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Terms and Conditions of the Online Store - grupadeluxe.com

I. General provisions

These Rules and Regulations define the general terms and conditions, manner of providing electronic services and sales conducted via the Internet Store grupadeluxe.com

The Store is operated by Adrian Wojciechowski, Sales Director, with registered office at Niepodległości 47, 64-100 Leszno, Poland, Tax Identification Number (NIP): 6972317986, Business Identification Number (REGON): 362580735, hereinafter referred to as the Seller;

Contact with the Seller is made through:

e-mail address: wojciechowski@grupadeluxe.com

at telephone number: 608029427,

These Terms and Conditions are uninterruptedly available on the website www.grupadeluxe.com in a manner that allows its acquisition, reproduction and consolidation of its content by printing or saving on a carrier at any time.

II. Definitions

The terms used in the Regulations mean:

Business days – are days from Monday to Friday excluding public holidays;

Customer – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;

Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);

Account – a part of the Online Store assigned to a given Customer, through which the Customer may perform certain actions within the Online Store;

Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

Entrepreneur – a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code ;

Terms and Conditions – this document;

Goods – the product presented in the Online Store, the description of which is available next to each product presented;

Sales Agreement – Agreement for sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

Services – services provided by the Seller to the Customers electronically, within the meaning of the Act of 18 July 2002 on providing services electronically (Journal of Laws No. 144, item 1204, as amended);

Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);

Act on Providing Services by Electronic Means – Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204 as amended);

Order – a declaration of will of the Customer, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

computer or mobile device with access to the Internet,

access to e-mail,

Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,

inclusion of Cookies and Javascript in the web browser.

Using the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.

In particular, the Customer is obliged to:

not to provide or transmit content prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,

use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,

not to undertake such actions as: sending or placing within the Internet Shop unsolicited commercial information (spam),

use the Online Store in a manner that is not onerous for other Customers and the Seller,

to use any content posted within the Internet Store only for their own personal use,

use the Internet Store in a manner consistent with the laws in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of Internet use.

IV. Services

The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.

The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to delete the Account or uses the “Delete Account” button.

The Customer has the option of sending messages to the Seller via the contact form. The contract for the service of providing an interactive form that allows Customers to contact the Seller is concluded for a definite period of time and is terminated when the Seller replies.

The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, property copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated as soon as the opinion is added.

Statements should be edited in a clear and understandable manner, moreover, they can not violate applicable laws, including the rights of third parties – in particular, they can not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.

By posting a statement, the Client agrees to the free use of that statement and its publication by the Seller, as well as to the development of works within the meaning of the Law on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).

The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store’s website. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.

In the event of violation of the provisions of these Regulations by the Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.

V. Procedure for conclusion of a Sales Contract

Information about the Goods given on the web pages of the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.

All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced into the Polish market.

The condition for placing an Order is having an active e-mail account.

In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller’s acceptance of the Client’s offer and at the moment of its receipt by the Client a Contract of Sale is concluded.

Placing an Order on the Online Store by telephone or by sending an e-mail message takes place on the Business Days and hours indicated on the Online Store website. For this purpose, the Customer should:

specify in the content of the electronic message directed to the Seller the name of the Goods from among the Goods on the website of the Store and its quantity,

indicate the method of delivery and form of payment from among the methods of delivery and payment listed on the Store’s website,

provide the data needed to process the Order, in particular: name and surname, place of residence and e-mail address.

Information on the total value of the Order is given each time by the Seller verbally after completing the entire Order or by informing by e-mail with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment the Contract of Sale is concluded.

In the case of a Customer who is a Consumer, the Seller, each time an Order is placed via telephone or e-mail, sends the Customer a confirmation of the terms of the Order placed, which will include information regarding:

description of the subject of the Order,

unit and total price of the ordered products or services including taxes, including delivery costs and additional costs (if any),

the method of contact with the Seller and its registration data,
the selected method and date of payment,
the selected method of delivery,
delivery time,
Customer’s contact information,
Terms and Conditions,
that the conclusion of the Agreement entails the obligation to pay for the Order placed,
instruction on the right to withdraw from the Contract, along with its template.

The Contract is concluded when the Customer, who is a Consumer (in response to the confirmation of the Order terms sent by the Seller) sends an e-mail to the Seller’s e-mail address, in which the Customer: accepts the content of the sent Order and agrees to its execution, and accepts the content of the Regulations and confirms reading the instruction on withdrawal from the Contract.

Upon conclusion of the Contract of Sale, the Seller confirms the terms and conditions of the Contract to the Customer by sending them to the Customer’s e-mail address or in writing to the address provided by the Customer.

