ONLINE SHOP REGULATIONS

DENI CLER MILANO

("E-shop Regulations")

 

General provisions

 

These Regulations are the Regulations within the meaning of Article 8 of the Act of 18^th of July 2002 on the provision of electronic services. The following Regulations specify the principles of performing sales transactions of goods via the Deni Cler Milano Online Shop operating at: www.denicler.eu, which is run by DCG. The Regulations also define the type and scope of services provided electronically by the service provider, the terms and conditions for their provision and the rules for the conclusion and termination of agreements for the provision of services at a distance, as well as the complaint procedure.

 

Whenever the Regulations refer to:

 

E-mail address – it shall mean the the electronic mail address used by the Customer.

 

Price – it shall mean the gross price of Goods placed next to the information about the Goods, not including the delivery costs. Prices of Goods in the Shop are expressed in Polish zloty and include VAT.

 

DCG – it shall be understood as DCG S.A. with its registered office in Warsaw at ul. Bystrzycka 81A , 04-907 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, 14^th Commercial Division of the National Court Register with KRS number 0000285675, tax ID 1130015696, Regon 012513641.

 

Supplier – it shall mean the courier company cooperating with DCG. In the event that DCG cooperates with the Polish Post Office or another public operator, the Polish Post Office or other public operator will also be deemed to be the Supplier.

 

Commercial information – it shall be understood as all information intended directly or indirectly to promote the goods, services or image of DCG or its Partners, with the exclusion of information enabling communication by means of electronic communication with a specific person and information about goods and services not intended to achieve the commercial effect desired by DCG or its Partners, in particular without remuneration or other benefits from producers, sellers and service providers. Commercial information is sent by means of electronic communication, using telecommunication terminal equipment and automatic calling systems for direct marketing purposes. Commercial information, is prepared on the basis of profiling, i.e. automated processing of personal data involving the analysis or forecasting of aspects relating to, inter alia, the behaviour, interests, preferences of Entrepreneurs on the rights of consumers, Consumers, Customers.

 

Customer – it shall mean a natural person with at least limited legal capacity and over 18 years of age, as well as a legal person or an organisational unit without legal personality with legal capacity.

 

Civil Code – it shall mean the Act of 23^rd of April 1964 - Civil Code.

Consumer – it shall mean, in accordance with Article 22[1] of the Civil Code, a natural person making a legal transaction with an entrepreneur which is not directly related to their economic or professional activity.

 

Costs of delivery of the Goods – it shall mean the charges for the delivery of the Goods to the Customer.

 

Newsletter – it shall mean emails containing commercial information of a marketing or remarketing nature, sent periodically, after a certain period of time has elapsed from leaving a product in the shopping cart, purchase or visit to the shop, browsing a given product, including by means of automatic calling systems to the Service Recipient's terminal equipment, in accordance with the promotion calendar. This may include, in particular, but not exclusively, information on promotions, news, sales, bestsellers discount codes, post-purchase welcome messages, etc. With his/her consent, the Customer may make use of the service provided electronically in the form of a Newsletter. In this case, the Customer shall be subscribed to the Newsletter. The Newsletter is a free of charge service provided electronically for an indefinite period of time and the Customer has the right to unsubscribe at any time.

 

Partners – it shall mean the legal entities with personal or capital ties to DCG. These entities may be part of the same corporate group, which means that they have common business interests with DCG and often collaborate with DCG at different levels to achieve common goals. Partners may provide different products, services or technologies and may also collaborate with DCG on other levels such as marketing, sales, customer service. DCG's relationship with Partners serves to benefit each other by increasing operational efficiency.

 

Telecommunications Law – it shall mean the Act of 16^th of July 2004, Telecommunications Law.

 

Entrepreneur on the rights of a consumer - a natural person concluding a contract with DCG directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity; referred to in Article 385[5], Article 556[4], Article 556[5] and Article 576 [5] of the Civil Code and Article 38a of the Consumer Rights Act.

 

Shop – it shall mean the online shop operated by DCG at the internet address www.denicler.eu.

 

Goods or Goods – it shall mean the goods offered by DCG for retail sale, available in the Shop.

