These Regulations define the general conditions, principles and method of sales conducted by DONMET-EUROPE sp. z o.o. based in Tychy, via the online store https://www.donmet.com.pl/ (hereinafter referred to as the “Online Store”) and defines the terms and conditions of the provision by DONMET-EUROPE sp.z o.o. based in Tychy, free services electronically.
1 Definitions
- Working days – means days of the week from Monday to Friday, excluding public holidays.
- Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
- Supplier – means a courier company with which the Seller cooperates in the delivery of Goods.
- Password – means a sequence of letters, digits or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
- Customer – means an entity to which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which a Sales Agreement may be concluded.
- Consumer – means a natural person performing a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
- Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has completed Registration and concluded an agreement to provide the Customer Account Maintenance service.
- Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
- Regulations – means these regulations.
- Registration – means an actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
- Seller – means DONMET-EUROPE limited liability company, registered office at ul.Jedności 27, 43-100 Tychy, registered in the National Court Register under the number KRS0000663554, District Court in Katowice, 8th Commercial Division of the National Court Register, NIP 779-245-80-07, share capital 5,000 PLN, the required contributions to the share capital have not been made; e-mail: donmet.europe@gmail.com, which is also the owner of the Online Store.
- Store Website – means the websites under which the Seller runs the Online Store, operating in the domain https://www.donmet.com.pl/
- Goods – means a product presented by the Seller via the Store Website, which may be the subject of a Sales Agreement.
- Durable medium – means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is served, and which allows the stored information to be reproduced unchanged.
- Sales contract – means a sales contract concluded remotely, on the terms specified in the Regulations, between the Customer and the Seller.
2 General provisions and use of the Online Store
- All rights to the Online Store, including economic copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logos and photos posted on the Store’s Website belong to their legal owners, and the use of them may only occur in a manner specified and in accordance with the law.
- The Seller will make every effort to ensure that the Online Store can be used by Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements to use the Store’s Website are a web browser of at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting cookies and an Internet connection with bandwidth of at least 256 kbit/s. The Store’s Website is optimized for a minimum screen resolution of 1024×768 pixels.
- The Seller uses the mechanism of “cookies”, which, when Customers use the Store’s Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. The use of “cookies” is intended to ensure the proper operation of the Store’s Website on Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not cause configuration changes in the Customer’s end devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of their end device. The Seller indicates that disabling cookies may, however, cause difficulties or prevent the use of the Store’s Website. Detailed rules for the use of cookies can be found in the Privacy Policy
- In order to place an order in the Online Store via the Store’s Website or via e-mail and to use the services available on the Store’s Websites, the Customer must have an active e-mail account.
- In order to place an order in the Online Store by phone, the Customer must have an active telephone number and an active e-mail account.
- The Customer is prohibited from providing illegal content and from using the Online Store, the Store’s Website or free services provided by the Seller in a manner contrary to the law, good practices or violating the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
- It is not permissible to use the resources and functions of the Online Store in order to conduct activities by the Customer that would violate the interests of the Seller.
3 Registration
- In order to create a Customer Account, the Customer is obliged to complete free Registration.
- Registration is not necessary to place an order in the Online Store.
- In order to Register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function included in the registration form. During Registration, the Customer sets an individual Password.
- When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate box in the form.
- During Registration, the Customer may voluntarily consent to the processing of his or her personal data for marketing purposes (newsletter, receiving promotional offers) by checking the appropriate box in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as about the known or expected recipients of this data.
- The Customer’s consent to the processing of his or her personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration by the Customer to the Seller. The declaration may, for example, be sent to the Seller’s address via e-mail.
- After sending the completed registration form, the Customer immediately receives confirmation of Registration by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the electronic provision of the Customer Account Management service is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during Registration.
4 Orders
- The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
- The Customer may place orders in the Online Store via the Store’s Website or e-mail 7 days a week, 24 hours a day.
- The Customer may place orders in the Online Store via telephone during the hours and days indicated on the Store’s Website.
- The Customer placing an order via the Store’s Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating the delivery method and payment method in the “CART”, the Customer places the order by sending the order form to the Seller by selecting the “I order with the obligation to pay” button on the Store’s Website. Each time before the order is shipped to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
- The Customer placing an order via telephone uses the telephone number provided by the Seller on the Store’s Website. The Customer places an order by phone, providing the Seller with the name of the Goods from among the Goods available on the Store’s Website and the quantity of the Goods he wants to order. Then, after completing the entire order, the Customer specifies the method and address of the Delivery and the form of payment, and also indicates, at his option, his e-mail address or correspondence address to confirm the order. Each time the Customer places an order by phone, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected Delivery method, as well as all additional costs that he is obliged to incur in connection with the Sales Agreement.
