Online store regulations
DIVOCHI

The document primarily defines the rules on which contracts are concluded in the Store, including important information about the Seller, the Store and the rights of Consumers.

 

CONTENTS
§ 1 Definitions
§ 2 Contact the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Execution of the contract
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix 1: Sample withdrawal form

 

  •  1 DEFINITIONS

Working days – days from Monday to Friday, except public holidays in Poland.
Consumer – A buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without direct connection with his business or professional activity.
Account – a digital service regulated by separate regulations within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Preferred buyer – Consumer or Privileged Entrepreneur.
Privileged entrepreneur – A Buyer who is a natural person, concluding or intending to conclude an agreement with the Seller on the basis of the Regulations, directly related to his business activity, but not of a professional nature for him.
Pick-up point – point located at Aleja Wincentego Witosa 31/313, Galeria Panorama, 00-710 Warszawa.
Statute – these regulations.
Store – DIVOCHI online store run by the Seller at: https://divochi.com/ Seller – DA-GROUP DIVOCHI SP. Z OO with its registered office at ul. Sadowa 2/11, 20-027 Lublin, Poland, entered into the National Court Register - register of entrepreneurs by the DISTRICT COURT FOR M.LUBLIN, under KRS number 0001071351, NIP 7123465728, REGON no. 527028275.
Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

  • 2 CONTACT THE SELLER
  1. Postal address: ul. Sadowa 2/11, 20-027 Lublin, Poland
  2. E-mail adress: eu.divochi@gmail.com
  3. Phone: +48 792 941 244
  4. Address for returning goods (in case of withdrawal from the contract): Aleja Wincentego Witosa 31/313, Galeria Panorama, 00-710 Warszawa
  5. Address for sending the complained goods: Aleja Wincentego Witosa 31/313, Galeria Panorama, 00-710 Warszawa
  6. The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or Internet service provider whose services are used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Buyer.
  • 3 TECHNICAL REQUIREMENTS
  1. For the proper functioning of the Store, you need:
    • device with Internet access
    • web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.
  • 4 IN-STORE SHOPPING
  1. Product prices visible in the Store are total prices for the product.
  2. The Seller points out that the total price of the order includes the price for the product indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the cart in the Store.
  4. Then, the Buyer selects the method of delivery of the goods and the payment method for the order from among the options available in the Store, and provides the data necessary to complete the order.
  5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing his/her data with each order.
  • 5 PAYMENTS
  1. The following payment methods are available in the Store:
    1. simple transfer to the Seller's bank account;
    2. using a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. via the payment platform panel.przelewy24.pl/
    4. by card or cash upon personal collection of the goods.
  2. If the Buyer chooses payment in advance, the order must be paid within 2 Business Days of placing the order.
  3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
  • 6 ORDER PROCESSING
  1. The order completion date is indicated in the Store.
  2. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid.
  3. If, as part of one order, the Buyer purchased products with different lead times, the order will be completed on the date appropriate to the product with the longest lead time.
  4. The goods are delivered only within the territory of the Republic of Poland.
  5. The following delivery methods are available in the Store: to InPost parcel lockers.
  6. The Buyer may collect the goods in person at the Collection Point during its opening hours.
  7. If the Buyer chooses personal collection, the goods will be ready for collection within the indicated order completion date.
  • 7 RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from:
    1. in which the Privileged Buyer came into possession of the goods or in which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
    2. in which the Privileged Buyer came into possession of the last goods, batch or part or in which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last goods, batch or part, in the case of a contract obliging the transfer of ownership of multiple goods which are delivered are separately, in batches or in parts.
  3. In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).
  4. The privileged buyer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is enough for the Privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.EFFECTS OF WITHDRAWAL FROM THE CONTRACT
  6. In the event of withdrawal from the concluded contract, the Seller shall refund to the preferred Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the preferred delivery method chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately and in any case no later than 14 days from the date on which the Seller was informed about the Privileged Buyer's decision to exercise the right to withdraw from the contract.
  7. The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution, and in any case the Privileged Buyer will not incur any fees in connection with this refund.
  8. If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he receives proof of sending them back, depending on which event occurs first.
  9. The Seller requests that the goods be returned to the following address: Aleja Wincentego Witosa 31/313, Galeria Panorama, 00-710 Warszawa immediately, and in any case no later than 14 days from the date on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the goods before the 14-day deadline expires.
  10. The privileged buyer bears the direct costs of returning the goods.
  11. The privileged buyer is only liable for any reduction in the value of the goods resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods cannot be returned by regular post due to their nature, the Preferred Buyer will also have to bear the direct costs of returning the goods. The Seller will inform the Privileged Buyer about the estimated amount of these costs in the description of the goods in the Store or when placing the order.
  13. If it is necessary to refund funds for a transaction made by the privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to this payment card.
  • 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The right to withdraw from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
    1. in which the subject of the service is non-prefabricated goods, manufactured according to the specifications of the privileged Buyer or serving to meet his individual needs;
    2. in which the subject of the service is goods that deteriorate quickly or have a short shelf life;
    3. in which the subject of the service is goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;
    4. in which the subject of the service are goods which, after delivery, due to their nature, are inseparably connected with other things;
    5. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    6. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract.
  • 9 COMPLAINTS

