Terms and conditions
§1. Definition of the Vendor
The owner of the Store is:
DIGNIS DESIGN Magdalena Ptasińska-Olech
With the company’s address: ul. Strażacka 18J/25, 35-312 Rzeszów
Tax Identification Number (NIP): 8133600720
Phone number: +48 533 224 809
E-mail: kontakt@dignisdesign.com.pl
§2. General provisions
1. The Online Store [dalej Sklep] sells via the Internet on the basis of these Regulations [dalej Regulamin].
2. The Customer [dalej Klient] may be:
– an adult natural person residing in Poland or in the European Union,
– a natural person of full age pursuing an economic activity established in Poland or in the European Union,
– a legal person or an organizational unit without legal personality, to which the law grants legal capacity, based in Poland or in the European Union, which is authorized to make decisions, and incur obligations on behalf of the entity,
– a minor acting with the consent of a parent or guardian.
3. The Regulations are an integral part of the sales contract concluded with the customer.
4. The goods available in the Store are new and free from physical and legal defects. Exceptions are goods with clearly marked defects and traces of use. Liability for defects is governed by the applicable laws, in particular Article 12 (1) no. 13 of the Consumer Rights Act (Journal of Laws of 2014, item 827 with subsequent amendments), Articles 556 and 5561-5563 of the Civil Code (Journal of Laws of 1964 No. 16, item 93 with subsequent amendments).
§3. Orders
1. Orders can be placed via interactive forms available on the Store’s website (customer’s basket).
2. Prerequisite for the execution of the order is the indication of data that allow the verification of the customer and the recipient of the goods. The store confirms acceptance of the order by sending, to the e-mail address provided during ordering, a message describing the subject of the order. In the case of incomplete, incorrect, contradictory information provided by the customer when placing an order, the Store will contact the customer to correct the errors. By placing an order, the customer makes an offer to conclude a contract of sale of the ordered products.
3. The parties shall be bound by the information that is visible on the Store’s website for the purchased goods at the time of the order. This applies in particular to: the price, the characteristics of the goods, their features, the components of the set.
4. Once the order is placed, it is verified. The store then sends to the e-mail address provided by the customer, information about the acceptance of the order for processing and the next steps. The information on acceptance of the order for execution is the Seller’s statement of acceptance of the offer referred to in §3 item 2, and upon its receipt by the Customer, the Contract of Sale is concluded. After the conclusion of the purchase contract, the Store confirms its terms to the Customer by sending them to the e-mail address.
5. The information on the Store’s website does not constitute an offer within the meaning of the Civil Code.
§4. Payment
1. The Customer shall make the payment for the placed order by bank transfer or via the online service Przelewy24.
2. Shipping prices are specified in the order summary and mentioned in §5 pkt 2. 2.
3. The condition for the release of goods is payment for the goods and shipment.
§5. Shipment of goods
1. The ordered goods are sent by the Store via shipping companies in Poland (by courier or parcel locker to the specified address or to the parcel locker).
2. The Store sends the ordered goods up to 7 working days from the date of crediting the payment (in the event of the absence of goods or materials necessary for their production, the lead time is extended to 14 working days).
§6. Warranty claim
1. In the case of non-conformity of goods with the contract, the Customer should send back to the Store the advertised goods with a description of the non-conformity.
2. The store will respond to the customer’s complaint within 14 days of returning the goods with a description of the non-conformity.
3. Information should be sent to the following e-mail address: kontakt@dignisdesign.com.pl
4. The Store shall be liable to the Customer for a period of 24 months on the basis of the right of warranty, governed by the Civil Code of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
5. Upon the occurrence of the defect, the customer may demand from the shop (within the scope of the warranty law):
– replacement of goods with new ones;
– price reduction;
– withdrawal from the contract – if the defect is significant.
The Store will respond to the customer’s requests within 14 days of receiving the request. The Store will consider the Customer’s requests, taking into account the following circumstances:
– quick and easy replacement or repair of the goods;
– the nature of the defect – substantial or insignificant;
– whether the goods have been advertised beforehand.
6. The store may refuse the customer’s request for replacement or repair of the goods, provided that the replacement or repair of the goods is impossible to implement, or in comparison with the second of the possible requests, would require excessive costs. The Store will offer an alternative solution in such a case.
7. When the realization of a legitimate complaint involves sending the customer a new product or removing the non-conformity, the delivery costs shall be borne by the Store. Otherwise, the Customer shall bear the costs of the shipments.
8. Any customer who is a consumer may use out-of-court means of handling complaints and claims. Wanting to take advantage of the possibility of amicable resolution of online shopping disputes, the customer can file his complaint, for example, through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr.
The course of proceedings on out-of-court resolution of consumer disputes is defined by the current legislation (in particular, in the Law of September 23, 2016 on out-of-court resolution of consumer disputes).
9. Any complaints regarding the use of Services provided by the Store should be sent to the addresses specified in paragraph 1 of these Regulations.
10. According to Art. 558 of the Civil Code, the Store’s liability under the warranty is excluded in the case of contracts concluded with Customers who are not consumers.
§7 Warranty conditions
1. The warranty period begins on the date of purchase of the product and is 2 years.
2. The warranty is valid on the territory of Poland.
3. The warranty covers production and material defects of the product.
4. The warranty does not cover any claims other than those mentioned in Section 3 – and in particular: product defects caused by improper use or use not in accordance with the intended use, improper maintenance, modification of the product, destructive dirt, mechanical damage; wear and tear of materials as a result of normal use, caused by fortuitous events (fire, moisture, crushing, tearing, cutting, biting, etc.).
