Online store regulations

REGULATION OF THE WEBSITE

DAS COMPANY

These Terms and Conditions lay down general rules for the conclusion and execution of distance sales agreements between the Clients and the Seller via the Online Shop www.dascompany.com (hereinafter: ,Shop” or ,,Online shop) and the provision of Electronic Services in this Store.

GENERAL PROVISIONS

  1. CONTACT WITH THE SALEER

    Contact with the Seller is possible through:

      1. traditional mail at: Das Company Sp. z o.o., ul. Przemysłowa 10, 32-540 Trzebinia;

      2. e-mail at: biuro@dascompany.com;

      3. telephone number: +48 32 50 65 880;

      4. the contact form available on the Store's website;

      5. chat available on the website of the Shop.

  2. DEFINITIONS

    1. The terms in the Rules of Procedure shall mean:

      1. Working days– Monday to Friday days excluding public holidays;

      2. Client– a natural person who is fully capable of legal activities; a legal person or an organisational unit which is not a legal person, whose special provisions confer legal capacity, which includes a Sales Agreement within the Store or uses the Services provided therein, including the content presented therein.

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

      4. User Account– Service provided to the Client by electronic means, consisting in assigning to the Client a separate space within the Online Store, through which the Customer can carry out specific activities within the Store, including submitting Orders and following their status in accordance with the Terms and Conditions;

      5. Consumer– A consumer within the meaning of Article 22[1] of the Civil Code or an entrepreneur exercising the rights of the consumer. Unless expressly stated otherwise, the provisions of the Rules of Procedure relating to the Consumer also cover the Entrepreneur exercising the rights of the consumer (as defined below);

      6. Product Wizard – The service provided to the Customer by electronic means, consisting in making available to the Customer a tool by which the Customer independently creates Goods of interesting dimensions, materials and other elements presented in the creator's content to create the final Goods, which may be the subject of the Order,

      7. Newsletter– the service provided by the Seller by electronic means, in accordance with the rules of procedure;

      8. Privacy policy– available in the Online Store a separate document specifying the rules for processing personal data by the Vendor as well as the use of cookies;

      9. Entrepreneur exercising the rights of the consumer - a natural person who is a Client who includes a Sales Agreement directly related to his business activity, where it is apparent from the content of that Sales Agreement that he is not of a professional nature to that person, resulting in particular from the subject of his business activity, made available on the basis of the Central Register and Information on Economic Activity, which enjoys the rights of consumers under the Civil Code and the Consumer Rights Act;

      10. Entrepreneur- I'm sorry. Business client within the meaning of Article 43[1] the Civil Code, carrying out economic or professional activities on its own behalf and carrying out legal activities directly related to its economic or professional activities, excluding the Entrepreneur exercising the rights of the consumer;

      11. Regulations– this Regulation;

      12. Regulation- I'm sorry. Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on the promotion of justice and transparency for business users using online intermediation services,

      13. Seller – Das Company Limited liability company based in Trzebini, ul. Przemysłowa 10, 32-540 Trzebinia, registered in the National Court Register by the District Court for Krakow-Śródmieście in Krakow XI Economic Division of the National Court Register under number: 0000451571, NIP: 6772373649, REGON: 122795114, share capital: 4.295.0000,00 PLN;

      14. Pages – Client and Seller together;

      15. Goods– means the goods presented by the Seller on the Store website together with a description, as well as a product with digital elements within the meaning of the Consumer Rights Act;

      16. Permanent Carrier - means the material or tool allowing the Customer or the Seller to store information personally directed to him, in such a way as to allow access to the information in the future for a time sufficient for the purposes of that information and which allows the reproduction of the stored information in an unchanged form;

      17. Sales agreement/Agreement– a distance sale agreement concluded between the Seller and the Client;

      18. Services– services provided by the Seller to the Clients by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No 144, item 1204 as amended);

      19. Consumer Rights Act– Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, No 827 as amended);

      20. Copyright and Related Rights Act- Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83, as amended);

      21. Electronic Services Act– Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);

      22. Guarantee conditions – available in the Online Store a separate document specifying the terms of the guarantee for the Goods granted to the Clients by the Seller,

      23. Conditions of Use – available in the Online Store a separate document specifying the rules and instructions for using the Goods,

      24. Order– a statement of the Customer's will, aimed directly at concluding the Sales Agreement, specifying its main elements.

