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Dekoratorium internet shop Terms and Conditions

  1. 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. 1.1 Contact form - a Website function, which may be used by Customers to contact the Seller in order to ask questions pertaining to Products.
      2. 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.
      3. 1.3 Customer:
        1. a natural person with full capacity to enter into legal transactions;
        2. a legal person;
        3. 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;
      4. 1.4 Civil Code - the Civil Code Act of 23 April 1964 (Journal of Laws 2019.1145 as amended);
      5. 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 221 of the Civil Code];
      6. 1.6 Customer Account - an individual Customer zone available in the Shop through which it is possible to place Orders with the Shop; a Customer is granted access to it following Registration;
      7. 1.7 Product - the Company's products or goods part of the range of goods and services available at the Shop;
      8. 1.8 Terms and Conditions - the present Shop Terms and Conditions;
      9. 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;
      10. 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.
      11. 1.11 Company or Seller - Fabryka Farb i Lakierów Śnieżka S.A., 00-854 Warsaw, Al. Jana Pawła II 23, Mazowieckie province, NIP (tax identification number): 818-14-33-438, REGON (Business Identification Number): 690527477, entered into the Commercial Register of the National Court Register under number 0000060537, share capital, paid up in full: PLN 12,617,778, BDO No.: 000019829, bank account number: 97 1240 1907 1111 0010 7099 3971;
      12. 1.12 Website - the Shop's internet site available on: dekoratorium.pl (together with its pages);
      13. 1.13 Purchase Agreement - a purchase agreement for Products in the understanding 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;
      14. 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 form used 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:
      1. 4.1 principles according to which the Company operates the Shop,
      2. 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,
      3. 4.3 principles for presenting information on the Shop's Website,
      4. 4.4 principles for submitting Orders for Products available in the Shop,
      5. 4.5 principles for supplying ordered Products to Customers, principles for Customers paying for purchased Products,
      6. 4.6 Consumer's rights and Seller's obligations,
      7. 4.7. responsibility on account of implied warranty,
      8. 4.8. information pertaining to the guarantee if such is granted for a given Product,
      9. 4.9. principles for submitting and processing complaints,
      10. 4.10. personal data protection regulations,
      11. 4.11. information pertaining to Consumers exercising the right to withdraw from a Purchase Agreement,
      12. 4.12. sample Sale Agreement withdrawal form for a Consumer.
    5. The Terms and Conditions apply to Purchase Agreements concluded from 07.01.2020 by and between the Customer and the Seller via the Shop or in another form as prescribed for by the Terms and Conditions.
    6. Contacting the Seller is possible on working days, from Monday to Friday between 7:00 a.m. and 3:00 p.m.:
      1. 6.1 by calling. 14 630 66 22.
      2. 6.2 by sending an e-mail to: kontakt@dekoratorium.pl
      3. 6.3 using the Shop contact form,
      4. 6.4. by writing to FFiL Śnieżka SA, Customer Service department, ul. Dębicka 44, 39 – 207 Brzeźnica,
      5. 6.5. in person, at the Company's head office: FFiL Śnieżka SA, 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, The Consumer Rights Act of 30 May 2014 (Journal of Laws 2019.134 as amended) – in relation to Consumers and other Acts.
    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.