- After the Customer places an order via telephone, the Seller will send information containing confirmation of the terms of the Sales Agreement on a durable medium to the e-mail or correspondence address provided by the Customer. The confirmation includes in particular: the description of the Goods that are the subject of the Sales Agreement, its price, the cost of Delivery and information about any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
- The customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer provides in particular: the name of the Goods, color and quantity from among the Goods presented on the Store’s Website and his/her contact details.
- After receiving from the Customer electronically the message referred to in §4 section 7, the Seller sends a return message to the Customer via e-mail, providing his/her registration data, the price of the selected Goods and possible forms of payment and the method of Delivery along with its cost, as well as information about all additional payments that the Customer would incur under the Sales Agreement. The message also contains information for the Customer that concluding the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the selected payment method and delivery method.
- Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
- After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information about acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §4 section 9 above and upon its receipt by the Customer, a Sales Agreement is concluded.
- After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer’s e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.
5 Payments
- The prices on the Store’s Website posted for a given Good are gross prices and do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
- The Customer may choose the following forms of payment for the ordered Goods:
- bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the confirmation of order acceptance to the Customer and after the funds are transferred to the Seller’s bank account);
- bank transfer via the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. based in Luxembourg (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after the Seller receives information from PayPal about the payment made by the Customer);
- payment card or bank transfer via the external payment system przelewy24.pl, operated by PayPro S.A. based in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after the funds are transferred to the Seller’s bank account). The payment card operator is PayPro SA Agent Rozliczeniaowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
- The Customer should make payment for the order in the amount specified in the concluded Sales Agreement within 7 Business Days, if he has chosen the form of prepayment.
- In the event of failure by the Customer to make payments within the deadline referred to in §5 section 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. Information about the additional deadline for payment also includes information that after the ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to Art. 491 of the Civil Code.
6 Delivery
- The Seller carries out the Delivery within the territory of the Republic of Poland.
- The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
- The Seller posts information on the Store’s Website about the number of Business Days needed for Delivery and execution of the order.
- The delivery and order completion date indicated on the Store’s Website is counted in Business Days in accordance with §5 section 2 of the Regulations.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day the Goods are sent to the Customer, information confirming that the shipment has been sent by the Seller is sent to the Customer’s e-mail address.
- The customer is obliged to examine the delivered shipment at the time and in the manner accepted for shipments of a given type. If the shipment is found to be missing or damaged, the Customer has the right to request the Supplier’s employee to prepare an appropriate report.
- The Seller, in accordance with the Customer’s will, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery.
- In the event of the Customer’s absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact him by phone in order to arrange a date when the Customer will be present. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.
7 Warranty
- The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- If the Goods have a defect, the Customer may:
- submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with defect-free ones or removes the defect.
- demand replacement of the defective Goods with those free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with those free from defects or remove the defect within a reasonable time without excessive inconvenience to the Customer.
- This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defects. The Customer may, instead of removing the defect proposed by the Seller, request replacement of the Goods with a defect-free one or instead of replacing the Goods, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to a different method of satisfaction are taken into account.
- The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing about compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
- The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the delivery cost is covered by the Seller.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. The claim for removal of a defect or replacement of the Goods with a defect-free one expires after one year, but this period cannot end before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested the replacement of the Goods with a defect-free one or the removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a declaration of price reduction begins upon the ineffective expiry of the deadline for replacing the Goods or removing the defect.
- Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address.
- The Seller will, within 14 days from the date of the request containing the complaint, respond to the complaint about the Goods or the complaint related to the implementation of the Sales Agreement submitted by the Customer.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. Complaints may be submitted electronically and sent to donmet.europe@gmail.com. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with a response.
- The Seller does not use out-of-court resolution of disputes referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.
8 Warranty
- Goods sold by the Seller may be covered by a warranty granted by the manufacturer of the Goods or the distributor.
- In the case of Goods covered by a warranty, information regarding the existence and content of the warranty is always presented on the Store’s Website.
9 Withdrawal from the Sales Agreement
- A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving a reason within 14 days.
