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Dekoratorium internet shop Terms and Conditions
Dekoratorium internet shop Terms and Conditions
I. GENERAL PROVISIONS
1. Whenever the following terms, written with an initial capital letter appear in the Terms and Conditions, they shall be understood as follows:
1.1 Contact form – a Website function, which may be used by Customers to contact the Seller in order to ask questions pertaining to Products and the progress of order processing.
1.2 Password – a series of alphanumeric characters defined by the Customer during Registration; it is required by a Customer to access the Account which they have set up.
1.3.1. a natural person with full capacity to enter into legal transactions;
1.3.2 a sole trader;
1.3.3 a legal person;
1.3.4 an organisational unit without a legal personality, which enjoys legal capacity pursuant to appropriate provisions; one which enters into a Purchase Agreement with the Seller by placing an Order at the Shop in accordance with the Terms and Conditions which is then approved or in another manner specified by the Terms and Conditions;
1.4 Civil Code - the Civil Code Act of 23 April 1964 (consolidated text Journal of Laws 2022, item 1360 as amended);
1.5 Consumer – a Customer who is a natural person and makes a purchase from the Shop or in another manner specified by the Terms and Conditions which is not directly related to their business or professional activity [pursuant to Article 22 of the Civil Code];
1.5.1 Sole trader – a Customer, making a purchase at the Shop or in another manner as prescribed in the Terms and Conditions directly associated with their business activity, when the concluded agreement states that it is not of a professional character with respect to that person and in particular in light of the business activity conducted by them, made available pursuant to the Provisions on the Central Registration and Information on Business.
1.6 Customer Account – a set of resources within the Seller's ICT system where Customer's details are held (and in particular associated with orders and complaints), with its unique username and password, available following Registration and once logged in through the Shop user's administration panel;
1.7 Product – every movable item available from the Shop, which is the subject-matter of a Purchase Agreement, in original, unopened packaging together with documents,
1.7.1 Provisions on the Central Registration and Information on Business – Act on the Central Registration and Information on Business and Business Information Point of 6 March 2018 (consolidated text Journal of Laws 2022, item 541 as amended);
1.8 Terms and Conditions – the present Shop Terms and Conditions;
1.9 Registration – a voluntary, one-off procedure entailing setting up an individual Customer Zone in the Shop (Customer Account); carried out in compliance with the Terms and Conditions through which a Customer may take advantage of the Shop's functions;
1.10 Shop – an internet shop accessible on dekoratorium.pl, through which a Customer may purchase from the Seller available Products by entering into a Purchase Agreement.
1.11 Company or Seller – Śnieżka Trade of Colours Sp. z o.o. z with its registered office in Warsaw (post code: 00-867) ul. Chłodna 51, NIP: 8722387389, REGON 180632944 entered in the Commercial Register of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, Division XIII Commercial of the National Court Register under KRS number: 0000373430, share capital, paid up in full: PLN 303,558,000.00, BDO number: 000499445, bank account number: 17 1240 4807 1111 0011 0290 2047;
1.12 Website – the Shop's internet site available on dekoratorium.pl (together with its pages);
1.13 Purchase Agreement – a purchase agreement for Products in the understating of the Civil Code, entered into by placing an Order with the Shop in accordance with the Terms and Conditions which is then approved or in another manner specified by the Terms and Conditions;
1.14 Order - a declaration of the Client’s will in the understanding of the Civil Code with the aim of concluding a Purchase Agreement.
2. Terms not defined in Title I paragraph 1 of the Terms and Conditions but used in the wording of the Terms and Conditions shall be understood as specified in an appropriate provision of the Terms and Conditions. Terms and Conditions headings shall have no bearing on the interpretation thereof.
3. Unless the context dictates otherwise, words in their singular from uses within these Terms and Conditions shall also encompass their plural meanings, and words in their plural form shall also encompass the singular meanings thereof.
4. The following are defined by the Terms and Conditions:
4.1. principles according to which the Company operates the Shop,
4.2. principles subject to which Customers use the Shop as well as terms for entering into and cancelling agreements for the provision of electronic services and use of electronic services via the Shop,
4.3. principles for presenting information on the Shop's Website,
4.4. principles for submitting Orders for Products available in the Shop,
4.5. principles for supplying ordered Products to Customers, principles for Customers paying for purchased Products,
4.6. Consumer's and Sole Trader's rights; Seller's obligations,
4.7. responsibility on account of implied warranty and consumer warranty,
4.8. information pertaining to the guarantee if such is granted for a given Product,
4.9 principles for submitting and processing complaints,
4.10. personal data protection regulations
4.11. information pertaining to Consumers or Sole Traders exercising the right to withdraw from a Purchase Agreement,
4.12. sample Purchase Agreement withdrawal form for a Consumer or Sole Trader,
4.13 principles for publishing opinions
5. The Terms and Conditions apply to Purchase Agreements concluded from 01.01.2023 by and between the Customer and the Seller via the Shop or in another form as prescribed for by the Terms and Conditions. The provisions of the Terms and Conditions in force until 31.12.2022 shall apply to Sales Agreements concluded before 01.01.2023.