 

Contract – it shall mean a contract for the provision of services by electronic means concluded between the service provider and the service recipient under the terms and conditions provided for in these Regulations.

 

Services – it shall mean services provided free of charge electronically without the simultaneous presence of the parties, i.e. at a distance. These services are provided by transmitting information at the request of the Service Recipient.

 

Customer – it shall mean the natural person using the service provided electronically by DCG under the terms and conditions specified in the Regulations.

 

Service provider – it shall mean DCG.

 

Consumer Rights Act – it shall mean the Act of 30^th of May 2014 on consumer rights.

 

Order – it shall mean an order for Good or Goods placed by the Customer in the Shop in accordance with the Regulations,

 

The information provided on the Shop's website does not constitute an offer within the meaning of the Civil Code. They constitute an invitation to submit offers by Customers.

 

The availability of Goods is updated Monday to Friday at noon except on public holidays. DCG reserves the possibility that the Goods may not be available in the colour, size and quantity indicated by the Customer.

 

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

 

The holder of a Deni Club account set up by DCG is entitled, in the case of a purchase made in the Shop, to a discount resulting from the number of points held in the loyalty programme and ranging from 0% to 10% discount on the Price for the Goods. The discount shall be calculated after entering the Deni Club account number or promotional code number in the "Cart" field on the Shop's website. Loyalty Cards issued by DCG other than those indicated in the first sentence (providing for a discount higher than 10%) do not entitle their holder to any discount on purchases made in the Shop.

 

Promotional actions in the Shop do not cumulate, unless otherwise stated in the promotional rules. The promotional actions in the Shop may differ from the promotional actions running in the Deni Cler Milano brand's Stationary Shops.

 

Terms and conditions of the Services (transactions)

 

DCG provides the following Services:

 

Access to the Shop via Progressive Web App (PWA) - A service that provides a higher level of interactivity, accessibility and functionality on mobile and desktop devices. Access to the Shop via the PWA is possible by adding the PWA to the home screen of the Customer's end device. This does not require the use of official app shops - it can be done from within the web browser used by the Service Recipient. This is a free service provided for an unlimited period of time.

 

Order Information - a service allowing to obtain information on the status of the Order. In order to use the Service, it is necessary to complete the relevant form by providing the necessary data. It is a free of charge Service provided for a limited period of time necessary to check the status of a given Order.

 

Splitting of the Order - when placing an Order comprising more than one Good, the Customer is informed that the products may be delivered in several separate shipments. This procedure is intended to speed up delivery and ensure that at least part of the Order reaches the Customer in the shortest possible time. Order splitting is only available for selected payment methods and for delivery directly to the Customer in Poland. It is a free service provided for the time necessary to process a particular Order.

 

Enabling customers to complete orders without registration - in order to use the Service it is necessary to complete the relevant form by providing the necessary data. This is a free service provided for a limited period of time, necessary for execution of a given Order.

 

Enabling Customers to reserve Goods and collect them in the showroom - The Service Provider enables potential reservations of Goods through the Shop, with the possibility of collecting the Goods and making payment at the selected stationary showroom. After sending the online booking form, the Customer will receive a confirmation of the sending of the booking form by e-mail. Sending the form does not guarantee the reservation of the Goods. The showroom staff will contact the Customer to confirm the booking or to inform of the unavailability of the Goods. The Goods reserved by the Customer will be kept in the chosen showroom for 3 days counting from the moment of confirming the reservation. After this period, the reservation will be automatically cancelled and the product will be available for other Customers. The Customer shall make payment for the Goods at the time of collection at the showroom. If the Customer fails to collect and pay for the reserved Goods within the specified period, the reservation will be cancelled. In case of any doubts or problems related to the reservation of the Goods, the Customer should contact the chosen salon directly. In order to use the Service, it is necessary to complete the relevant form by providing the necessary data. This is a free service provided for the duration of the reservation, i.e. for 3 days.

