Regulations for www.diablochairs.eu online shop

§1. Definitions

For the purposes of these Regulations, the terms used within present the following meanings:

1. Online Store, Store - business conducted via the website www.diablochairs.eu
2. Seller Paweł Nowak running a business under the name Domator24.com located at ul.Dekoracyjna 8, Zielona Góra (65-155), Poland, NIP (tax identification number) 9730551869, REGON (National Court Register) 978094558, BDO (Waste Database) 000125578
3. Customer - a natural or legal person or an organizational unit without legal personality using the online Store,
4. Regulations Regulations – the hereby Regulations which can be downloaded at the link ‘Regulations’,
5. Consumer - a natural person using the Store for purposes not directly related to its business or professional activity, as well as a natural person concluding an agreement directly related to its business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting from in particular, the subject of economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity,
6. Goods, Assortment - items offered within the Store,
7. Customer Account – functionality of the Store that allows the Customer to make purchases without the need to provide personal data each time, also enabling the possibility of editing this data, viewing order history, submitting complaints,
8. Electronic services - services within the meaning of the Act on the provision of electronic services provided with the use of the Store.

§2. Terms of use of the Store

1. The Seller offers goods and services that he presents in the store,
2. Orders placed in the store are fulfilled only on the territory of the Republic of Poland and in European Union countries,
3. In order to use the Store properly, the Customer must use a device with the following minimum requirements:
   • a web browser that supports HTML, CSS and JavaScript standards;
   • JavaScript enabled;
   • Cookie files enabled.
4. The costs of internet connection with the Store are determined by the providers of the services used by the Customer. The Seller does not charge any fees for this.
5. Any inquiries made to the Seller should be directed to the following addresses:
   • E-mail: [email protected] or [email protected]

§3. Rules for using the Store

1. Using the Store requires prior provision of the necessary data. During registration, the Customer is obliged to provide the personal data for which he will be asked. Refusal to provide the necessary data, i.e. data required for the proper performance of the purchase prevents the conclusion of the purchase agreement.
2. The Store's Assortment is browsed through the Store's subpages.
3. In case of doubt, the prices given in the Store are considered gross prices. The prices shown for particular Goods do not include the costs of its delivery unless stated otherwise in the description of the Goods.
4. The Seller has the right to refuse to fulfill an order placed by the Customer in the following situations:
   • The Customer has provided false data or the data provided by the Customer make it impossible to complete the order;
   • The Customer is the Seller's debtor for any reason and the claim is due and has not been settled;
   • The Customer violates the rights of the Seller or third parties, in particular violates their personal rights;
   • The Customer uses the Store to commit an offense or crime or his behavior is contrary to the principles of social coexistence or constitutes an abuse of law contrary to its socio-economic purpose;
   • The Customer makes any interference in the functioning of the Store for which he did not receive the prior written consent from the Seller;
   • Providing the login and password to third parties;
   • The Customer violates the provisions of the Regulations;
   • In the case of a personalised order, if the seller decides that it contains vulgarities, abusive language, content that is generally considered offensive, or discriminatory.
     
5. The proof of conclusion of the agreement issued by the Seller is a VAT invoice sent to the e-mail address provided during account registration, as well as confirmation of the agreement.

§4 Electronic services provided by the Seller

1. The Seller enables the use of electronic services through the Store within the meaning of the Act on the provision of Electronic services, such as:
   1. entering purchase agreements,
   2. managing a customer account,
   3. using the newsletter.
2. The provision of Electronic services takes place under the conditions specified in the Regulations and is free of charge.
3. The period for which the agreement is concluded:
   1. in the scope of the Customer Panel - indefinite period.
   2. within sales - a definite period of time, i.e. for the time of placing the order and its fulfillment.
   3. regarding the newsletter - indefinite period.
4. The Customer may at any time, without any notice period, terminate agreements concluded for an indefinite period by canceling the account in the Customer Panel or resigning from receiving the newsletter.
5. When setting up the Customer Panel in the Store, the Customer receives a unique password ssigned to the login defined by him. The Customer is obliged to keep his login and individual password secret and to protect against access by third parties. The Seller is not responsible for the use of the user's login and password resulting from improper security of access to it.
6. The Seller is entitled to block the Customer Panel in the situations described in §3 paragraph 4. If there are unfulfilled Customer orders at that time, they are canceled, and if the Customer has already made the payment for them, the Seller will refund the amounts paid, unless the Customer has due and unpaid receivables - in such a situation the Seller has the right to credit the funds towards them.
7. The Seller may terminate the agreement for the provision of Electronic services without notice in the event that the Customer violates the Regulations, in particular when he provides unlawful content after an ineffective prior call to cease violations with an appropriate deadline. The provisions of section 6 shall apply accordingly.
8. Complaints regarding electronic services are considered within 14 days after their notification to one of the addresses indicated in §2 section 5.