6. Contacting the Seller is possible on working days, from Monday to Friday between 7:00 and 16:00:
6.1. by calling 14 630 66 22,
6.2. by sending an e-mail to firstname.lastname@example.org,
6.3. using the Shop contact form,
6.4. in writing – to Śnieżka Trade of Colours Sp. z o.o., Customer Service Department, ul. Dębicka 44, 39 – 207 Brzeźnica,
6.5. in person at the Company's address – Śnieżka Trade of Colours Sp. z o.o., Customer Service Department, ul. Dębicka 44, 39 – 207 Brzeźnica,
7. In matters not regulated herein the provisions of Polish law shall apply, and in particular of the Civil Code and The Consumer Rights Act of 30 May 2014 (consolidated text, Journal of Laws 2020, item 287 as amended), hereinafter referred to as: “The Consumer Rights Act” – to Consumers, and insofar as Chapters 4 and 5a of the Act are concerned, to Sole Traders.
8. For a Customer to effectively place an order with the Shop it is necessary to read and accept the Terms and Conditions in advance and to observe the provisions specified therein. A Customer accepting the Terms and Conditions is tantamount to accepting the terms of sale stemming from it and obliges the Customer to observe the rules stipulated therein.
II. PROVISION OF ELECTRONIC SERVICES
1. The Seller, via the Website provides the following electronic services free of charge:
1.1. Contact Form (including Product Query, Complaint Form);
1.2. Placing orders with the Shop;
1.3. Maintaining a Customer Account with the Shop;
1.4. Newsletter mailing;
1.5. Generating a link to the shopping cart enabling it to be shared with friends;
2. The Contact Form service entails sending a specific message to the Seller via a form available on the Website. To render the service referred to in the previous sentence it is necessary to enter into the contact form data marked as required and/or necessary (at the very least) and indicate the reason for sending the message.
3. The placing orders with the Shop service entails a Customer submitting an Order for a Product making use of the Shop's functions, and for Customers who have Registered also using the Customer Account functions. Submitting orders via the Shop constitutes an acceptance of a quote and results in entering into a Purchase Agreement subject to the provisions of par. 2 Title V of the Terms and Conditions.
4. The maintaining a Customer Account with the Shop service is only available following completion of Registration pursuant to the terms specified in the Terms and Conditions and entails granting a Customer access to a dedicated zone within the scope of the Shop, where a Customer can place Orders, submit complaints, conclude Purchase Agreements, edit data provided at Registration and also to keep track of Order status and see the history of completed Orders.
5. In order to Register with the Shop (to set up a Customer Account) it is necessary to complete the registration form, define a Password and accept the Terms and Conditions.
6. The Seller reserves the right to modify the technical manner in which functions of the Website are performed, including the Customer Account and its functions, appropriately to the scope and terms stemming from permissions held, and according to the available technical facilities, without deteriorating their quality and without impacting the Parties' scope of rights and obligations.
7. A Customer shall be fully responsible for their actions taken on the Website and in particular shall be obliged to:
- use the Website in a manner such that other Customers and the Seller are not inconvenienced, and in particular to observe the prohibition against providing content via electronic means of communication which would interfere with work or overload ICT systems or breach third party rights, generally adopted social standards or not in accordance with the regulations as in force at present,
- refrain from any type of activity whatsoever which might impact the correct functioning of the Website, including in particular from any interference whatsoever with the Website's content or its technical elements,
- refrain from using the Website for purposes other than its designated use, including in particular sending spam, engaging in any form of commercial, advertising, promotional etc. activities via the Website,
- use the Website in a manner complaint with the provisions of law in force within the territory of the Republic of Poland, provisions of the Terms and Conditions and according to good practices.
8. A Customer may terminate the agreement for maintaining a Customer Account effective immediately without stating reasons for the termination, by deleting the Account referred to in paragraph 10 and 11 herein below or by sending an appropriate notice by electronic mail to the Seller's address: email@example.com. For termination notices sent via electronic mail the Seller shall delete the Customer Account immediately upon receipt thereof.
The Seller may terminate the agreement for maintaining a Customer Account at any time and without stating a reason subject to information pertaining to the above being sent to the Customer's e-mail address provided within the Account 14 days prior to the scheduled Account deletion. Regardless of the above, the Seller may terminate the aforementioned agreement with immediate effect if:
- the purpose of Registering or using the Customer Account is clearly contrary to the Website's functioning principles and purpose;
- the Customer's activities are in breach of the regulations as in force at present, moral standards or infringe third party rights;
- it receives reliable information pertaining to an illegal character of the provided data or associated activity and has notified the Customer in advance;
- the Customer sends unsolicited commercial information or breaches the provisions of the Terms and Conditions in a flagrant or permanent manner;
- the data provided by the Customer raise objectively justified doubts as to their correctness or truthfulness and it proved impossible to dispel these doubts through telephone or e-mail contact;
- the Customer was inactive and in particular did not place an Order or did not login to the Account during the last two years.
10. If a Customer Account is deleted, it will no longer be possible to use the functions of the Customer Account or to login, including in particular to place Orders via the Customer Account, keep track of Order history, edit Account data. However, deleting the Customer Account shall not impact the performance of Purchase Agreements already entered into, unless the parties decide otherwise.
11. In order to delete a Customer Account from the Shop, press the "Deactivate Account" button in the Customer zone. The Customer Account shall be deleted once the "Confirm" button is pressed. After an account is deleted, the Customer's details shall be anonymised. The Customer may register a new Customer Account in the future using the same e-mail address used to set up the previous, Customer Account which has been deleted.