 

Enabling Customers to purchase Goods and collect them in the showroom - The Service Provider enables the ordering of Goods through the Shop, with the possibility of collecting the Goods and making payment at the selected stationary showroom or paying for the order immediately through payment service providers. Once the order has been placed, the Customer will receive a confirmation by email. In order to use the Service, it is necessary to complete the relevant form by providing the necessary data. This is a free service provided for an unlimited period of time.

 

Enabling Customers to set up a customer account and use its functionalities (placing an order, receiving information on news, including promotions) - in order to use the Service, it is necessary to complete the appropriate form by providing the necessary data. This service is free of charge and provided for an indefinite period of time.

 

Enabling Customers to set up a Company account and use its functionalities (placing an order, receiving information on news, including promotions) - in order to use the Service, it is necessary to complete the relevant form by providing the necessary data. This is a free service provided for an indefinite period of time.

 

Enabling Customers to receive Newsletters, i.e. e-mails containing commercial information of marketing and remarketing nature - with their consent, the Customer may take advantage of the service provided electronically in the form of Newsletter; for this purpose, he/she may provide his/her e-mail address in the relevant tab on the Site and select the "Notify me" option; another way to express consent to receive the Newsletter is to tick the relevant checkbox in the registration form when creating an account; in this case, along with creating an account, the Customer will be subscribed to the list of persons receiving the Newsletter. The Newsletter is a free service provided electronically for an indefinite period of time, and the Customer has the right to opt-out at any time; in order to opt-out of the Newsletter, a message with the relevant instruction can be sent by e-mail to: rodo@denicler.eu or in writing to: DCG S.A. ul. Bystrzycka 81A, 04-907 Warsaw or by clicking on the appropriate link at the very bottom of each message in which the Newsletter is sent. Unsubscribing from the Newsletter is also possible after logging into the account.

 

Whistleblowing - a service that allows you to report violations of the law, internal regulations or ethical standards; in order to use the Service, you must complete the relevant form by providing the necessary data. It is a free Service provided for a limited period of time, necessary to make a specific report.

 

Find Showroom- a service which allows you to locate the addresses of DCG showrooms; in order to use the Service you need to complete the relevant form by providing the necessary data. It is a free of charge service provided for a limited period of time necessary to locate a specific showroom.

 

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

 

- the computer equipment, smartphone or other telecommunications terminal device used by the Customer should have Internet access and be equipped with a program to read .pdf files;

 

- it is recommended to have an updated web browser;

 

- - in order to create an account – have an e-mail address through which one can receive and send e-mails;

 

- in order to subscribe to the Newsletter, have an e-mail address through which one can receive and send e-mails.

 

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

 

- in the event that the Shop's website is upgraded or rebuilt or in connection with repair or maintenance work on the ICT system, of which it will inform on this website, DCG ensures that it will make every effort to ensure that interruptions to the provision of Services associated with the activities described in the first sentence are not onerous for Customers;

 

DCG shall also have the right to block or temporarily suspend access to the Shop's website for a period of time necessary to rectify any hazards or irregularities for security reasons or any other reasons beyond DCG's control.

 

DCG is not responsible for:

 

- interruption of the Services due to force majeure, for example: fires, floods, natural disasters or meteorological phenomena;

 

- damage resulting from the functioning of the Shop's website or the inability to use it or from malfunctions, errors, deficiencies, interruptions, defects, delays in operations or data transmission, computer viruses, computer system failures, with the exception of damage caused by DCG.

 

All Customers are prohibited from sending content that is unlawful or contrary to the principles of social co-existence. A Customer having the status of a registered Shop user undertakes to protect information enabling his/her identification (login and password), in particular undertakes not to make the Account password available to unauthorised persons.

 

Registration and conditions for placing Orders

 

The persons authorised to place Orders for Goods are Customers:

 

- having the status of a registered user of the Shop;

 

- not having the status of a registered user of the Shop.

 

The status of a registered Store user is obtained:

 

- after the registration form on the Shop's website has been filled in correctly (in particular, providing the personal data required in the form, making declarations and establishing the Customer's login and password);

 

- after the Customer has received a message at the e-mail address he/she has provided confirming the creation of the account.

 

Registration is done once. For each subsequent Order, the Customer uses the login and password previously established on the Shop website. After using the login and password established by the Customer, he/she has the possibility of updating the data provided during registration. The login and password are confidential.

