Terms and Conditions of the Online Store - www.dolasu.pl

version valid from 28.03.2023

I. General provisions

1. These Regulations define the general terms and conditions, manner of providing Electronic Services and sales conducted via the Internet Store www.dolasu.pl. The Store is operated by OUTDOOR PIENIĄŻEK I PIENIĄŻEK SPÓŁKA JAWNA with its registered seat in Piaseczno, 39 Pomorska Street, 05-501 Piaseczno, registered in the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Department of the National Court Register, under KRS number 0000285479, NIP 1231118972, REGON 141065208, BDO 000438091, hereinafter referred to as the Seller.
2. Contact with the Seller takes place through:
   1. e-mail address: dolasu@dolasu.pl;
   2. phone number: +48 (22) 4282888;
   3. contact form available on the pages of the Online Store.
   4. chat available on the store
   5. 's
   6. website
   7. .
4. These Terms and Conditions are continuously available on the website www.dolasu.pl, in a manner that allows obtaining, reproducing and recording its content by printing or saving on a carrier at any time.
5. The Seller informs that the use of Services provided electronically may involve risks on the part of any user of the Internet, consisting of the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.

II. Definitions

The terms used in the Regulations shall mean:

1. Business days - are days from Monday to Friday excluding public holidays;
2. Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order within the Internet Store or uses other Services available in the Internet Store;
3. Civil Code - the Act of April 23, 1964.
4. (Journal of Laws No. 16, item 93, as amended);
5. Account - a part of the Online Store assigned to a given Customer, through which the Customer may perform certain actions within the Online Store;
6. Consumer - a
7. Customer
8. who is a consumer within the meaning of Article 22[1] of the Civil Code;
9. Entrepreneur - a Customer who is an entrepreneur within the meaning of Art.
10. 43[1] of the Civil Code;
11. Terms and Conditions - this document;
12. Goods - a product presented in the Online Store, the description of which is available next to each of the presented products;
13. Sales Agreement - an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
14. Services - services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on electronic services (Dz.
15. Journal
16. of
17. Laws
18. No. 144, Item 1204 as amended);
19. Consumer Rights Act - the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, No. 827);
20. Act on Providing Services by Electronic
21. Means
22. - the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, Item 1204 as amended);
23. Order - the Customer's declaration of will, aimed directly at concluding the Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

1. The use of the Online Store is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
   1. computer or mobile device with access to the Internet,
   2. access to e-mail,
   3. web browser Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,
   4. enable Cookies and Javascript in the web browser
   5. .
3. Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
4. In particular, the Customer is obliged to:
   1. not to provide or transmit content prohibited by law, e.g.
   2. content
   3. that
   4. promotes violence, defamatory content or content that violates the personal rights and other rights of third parties,
   5. use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
   6. not to take actions such as:
   7. sending or posting unsolicited commercial information (spam) within the Internet Shop,
   8. use of the Internet Shop in a manner not burdensome for other Clients and the Seller,
   9. use of any content posted within the Internet Shop only for personal use,
   10. use of the Internet Shop in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

IV. Services

1. The Seller makes it possible through the Internet Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the Service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request for deletion.
3. The Client has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Client (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial informationat any time .
4. The Newsletter Service Agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link included in the content of the message sent within the Newsletter Service.
5. The Customer has the possibility to send messages to the Seller using the contact form
6. .
7. The contract for the provision of the Service consisting of providing an interactive form that allows the Customer to contact the Seller is concluded for a definite period of time and is terminated as soon as the Customer sends a message.
8. The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated as soon as the opinion is added.
9. Statements should be edited in a clear and understandable manner, moreover, they can not violate applicable laws, including the rights of third parties - in particular, they cannot be defamatory, violate personal rights or constitute an act of unfair competition.
10. Posted statements are disseminated on the web pages of the Online Store.
11. By posting a statement, the Client agrees to the free use of that statement and its publication by the Seller, as well as to develop works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
12. The Customer, having an Account, after logging in to it, has the opportunity to add Goods to the list of , "To favorites". The contract for rendering the Service consisting in adding Goods to the list of ,,To my favorites'' is concluded for a definite period of time and is terminated at the moment of removing the Goods from the list or termination of the browser session by the Client.
13. The Client can contact the Seller via chat available on the Store's website. The contract for provision of the Service consisting in making available an interactive chat room enabling the Client to contact the Seller is concluded for a definite period of time and is terminated when the Client closes the chat window or leaves the website of the Online Store.
14. The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the web pages of the Store. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
15. In the event of violation of the provisions of these Regulations by the Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.

