ON-LINE STORE REGULATIONS
DENI CLER MILANO
(“Online Store Regulations”)

I. General provisions

These Regulations are regulations within the meaning of Section 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means. 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 DCG. The Regulations also specify the type and scope of services provided by electronic means by the service provider, the rules for provision of such services, the rules for concluding and terminating contracts for remote provision of services as well as the complaint handling procedures.

Whenever a reference is made in the Regulations to:

a) E-mail Address – it means the e-mail address used by the Service Recipient.
b) 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.
c) DCG – 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, 14th Commercial Division of the National Court Register, with KRS No. 0000285675, NIP No. 1130015696, REGON No. 012513641.
d) Supplier – it means a courier company cooperating with DCG. In the event that DCG enters into cooperation with Poczta Polska or another public operator, Poczta Polska or another public operator shall also be considered a Supplier.
e) Commercial information – it means any information intended, whether directly or indirectly, to promote goods, services or image of DCG, excluding any information allowing for communication by means of electronic communication with a specific person and information about goods and services which do not serve the commercial effect desired by DCG, in particular without remuneration or other benefits from manufacturers, sellers and service providers. Commercial information is sent by means of electronic communication, with the use of telecommunications end devices and automated calling systems for direct marketing purposes. Commercial information is prepared on the basis of profiling, i.e. automated processing of personal data consisting in analysing or forecasting aspects relating to e.g. behaviours, interests, preferences of the Entrepreneurs with consumer rights, the Consumers, the Customers.
f) 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.
g) Civil Code – it means the Act of 23 April 1964 – Civil Code.
h) Consumer – it means, according to Section 22[1] of the Civil Code, a natural person who performs an act in law with an entrepreneur, not related directly to that person’s business or professional activity.
i) Costs of delivery of the Goods – it means the fees for the delivery of the Goods to the Customer.
j) Newsletter – it means e-mails containing commercial information of marketing or remarketing nature, sent out cyclically, upon expiration of a certain period of time from leaving the product in the cart, purchase or visit in the store, browsing a certain product, including with the use of automated calling systems to the end device of the Service Recipient, in accordance with the promotion calendar. In particular, it may include, but is not limited to, information about promotions, new offerings, discount sales, bestsellers, discount codes, welcome messages after a purchase, etc. With his or her consent, the Service Recipient may use the service provided by electronic means in the form of the Newsletter. In such case, the Service Recipient is added to the list of the Newsletter subscribers. The Newsletter is a free service provided by electronic means for an indefinite term, and the Service Recipient may unsubscribe at any time.
k) Telecommunications Law – it means the Act of 16 July 2004 – Telecommunications Law.
l) Entrepreneur with consumer rights – it means a natural person who concludes a contract with DCG related directly to that person’s business activity if it appears from that contract that it is not of a professional nature for that person, arising in particular from the scope of his or her business activity, made available under the provisions on the Central Registration and Information on Business; referred to in Section 385[5], Section 556[4], Section 556[5] and Section 576 [5] of the Civil Code and Section 38a of the Consumer Rights Act.
m) Store – it means the online store operated by DCG at www.denicler.eu.
n) Goods – it means the goods offered by DCG for retail sale, available at the Store.
o) Contract – it means the contract for provision of services by electronic means entered into between the service provider and the service recipient in accordance with the rules set forth in these Regulations.
p) Services – it means services provided free of charge by electronic means without the simultaneous presence of the parties, i.e. remotely. Such Services are provided by provision of information upon request of the Service Recipient.
q) Service Recipient – it means a natural person who uses a service provided by electronic means by DCG in accordance with the terms and conditions set forth in the Regulations.
r) Service Provider – it means DCG.
s) Consumer Rights Act – it means the Act of 30 May 2014 on Consumer Rights.
t) Order – it means an order for the Goods placed by the Customer in the Store in accordance with the Regulations.

Information presented on the Store’s website does not constitute an offer within the meaning of the provisions of the Civil Code. It constitutes an invitation to treat for the Customers.

The availability of the Goods is updated from Monday to Friday in the afternoon, excluding public holidays. DCG advises of the possible unavailability of the Goods in the colour, size and quantity indicated by the Customer.