§5 Order placement and payment

1. Orders are placed by selecting the appropriate options available in the Store.
2. The conclusion of the agreement takes place after the Customer provides the necessary data,accepts the Regulations and clicks the ‘order and pay’ button.
3. The order is processed on the date indicated when placing the order. This date is given before the final acceptance of the order by the Customer. The Seller fulfills the order within no more than 30 days.
4. In the case of Goods marked as ‘promotion’, ‘sale’ or other equivalent terms, the order of processing is determined by the date of entering the purchase agreement and receiving the appropriate payment. The number of Goods covered by the above-mentioned terms is limited.
5. In the event that the fulfillment of the order cannot take place for any reason, the Seller immediately informs the Customer of the above and the Customer decides within 7 days whether to order other Goods, to wait for the end of the obstacle preventing the fulfillment of the original order or to withdraw from the purchase agreement. In the event of withdrawal, the Customer will immediately receive a full refund of the paid amount.
6. The payment for the Goods can be made by:
   1. cash on delivery,
   2. payment via electonic payment methods by the means of providers:
      • PayU S.A. located at ul. Grunwaldzka 186, 60-166 Poznań, Poland, terms and conditions of using the service available at https://poland.payu.com
      • Paypal Polska sp z o.o. located at: ul. Emilii Plater 53 , 00-113 Warszawa, Poland, terms and conditions of using the service available at https://www.paypal.com/pl/home 
      • GoPay Sp. z o.o. located at ul. Hłaski 10a, 01-689 Warszawa, Poland, terms and conditions of using the service available at https://www.gopay.com/pl/ 
7. The order is processed after the payment is credited to the Seller's account. The payment deadline is 7 days from the date of placing the order unless the selected purchase option provides otherwise. The payment is considered completed when the funds are received on Seller's account in the abovementioned period. Failure to pay within the above-mentioned period entitles the Seller to exercise the right to withdraw from the agreement.

§6 Delivery

1. Delivery takes place through a carrier selected by the Customer from the options indicated in the order process.
2. The cost of delivery is covered by the Customer unless the description of the Goods states otherwise.
3. In a situation where the Goods are returned to the Seller due to:
   providing incorrect address data,
   unsuccessful collecting of the parcel by the Customer,
   other reason resulting from the Customer.

   The Seller has the right to charge the Customer with all costs related to such a situation, in particular the costs of sending the Goods.

4. In the event of any irregularities in the condition of the shipment, in particular its external damage, the Customer should write a report with the courier including information on irregularities of the condition of the parcel. If such signs are noticed after delivery, the Customer should notify the courier of the above demanding to create a protocol. The Customer acknowledges that not complying with the above obligation may be the reason for the negative decision upon his claims to the Seller.
5. If the Seller had no influence on the choice of the carrier and the Customer is the Consumer - the risk of accidental loss or damage to the item passes to the Consumer upon its release to the carrier by the Seller.

