Regulations
ONLINE STORE REGULATIONS
§1
The definition of the Seller
1. The owner of the Store is
Das Company sp. z o.o.
with the headquarters in 32-540 Trzebinia ul. Przemysłowa 10
NIP: 6772373649
REGON: 122795114
Phone: +44 208 1900 340
E-mail: info@dascompany.co.uk
Registered by District Court for Kraków – Śródmieście in Kraków, 9th Division of the National Court Register under no 0000451571. The share capital: 1 825 000 zł.
Address:
Das Company sp. z o.o.
Przemysłowa 10
32-540 Trzebinia
§2
General provisions
1. Online store [further Store] sells through the Internet on the basis of this Regulations [further Regulations].
2. Consumer [further Customer] is a natural person who makes a legal action with the Store, which is not immediately connected to their business activity or professional activity (Civil code Art. 22).
3. Trader [further Trader] is a person/subject/organization who makes a legal action with the Store which is connected with their business activity or professional activity.
4. The Regulations are the integral part of the sale agreement between the Customer and Trader.
5. Merchandise available in the Store is free of physical flaws and legal flaws. The exceptions are the flawed merchandise, the flaw of which is clearly described in the content of the auctions. These items can be bought at the lower price.
§3
Orders
1. Orders can be placed by using the following methods:
through the form available on the Store's website (Customer's cart),,
through the e-mail available on the Store's website,
by phone, using the phone numbers available on the Store's website.
2. The condition for the order to be processed is as follows: the Customer/Trader is required to give the information to verify the Customer/Trader and the recipient of the merchandise.
The Store confirms the order by sending a message describing the merchandise to the e-mail address given during the placing of the order.
The Store has the right to refuse to accept the order, limit the methods of payment or require the advance payment when the order evokes doubts e.g. genuineness and honesty of the provided information or the method of payment.
3. Binding information for the parties is located on the Store's website and listed next to the merchandise in the moment of placing the order. These include: the price, the merchandise characteristics, parts of the set, dates and the delivery method.
4. Information located on the Store's website does not make an offer in the understanding of Civil Code. The Customer/Trader makes an offer of buying the specified merchandise when placing an order.
5. The Customer/Trader placing an order makes an offer of sale agreement for the ordered products.
6. After the order is placed a message with the information on the following stage of the order processing is sent on the e-mail provided by the Customer:
After the order is verified, the Store sends a message on the Customer's/Trader's e-mail address informing about the order being processed.
The information about the order processing is the Seller's statement on the accepting the offer, about which states the §3 section 5 above. In the moment when the order is placed by the Customer/Trader, the Sale Agreement is concluded.
7. After the conclusion of the Sale Agreement, the Store confirms its conditions through the Customer's/Trader's e-mail address or writing them down and sending to the address provided by the Customer/Trader.
8. In the case when the method of payment has not been chosen, the processing time will be counted from the moment when the funds for the order become recorded on the Store's bank account.
9. The Store is liable to the Customer/Trader on the basis of the warranty law regulated by the Civil Code from 23rd of April 1964 (Journal of Laws no. 16, item 93 with the changes) for the time period of 24 months (if the merchandise is brand new), or for the time period of 12 months (if the merchandise has been previously used). The exact description of the complaint process is located in the §6 of this regulations.
§4
Payment
1. The Customer/Trader has to choose from the following payment methods:
cash payment during the personal collection (cash),
payment on the delivery of goods.
2. The prices are specified in the summary of the order.
3. The merchandise can be collected on the condition that the price of it and the shipping is paid.
§5
Merchandise Shipment
1. The ordered merchandise is sent by the Store by the means of delivery companies or makes it available for collection in the branch of the Store located in:
Das Company sp. z o.o.
ul. Przemysłowa 10
32-540 Trzebinia
§6
Complaints
1. In the event when the merchandise is mismatched with the agreement, the Customer/Trader is required to send the merchandise with the description of the flaw to the Store. The shipping costs must be paid by the Customer/Trader. The merchandise should be send on the following address:
Das Company sp. z o.o.
ul. Przemysłowa 10
32-540 Trzebinia
2. The Store is required to take a position on the Customer's/Trader's complaint in the period of 14 days from the date the merchandise and the description of the flaw has been delivered back.
3. If the processing of the complaint results in sending the Customer/Trader new merchandise or removal of the flaw, the Store bears the shipping costs.
4. If the complaint is acknowledged, the Store returns the cost of shipping the merchandise incurred by the Customer/Trader.
5. Every Customer/Trader can make use of extrajudicial means of investigating the complaints and claim inquests.
In this range the Customer/Trader can use mediation. The list of abiding conciliators and the existing mediation centers are handed over and made available by the chairpersons of the appropriate District Courts. More information about settling the consumer disputes can be found on-line on http://www.uokik.gov.pl/spory_konsumenckie.php
6. The complaint form is available at: https://complaints.dascompany.com/
7. The Store is responsible on the basis of the warranty law regulated by the Civil Code from 23rd of April 1964 (Journal of Laws no. 16, item 93 with the changes) for the time period of 24 months (when the merchandise is brand new), or for the time period of 12 months (if the merchandise has been previously used).