AND GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for the compliance of the performance with the contract provided for by generally applicable provisions of law, in particular the provisions of the Consumer Rights Act.
  2. The Seller asks to submit complaints (including those regarding the operation of the Store) to the postal or electronic address indicated in § 2 of the Regulations.
  3. If a warranty has been granted for the product, information about it and its conditions is available in the Store.
  4. The Seller will respond to the complaint within 14 days from the date of its receipt.

II PRIVILEGE BUYERS

  1. Goods
    1. In the event of non-compliance of the goods with the contract, the Privileged Buyer may exercise the rights specified in Chapter 5a of the Act on Consumer Rights.
    2. The Seller is liable for the lack of conformity of the goods with the contract, existing at the time of its delivery and disclosed within two years from that moment, unless the shelf life of the goods specified by the Seller, its legal predecessors or persons acting on their behalf is longer.
    3. Pursuant to the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the Privileged Buyer may demand:
      1. exchange of goods,
      2. repair of goods.
    4. Additionally, the Privileged Buyer may submit a declaration about:
      1. price reduction,
      2. withdrawal from the contract

in a situation where:

  • The seller refused to bring the goods into compliance with the contract in accordance with Art. 43d section 2 of the Consumer Rights Act;
  • The seller did not bring the goods into compliance with the contract in accordance with Art. 43d section 4-6 of the Consumer Rights Act;
  • the lack of conformity of the goods with the contract continues, even though the Seller has tried to bring the goods into compliance with the contract;
  • the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the protection measures specified in Art. 43d of the Consumer Rights Act;
  • it is clear from the Seller's representation or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Preferred Buyer.
  1. In the case of goods subject to repair or replacement, the privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the preferred Buyer at his own expense.
  2. The privileged buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
  3. In the event of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, to the address Aleja Wincentego Witosa 31/313, Galeria Panorama, 00-710 Warszawa. The Seller returns the price to the preferred Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
  4. The Seller shall return to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Privileged Buyer's declaration on the price reduction.
  1. Out-of-court methods of dealing with complaints and pursuing claims
    1. The Seller informs the Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The consumer can benefit from, among others: With:
      • assistance of the relevant European Consumer Center from the European Consumer Centers Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. As a rule, the assistance of the European Consumer Centers is free of charge. The list of Consumer Centers appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
      • online ODR (Online Dispute Resolution) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

Additionally, in the Republic of Poland you can benefit from the following forms of support:

  • mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
  • assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
  1. The previous provision is informative and does not constitute an obligation for the Seller to use extrajudicial means of resolving disputes.
  2. The use of extrajudicial methods of dealing with complaints and pursuing claims is voluntary for both the Seller and the Consumer.
  3. The consumer may additionally benefit from free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. To avoid any doubts, the Seller points out that the provisions of § 11 section 7.
  • 10 PERSONAL DATA
  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the privacy policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for the processing of personal data in this case is:
    • contract or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR),
    • the Seller's legal obligation related to accounting (Article 6(1)(c) of the GDPR) and
    • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent concluding a contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller will cease to be valid;
    2. the Seller will no longer have a legal obligation to process the Buyer's data;
    3. the Buyer or Seller will no longer be able to pursue claims related to the contract concluded by the Store;
    4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller

– depending on what is applicable in a given case.

