e-mail by the Seller to the e-mail address indicated in the Customer Contact Details. Confirmation of order acceptance is tantamount to approval by the Seller of the offer to conclude a Sales Agreement, submitted by the Customer.
The Seller provides the service of Distance Selling of Products to Customers through the Shop.
The subject of the Sales Agreement includes the Seller's obligation to transfer the ownership of the Products to the Customer and to release them, and the Customer's responsibility to collect the Products and pay the Seller the price of the Products.
The Seller reserves the right to conduct promotional campaigns, consisting of reducing the price of the Product to a specific date or exhausting the stock of Products subject to the promotion.
By concluding the Sales Agreement, the Seller undertakes to deliver Products to the Customer without defects.
The Sales Agreement is concluded at the moment of confirming the acceptance of the Customer's order by the Seller.
Release of Products takes place immediately and generally within 7 Working Days.
The delivery time of the Products may change if the Customer changes the order.
The release of the Products takes place if the Customer chooses to receive the Products personally at the Shop's premises.
The Products shall be released not earlier than upon payment by the Customer.
The Seller confirms passing Products to the Carrier so that they can be delivered to the address provided by the Customer when placing an order, by sending an e-mail to the Customer's e-mail address.
The danger of accidental loss or damage of the item passes to the Consumer when it is handed over to the Consumer.
The delivered parcel should be examined by the Customer in the presence of the Carrier. In the case of damage to the package, the Customer has the right to demand a proper protocol.
The value of payment on account of the Sale is determined based on the price list of the Products, located on the Seller's website at the moment of ordering the Product. The prices indicated on the Shop's website for a given Product are gross prices provided in EUR and include the value of VAT but do not include the cost of Product Delivery and the chosen form of payment.
The Customer shall bear the costs of transaction and Delivery of the Product.
The total order price, visible in the area of the Shopping Cart before placing an order and after choosing the method of Product Delivery and payment, includes the price for the ordered Products, together with tax receivables and all related costs, in particular the costs of Delivery and transaction. The total order price is binding for the Seller and the Customer.
The Shop allows the following payment methods for sales services provided:
bank transfer to the Shop's bank account,
transfer through the External Payment System,
the instalment payment system.
The due date falls at the moment of Product release.
The bill or VAT invoice for the Sales service shall be attached to the Products subject to release or sent by e-mail to the Customer's e-mail address, depending on the Customer's will.
The Customer agrees to receive invoices in electronic form.
The payment shall be returned by the Seller immediately, no later than within 14 days from the date of the cause, in case:
withdrawal from the Agreement by the Consumer,
cancellation by the Customer of an order or part of an order paid for before execution,
recognition by the Seller of the claim covered by the complaint in whole or in part, based on generally applicable regulations.
The refund is made using the same payment method as the one used by the Customer in the original transaction unless the Customer agrees to another solution which does not involve any costs for him.
The Seller shall not be obliged to refund the additional costs incurred by the Customer for the Delivery of the Products if the Customer has chosen a method of Delivery other than the cheapest usual method of Delivery offered by the Seller.
§7 Complaints and guarantees
Complaints can be submitted by letter or e-mail to the postal or electronic address indicated in the Contact Details of the Seller.
The complaint should contain a description of the problem and the identification data of the Customer.
The Seller recognizes complaints within 14 days from the date of submission. In the content of the submitted complaint, it is recommended to provide the Customer's Contact Details, which will be used to respond to the complaint and conduct correspondence related to it.
In case the complaint concerns a Product, for the Seller to consider the complaint, the Customer should deliver or send the complained Product to the address of the Seller.
Complaints may be made on account of the warranty for defects of Products covered by the Sales Agreement and other Electronic Services.
If the Product has a defect, the Customer may demand that the Product be replaced with a defect-free one or that the defect be corrected. The Seller shall be obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Product into conformity with the Agreement in the manner chosen by the Customer or, in comparison with the other possible method of bringing it into compliance with the Agreement, would require excessive costs.
If the Customer is not a Consumer, the Seller may refuse to replace the Product with a defect-free one or remove the defect also when the costs of remedying this obligation exceed the price of the Product sold.
If the Product has a defect, the Customer may make a declaration of a price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or remove the defect. The Customer cannot withdraw from the Agreement if the defect is immaterial.
The Consumer may demand replacement of the Product with a defect-free one instead of the one proposed by the Seller, or demand removal of the defect instead of replacement of the Product unless bringing the Product into conformity with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller. When assessing the excessive costs, the value of the defect-free Product, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which the Consumer would be exposed by other means.
The reduced price, as defined in Clauses 10 and 11 above, should remain in such proportion to the price resulting from the Agreement as the value of the defective Product remains to the value of the defect-free Product.
The Consumer can use the following out-of-court complaint handling and claiming:
submitting a request for the resolution of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Commercial Inspectorate,
filing a request for initiation of mediation proceedings for an amicable settlement of a dispute between a Consumer and a Seller to the Voivodeship Trade Inspectorate,
using the assistance of a district or municipal consumer advocate or a social organization whose statutory tasks include consumer protection,
submitting a complaint via the EU ODR internet platform, available at http://ec.europa.eu/consumers/odr/.