12. The Newsletter mailing service entails sending, to an e-mail address specified by the Customer, requested commercial information in the form of advertising and promotional materials, tailored special offers as well as information pertaining to the Company's products and services. The service is provided pursuant to the terms set forth in the Newsletter Service Terms and Conditions. This service may be cancelled at any time by clicking on the Newsletter subscription cancellation link or by sending a cancellation notice to the Company's e-mail address specified in the Newsletter Service Terms and Conditions.
13. The service wherein a link to the shopping cart is generated enabling it to be shared with friends entails a Customer creating an active link to a website which contain information on the created shopping cart (shopping list). This function copies the shopping cart's URL to the clipboard. The link to the shopping cart will be available for 7 days, unless the shopping cart is changed or deleted by the Customer. The Customer may send such a URL to a chosen person via their e-mail client or messenger.
II.  PUBLISING REVIEWS
1. The Seller allows Customers to share their subjective Product reviews, as well as their opinions about the course of purchase transactions carried out in the Shop.
2. The Seller obtains reviews for Products purchased in the Shop, as well as opinions about the course of purchase transactions completed in the Shop using the services of eKomi Ltd., Berlin, Markgrafenstr. 11, 10969 Berlin, HRB 114654 B (Charlottenburg, Berlin) and the company Fabryka e-biznesu sp. z o.o. with its registered office in Rzeszów, ul. Trembeckiego 11A, 35-234 Rzeszów - hereinafter jointly referred to as "Partners" or individually as "Partner".
3. Sharing reviews shall be tantamount to accepting the provisions of Title II.  of the Terms and Conditions.
4. On the Shop website the Seller provides Customers access to Product revies, as well as their opinions about the course of purchase transactions carried out in the Shop.
5. All Product reviews posted on the Shop's website come from customers who have purchased the Product in question, as confirmed by the wording next to the review: “Review based on a purchase”
6. In order to write a review for a Product or Products purchased through the Shop or to express an opinion on the course of a purchase transaction carried out in the Shop, the Seller, after concluding a Purchase Agreement with a Customer and after the expiry of the period for withdrawal from the concluded Purchase Agreement, sends, via the Partner, an e-mail message to the Customer containing a link to a website, which the Customer may use to publish a subjective review of a Product purchased in the Shop and to write opinion on the course of a purchase transaction carried out in the Shop.
7. A review contains a rating and a comment. It is not possible to submit a review on the basis of a rating alone, without adding a comment.
8. A verified Product review or opinion a purchase transaction carried out through the Shop is published on the Shop's website after the expiry of the deadline for withdrawal from a Purchase Agreement.
9. Customer reviews posted on the Shop's website are signed with the name given by the Customer.
10. It is also possible to share a Product review using a form provided by one of the Seller's Partners. Product reviews may then be posted by a customer who has purchased the Product via the Shop or from a brick and mortar store. In order to add a Product review using the form provided by the Partner, the customer must provide proof of purchase of the Product, such as a receipt or invoice.
11. A Customer may not publish graphics files, photographs, files or links to other websites as part of a review.
12. A Customer may not edit or delete a previously shared review. A Customer wishing to edit or delete an opinion should contact the Seller on firstname.lastname@example.org or the e-mail address provided by the Seller’s Partner. The Seller, by itself or vie the Partner, shall then edit or delete the review within 14 days of receiving an e-mail message from the customer.
13. In publishing a given review, a Customer voluntarily disseminates it. With respect to the content of the review, the Seller acts as an entity providing ICT facilities and is not a provider of the content.
14. A Customer is solely responsible for the review content they publish. It is forbidden to publish a review which is in breach of the law, contrary to common decency (e.g. use of vulgarisms, terms generally considered insulting, content promoting violence, hate speech, disrespecting to religious feelings or of a pornographic nature), infringes personal rights of third parties, infringes the rights of third parties including intellectual property rights, company secrets, of an abusive nature and which might constitute an unlawful threat, contrary to the Seller's interests (e.g. which constitutes a direct or indirect advertisement of Products or entities which are the Seller's competitors).
15. It is not permitted for customers to post reviews unrelated to the Product purchased or the transaction carried out through the Shop.
16. Posting of reviews by customers for the purpose of influencing the overall assessment of the Product or the Shop is not permitted, in particular where a purchase agreement has been concluded by the customer for the sole purpose of giving a positive or negative opinion of a Product or a transaction carried out in the Shop.
17. The Seller is not obliged to publish reviews uploaded by a Customer.
18. The Seller shall have the right to verify the review content. In particular this applies to content which, on the basis of reports by third parties or appropriate authorities, is considered as potentially in breach of the Terms and Conditions or regulations as in force at present. The right to verify the review content does not however imply an obligation on the part of the Seller to control the published content in advance.
19. In publishing and providing a review, the Customer declares that they are the sole author of the content, they have full rights to use the works which constitute the content, they consent to the Seller and other Website users having access to the content.
20. By posting a review, the Customer grants the Seller a free, non-exclusive, time and territory unlimited licence, with the right to grant further licences, to use the content of the review by making it available via the Shop and other media and publications, in the following fields of use:
- within the scope of saving and copying works - making copies of works using a given technique, including printing, reprography, digital or magnetic recording;
- within the scope of commercial usage of the original or copies of the saved works - marketing, use or rental of the original or copies thereof;
- within the scope of disseminating the works in a manner other that identified in b) - public performances, exhibiting, displaying, reproducing and transmitting and re-emitting as well as making the works available in a manner so that it is accessible by anyone at a time and place chosen by them.
21. By posting a review, the customer grants the Seller a free, non-exclusive, time and territory unlimited licence, with the right to grant further licences, to use the content of the opinion in making it available via the Shop and other media and publications, in the above fields of use.
