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Terms and Conditions

E-Store Regulations


Online
Store Regulations
DENI CLER MILANO

 

I. General provisions

1. The following Regulations define the rules for the sale of goods by the Deni Cler Milano Online Store at www.denicler.eu, which is operated by the Seller.
2. Whenever a reference is made in the Regulations to:
a) Seller – it means DCG S.A. with its registered office in Warsaw at the address: ul. Bystrzycka 81A, 04-907 Warszawa, entered in the register of entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, with number KRS 0000285675, NIP 1130015696, REGON 012513641;
b) Customer – it means a natural person with at least limited capacity to perform acts in law who is 18 years of age or older, and a legal person or an organisational unit other than a legal person, having legal capacity and capacity to perform acts in law;
c) Store – it means an online store operated by the Seller at www.denicler.eu;
d) Goods – it means the goods offered by the Seller for retail sale, available at the Store;
e) Price – it means the gross price of the Goods placed next to the information about the Goods, not including the Cost of delivery of the Goods. The Prices of the Goods in the Store are denominated in PLN and include VAT;
f) Supplier – it means a courier company cooperating with the Seller. In the event that the Seller enters into cooperation with Poczta Polska or another public operator, Poczta Polska or another public operator shall also be considered a Supplier;
g) Costs of delivery of the Goods – it means the fees for the delivery of the Goods to the Customer;
h) Order – it means an order for the Goods placed by the Customer in the Store in accordance with these Regulations;
i) Natural person running a business – it means a person running a business who concludes a distance sales contract with the Seller, not having a professional nature for that person, and therefore not relating to the industry in which that person specialises;
j) Consumer – it means, according to Article 22(1) of the Civil Code, a natural person who performs a legal transaction with the entrepreneur, not related directly to that person’s business or professional activity;
k) Civil Code – it means the Act of 23 April 1964 (Journal of Laws of 2020, item 1740);
l) Act on consumer rights – it means the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287);
3. The information provided on the Store’s website does not constitute an offer within the meaning of the Civil Code. Such information invites Customers to submit offers.
4. The availability of the Goods is updated from Monday to Friday in the afternoon, excluding public holidays. The Seller advises of the possible unavailability of the Goods in the colour, size and quantity indicated by the Customer.
5. The Seller reserves the right to limit the quantity of the Goods ordered that are offered in the Store at promotional prices.
6. All Customers in the Store are prohibited from sending any content that is illegal or infringes on the rules of social coexistence.
7. In the case of a purchase made in the Store, the holder of the Deni Club account set up by the Seller is entitled to a discount corresponding to the number of points under the loyalty programme, and the discount ranges from 0% to 10% of the Price of the Goods. The discount will be calculated after filling in the “Enter Deni Club account number or promotional code number” field under the “Cart” tab on the Store’s website. Loyalty Cards other than those referred to in the first sentence, issued by the Seller (providing for a discount higher than 10%) do not entitle their holder to obtain any discount in the case of a purchase made in the Store.
8. Promotional campaigns in the Store cannot be combined, unless the promotion regulations provide otherwise.
9. Promotional campaigns in the Store may differ from promotional campaigns launched in Deni Cler Milano brick-and-mortar stores.

 

II. Registration and terms of placing Orders

1. The following Customers shall be authorised to place Orders for the Goods:
a) those having the status of a registered user of the Store;
2. The status of a registered user of the Store is obtained after completing the following steps:
a) Correct completion of the registration form on the Store’s website (in particular, providing the personal data required in the form and establishing a login and password by the Customer);
b) Activation of the account by accessing the link sent to the Customer’s e-mail address.
Registration activities are performed once. For each subsequent Order, the Customer uses the login and password previously set on the Store’s website. After using the login and password set by the Customer, he or she is able to update the data provided during registration. The login and password are confidential.
3. The Customer who has the status of a registered user of the Store places an order after logging in to the Store by adding the Goods presented in the Store to the Cart, and confirming the order for the Goods by selecting the “Order and pay” button.
4. The Customer who does not have the status of a registered user of the Store places an order by adding the Goods presented in the Online Store to the Cart, confirming the order for the Goods by selecting the “Order and pay” button and providing the data necessary to complete the Order in accordance with the “How to buy” guidance on Store’s website.
5. If the Customer requests a VAT invoice, he or she should additionally provide in the Order the data required to issue a VAT invoice.

