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Terms of use

dicepen.pl online shop terms and conditions of use

§1

Introduction

  1. DicePen online shop, which is available on the website www.dicepen.pl, is registered to company „GUZIK” Krzysztof Matusik located in pl. Mickiewicza 1, 34-120 Andrychów, Poland VAT PL:5511308115 REGON:072152923 .
  2. The following regulations are directed to customers and it describes the rules and regulations for settling a deal through distance selling by means of the shop.

§2

Definitions

Consumer - a natural person of age concluding a contract with the entrepreneur within the online store, which subject is not directly incident to its business

Seller – „GUZIK” Krzysztof Matusik registered in pl. Mickiewicza 1, 34-120 Andrychów, Poland VAT PL: 5511308115 REGON:072152923

Client -  every entity placing an Order in the Shop.

Entrepreneur - a natural person, a legal person or an organisational unit without legal personality, whose separate law grants legal capacity, running a business on their own behalf, who is using the Shop.

Shop - online shop organised by Seller in the website address dicepen.pl

Distance Agreement - an agreement concluded by the Company with the Consumer within an organised system of concluding distance agreements, without simultaneous physical presence of the Parties, and with the exclusive use of one or more means of distance communication until the moment of concluding the agreement inclusively

Regulations - These regulations of the terms and conditions of the Shop.

Order - the Customer's declaration of will as submitted via the Order Form and aimed directly at concluding the Sale Agreement with the Seller

Account - customer account in the Store, containing data provided by the customer and information about orders placed by the Customer in the store.

Registration form - a form available in the Online Store enabling the creation of an Account

Order form - Electronic Service, an interactive form available in the Online Store allowing the Order submission, in particular by adding Products to the electronic cart and determining the conditions of the Sales Agreement, including payment and delivery method.

Shopping Cart - an element of the Store's software in which the Products selected for purchase are shown by the Customer, and it is also possible to determine and modify the Order data, in particular the quantity of products.

Product - shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the Shop.

Sales contract - the contract of selling or manufacturing the Product concluded between the Client and the Seller through the agency of the Internet Shop. The Sale Agreement also means - applying to the Product features - a contract for the provision of services and a contract for specific work.

§3

Shop contact

Seller's address: 34-120 Andrychów, pl. Mickiewicza 1, Poland

Seller's e-mail address: shop@dicepen.pl

Seller's phone number: +48 570 710 003

Seller's bank account number: 54 8110 0000 3001 0049 3163 0002

The customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.

The customer may communicate with the Seller using the telephone during working hours 9:00 – 17:00 Warsaw time.

§4

Technical Specifications

To use the Shop, browsing the articles and this including in particular making a purchase, certain requirements must be met:

  • end device with Internet access and Internet browser
  • active email account.
  • enabled cookies files,

§5

General information

  1. The Seller, in the widest extent permitted by law, is not liable for any disruptions to this interruption in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Viewing the assortment of the Store does not require setting up an Account. Placing orders by the Customer for Products in the Store's assortment is possible after creating an Account in accordance with the provisions of §6 by giving the necessary personal data and address enabling execution of the orders.
  3. Prices in the Online Shop are in Polish zloty, and include VAT.
  4. The final (final) amount to be paid by the Customer shall be the price per Product And the cost of delivery (including transportation, delivery and postal services), which the Customer is informed on the page during the Order submission. including upon expressing their intention to be bound by Sales Contract.

§6

Setting up an account in the Shop

  1. To set up an Account in the Shop, you must complete the Registration Form..
  2. Opening an Account in the Shop is free of charge..
  3. Logging into the account is by entering the login name and password set in the form.
  4. The customer has the possibility at any time, without giving any reason and without incurring any charges due to remove the account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.

§7

Rules for placing an Order

In order to place an Order via the Website it is necessary to:

  1. Log into the Shop (optional);
  2. select the Product being the subject matter of the Order and the necessary parameters, and then click on the button "ADD TO CART". (or similar);
    3. click the button Order and Pay
    4. choose one of the available ways of payment and pay for the order in the agreed terms, with regards to § 8 pkt 3.