III. USING THE SHOP AND THE WEBSITE: GENERAL PRINCIPLES
1. Use of the Shop requires a device with internet access such as a computer, tablet, smartphone, etc. and software for browsing internet resources such as Internet Explorer (Microsoft Edge version 18.17763 or more recent), FireFox (version 70.0 or more recent), Opera (version 64.0 or more recent), Chrome (version 78 or more recent), Safari (version 12.1 or more recent with the latest versions of JAVA and FLASH installed). Recommended monitor horizontal resolution: more than 1024 pixels. To ensure full compatibility with our websites and services an internet browser has to satisfy the following requirements in terms of functionality:
- The browser has to accept cookies.
- The browser has to be compatible with 256-bit SSL encryption.
2. Browsing the Website, e.g., obtaining information about Products, the Seller, checking availability of Products in the Shop, placing Orders, generating a link to the shopping cart, publishing Product opinions and subscribing to the Newsletter does not require one to Register.
3. An active e-mail accent is required to be able to place Orders with the Shop.
4. Once Registration is complete, a Customer is authorised to use the internet Shop in accordance with its designation. All attempts to use the Shop for purposes other than those specified in the Terms and Conditions and in particular in this paragraph (such as using the photographs published on the website for their own commercial benefit, interfering with the software used by the Seller to operate the Shop) are strictly forbidden.
5. The Seller announces that the public nature of the internet and using electronic services may entail a risk associated with unauthorised persons acquiring and modifying Customer data. Therefore, Customers should employ appropriate measures which will limit the risk. In particular the use of anti-virus software is recommended.
6. The Seller may block access to a Customer's Account if the Customer breaches the provisions of law or the provisions of the Terms and Conditions and also if blocking access to a Customer Account and/or services as referred to in title II of the Terms and Conditions is justified by safety considerations. Access to a Customer Account and/or services as referred to in the previous sentence shall be blocked for the specified reasons for a period necessary to solve the issue which constitutes basis for blocking access to the Customer Account and/or services. If access to a Customer Account and/or services is blocked, the Seller notifies the Customer electronically to the address provided by the Customer within the Customer Account.
7. The Seller stipulates a possibility of temporary interruptions to the operation of the Website or provision of services as referred to in title II of the Terms and Conditions for technical reasons (including development and maintenance works, faults, repairs, etc.) for a period required to solve the issue constituting the cause of the interruption.
IV. INFORMATION ON PRODUCTS AND OTHER INFORMATION PROVIDED IN THE SHOP
1. The information presented in the Shop does not constitute an offer in the understanding of Article 66 § 1 of the Civil Code, but rather an invitation to conclude an agreement.
2. All Product prices quoted by the Seller are in Polish zlotys and constitute gross prices (inclusive of VAT).
3. Product prices do not include delivery costs which are specified in the delivery price list and depend on the delivery method for the products subject to a Purchase Agreement.
4. The Seller reserves the right to carry out the following on an on-going basis:
4.1. change prices of Products presented in the Shop,
4.2. update information on Products prices presented in the Shop,
4.3. withdraw given products from the Shop's range of products and services,
4.4. add new products to the Shop's range of products and services.
4.5. change delivery prices.
5. Events referred to in title IV par. 4 of the Terms and Conditions do not constitute an amendment to the Terms and Conditions.
6. The Seller stipulates the following: particular information presented on the Shop Website (regardless of the form in which they are expressed, e.g. a photograph) may be protected by the provisions of law, for example the Copyright and Neighbouring Rights Act of 4 February 1994 (consolidated text Journal of Laws No. 2021, item 1062 as amended) or the Industrial Property Law of 30 June 2000 (consolidated text Journal of Laws of 2021, item 324 as amended). In particular this pertains to trade names, trademarks, packaging patterns.
7. The Seller stipulates that use of the internet subject to terms other than those specified in title IV par. 1 of the Terms and Conditions but also some device configurations as well as use of third party software which affects the operation and functioning of Internet Explorer, FireFox, Opera, Chrome and Safari internet browsers may cause the internet Shop Website not to be displayed correctly. In some cases, it might be necessary to close certain programmes or to change your device settings. The Seller stipulates that visualisations of products shown on the Shop Website may differ from the Product's actual appearance and depends, amongst others, on the settings of the device used by a Customer to take advantage of the Shop Website's functions
8. For statistical purposes the Internet Shop Website uses cookie files, i.e., information saved by the server on the Customer's end device, which are then accessed every time the internet browser is detected. The Customer may change the browser setting to disable cookies or receive a notice every time cookies are sent. The Seller stipulates that disabling cookies may hinder the use of the Shop. Customers using browsers with enabled cookies is tantamount to a consent to write the aforementioned files to that Customer's device. For more information on the Company's cookies policy see https://www.dekoratorium.pl/sklep/polityka-prywatnosci-cookies/
V. SUBMITTING ORDERS, REGISTRATION
1. Orders may be placed via the Shop Website, by e-mail, or by telephone.
2. An order may only be placed with the Shop upon acceptance of the Terms and Conditions.
3.To conclude a Purchase Agreement, a Customer has to place a complete Order via the Shop Website or in another manner as prescribed for in the Terms and Conditions.
4. Registration is not necessary to place an Order. Customers without a Customer Account can place orders using the Shop Website's facilities.