V. Procedure for conclusion of the Sales Agreement

1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
2. All Goods available at the Online Store have been legally introduced into the Polish market and are in accordance with the Contract, except for used Goods, the specific feature of which deviates from the requirements of conformity with the Contract. The Seller shall inform the Client in the description of the Goods which features of the Goods deviate from the requirements of conformity with the Contract, and shall make available to the Client technical means enabling the Client to separately and clearly accept such features.
3. In the event that the Seller uses mechanisms for individual price adjustment on the basis of automated decision-making, I shall provide this information to the Consumer in each case, when placing an Order, taking into account the requirements imposed in this regard by data protection regulations.
4. The condition for placing an Order is to have an active e-mail account.
5. In the case of placing an Order through the Order form available on the website of the Online Shop, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller's acceptance of the Client's offer and at the moment of its receipt by the Client a Contract of Sale is concluded.
6. Placing an Order on the Online Store by telephone or by sending an e-mail message takes place on the Business Days and hours indicated on the Online Store website. For this purpose, the Customer should:
   1. specify during the phone call or in the content of the electronic message addressed to the Seller the name of the Goods from among the Goods on the Store's website and its quantity,
   2. indicate the method of delivery and the form of payment from among the methods of delivery and payment indicated on the Store's website,
   3. provide the data necessary for the execution of the Order, in particular: name and surname, place of residence, telephone number and e-mail address.
8. Information on the total value of the Order, referred to in the above point, is given each time by the Seller verbally after completing the entire Order or by informing by e-mail with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment
9. the
10. Contractof Saleis concluded. In the
11. case of a Customer who is a Consumer, the Seller each time after placing an Order via telephone or e-mail sends the Customer a confirmation of the terms of the Order placed
12. .
13. The Contract is concluded when the Customer, being a Consumer, sends (in response to the confirmation of the terms of the Order sent by the Seller) an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the submitted Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms reading the instructions on withdrawal from the Contract.
14. Upon conclusion of the Contract of Sale, the Seller confirms the terms and conditions of the Contract to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
15. The Contract of Sale is concluded in the Polish language, with the content consistent with the Terms and Conditions.

VI. Delivery

1. Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer in the course of placing the Order.
2. The Goods are delivered through a courier company.
3. The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the execution of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
4. The period for delivery and fulfillment of the Order is calculated in Business Days in accordance with pt.
5. VII item 2.
6. The Seller shall provide the Customer with a proof of purchase.
7. If different lead times are provided for the Goods covered by the Order, the longest period among those provided shall apply to the entire Order.

VII. Prices and payment methods

1. The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees.
2. The Client may choose the following methods of payment:
   1. bank transfer to the Seller's bank account (in this case, the execution of the Order will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
   2. cash on delivery - payment at the Seller's personal collection point (in this case, the execution of the Order will be carried out immediately after the Seller sends the Customer a confirmation of acceptance of the Order, and the Goods will be released at the Seller's personal collection point);
   3. cash on delivery, payment of the supplier at the time of delivery (in this case, realization of the Order and its shipment will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and completion of the Order);
   4. electronic payment (in this case, execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent's system about the payment made by the Customer, and shipment will be made immediately after completion of the Order);
   5. payment in the installment system (in this case, execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, its completion and after receiving from Santander Consumer Bank S.A. based in Wrocław payment for the ordered Goods).
4. The Seller shall inform the Client on the Store's website about the deadline within which the Client is obliged to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment with setting an appropriate time limit, may withdraw from the Contract on the basis of Article 491 of the Civil Code.

VIII. Entitlement to withdraw from the Contract

1. The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 21 days. To meet this deadline it is sufficient to send the statement before its expiration.
2. The Customer may formulate the statement on his/her own or use the sample statement provided by the Seller on the Shop's website.
3. The 21-day period starts from the date on which the Goods were delivered or, in the case of a Service Contract, from the date of its conclusion.
4. Upon receipt of the Consumer's statement of withdrawal from the Contract, the Seller will send a confirmation of receipt of the statement of withdrawal to the Consumer's e-mail address.
5. The Consumer's right to withdraw from the Contract is excluded in the case of: a. Agreement for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the performance that after the performance by the entrepreneur will lose the right to withdraw from the Agreement, and has accepted it; b. A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiry of the deadline for withdrawal from the contract;
   1. A
   2. contract
   3. in which
   4. the
   5. subject of performance is a non-refabricated Goods, produced to the Consumer's specifications or serving to meet his individualized needs;
   6. A contract in which the subject of performance is a Goods subject to rapid deterioration or having a short shelf life;
   7. An agreement in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after
   8. delivery
   9. ;
   10. An agreement in which the subject of performance are products that after delivery, due to their nature, are inseparably combined with other things;
   11. A contract in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control;
   12. An agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal from the Agreement is vested in the Consumer with respect to additional services or Goods;
   13. An agreement in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
   14. An agreement the object of which is the supply of newspapers, periodicals or magazines, except for a subscription agreement;
   15. An agreement concluded by public auction;
   16. An agreement for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the Consumer.
   17. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
   18. A contract for the provision of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has begun the performance with the express and prior consent of the Consumer, who was informed before the start of the performance that after the Seller's performance, he will lose the right of withdrawal from the contract, and accepted it, and the Seller has provided the Consumer with the confirmation referred to in Art. 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.

6. Other exceptions to the right to withdraw from the Agreement are indicated in Article 38 (2) of the Consumer Rights Act

1. 1. .