§7 Complaints and warranty

1. The Seller is obliged to deliver items without defects in accordance with their description presented in the Store. In the event that the sold Goods do differ from the ones presented in the Store, the Seller shall inform about the above.
2. The Seller provides a warranty for the Goods sold. The warranty conditions are available on the website at: https://diablochairs.com/returns. Exercising the rights under the warranty does not exclude, limit or suspend the Customer's rights resulting from the provisions on the warranty for defects in the item sold with further provisions of the Regulations.
3. Complaints are submitted using the form (‘Complaint Report’) available at  https://diablochairs.eu/returns-and-complaints or to the address [email protected] 
4. The filing of a complaint is confirmed by the Seller by sending an e-mail to the Customer
5. Complaints are settled within 14 days from the date of their receipt. The Customer is informed about the method of settling the complaint in a way chosen by him. If no method is selected, the Seller informs about the method of considering the complaint by e-mail.
6. Pursuant to Art. 5612 §1 of the Civil Code, the Customer exercising the rights under the warranty is obliged, at the Seller's expense, to deliver the defective item to the place designated by the Seller. In this case it is: Domator24, ul. Dekoracyjna 8, 65-155 Zielona Góra, Poland.
7. The warranty is described in Art. 556-576 of the Civil Code. The Customer has the right to demand removal of the defect, replacement of the Goods with a new one free from defects, price reduction and withdrawal from the agreement. The Seller may not accept the request for a price reduction or withdrawal from the agreement and offer the Customer a free repair or replacement.
8. In relation to Consumers who are a natural person concluding an agreement directly related to its business activity, if the content of this agreement shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, the warranty is excluded.

§8 The right to withdraw from the Agreement

1. The Consumer's rights related to the withdrawal from the Agreement without giving any reason are listed in Annex 1 to the Act of 30 May 2014 on Consumer rights and as part of the online store are as follows:

   You have the right to withdraw from the hereby purchase agreement within 14 days without giving cause. The deadline to withdraw from the agreement will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the Goods. To exercise the right to withdraw from the agreement, you must inform the Seller, by the means given in §2 section 5 of the Regulations, about the decision to withdraw from this agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

   You are entitled to use the attached model withdrawal form, but it is not obligatory. You can also complete and submit the withdrawal form or any other unequivocal statement electronically at Returns.

   If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the agreement by permanent means (e.g. by e-mail). To meet the deadline to withdraw from the agreement, it is enough for you to send information regarding the exercise of your right to withdraw from the agreement before the deadline is met.

   Consequences of withdrawal from the purchase agreement

   In the event of withdrawal from this agreement, the Seller shall refund all payments received from the Customer, including the cost of delivering the Goods, provided that the shipment was at the Customer's expense (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately and no later than 14 days since the Seller was informed about the decision to exercise the right to withdraw from this agreement. We will reimburse the payment using the same payment method that the Customer used in the original transaction unless it is clearly stated otherwise; in any event, the Customer will not incur any fees related to this return. The Seller may withhold the reimbursement until receiving the item or until a proof of its return is provided, depending on which event occurs first. The Customer is obliged to send back or hand over the item to the Seller immediately, and in any case no later than 14 days from the day of informing of the withdrawal from this agreement. The deadline is met if the Goods are sent back before the period of 14 days expire. The Customer is obliged to cover the direct cost of returning the Goods. He or she is only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.

2. The right of withdrawal referred to above does not apply to the following agreements:
   1. for the provision of services, if the entrepreneur has fully performed the service with the given consent of the Consumer, who has been informed prior to the commencement of the service that he will lose the right to withdraw from the agreement once the service has been provided by the entrepreneur;
   2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the agreement;
   3. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
   4. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
   5. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
   6. in which the Consumer has expressly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the agreement in relation to additional services or items;
   7. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
   8. concluded through a public auction;
   9. for the provision of accommodation services, other than for residential purposes, transport of Goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision;
3. The Seller is obliged to deliver the Goods free from defects
4. The Consumer, subject to paragraph 9, has the right to seek a resolution of the dispute through arbitration, including an arbitration court, which also requires the consent of the Seller. In particular, the Consumer may ask for help from organizations supporting consumer rights or from the Poviat Consumer Ombudsman.
5. The Consumer may also ask for help from social organizations that cover, inter alia, the protection of Consumer rights (e.g. the Consumer Federation www.federacja-konsumentow.org.pl).
6. More information on the protection of Consumer rights is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl)
7. The Seller allows Consumers, subject to paragraph 9, an additional right to withdraw from the agreement without giving any reason within 365 days from the date of delivery of the Goods (regardless of the right resulting from the Act on consumer rights), on the following terms:
   1. the right applies to unused Goods, packed in original, undamaged packaging, not showing signs of opening,
   2. the product, despite the packaging intact, is damaged or shows signs of exposure to external factors such as water, chemicals, high or low temperature, etc.
   3. the product is not a customized product at the Customer's request.
   1. The exercise of the right referred to in paragraph 7 takes place by informing the Seller at the email address [email protected] The message should contain the order number and the name of the returned goods. After receiving the message the Seller will instruct the Consumer on the method of its implementation. The product is shipped at the expense and risk of the Consumer. In a situation where, after receiving the parcel, it turns out that the product does not meet the conditions referred to above, the Seller will send the product back at the expense and risk of the Consumer after informing about the above and agreeing the return rules.
   2. The rights referred to in paragraphs 4-8 do not apply to Consumers who are a natural person concluding an agreement directly related to their business activity if the content of this agreement shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Business.