5. If a Customer does have an Account, an Order is placed using the Account and requires the Customer to log into their Account by entering into the login form the e-mail address and Password provided during Customer Account registration
6. Placing an Order on the Shop Website takes place by performing all of the following actions:
- select Product/Products and/or select colour and/or Product size (if applicable), number of Product pieces or given Products and click "Add to cart" in the Shop.
- complete the Order form, select the delivery address and method, form of payment;
- Terms and Conditions to be accepted;
- confirm Order by clicking on the "Confirm and pay" button,
7. Orders may be placed with the Shop 24 hours a day using the Shop Website facilities.
8. For orders placed with the Shop, the Customer completing and submitting an Order form constitutes a bid. The Seller confirms that an Order has been accepted for processing via a message sent to an e-mail address specified by the Customer and leads to a Purchase Agreement being concluded.
9. For telephone orders, Order acceptance conformation takes place via an electronic message sent to the provided e-mail address. Telephone order acceptance confirmation constitutes an acceptance of the Customer's bid and also represents the moment a Purchase Agreement is entered into.
10. Telephone Orders can be placed on telephone numbers provided on the Shop Website. In such an event the Seller provides the Customer who is a Consumer or a Sole Trader information on the primary traits of the Seller's services, the Seller's designation, information about the total price of a Product and cost of delivery, information on the right to withdraw from the Agreement.
11. For placing a telephone Order, the Customer is obligated to:
11.1. provide the shop staff member with necessary Order details, including in particular:
11.1.1. the ordered Product/Products (out of those available in the Shop);
11.1.2. quantity, type and colour of given ordered Products;
11.1.3. delivery method and payment form;
11.1.4. if the Customer is a natural person – their personal data within the scope reflecting that for Orders placed via the Shop;
11.1.5. if the Customer is a Sole Trader – information on whether the Purchase Agreement is directly associated with their business activities and whether such an agreement is concluded in conjunction with their professional operations in particular stemming from the subject of the business activity carried out by them as made available by the Central Registration and Information on Business.
12. An order placed by telephone requires for the Customer to agree for the telephone call to be recorded, of which the Customer will be informed at the beginning of the call, and to accept these Terms and Conditions. The Customer may also provide an e-mail address to which an electronic invoice and information concerning the status of the Order will be sent.
13. Orders may be placed by the Customer by e-mail only with respect to specific groups of FOVEO-TECH Products (paints and plasters) manufactured according to the Customer’s specifications (a custom order), which are marked in a special way in the Shop.
14. Prior to placing an Order, the Customer shall send the Seller, to email@example.com, an inquiry concerning the object of the Order, i.e. the Product to be ordered. In response, the Seller shall provide the Customer with information concerning the Product, the main elements of the service provided by the Seller, the total price for the Product and for Product delivery, information concerning the right to withdraw from the agreement, and information that placing an Order by e-mail creates on obligation to pay for the Order.
15. If the Customer is interested in placing an Order, they shall send the Order by e-mail to firstname.lastname@example.org. Placing the Order means that the Customer has read and understood and accepts these Terms and Conditions. The scope of an Order placed by e-mail is specified in section 11; however, the Customer does not have to specify the form of delivery and the form of payment in the Order since for Orders placed by e-mail, those are specified in these Terms and Conditions. In addition to the information specified in section 11, the Customer who is a Consumer or a Sole Trader shall make the following representation: “I have been advised that placing the Order results in an obligation to make the payment.”
16. In the event of Orders placed by e-mail, if the Customer sends an Order, this shall mean making an offer. The Seller shall confirm the Order in the form of an e-mail sent to the Customer’s e-mail address from which the Order was sent, resulting in the execution of a Purchase Agreement.
17. The Customer shall be responsible for the accuracy of data provided within the scope of an Order.
18. In accepting the Terms and Conditions the Customer consents to the Shop issuing and providing invoices electronically in accordance with Article 106n par. 1 of the VAT Act of 11 March 2004 (consolidated text, Journal of Laws 2022, item 931 as amended), which is tantamount to foregoing paper based invoices which however does not exclude the Shop's right to issue invoices in that form. A Customer may download an electronic invoice within 5 calendar days of the Shop issuing it. During that period the invoice will be available under a link sent by the Shop to the Customer to their e-mail address after the Customer provides the e-mail address and order number. After the aforementioned invoice link expires, a link to the electronic invoice may be sent to the Customer's e-mail address again once this is reported to the Shop via an e-mail message to email@example.com The link to an electronic invoice sent once again by the Shop to the Customer expires after 5 calendar days from the time the Customer receives it. The Customer may repeat their request to the Shop for a link to an electronic invoice. The above principles applicable to requesting another link and its availability apply respectively. The Customer may opt for invoices not to be issued or provided electronically by reporting such a request to the Shop via an e-mail message. If a Customer placing a telephone Orders does not provide an e-mail address, the invoice shall be delivered in paper form. Paper invoices are sent to the correspondence address provided at registration, and for Orders placed without registering or for telephone Orders – to an address specified when placing the Order.
VI. PAYMENT PRINCIPLES
1. The Customer may choose the form of payment and the form of delivery of the Product in accordance with these Terms and Conditions, the information provided in the Order form, the information provided in the e-mail (in the case of an Order placed by e-mail), or the information provided by the person accepting the Order on behalf of the Seller (in the case of an Order placed by telephone). Information concerning the available forms of delivery of the Products, the limitations in terms of deliveries, and the accepted forms of payment is available on the Shop Website.