    2. The seller may also introduce definitions of other concepts directly in the content of the Rules of Procedure.

  1. TECHNICAL REQUIREMENTS, RULES FOR USE, SECURITY

    1. The use of the Online Store is possible provided the Customer meets the following minimum technical requirements:

      1. possession of a terminal device (computer or mobile device) with Internet access;

      2. access to active e-mail;

      3. access to the web browser in the latest version (unless otherwise indicated on the Store pages);

      4. inclusion of Cookies and Javascript in your web browser;

      5. having a PDF file-reader.

    2. In addition, in order to use certain Services, or the functionality of the Store or to use them in a full manner, it may be necessary to properly configure the device and to consent to access the localization services in the web browser and/or the device used by the Customer and to provide the browser with access to these services, as indicated in the Store.

    3. The use of Electronic Services available in the Online Store may pose a threat to every Internet user, consisting in the possibility of introducing harmful software into the Client's IT system or of obtaining and modifying its data by unauthorised persons. Each Client should use appropriate technical measures to minimise these risks, such as antivirus programs or firewalls, to avoid these risks and risks.

    4. The seller uses ,cookies” files in the Shop, which are used in particular to ensure the correct functioning of the Store's websites or to provide Services. The terms of use of the ,cookies” together with the purpose of their use are set out in the Privacy Policy.

    5. The customer using the Online Store is obliged in particular to:

      1. the use of the Online Store in accordance with the provisions of the laws in force in the Republic of Poland, the provisions of the Rules of Procedure, as well as the general principles of the use of the Internet, principles of good manners and in a manner that does not endanger the personal welfare of the Seller, any third party or other rights and the legitimate interest of the Seller;

      2. use of any content contained within the Store in accordance with the provisions of common law, including only for personal use;

      3. non-supply and non-transfer of content prohibited by law, such as content promoting violence, defaming or violating personal property and other rights of third parties;

      4. use of the Store in a way that does not disturb its operation, in particular by using specific software or devices.

    6. It is prohibited to copy, reproduce, modify, multiply or distribute any part of the Online Store, Services or their components, including in particular photographs, video materials, descriptions or other content without the prior written consent of the Seller, except in cases expressly permitted by the laws and regulations in force. The seller may take steps, including through legal proceedings, to protect his or her interests and third party, including users of the Store's and Client's websites.

SALE

  1. CONTENT OF THE CONTRACT; CONDITIONS FOR USE OF GOODS

    1. W The store presents information about the finished Goods, which consists, among others, of their descriptions, technical and usability parameters, as well as information about the materials, constructions and performance of components, from which the final Goods are formed with the parameters indicated by the Customer, together with the prices of these Goods. The information referred to in the preceding sentence and other content available in the Online Store, unless expressly indicated otherwise, shall not constitute an offer within the meaning of Article 66 of the Civil Code, but merely an invitation to conclude a Sales Agreement, within the meaning of Article 71 of the Civil Code.

    2. The goods available in the Online Store are brand new, free from physical and legal defects. Exceptionally, the Seller may also present in the Online Store Goods other than the requirements of compliance with the contract referred to in Article 43b(2) or (3) of the Act. For goods referred to in the preceding sentence, The seller in their description informs the Client of their condition – these goods can be purchased at a reduced price. A customer who is a Consumer when placing an Order for Goods which deviates from the requirements of compliance with the contract referred to in this paragraph shall expressly and separately accept the lack of a specific characteristic of the Goods.

    3. All Goods were legally marketed in Poland.

    4. The condition for placing an Order in the Online Store is that the Client has an active email account (e-mail).

    5. The Customer may order:

      1. directly at the Online Store, using its infrastructure (the Order Form);

      2. by email;

      3. personally, at the Vendor's headquarters.

    6. In order to submit the Order using the Order form – the Customer follows the messages displayed in the Shop, finaling the Order with a confirmation button with a payment obligation or other equivalent.

    7. The order placed by the Client at the Online Store – using the Order form, is submitted to the Seller by the Client in electronic form. The contract shall constitute an offer to conclude the Agreement for the Sale of Goods indicated in the Order.