5. The warranty is only valid with the proof of purchase/confirmation of the product, which includes a legible date of purchase and an identification of the seller.
6. The warranty does not exclude, limit or suspend the rights of the buyer under the non-conformity of the goods with the contract and the Law on Consumer Rights.
7. The warranty does not cover claims for compensation for loses or lost profit due to a defect, even covered by the warranty.
8. The store assumes no responsibility for the suitability of the product for specific purposes and for the consequences of their selection and use.
9. The warranty is terminated in the event of an earlier defect mentioned in point 4 and/or repairs made on your own.
10. The responsibility and costs of shipping to the Dignis Design’s headquarter shall be borne by the Store, unless the complaint does not relate to production and material defects of the product.
11. After verification of the defect at the premises of Dignis Design, the product will be repaired or replaced with a new one; if the same product is unavailable, it will be replaced with a similar one or the Customer will be refunded.
§8. Right of withdrawal
1. Pursuant to the Law on Consumer Rights of May 30, 2014, the customer who is a consumer has the right to withdraw from the contract without giving any reason.
2. Withdrawal from the contract is effective if the customer submits within 14 days from the date of delivery of the goods, a statement of withdrawal from the contract. To meet the deadline it is sufficient to submit a statement before its expiration. The form of the statement can be any, such as.:
– the declaration may be submitted by e-mail to the address indicated in paragraph 1 of these Regulations,
– by letter to the address referred to in paragraph 1 of these Regulations.
3. The Customer returns the goods to the Store within 14 days of delivery of the declaration of withdrawal from the contract at his/her expense.
4. The store shall return the funds within 14 days of receipt of the statement. The Store may withhold the reimbursement of payments received from the Customer until receipt of the item back or until the Customer provides evidence of its return, depending on which event occurs first.
5. The Store shall return the funds using the same method of payment used by the Customer. In the case of payment by credit card, the refund is made to the card account.
6. The Customer shall pay all direct costs of returning the item (e.g., packaging, security, postage).
7. The right of withdrawal does not apply to the customer in cases of contracts:
– in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
– in which the object of performance is an item that is perishable or has a short shelf life;
– in which the subject of performance is a non-prefabricated item, produced according to the Customer’s specifications (e.g. for the purchase of goods with the properties specified by the Customer in the order placed by him) or serving to meet his individualized needs;
– on the provision of services, if the Store has performed the service in full with the express consent of the Customer, who was informed before the performance, that after the performance by the Store will lose the right to withdraw from the contract;
– delivery of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Customer before the expiration of the deadline for withdrawal from the contract and after the Store has informed him of the loss of the right to withdraw from the contract;
– in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things.
8. Pursuant to Art. 31 of the Law on Consumer Rights of May 30, 2014 in the event of withdrawal from a distance or off-premises contract, the contract shall be deemed not concluded.
9. The right to withdraw from the contract without giving any reason shall not be granted to a customer who is not a consumer.
10. The Customer shall be liable for any diminution in the value of the thing, resulting from the use of the thing beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
§9. Services provided electronically
1. The Store provides the following services electronically:
– contact through the form;
– maintaining a Customer Account.
2. The services specified in item 1 are provided 7 days a week, 24 hours a day.
3. Service:
– contact through the form – consists in sending messages by the Customer through interactive forms contained on the Store’s websites. The contract is concluded when the Customer uses the contact form;
– maintaining a Customer Account – involves providing an individual panel with the ability to view order history, edit data. The conclusion of a contract is reached by filling out the appropriate interactive forms on the Store’s websites.
4. Resignation from services provided electronically is possible at any time without incurring any additional costs:
– contact service through the form – by completing the use of interactive forms available on the Store’s websites;
– maintaining a Customer Account – by sending an e-mail to the address specified in paragraph 1. The message should contain data to verify the subscriber to the service.
5. The Store, in case of detecting an action to the detriment of the Store, breaking the law, violation of the provisions of the Rules at any time may limit, block or remove the Customer’s access to the services referred to in paragraph 1. The store informs the customer about the blocking or restriction of access to services via an e-mail sent to the address provided in the form.
6. Services are provided indefinitely, but the Store may limit access to them, block or modify informing the Customer about it in the manner specified in paragraph 11 point 4.
7. Both the Customer and the Store may terminate the contract for the services specified in paragraph 1 at any time by sending an e-mail with a statement of intent.
§10. Privacy protection
1. The Store processes Customers’ personal data in accordance with applicable laws in the manner specified in the Privacy Policy.
§11. Technical measures
1. In order to use the Online Store, including browsing the assortment and placing orders for products, it is necessary:
a) a terminal device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
b) an active electronic e-mail account;
c) JavaScript enabled;
d) acceptance of the use of cookies (required to place an order).
§12. Entry into force and amendments to the Terms and Conditions
1. The Regulations shall come into force as of the date of publication on the Store’s website.
2. These Regulations may be amended.
3. Changes to the Terms and Conditions will be published on the Store’s website.
4. Information about changes to the Terms and Conditions will be sent to the Customer at the e-mail address indicated in the account settings.
5. Amendments to the Regulations shall become effective 14 days after their publication in the manner specified in Section 3.
6. The Store recognizes that a customer with an account on the Store’s websites has accepted the changes to the regulations, if he has not terminated the contract by the end of the period indicated in paragraph 5.
7. In matters not regulated by the provisions of these Regulations, Polish law shall apply.
