Privacy policy of the DIVOCHI Store
divochi.com
Dear User!
We care about your privacy and want you to feel comfortable when using our services. Therefore, below we present the most important information about the principles of our processing of your personal data and cookies that are used by our Store. This information has been prepared taking into account the GDPR, i.e. the General Data Protection Regulation.
PERSONAL DATA ADMINISTRATOR
DA-GROUP DIVOCHI SP. Z OO
Aleja Wincentego Witosa 31/ lok 313 00-710 Warszawa
If you want to contact us regarding our processing of your personal data, please write to us at the following e-mail address: eu.divochi@gmail.com
YOUR RIGHTS
You have the right to request:
- access to your personal data, including obtaining a copy of your data (Article 15 of the GDPR or, if applicable, Article 13(1)(f) of the GDPR),
- rectification (Article 16 of the GDPR),
- deletion (Article 17 of the GDPR),
- processing restrictions (Article 18 of the GDPR),
- transferring data to another administrator (Article 20 of the GDPR).
And also the law:
- object to the processing of your data at any time:
- for reasons related to your particular situation - regarding the processing of personal data concerning you, based on Art. 6 section 1 letter f GDPR (i.e. on our legitimate interests), including profiling (Article 21(1) of the GDPR);
- if personal data are processed for the purposes of direct marketing, including profiling, to the extent that the processing is related to such direct marketing (Article 21(2) of the GDPR).
Please contact us if you wish to exercise your rights. You can object to our use of cookies (read about them below), in particular using appropriate browser settings.
If you believe that your data is being processed illegally, you can submit a complaint to the President of the Office for Personal Data Protection.
PERSONAL INFORMATION AND PRIVACY
Below you will find detailed information on the processing of your data depending on the activities you undertake.
1. Placing an order in the Store
For what purpose? | |
fulfillment of your order | |
On what basis? | |
sales contract (Article 6(1)(b) of the GDPR) | legal obligation related to accounting, obliging us to process your personal data (Article 6(1)(c) of the GDPR) |
How long? | |
for the duration of the above-mentioned agreement | until the legal obligation related to accounting expires |
Moreover, your data will be processed until the expiry of the period in which claims can be pursued - by you or us | |
What happens if you don't provide your data? | |
you will not be able to place an order | |
2. Creating an account in the Store
For what purpose? |
implementation of the contract for the provision of account management services in the Store |
On what basis? |
contract for the provision of services (Article 6(1)(b) of the GDPR) |
How long? |
for the duration of the above-mentioned agreement |
Moreover, your data will be processed until the expiry of the period in which claims can be pursued - by you or us |
What happens if you don't provide your data? |
you will not be able to create an account and use its features, such as viewing order history or checking order status |
3. Contacting us (e.g. to ask a question)
For what purpose? | |
handling your inquiries or reports | |
On what basis? | |
contract or actions taken at your request, aimed at concluding it (Article 6(1)(b) of the GDPR) - if your inquiry or notification concerns a contract to which we are or may be a party | our legitimate interest in processing your data in order to communicate with you (Article 6(1)(f) of the GDPR) - if your inquiry or notification is not related to the contract |
How long? | |
for the duration of the contract binding us or - if the contract is not concluded - until the expiry of the claims period - see the last table of this section* | until the expiry of the period for pursuing claims - see the last table of this section - or until we take into account your objection to processing* |
Moreover, your data will be processed until the expiry of the period in which claims can be pursued - by you or us | |
What happens if you don't provide your data? | |
we will not be able to respond to your inquiry or report | |
* depending on which is applicable in your case
4. Browser settings or other similar action allowing marketing activities
For what purpose? |
direct marketing, which involves displaying personalized advertisements |
On what basis? |
our legitimate interest in processing data for the above-mentioned purpose (Article 6(1)(f) of the GDPR) |
How long? |
until the cookies used for marketing purposes expire or are deleted* |
What happens if you don't provide your data? |
you will not receive suggestions for products or services you may be interested in |
* depending on which is applicable in your case
5. Taking action or omission that may result in claims related to the Store or our services
For what purpose? |
determining, pursuing or defending any claims related to the concluded contract or the services provided |
On what basis? |
our legitimate interest, consisting in the processing of personal data for the purpose indicated above (Article 6(1)(f) of the GDPR) |
How long? |
until the limitation period for claims expires or until we accept your objection to processing* |
What happens if you don't provide your data? |
inability to establish, pursue or defend claims |
* depending on which is applicable in your case
PROFILING
As part of the Store, we perform profiling - this will take place in relation to you if you allow such activities. This profiling involves automatic assessment of what products or services you may be interested in, using information about the content you display. Thanks to this, advertisements for products or services displayed within the online services you use will be more tailored to you and your needs.