  1. The buyer has the right to demand:
    • . access to your personal data,
  1. their corrections,
  2. deletion,
  3. processing restrictions,
  4. transferring data to another administrator
    and also the law:
  5. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him, based on Art. 6 section 1 letter f GDPR (i.e. on legally justified interests pursued by the Seller).
  1. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  2. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the authority competent for the protection of personal data. In Poland, it is the President of the Personal Data Protection Office.
  • 11 DISCLAIMER
  1. The Buyer is prohibited from providing illegal content.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded on time and in order to complete the order.
  3. All contracts concluded on the basis of these Regulations are subject to the provisions of Polish law, subject to paragraph. 4.
  4. The choice of Polish law for contracts concluded under the Regulations with the Consumer does not waive or limit the Buyer's rights under mandatory legal provisions applicable to the Consumer in situations where there is no choice of law. This means in particular that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law, this broader protection shall apply.
  5. Agreements concluded on the basis of the Regulations are concluded in Polish.
  6. In the event of a possible dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court competent for the Seller's registered office.
  7. Any liability of the Seller towards the Buyer who is not a privileged Buyer under the contract concluded through the Store - within the limits permitted by law - is excluded.

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or the privileged Entrepreneur may, but does not have to, use:

SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

DA-GROUP DIVOCHI SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA
street Sadowa 2/11, 20-027 Lublin, Poland
e-mail adress: eu.divochi@gmail.com

– I/We(*) …………………………………………………………… hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

- The date of conclusion of the contract(*)/reception(*)

…………………………………………………………………………………………………………………………………………………………

– Name and surname of the Consumer(s)/Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s)/Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of the Consumer(s)/Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.

Account Terms and Conditions

in the HADAT POLAND store

CONTENTS
§ 1 Definitions
§ 2 Contact the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right to withdraw from the contract
§ 7 Personal data
§ 8 Change in the Regulations or Account
§ 9 Final Provisions

  • 1 DEFINITIONS

Consumer – A Service Recipient who is a natural person who has concluded an Account maintenance agreement pursuant to the Regulations or is taking steps to conclude such an agreement, without any direct connection with his business or professional activity.
Account – digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient can use additional functions in the Store.
Privileged entrepreneur – Service Recipient, who is a natural person concluding an Account maintenance agreement under the Regulations (or taking steps to conclude it), directly related to his/her business activity, but not of a professional nature for him/her.
Statute – these Account regulations.
Store – DIVOCHI online store run by the Seller at: https://divochi.com/
Service recipient – any entity that has concluded an Account maintenance agreement or is taking steps to conclude it.
Privileged service recipient – Service Recipient who is a Consumer or a privileged Entrepreneur.
Service provider – DA-GROUP DIVOCHI SP. Z OO with its registered office at ul. Sadowa 2/11, 20-027 Lublin, Poland, entered into the National Court Register - register of entrepreneurs by the DISTRICT COURT FOR M.LUBLIN, under KRS number 0001071351, NIP 7123465728, REGON no. 527028275.
Consumer Rights Act – Polish Act of May 30, 2014 on consumer rights.

  • 2 CONTACT THE SERVICE PROVIDER
  1. Postal address: ul. Sadowa 2/11, 20-027 Lublin, Poland
  2. E-mail adress: eu.divochi@gmail.com
  3. Phone: +48 792 941 244
  4. The cost of a telephone call or data transmission performed by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider whose services the Service Recipient uses. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission - depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Service User.
  • 3 TECHNICAL REQUIREMENTS
  1. For proper functioning and creation of an Account, you need:
    • active email account,
    • device with Internet access,
    • web browser that supports JavaScript and cookies.
    • 4 ACCOUNT
  2. Creating an Account is completely voluntary and depends on the will of the Service User.
  3. The account gives the Service User additional possibilities, such as: viewing the history of orders placed by the Service User in the Store, checking the order status or editing the Service User's data independently.
  4. In order to create an Account, please complete the appropriate form in the Store.
  5. At the moment of creating the Account, an agreement for maintaining the Account is concluded for an indefinite period between the Service User and the Service Provider on the terms specified in the Regulations.
  6. The Service Provider starts providing the Account maintenance service on the terms specified in the Regulations immediately after concluding the Account maintenance agreement.
  7. The Service Recipient may resign from the Account at any time without incurring any costs.
  8. Deleting the Account results in the termination of the Account maintenance agreement. In order to delete the Account by the Service Provider, you must send your resignation from the Account to the e-mail address of the Service Provider provided in § 2 of the Regulations, which will result in immediate deletion of the Account and termination of the contract for maintaining the Account.
  • 5 COMPLAINTS

AND GENERAL PROVISIONS

  1. The Service Provider asks you to submit complaints regarding the Account to the postal or electronic address indicated in § 2 of the Regulations.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint.