    8. The Client's offer in electronic form binds the Client if the e-mail address provided by the Client The Seller will send a confirmation of acceptance for the execution of the Order, which is the Seller's statement of acceptance of the Client's offer. At the time of its receipt by the Client, the Sales Agreement is concluded.

    9. After submitting the Order to the indicated e-mail address, a message is sent with information about subsequent stages of execution of the Order.

    10. After conclusion of the Sales Agreement, the Seller confirms to the Consumer Client and the Entrepreneur exercising the rights of the consumer of its terms and conditions, sending them on a durable medium to the Client's e-mail address or in writing to the address provided by the Customer – according to his choice.

    11. The seller also allows the possibility to submit Orders in the Online Store using e-mail (e-mail). Subject to separate provisions below, the other provisions of these Rules shall apply to the Contracts referred to in the preceding sentence.

    12. Ordering in the Online Store by e-mail is possible on the dates indicated on the Online Store website.

    13. In order to submit the Order by e-mail, the Customer shall contact the Seller at the e-mail address indicated in point I(b). Rules of Procedure and should indicate:

      1. their data required by the Vendor to carry out the Order, and in particular: name / company name, form/delivery address, e-mail address and telephone number;

      2. the name of the Goods or Components and Parameters of the Goods from the Store website;

      3. the number of Goods;

      4. the chosen form of delivery – from among the available in the Store;

      5. selected form of payment – among the available in the Store.

    14. Information on the total value of the Order referred to in paragraph above shall be provided by the Seller after completion of the entire Order by e-mail. The seller also informs that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods. The Sales Agreement is hereby concluded.

    15. In the case of the Consumer Client and the Entrepreneur Client exercising the rights of the consumer, The Seller sends the Customer confirmation of the terms of the Order every time the Order is submitted via e-mail.

    16. In order to conclude the Sales Agreement, the Customer referred to in paragraph above (in response to confirmation of the terms of the Order sent by the Seller) should send an e-mail to the e-mail address of the Seller in which:

      1. accept and agree to the content of the Contract sent, and

      2. approves the content of the Rules of Procedure and confirms the instruction to withdraw from the Sales Agreement.

    17. The sales agreement is concluded in Polish or English, with a content in accordance with the Terms and Conditions.

    18. In the case of Business Clients, The seller may specify separate rules for the submission and execution of the Orders.

    19. The goods offered by the Seller are subject to the rules and instructions for use contained in a separate document Terms of Use, published on the Store's websites.

  2. PRICES AND METHODS OF PAYMENT

    1. Prices of Goods in the Shop are given in Polish zlotys.

    2. The prices presented in the Shop include all ingredients, including VAT, customs and other charges.

    3. In relation to Business Clients, The seller may use net prices. In this case, to the net price, the entrepreneur must always add the VAT at the applicable rate.

    4. Prices of Goods presented in the Store do not include the delivery costs of the Goods charged to the Customer in accordance with these Terms and Conditions.

    5. The customer may choose the following payment methods:

      1. electronic payment using the infrastructure of external payment operators (according to the Store). If this form of payment is chosen, the execution of the Order will be initiated after the Customer has received confirmation of acceptance of the Order and the Vendor receives information from the clearing agent's system about payment by the Customer. Whereas the shipment of Goods to the Customer is made after completion of the Order;

      2. Bank transfer to the seller's bank account. If this form of payment is chosen, the execution of the Order will be initiated after confirmation of acceptance of the Order has been sent to the Customer and after the funds have been paid to the Bank Account of the Vendor. However, the shipment of Goods to the Customer is made after completion of the Order. In the case of this form of payment, the Seller may forward to the Customer even before making the payment the relevant settlement document, including the proform or imprest invoice, as specified in the Store;

      3. cash for collection (payment to the supplier on delivery). If this form of payment is chosen, the execution of the Order and its dispatch will be initiated after the Seller has sent the Customer confirmation of acceptance of the Order and its completion;

      4. cash payment or card payment at personal reception (payment at the point of personal reception of the Seller). If this form of payment is chosen, the execution of the Order will be carried out after the Customer has received confirmation of acceptance of the Order, and the Goods will be released at the point of personal reception Vendors within the time limit set by the Parties;

    6. The methods of payment available to the Customer may depend on the method of delivery of the Goods chosen by the Customer, which the Seller will inform in the Store.