  2. PROVISION OF ELECTRONIC SERVICES
    1. The Seller, via the Website provides the following electronic services free of charge:
      1. 1.1. Contact Form (including Product Query, Complaint Form);
      2. 1.2. Placing orders with the Shop;
      3. 1.3. Maintaining a Customer Account with the Shop;
      4. 1.4. Newsletter mailing;
      5. 1.5. Generating a link to the shopping cart enabling it to be shared with friends;
      6. 1.6 Publishing information.
    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, 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:
      1. 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,
      2. 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,
      3. 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,
      4. 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 point 10 and 11 herein below or by sending an appropriate notice by electronic mail to the Seller's address: kontakt@dekoratorium.pl. For termination notices sent via electronic mail the Seller shall delete the Customer Account immediately upon receipt thereof.
    9. 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:
      1. the purpose of Registering or using the Customer Account is clearly contrary to the Website's functioning principles and purpose;
      2. the Customer's activities are in breach of the regulations as in force at present, moral standards or infringe third party rights;
      3. it receives reliable information pertaining to an illegal character of the provided data or associated activity and has notified the Customer in advance;
      4. the Customer sends unsolicited commercial information or breaches the provisions of the Terms and Conditions in a flagrant or permanent manner;
      5. 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;
      6. the Customer was inactive and in particular did not place an Order or did not log in 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 log in, 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 Regulaminie usługi Newsletter. 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.
    14. The publishing content service entails the Seller making it possible for Customers to publish chosen content on the Website, i.e. expressing opinions about Products. Publishing content is tantamount to an acceptance of relevant Terms and Conditions provisions; a Customer Account is not required to make use of this function.
    15. The Customer's nick is shown by each opinion about a Product. For Customers who have an Account and are logged into the Website the nick is automatically read from the Customer Account – as long as it was defined by the Customer during Registration. If a Customer changes their nick, it will be automatically changed for opinions published previously.
    16. A Customer may not publish graphics files, photographs, files or links to other websites as part of an opinion.
    17. A Customer may not edit or delete opinions by themselves. A Customer wishing to edit or delete an opinion should contact the Seller on kontakt@dekoratorium.pl. The Seller shall then edit or delete the opinion within 14 days of receiving an e-mail message with a request to edit or delete an opinion.
    18. In publishing a given opinion, a Customer voluntarily disseminates it. With respect to the content, the Seller acts as an entity providing ICT facilities and is not a provider of the content.
    19. A Customer is solely responsible for the content they publish. It is forbidden to publish content 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).
    20. The Seller is not obliged to publish content uploaded and provided by a Customer.
    21. The Seller shall have the right to verify the 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 content does not however imply an obligation on the part of the Seller to control the published content in advance.
    22. In publishing and providing content, 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.
    23. In publishing and providing content, the Customer grants the Seller a free, non-exclusive, licence, unlimited by time or territory and with the right to grant further licences for using the content within the scope of the publication thereof via the Website, other media and publications within the following fields of exploitation:
      1. within the scope of saving and copying works – making copies of works using a given technique, including printing, reprography, digital or magnetic recording;
      2. 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;
      3. within the scope of disseminating the works in a manner other that identified in item b) – public performances, exhibiting, displaying, reproducing and transmitting and re-emitting as well as making the works available to the public in a manner so that it is accessible by anyone at a time and place chosen by them.
    24. In publishing and providing content a Customer consents to and authorises the Seller to exercise derivative right with respect to the content and make use thereof within the aforementioned fields of exploitation.

  3. 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 (wersja Microsoft Edge - 18.17763 or more recent), FireFox (wersja 70.0 or more recent), Opera (wersja 64.0 or more recent), Chrome (wersja 78 or more recent), Safari (wersja 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 configured to allow JavaScript.
      • 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 account 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.

  4. 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:
      1. 4.1 change prices of Products presented in the Shop,
      2. 4.2. update information on Products presented in the Shop,
      3. 4.3. withdraw given Products from the Shop's range of products and services,
      4. 4.4. add new Products to the Shop's range of products and services.
      5. 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 (Journal of Laws No. 24, item 83 as amended) or the Industrial Property Law of 24 June 2000. (Journal of Laws 2001 No. 49, item 508 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/.

  5. SUBMITTING ORDERS, REGISTRATION
    1. Orders may be placed via the Shop Website or over the telephone.
    2. It is necessary to accept the Terms and Conditions in order to place an Order via the Shop Website.
    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. Customer's 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:
      1. 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;
      2. complete the Order form, including: selection of the delivery method and address, form of payment;
      3. accept the Terms and Conditions;
      4. 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 confirmation 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 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:
      1. 11.1. provide the shop staff member with necessary Order details, including in particular:
        1. 11.1.1. the ordered Product/Products (out of those available in the Shop);
        2. 11.1.2. quantity, type and colour of given ordered Products;
        3. 11.1.3. delivery method and payment form;
        4. 11.1.4. if the Customer is a natural person – their personal data within the scope reflecting that for Orders placed via the Shop.
    12. Placing an Order over the telephone requires the Customer to consent to the conversation being recorded which the Customer shall be made aware of at the start of the conversation and requires the Customer to accept the Terms and Conditions. The Customer may also provide their e-mail address to which an electronic invoice and information on Order status shall be sent.
    13. The Customer shall be responsible for the accuracy of data provided within the scope of an Order.
    14. 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 2017, item 1221 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 kontakt@dekoratorium.pl. 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.