DCG reserves the right to limit the quantity of the Goods ordered that are offered in the Store at promotional prices.

In the case of a purchase made in the Store, the holder of the Deni Club account set up by DCG 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 DCG (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.

Promotional campaigns in the Store cannot be combined, unless the promotion regulations provide otherwise. Promotional campaigns in the Store may differ from promotional campaigns launched in Deni Cler Milano brick-and-mortar stores.

II. Terms and conditions of provision of the Services (effecting of transactions)

1. DCG provides the following services:

a) For the Shareholders – …; in order to use the Service, one needs to …; this Service is provided free of charge for a/an … term
b) Order Information – the Service allowing for obtaining information about the Order status; in order to use the Service, one needs to complete an appropriate form with necessary data; this Service is provided free of charge for a definite term required for checking the status of a given Order;
c) making it possible for the Customers to execute an order without registration; in order to use the Service, one needs to complete an appropriate form with necessary data; this Service is provided free of charge for a definite term required for execution of a given order;
d) making it possible for the Customers to open a Customer account and use its functionalities (placing an order, receiving information about news, including promotions); in order to use the Service, one needs to complete an appropriate form with necessary data; this Service is provided free of charge for an indefinite term;
e) making it possible for the Customers to open a Business account and use its functionalities (placing an order, receiving information about news, including promotions); in order to use the Service, one needs to complete an appropriate form with necessary data; this Service is provided free of charge for an indefinite term;
f) making it possible for the Customers to receive the Newsletters, i.e. e-mails containing commercial information of marketing and remarketing nature; with his or her consent, the Service Recipient may use the service provided by electronic means in the form of the Newsletter; in order to do so, he or she may provide his or her e-mail address in the relevant tab on the Website and select the “Notify me” option; another way to give consent to receiving the Newsletter is marking the relevant selection box in the registration form while opening an account; in such case, upon opening the account, the Service Recipient will be added to the list of the Newsletter subscribers; the Newsletter is a service provided by electronic means free of charge for an indefinite term, and the Service Recipient may unsubscribe at any time; in order to unsubscribe from the Newsletter, one may send a message with an appropriate instruction by e-mail to: rodo@denicler.eu or in writing to: DCG S.A. ul. Bystrzycka 81A, 04-907 Warszawa, or by clicking the relevant link at the very end of each message with the Newsletter; one may also unsubscribe from the Newsletter after logging in the account;
g) Breach Notification – the Service allowing for notifying breaches of the provisions of law, internal regulations or ethical standards; in order to use the Service, one needs to complete an appropriate form with necessary data; this Service is provided free of charge for a definite term required for making a specific notification;
h) Find a Store – the Service allowing for finding addresses of DCG’s stores; in order to use the Service, one needs to complete an appropriate form with necessary data; this Service is provided free of charge for a definite term required for finding a specific store.

2. In order to use the Services, the Customer should ensure that the following technical requirements are met:

a) computer hardware, smartphone or other telecommunications end device used by the Customer should have access to the Internet and software for reading PDF files;
b) an updated web browser is recommended;
c) in order to open an account – e-mail address for receiving and sending e-mail messages;
d) in order to subscribe for the Newsletter – e-mail address for receiving and sending e-mail messages.

3. DCG reserves the right to temporarily suspend provision of the Services, in particular:

a) in the case of upgrade or rebuilding of the Store’s website or in connection with repair or maintenance work on the ICT system, as communicated by DCG on the website, DCG warrants to make every effort to ensure that any interruptions to provision of the Services connected with the activities described in the first sentence are not onerous for the Customers;
b) DCG also has the right to block or temporarily suspend access to the Store’s website for a period required for removing any threats or irregularities for security reasons and any other reasons beyond control of DCG.

4. DCG is not liable for:

a) any interruptions to provision of the Services caused by a Force Majeure event, e.g.: fire, flood, natural disaster or meteorological phenomenon;
b) any damage caused in connection with the functioning of the Store’s website or impossibility to use it or in connection with malfunction, errors, flaws, disruptions, defects, delays in operations or data transmission, computer viruses, IT system failures, except for any damage caused by fault of DCG.