    7. The seller provides the Customer with proof of purchase, including the Ordered Goods in paper form together with the delivery of the Goods or in electronic form, to the e-mail address provided by the Customer during the submission of the Order. In the case of Clients holding an Account in the Online Store, the Seller may also place proof of purchase within the Customer Account. The customer agrees to be given proof of purchase in electronic form.

    8. The seller on the Store's website informs the Customer about the date of payment for the Order.

    9. In the event of no payment by the Client within the time limit, The seller may call on the Client to pay by setting an additional time limit for such payment and informs the Client on a durable medium. Information on the additional deadline for payment shall also include the information that, after that date, the Seller will withdraw from the Sales Agreement. In the event of an unsuccessful expiry of the second payment deadline, The seller will send the Client on a durable medium a statement of withdrawal from the contract pursuant to Article 491 of the Civil Code. Derogation from the Agreement shall be tantamount to cancellation and non-fulfillment of the Contract.

    10. In view of the prices of the Goods listed in the Store, which are declared by the Seller as reduced, The seller shall indicate the earlier lowest price of the Goods used in the last 30 days before the application of the price reduction of the Goods.

  1. SUPPLY OF THE CONTRACT

    1. The supply of Goods is not limited territorially. Depending on the place of delivery, different forms and delivery costs can be available – according to the information in the Online Store.

    2. Delivery is carried out in the form chosen by the Customer and at the address indicated by the Customer during the submission of the Order.

    3. The seller gives the Customer the opportunity to choose the following forms of delivery:

      1. courier delivery;

      2. personal reception from the point of reception of the Vendor (designated by the Vendor) – after prior fixing of its deadline, place and rules with the Vendor. In the case of this delivery form, the Customer is asked to contact the Vendor before placing the Order.

    4. Information about the number of working days needed to fulfill the Order and its delivery, as well as the amount of the charges for delivery of the Goods is presented to the Shop.

    5. Unless otherwise indicated in the Shop, delivery and delivery dates Contracts shall be counted on Working Days in accordance with the rules set out in these Terms and Conditions.

    6. If a different period of implementation is provided for the goods covered by the Order, the longest of the prescribed period shall apply for the entire Contract.

    7. The seller may (including occasionally or temporarily) introduce separate rules or forms of supply, including, for example, the value of the Order from which the selected or all forms of supply can be free of charge to the Client and their rules. Such information is presented on the websites of the Online Store.

SERVICES

  1. SERVICES — GENERAL PROVISIONS, SERVICES AVAILABLE

    1. The seller allows the Client to use free Services through the Online Store, which are provided by the Seller around the clock, 7 days a week.

    2. The main Service and functionality in the Online Store is to provide the possibility to submit an Order using the interactive order form available in the Shop. The service consisting in providing an interactive order form available in the Shop is provided for a limited period of time – until the Customer sends the Order using this form (using the form).

    3. The Customer of the Store has the ability to browse and search the content available on the Store's pages. Such content shall not constitute an offer within the meaning of the provisions of the Civil Code, unless expressly indicated otherwise.

    4. The service of browsing and searching content is provided to the Client for a limited period of time – until the Client closes the Shop website.

    5. The customer has the opportunity to establish and maintain an Account in the Online Store.

    6. The account contains the data provided by the Client. It may also contain other information, such as customer purchase history or order status.

    7. Account keeping service at the Online Store is available after registration. Registration takes place by filling in and accepting an account creation form, made available in the Online Store.

    8. An account-handling service contract shall be concluded for an indefinite period and shall be terminated when the Client sends a request to delete the Account.

    9. The Customer has the possibility to create the final goods of interest using the Product Creator, by selecting the options of dimension, material and other elements presented in the Product Creator's content.

    10. The Product Creator is a tool made available to the Customer so that it can create the final Goods, which has a certain price and can be the subject of the Order.

    11. The Service of making the Product Creator available to the Customer is available to Customers who will open the Product Creator using the Internet address available in a specific part of the Store.

    12. Contract for the provision of the Service consisting in making the Product Creator available is concluded on time and is terminated when the Customer closes the Shop website with the Product Creator.

    13. The seller also allows customers to register or log in to the Online Store using an account of such a Client using external social networking sites such as Facebook, Google. A customer who records or logs into an Account at the Online Store using an account on an external portal makes certain data from an account on this external portal available in the Online Store.