§9 Personal data

1. The Seller declares that all personal data obtained as part of the online Store are protected in accordance with the provisions on the protection of personal data and are processed only to the extent permitted by the act on the provision of electronic services unless the Customer has consented to broader data processing.
2. More information on the processing of personal data is available in the Privacy Policy

§10 Final provisions

1. The Customer must not perform activities prohibited by applicable law, in particular violating the rights of third parties. In addition, the Customer is obliged to use the Store in a way that does not interfere with its functioning, including:
   1. not sending unsolicited commercial information via the Store,
   2. not using accounts of other Customers without appropriate authorization,
   3. refrain from activities aimed at obtaining logins and passwords of other Customers,
   4. sending illegal content.
2. The court having jurisdiction to hear any disputes that may arise from agreements concluded via the online Store is the common court competent for the location of the Seller. The above reservation does not apply to Consumers for whom the choice of court is made in accordance with the applicable Regulations.
3. The law applicable to agreements concluded as part of the Store is Polish law, with the provisons that the choice of Polish law may not deprive the Customer who is a Consumer of the protection provided to him by provisions that cannot be excluded by agreement under the law of the country in which the Consumer has an ordinary place of residence. Stay.

§11 Non-consumer provisions

1. This section of the hereby Regulations and the provisions contained therein apply only to Customers who are not Consumers at the same time.
2. In the case of Customers who are not Consumers at the same time, the Seller has the right to limit the available payment methods including requiring prepayment in whole or in part regardless of the payment method chosen by the Customer in the Order Form and the fact of concluding the purchase agreement.
3. A Customer who is not also a Consumer is obliged to fulfill his or her obligations under the purchase agreement (i.e. in particular to pay the price and collect the Goods) immediately, no later than within 14 days from the date of its conclusion unless the agreement provides otherwise.
4. Goods that are the subject of an agreement concluded with a Customer who is not also a Consumer remain the property of the Seller until the price and delivery costs under the agreement are paid.
5. Upon the dispatch of the Goods by the Seller to the courier service, the benefits and obligations associated with the item and the risk of accidental loss or damage to the item are transferred to the Customer who is not also a Consumer. In such a case, the Seller shall not be held accountable for any loss, defect or damage to the Goods arising from its dispatch for transport until its delivery to the Customer and for delay in transporting the shipment.
6. In the event of sending the Goods to the Customer via a courier service, the Customer who is not also a Consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If the Customer establishes that the Goods has been lost or damaged during transport, he or she is obliged to take all steps necessary to determine the carrier's liability under pain of losing the right to invoke the above circumstances in the event of a dispute with the Seller.
7. The Seller's liability towards the Customer who is not also a Consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the agreement. The Seller is liable to the Customer who is not also a Consumer only for typical damages predictable at the time of concluding the agreement and is not liable for the lost benefits in relation to the Customer who is not also a Consumer.
8. In the case of Customers who are not Consumers the warranty is excluded.
9. In the case of Customers who are not Consumers the Polish law applies.

§12 Procedure for changing the Regulations

1. The Seller reserves the right to amend these Regulations for important reasons, such as, for example, change of the provisions, change of the Seller's data, change of the scope and method of providing services, as well as changes regulating the obligations and rights of the Customer in a more favorable way than before.
2. Any changes to these Regulations will be clearly visible (presented) on the website www.diablochairs.com at least 14 days before the date of the changes coming into force. Customers will also be informed about any changes to the Regulations via e-mail assigned to the Customer Account.
3. Information about changes to the Regulations will be included in the list of changes. A User who has a Customer Account who does not agree to the changes made has the right to inform the Seller about it. Such a declaration is equivalent to the termination of the Agreement for running the Customer Panel.
4. Amendments to the Regulations do not affect any orders or payments made by Customers before the effective date of such changes.