A Customer with the status of a registered Shop user places an order after logging in to the Shop by adding the Goods presented in the Shop to the Cart, then confirming the placing of an order for the Goods by selecting the button - "Order and pay".

 

A Customer who does not have the status of a registered Shop user places an order by adding the Goods presented in the Shop to the Cart, then confirming the order for the Goods by selecting the button - "Order and pay" and providing the data necessary to complete the order in accordance with the "How to buy" instructions provided on the Shop's website.

 

In the Order, the Customer should additionally indicate the data required for a VAT invoice if he/she requests a VAT invoice.

 

Presentation of Goods

 

The Shop's website contains content protected by industrial property rights or intellectual property rights. None of this content, in particular text, graphics, trademarks, logos, icons, images, may be reproduced or distributed in any form or by any means. All trademarks on the Shop website have been used solely for the purpose of presenting the Goods and are the property of DCG.

 

The Customer undertakes to use the content on the Shop's Website solely for his/her own personal use, resulting from the Regulations.

 

Conclusion of the sales contract and processing of Orders

 

By clicking the "Place Order" button, a binding order is placed for the products in the shopping cart. Once the Order has been placed, the Customer shall receive an e-mail with a summary of the Order and information on the registration of the Order in the Shop to the e-mail address indicated by the Customer. DCG reserves the right to carry out additional verification of the Customer's details, e.g. by telephone contact.

 

DCG has the right to refuse to process Orders:

 

- submitted on an incorrectly completed Order form;

 

- submitted in breach of the Regulations;

 

- in case of non-availability of the Goods covered by the Order;

 

- in the event of lack of payment within 5 days from the date of the Order.

 

Orders can be placed in the Shop 24 hours a day, all days of the year, and are processed on working days between 9 a.m. and 4 p.m.

 

The Goods covered by the Order are delivered to the Customer together with the documents confirming the conclusion of the contract of sale of the Goods, that is:

 

- a fiscal receipt or a VAT invoice, if the Customer requested it when making the Order and provided the necessary data for its issue; and

 

- the information referred to in Article 12(1) of the Consumer Rights Act.

 

The content of sales contracts concluded in the Shop is stored by the Shop'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 authorities in accordance with the provisions of law. Each Customer who has completed the registration procedure has, after logging in, access to all his or her sales contracts concluded in the Shop for the period of their storage in the computer system specified in the first sentence.

 

The terms and conditions of the contract of sale are set out in the Regulations, applicable laws and individual agreements between DCG and the Customer.

 

DCG displays the Price in a clear and unambiguous way.

 

Whenever a price reduction is communicated, in addition to information on the reduced Price, e.g. reduced due to the introduction of temporary promotions in the Online Shop, DCG shall display the lowest last price for the Goods available in the Shop in the last 30 days before the price reduction was applied.

 

DCG shall be liable to Consumers and Entrepreneurs in accordance with their rights as consumers for conformity of the Goods with the sales contract under the terms of the Consumer Rights Act, and to Customers other than Consumers and Entrepreneurs in accordance with their rights as consumers for defects in the Goods under the terms of the Civil Code and other relevant provisions of law, as well as under the Regulations.

 

DCG informs you that reviews published on the Store are not verified as to their origin from people who have used or purchased the Goods.

 

Payment rules

 

The payment for the Goods and the delivery costs of the Goods can only be paid according to the following options:

 

- by bank transfer or payment into a DCG bank account;

- via PayU - quick transfer/online payments;

- cash - on delivery.

 

In the case of payment by bank transfer or payment to DCG's bank account, the following must be included in the transfer order in the title of the transfer: the Customer's name and surname or business name and the number of the Order (indicated in the information on registering the Order in the Shop).

 

In the case of cash-on-delivery payment, DCG reserves the right to block this option for a Customer who has not collected three consecutive shipments of Orders placed with the Customer's personal data.

 

The Customer's obligations under the contract for the sale of Goods shall continue until the Goods and the Delivery Costs have been paid in full.