The profiling we perform does not result in decisions that produce legal effects for you or affect you in a similarly significant way.
DATA SAFETY
When processing your personal data, we use organizational and technical measures in accordance with applicable law, including encryption of the connection using an SSL/TLS certificate.
COOKIES
Our Store, like most websites, uses the so-called cookies (cookies). These files:
- are saved in the memory of your device (computer, phone, etc.);
- they do not change the settings of your device.
In this Store, cookies are used for the following purposes:
- remembering your session
- statistics
- marketing
To learn how to manage cookies, including how to disable them in your browser, you can use your browser's help file. You can read information about this by pressing the F1 key in your browser. Additionally, you will find relevant tips on the following subpages, depending on the browser you are using:
Below you will find information about the functions of the cookies we process and their validity period.
cookie name | cookie validity period | cookie function |
cookie | session duration | Tracking traffic in the Store for statistical purposes |
By using the appropriate options of your browser, you can at any time:
- delete cookies,
- block the use of cookies in the future.
In such cases, we will no longer process it.
EXTERNAL SERVICES/DATA RECIPIENTS
We use the services of external entities that support us in running our business. We entrust them with processing your data - these entities process data only on our documented instructions.
Below you will find a list of recipients of your data:
ACTION | DATA RECIPIENTS | TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION |
any action in connection with the Store | supplier of sales software | There is no space |
staying on the Store's website with settings allowing marketing activities | entity providing marketing services | There is no space |
placing an order in the Store | payment provider | There is no space |
the entity delivering the product to you - unless you have chosen the personal pickup option | There is no space | |
accounting Office | There is no space | |
subscribing to the newsletter or consenting to receiving marketing messages | entity providing the sending of a newsletter or marketing messages | There is no space |
And moreover:
relevant public authorities to the extent that we are obliged to provide them with data.
PUBLIC PROCUREMENT (OFFER)
Concerning the order, sale and delivery of goods.
This contract constitutes the Seller's official and public offer to conclude a sales contract for the Goods presented on the divochi.com website. This contract is public, i.e. in accordance with the law, its terms are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur), without giving preference to one buyer over another. By concluding this Agreement, the Buyer fully accepts the terms and procedure for placing orders, payment for goods, delivery of goods, return of goods, liability for fraudulent order and all other terms of the Agreement. The contract is considered concluded when the Buyer clicks the "Confirm order" button on the checkout page in the "Cart" section and receives an electronic order confirmation from the Seller.
- Definitions of terms
1.1. A public offer (hereinafter referred to as the "Offer") is a public offer of the Seller addressed to an indefinite number of people to conclude a distance sales contract with the Seller (hereinafter referred to as the "Agreement") on the terms and conditions contained in this Offer.
1.2. Goods or Service - the subject of the parties' contract, which was selected by the Buyer on the online store website and placed in the basket or already purchased by the Buyer from the Seller remotely.
1.3. Online Store means the Seller's website at www.divochi.com, created for the purpose of concluding retail and wholesale purchase and sale agreements based on the Buyer's reading of the description of the Goods offered by the Seller via the Internet.
1.4. The Buyer is a natural person with legal capacity, who is over 18 years of age, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes unrelated to running a business, a legal person or an individual entrepreneur.
1.5. Seller means a company that uses the Online Store platform to sell goods presented on the Website.
- Subject of the contract
2.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for the Goods and accept them on the terms set out in this Agreement.
2.2. The date of conclusion of the Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date of completion by the Buyer of the order form available on the online store website, provided that the Buyer receives order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be concluded in writing.
- Order
3.1. The Buyer places an order in the Online Store using the "Basket" form, or by placing an order via e-mail or telephone number provided in the contact tab of the Online Store, or via the Online Store's messengers.
3.2. The Seller has the right to refuse to transfer the order to the Buyer if the data provided by the Buyer when placing the order are incomplete or raise suspicions as to their accuracy.
