Below you will find regulations of the online store https://donomoda.pl
The shop belongs to Dono da Scheggia Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa, KRS: 0000417278, NIP: 6342808493.
Registered office address: ul. Dyrekcyjna 2, 40-012 Katowice.
You can contact us at any time by sending a message to the e-mail address firstname.lastname@example.org or by calling the number +48 516 133 566.
Greetings and happy shopping!
Dono da Scheggia shop team.
§ 1 Definitions
For the purposes of these Regulations, the following terms shall have the following meaning:
1) Buyer – a natural person with full legal capacity, a legal person or a defective legal person,
2) Consumer – a Buyer who is a natural person, concluding a sales contract with the Seller not directly related to its business or professional activity,
3) Regulations – these regulations, available at https://donomoda.pl/regulamin,
4) Store – an online store operating at https://donomoda.pl
5) Seller – Dono da Scheggia Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa, KRS: 0000417278, NIP: 6342808493, Address of the Company’s registered office: ul. Dyrekcyjna 2, 40-012 Katowice.
§ 2 Preliminary Provisions
1. Through the Store, the Seller conducts retail sales, while providing electronic services to the Buyers. Through the Store, the Buyer may purchase products shown on the Store’s website.
2. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.
3. To use the Store, in particular to make a purchase in the Store, it is not necessary to meet specific technical conditions by the Buyer’s computer or other device. Sufficient are:
1) Internet access,
2) standard operating system,
3) standard web browser,
4) having an active e-mail address.
4. The Buyer may not make a purchase in the Store anonymously or under a pseudonym.
5. When using the Store, it is forbidden to provide content that is unlawful or contrary to decency, in particular by sending such content via the forms available in the Store. It is forbidden to use the Store in a way that interferes with its proper functioning.
6. The Buyer is obliged to use the Store in a manner consistent with generally applicable laws, as well as the provisions of these Regulations.
7. All product prices listed on the Store’s website are gross prices. The prices in question do not include the cost of shipping the products. The prices of goods given on the Store’s website are valid only when placing orders via the Store’s website.
8. The provisions of these Regulations guarantee the protection of consumer rights under the mandatory provisions of law.
9. For the safety of using the Store, the Seller recommends that the Buyer use antivirus and Firewall software. The Seller declares and the Buyer acknowledges that using the Store may involve the risk of using the Internet.
10. The content made available on the Store’s website (in particular, graphics, photos, texts), including their selection and arrangement, constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights, thus they are protected in / in the act provided for.
11. The use of the Store by the Buyer or another person visiting the Store does not result in the acquisition by these entities of any rights to intangible assets to the shared works, except for the right to use them within the scope of permitted use prescribed by law and necessary to perform the service.
12. The Seller reserves the right to temporarily stop making the Store available due to undertaking service activities or aimed at modifying the Store.
§ 3 Services provided electronically
1. Through the Store, the Seller provides electronic services to the Buyer.
2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store. Placing an order and viewing the offer is possible without creating an account in the Store.
3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting in setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and a password defined by him.
4. Setting up an account in the Store is done by completing and sending, using the Store’s automatic mechanism, a registration form. Upon sending the registration form, an agreement for maintaining an account in the Store is concluded between the Buyer and the Seller (hereinafter referred to as: Account Agreement). The Agreement in question is concluded for an indefinite period, and the Buyer may terminate this agreement with immediate effect at any time by deleting the account. The Buyer may also terminate the agreement via e-mail to the address email@example.com or in writing to the address of the Seller’s registered office. The Buyer is entitled to terminate the Account Agreement without giving any reason and without incurring any costs. Termination of the Agreement for maintaining an account in the Store does not affect the contracts for the sale of goods concluded via the account in the Store.
5. Services are provided electronically to the Buyer free of charge. However, sales contracts concluded via the Store are payable
6. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
7. The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
8. Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the e-mail address firstname.lastname@example.org. In the complaint, the Buyer should provide the name and surname, correspondence address, e-mail address, as well as the type and date of occurrence irregularities related to the functioning of the Store. The Seller will consider all complaints within 14 days of receiving the complaint and will inform the Customer about its settlement to the e-mail address of the complainant. The Buyer may also submit a complaint in writing to the Seller’s address. Then the Seller will send a response to the complaint in the manner indicated by the Buyer, i.e. in electronic or traditional form.
9. The Seller may terminate the Account Agreement without notice if:
a) The Buyer uses the account in the Store in a way that violates the law or the provisions of these Regulations.
b) The Buyer uses the account in the Store in a way that interferes with its functioning.
10. The Seller may submit a statement of termination of the Maintenance Agreement by sending the Buyer a statement of termination of the contract via e-mail to the e-mail address currently registered in the Online Store.
11. Termination of the agreement for maintaining an account in the Store by either Party, as well as termination of the Agreement for maintaining an account with the consent of both Parties will result in blocking and removing the Account from the Store.
§ 4 Placing an order
1. The buyer can place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Store. The Buyer can set up an account from the “My Account” tab or when placing an order.