Products may be covered by the manufacturer's or distributor's warranty. In such a case, the Customer shall be entitled to claim the Product, using the rights under warranty, by making a complaint to the guarantor. The complaint can be made through the Seller or directly to the guarantor.
The Customer may exercise the warranty rights for physical defects of the item regardless of the warranty rights.
§8 withdrawal from the Agreement
The Consumer may, without giving any reason, withdraw from the Agreement, including the Sales Agreement, within 14 days, subject to the standards indicated in the instruction on withdrawal from the Agreement, which is attached to the Regulations, placed in the area of the Store's website and available for download here.
The Consumer is not entitled to withdraw from the Agreement, e.g. concerning the Sales Agreement:
if the Seller had entirely performed the service with the express consent of the Consumer, who was informed before the performance began, that after the performance by the Seller will lose the right to withdraw from the Agreement,
An unprocessed product manufactured to the Consumer's specifications or to meet his or her individual needs,
Products which, after Delivery, due to their nature, are inseparably connected with other things.
The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. The declaration can be submitted on the form, a specimen of which is an appendix to the Regulations, placed in the area of the Store's website and available for download here.
In the case of receipt by electronic means of a statement of withdrawal from the Agreement by the Consumer, the Seller shall immediately send the Customer a confirmation of its receipt.
Immediately, but no later than within 14 days from the day on which the Consumer withdrew from the Agreement, he is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller. To meet the deadline, it is sufficient to send back the Product before its expiry. This provision does not apply if the Seller has offered to collect the Product itself.
The Seller undertakes to collect the Product at his or her own expense when, due to its nature, the Product cannot be sent back by ordinary mail, and at the same time the Product has been delivered to the Consumer to the place where he or she resided at the time of conclusion of the Sales Agreement.
The Consumer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics and functioning of the Product.
In case of withdrawal from the Agreement, it shall be deemed not concluded. If the Consumer made a statement of withdrawal from the Agreement before the Seller accepted his offer, the offer should cease to be binding.
Information concerning the exercise of the right of withdrawal from the Agreement can be found in the notice of withdrawal from the Agreement, which is attached to the Regulations, placed in the area of the Store's website and available for download here.
§9 Supplementary provisions
All trademarks, graphic elements and photographs placed on the Store's website to present the Products are subject to the copyright of their owners.
The Shop's Internet domain, its logos, name and Terms and Conditions are the property of copyright and subject to legal protection.
The Customer acknowledges that it is prohibited for the Customer to provide illegal content.
The Seller undertakes to make all reasonable efforts to enable the proper functioning of the Store and to provide assistance in solving technical problems related to its operation.
The Seller undertakes to carry out activities aimed at protecting the data in the Customer's Account against unauthorized access and use.
The Seller is not responsible for:
interruptions in the proper functioning of the Shop and improper performance of Electronic Services, caused by force majeure, concerning Customers who are not Consumers,
interruptions in the adequate operation of the Shop and inadequate performance of Electronic Services for Customers who are not Consumers, caused by technical activities or a cause lying on the side of entities through which the Store provides Electronic Services,
benefits lost by a non-Consumer Customer,
damages caused by the Customer's breach of the provisions of the Regulations.
§10 Final provisions
The Seller may collect information to store it locally on the Customer's device, using the memory mechanism of the browser using "cookies".
Personal data of the users of the Shop are processed based on the consent of the data subjects or when it is necessary for the performance of the Agreement, when the data subject is a party to it, or when it is necessary to take action before the conclusion of the Agreement at the request of the data subject.
Personal data is collected to provide Electronic Services by the Shop. Persons whose data have been collected by the Shop have the right to access the content of their data, correct them and submit a written reasoned request to stop processing them, as well as to object to it.
By concluding an Electronic Service Agreement, the Customer voluntarily authorizes the Seller to send to the Customer's Contact Details information related to the Agreements and their performance, as well as commercial information in case of separate consent.
The Regulations may be amended due to changes in legal regulations concerning the services provided by the Seller, as well as technical or organizational changes concerning the services provided by the Seller.
These Terms and Conditions are amended by the publication of their new content on the Store's website, with prior notice. Information about changes to the Regulations shall be placed in the area of the Store's website no later than 10 days before the date of their commencement and sent to the Customer's Contact Details if an Agreement of continuous nature bounds the parties.
Amendments to the Regulations do not apply to Sales Agreements concluded before the date of their modification.
The provisions of the Regulations are not intended to exclude or limit the rights of a Customer who is a Consumer, resulting from the provisions of Polish generally applicable law.
In case the provisions of the Regulations are inconsistent with the provisions of Polish common law, these provisions shall apply.
In matters not regulated by the Regulations, the provisions of Polish common law shall apply.
The Regulations shall come into force within 10 days of their publication on the Store's website.
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