§8

Offered delivery methods and payments

The customer may use the following method of receiving the product:
1. Postal service,
2. personal collection from: 34-120 Andrychów, pl. Mickiewicza 1

The customer may use the following methods of payment for the product:
1. Bank transfer to the Seller's account
2. electronic payment
3. credit card payment

Detailed information about delivery method and accepted ways of payment are available on the Shop's website.

§9

Performance of the sales contract

  1. The Sales Contract between the Client and the Seller shall be concluded after the Client has placed the Order in the Internet Shop in accordance with clause § 7 of these Regulations.
  2. Following the Order placement, the Seller confirms receiving the Order therewith, and accepts the Order to fulfilment at the same time. Confirmation of receipt of the Order and acceptance of it for implementation takes place by sending the appropriate message to the e-mail address provided during the ordering process. Which shall include at least the Seller's statements of receipt of the order and of its acceptance into the order into the performance and confirmation of the contract of sale conclusion. At the moment of the receiving the information about confirmation of the placed order agreement is concluded.
  3. In case of choice by the Customer:
  • If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the time specified in its description in the manner chosen by the Customer when placing the Order.
  • The delivery date is the longest given date when ordering Products with different delivery dates.
  1. Starting point of the delivery is calculated from the date of::
  • In case of payment via bank transfer, electronic payment or payment by card, the Customer is obliged to pay within 7 calendar days from the date of the conclusion of Sale Agreement.- otherwise the order will be cancelled.
  • cash payment at delivery of the consignment, the customer is obliged to make a payment on receipt of the consignment within 7 days from the date of receipt of information on the readiness of the consignment for receipt.
  1. In the case of ordering Products with different delivery times, the Customer has the option to request delivery of Products in parts or to deliver all Products after completing the entire order.
  2. If the Customer selects a personal collection of the Product, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed about the readiness of the Product by the Seller by sending an appropriate e-mail to the Customer's e-mail address provided during the ordering.
  3. The delivery date is the longest given date when ordering Products with different delivery dates.
  4. The delivery of the Product to the Customer is payable unless the Sale Agreement provides otherwise.. The cost of transportation (including transport charges, delivery as well as post services) are given to the customer on the online store's website in the bookmark focused on the Specific Delivery Agreement as well as whilst placing the order and approving by customer Sales Agreement.
  5. Personal collection of the Product by the Customer is free of charge.

§10

Right of withdrawal

  1. The consumer shall have a period of at 14 days in which to withdraw from the contract without penalty and without giving any reason.
  2. The period of time specified in paragraph 1 begins with delivery of the Product to the Consumer or a person other than the carrier designated by him.
  3. In the case of the Contract, which includes many Products, which are delivered separately, the date of withdrawal from the Sales Agreement runs from the moment of delivery of the last item.
  4. In the case of the Agreement, which consists in regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first item..
  5. The consumer may cancel the Contract of purchase and sale, presenting the statement of the Seller about the refusal. Notice requirement is fulfilled when the Consumer sends such a statement before the period expiry.
  6. The declaration may be sent by traditional mail or by e-mail by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in 3. The statement may also be submitted via the form, Appendix 1 to these Terms and Conditions and an annex to the Act of 30 May 2014 on consumer rights, however this is not obligatory.
  7. In the case of sending a statement to an e-mail address, the Seller shall immediately send the Customer a confirmation.
  8. Effects of withdrawal from a distance agreement:
  • In the case that the distance contract is withdrawn from, the contract will be deemed non-existent..
  • In the event of cancellation the Customer shall be refunded costs incurred in term of 14 , all payments made by him, including delivery costs. (with the exception of additional costs resulting from choosing by the User the delivery method other than the cheapest)
  1. The Seller will conduct the refund the same way the money was paid by the Consumer, unless the Consumer agrees to another way of refund, in any case, the Consumer will not carry any costs associated with the refund.
  2. The seller may delay the refund until the Product or evidence of sending Products back is received, depending on which event happens earlier..
  3. In the event of exercising the right to withdraw from the agreement, the Buyer should return the Product to the Seller within 14 days from the date of withdrawal.
  4. The Consumer shall bear the direct costs of returning the Product, including the cost of returning the Product, if due to its nature the Product could not be sent back by regular mail.
  5. The consumer is liable only for the loss of value of the product resulting from its use in a different way than was necessary to
  6. Where none of the above means and methods of security control can be applied owing to the nature of the consignment, The information shall be given in the product section of the shop.