 

Delivery of ordered Goods

 

DCG shall deliver Orders by courier through the Supplier. DCG envisages the possibility of introducing delivery by post through the Polish Post Office. DCG will inform about such a possibility on the Shop’s website.

 

Shipping via the Supplier is carried out up to 7 working days after the payment is credited to the DCG account. Saturdays and public holidays, including Sundays, are not included in the delivery time of the Order. During sales or promotions, as well as during special campaigns, delivery times may be extended. Any delays in delivery may be due to external causes that are unforeseeable and unpreventable, such as force majeure.

 

DCG undertakes to supply the Goods without defects.

 

In the case of a consumer distance purchase, DCG bears the risk of accidental damage or loss of the Goods in transit, likewise in the case of Entrepreneurs under consumer rights. In the event that the packaging of a consignment delivered to the Customer is damaged or bears traces of having been opened by third parties, the Customer has the right to refuse to accept the Goods. In the aforementioned situation, the Customer may request the Supplier to draw up a protocol stating the reason for refusal to accept the consignment and is requested to inform DCG of the occurrence of such an event.

 

The costs of delivering the Goods, which are to be borne by the Customer in addition to the price of the Goods, are stated on the Shop's website when placing an Order.

 

DCG provides for the possibility of personal collection of the Goods by the Customer in DCG showrooms. Collection of the ordered Goods shall be possible by the Customer or a person authorised by him/her (the authorisation must be in writing to be valid), at a designated DCG commercial outlet after prior confirmation of the date by the Shop administration via e-mail or telephone.

 

Withdrawal from the sales contract/Return of purchased Goods

 

An Entrepreneur on consumer rights and a Consumer may return the Goods purchased in the Shop without giving any reason by submitting a declaration of withdrawal from the contract of sale of the Goods in accordance with Article 27 of the Act on Consumer Rights. This right may be exercised within 14 days of receipt of the Goods.

 

In the case of withdrawal from the contract in accordance with the procedure indicated in paragraph 1, the Entrepreneur on the rights of the Consumer or the Consumer shall be obliged to return the Goods within 14 days from the date of submission of the declaration of withdrawal from the contract of sale of the Goods.

 

In the event of withdrawal from the contract in accordance with paragraph 1, the Entrepreneur on the right of the Consumer or the Consumer shall be obliged to return the Goods together with the return form [return_form] to the Shop at the following address:

 

E-shop DCG S.A

Bysławska 44

04-993 Warsaw

 

or make the return of the Goods in person at one of the showrooms (a list of showrooms can be found on the shops' website). Upon acceptance of returned Goods, the showrooms will immediately forward the returned Goods to the Shop.

 

The direct costs of returning the Goods shall be borne by the Entrepreneur under the rights of the consumer or the Consumer.

The right of withdrawal shall not apply in the cases specifically referred to in Article 38(1) of the Consumer Rights Act, inter alia with regard to contracts:

 

- for the provision of services where the entrepreneur has supplied the service in full with the express consent of the consumer who has been informed before the performance begins that he will lose his right of withdrawal once the trader has provided the service;

 

- where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs;

 

- in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery.

 

DCG shall reimburse the Entrepreneur in right of the Consumer or the Consumer for the Goods returned by the Entrepreneur within 14 days from the date of delivery to DCG of the consignment containing the Goods.

 

Withdrawal from the contract of sale of the Goods can be made by completing the withdrawal form available on the website: link. The declaration can also be made on the form, a draft of which is attached as Appendix No. 2 to the Consumer Rights Act.

 

To comply with the 14-day withdrawal period for the sale of Goods, it is sufficient to submit an electronic form on the website: link or to send the withdrawal declaration before its expiry to the address of the Shop indicated above.

 

Detailed information on how to make a complaint about the Goods is available on the website: Returns and Complaints.

 

Complaint about the Goods

 

A Complaint about the Goods should be:

 

- sent to:

DCG S.A.

Bystrzycka 81A

04-907 Warsaw

 

or

 

- sent by e-mail to e-sklep.pomoc@denicler.eu,

 

- submitted in person at one of the showrooms operated by DCG (list of showrooms can be found on the website: Showrooms).