5. All Customers are prohibited from sending any content that is illegal or infringes on the rules of social coexistence. A Customer who enjoys the status of a registered user of the Store agrees to protect his or her identifying information (login and password), in particular he or she agrees not to make the Account password available to unauthorised persons.

III. Registration and terms and conditions of placing Orders

1. The following persons are authorised to place Orders for the Goods:

a) those who have the status of a registered user of the Store;
b) those who do not have the status of a registered user of the Store.

2. The status of a registered user of the Store is obtained:

a) after correct completion of the registration form on the Store’s website (in particular, providing the personal data required in the form, submitting statements and establishing a login and password by the Customer);
b) after receiving by the Customer, to the e-mail address provided by the Customer, a message confirming the opening of an account.

3. 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.
4. 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.
5. 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.
6. If the Customer requests a VAT invoice, he or she should additionally provide in the Order the data required to issue a VAT invoice.

IV. Presentation of the Goods

1. The Store’s website contains content protected by industrial property rights or intellectual property rights. No such content, in particular any text, graphics, trademarks, logos, icons, photographs, may be reproduced or disseminated in any form or in any manner whatsoever. Any trademarks placed on the Store’s website have been used solely for presentation of the Goods and are property of DCG.
2. The Customer agrees to use any content placed on the Store’s website solely for its own purposes, as provided for in the Regulations.

V. Conclusion of a sales contract and processing of Orders

1. Upon clicking the “Place order” button, a binding order for the products in the cart is placed. After placing the Order, the Customer receives an e-mail message to the e-mail address provided by him or her with a summary of the Order and information about recording the Order in the Store. DCG reserves the right to additionally verify the Customer’s data, e.g. by telephone.
2. DCG has the right to refuse to process the Orders:

a) placed using an incorrectly completed Order form;
b) placed in violation of the 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.

3. It is possible to place Orders in the Store 24 hours a day, every day of the year, while the Orders are processed on working days between 9.00 am and 4.00 pm.
4. 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) information referred to in Section 12(1) of the Consumer Rights Act.

5. 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.
6. The terms and conditions of the sales contract are set forth in the Regulations, applicable law and individual arrangements between DCG and the Customer.
7. DCG displays the Price unambiguously and leaving no room for any doubt.
8. In each case where information about a reduction of the Price is given, next to information about the reduced Price, e.g. reduced as a result of temporary promotion in the online Store, DCG displays the last lowest price of the Goods available in the Store during the last 30 days before the Price reduction.
9. DCG is liable to the Consumers and the Entrepreneurs with consumer rights for any non-compliance of the Goods with the sales contract in accordance with the principles arising from the Consumer Rights Act and to the Customers other than Consumers and the Entrepreneurs with consumer rights for defects in the Goods in accordance with the principles arising from the Civil Code and other applicable provisions of law and under the Regulations.
10. DCG informs that reviews published in the Store are not verified in terms of whether or not they originate from persons who used or purchased the Goods.

VI. Payment terms

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 DCG’s bank account;
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 DCG’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; DCG reserves the right to block this option for the 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.

VII. Delivery of the Goods ordered

1. DCG completes the Orders in the form of a courier parcel via the Supplier. DCG expects that the option of deliveries in the form of a post parcel via the Polish Post will be offered. DCG 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 DCG’s account. Saturdays, Sundays and public holidays are not included in the period for completion of the Order.
3. DCG agrees to deliver the Goods without defects.
4. In the case of a remote purchase by consumers, DCG bears the risk of accidental damage or loss of the Goods in transport, as is the case of the Entrepreneurs with consumer rights. If the packaging of the parcel delivered to the Customer is damaged or shows signs of having been 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 DCG 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. DCG provides for the option of personal collection of the Goods by the Customer in DCG’s 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 DCG, after prior confirmation of the date by the Store’s administration by e-mail or telephone.

VIII. Withdrawal from the sales contract / Return of the purchased Goods

1. The Entrepreneur with consumer rights and the 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 Section 27 of the Consumer Rights Act. This right may be exercised within 14 days from receipt of the Goods.
2. In the event of withdrawal from the contract in the manner indicated in subsection 1, the Entrepreneur with consumer rights or the Consumer is required to return the Goods within 14 days from the date of submitting the statement of withdrawal from the contract for the sale of the Goods.
3. In the event of withdrawal from the contract in the manner indicated in subsection 1, the Entrepreneur with consumer rights 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.

