Regulations

Regulations on the sale of goods remotely and the provision of services by electronic means

applicable to Sales Agreements concluded from 25 December 2014 § 1 Basic information

These regulations define the rules and conditions of using the online store available at www.dakohaft.pl, and in particular define the rules of placing Orders and concluding sales agreements using means of distance communication, as well as the use by Customers of all services of the Online Store. Dako Vrt. is run by Marcin Kowalewski and Grzegorz Kowalewski acting jointly within a civil partnership under the name "Dako Vrt. Marcin Kowalewski, Grzegorz Kowalewski". The company's registered office is located at ul. Wieniawskiego 60, 93-564 in Łódź, NIP: 726-10-06-028, REGON: 470900892.

Data for quick communication with the Seller:

Address data:

Dako Vrt.,

Contact details:
e-mail: kontakt@dakohaft.pl
tel: 42 630 82 50 or
42 637 11 06 open
from 8:00 to 16:00 (cost of connection according to the operator's tariff)

Contact details for complaints:

e-mail: sklep@dakohaft.pl

§ 2 Definitions

1. The terms used in the Regulations mean:

1) Customer - a natural person, including a Consumer, who is at least 18 years of age, as well as a legal person or an organizational unit that is not a legal person, which special provisions grant legal capacity and which has placed or intends to place an Order or uses other services of the Online Store;

2) Consumer - a natural person performing a legal act not directly related to their business or professional activity;

3) Entrepreneur - a natural person, legal person and organizational unit that is not a legal person, to which a separate act grants legal capacity - performing business or professional activity on their own behalf.

4) Regulations - these Regulations of sale using means of distance communication and provision of services by electronic means. In the scope of services provided by electronic means, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of services by electronic means;

5) Online Store (hereinafter also referred to as the "Store") - an internet service available at http://dakohaft.pl/ through which the Customer can place Orders, as well as use other Services of the Store;

6) Party - Service Provider or Customer;

7) Goods - a movable item that is the subject of the Sales Agreement;

8) Sales Agreement – sales agreement within the meaning of the Civil Code Act, concluded between the Service Provider and the Customer using means of distance communication via the Store, the subject of which are Goods;

9) Service (Services) – service provided by the Service Provider electronically on the principles specified in the Regulations via the Store;

10) Service Provider – Marcin Kowalewski and Grzegorz Kowalewski acting jointly within a civil partnership under the name of “Dako Vrt. Marcin Kowalewski, Grzegorz Kowalewski”, ul. Wieniawskiego 60, 93-564 in Łódź, NIP: 726-10-06-028, REGON: 470900892,

11) Act – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);

12) Order – a declaration of will of the Customer constituting an offer to conclude a Sales Agreement with the Service Provider, aiming directly at concluding a Distance Selling Agreement via the Online Store, specifying the type and number of Goods that are the subject of the Sales Agreement.

§ 3 Terms of Use of the Store

1. The Service Provider provides the following Services via the Online Store:

presentation of the Store's offer,
the ability to place orders for Goods available in the Online Store and thus conclude Distance Sale Agreements,
informing the Customer about the current status of the Order,

In order to maintain the safety of using the Online Store, it is recommended that the device used by the Customer has in particular:

an antivirus system with the latest version of virus definitions and updates,
an effective security firewall,
all available updates of the operating system and web browser that concern security installed,
an activated function of accepting cookies and Java Script in the web browser,
software enabling reading files in PDF format.

§ 4 Obligations of the Customer (Store User) and the Seller

1. The Customer is obliged to use the Services offered by the Service Provider in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, and not to provide content prohibited by generally applicable provisions of law.

2. The Seller is obliged to deliver Goods free from defects.

3. If the buyer is a Consumer, the Seller is obliged to immediately deliver the item to the buyer, no later than thirty days from the date of conclusion of the Sales Agreement, unless the Sales Agreement provides otherwise (e.g. a different delivery date for the Goods is indicated in the description of the Goods).

§ 5 Orders

1. The Customer may place Orders via the Online Store 7 days a week, 24 hours a day.

2. In order to conclude a Distance Sale Agreement for Goods via the Online Store, go to the Store's website, then select the Goods and place the Order by taking subsequent technical steps based on the messages or information displayed to the Customer.

3. Ordering process: The Customer completes the Order using the "Basket". By clicking on the "Add to basket" field, the Customer selects the Goods available in the Store at the time of placing the Order, in accordance with its description, quantity and price. Then, after clicking on the "Payment and delivery" field, the Customer can choose the method of payment and delivery, and then provide the data in the form necessary to place and complete the Order. The next step when placing an Order is to verify the current information and finally place the Order.

4. The condition for placing an effective Order is that the Customer reads and accepts the Regulations and the provisions of the Privacy Policy.

