ONLINE STORE REGULATIONS

www.damianozga.pl

§1

GENERAL PROVISIONS

1. The www.damianozga.pl store operates under the principles set out in these Regulations.
2. The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.damianozga.pl Store, the rules for providing these services, the conditions for concluding and terminating agreements for the provision of services electronically.
3. Each Service Recipient is obliged to comply with the provisions of these Regulations upon taking action to use the Electronic Services of the www.damianozga.pl Store.
4. In matters not regulated in these Regulations, the following provisions shall apply:
   1. Act on the provision of services by electronic means of 18 July 2002,
   2. Act on Consumer Rights of 30 May 2014,
   3. Act on out-of-court resolution of consumer disputes of 23 September 2016,
   4. the Civil Code Act of 23 April 1964 and other relevant provisions of Polish law.

§2

DEFINITIONS IN THE REGULATIONS

1. ORDER FORM  – a form available on the website www.damianozga.pl enabling the placement of an Order.
2. CUSTOMER  – Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER  – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
4. ENTREPRENEUR  – a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
5. PRODUCT  – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
6. REGULATIONS  – these regulations of the Store.
7. SHOP  – The Service Provider’s online store operating at www.damianozga.pl.
8. SELLER ,  SERVICE PROVIDER  – EVG Invest Sp. z o. o. with its registered office in Warsaw, 02-662, at ul. Świeradowska 47, NIP: 7010429783.
9. SALES AGREEMENT  – Product Sales Agreement concluded between the Customer and the Seller via the Store.
10. ORDER  – a declaration of will of the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
11. PRICE  – value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.

§3

INFORMATION ABOUT PRODUCTS AND ORDERING THEM

1. The www.damianozga.pl store sells Products via the Internet.
2. The products offered in the Store are new, compliant with the contract and have been legally introduced to the Polish market.
3. The information on the Store’s websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a specific Product under the conditions specified in its description.
4. The price of the Product displayed on the Store website is given in Polish zloty (PLN) and includes all components. The price does not include shipping costs.
5. Orders can be placed via the website using the Order Form (Shop www.damianozga.pl) – 24 hours a day, all year round.
6. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.

§4

CONCLUSION OF A SALES AGREEMENT

1. To conclude a Sales Agreement, the Customer must first place an Order in the manner provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order is made by sending an e-mail message.
4. Confirmation of receipt of the Order includes:
   1. confirmation of all essential elements of the Order,
   2. withdrawal form,
   3. these Regulations containing information on the right to withdraw from the contract.
5. Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
   

§5

PAYMENT METHODS

1. The seller provides the following payment methods:
   1. payment via electronic payment system.
2. In the case of payment via an electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows payment to be made by credit card or quick transfer from selected Polish banks.
3. The Customer is obliged to pay the price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
4. The product will only be shipped once it has been paid for.

§6

COST, TIME AND METHODS OF PRODUCT DELIVERY

1. The Product delivery costs covered by the Customer are determined during the Order placement process.
2. The delivery time of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
   1. the time for completing the Products is 7 working days,
   2. Delivery of Products that are movable items by the carrier takes place within the time declared by the carrier, i.e. 7 business days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and public holidays).
3. Products purchased in the Store are shipped only within Poland via Poczta Polska or a courier company.

§7

PRODUCT COMPLAINT

1. Complaint regarding non-conformity of the Product with the contract.
   1. The basis and scope of the Seller’s liability towards the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014,
   2. the basis and scope of the Seller’s liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code Act of 23 April 1964,
   3. The Seller is liable to the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that time, unless the expiry date of the Product specified by the Seller or persons acting on his behalf is longer,
   4. Notifications about the lack of conformity of the Product with the contract and submission of an appropriate request may be made via e-mail to the following address:  info@damianozga.pl  or in writing to the following address:  EVG Invest Sp. z oo, ul. Świeradowska 47, 02-662 Warsaw .
   5. in the above message in written or electronic form, as much information and circumstances concerning the subject of the complaint should be provided as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Seller,
   6. to assess the irregularities and non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
   7. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint,
   8. in the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
   9. in connection with a justified complaint from a Customer who is a Consumer, the Seller shall, as appropriate:

1. covers the costs of repair or replacement and re-delivery of the Product to the Customer,
2. reduces the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the contract to the goods inconsistent with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the declaration of price reduction from the Consumer,
3. in the event of withdrawal from the contract by the Consumer – the Seller shall return the price of the Product to the Consumer no later than within 14 days from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense,
4. the response to the complaint is provided on paper or another durable medium, e.g. e-mail or text message.

§8

RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered not to have been concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before it expires.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: EVG Invest Sp. z o. o., ul. Świeradowska 47, 02-662 Warsaw.
4. The Consumer shall be liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right to withdraw from the contract and has failed to provide them with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle the Products and inspect them only in the same way as they could do in a brick-and-mortar store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by him.
7. If the Seller has not offered to collect the Product from the Consumer, he may withhold the refund of payments received from the Consumer until he receives the item back or provides proof of sending it back, depending on which event occurs first.
8. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this section, shall only bear the costs of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract under which the Seller delivers the Product and is obliged to transfer its ownership – from the day on which the Consumer (or a third party indicated by him other than the carrier) took possession of the Product.
10. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in the case of a Sales Agreement, among others, the subject of which is a non-prefabricated product, manufactured according to the Consumer’s specifications or intended to meet his individual needs.
11. Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to fulfill its obligation within a strictly defined period.

§9

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables the use of the Electronic Service via the Store, which is the conclusion of Product Sales Agreements.
2. The provision of the Electronic Service to Service Recipients in the Store takes place under the terms and conditions specified in the Regulations.
3. The Service Provider has the right to place advertising content on the Store’s website. This content constitutes an integral part of the Store and the materials presented therein.

§10

CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
2. The Agreement for the provision of Electronic Services consisting in enabling the placement of an Order in the Store is concluded for a fixed period of time and is terminated when the Order is placed or when the Service Recipient ceases to place it.
3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
   1. a computer (or mobile device) with Internet access,
   2. access to e-mail,
   3. internet browser,
   4. enabling Cookies and Javascript in your web browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account the respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obligated to enter data consistent with the actual state of affairs.
6. The Service Recipient is prohibited from providing content of an illegal nature.

§11

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of the Electronic Service via the Store may be submitted by the Service Recipient via e-mail to the following address: info@damianozga.pl
2. In the above e-mail message, you should provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Service Provider.
3. Consideration of the complaint by the Service Provider shall take place immediately, no later than within 14 days from the date of submission.
4. The Service Provider’s response to the complaint is sent to the Service Recipient’s e-mail address provided in the complaint or in another manner provided by the Service Recipient.
   

§12

FINAL PROVISIONS

1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of amicably resolving the dispute, taking into account the Act on the out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by a competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting an application to initiate mediation or an application for consideration of the case by an arbitration court after the complaint procedure has been completed (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodeship Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection. Out-of-court claims settlement after the complaint procedure has been completed is free of charge.
6. In order to amicably resolve a dispute, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) internet platform, available at:  http://ec.europa.eu/consumers/odr /.