4. Direct costs of return of the Goods are paid by the Entrepreneur with consumer rights or the Consumer.
5. The right to withdraw from the contract does not apply in the cases specified in Section 38(1) of the Consumer Rights Act, 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.

6. DCG reimburses the Entrepreneur with consumer rights or the Consumer for the Goods returned by them within 14 days from the date of delivery of the parcel containing the Goods to DCG.
7. One may withdraw from the contract for the sale of the Goods by completing the withdrawal form available on the website: link. Such statement may also be submitted using the form the template of which is appended to the Consumer Rights Act as Appendix No. 2.
8. In order to meet the time limit for withdrawal from the contract for the sale of the Goods of 14 days, it is sufficient to submit the electronic form on the website: link or send the statement of withdrawal to the address of the Store indicated above before expiration of the time limit.
9. For detailed information on how to submit complaints regarding the Goods visit the website: Returns and complaints.

IX. Complaints regarding the Goods

1. 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,
submitted personally to one of the stores operated by DCG (for the list of stores visit the website: stores).

2. We recommend providing, in the complaint description, information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of defect / detection of non-compliance of the Goods with the sales contract.
3. Complaints may be submitted e.g. by completing the complaint form available on the Store’s website: link.
4. 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.
5. If we do not take a stance on the complaint within 14 days, it means that the complaint has been found to be justified.
6. DCG 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).
7. 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. For detailed information on how to submit complaints regarding the Goods visit the website: link.
9. In the case of a sales contract concluded with the Customer who is not a Consumer, pursuant to Section 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 by DCG. The following does not apply to the Entrepreneurs with consumer rights.
10. DCG may ask the Entrepreneur with consumer rights to include in the Order remarks information that the contract relating to the Goods ordered is directly connected with his or her business activity but is not of a professional nature for him or her. Such a statement is information for the Seller that the person who submits it enjoys the rights available to Entrepreneurs with consumer rights.
11. The basis and scope of DCG’s liability towards the Consumer and the Entrepreneur with consumer rights, if the Goods sold do not comply with the sales contract, are as stated in the Consumer Rights Act.
12. If the Goods do not comply with the sales contract, the Consumer and the Entrepreneur with consumer rights have the rights provided for in the Consumer Rights Act. The provisions of Book Three, Title 11, Chapter 2 of the Civil Code do not apply to contracts giving rise to the obligation to transfer the ownership title to goods to the Consumer and the Entrepreneur with consumer rights, including in particular sales contracts, delivery contracts and contracts for specific work which is not goods.
13. DCG cannot invoke expiration of the time limit for detection of non-compliance of the Goods with the sales contract, if it insidiously concealed such defect.
14. The Goods comply with the sales contract if the following, in particular, complies with the sales contract:
a) description, type, quantity, quality, completeness and functionality, and in respect of goods with digital components – also compatibility, interoperability and availability of updates;
b) fitness for specific purpose for which it is needed by the Consumer or the Entrepreneur with consumer rights, which the Consumer or the Entrepreneur with consumer rights communicated to DCG upon conclusion of the sales contract at the latest and which DCG accepted.
15. Furthermore, in order to be found to comply with the sales contract, the Goods must:
a) be fit for purposes for which that kind of Goods are usually used, taking into account the applicable provisions of law, technical standards or good practices;
b) be in such quantity and have such properties, including durability and safety, and in respect of goods with digital components – also functionality and compatibility as are typical for that kind of goods and may be reasonably expected by the Consumer or the Entrepreneur with consumer rights, taking into account the nature of the Goods and public assurance given by DCG, its legal predecessor or persons acting on their behalf, in particular in advertisements or on labels, unless DCG demonstrates that:

• it did not know about the given public assurance and, judging reasonably, could not have known about it,
• before conclusion of the sales contract the public assurance was corrected in the same conditions and form in which the public assurance was given or in a comparable manner,
• the public assurance did not affect the decision of the Consumer or the Entrepreneur with consumer rights to conclude the sales contract;

c) be delivered together with such packaging, accessories and manuals as may be reasonably expected by the Consumer or the Entrepreneur with consumer rights;
d) be of the same quality as the sample or specimen made available by DCG to the Consumer or the Entrepreneur with consumer rights before conclusion of the sales contract and comply with the description of such sample or specimen.