II PRIVILEGE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service Recipient for the compliance of the provision with the contract provided for by generally applicable legal provisions, in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Account maintenance agreement by the Service Provider, the privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not provided the digital service, the privileged Service User may request it to provide it. If, despite this, the Service Provider does not provide the digital service immediately or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account maintenance agreement.
  4. The privileged service recipient may withdraw from the contract for maintaining the Account without requesting the provision of a digital service if:
    1. it clearly follows from the Service Provider's statement or circumstances that it will not provide the digital service or
    2. The privileged Service Recipient and the Service Provider have agreed, or the circumstances of concluding the Account maintenance agreement clearly indicate that the specified deadline for the delivery of the digital service was of significant importance to the Privileged Service Recipient, and the Service Provider did not deliver it within that period.
  5. The Service Provider is liable for any lack of compliance with the contract for maintaining an Account for a digital service provided continuously, which occurred or became apparent at the time when, in accordance with the contract, the service was to be provided.
  6. If the digital service is inconsistent with the Account maintenance agreement, the Privileged Service User may demand that it be brought into compliance with this agreement.
  7. In the event of non-compliance of the digital service with the Account maintenance agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical measures, in order to determine whether the lack of compliance of the digital service with the Account maintenance agreement results in a timely manner. from the features of the digital environment of the privileged Service Recipient.
  8. Additionally, if the digital service is inconsistent with the Account maintenance agreement, the Privileged Service User may submit a declaration of withdrawal from this agreement when:
    1. bringing the digital service into compliance with the Account maintenance agreement is impossible or requires excessive costs pursuant to Art. 43m section 2 and 3 of the Consumer Rights Act;
    2. The Service Provider failed to bring the digital service into compliance with the Account maintenance agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service User about the lack of compliance with this agreement, and without undue inconvenience to the Privileged Service User, taking into account the nature and purpose of this digital service, in how it is used;
    3. the lack of compliance of the digital service with the Account maintenance agreement continues, even though the Service Provider has tried to bring the digital service into compliance with this agreement;
    4. the lack of compliance of the digital service with the Account maintenance agreement is so important that it justifies withdrawal from the Account maintenance agreement without first using the protection measure specified in Art. 43m of the Act on Consumer Rights (i.e. requests to bring the digital service into compliance with the contract);
    5. it clearly follows from the Service Provider's statement or circumstances that he will not bring the digital service into compliance with the Account maintenance agreement within a reasonable time or without excessive inconvenience to the Privileged Service User.

III OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS

  1. The Service Provider informs the Consumer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The consumer can benefit from, among others: With:
    • assistance of the relevant European Consumer Center from the European Consumer Centers Network. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. As a rule, the assistance of the European Consumer Centers is free of charge. The list of Consumer Centers appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • online Dispute Resolution (ODR) platform, provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

Additionally, in the Republic of Poland you can benefit from the following forms of support:

  • mediation conducted by the regionally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inpekcji_handlowa.php
  • assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
  1. The previous provision is informative and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
  2. The use of extrajudicial methods of dealing with complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  3. The consumer may additionally benefit from free assistance from the municipal or district consumer ombudsman.
  • 6 RIGHT TO WITHDRAW FROM THE CONTRACT
  1. The privileged Service Recipient has the right to withdraw from the Account management agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The deadline to withdraw from the Account maintenance agreement expires after 14 days from the date of conclusion of this agreement.
  3. In order for the Privileged Service Recipient to exercise the right to withdraw from the contract, he or she must inform the Service Provider, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).
  4. The privileged service recipient may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.
  5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Service Recipient to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.
  • 7 PERSONAL DATA
  1. The administrator of personal data provided by the Service User in connection with the conclusion of the Account maintenance agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider - including other purposes and grounds for data processing, as well as data recipients, can be found in the privacy policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – "GDPR".
  2. The purpose of processing the Service User's data is to maintain an Account. The basis for the processing of personal data in this case is the contract for maintaining the Account or actions taken at the request of the Service User aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the legally justified interest of the Service Provider, consisting in the processing of data in order to determine , pursuing or defending any claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Service User is voluntary, but at the same time necessary to conclude an account management agreement and provide the services covered by it. Failure to provide data means that the Account maintenance agreement cannot be concluded and the Service Provider will not be able to provide the services covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Account maintenance agreement will cease to apply;
    2. the Service User or Service Provider will no longer be able to pursue claims related to the Account;
    3. the Service Recipient's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Service Provider