The Contract of Sale is concluded in the Polish language, with content consistent with the Terms and Conditions.

VI. Delivery

Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.

The Customer may choose the following forms of delivery of the ordered Goods:

through a courier company
personal collection at the Seller’s personal collection point

The Seller on the Store’s website in the description of the Goods informs the Client about the number of Working Days required for the execution of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.

The period for delivery and fulfillment of the Order is counted in Business Days in accordance with pt. VII subsection 2.

The Seller, in accordance with the Customer’s will, shall provide, together with the Goods, either a bill or a VAT invoice covering the delivered Goods.

VII. Prices and payment methods

The prices of the Goods are quoted in Polish Zloty or in Polish Zloty at the Client’s choice and include all components, including VAT, customs duties and other fees.

The Client may choose the following methods of payment:

by bank transfer to the Seller’s bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after the funds are received in the Seller’s bank account and the Order is completed);

cash on delivery – payment at the Seller’s personal collection point (in this case, the execution of the Order will be carried out immediately after the Seller sends the Customer a confirmation of acceptance of the Order, and the Goods will be issued at the Seller’s personal collection point);

cash on delivery, payment of the supplier at the time of delivery (in this case, realization of the Order and its shipment will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and completion of the Order);

electronic payment (in this case, the realization of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed);

The Seller on the Store’s website in the description of the Goods shall inform the Customer of the deadline within which he is required to make payment for the Order. In the case of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call to cease or remove violations with setting an appropriate deadline, may withdraw from the Contract of Sale on the basis of Article 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by making a statement to that effect within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.

The Customer may formulate the statement himself or use the model statement of withdrawal from the Agreement, which is attached as Appendix No. 1 to the Regulations.

The 14-day period is counted from the day on which the Goods were delivered or, in the case of a Contract for Services, from the day of its conclusion.

Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Seller will send a confirmation of receipt of the statement of withdrawal to the Consumer’s e-mail address.

The Consumer’s right to withdraw from the Contract is excluded in the case of:

Provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after the Seller’s performance he will lose the right to withdraw from the Agreement;

Agreement in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Agreement;

A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer’s specifications or serving to meet his individualized needs;

Agreement in which the object of performance is Goods subject to rapid deterioration or having a short shelf life;

A contract in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;

An agreement in which the subject of performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;

An Agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Agreement is granted to the Consumer with respect to additional services or Goods;

A contract in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for a subscription contract;

A contract concluded through a public auction;

A contract for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;

Agreement for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.

In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management, in particular to ascertain the nature, characteristics and functioning of the thing. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.

The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer itself.

The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

  1. Reklamacje dotyczące Towarów z tytułu rękojmi
  1. Sprzedawca zobowiązuje się dostarczyć Towar bez wad. 
  1. Sprzedawca odpowiada wobec Klienta będącego Konsumentem z tytułu rękojmi za wady na zasadach określonych w art. 556 – 576 Kodeksu Cywilnego. W stosunku do Klientów będących Przedsiębiorcami rękojmia zostaje wyłączona. 
  1. Reklamacje, wynikające z naruszenia praw Klienta gwarantowanych prawnie, lub na podstawie niniejszego Regulaminu, należy kierować na adres GRUPA DELUXE Adrian Wojciechowski z siedzibą Niepodległości 47, 64-100 Leszno, Polska, na adres poczty elektronicznej: wojciechowski@grupadeluxe.com , numer telefonu 608029427. Celem rozpatrzenia reklamacji Klient powinien przesłać lub dostarczyć reklamowany Towar, jeżeli jest to możliwe dołączając do niego dowód zakupu. Towar należy dostarczyć lub przesłać na adres wskazany w pkt. 2 powyżej. 
  1. Sprzedawca zobowiązuje się do rozpatrzenia każdej reklamacji w terminie do 14 dni. 
  1. W przypadku braków w reklamacji Sprzedawca wezwie Klienta do jej uzupełnienia w niezbędnym zakresie niezwłocznie, nie później jednak niż w terminie 7 dni, od daty otrzymania wezwania przez Klienta. Sprzedawca zwraca Klientowi koszty przesyłki. 
  1. Reklamacje w zakresie świadczenia usług drogą elektroniczną
  1. Klient może zgłaszać Sprzedawcy reklamacje w związku z funkcjonowaniem Sklepu i korzystaniem z Usług. Reklamacje można zgłaszać pisemnie na adres: GRUPA DELUXE Adrian Wojciechowski z siedzibą Niepodległości 47, 64-100 Leszno, Polska, na adres poczty elektronicznej: wojciechowski@grupadeluxe.com , numer telefonu 608029427. W reklamacji Klient powinien podać swoje imię i nazwisko, adres do korespondencji, rodzaj i opis zaistniałego problemu. 
  1. Sprzedawca zobowiązuje się do rozpatrzenia każdej reklamacji w terminie do 14 dni, a gdyby to nie było możliwe, do poinformowania w tym okresie Klienta, kiedy reklamacja zostanie rozpatrzona. W przypadku braków w reklamacji Sprzedawca wezwie Klienta do jej uzupełnienia w niezbędnym zakresie w terminie 7 dni, od daty otrzymania wezwania przez Klienta. 
  1. Gwarancje
  1. Towary mogą posiadać gwarancję producenta, Sprzedawcy lub importera. 
  1. W wypadku Towarów objętych gwarancją, informacja dotycząca istnienia i treści gwarancji oraz czasu na jaki została udzielona jest każdorazowo prezentowana w opisie Towaru na stronach internetowych Sklepu. 