16. DCG is not liable for non-compliance of the Goods with the sales contract within a scope in which the Consumer or the Entrepreneur with consumer rights was explicitly informed, upon conclusion of the sales contract at the latest, that a specific feature of the Goods deviates from the requirements of compliance with the sales agreement and explicitly and separately accepted the fact that the Goods lack a specific feature.
17. DCG is liable for non-compliance of the Goods with the sales contract existing at the time of delivery and detected within two years from delivery, unless the validity date of the Goods as stated by DCG, its legal predecessors or persons acting on their behalf is longer. Non-compliance of the Goods with the sales contract which is detected before expiration of two years from the time of delivery of the Goods is presumed to have existed at the time of delivery, unless proven otherwise or unless such presumption cannot be reconciled with the specificity of the Goods or the nature of non-compliance of the Goods with the sales contract.
18. If the Goods do not comply with the sales contract, the Consumer or the Entrepreneur with consumer rights may demand that such Goods be repaired or replaced.
19. DCG may replace the Goods if the Consumer or the Entrepreneur with consumer rights demands repair or DCG may repair the Goods if the Consumer or the Entrepreneur with consumer rights demands replacement, if making the Goods compliant with the sales contract in the manner selected by the Consumer or the Entrepreneur with consumer rights is impossible or would require excessive costs for DCG. If repair and replacement are impossible or would require excessive costs for DCG, it may refuse to make the Goods compliant with the sales contract.
20. While assessing if costs for DCG are excessive, any circumstances of the case are taken into account, in particular the significance of non-compliance of the Goods with the sales contract, the value of the Goods compliant with the sales contract and excessive inconvenience for the Consumer or the Entrepreneur with consumer rights resulting from a change of the manner in which the Goods are made compliant with the sales contract.
21. DCG repairs or replaces the Goods within a reasonable period from the time DCG was informed by the Consumer or the Entrepreneur with consumer rights about non-compliance of the Goods with the sales contract and without excessive inconvenience for the Consumer or the Entrepreneur with consumer rights, taking into account the specificity of the Goods and the purpose for which the Goods were purchased by the Consumer or the Entrepreneur with consumer rights. The costs of repair or replacement, in particular the costs of postage, transport, labour and materials, are borne by DCG.
22. The Consumer or the Entrepreneur with consumer rights makes the Goods to be repaired or replaced available to DCG. DCG collects the Goods from the Consumer or the Entrepreneur with consumer rights at its own cost.
23. The Consumer or the Entrepreneur with consumer rights is not obliged to pay for ordinary use of the Goods which were then replaced.
24. If the Goods do not comply with the sales contract, the Consumer or the Entrepreneur with consumer rights may submit a statement on demand of a reduction of the Price or withdrawal from the sales contract if:

a) DCG refused to make the Goods compliant with the sales contract in accordance with Section 43d(2) of the Consumer Rights Act;
b) DCG did not make the Goods compliant with the sales contract in accordance with Section 43d(4-6) of the Consumer Rights Act;
c) the Goods are still non-compliant with the sales contract even though DCG tried to make the Goods compliant with the sales contract;
d) non-compliance of the Goods with the sales contract is so significant that it justifies a reduction of the Price or withdrawal from the sales contract without prior exercise of the remedies specified in Section 43d of the Consumer Rights Act;
e) from DCG’s statement or the circumstances it clearly appears that DCG did not make the Goods compliant with the sales contract within a reasonable period of time or without excessive inconvenience for the Consumer or the Entrepreneur with consumer rights.