2. The Seller accepts the following forms of payment for Orders placed via the Shop:
- bank transfer – to the Seller's bank account (Poland, abroad),
- cash on delivery – cash paid upon product delivery (Poland)
- trusted online payments.
3. The Seller accepts the following forms of payment for telephone orders:
- bank transfer – to the Seller's bank account (Poland, abroad),
- payment in cash at the moment of pick-up by the Customer (Poland).
3.. The Seller accepts the following forms of payment for Orders placed by e-mail:
- bank transfer – to the Seller's bank account (Poland, abroad),
- trusted online payments.
4. COD Orders shall be fulfilled immediately. Orders paid for by bank transfer or using an electronic payment system shall only be fulfilled once the payment is credited to the Seller's bank account.
5. For a payment method referred to in title VI.2.a or c, payment should be made to a bank account specified by the Seller for a give Order when placing the Order. For a payment method referred to in title VI.2.a or c, if the Customer does not make the payment within 7 calendar days of placing the Order then the Order shall be cancelled.
6. Orders are payable for in Polish zloty only.
7. The Seller stipulates that some forms of payment may entail additional costs, including in relation to currency exchange, in amounts as specified by operators and/or entities handling payments in relevant price lists and/or terms and conditions.
VII. DELIVERY OF PRODUCTS
1. Products can only be delivered within the Republic of Poland. Delivery costs are quoted when ordering.
2. Due to a turnover of stock levels, the Seller stipulates the possibility that some or all Products may be out of stock (as well as some or all of the Products with parameters defined by the Customer) subject to the Order. In such a situation the Seller shall immediately contact the Customer ion order to postpone Order delivery, partial Order delivery or to cancel the Order.
3. Ordered Products shall be delivered to the address specified on the Order Form.
4. The seller reserves the right to fulfil larger orders in separate parts.
5. The delivery of FOVEO-TECH Products manufactured and customized in accordance with the Customer’s individual Order and ordered in accordance with sections V.13–V.16 of these Terms and Conditions shall take place exclusively via a courier company.
VIII.COMPLAINTS BY A CUSTOMER WHO IS NOT A CONSUMER OR A SOLE TRADER
1. For a Customer who is not a Consumer or a Sole Trader, the application of provisions pertaining to warranty for defects as specified in the Civil Code shall be excluded.
2. The Seller is authorised by the manufacturer to accept guarantee complaints by means of a complaint form. The manufacturer bears liability under the guarantee. In the event of a guarantee complaint, further communication on the complaint will be handled by the Guarantee and Complaints Customer Service.
3. Guarantee complaints by a Customer who is not a Consumer or a Sole Trader shall be submitted:
- in the form of a written complaint declaration sent to the Seller's correspondence address, or
- in the form of an e-mail message, sent to firstname.lastname@example.org, or
- using a complaint form at the Shop (only available for customers with a Customer Account).
4. If a Customer who is not a Consumer or Sole Trader has purchased a product directly from a seller other than the Seller, and the product in question is covered by the manufacturer’s guarantee – Fabryka Farb i Lakierów Śnieżka S. A or RAFIL S.A., submitting a complaint in accordance with the procedure specified in paragraph 3 shall be treated as a complaint under the guarantee. In such an event the rights of a customer who is not a Consumer or a Sole Trader shall be set forth in the guarantee terms.
5. The manufacturer's period for processing guarantee complaints is set out in the guarantee terms for individual Products. For the wording of the guarantee applicable to given products see https://www.dekoratorium.pl/pl/returnsAndComplaintsPag
6. Detailed information on the complaints process is available on the Website, from the Helpline or at the Seller.
7. The Seller confirms receipt of a complaint notification and provides on the completion of a complaints process, in particular within the Customer Account or by e-mail, telephone or text message.
8. By accepting the Terms, a Customer who is not a Consumer or a Sole Trader undertakes to indicate at the complaint stage details of the VAT invoice on the basis of which they purchased the Product under complaint.
VIII . COMPLAINTS BY A CONSUMER OR A SOLE TRADER
1. The Seller shall be liable to the Customer who is a Consumer or a Sole Trader if the Product is not in conformity with the Purchase Agreement (consumer warranty). Furthermore, the Seller is authorised by the manufacturer to accept guarantee complaints by means of a complaint form. The manufacturer bears liability under the guarantee. In the event of a guarantee complaint, further communication on the complaint will be handled by the Guarantee and Complaints Customer Service.
2. The Seller shall be liable if a Product is not in conformity with the Purchase Agreement within the scope and according to the principles as defined in the Consumer Rights Act with respect to Customers who are Consumers or Sole Traders.
3. The Seller shall be liable with respect to the Consumer or sole trader for any lack of conformity of the Product with the Purchase Agreement existing at the time of its delivery and discovered within two years from that time, unless the Product's expiry date as specified by the Seller is longer. Any lack of conformity of the Product with the Purchase Agreement that becomes apparent before the expiry of a two year period from the delivery of the Product shall be presumed to have existed at the time of delivery, unless the contrary is proven or this presumption cannot be reconciled with the specific nature of the Product or the nature of the lack of conformity of the Product with the Purchase Agreement.
4. A Consumer or a Sole trader, submitting a Product complaint on account of consumer warranty is obligated to specify their demand in accordance with the Consumer Rights Act.