    14. The Client is obliged to enter in the Online Store, including in the registration form Accounts only current, factual, non-misleading data and to immediately inform about any changes concerning the transmitted Data vendors or make their own changes to this data using functionality available in the Account.

    15. In order to complete the Account creation process correctly, the Customer may also be asked to activate the Account, including by email or SMS, according to the information displayed in the Store.

    16. The same Client may not have more than one Account assigned to one e-mail address.

    17. The Customer may receive information of a commercial and similar nature from the Seller in the form of messages sent to the e-mail address or telephone number provided by the Customer – in the form of SMS messages – according to the Customer's choice (Service Newsletter). If you choose the SMS Newsletter option, messages are sent via telecommunication devices that support the reception of SMS messages to the telephone number provided by the Client.

    18. The customer may at any time revoke the consent to send commercial information.

    19. Subscription to the Newsletter is voluntary.

    20. Please enter the correct e-mail address or telephone number or activate the appropriate field in the Online Store for the purpose of writing to the Newsletter.

    21. The Newsletter Service Agreement is concluded for an indefinite period and is terminated when the Customer sends a request to remove his email address or telephone number from the subscription Newsletter or unsubscribe via the link contained in the text of the newsletter.

    22. Content sent under the Newsletter does not constitute an offer within the meaning of Article 66 of the Civil Code.

    23. The customer has the possibility to send messages to the Seller via the contact form available on the Online Store. Contract for the provision of a Service consisting in making available an interactive form enabling Clients are contacted by the Seller on time and are terminated when the Customer sends a message using the form. The contact form shall not constitute an online communication within the meaning of Article 12(1)(3)a of the Consumer Rights Act.

    24. The customer can also contact the Seller using an interactive chat available at the Online Store. The chat service is provided to the Client for a limited period of time – until the conversation is completed using this tool or the Client closes the Online Store website.

    25. The customer has the possibility to post in the Online Store from the level of his individual Account and subjective statements (opinions) relating to the Goods, the course of the transaction, or the handling of the Order. By adding statements, the customer declares that he has all rights to these content, in particular copyrights.

    26. Contract for the provision of the Service consisting of the Customer submitting an opinion in the Online Store is concluded on time - the time of adding and presenting the opinion. Statements should be made in a transparent and understandable manner. The content of the statement must be without prejudice to existing legal provisions, including the rights of third parties – in particular, it must not be defamatory, distort personal property or constitute an act of unfair competition.

    27. Listed statements are distributed on the Internet Store website. By submitting statements, the Customer agrees to use this statement free of charge and to publish it by the Vendor (license), including in particular its preservation in computer memory, public execution, reproduction and dissemination in such a way that everyone has access to it, including in particular via the Internet network, and the making of works within the meaning of the Copyright and Related Rights Act.

    28. The licence referred to in the preceding subparagraph entitles the Seller to sub-license and is not territorially limited.

    29. The records of this sub-section are suitable for other content placed by the Customer in the Online Store, including in particular the Account in the Store.

    30. W Stores can also be presented as part of a thematic blog on the kind of Goods offered in the Store. The content presented in the Thematic Blog is hobby and general, thematic but only conceptual. They are presented under subjective criteria selected by the Seller. They should not be treated as an offer, advice or any recommendation.

    31. The seller has the right to organise occasional competitions and promotions, the terms of which will be specified on the Store's websites each time. Promotions in the Online Store are not subject to merger, unless otherwise provided in the Terms and Conditions of the Promotion.


  1. TERMINATION OF SERVICES AND THEIR SUSPENSION

    1. In relation to the Client who is an Entrepreneur, the Seller has the right to suspend the provision of the Services, including in particular the conduct of the Account, as well as the termination of the Service Contract, including the Account Conducting Services, and other Services offered in the Online Store, with immediate effect and without indicating the reasons by sending an appropriate statement to the e-mail address, in particular in case of doubts as to the correctness or completeness of the data provided by such a Customer, as well as in the case of:

      1. violations of such a Customer's Rules of Procedure, applicable law or good manners;

      2. when actions or omissions of the Client affect the good name Sellers or otherwise harm the Seller.