3.3 When placing an order on the online store website, the Buyer undertakes to provide the following mandatory data required by the Seller in order to complete the order:
3.3.1. surname, name of the Buyer;
3.3.2. address to which the Goods are to be delivered (in the case of delivery to the Buyer's address);
3.3.3. contact telephone number.
3.3.4. identification code of the legal entity or individual entrepreneur.
3.4. The name, quantity, article, price of the Goods selected by the Buyer are indicated in the Buyer's basket on the online store website.
3.5. If either Party to the Agreement requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing high-quality services to the Buyer when purchasing goods in the online store.
3.6. When placing an order through the Seller's operator (point 3.1 of this Offer), the Buyer undertakes to provide the information specified in points 3.3 - 3.4. of this Offer.
3.7. The Buyer's acceptance of the terms of this Offer takes place by entering the appropriate data in the registration form on the online store website or when placing an Order through the Operator. After placing the Order through the Operator, the Buyer's data is entered into the Seller's database.
3.8. The Buyer is responsible for the accuracy of the data provided when placing the Order.
3.9. By concluding the Agreement, i.e. accepting the terms of this offer (proposed terms of purchase of the Goods), by placing an Order, the Buyer confirms the following:
a) The Buyer has fully and completely read the terms and conditions of this offer and agrees to them;
b) consents to the collection, processing and transfer of personal data, and the consent to the processing of personal data is valid for the entire duration of the Agreement, as well as for an indefinite period after its expiry. Moreover, by concluding the Agreement, the Buyer confirms that he has been notified (without additional notification) about the rights established by the Personal Data Protection Act, about the purposes of data collection and that his personal data is transferred to the Seller in order to fulfill the terms of this Agreement, making mutual settlements and receiving invoices, deeds and other documents.
The Buyer also agrees that the Seller has the right to share and transfer his personal data to third parties without additional notice to the Buyer in order to fulfill the Buyer's order.
The scope of the Buyer's rights as a personal data subject in accordance with the Personal Data Protection Act is known and understandable to him.
- Price and delivery of Goods
4.1 The prices of the Goods and Services are set by the Seller independently and are indicated on the website of the Online Store. All prices of Goods and Services are given on the website in national currency (UAH).
4.2 Prices of Goods and Services may be changed unilaterally by the Seller depending on market conditions. At the same time, the price of a separate unit of Goods, the cost of which has been fully paid by the Buyer, cannot be changed unilaterally by the Seller.
4.3. The cost of the Goods indicated on the online store's website does not include the cost of delivering the Goods to the Buyer. The Buyer pays the cost of delivery of the Goods in accordance with the current tariffs of delivery services (carriers) directly to the courier company (carrier) of his choice.
4.4. The cost of the Goods indicated on the online store's website does not include the cost of delivery of the Goods to the Buyer's address.
4.5. The Seller may indicate the approximate cost of delivery of the Goods to the Buyer's address when the Buyer contacts the Seller with an inquiry by sending an e-mail or placing an order through the online store operator.
4.6. The Buyer's obligations to pay for the Goods are deemed fulfilled from the moment the Seller receives funds on his account.
4.7. Settlements between the Seller and the Buyer for the Goods are made in the manner specified on the online store website in the "Payment and delivery" tab.
4.8. Upon receipt of the Goods, the Buyer, in the presence of a representative of the courier company (carrier), will check the compliance of the Goods with the qualitative and quantitative characteristics (name of the goods, quantity, completeness, expiration date).
4.9. Upon receipt of the Goods, the Buyer or his representative will confirm with his signature on the sales receipt / or in the order / or in the consignment note for the delivery of the goods that he has no claims as to the quantity of the goods, appearance and completeness of the goods.
4/10 The ownership right and the risk of accidental loss or damage to the Goods passes to the Buyer or his Representative upon receipt of the Goods by the Buyer at the place of delivery of the Goods upon independent delivery of the Goods from the Seller or upon handing over the Goods by the Seller to the supplier (carrier) selected by the Buyer.
- Rights and obligations of the Parties
5.1. The Seller is obliged to:
5.1.1. Deliver the goods to Buyer in accordance with the terms of this Agreement and Buyer's order.
5.1.2. Do not disclose any private information about the Buyer and do not make this information available to third parties, except for cases provided for by law and during the execution of the Buyer's Order.