5. The moment the Order is placed effectively, the Sales Agreement is concluded.

6. Failure to pay for the placed order within 7 business days from the date of placing the order results in its cancellation.

§ 6 Prices, payments and delivery of Goods

1. The prices of Goods in the Store are given in Polish zlotys and are gross prices, i.e. they include VAT.

2. The prices of Goods do not include delivery costs, which are indicated each time in the process of placing an Order and specified in §6 section 6 of the regulations. The total value of the order includes the price of the Goods and delivery costs, in the event that the delivery costs are borne by the Customer.

3. The binding and final price is the price given at the time of placing the Order.

4. The Customer may pay the price in the following manner: a) by bank transfer to the Service Provider's bank account, i.e. BNP Paribas Bank Polska S.A. 60 1750 1093 0000 0000 0371 7232 (prepayment), b) via fast online payments Przelewy24.pl represented by PAYPRO S.A. ul. Kanclerska 15, 60-327 Poznań NIP 779-236-98-87, REGON 301345068, District Court Poznań, VIII Division. Commercial Register of the National Court Register KRS No. 0000347935, share capital: PLN 4,500,000, c) card payments: Visa and Mastercard via Przelewy24.pl represented by PAYPRO S.A. ul. Kanclerska 15, 60-327 Poznań NIP 779-236-98-87, REGON 301345068, District Court Poznań, VIII Division Commercial Register of the National Court Register KRS No. 0000347935, share capital: PLN 4,500,000, d) cash on delivery, i.e. cash on delivery of the Goods (cash on delivery) or cash on personal collection of the Goods at the Service Provider's premises,

5. The Order for Goods will be transferred for execution (for shipment) immediately after the conclusion of the Sales Agreement, whereas in the case of payment by bank transfer (prepayment), the shipment will be made only after the payment for the Goods has been credited to the Service Provider's bank account.

6. The Service Provider delivers the ordered Goods via the courier company GLS indicated in the Order submission process (shipment up to 10 kg) or using InPost parcel lockers (maximum dimensions of the shipment are 41x38x64 cm - size C).

 7. In the case of payment on delivery, the Customer undertakes to collect and pay for the purchased Goods (including shipping costs) directly from the courier delivering the parcel, or at a selected InPost parcel locker. In the event that the Customer refuses to pay for the delivered parcel, i.e. in the event of non-performance of the Sales Agreement by the Customer, the courier company or InPost will return the parcel to the Seller (after 14 days from the first delivery attempt). In such a situation, i.e. in the event of non-performance of the Sales Agreement by the Buyer, the Seller may call upon the Buyer to perform it, and also demand compensation for the damage caused to him by the Buyer's non-performance of the Sales Agreement, which means in particular covering the costs of shipping in both directions and a call for performance of the agreement, payment.

8. When receiving the parcel with the ordered Goods, we suggest that the Consumer checks the parcel and indicate that in the event of:

1) mechanical damage to the contents of the parcel,
2) incompleteness of the parcel,
3) inconsistency of the contents of the parcel with the subject of the Order,

The Consumer is entitled to refuse to accept the parcel. In such a case, we suggest writing down comments or notes from the event in the presence of the delivery person and immediately notifying the Service Provider of the situation. In each case, in the event of damage, we suggest drawing up a damage report in the presence of the delivery person.

9. A Customer who is not a Consumer is obliged to check the contents of the parcel upon receipt. In the event of damage, they are obliged to report this fact to the delivery person of the Goods and contact the Seller immediately. Complaints regarding mechanical damage to the Goods during transport will be considered only and exclusively after drawing up a damage report signed by the recipient who is not a Consumer and the delivery person of the parcel.

10. The Seller reminds that in accordance with Art. 548. § 1 of the Civil Code, upon delivery of the sold item, the benefits and burdens associated with the item (Goods) and the risk of accidental loss or damage to the item (Goods) are transferred to the buyer (Customer).

11. If the Goods are to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the Goods is transferred to the Consumer upon delivery of the Goods to the Consumer. The delivery of the Goods is considered to be the entrusting of the Goods by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.

§ 7 Right to withdraw from the Agreement

1. The Consumer may withdraw from the Agreement for the sale of Goods concluded at a distance without giving a reason, by submitting an appropriate declaration in writing, within 14 (fourteen) days, whereby this period runs from the moment the Consumer or a third party indicated by him (other than the carrier) takes possession of the item, and in the case of an agreement covering many items that are delivered separately, in batches or in parts - from the moment the last item, batch or part is taken into possession. To meet the deadline, it is sufficient to send an appropriate declaration before its expiry to the Seller's address.

2. In the event of withdrawal from the Agreement for the sale of Goods concluded at a distance, the agreement is considered not to have been concluded.

3. If the Consumer has submitted a declaration of withdrawal from the Agreement for the sale before the Seller has accepted his offer, the offer ceases to be binding.