XII. Pozasądowe sposoby rozstrzygania reklamacji i dochodzenia roszczeń 

  1. Klient będący Konsumentem posiada m.in. następujące możliwości skorzystania z pozasądowych sposobów rozpatrywania reklamacji i dochodzenia roszczeń: 
  1. jest uprawniony do zwrócenia się do stałego polubownego sądu konsumenckiego działającego przy Inspekcji Handlowej z wnioskiem o rozstrzygnięcie sporu wynikłego z zawartej Umowy sprzedaży; 
  1. jest uprawniony do zwrócenia się do wojewódzkiego inspektora Inspekcji Handlowej z wnioskiem o wszczęcie postępowania mediacyjnego w sprawie polubownego zakończenia sporu między Klientem a Sprzedawcą; 
  1. może uzyskać bezpłatną pomoc w sprawie rozstrzygnięcia sporu między Klientem a Sprzedawcą, korzystając także z bezpłatnej pomocy powiatowego (miejskiego) rzecznika konsumentów lub organizacji społecznej, do której zadań statutowych należy ochrona Konsumentów (m.in. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Porady udzielane są pod przez Federację Konsumentów pod bezpłatnym numerem infolinii konsumenckiej 800 007 707 oraz przez Stowarzyszenie Konsumentów Polskich pod adresem email porady@dlakonsumentow.pl; 
  1. złożyć swoją skargę za pośrednictwem unijnej platformy internetowej ODR, dostępnej pod adresem: http://ec.europa.eu/consumers/odr/. 

IX. Complaints regarding the Goods under warranty

The Seller undertakes to deliver the Goods without defects.

The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Articles 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.

Complaints arising from violation of the Customer’s rights guaranteed by law, or on the basis of these Regulations, should be addressed to GRUPA DELUXE Adrian Wojciechowski with its registered office at Niepodległości 47, 64-100 Leszno, Poland, to the e-mail address: wojciechowski@grupadeluxe.com , telephone number 608029427. In order to consider the complaint, the Customer should send or deliver the Goods under complaint, if possible attaching to it the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 2 above.

The Seller undertakes to consider each complaint within 14 days.

In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer. The Seller shall reimburse the Customer for shipping costs.

X. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address: GRUPA DELUXE Adrian Wojciechowski with its registered office at Niepodległości 47, 64-100 Leszno, Poland, to the e-mail address: wojciechowski@grupadeluxe.com , telephone number 608029427. In the complaint, the Customer should provide his/her name, mailing address, type and description of the problem that occurred.

The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XI. Guarantees

The Goods may have a warranty of the manufacturer, Seller or importer.

In the case of Goods covered by a guarantee, information on the existence and content of the guarantee, as well as the period for which it is granted, is each time presented in the description of the Goods on the website of the Store.

XII. Out-of-court methods of settling complaints and pursuing claims

A Customer who is a Consumer has, among other things, the following possibilities of using out-of-court ways to resolve complaints and pursue claims:

is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;

is entitled to apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;

may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;

file your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data

The Seller shall collect and process the personal data provided by the Customers in accordance with applicable laws and in accordance with the Privacy Policy, which is attached as Appendix 3 to the Terms and Conditions.

XIV. Final provisions

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of the same may be carried out only in the manner specified and in accordance with the Terms and Conditions.

Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

Settlement of any disputes arising between the Seller and a Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the registered office of the Seller.

The provisions contained in these Terms and Conditions concerning the Consumer, on the subject of withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims do not apply.

In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Rendering Electronic Services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.

Each Customer will be informed of any changes to these Regulations through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes along with their summary to the e-mail address indicated by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Seller of the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.