    2. The Seller has the right to suspend the provision of the Services or terminate the agreement for the provision of the Services available in the Online Store, also in relation to non-entrepreneurs customers, in the situations referred to in paragraph 1 above, after having been unsuccessfully called to terminate the infringements with a deadline to terminate the infringements.

    3. The seller may also terminate the Service Agreement, including in particular the Online Store Account Services with a 1-month notice period in the following cases:

      1. in the case of changes in the scope of the Online Service Store, including in particular due to organisational, technological or technical considerations, including changes in technical requirements necessary for the use of the Online Store or individual Services, as well as changes in the termination of the store, the provision of the Service, its change or the introduction of new Services or functionality, as well as the need to improve the Services, functionality or operation of the Online Store, prevent abuses and need for safety reasons;

      2. in the case of amendments to the rules of common law and their interpretation/expression;

      3. in the case of a decision, judgment or other similar act by courts, bodies or other bodies having an impact on the provisions of the Services provided or the rights and obligations of the Parties, and the imposition of certain obligations by such courts, offices or other bodies;

      4. if the Client's Account remains inactive for a minimum of 3 years.

    4. The request referred to in paragraph 2 above as well as information on suspension of the benefit Services or their terminations may be sent to the Customer by electronic means, including through messages in the Store.

DEROGATION, RELAMATION, EXAMINATION OF COMPLAINTS AND INQUIRIES

  1. DEROGATION FROM THE SALE AGREEMENT

    1. The consumer who has concluded the Sales Agreement, in accordance with the Consumer Rights Act, may withdraw from it within 14 days without giving a reason. In order to avoid doubt, the Consumer shall, for the purposes of the provisions of this Section concerning the consumer's right of withdrawal from the Agreement, also be understood as Entrepreneurs exercising the rights of the consumer.

    2. The period for withdrawal from the Sales Agreement shall begin from the time when the Consumer takes possession of the Goods. The consumer may waive the Agreement by submitting a declaration of withdrawal to the Seller. The declaration can be made by yourself or using a form, the template of which has been provided by the Seller on the Online Store website at: Form of withdrawal. It is sufficient to send a statement before the deadline. The Seller shall immediately acknowledge to the Consumer the receipt of a form submitted via the Website.

    3. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.

    4. If the Consumer made a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

    5. The seller shall immediately, no later than 14 days after receipt of the Consumer's declaration of withdrawal from the Sales Agreement, reimburse him all payments made by him including the delivery costs of the Goods to the Consumer. The seller may withhold reimbursement of payments received from the Consumer until he receives the Goods back or provides proof of the return of the Goods by the Consumer, whichever occurs first, unless the seller has proposed that the Goods be taken from the Consumer himself.

    6. If the Consumer exercising the right of withdrawal has chosen a way of delivering the Goods other than the cheapest ordinary delivery method offered by the Seller, The seller is not obliged to reimburse the Consumer for the additional costs incurred by him.

    7. The consumer is obliged to return the Goods to the Seller without delay, but no later than 14 days from the date on which he withdrew from the Sales Agreement, unless the seller has proposed that he himself collects the Goods from the Consumer. It is sufficient to refer the Goods to the Seller's address before that deadline expires. The returned goods must be delivered or sent to the following address of the Vendor: Das Company SP. z o. o., ul. Przemysłowa 10, 32-540 Trzebinia.

    8. In the event of withdrawal from the Consumer Sales Agreement, only the direct costs of returning the Goods shall be borne.

    9. If, by reason of its nature, the Goods cannot normally be sent by post, The Seller informs the Consumer about the costs of returning the Goods on the Shop website.

    10. The consumer shall be responsible for reducing the value of the Goods resulting from the use of it in a way beyond that necessary to determine the nature, characteristics and functioning of the Goods.

    11. The seller shall reimburse the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to another method of refund which does not entail any cost to him.

  1. COMPATIBILITY OF THE Seller

    1. The seller undertakes to deliver the goods in accordance with the terms of the Sales Agreement, subject to the exception referred to in point IV(2) of the Rules of Procedure.

    2. The Seller shall be liable to the Consumer Client or Entrepreneur exercising the rights conferred on the Consumer for not complying with the Agreement on the basis of the Consumer Rights Act.