- The deadline for withdrawal from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.
- The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller’s address, via e-mail to the Seller’s address. The declaration can be submitted on a form, the template of which has been posted by the Seller on the Store’s Website at: Withdrawal Form. To meet the deadline, it is enough to send the declaration before its expiry.
- The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send the declaration before its expiry. The Seller immediately confirms to the Consumer the receipt of the form submitted via the website.
- In the event of withdrawal from the Sales Agreement, it is considered null and void.
- If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Sales Agreement, refund all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Customer provides proof of returning the Goods, depending on which event occurs first.
- If the Consumer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred.
- The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
- In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
- If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer about the costs of returning the item on the Store’s Website.
- The Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
10 Free services
- The Seller provides free services to Customers electronically:
- Newsletter;
- Maintaining a customer account.
- Services indicated in §10 section 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services, about which he will inform Customers in a manner appropriate to amending the Regulations.
- The Newsletter service can be used by any Customer who enters his or her e-mail address using the registration form provided by the Seller on the Store’s Website. After sending the completed registration form, the Customer immediately receives confirmation from the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the electronic provision of the Newsletter service is concluded.
- During Registration, the Customer may additionally select the appropriate box in the registration form to subscribe to the Newsletter service.
- The Newsletter service consists in sending by the Seller, to the e-mail address, a message in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all customers who have subscribed.
- Each Newsletter addressed to given Customers contains, in particular: information about the sender, a completed “subject” field specifying the content of the shipment and information on the possibility and method of unsubscribing from the free Newsletter service.
- The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
- The Customer Account Maintenance service is available after Registration in accordance with the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store’s Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed.
- The Customer who has registered may submit a request to delete the Seller’s Customer Account, and if the Seller requests to delete the Customer Account, it may be deleted within 14 days of submitting the request.
- The Seller is entitled to block access to the Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, the Customer violates the law or the provisions of the Regulations, and when blocking access to the Customer Account and free services is justified for security reasons. – in particular: the Customer breaking the security of the Store’s Website or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.
11 Personal data protection
- The administrator of Customers’ personal data provided to the Seller voluntarily as part of Registration, placing a one-time order and as part of the provision of services by the Seller electronically or under other circumstances specified in the Regulations, is the Seller.
- The Seller processes Customers’ personal data in order to fulfill orders, provide services by electronic means and other purposes specified in the Regulations and Privacy Policy. The data is processed solely on the basis of legal provisions or the consent expressed by the Customer in accordance with applicable law.
- The Customer provides his/her personal data to the Seller voluntarily, with the reservation, however, that failure to provide specific data in the Registration process prevents Registration and creation of a Customer Account and prevents the submission and execution of the Customer’s order in the event of placing an order without Registration of a Customer Account.
- Anyone who provides their personal data to the Seller has the right to access their content and correct it or request its deletion, and, in cases provided for by law, request the cessation of the processing of their personal data.
- The Seller protects the personal data provided to it and makes every effort to protect it against unauthorized access or use by unauthorized persons.
- The Seller provides the Customer’s personal data to the Supplier to the extent necessary to complete the Delivery.
- If the Customer chooses to pay via the przelewy24.pl system, his or her personal data is transferred to the extent necessary to process the payment to PayPro S.A. Settlement Agent based in Poznań (60-327 Poznań, ul. Kanclerska 15), entered into the register of entrepreneurs kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
12 Termination of the contract (does not apply to Sales Agreements)
- Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, provided that the rights acquired by the other party before the above-mentioned termination are preserved. agreement and provisions below.
- The Customer who has registered terminates the contract for the provision of services electronically by sending an appropriate declaration of will to the Seller, using any means of remote communication enabling the Seller to become familiar with the Customer’s declaration of will.
- The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
13 Final provisions
- The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of actual losses suffered by the Customer who is an Entrepreneur.
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store’s Website.
- If a dispute arises under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.
- The Seller informs the Customer who is a 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. These may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
- The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for an online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
- The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the day the order was placed by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of a message sent electronically containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact, which results in termination of the contract in accordance with the provisions of §12 of the Regulations.
- The Regulations enter into force on February 2, 2020.
Company’s data:
DONMET-EUROPE sp.z o.o.
ul.Jedności 27, 43-100 Tychy, Poland
NIP 779-245-80-07
REGON: 366562094
donmet.europe@gmail.com