 

  1. The Consumer does not have the right to withdraw from agreement:
  • in the case where the product is a Personalized product, that is a product made to the Client's specifications or serving to fulfil his/her individualized needs.
  • in which the subject is provided in sealed packaging, which cannot be returned when the package is opened after delivering,
  • of service provision, provided that the entrepreneur has completed the service at the consumer's explicit consent and the consumer was informed before commencing the service provision that he or she loses the right to withdraw from the contract after completion of the service;,
  • where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;
  • in which the subject of the service are sound or visual recordings or computer programmes supplied in sealed packaging if the packaging has been opened after delivery,
  • of delivering digital content, which are not recorded on physical carrier, if fulfilment of service commenced with clear consent of Consumer's before running the deadline for withdrawal from contract and after informing him/her by entrepreneur of losing the right to withdraw from contract;

§11

Complaints and guarantee

  1. The new Products are covered by the Sale Agreement..
  2. Seller shall provide Customer with a fault-free Product
  3. If a Product purchased from the Seller has a defect, the Client has the right to make a complaint based on the regulations concerning the warranty in the Civil Code.
  4. Complaints should be reported in writing or by e-mail to the addresses of the Seller specified in these Regulations..
  5. The complaint should include a brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer's demand connected with the defect.
  6. The Seller will respond to the claim immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.
  7. Products sent back as part of the complaint procedure should be sent to the address provided in 3 of these Terms and Conditions

§12

Out-of-court complaint consideration and redress methods

  1. Detailed information on the possibility of having recourse to an out-of-court complaint and redress mechanism, out-of-court dispute resolution as well as the rules of using these procedures, is also available at the offices and on the websites of: the district (municipal) consumer ombudsmen, Voivodship Inspectorates of the Trade Inspection and the Office of Competition and Consumer Protection.
  2. The consumer has the following example possibilities of using of using out-of-court ways to deal with complaints.
  • The consumer is entitled to submit their case to the permanent amicable consumer court, referred to in art. 37 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. z 2014 r. poz. 148 z późn. zm.), with a request to resolve a dispute arising from the Purchase..
  • The consumer is entitled to apply to the voivodeship inspector of the Inspection, according to art. 36 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. z 2014 r. poz. 148 z późn. zm.), request the opening of a mediation procedure for the amicable settlement of the dispute between the customer and Seller
  • The consumer may receive free advice regarding the matter resolution by seeking free advice from the local consumer ombudsman or a community organisations whose statutory objective is consumer protection (e.g. Polish Consumer Federation or the Association of Polish Consumers).

§13

Personal information in the online shop

  1. The Seller is the data controller of Customers' personal data.
  2. The personal data of the Customer gathered via the Online Store are gathered with the intention to carry out the Sale Contract or the Contract for Electronic Services concluded with the Customer., and sending marketing content, if the a Customer agrees receiving it.
  3. The recipients of personal data of the Online Shop's Clients may be::
  • in the case of a User who at the online shop available on the Website chooses method of delivery by post or courier, the Data Controller provides the collected personal data of the User available to selected carrier or intermediary performing the shipment at the request of the Data Controller.
  • In the case of a Customer who uses the electronic payment method or payment card in the Internet Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Internet Shop..
  1. The Customer has the right to access, change his data, .
  2. Giving personal information is voluntary, although not providing the personal data indicated in the Terms & Conditions as necessary for the conclusion of the Sales agreement or agreement for supply of Electronic services results in a lack of possibility for the conclusion of such Agreement.

§14

Final provisions

  1. The shop reserves the right to amend these Terms and Conditions for the purpose of updating them due to changes in the law, or changes in methods of payments and delivery. The Seller will inform the Customer about each change at least 7 days in advance.
  2. To matters unregulated under this Agreement or the Regulations, in particular provisions of the Polish Civil Code and Act on Services Provided via Electronic Channels shall apply.; Polish Law on Consumer Rights. Data Protection Act
  3. The customer has the right to use out-of-court complaint and investigation methods. For that purpose he can consider applying for the EU for ODR complaint form available in the following website: http://ec.europa.eu/consumers/odr/.

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