3. In order to place an order, the Buyer is obliged to take the following steps:
1) select the product or products that are the subject of the order by clicking the “Add to cart” button,
2) from the basket view, click on the “Proceed to checkout” button,
3) log in to your account in the Store, set up an account or select the “Buy as a guest” option – does not apply to the Buyer who logged in to his account before starting to place an order,
4) provide the address for shipping the order and invoice data – if the Buyer has previously added specific data to the account, he may select these data without having to re-enter them or provide other data; if the “Buy as a guest” option is selected, the Buyer is additionally obliged to provide his/her name and surname, address and telephone number or e-mail address,
5) choose the method of delivery and payment for the order,
6) read the Regulations and accept them – the Buyer accepts the Regulations only if he has read its content and actually accepts its provisions; acceptance of the Regulations is voluntary, but necessary to place an order,
7) click on the “Buy and pay” button; until clicking the “Buy and pay” button, the Buyer is entitled to cancel the order, as well as to modify it, in particular in terms of the selection of goods, method of delivery or collection of goods, method of payment, data provided in the order form.
4. Placing an order by the Customer (by clicking the “Buy and pay” button) is tantamount to submitting an offer to the Seller to conclude a contract for the sale of goods covered by the order. Placing an order entails the obligation to pay.
5. If the Buyer has chosen the method of payment for the order in the form of payment via the DotPay website, after clicking the “I order with the obligation to pay” button, the Buyer will be transferred to the transaction page of the DotPay website in order to make the payment for the order. After making the payment, the Buyer will be redirected back to the Store’s website with order confirmation. At this moment, the contract for the sale of products covered by the order is considered concluded between the Buyer and the Seller.
6. If the Buyer has chosen a payment method for orders other than payment via DotPay, after clicking the “Buy and pay” button, he will be immediately transferred to the order confirmation page. At this moment, the contract for the sale of products covered by the order is considered concluded between the Buyer and the Seller.
7. If the Buyer has chosen the payment method for the order on delivery (cash on delivery), the Buyer is obliged to make the payment upon receipt of the shipment containing the ordered goods. The Buyer who placed the order and chose the cash on delivery option has the right to cancel the order (contractual right to withdraw from the sales contract) until the Seller sends the shipment with the subject of the order to the Customer. A declaration of will to cancel the order may be submitted, in particular, by e-mail to the address email@example.com. The above right to cancel the order (contractual right to withdraw from the contract) does not affect or limit the Consumer’s right to withdraw from the contract within 14 days without giving a reason pursuant to the Act of 30 May 2014 on consumer rights.
8. In the order form, the Buyer must provide true personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises the Seller’s reasonable doubts as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer makes contact.
9. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with section 6 above.
§ 5 Forms of delivery and payment methods
1. The buyer can choose from the following forms of order delivery:
1) Cash on delivery via a courier company.
2) Personal collection at the Store’s headquarters, i.e. ul. Dyrekcyjna 2, 40-012 Katowice.
2. The cost of delivery is borne by the Buyer, unless the Seller specifies otherwise in the Store. Personal collection does not involve any additional delivery costs for the Buyer.
3. The buyer has the following payment methods to choose from for the ordered products:
1) payment on delivery
2) payment at the Store’s headquarters.
§ 6 Order fulfillment
1. After the Buyer has placed an order in accordance with the procedure described in § 4 of the Regulations, an order confirmation and information about the acceptance of the order for execution will be sent to the Buyer’s e-mail address. As soon as the Buyer receives an e-mail from the Seller (sent to the e-mail address provided in the order form or in the Buyer’s Account) with confirmation of receipt of the order and acceptance of the order for execution, a sales contract is concluded between the Buyer and the Seller. The content of the concluded contract is confirmed and recorded by sending the Buyer the e-mail indicated in the first sentence with confirmation of receipt of the order and acceptance of the order for execution, together with attachments in PDF format, which include these Regulations, instruction on the right to withdraw from the contract, a template of the statement of withdrawal from the contract contract
2. If the Buyer has chosen the payment method in the form of a transfer to the Seller’s bank account, he is obliged to pay for the order within 7 days from the conclusion of the contract. If the Buyer fails to make the payment within the time limit in question, the Seller will send information to the e-mail address provided by the Buyer about setting an additional deadline of 3 days for making the payment, under pain of withdrawal from the contract. The customer does not bear any costs related to the Seller’s withdrawal from the contract.
3. The execution of the order consists in its preparation for shipment to the Buyer or for personal collection by the Buyer. The order is considered completed when the order is prepared for shipment or prepared for personal collection by the Buyer.
4. The order fulfillment time is each time indicated in the product description.
5. If the order includes more than one product, the order execution time is the longest time indicated in the description of the product included in the order.
6. After completing the order, the Seller will send to the Buyer’s e-mail address confirmation of the order and will start shipping the order to the Buyer or notify the Buyer about the possibility of collecting the personal order.
7. The shipment of the order to the Buyer is carried out in the manner chosen by the Buyer in accordance with § 4 para. 1 of the Regulations.
8. The delivery time of the order to the Buyer depends on the shipping method selected by the Buyer and is counted from the date of order completion in accordance with § 6 para. 3 of the Regulations.