– depending on what is applicable in a given case.

  1. The service recipient has the right to request:
    1. access to your personal data,
    2. their corrections,
    3. deletion,
    4. processing restrictions,
    5. transferring data to another administrator
      and also the law:
    6. object at any time to the processing of data for reasons related to the particular situation of the Service Recipient - to the processing of personal data concerning him, based on Art. 6 section 1 letter f GDPR (i.e. on legitimate interests pursued by the Service Provider).
  2. In order to exercise their rights, the Service User should contact the Service Provider.
  3. If the Service User considers that his or her data is being processed illegally, the Service User may submit a complaint to the authority competent for the protection of personal data. In Poland, it is the President of the Personal Data Protection Office.
  • 8 CHANGE IN THE REGULATIONS OR ACCOUNT
  1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason means the need to change the Regulations caused by:
    1. changing the functionality of the Account, requiring a modification of the Regulations or
    2. changes in legal provisions affecting the implementation of the Account maintenance agreement by the Service Provider or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, resolutions, interpretations or decisions of authorized public authorities or
    3. change of contact or identification data of the Service Provider.
  2. Information about the planned change to the Regulations will be sent to the Service User's e-mail address assigned to the Account at least 7 days before the changes come into force.
  3. If the Service Recipient does not object to the planned changes until they enter into force, it is assumed that he accepts them, which does not constitute any obstacle to terminating the contract in the future.
  4. If the planned changes are not accepted, the Service User should send information about it to the Service Provider's e-mail address provided in § 2 of the Regulations, which will result in the termination of the Account management agreement when the planned changes come into force.
  5. The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account maintenance agreement, for the reason specified in section 1 letter b or due to a change in the functionality of the Account. The introduction of the change referred to in the previous sentence will not involve any costs on the part of the Privileged Service User. The provision of section 2-4 apply accordingly.
  6. If the change referred to in section 5, significantly and negatively affects the Privileged Service User's access to or use of the Account, the Service Provider will send the Privileged Service User's e-mail address, in advance, on a durable medium, information about the properties and date of making this change and the rights related to this change. change of the privileged Service User.
  • 9 FINAL PROVISIONS
  1. The Service User is prohibited from providing illegal content.
  2. The Account Maintenance Agreement is concluded in Polish.
  3. The contract concluded on the basis of these Regulations is subject to the provisions of Polish law, subject to paragraph. 4.
  4. The choice of Polish law for a contract concluded with the Consumer under the Regulations does not waive or limit the Consumer's rights under mandatory legal provisions applicable to the Consumer in a situation where there is no choice of law. This means in particular that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law, this broader protection shall apply.
  5. In the event of a possible dispute with a Service Recipient who is not a privileged Service Recipient, related to the Account maintenance agreement, the competent court will be the court competent for the seat of the Service Provider.
  6. Any liability of the Service Provider in connection with the Account maintenance agreement towards a Service User who is not a privileged Service User, within the limits permitted by law, is excluded.

 

 

 

 

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer or the privileged Entrepreneur may, but does not have to, use:

SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

DA-GROUP DIVOCHI SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA
street Sadowa 2/11, 20-027 Lublin, Poland
e-mail adress: eu.divochi@gmail.com

– I/We(*) …………………………………………………………… hereby inform(*) about my/our withdrawal from the contract for the provision of the following service(* ) / to provide digital content in the form of(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

- The date of conclusion of the contract(*)

…………………………………………………………………………………………………………………………………………………………

– Name and surname of the Consumer(s)/Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s)/Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of the Consumer(s)/Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.