 

We recommend stating in the description of the complaint information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect/confirmation of non-conformity of the Goods with the sales contract.

 

A complaint can be made, among other things, by filling in a complaint form available on the Shop's website: link.

A complaint about Goods will be dealt with up to 14 days from the date of the complaint. The Customer will be notified by email or telephone of the outcome of the complaint.

 

If we have not responded to the complaint within 14 days, this means that the complaint is considered justified.

 

DCG informs of the possibility of using out-of-court ways of dealing with complaints about the Goods, including through the submission by the Customer, after the complaint procedure, of an application for mediation or an application for consideration of the case before an arbitration court (the application can 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 Trade Inspection is available on the website:

 

http://www.uokik.gov.pl/wazne_adresy.php#faq596

 

The out-of-court settlement of claims after the complaint procedure is free of charge.

 

Detailed information on how to make a complaint about the Goods is available on the website: link.

 

In the case of a sales contract concluded with a Customer who is not a Consumer at the same time, on the basis of Article 558 § 1 of the Civil Code, the liability of the Online Shop under warranty for defects in the Goods is excluded. This exclusion shall be ineffective in the event of malicious concealment of a defect by DCG. The above shall not apply to Entrepreneurs on consumer rights.

 

DCG may request that an Entrepreneur with consumer rights include a statement in the notes to the Order that the contract relating to the Goods ordered is directly related to the Entrepreneur's business activity but is not of a professional nature for the Entrepreneur. Such a statement constitutes information to the Seller that the person making it is exercising his rights as an Entrepreneur with consumer rights.

 

The basis and extent of DCG's liability to the Consumer, and to the Entrepreneur on the rights of the Consumer if the Goods sold do not comply with the sales contract, are set out in the Consumer Rights Act.

 

In the event of non-conformity of the Goods with the sales contract, the Consumer and the Entrepreneur on consumer rights shall be entitled to the rights set out in the Consumer Rights Act. The provisions of Book Three of Title XI of Part II of the Civil Code shall not apply to contracts obliging to transfer ownership of the Goods to the Consumer and the Entrepreneur on the rights of the Consumer, including in particular contracts of sale, supply contracts and contracts for work being goods.

 

DCG may not rely on the expiry of the time limit for establishing the non-conformity of the Goods with the contract of sale if it has fraudulently concealed the non-conformity.

 

The goods are in accordance with the sales contract if, in particular, the following properties are in accordance with the sales contract:              

- description, type, quantity, quality, completeness and functionality and, for goods with digital elements, also compatibility, interoperability and availability of updates;

 

- suitability for the 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 has notified to DCG at the latest at the time of the conclusion of the sales contract and which DCG has accepted.

 

In addition, the Goods, in order to be deemed to be in conformity with the contract of sale, must:

 

- be fit for the purposes for which Goods of that kind are normally used, having regard to the applicable laws, technical standards or good practice;

 

- appear in such quantity and have such characteristics, including durability and safety and, in respect of goods with digital elements, functionality and compatibility, as are typical of goods of that type and which the Consumer or an Entrepreneur on the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurances made by DCG, its legal predecessors or persons acting on their behalf, in particular in advertising or on labelling, unless DCG demonstrates that:

 

- did not know about the public assurance in question and, judging reasonably, could not have known about it;

 

-before the conclusion of the sales contract, the public assurance has been rectified in the terms and form in which the public assurance was given, or in a comparable manner;

 

- the public assurance did not influence the decision of the Consumer or trader in the consumer's rights to conclude the sales contract;

 

- be supplied with packaging, accessories and instructions which the Consumer or the Entrepreneur on the rights of the Consumer may reasonably expect to be supplied;

 

- be of the same quality as the sample or specimen which DCG has made available to the Consumer or the Entrepreneur on the rights of the Consumer prior to the conclusion of the contract of sale and correspond to the description of such sample or specimen.

 

DCG shall not be liable for the non-conformity of the Goods with the sales contract to the extent that the Consumer or the Entrepreneur on the rights of the Consumer, at the latest at the conclusion of the sales contract, has been expressly informed that a specific characteristic of the Goods deviates from the requirements for conformity with the sales contract and has expressly and separately accepted the lack of a specific characteristic of the Goods.