    3. In the event of a lack of conformity of the Goods with the Contract of Sale to the Consumer or the Entrepreneur exercising the rights of the consumer, the rights set out in the Consumer Rights Act shall be exercised.

    4. The consumer or entrepreneur exercising the rights of the consumer, in the event of the exercise of his rights due to the lack of conformity of the Goods with the Agreement, shall make available to the Seller the goods to be repaired or exchanged. The goods are collected at the seller's expense. In the event of withdrawal from the Consumer Sales Agreement or the Entrepreneur exercising his rights to the consumer, he shall immediately return the Seller's Goods at its expense.

    5. In the case of Contracts of Sale concluded in trade with Entrepreneurs, the liability of the Seller under the warranty for the defects of the Goods is excluded pursuant to Article 558(1) k.c.

    6. The Seller shall not be liable for the non-compliance of the Goods with the Agreement if the Consumer, at the latest at the time of conclusion of the Agreement, has been clearly informed that the specific characteristic of the Goods deviates from the requirements of compliance with the Agreement referred to in Article 43b(2) or (3). The Consumer Rights Act, and explicitly and separately accepted the lack of a specific characteristic of the Goods. This provision shall apply mutatis mutandis to the guarantee referred to in point X(10) of the Rules of Procedure.

    7. Complaints resulting from violation of the rights of the Customer guaranteed by law or by these Regulations shall be directed:

      1. to address: Das Company sp. z o.o., ul. Przemysłowa 10, 32-540 Trzebinia,

      2. or by email to: biuro@dascompany.com,

      3. by telephone, at +48 32 50 65 880,

      4. or via a form available at the Online Store at: https://complaints.dascompany.com/ .

    8. In order to consider the complaint, the Customer should send or provide the advertised Goods, if possible by attaching proof of purchase. The goods shall be delivered or sent to the address indicated in point 7(a) above.

    9. The seller shall, within 14 days of receipt of the request containing the complaint, comment on the complaint of the Goods or the complaint relating to the implementation of the Sales Agreement notified by the Consumer or the Entrepreneur exercising the rights of the consumer.

    10. The goods offered by the Seller at the Online Store are guaranteed by the Seller. Detailed provisions on the warranty of the Seller can be found in the Guarantee Terms, which can be found on the Store's website.

    11. The finished goods offered in the Online Store may be guaranteed by another third party. Where a given Good has the guarantee referred to in the preceding sentence, the information concerning the existence and content of the guarantee and the time for which it was granted shall be attached in writing to the Goods when it is served to the Customer as well as on the websites of the Online Store.

  1. RELAMINATION OF SERVICES

    1. The Customer may submit complaints to the Vendor in connection with the functioning of the Store and its use of the Services or functionality.

    2. Complaints may be made:

      1. to: Das Company sp. z o.o., ul. Przemysłowa 10, 32-540 Trzebinia,

      2. or by email to: biuro@dascompany.com ,

      3. by telephone, at +48 32 50 65 880,

      4. or via the contact form available at the Online Store.

    3. In the complaint, the Customer should give his name, address for correspondence, type and description of the problem.

    4. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the extent necessary within the specified time limit.

  1. EXTERNAL DISCLOSURE OF RELAMING AND INQUIRY OF DISCLOSURE

    1. Consumers have the possibility to use out-of-court means of handling complaints and claims.

    2. Consumers include:

      1. is entitled to appeal to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the conclusion of the Sales Agreement or the Service Contract;

      2. is entitled to address the Provincial Inspector of the Commercial Inspection with a request to initiate mediation proceedings concerning the amicable termination of the dispute between the Client and the Seller;

      3. may receive free assistance on settlement of a dispute between the Client and the Seller, also using free state aid from the (urban) consumer spokesperson or social organisation, whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

    3. Detailed information on the possibility for consumers to use out-of-court means of handling complaints and redress and the rules of access to these procedures available to district (urban) consumer spokesmen, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates and the Office for Competition and Consumer Protection, including on their websites.

    4. The consumer may also lodge his complaint through the EU ODR Internet Platform, available at: http://ec.europa.eu/consumers/odr/.