 

III. Presentation of the Goods

All trademarks posted on the Store’s website have been used only for the presentation of the Goods, and they are owned by the Seller and legally protected.

 

IV. Conclusion of a sales contract and processing of Orders

1. After placing the Order, the Customer receives an e-mail message at the address provided by him or her with a summary of the Order and information about recording the Order in the Store. The Seller reserves the right to additionally verify the Customer’s data, e.g. by telephone.
2. Within 2 business days of making the payment for the Goods, the Customer receives a confirmation of acceptance of his or her Order for processing at the e-mail address provided by him or her. Upon receipt of the confirmation of acceptance of the Order for processing, a contract for the sale of the Goods is concluded.
3. The Seller has the right to refuse to process the Orders:
a) placed using an incorrectly completed Order form,
b) placed in violation of these Regulations;
c) if the Goods covered by the Order are unavailable;
d) if there is no payment within 5 days from the date of the Order.
4. It is possible to place Orders in the Store 24 hours a day, all days of the year, while the Orders are processed on working days between 9.00 am and 4.00 pm.
5. The goods covered by the Order are delivered to the Customer together with documents confirming the conclusion of the contract for the sale of the Goods, such as:
a) a fiscal receipt or a VAT invoice, if the Customer requested it to be issued when placing the Order and provided the necessary data
and
b) the information referred to in Article 12(1) of the Act on consumer rights.
6. The content of sales contracts concluded in the Store is retained by the Store’s IT system for a period of at least 3 months from the date of conclusion of each contract, and the content of these contracts is made available only to the parties to the contract or at the request of authorised public bodies in accordance with the law. Each Customer who has completed the registration procedure, after he or she logs in to the Store, has access to all their sales contracts concluded in the Store for the period of their retention in the IT system, referred to in the first sentence.
7. The terms of the sales contract are subject to these Regulations, applicable law and individual arrangements between the Seller and the Customer.

 

V. Terms of payment

1. The amount due for the Goods and the costs of delivery of the Goods may be paid only as follows:
a) by transfer or deposit to the Seller’s bank account number 86 1020 2313 0000 3202 0643 7687;
b) via the PayU system – fast transfers/online payments;
c) in cash – upon delivery.
2. In the case of payment by bank transfer or deposit to the Seller’s bank account, the transfer order should include the full name or company name of the Customer and the Order number (indicated in the notification of recording the Order in the Store).
3. In the case of cash payment – upon delivery, the Seller reserves the right to block this option for a Customer who has not collected three consecutive parcels with orders placed using the Customer’s personal data.
4. The Customer’s obligations under the contract for the sale of the Goods remain in force until the Customer pays the total amount due for the Goods and the costs of delivery of the Goods.

 

VI. Delivery of the Goods ordered

1. The Seller completes the Orders in the form of a courier parcel via the Supplier. The Seller expects that the option of deliveries in the form of a post parcel via the Polish Post will be offered. The Seller will inform about this option on the Store’s website.
2. Shipment via the Supplier is carried out up to 7 business days from the date the payment is credited to the Seller’s account. Saturdays, Sundays and public holidays are not included in the period for completion of the Order.
3. The Seller agrees to deliver Goods without defects.
4. In the case of purchase at a distance by consumers, our Store always bears the risk of accidental damage or loss of goods in transport, as in the case of Natural persons running a business who are not consumers within the meaning of the Act on consumer rights and the Civil Code. If the packaging of the parcel delivered to the Customer is damaged or shows signs of being opened by third parties, the Customer has the right to refuse to accept the Goods. In the above situation, the Customer may request the Supplier to draw up a report stating the reason for refusing to accept the parcel and is asked to inform the Seller about the occurrence of such an event.
5. The costs of delivery of the Goods which are paid by the Customer, in addition to the price of the Goods, are listed on the Store’s website when placing the Order.
6. The Seller provides for the option of personal collection of the Goods by the Customer in the Seller’s stores (the list of stores is available on the website: stores). The Goods ordered will be collected by the Customer or a person authorised by him or her (the authorisation requires a written form), at the designated point of sale of the Seller, after prior confirmation of the date by the Store’s administration by e-mail or telephone.