DCG shall be liable for any lack of conformity of the Goods with the sales contract existing at the time of delivery and discovered within two years of that time, unless the Goods have a longer shelf life, as determined by DCG, its legal predecessors or persons acting on their behalf. Any non-conformity of the Goods with the sales contract which becomes apparent before the expiry of two years from the time of delivery of the Goods shall be presumed to have existed at the time of delivery unless the contrary is proved or the presumption cannot be reconciled with the nature of the Goods or the nature of the non-conformity of the Goods with the sales contract.

If the Goods are not in conformity with the sales contract, the Consumer or the Entrepreneur on the rights of the Consumer may request repair or replacement.

 

DCG may carry out a replacement where the Consumer or the Entrepreneur on the rights of the Consumer requests a repair, or DCG may carry out a repair where the Consumer or the Entrepreneur on the rights of the Consumer requests a replacement, if it is impossible or would require unreasonable costs for DCG to bring the Goods into conformity with the sales contract in the manner chosen by the Consumer or the Entrepreneur on the rights of the Consumer. If repair and replacement are impossible or would require unreasonable costs for DCG, DCG may refuse to bring the Goods into conformity with the sales contract.

 

In assessing the unreasonableness of the costs to DCG, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the Goods with the sales contract, the value of the Goods in conformity with the sales contract and the undue inconvenience to the Consumer or the Entrepreneur on the rights of the Consumer arising from the change in the manner of bringing the Goods into conformity with the sales contract.

 

DCG shall carry out the repair or replacement within a reasonable time from the moment DCG is informed by the Consumer or the Entrepreneur on the rights of the Consumer of the non-conformity with the sales contract and without undue inconvenience to the Consumer or the Entrepreneur on the rights of the Consumer, taking into account the specific nature of the Goods and the purpose for which the Consumer or the Entrepreneur on the rights of the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by DCG.

 

The Consumer or the Entrepreneur on the rights of the Consumer shall make the Goods subject to repair or replacement available to DCG. DCG shall collect the Goods from the Consumer or the Entrepreneur on the rights of the Consumer at its expense.

 

Either the Consumer or the Entrepreneur on the rights of the Consumer shall not be obliged to pay for the mere use of the Goods which are subsequently replaced.

 

If the Goods are not in conformity with the sales contract, the Consumer or the Entrepreneur on the rights of the Consumer may make a declaration to request a reduction in the Price or to withdraw from the sales contract when:

 

- DCG refused to bring the Goods into conformity with the contract of sale in accordance with Article 43d(2) of the Consumer Rights Act;

 

- DCG has failed to bring the Goods into conformity with the sales contract in accordance with Article 43d(4) to (6) of the Consumer Rights Act;

 

- the non-conformity of the Goods with the sales contract continues even though DCG has attempted to bring the Goods into conformity with the sales contract;

 

- the lack of conformity of the Goods with the sales contract is so significant that it justifies a reduction in the Price or cancellation of the sales contract without first resorting to the means of protection set out in Article 43d of the Consumer Rights Act;

 

- it is clear from DCG's statement or the circumstances that DCG will not bring the Goods into conformity with the sales contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur on the rights of the Consumer.

 

The reduced Price must remain in such proportion to the Price under the sales contract as the value of the Goods not in conformity with the sales contract remains to the value of the Goods in conformity with the sales contract.

 

DCG shall reimburse to the Consumer or the Entrepreneur on the rights of the Consumer the amounts due as a result of the exercise of the right to reduce the Price immediately, but no later than within 14 days of receipt of the Consumer's or Entrepreneur on the rights of the Consumer' statement on the reduction of the Price.

 

A Consumer or an Entrepreneur on the rights of the Consumer may not withdraw from a sales contract if the lack of conformity of the Goods with the sales contract is insignificant. The lack of conformity of the Goods with the sales contract shall be presumed to be material.