5. The Seller may replace the Product when the Customer who is a Consumer or a Sole Trader requests a repair, or the Seller may repair the Product when the Customer who is a Consumer or a Sole Trader requests a replacement, if bringing the Product into conformity with the Purchase Agreement in the manner chosen by the Customer who is a Consumer or a Sole Trader is impossible or would require excessive costs for the Seller. If repair or replacement are impossible or would require excessive costs for the Seller within the meaning of the Consumer Rights Act, the Seller may refuse to bring the Product into conformity with the Sales Agreement.
6. The Seller shall repair or replace the Product within a reasonable time from the moment the Seller was informed by the Customer who is a Consumer or a Sole Trader of the lack of conformity with the Purchase Agreement, and without undue inconvenience for the Customer who is a Consumer or a Sole Trader, taking into account the specific nature of the Product and the purpose for which the Product was purchased. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
7. The Consumer or Sole Trader shall make the Product to be repaired or replaced available to the Seller. The Seller shall collect the Product from the Consumer or Sole Trader at its own expense.
8. The Customer who is a Consumer or a Sole Trader shall not be obliged to pay for the mere use of the Product which is subsequently replaced.
9. If the Product is not in conformity with the Purchase Agreement, the Customer, who is a Consumer or a Sole Trader, may submit a declaration to reduce the price or withdraw from the Purchase Agreement, when:
- the Seller has refused to bring the Product into conformity with the Purchase Agreement in accordance with paragraph 5,
- the Seller has failed to bring the Product into conformity with the Purchase Agreement in accordance with paragraphs 6 -7,
- the Product's non-conformity with the Purchase Agreement prevails even though the Seller has tried to bring the Product into conformity with the Purchase Agreement;
- 4) non-conformity of the Product with the Purchase Agreement is so significant that it justifies a reduction of the price or withdrawal from the Purchase Agreement without first exercising the right to repair or replace the Product not in conformity with the Purchase Agreement;
- 5) it is clear from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the Purchase Agreement within a reasonable time or without undue inconvenience for the Customer who is a Consumer or a Sole Trader.
10. The Seller shall return to the Customer who is a Consumer or a Sole Trader the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the declaration of the Customer who is a Consumer or a Sole Trader on price reduction, whereby the reduced price must remain in such proportion to the price resulting from the Purchase Agreement as the value of the Product which is not in conformity with the Purchase Agreement remains to the value of the Product which is in conformity with the Purchase Agreement.
11. A Customer who is a Consumer or a Sole Trader may not withdraw from the Purchase Agreement if the lack of conformity of the Product with the Purchase Agreement is insignificant. Non-conformity of the Product with the agreement shall be presumed to be significant.
12. If the non-conformity with the Purchase Agreement relates only to some of the Products delivered under the Purchase Agreement, the Customer who is a Consumer or a Sole Trader may withdraw from the Purchase Agreement only in respect of those Products, as well as in respect of other Products purchased together with Products not conforming to the Purchase Agreement, if the Customer who is a Consumer or a Sole Trader cannot reasonably be expected to agree to retain only Products conforming to the Purchase Agreement.
13. In the event of withdrawal from the Purchase Agreement, the Customer who is a Consumer or a Sole Trader shall immediately return the Product to the Seller at its expense. The Seller shall reimburse the price to the Customer who is a Consumer or a Sole Trader immediately, but no later than within 14 days from the date of receipt of the Product or proof of its return.
14. The Seller shall refund the price using the same method of payment used by the Customer who is a Consumer or a Sole Trader, unless the Customer who is a Consumer or a Sole Trader has expressly agreed to a different method of refund that does not incur any costs for the Customer.
15. The Customer who is a Consumer or a Sole Trader may withhold payment of the price until the Seller has fulfilled its obligations under paragraphs 5 to 14.
16. Guarantee complaints pertaining to a Product, both on account of consumer warranty and guarantee, by a Customer who is not a Consumer or a Sole Trader shall be submitted:
- in the form of a written complaint declaration sent to the Seller's correspondence address, or
- in the form of an e-mail message, sent to email@example.com, or
- using a complaint form at the Shop (only available for customers with a Customer Account).
17. If a Customer who is a Consumer or Sole Trader has purchased a product directly from a seller other than the Seller, and the product in question is covered by the manufacturer’s guarantee – Fabryka Farb i Lakierów Śnieżka S. A or RAFIL S.A., submitting a complaint in accordance with the procedure specified in paragraph 5 shall be treated as a complaint under the guarantee. In such an event the rights of a customer who is a Consumer or a Sole Trader shall be set forth in the guarantee terms.
18. Complains on account of consumer warranty shall be processed within 14 days of the Seller receiving the Product in question. The manufacturer's period for processing guarantee complaints is set out in the guarantee terms for individual Products.
19. The Seller confirms receipt of a complaint notification and provides on the completion of a complaints process, in particular within the Customer Account or by e-mail, telephone or text message.
20. Detailed information on the complaints process is available on the Website, from the Helpline or at the Seller.
21. Some products sold by the Company may be covered by a manufacturer's guarantee.
22. The right on account thereof are specified in the wording of the guarantee and by the provision of the Polish Civil Code. For the wording of the guarantee applicable to given products see https://www.dekoratorium.pl/pl/returnsAndComplaintsPag
23. A Consumer or Sole trader may exercise their rights on account of consumer warranty independently from the rights stemming from the guarantee.
24. Performance of guarantee right does not affect the Seller's responsibility on account of consumer warranty. However, if the purchaser exercises their guarantee rights, the running of the period for exercising consumer warranty rights shall be suspended on the day the Seller is notified of a defect. The running of the said period shall recommence from the day the guarantor refuses to perform the obligations stemming from the guarantee or the time for their remedy lapses ineffectively.