 

VII. Return of the Goods purchased

1. Subject to point 4 below, a Natural person running a business, who is not a consumer within the meaning of the Act on consumer rights and the Civil Code, and a Consumer may return the Goods purchased in the Store without giving any reason by submitting a statement of withdrawal from the contract for the sale of the Goods in accordance with Article 27 of the Act on consumer rights. A Natural person running a business or a Consumer may exercise this right within 14 days from receipt of the Goods. In the event of withdrawal from the contract in the manner indicated in this section, the Natural person running a business or the Consumer is required to return the Goods to the Seller within 14 days from the date of submitting the statement of withdrawal from the contract for the sale of the Goods.
2. In the event of withdrawal from the contract in the manner indicated in section 1, the Natural person running a business or the Consumer is required to return the Goods together with the return form [return form] to the Store at the following address:


E-sklep DCG S.A
ul. Bysławska 44
04-993 Warszawa

or return the Goods personally to one of the stores (for the list of stores visit the website: stores). After receipt of the Goods returned, the stores will immediately forward the Goods to the Store.

3. Direct costs of return of the Goods are paid by the Natural person running a business or the Consumer.
4. The right to withdraw from the contract does not apply in the cases specified in Article 38(1) of the Act on consumer rights, including in relation to contracts:

a) for the provision of services, if the entrepreneur has fully completed the service with the express consent of the Consumer who has been informed before the commencement of the service that after the service is completed by the entrepreneur, the Consumer will no longer have the right to withdraw from the contract;
b) where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or intended to satisfy the Consumer’s specific needs;
c) where the subject of the service are items which after delivery, due to their nature, are inseparably connected with other items.
5. In the event that a Natural person running a business or a Consumer exercises the right to withdraw from the contract for the sale of the Goods after submitting a request for the provision of the service by the Seller, before the deadline for withdrawal from the contract, the Natural person running a business or the Consumer will be required to pay for the services provided until they have withdrawn from the contract.
6. The Seller reimburses the Natural person running a business or the Consumer for the Goods returned by them within 14 days from the date of delivery of the parcel containing the Goods to the Seller.
7. One may withdraw from the contract for the sale of the Goods by completing the withdrawal form available on the website: link.
8. For detailed information on how to submit complaints regarding the Goods visit the website: Returns and complaints.

 

VIII. Complaints regarding the Goods

This applies to a Customer who is a Consumer or Natural persons running a business who are not consumers within the meaning of the Act on consumer rights and the Civil Code:
1. We are obliged to deliver Goods free from defects. The statutory liability for defects in the item sold (statutory warranty for defects) applies to the extent specified in Article 556 and Articles 556(1)-556(3) et seq. of the Civil Code.
2. A complaint regarding the Goods should be:
a) sent to the address:


DCG S.A.
ul. Bystrzycka 81A
04-907 Warszawa

or
b) sent to the e-mail address: e-sklep@denicler.eu,
c) submitted personally to one of the stores operated by the Seller (for the list of stores visit the website: Stores).