  6. PAYMENT PRINCIPLES
    1. A Customer is entitled to select a form of payment and Product delivery method in accordance with the Terms and Conditions, information provided on the Order form or information provided by the person taking the Order for the Seller in the event of the Customer placing a telephone Order. Information pertaining to possible product delivery methods, product delivery restrictions and acceptable forms of payment can be found on the Shop website.
    2. The Seller accepts the following forms of payment for orders placed with the Shop:
      1. bank transfer – to the Seller's bank account (Poland, abroad),
      2. cash on delivery – cash paid upon product delivery (Poland),
      3. cash on collection (Poland),
      4. trusted online payments.
    3. The Seller accepts the following forms of payment for telephone orders:
      1. bank transfer – to the Seller's bank account (Poland, abroad),
      2. cash on delivery – cash paid upon product delivery (Poland),
      3. cash on collection (Poland).
    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 item VI.2.a or d, payment should be made to a bank account specified by the Seller for a given Order when placing the Order. For a payment method referred to in item VI.2.a or d, if the Customer does not make the payment within 7 calendar days of placing the Order, then the Order shall be cancelled.
    6. The Seller stipulates that some forms of payment may entail additional costs in amounts as specified by operators and/or entities handling payments in relevant price lists and/or terms and conditions.

  7. DELIVERY OF PRODUCTS
    1. Products may be delivered to: Poland and Germany, The Czech Republic, Slovakia, France, Austria, The Netherlands, Denmark, Luxembourg, Belgium, Great Britain and Ireland. Costs of delivery 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 in 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.

  8. RESPONSIBILITY ON ACCOUNT OF IMPLIED WARRANTY AND GUARANTEE, COMPLAINTS
    1. The Seller is responsible with respect to the Customer for any physical or legal defects found in the sold item (implied warranty).
    2. The Seller provides the Customer with Products free from defects. The Seller shall be responsible on account of implied warranty if a Product contains a physical or legal defect within the scope and according to the principles as defined in the Polish Civil Code with respect to Customers who are Consumers. In the event of a sale which is not a consumer sale, the provisions of the Polish Civil Code on implied warranty for physical and legal defects does not apply.
    3. If a Product was purchased by a Customer who is a Consumer, and a Product defects was discovered within a year of the Product being provided to the Consumer it shall be deemed that the defect was in place the moment the danger was transferred onto the Consumer.
    4. A Consumer, submitting a Product complaint on account of implied warranty is obligated to specify their demand in accordance with the Polish Civil Code regulations as in force at present and to deliver the Product at the Seller's cost to: Fabryka Farb i Lakierów "ŚNIEŻKA" Spółka Akcyjna, 39-207 Brzeźnica, ul. Dębicka 44, Podkarpackie province.
    5. A Customer submits complaints:
      1. in the form of a written complaint declaration sent to the Seller's correspondence address, or
      2. in the form of an e-mail message, sent to: reklamacje@sniezka.com, or
      3. using functions of the website found at http://reklamacje.sniezka.pl/.
    6. If on account of Product type or structure, its delivery would be excessively difficult, the Consumer is obligated to grant the Seller access to the Product on site.
    7. Provisions of item VIII.3 and VIII.4 apply to replacing a Product in the event of withdrawing from a Purchase Agreement and replacement of a Product with one free from defects.
    8. Complaints on account of implied warranty shall be processed within 14 days of the Seller receiving the Product in question.
    9. The Seller confirms receipt of a complaint notification and provides information on the completion of a complaints process, in particular within the Customer Account or by e-mail, telephone or text message.
    10. Detailed information on the complaints process is available on the Website, from the Helpline or at the Seller.
    11. If a complaint on account of implied warranty is rejected, the Product shall be sent back to a Customer who is not a Consumer. In such a situation the Seller may charge the delivery costs to a Customer who is not a Consumer.
    12. If the outcome of a complaint process is successful for the Customer – the Seller shall immediately replace the defective Product with one free from defects or shall remedy the defect. This does not affect the Customer's right to submit a declaration on price reduction or to withdraw from the Purchase Agreement in accordance with the regulations as in force at present. If it is impossible to replace a Product, remedy the defect or reduce the price, the Seller shall refund the price for the defective Product immediately in accordance with the regulations as in force at present.
    13. Some products sold by the Company may be covered by a manufacturer's guarantee.
      1. 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 see www.magnatfarby.pl/file/products/Warunki_gwarancji_plamoodpornoci.pdf
      2. A Consumer may exercise their rights on account of implied warranty for physical defects of items independently from the rights stemming from the guarantee.
      3. Performance of guarantee right does not affect the Seller's responsibility on account of implied warranty. However if the purchaser exercises their guarantee rights, the running of the period for exercising implied 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.

