Terms and conditions of the online shop www.divino.pl valid from 1.05.2020.
§1 Identification of the Seller
Storecat Grzegorz Sługocki. based in:
ul. Rynek 40, 48-300 Nysa, Poland
NIP. 753 243 99 06, REGON 364122505 tel .: +48 720720283
§2 General provisions
1. Shop online [hereinafter Shop] sells retail and wholesale via the Internet on the basis of these Rules [hereinafter Regulations].
2. Consumer [hereinafter Customer] is a natural person who makes a legal transaction with the Shop not related directly to his or her business or profession. (Civil Code Art. 22)
3. The Terms and Conditions are an integral part of the contract of sale with the Customer.
4. Prices shown in the Store are gross prices (including VAT).
5. Goods available in the Shop are free from physical and legal defects.
1. The orders can be made as follows:
- via the form available on the Shop website (customer's shopping cart),
- by e-mail to the address available on the Shop website,
2. The condition of the contract is to provide the customer data to verify the Customer and the recipient of the goods. Shop confirms acceptance of the order by sending a message to the specified when ordering e-mail, describing the object of the contract. The shop has the right to refuse to accept an order, to limit the payment method or to request a prepayment where the order raises reasonable justification for the truthfulness and accuracy of the given data or method of payment.
3. For the parties binding are informations included on the Shop's website at the time of placing the order, in particular: price, characteristics of the product, its features, components, terms and delivery.
4. The information on the Store's website does not constitute an offer within the meaning of the Civil Code. When placing an order, the customer submits a purchase offer for a specific item.
5. The customer placing an order submits an offer to conclude an agreement to sell the ordered products.
6. After placing an order for the indicated e-mail address, a message is sent informing about the next steps of the order:
After verification of the order placed, the Shop sends to the email address provided by the Customer the information about acceptance of the order for execution. Information about the acceptance of the order for execution is a statement of the Seller about the acceptance of the offer, referred to in §3 par. 5 above and when it is received by the Customer is concluded Sales Agreement.
7. Upon conclusion of the Sale Agreement, the Shop will confirm the terms and conditions of the Customer by sending them to the Customer's e-mail address or in writing to the address indicated by the Customer / at the time of placing the order.
8. In the case of choosing a form of payment by bank transfer, the date of execution of the order will be calculated from the moment when the funds for the Client's order will be posted in the bank account of the Shop.
9. The shop is responsible to the Customer on the basis of the statute of limitations regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months. The exact description of the complaint procedure is contained in §6 of these Regulations.
1. The customer has the choice of payment:
- payment by bank transfer (prepayment)
2. Shipping prices are set individually for each order
3. The condition for the release of the goods is the payment for goods and the shipment.
§5 Shipping of goods
1. Delivery terms are set individually for each order.
1. In case of non-conformity of the goods with the contract, the Customer should inform the Shop.
2. The shop will respond to the customer's complaint within 14 days of the return of the goods together with a description of the non-compliance.
3. When a reasoned claim involves the delivery of a new item to the Customer or removal of nonconformity, the delivery costs will be borne by the Shop.
4. In the event of a complaint, the Shop returns to the customer the cost of shipping the goods. In the event that the Customer chooses to deliver the item other than the cheapest one offered by the Shop, the Shop will not reimburse the Client for any additional costs incurred. The store will only return the cost of the cheapest item to the customer.
5. Each customer may use out-of-court complaint and redress procedures. In this regard, it is possible for the Customer to use the mediation. Lists of permanent mediators and existing mediation centers are forwarded and made available by the Presidents of the appropriate District Courts. For more information on resolving consumer disputes, please visit http://www.uokik.gov.pl/spory_konsumenckie.php
6. The store is liable to the Client under the law of the Code of Civil Procedure of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months.
§7 Right of withdrawal
1. Under the Consumer Rights Act of 30 May 2014r. The customer has the right to withdraw from the contract without giving any reason.
2. The right of withdrawal is effective if the Customer sends a declaration of withdrawal within 14 days of the delivery of the goods. It is enough to make a statement before the expiry of the deadline. This statement may be submitted on a form, the model of which is annexed to the Consumer Rights Act of 30 May 2014.
3. The customer returns the goods to the Store within 14 days of submitting the withdrawal statement at his own expense.
4. Within 3 working days of receipt of the shipment, the Shop will check the status of the transferred product.
5. The store returns funds using the same method of payment as the Customer used. In the case of payment by credit card, the refund is made on the card.
6. If the Customer chooses to deliver the item other than the lowest price offered by the Shop, the Shop will not reimburse the Customer for any additional costs incurred. The store will only return the cost of the cheapest item to the customer.
7. The customer will cover all direct return costs (eg packing, shipment security, shipping).
8. The right of withdrawal is not available to the Customer in the following cases:
- in which the subject of the offer is an unstructured item, manufactured according to the Client's specifications or satisfying his individual needs (eg leaflets, business cards, photocopies);
- where the item is delivered in a sealed package which can not be returned for health or hygiene reasons after opening the package, if the packaging has been opened after delivery;
- provision of services if the Shop has performed the full service with the express consent of the Customer, who was informed prior to the commencement of the service that, upon fulfillment of the provision by the Shop, he will lose the right to withdraw from the contract;
- where the price or remuneration depends on fluctuations in the financial market over which the Shop does not exercise control and which may occur before the expiration of the withdrawal period;
- in which the subject matter of the offer is a thing that is quickly spoiled or has a short shelf life;
- the subject matter of which is the supply of goods which, by their nature, are inseparably linked to other things;
- in which the Customer expressly requested the Shop to come to it for immediate repair or maintenance (if the Shop provides additional services other than those requested by the Customer, or supplies other than spare parts necessary for repair or maintenance, Customer is entitled to additional services or items from the contract;
- entered into by public auction;
9. The right to withdraw from the contract without giving a reason is not available to the Entrepreneur.
§8 Intellectual Property
1. It is forbidden to use any materials published on the Shop's website (including photos and descriptions of merchandise) without the written consent of the Shop.
§ 9 Entry into force and amendments to the Regulations
1. The Regulations come into force on the day of publication on the Shop's website.
2. These Regulations may be amended.
3. Changes to the Terms and Conditions will be published on the Shop page.
4. Information about changes in the Regulations will be sent to the Customer at the e-mail address indicated in the order.
5. Amendments to the Regulations come into force 14 days after their publication in the manner specified in sec. 3.
6. The shop recognizes that the Client has accepted the amendment of the regulations, if he has not terminated the contract until the end of the period indicated in paragraph. 5.
7. In matters not covered by the provisions of these Regulations, Polish law, in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights, shall be applicable.