5.2. The Seller has the right to:
5.2.1. Unilaterally change the terms of this Agreement, as well as the prices of Goods and services, by posting them on the Online Store website. Any changes take effect upon publication.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Agreement, read the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Online Store website.
5.3.2 In order for the Seller to fulfill its obligations towards the Buyer, the latter must provide all necessary data that clearly identifies it as the Buyer and is sufficient to deliver the ordered Goods to the Buyer.
- Return of Goods
6.1. The Buyer has the right to return non-food goods of good quality to the Seller if the goods do not suit him in terms of shape, size, style, color, size or for other reasons cannot be used for their intended purpose. The buyer has the right to return good quality goods within 14 (fourteen) days, excluding the day of purchase, in accordance with the provisions of the Consumer Protection Act.
Goods of good quality are returnable if they have not been used and if their presentation, consumer properties, packaging, seals, labels, as well as the payment document issued to the Buyer to pay for the Goods are preserved.
6.2. The Buyer will receive a refund of the cost of Goods of good quality within 3 (three) business days from the date of receipt of such Goods by the Seller, subject to the requirements set out in the Agreement and applicable law.
6.3. The cost of the goods will be refunded by bank transfer to the Buyer's account.
6.4. Goods of good quality are returned to the Seller's address at the Buyer's expense, and the Seller does not reimburse the Buyer.
6.5. If defects in the Goods are detected within the established warranty period, the Buyer personally, in the manner and within the time limits specified by law, has the right to submit to the Seller claims provided for in the "Consumer Protection Act". In the case of claims for free removal of defects, the deadline for their removal is counted from the date of receipt of the Goods by the Seller at his disposal and physical access to such Goods.
6.6. The Seller will take into account the requirements provided for in the "Consumer Protection Act", provided that the Buyer provides the documents required by applicable law. The Seller is not liable for defects in the Goods arising after their transfer to the Buyer as a result of the Buyer's violation of the rules of use or storage of the Goods, actions of third parties or force majeure.
6.7. The Buyer is not entitled to refuse to accept Goods of good quality with individually defined properties if these Goods can only be used by the Buyer who purchased them (including, at the Buyer's request, non-standard sizes, features, appearance, equipment, etc.) Confirmation of the fact that that the goods have individually defined properties, there is a difference in the size of the goods and other characteristics indicated in the online store.
6.8. The return of goods, in cases provided for by law and this Agreement, is made to the address agreed with the operator / manager of the online store.
- Duties
7.1. The Seller is not liable for any damage caused to the Buyer or third parties as a result of improper use, storage or delivery of Goods purchased from the Seller.
7.2. The Seller is not liable for improper, untimely execution of Orders and its obligations if the Buyer provides false or misleading information.
7.3. The Seller and the Buyer are responsible for fulfilling their obligations in accordance with the applicable legislation of Ukraine and the provisions of this Agreement.
7.4. The Seller or the Buyer is exempt from liability for total or partial failure to perform their obligations if the failure to perform is the result of force majeure circumstances, such as war or hostilities, earthquake, flood, fire and other natural disasters that occurred independently of the will of the Seller and/or Buyer after concluding this Agreement. A Party that is unable to fulfill its obligations shall immediately notify the other Party thereof.
- Confidentiality and protection of personal data.
8.1. By providing his personal data on the online store's website when registering or placing an Order, the Buyer grants the Seller voluntary consent to the processing, use (including transfer) of his personal data, as well as to perform other activities provided for by the Personal Data Protection Act, without limit the validity of such consent.
8.2. The Seller undertakes not to disclose information received from the Buyer. The provision of information by the Seller to contractors and third parties acting under the contract with the Seller, including for the purpose of fulfilling obligations to the Buyer, as well as in cases where the disclosure of such information is required by applicable law, does not constitute a violation.
8.3. The buyer is responsible for updating his/her personal data. The Seller is not liable for improper performance or non-performance of its obligations due to the insignificance of information about the Buyer or its inconsistency with reality.
- Other terms and conditions
9.1. Any disputes arising between the Buyer and the Seller will be resolved through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or Seller have the right to turn to judicial authorities in accordance with applicable law.
9.3. The Seller has the right to unilaterally amend this Agreement in accordance with the provisions of section 5.2.1. Agreements. Moreover, changes to the Agreement may also be made with the mutual consent of the Parties in the manner provided for by applicable law.