  9. CONSUMER'S RIGHTS AND SELLER'S OBLIGATIONS
    1. A Consumer may withdraw from a Purchase Agreement concluded in the Shop within 30 days without stating a reason as long as such a Purchase Agreement constitutes an agreement concluded off-premises or a remote agreement in the understanding of provisions Consumer Rights Act of 30 May 2014 (Journal of Laws 2019.134 as amended).
    2. A Consumer is not entitled to withdraw from a Purchase Agreement concluded in the Shop under the following agreements:
      1. 2.1. for the provision of services, if the business performed the service in full upon a clear consent by the consumer, who was informed prior to the provision of the service that once the service has been provided they forfeit the right to withdraw from the agreement;
      2. 2.2. where the price or remuneration depends on financial market fluctuations which the business has no control over, and which may occur before the deadline for withdrawing from the agreement;
      3. 2.3. where the subject of the agreement is the provision of a non-prefabricated item, to the consumer's specification or one used to satisfy their particular individual needs;
      4. 2.4. where the subject of agreement is an item which goes-off quickly or has a short use by period;
      5. 2.5. where the subject of the agreement is the provision of an item in a sealed packaging, which once opened may not be returned due to health protection reasons or for hygiene related reasons if the packing was opened after delivery;
      6. 2.6. where the subject of the agreement is the provision of items which after delivery, due to their nature, are irreversibly combined with other items.
    3. In order to withdraw a declaration on withdrawing from the agreement should be submitted to the Seller. A declaration on withdrawing from an agreement may be:
      1. drafted in an electronic format and sent electronically (via e-mail) to kontakt@dekoratorium.pl
    4. The deadline for withdrawing from a Purchase Agreement shall be deemed to have been observed if the withdrawal declaration is sent before the deadline specified in par. 1 expires.
    5. If a declaration on withdrawing from an agreement is submitted electronically, the Seller shall immediately confirm receipt of the withdrawal declaration by sending an e-mail message to the Consumer's e-mail address.
    6. In the event of a withdrawal from a Purchase Agreement, the Consumer is obliged to return the Product immediately, however no later than within 14 days of the day when they informed the Seller about withdrawing from the Purchase Agreement. In order for the deadline to be observed, the Consumer should send the product before expiry of the 14 day period to Fabryka Farb i Lakierów "ŚNIEŻKA" Spółka Akcyjna, 39-207 Brzeźnica, ul. Dębicka 44, Podkarpackie province.
    7. In the event of a withdrawal from a Purchase Agreement the Seller shall refund to the Consumer the payments they made in conjunction with the Purchase Agreement, with the exception of additional costs stemming from the Product delivery method chosen by the Consumer other than the cheapest, standard delivery available from the Seller. The Consumer shall be responsible for direct costs associated with returning the Product.
    8. A Consumer may use the Purchase Agreement withdrawal form found in Appendix No. 2 to the Consumer Rights Act of 30 May 2014 (Journal of Laws 2019.134 as amended).
    9. The Seller has the right to refrain from refunding payments received from the Consumer until such time as the Product is returned, or the Consumer provides proof of its postage, whichever comes earlier.
    10. A Consumer shall be liable for any decreases in the value of a Product as a result of the use thereof in a manner exceeding that necessary to determine the nature, properties and functioning of the Product.
    11. For submitting Purchase Agreements withdrawal declarations in writing, a Consumer in order to expedite the refund of the price paid for a Product may attach a copy of the Product's proof of purchase to the declaration and if a withdrawal form is sent via e-mail – a legible scan or photograph of proof of purchase.

  10. PERSONAL DATA PROTECTION
    1. The Controller of the Customers' personal data is Fabryka Farb i Lakierów "Śnieżka" S.A. with its head office in Warsaw (00-854), Al. Jana Pawła II 23, Mazowieckie province, entered into the Commercial Register of the National Court Register held by the District Court in Rzeszów, 12th National Court Register Division under KRS number 0000060537.
    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/przetwarzanie-danych-osobowych/

  11. 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 complaint arose.
    5. The Seller shall not be responsible for complaints pertaining to trusted online payments. The Customer should submit a complaint to the operator of trusted online 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.

  12. 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:
      1. approach a permanent court of arbitration by provincial inspector's offices as referred to in Article 37 of the Commercial Inspection Act of 15 December 2000 (Journal of Laws 2018.1930) 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 Trade Inspection inspector's offices (Journal of Laws of 2017.1356);
      2. approach provincial Trade Inspection inspector pursuant to Article 36 of the Trade Inspection Act of 15 December 2000 (Journal of Laws of 2018.1930) 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;
      3. 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.
      4. 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 of 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:
      5. 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).

  13. FINAL PROVISIONS
    1. These Terms and Conditions are effective as of 07.01.2020.
    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 or 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 publishing the amended wording of the Terms and Conditions on the Website and 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 30 days of its publication and 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.
    6. Terms and Conditions amendments do not affect Orders placed before it becomes effective. For such Orders, the Terms and Conditions in force on the day the order is placed shall apply.