8. The Customer/Trader in the moment when the flaw occurs may demand from the Store (within the guarantee law):
the replacement of the merchandise with the new one;
the repair of the merchandise;
price reduction;
withdrawal from the contract – if the flaw is substantial.
The Store is required to take a position on the Customer's/Trader's demand in 14 days from the date the demand has been delivered. The Store will take a position taking into consideration following circumstances:
ease and rate of replacement or repair;
nature of the flaw – substantial or negligible;
the fact if there have been previous complaints on the merchandise.
9. The Store can refuse the Customer/Trader the replacement or the repair of the merchandise on condition that the replacement or repair is impossible to accomplish (e.g. because the production of the spare parts or the whole merchandise has ceased) or in the comparison to the second of the possible demands would require excessive costs (e.g. the demand to replace the whole merchandise for the brand new one if the flaw occurs on the one part of low value). The Store can offer an alternative solution in this case.
§7
Right of withdrawal
1. The Customer has the right of withdrawal from the agreement without giving a reason on the basis of the act on the Consumer's Rights from 30th May 2014.
2. The right of withdrawal is valid if the Customer manages to send declaration of withdrawal within 14 days from the date of merchandise delivery. The declaration can be submitted on the form, example of which is an appendix to the Act of Consumer's Rights from 30th May 2014 (which is the appendix no. 1 to this Regulations) or via e-mail: info@dascompany.co.uk
3. The Customer returns the merchandise to the Store within 14 days from sending the declaration of withdrawal in. The Customer bears the cost of shipping.
4. The Store will verify the condition of returned merchandise in 3 days from the delivery.
5. The Store will return the funds using the same method of payment as the Customer has chosen. In the case of payment via debit card, the return will be transferred on the card.
6. In the case where the Customer has chosen the method of delivery that is other than the cheapest offered by the Store, the Store will not return the additional costs bore by the Customer. The Store will return only the cost of the cheapest method of delivery of the given merchandise to the Customer.
7. The Customer bears all the direct cost of the return (which may include the packaging, safety, postage).
8. The Customer is not entitled to the right of withdrawal in the following cases:
if the object of provision is an object non-prefabricated, produced according to the Customer's specification or serving their individual needs (e.g. the objects with an personalized print);
supply of the digital goods which are not saved on any physical medium if the supply started with the Customer's agreement, before the deadline of withdrawal and after the Store informs them about the loss of the right of withdrawal;
if the object of provision are the audio or visual recordings or computer software supplied in the sealed package, when the package was opened after delivery;
if the object of provisions is the object in the sealed package which cannot be returned after being opened after delivery due to health care or for reasons of hygiene;
the provision of services - if the Store delivered entirely with the clear Customer's agreement. The Customer has been informed beforehand that after the service is provided by the Store, they will lose the right of withdrawal;
if the price or the wages are dependant on the fluctuations on the financial market, over which the Store has no control whatsoever and which can occur before the deadline to withdraw from the contract;
if the object of provisions is an object which undergo rapid degradation, or which has short expiration date;
if the objects of provisions are items which after the delivery, because of their character are inseparably connected with other items;
if the objects of provision are the alcoholic beverages, the price of which was agreed upon in the Sale Agreement and the delivery of which can take place only after 30 days and which value is dependant on the fluctuations on the financial market over which the Store has no control;
if the Customer clearly demanded that the Store come to them to make an urgent repair or maintenance (if the Store additionally provides other services than these demanded by the Customer, or the Store delivers other merchandise than spare parts necessary for the repair or the maintenance - in this case the Customer is entitled to the right of withdrawal in reference to the additional services or objects);
delivery of newspapers, periodicals or magazines with the exception of subscription agreement;
agreed upon in the public auction;
the provision in terms of accommodation other than for living, the transport of belongings, vehicle lease, catering, leisure services, entertainment, sports or culture if the day of service provision has been stated in the agreement.
9. The Trader is not entitled to the right of withdrawal without giving a reason.
§8
Intellectual property
1. It is forbidden to use any of the materials published on the website of the Store (the photos and descriptions included) without a written permission.
§9
Privacy
1. The Customer, when placing an order consents to the processing of personal data solely for the purposes of order processing.
2. The processing of personal data takes place in accordance with the Act from 10h May 2018 on the personal data protection (Journal of Laws from 2018, no. 1000).
3. The customer has the right to access their personal data, to correct it, demand to cease their processing and to disagree with the processing.
§10
Entry into force and changes in the Regulations
1. The Regulations enter into force on the day it is published on the Store's website.
2. This Regulations can be changed.
3. The changes in the Regulations will be published on the Store's website.
4. The information about the changes in the Regulations will be send to the Customer/Trader on the e-mail provided in the order.
5. The changes in the Regulations enter into force after 14 days from its publication in a manner stated in the paragraph 3.
6. The Store acknowledges that the Customer/Trader has accepted the changes in the Regulations if they have not terminated the contract within the time period stated in the paragraph 5.
7. In the cases not regulated by the provisions of this Regulations, the Polish law will act, especially the rules of Civil Code and the Consumer's Rights Act from 30th May 2014.