 

If the lack of conformity with the sales contract only relates to some of the Goods delivered under the sales contract, the Consumer or the Entrepreneur on the rights of the Consumer may withdraw from the sales contract only in respect of those Goods and also in respect of other Goods purchased by the Consumer or the Entrepreneur on the rights of the Consumer together with Goods not in conformity with the sales contract, if the Consumer or the Entrepreneur with consumer rights cannot reasonably be expected to agree to keep only Goods in conformity with the sales contract.

 

In the event of cancellation of the contract of sale, the Consumer or the Entrepreneur on the rights of the Consumer shall immediately return the Goods to DCG at its expense. DCG shall return the Price to the Consumer immediately, but no later than within 14 days of receipt of the Goods or proof of their return.

 

DCG shall refund the Price using the same method of payment used by the Consumer or the Entrepreneur on the rights of the Consumer, unless the Consumer or the Entrepreneur on the rights of the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.

 

Either the Consumer or the Entrepreneur on the rights of the Consumer may withhold payment of the Price until DCG has fulfilled its obligations under Articles 43d and 43e of the Consumer Rights Act.

 

Contact details

 

For all matters relating to transactions in the Shop, the Customer may contact DCG as follows:

 

- by post at:

 

E-shop DCG S.A

Bysławska 44

04-993 Warsaw

 

-telephone at: 572 001 105

 

- via e-mail:  e-sklep.pomoc@denicler.eu

 

Final provisions

 

All content made available in the Shop is subject to copyright owned by DCG or entities from which DCG has obtained permission to place it on the website. These rights are protected by the Act on Copyright and Related Rights of 4^th of February 1994. Any reproduction, copying and distribution in whole or in part of the aforementioned content without the consent of the Service Provider in writing under pain of invalidity is prohibited.

Disputes which may arise from the application of the Regulations between DCG and a Customer who is not a Consumer shall be settled by the court having jurisdiction over the seat of DCG. This provision does not apply to a Business on the rights of a Consumer.

 

DCG's liability to a Customer who is neither a Consumer nor an Entrepreneur on the rights of the Consumer shall be limited to the amount of the Price paid and the delivery costs. In such a situation, DCG shall only be liable for typical damage foreseeable at the time the Order is placed and shall not be liable for lost profits.

 

DCG reserves the right to amend the Regulations for important reasons. Valid reasons are understood to mean:

 

- the requirement to adapt the provisions of the Regulations to applicable laws or decisions of authorised public authorities governing the provision of electronic services by DCG;

a change in the interpretation of generally applicable law (which affects the content of the Regulations) as a result of court decisions, decisions, recommendations or recommendations of competent authorities or bodies;

 

- improving service;

 

- expand or change the functionality of the Shop;

 

- introducing new Services or changing the technical conditions for providing the Services (including updating the technical requirements indicated in these Regulations);

 

- the need to rectify errors or clerical mistakes in the text of the Regulations;

 

- changes to DCG data (including, for example, contact details, names, e-mail addresses or updating links provided in the Regulations).

 

Changes to the content of the Regulations relating to Orders (or other contracts of a non-continuous nature) shall not affect acquired rights. For Orders placed before the effective date of the amendments to the Regulations, the Regulations in force on the date of the Order shall apply.

 

Each time the content of the Regulations is changed, DCG informs on the website of the Store by an appropriate announcement and by means of a message sent to the e-mail address provided by the Customer.

 

The amendment to the Regulations shall take effect 14 days from the date of notification of the amendment. In the event of a change to the Terms and Conditions for valid reasons with regard to the provision of Services of a continuous nature (e.g. Customer Account), DCG shall, via e-mail address, inform the Service Recipient, who may, within 14 days of being informed of this change, terminate the concluded Contract.

 

The Regulations do not exclude provisions in force in the country of habitual residence of the Consumer and the Entrepreneur on the rights of the Consumer concluding a contract with DCG which cannot be excluded by contract. DCG shall in such a case guarantee to the Consumer and Entrepreneur on the rights of the Consumer the protection afforded to the Consumer under the provisions that cannot be excluded by contract.

 

The Regulations shall enter into force as soon as they are published on the Shop's website.

 

The current version of the Regulations is effective as of 10^th of October 2023.