  1. PROTECTION OF PERSONAL DATA

Personal data of the Clients are collected and processed by the Seller in accordance with applicable law, including Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and the Privacy Policy of the Shop

  1. DEFINITE PROVISIONS ON ENTERPRISES

Subject to separate provisions of these Terms and Conditions, where the Customer is an Entrepreneur, the following applies to the Orders and Services:

    1. The Seller shall not be liable for damages resulting from incorrect or incomplete data provided by the Entrepreneur during the submission Orders or elsewhere in the Shop, as well as due to misinformation of contact details or reception address.

    2. It is assumed that the person receiving the Goods on behalf of the Client who is The trader shall be the person authorised by him to take delivery and sign on his behalf on the delivery document as well as other operations related thereto.

    3. The Seller shall not be liable, in particular in the event of storage, transport or use of the Goods contrary to the information contained in the description of the Goods, labels of the Goods or instructions of the Seller.

    4. Responsibilities of the Seller for lost benefits towards the Entrepreneur are excluded.

    5. Entrepreneurs have no claim against Sellers for claims of third parties arising from the use of Goods.

    6. The entrepreneur undertakes that without the prior consent of the Seller he will not use trademarks, trade marks or other individualizing symbols of the Seller.

    7. The Seller's liability to the Entrepreneur is limited to the value of the last Order.

  1. FINAL PROVISIONS

    1. These Terms and Conditions are continuously available on the Store's website in such a way that it can be acquired, played and stored by printing or writing on the media at any time you browse the Online Store's content.

    2. Unless otherwise indicated on the Store's pages, any rights to the Online Store, including copyright rights, intellectual property rights to its name, web domain, website, as well as other content, in particular forms, logos, as well as photographs, video materials, descriptions of the Goods, shall belong to the Seller and may be used only in a manner specified and in accordance with the Rules of Procedure and the rules of universal law.

    3. The settlement of possible disputes between the Seller and the Client, which is not the Entrepreneur, shall be subject to the courts competent in accordance with the provisions of the relevant provisions of the Civil Procedure Code. The settlement of possible disputes between the Seller and the Client, who is the Entrepreneur, shall be subject to the court competent for the purposes of the Vendor's seat.

    4. The provisions of the Civil Code, the Electronic Services Act, the Consumer Rights Act and other relevant provisions of Polish law apply in matters not regulated by these Regulations.

    5. The seller may amend the Rules of Procedure in the following cases:

      1. amendments to the rules of common law or to their interpretations/exhibitions affecting the provisions of the Rules of Procedure or the rights and obligations of the Parties;

      2. the decision, judgment or other similar act by courts, bodies or other bodies having an impact on the provisions of the Rules of Procedure or on the rights and obligations of the Parties, as well as the imposition of certain obligations by such courts, offices or other bodies;

      3. in the case of changes in the scope of the Online Services Store, the assumptions, functionality or organization of the store or the sale; including in particular due to organisational, technological or technical considerations, including changes in technical requirements necessary for the use of the Online Store or individual Services or business assumptions, as well as changes to the completion of the provision of the Service, form or rules of sale, change or introduce new ones Services or functionality or organization of the Store or sale;

      4. the need to improve the Services, functionality or operation of the Online Store, to prevent abuses, or the need for safety reasons;

      5. the need for editorial changes, including the need to remove ambiguities or interpretation doubts regarding the content of the Rules of Procedure.

    6. Any changes to these Terms and Conditions will be informed by each Customer via information on the Online Store website containing a list of changes and the date of their entry into force. Clients with an Account may also be informed of the changes with their listing to the e-mail address indicated by them. The date of entry into force of the amendments shall not be less than 14 days from the date of their publication. If the Client with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller within 14 days of the date of notification of the amendment of the Rules of Procedure. Notification to the Seller about the lack of acceptance of the new content of the Regulation results in the termination of the Account Agreement.

    7. Amendments to the Rules of Procedure may be made to Clients who are Entrepreneurs in periods shorter than those indicated in paragraph 6 above.

    8. The seller may post on the Store website advertising content concerning offered services as well as third party goods and services, in forms used on the Internet. The use of such offers or services is not part of the Store and their rules are laid down by the relevant third parties.

    9. If any of the provisions of these Rules of Procedure is, or becomes, in whole or in part ineffective (e.g. due to a change of law), this does not prejudice the effectiveness of the other provisions.

    10. If these Regulations are available in a two- or multi-lingual version, in case of linguistic differences, only the Polish language version of the Regulations is binding.