25. The reduced Price must be in such proportion to the Price arising from the sales contract as the proportion of the value of the Goods non-compliant with the sales contract to the value of the Goods compliant with the sales contract.
26. DCG returns to the Consumer or the Entrepreneur with consumer rights amounts due as a result of exercise of the right to a reduced Price immediately, but not later than within 14 days from the date of receipt of the statement of the Consumer or the Entrepreneur with consumer rights regarding a reduction of the Price.
27. The Consumer or the Entrepreneur with consumer rights cannot withdraw from the sales contract if non-compliance of the Goods with the sales contract is insignificant. Non-compliance of the Goods with the sales contract is presumed to be significant.
28. If non-compliance with the sales contract only affects some of the Goods delivered under the sales contract, the Consumer or the Entrepreneur with consumer rights may withdraw from the sales contract only in respect of such Goods and in respect of other Goods purchased by the Consumer or the Entrepreneur with consumer rights together with the Goods non-compliant with the sales contract, if it cannot be reasonable expected that the Consumer or the Entrepreneur with consumer rights agreed to only keep the Goods compliant with the sales contract.
29. In the event of withdrawal from the sales contract, the Consumer or the Entrepreneur with consumer rights immediately returns the Goods to DCG at its own cost. DCG returns the Price to the Consumer immediately but not later than within 14 days from the date of receipt of the Goods or a proof of resending of the Goods.
30. DCG returns the Price using the same payment method as was used by the Consumer or the Entrepreneur with consumer rights, unless the Consumer or the Entrepreneur with consumer rights explicitly agreed to another payment method which does not entail any costs for the Consumer or the Entrepreneur with consumer.
31. The Consumer or the Entrepreneur with consumer rights may suspend payment of the Price until DCG fulfils the obligations arising from Section 43d and Section 43e of the Consumer Rights Act.

X. Contact details

1. In all matters related to making transactions in the Store, the Customer may contact DCG 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: 572 001 105
c) by e-mail: e-sklep@denicler.eu

XI. Final provisions

1. Any content made available in the Store is protected by copyright of DCG or entities from which DCG obtained consent to publish such content on the website. Such copyright is protected as provided for in the Act of 4 February 1994 on Copyright and Related Rights. Any duplicating, copying or disseminating such content in whole or in part without the Service Provider’s consent expressed in writing, otherwise null and void, is prohibited.
2. Any disputes which may arise out of or in connection with application of the Regulations between DCG and the Customer who is not a Consumer will be resolved by a court having territorial jurisdiction over DCG’s registered office. This provision does not apply to the Entrepreneur with consumer rights.
3. DCG’s liability towards the Customer who is not a Consumer or the Entrepreneur with consumer rights is limited to the Price paid and the costs of delivery. In such case, DCG is only liable for typical damage which may be foreseen at the time of Order placement and is not liable for lost profits.
4. DCG reserves the right to amend the Regulations for important reasons. Important reasons are understood as:

a) the requirement to adjust the provisions of the Regulations to the applicable provisions of law or decision of authorised public bodies regulating provisions of services by electronic means by DCG;
b) change of interpretation of the provisions of the applicable law (affecting the content of the Regulations) as a result of court rulings, decisions, recommendations or guidelines of offices or authorities relevant for the matter;
c) service improvement;
d) extension or change of functionalities of the Store;
e) introduction of new Services or change of the technical conditions of Service provision (including update of the technical requirements specified in these Regulations);
f) the necessity to remove any errors or misspellings from the content of the Regulations;
g) change of DCG’s data (including e.g. telephone number and address data, names, electronic addresses or updates of links inserted in the content of the Regulations).

5. Amendments to the content of the Regulations relating to the Orders (or other contracts of non-continuous nature) will not violate acquired rights. To any Orders placed before the effective date of amendments to the Regulations, the Regulations in force at the date of Order placement will apply.
6. Each time, DCG announces amendments to the content of the Regulations on the Store’s website with an appropriate communication and in a message sent to the e-mail address provided by the Service Recipient.
7. Amendments to the Regulations take effect upon expiration of 14 days from the date of announcement. If the Regulations are amended for important reasons in respect of provision of the Services of continuous nature (e.g. Customer Account), DCG informs the Service Recipient of this fact by e-mail, and the Service Recipient may terminate the contract within 14 days from being informed about such amendments.
8. The Regulations do not exclude provisions applicable in the country of habitual residence of the Consumer and the Entrepreneur with consumer rights who concludes a contract with DCG if such provisions cannot by excluded by way of contract. In such case, DCG guarantees to the Consumer and the Entrepreneur with consumer rights protection granted to him or her under provisions which cannot be excluded by way of contract.
9. The Regulations take effect upon publication on the Store’s website.