Consumer Obligations

4. The Consumer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, but no later than 14 days from the date on which he withdrew from the Sales Agreement, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is sufficient to return the Goods before it expires. The Goods should be packed in a way that will ensure their safe transport together with a document confirming the purchase of the said Goods.

5. The Consumer shall bear the direct costs of returning the Goods (the cost of returning them).

6. The Consumer shall be liable for a decrease in the value of the Goods resulting from their use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods.

Seller's Obligations

7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Goods paid by the Customer when purchasing the Goods, provided that if the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the return of payments received from the Consumer until the goods are received back or the Consumer provides proof of their return, depending on which event occurs first. If the Consumer has ordered several items and wants to exercise the right to withdraw from the agreement by returning one or several items but not all, then he will not receive a refund of the incurred delivery costs.

 8. The Seller shall refund the payment using the same method of payment that the Consumer used, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him.

9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

Statutory exclusion of the right to withdraw from the Sales Agreement

10. The right to withdraw from the agreement does not apply in situations specified in art. 38 of the Act, i.e. in relation to agreements:

a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has performed the service, he will lose the right to withdraw from the agreement;

b) 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 expiry of the deadline for withdrawal from the agreement;

c) where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet their individual needs;

d) where the subject of the service is an item that spoils quickly or has a short shelf life;

e) where 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 package was opened after delivery;

f) where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;

g) where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;

§ 8 Non-conformity of the Goods with the contract (complaints)

1. The Seller is obliged to deliver the Goods free from defects and is liable for defects of the Goods to the Consumer under the warranty for physical and legal defects of the Product within the scope specified in the provisions of the Act of 26 April 1964 - Civil Code (Journal of Laws of 2014, item 121, as amended).

2. A physical defect consists in the non-conformity of the sold Goods with the Sales Agreement. In particular, the sold item is non-conforming with the contract if:

a) It does not have the properties that a thing of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use.

b) It does not have the properties of which the seller assured the Buyer, including by presenting a sample or model.

c) It is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract and the Seller did not raise any objection to such intended use.

d) It was issued to the Buyer in an incomplete state.

3. Complaints regarding non-compliance of Goods with the Sales Agreement may be submitted in writing directly to the Service Provider's address: Dako Vrt., Wieniawskiego 60, 93-564 Łódź, or by e-mail to: sklep@dakohaft.pl.

4. If the sold Goods have a defect, the Customer may:

a) request the exchange of Goods for ones free from defects; or
b) request the removal of the defect; or
c) submit a declaration of a price reduction or
d) submit a declaration of withdrawal from the Agreement

5. The Consumer may not submit a declaration of a price reduction or withdrawal from the Agreement if the Seller immediately and without excessive inconvenience to the Consumer replaces the defective Goods with ones free from defects or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to exchange the Goods for ones free from defects or to remove the defects.

6. Instead of the removal of the defect proposed by the Seller, the Consumer may request the replacement of the Goods with a defect-free one or, instead of replacing the item, request the removal of the defect. This right is not granted if bringing the Goods into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.

7. The Buyer may not withdraw from the Sales Agreement if the defect is insignificant.

8. The Seller may refuse to satisfy the Consumer's request to replace the Goods with defect-free ones or to remove the defect if bringing the defective Goods into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the second possible method of bringing them into compliance with the Agreement.

9. In the event that the Consumer, exercising their rights under the warranty for physical or legal defects of the Goods, requests the replacement of the Goods or withdraws from the Agreement, the delivery of the complained Goods to the Seller shall be carried out by the Consumer but at the Seller's expense.

10. If the Consumer finds that the Goods are not in accordance with the Sales Agreement (physical defect), the Consumer should return the Goods subject to complaint to the Seller along with a description of the non-conformity.

11. We suggest attaching proof of purchase in order to streamline the complaint process.

12. The Consumer loses the right to file a complaint if, within one year from the date of finding the defect in the Goods, but no later than two years from the date of delivery of the item to the Consumer, the Consumer does not notify the Seller of this.

13. The Seller undertakes to consider each complaint within 14 days.

14. The Seller selects the method of responding to the complaint at its own discretion:

a) in writing to the address of the complainant
b) electronically to the email address provided by the complainant
c) by telephone

 15. We inform you that the Consumer also has the possibility of using out-of-court methods of handling complaints and pursuing claims, including:

a) Applying to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute resulting from the concluded Agreement.
b) Applying to the Provincial Inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Buyer and the Seller.
c) Using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

16. The Seller Dako Vrt. is a supplier of products for professional use. Using the products contrary to their intended use excludes the Seller's liability for damages resulting therefrom.

§ 9 Entrepreneur as Buyer

1. If the Buyer is an entrepreneur, they have the right to withdraw from the contract concluded at a distance.

2. If the Buyer is an Entrepreneur, the parties exclude the Seller's liability under the warranty for physical and legal defects of the Goods.