X. PERSONAL DATA PROTECTION
1. The Controller of the Customers' personal data is Śnieżka Trade of Colours Sp. z o.o. with its head office in Warsaw ul. Chłodna 51, 00-867 Warsaw, Mazowieckie province, entered into the Commercial Register of the National Court Register held by the District Court for the capital city of Warsaw in Warsaw, XIII National Court Register Division under KRS number 0000373430, NIP: 8722387389, REGON 180632944, BDO No.: 000499445, initial capital: PLN 303,558,000.00.
2. The Customer's personal data shall be processed, amongst others, for the purpose associated with the proper provision of electronic services as well as associated with concluding and performing a Purchase Agreement as well as the provision of after-sales services.
3. All information pertaining to the processing of Customers' personal data can be found here: https://www.dekoratorium.pl/pl/processingPersonalData
XI. COMPLAINTS PERTAINING TO THE FUNCTIONING OF THE WEBSITE AND THE SHOP
1.The Seller ensures correct operation of the Website and Shop and undertakes to remedy defects or interruptions to the operation thereof reported by Customers.
2. The Seller shall not be responsible for technical problems, including data transfer speed of the ICT system and IT infrastructure used by a Customer.
3. A Customer may notify the Seller regarding all defects or interruptions in the operation of the Website and Shop using the contact form or by calling the Helpline.
4. A complaint should include the Customer's personal data and the date on which the causes of the complain arose.
5. The Seller shall not be responsible for complaints pertaining to trusted on-line payments. The Customer should submit a complaint to the operator of trusted on-line payments pursuant to the given entity's terms and conditions for the provision of service.
6. The Seller shall respond to a complaint pertaining to the Website and Shop within 30 days of receiving it in paper format or another permanent data storage medium.
XII. OUT OF COURT METHODS FOR CONSIDERING COMPLAINTS AND PURSING CLAIMS
1. A Consumer is entitled to use out of court methods for considering complaints and pursing claims. In particular a Consumer has the right to:
- approach a court of arbitration by provincial inspector's offices as referred to in Article 37 of the Commercial Inspection Act of 15 December 2000 (consolidated text Journal of Laws of 2020, item 1706 as amended) to adjudicate a dispute stemming from a concluded Agreement. The organisation and operation of permanent courts of arbitration is defined by the Minister of Justice Resolution of 6 July 2017 on defining the terms and conditions for the organisation and operation of permanent courts of arbitration by provincial inspector's offices (Journal of Laws of 2017.1356),
- approach provincial Trade Inspection inspector pursuant to Article 36 of the Trade Inspection Act of 15 December 2000 (consolidated text Journal of Laws of 2020, item 1706 as amended) for instigating mediation proceedings for an amicable settlement to a dispute between a Consumer and the Seller. Information pertaining to the mediation principles and procedures conducted by a provincial Trade Inspection inspector is available on the websites of given Provincial Trade Inspection Offices,
- approach a regional (municipal) consumer spokesman or a social organisation, which has consumer protection as one of its statutory tasks (such as the Consumer Federation, Polish Consumers' Association), for free legal assistance within the scope of settling a dispute with a Service Provider.
- Detailed information pertaining to the Consumer's options within the scope of taking advantage of out of court methods for processing complaints and pursuing claims as well as the principles for accessing these procedures is available at the premises of and on websites od regional (municipal) consumer spokesmen offices, social organisations which have consumer protection as one of their statutory tasks, Provincial Trade Inspection Offices and on the following Office of Competition and Consumer Protection websites:
- Making use of out of court methods for resolving complaints and pursuing claims is of a voluntary nature and only feasible if both parties to a dispute consent to it. The above provision is of an informative nature and does not constitute the Seller's consent to participle in out of court methods for resolving complaints and pursuing claims (resolving disputes).
XIII. FINAL PROVISIONS
1. These T&C are effective as of 01.01.2023.
2. In the event of a dispute, a Consumer may, according to their choice, either apply for mediation or bring a claim against the Seller before an appropriate common court.
3. All disputes between the Seller and a Customer who is not a Consumer shall be settled by a court with jurisdiction over the Seller's heads office.
4. The Seller is entitled to unilaterally amend the Terms and Conditions in the event of adding new functions or launching new versions of the Shop of Website, in the event of legal or organisational changes for the Seller and also in the event of changes to the provisions of law which apply to the Website or the Shop.
5. An amendment to the Terms and Conditions takes place by informing Customers regarding the Terms and Conditions amendment via e-mail. With respect to Customers using the services referred to in the Terms and Conditions, the Terms and Conditions become effective within 14 days of notifying Customers of the Terms and Conditions amendment, as long as the agreement for the provision of electronic services is not terminated within that period of time.
- Terms and Conditions amendments do not affect Orders placed before they become effective For such Orders, the Terms and Conditions in force on the day the order is placed shall apply.
- The Terms and Conditions were last amended on 01.01.2022.
Previous versions of the regulations are available below in .pdf format:
- effective from 16.08.2020 r. - link,
- effective from 31.12.2020 r. - link,
- effective from 15.02.2021 r. - link,
- effective from 28.03.2021 r. - link,
- effective from 13.06.2021 r. - link,
- effective from 31.12.2021 r. - link,
- effective from 31.12.2022 r. - link.
- effective from 05.05.2022 r. - link