9. Goods ordered through the Store are delivered to the place indicated by the Buyer on working days.
10. The order fulfillment time is counted:
a) if the Buyer chooses the method of payment on delivery (cash on delivery) – from the date of sending by the Seller to the Buyer an e-mail confirming the acceptance of the order for execution,
b) if the Buyer chooses the method of payment by bank transfer to the Seller’s bank account or via Dotpay – from the date of receipt by the Seller of confirmation of the correct execution of the payment by the entity performing the payment,
11. If the Buyer collects the subject of the order at the Store’s headquarters, the Buyer will be notified by the Seller about the readiness of the ordered goods for collection via e-mail. In order to collect the ordered goods, the Buyer is obliged to provide the order number and his name and surname. The ordered goods will be ready for collection for a period of 7 days from the date of receipt by the Buyer of the notification referred to in the first sentence of this paragraph. The Buyer and the Seller may agree on a different date for receiving the goods. The ordered goods can be picked up during the opening hours of the Store’s headquarters.
12. If the Buyer fails to collect the ordered goods, within the time limits referred to in sec. 12, the Seller is entitled to withdraw from the contract.
§ 7 Withdrawal from the Consumer Agreement
1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
2. In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax or e-mail.
3. The consumer may use the model withdrawal form available at https://donomoda.pl/dokumenty-do-pobrania, however, it is not mandatory. The model withdrawal form is included in Annex 2 to the Act of 30 May 2014 on consumer rights.
4. In order to meet the deadline for withdrawal from the contract, it is enough for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the deadline for withdrawal from the contract.
5. The consumer is obliged to return the product to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he would pick up the item himself. To meet the deadline, it is enough to send back the product before its expiry
6. The consumer bears the direct costs of returning the item. The consumer is obliged to protect the goods against damage.
7. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available in the Store (if the cost was covered by the Consumer) immediately, and in any case not later than 14 days from the date on which the Seller was informed on the exercise of the right to withdraw from the contract. The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the form of payment refund.
8. If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of its return, depending on which event occurs first.
9. The consumer is liable for a decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
§ 8 Liability for defects
1. The Seller is obliged to provide the Buyer with a defect-free product.
2. The Seller is liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).
3. If the sold product has a defect, the Buyer may:
1) demand replacement of the product with a defect-free one,
2) demand removal of the defect,
3) submit a price reduction statement,
4) submit a declaration of withdrawal from the contract.
4. If the Buyer finds a defect in the product, he should inform the Seller about it, at the same time specifying his claim related to the defect found or submitting a statement of appropriate content. The complaint should contain: name and surname, correspondence address, e-mail address (if the Buyer expects the response to the complaint to be sent in electronic form), the date of purchase of the goods, the type of goods complained about, a detailed description of the defect and the date of its discovery, the Buyer’s request, as well as the preferred method of informing the Buyer about the method of handling the complaint. The above elements of the content of the complaint are an example that the Buyer can use. In the event of any gaps or inaccuracies in the submitted complaint, the Seller will ask the Buyer to supplement them in accordance with the address details indicated in the complaint. If the method of handling the complaint preferred by the Buyer involves the return of the funds paid, the Buyer is also obliged to provide a bank account to which the Seller should transfer the requested amount.
5. The buyer may use the complaint form available at https://donomoda.pl/dokumenty-do-pobrania, however, it is not mandatory.
6. The Buyer may contact the Seller both by traditional mail and by e-mail.
7. The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him using the means of communication with which the complaint was submitted.
8. The Buyer exercising the rights under the warranty is obliged to deliver the defective goods to the Seller’s seat at the Seller’s expense. The buyer is obliged to protect the goods against damage.
9. Details regarding the Seller’s warranty for defects are regulated by the provisions of the Civil Code (Articles 556 – 576).
§ 9 Personal data and cookies
§ 10 Out-of-court methods of dealing with complaints and pursuing claims
1. The Seller agrees to submit any disputes arising in connection with the sale of goods through mediation proceedings. Details will be determined by the parties to the conflict.
2. The consumer has the option of using extrajudicial means of dealing with complaints and pursuing claims. Among other things, the Consumer has the option of:
1) apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded sales contract,
2) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
3) use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
3. More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found by the Consumer on the website http://polubownie.uokik.gov.pl.
4. The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
§ 11 Final Provisions
1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
2. The Seller reserves the right to make changes to the Regulations. For contracts concluded before the amendment to the Regulations, the Regulations in force on the date of conclusion of the contract shall apply.
3. Buyers who have an account in the Store about any changes to the Regulations will be notified by e-mail to the e-mail address assigned to the account within 14 days before the changes in question come into force. If the content of the new Regulations is not accepted, the Buyer has the right to terminate the account maintenance agreement at any time by deleting the account or submitting an appropriate statement to the Seller, in any form, on termination of the account maintenance agreement.
4. These Regulations are valid from April 18, 2019.
5. All archival versions of the Regulations are available for download in the .pdf format – links are located below the Regulations.
6. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of April 23, 1964. Civil Code