3. Complaints may be submitted, among others, by completing the complaint form available on the Store’s website: link.
4. When exercising the rights under the statutory warranty – if we deem it necessary to process the complaint, you are required to deliver the defective goods at our expense to the above-mentioned postal address. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are required to make them available to us at the place where they are located.
5. We are liable under the statutory warranty to Consumers and Natural persons running a business if a physical defect is found within two years from the date of issue of the goods.
6. Complaints regarding the Goods will be processed within 14 days from the date of receipt of the complaint. The Customer will be informed about the complaint handling method by e-mail or telephone.
7. The Seller advises the Customer of the possibility of using out-of-court methods of handling complaints regarding the Goods, including by submitting an application to initiate mediation or an application for hearing the case before an arbitration court after the end of the complaint procedure (the application may be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Asserting out-of-court claims after the end of complaint procedure is free of charge.
8. Section 7 applies to both Consumers and Natural persons running a business.
9. For detailed information on how to submit complaints regarding the Goods visit the website: link.
This applies to a Customer who is not a Consumer, but is an entrepreneur:
In the case of a sales contract concluded with a Customer who is not a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Online Store’s liability under the statutory warranty for defects of the Goods is excluded. This exclusion is ineffective if the defect is insidiously concealed. The above does not apply to Natural persons running a business who conclude a distance sales contract with the seller, not having a professional nature for them, and therefore not relating to the industry in which they specialise.

 

IX. Personal data

1. The Customer’s personal data recorded in the Store are processed by the Seller as the personal data controller on the basis of the Act of 29 August 1997 on the protection of personal data (consolidated text: Journal of Laws of 2002, No 101, item 926, as amended) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (EU OJ L No 119, p. 1) (“Regulation”) for purposes related to transactions made in the Store and for purposes resulting from the legitimate interests pursued by the Seller and the Organiser, and on the basis of the Customer’s consent – for purposes consistent with the consent given, including for commercial and marketing purposes.
2. The Customer may give consent to receiving commercial and marketing information from the Seller by electronic means, in the form of SMS and MMS messages. In this case, personal data are processed by the Seller on the basis of consent – for purposes consistent with the consent given, including for commercial and marketing purposes.
3. The data will be processed on the basis of Article 6(1)(a), (b) and (f) of the Regulation for the purposes indicated in point 1 above.
4. Providing personal data by the Customer in the Store is voluntary, but necessary to make transactions in the Store. Failure to provide personal data makes it impossible to set up an account in the Store and make transactions in the Store. This does not apply to the processing of data for commercial and marketing purposes, which is carried out only in the case of voluntary consent, regardless of the transaction in the Store.
5. The Customer has the right to request that the Seller provide access to his or her personal data, the right to rectify or delete data or limit their processing.
6. The Customer has the right to withdraw his or her consent to the processing of personal data, at any time, without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
7. Personal data will be retained for the period necessary to complete the transaction and process complaints in the Store. The data are processed for the period of the Customer having an account in the Store, no longer than 3 years from the closing of the account in the Store. If the Customer makes a transaction without setting up an account in the Store, the data are processed for a period of 3 years from the date of the transaction. If personal data are processed for legitimate purposes of the Seller and on the basis of the Customer’s consent – the data are stored until the consent is withdrawn.
8. The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection (and before 25 May 2018 with the Inspector General for Personal Data Protection) if the Customer believes that the processing of his or her personal data violates the law.
9. The Customer’s personal data will be processed in the form of analytical, sales and marketing profiling in order to adapt the materials presented by the Seller to the needs and interests of the Customer and to make measurements that will allow the Seller to improve the services provided by them. Binding decisions are not automated.

 

X. Contact details

In all matters related to making transactions in the Store, the Customer may contact the Seller in the following way:
a) by post at the address:


E-sklep DCG S.A
ul. Bysławska 44
04-993 Warszawa

b) by telephone at the number: 661 980 605
c) via e-mail: e-sklep@denicler.eu

 

XI. Final provisions

1. In matters not covered by the Regulations, the provisions of the Civil Code and other Acts shall apply, and in relation to Customers who are consumers also the Act on consumer rights. The provisions of these Regulations do not violate the consumer’s rights related to non-compliance of the goods with the contract.
2. In the event of any conflict between these Regulations and the rights of Customers and the provisions of generally applicable laws, the provisions of generally applicable laws shall prevail.
3. The Regulations enter into force upon their publication on the Store’s website.

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