3. If the Buyer is an Entrepreneur, the Seller is liable to the Entrepreneur under the warranty for physical and legal defects of the Goods to the extent specified in the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws of 2016, item 380, as amended), subject to the provisions below:

a) After receiving the Goods, the Entrepreneur is obliged to examine the condition of the delivered shipment in the presence of the carrier, in particular whether it is complete and not damaged. In the event of finding any damage to the Goods or other irregularities in the Goods, the Entrepreneur is obliged to draw up a damage report. Failure to prepare a damage report by the Entrepreneur results in the loss of warranty rights.

b) If the defect of the item came to light only later, and its detection upon receipt of the delivered shipment was objectively impossible, the Entrepreneur is obliged to notify the Seller of the detected defect no later than within 3 days from the date of its detection, under penalty of losing the warranty rights.

c) The Entrepreneur is obliged to deliver the Goods subject to complaint.

d) If the Entrepreneur, exercising his rights under the warranty for physical or legal defects of the Product, requests the replacement of the Goods or withdraws from the contract, the delivery of the complained Goods to the Seller shall be carried out by the Entrepreneur and at his expense, unless the Parties agree otherwise.

e) The Proof of Purchase or a copy thereof must be attached to the complained Goods. Failure to attach the Proof of Purchase or a copy thereof may be the reason for rejection of the complaint by the Seller.

f) The Parties exclude the Seller's liability for damages under the warranty for physical and legal defects of the Goods to the fullest extent permitted by mandatory provisions of law.

§ 10 Newsletter

1. The Customer may order the Newsletter - a service provided by the Service Provider. The Newsletter is sent only to Customers who have ordered the Newsletter.

2. As part of the Newsletter service, information in the form of an electronic letter (e-mail) is sent via e-mail to the e-mail address provided by the Customer. The Newsletter contains, in particular, information about the Service Provider's product offer, current promotions and other information about products offered by the Service Provider or cooperating entities. The Newsletter service is free of charge.

3. The Customer may at any time change the e-mail address (e-mail address) to which the Newsletter is sent or resign from providing the service to him.

4. The Customer may at any time withdraw consent to receive the newsletter. To do this, click on the link in the footer of each message of this type received.

§ 11 Other rights and obligations

 1. Each Party may terminate the agreement for the provision of services by electronic means at any time and without giving reasons, subject to the retention of rights acquired by the other Party before the termination of the aforementioned agreement and the provisions below and with 30 days' notice.

2. The Service Provider has the right to withdraw from the provision of the Service with immediate effect, in the event of a breach by the Client of the provisions of these Regulations and as a result of an ineffective call to the Client to cease the aforementioned violations within 1 business day.

§ 12 Dispute resolution

1. The resolution of any disputes arising between the Service Provider and the Client who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

2. The settlement of any disputes arising between the Service Provider and the Customer who is not a Consumer shall be submitted to the court with jurisdiction over the seat of the Service Provider

3. Any disputes arising between the Service Provider and the Consumer may be resolved out of court using the ODR platform, available at http://ec.europa.eu/consumers/odr . The method of resolving disputes referred to in the preceding sentence shall apply to sales agreements concluded after 9 January 2017, provided that the platform is launched for the Polish State

§ 13 Personal data

1. Personal data of Customers are processed by the Service Provider taking into account the provisions of the law in this area, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

2. The administrator of personal data is Dako Vrt. Marcin Kowalewski, Grzegorz Kowalewski s.c.

3. Providing personal data is voluntary, although failure to provide the required personal data in the order form may prevent you from placing an order.

4. All personal data provided are subject to special protection.

5. Detailed information on the processing of personal data is available in the Privacy Policy tab.

§ 14 Final provisions

1. The consumer has the right to negotiate the terms of the provisions of the Regulations. In order to exercise this right, the consumer should contact the Service Provider by traditional mail, e-mail or telephone.

2. In matters not regulated in these Regulations, generally applicable provisions of law shall apply.

3. Customers may access the Regulations at any time and free of charge via the Internet reference (i.e. link) placed on the main page of the Store and print it out.

4. Information about the Goods provided in the Store, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

5. Exclusive rights to the content provided within the Online Store, in particular copyright to photos, the name of the Store, trademarks of the Service Provider and manufacturers of the Goods, graphic elements included therein, software and rights in the scope of databases are subject to legal protection and are vested in the Service Provider or entities with which the Service Provider has concluded appropriate agreements. It is prohibited to copy or otherwise use any elements of the Store without the consent of the Service Provider.

6. In case of any questions, please contact us at the following address: Wieniawskiego 60, 93-564 Łódź, e-mail: sklep@dakohaft.pl or by phone: 42 630 82 50 or 42 637 11 06.