6. In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded. What the parties have provided shall be returned in an unaltered state, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the address of the Seller.
7. The Seller shall promptly, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the Goods back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the Goods from the Consumer itself.
8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
9. The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

Replacement

1. The Seller shall provide the Customer with the opportunity to exchange the Goods within 21 days from the date of delivery. The demand for exchange can be reported to the address OUTDOOR PIENIĄŻEK I PIENIĄŻEK SPÓŁKA JAWNA, ul. Śląska 36, 05-501 Piaseczno.
2. The Customer may exchange the Goods for: the
   1. same model, with a different color or size,
   2. another model, with a lower, higher or the same price.
3. The exchange of the Goods is possible only for the Goods currently on the Seller's website.
4. In order to exchange the Goods, the Customer should fill in and sign the exchange form available on the Store's Website, properly secure the parcel, and attach the proof of purchase and confirmation of transfer for the amount necessary to cover the shipping costs of the new Goods. The Goods in exchange should be sent to the Seller by registered mail, the cost of which shall be borne by the Customer.
5. The Seller will contact the Customer if the Goods to be exchanged were no longer available. The Customer will be able to opt for another Goods or withdraw from the exchange. In the case of withdrawal from the exchange, the Goods shall be returned to the Customer at his expense.
6. In case of exchange for Goods with a lower price, the refund will be made within 14 days using the same payment method that the Customer used to purchase the Goods.
7. In the case of exchange for Goods with a higher price, the Seller will exchange the Goods after recording the payment of an amount equal to the price difference. In order to speed up the exchange process, the Customer may enclose with the shipment a confirmation of the transfer.
8. Only Goods that are clean and do not bear traces of use are subject to exchange. The Seller refuses to exchange the Customer if the Goods are damaged.

Complaints regarding the Goods

1. The Seller undertakes to deliver Goods in accordance with the Contract, except for used Goods, the specific feature of which deviates from the requirements for compliance with the Contract. The Seller shall inform the Client about the absence of a specific feature deviating from the requirements of conformity with the Contract.
2. The Seller shall be liable for non-conformity of the Goods with the Contract under the terms of the Consumer Rights Act to the Customer who is a Consumer and to the Customer who is a natural person concluding the Contract directly related to his/her business activity, when it follows from the content of the Contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
3. Complaints
4. against entrepreneurs are excluded.
5. Complaints arising from violation of the Customer's rights guaranteed by law or on the basis of these Regulations should be addressed to OUTDOOR PIENIĄŻEK I PIENIĄŻEK SPÓŁKA JAWNA, 36 Śląska Street, 05-501 Piaseczno, e-mail address: dolasu@dolasu.pl, telephone number +48 (22) 4282888.
6. In order to consider a complaint, the Customer should send or deliver the Goods under complaint, if possible attaching a proof of purchase
7. .
8. The Goods should be delivered or sent to the address indicated in item.
9. 3.
10. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
11. In the case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

Complaints regarding the provision of electronic services

1. The Client may submit complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints may be submitted in writing to the address:
2. OUTDOOR PIENIĄŻEK I PIENIĄŻEK SPÓŁKA JAWNA, ul. Śląska 36, 05-501 Piaseczno, at e-mail address:
3. dolasu@dolasu.pl, telephone number +48 (22) 4282888. In a
4. complaint, the Customer should provide his/her name, mailing address, type and description of the problem
5. .
6. The Seller undertakes to consider each complaint within 14 days of its receipt. In case of deficiencies in the complaint, the Seller will call the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XII. Guarantees

1. Goods may have manufacturer's warranty.
2. In the case of Goods covered by a guarantee, information on the existence and content of the guarantee, as well as the period for which it is granted, is each time presented in the description of the Goods on the website of the Store.

XIII. Out-of-court methods of settling complaints and pursuing claims

1. A Customer who is a Consumer has, among others. the following possibilities to use out-of-court ways of dealing with complaints and claims:
   1. is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
   2. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable termination of a dispute between the Customer and the Seller;
   3. may obtain free assistance in resolving a dispute between the Customer and the Vendor, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of consumers (among others.Federation of Consumers, Association of Polish Consumers, among others).
   4. Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
   5. file your complaint via the EU ODR online platform, available at : http://ec.europa.eu/consumers/odr/.

XIV. Personal data protection

The Seller collects and processes personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, available on the Shop website.

XV. Final provisions

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of the same may be carried out only in the manner specified and in accordance with the Terms and Conditions.
2. The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity. The provisions on out-of-court methods of settling complaints and pursuing claims do not apply.
3. Settlement of potential disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. Settlement of disputes, if any, arising between the Seller and the Customer who is an Entrepreneur
5. shall
6. be submitted to the court having jurisdiction over the registered office of the Seller. In
7. matters not covered by these Regulations the provisions of the Civil Code, the provisions of the Act on electronic services, the provisions of the Act on consumer rights and other relevant provisions of Polish law shall apply
8. .
9. Each Customer will be informed of any changes to these Regulations through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes along with their summary to the e-mail address indicated by them. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.