I. GENERAL PROVISIONS
These regulations, together with legal provisions, govern the issues regarding the use of the Najlepszeferomony.pl Online Store available at https://najlepszeferomony.pl.
Contact with the Online Store is possible via e-mail: sklep'at'najlepszeferomony.pl or by phone: +48 726 46 77 22.
The owner of the Najlepszeferomony.pl Online Store is the company DANCO with its registered office in Bielsko-Biała, ul. Leśna 19d, holding the tax identification number NIP 937-221-91-59, statistical number REGON 243255424.
II. DEFINITIONS
Store Owner, Seller - The Owner of the Najlepszeferomony.pl Online Store referred to in Chapter I, section 3 of the Regulations;
Customer - any natural person having full legal capacity, a legal person, or an organizational unit without legal personality to which the act grants legal capacity.
Entrepreneur - a Customer conducting business activity within the meaning of the provisions of the Act of July 2, 2004, on Freedom of Economic Activity (consolidated text: Journal of Laws 2010 No. 220 item 1447 as amended),
Consumer - a Customer who is a natural person performing a legal act with the entrepreneur not directly related to their business or professional activity.
Store - Najlepszeferomony.pl Online Store available at the website address https://najlepszeferomony.pl/
Regulations - These Regulations for the provision of electronic services no. 1805250000,
Working days - days of the week from Monday to Friday, excluding statutory holidays,
Customer Account - a place available to Store Customers after entering an e-mail address and password, enabling, among other things, ordering goods, tracking order status, changing and correcting personal data, etc.
III. PROCEDURE FOR CONCLUDING, RECORDING, AND MAKING AVAILABLE SALES AGREEMENTS
The order is placed by the buyer by phone or electronically and constitutes an offer to conclude a sales agreement for the goods placed on the Online Store website for the price specified therein. An offer submitted by phone or electronically is binding on the buyer if the Online Store confirms its receipt immediately.
The Online Store confirms receipt of the order by an automatically generated e-mail sent to the buyer. The message contains the order number and date, details of the parties to the agreement, main features of the ordered goods, total price along with the method and deadline for payment, place, method, and costs of delivery.
The Online Store provides the buyer with the opportunity to correct any errors in the placed order, change or cancel it, until the sales agreement is concluded. If the proposed content of the sales agreement does not comply with the order placed by the buyer, the buyer should notify the Online Store of the noted discrepancies. The Online Store will send the corrected content of the sales agreement to the buyer without undue delay.
The Online Store confirms the execution of the order by sending the buyer another e-mail with the status "Preparation in progress". Upon receipt of this message by the buyer, the sales agreement is concluded, and the Customer is obliged to collect the ordered shipment.
Orders can be placed after registration or without registration. In the case of making purchases without prior registration, a Customer Account is not created; however, in such a case, the Customer resigns from the functionalities assigned to the Customer Account, i.e., remembering address data, facilitating the use of loyalty points collected in connection with purchases made in the future, tracking order status, and faster shopping in the future (possibility of repeating a previous order).
The Seller may verify the correctness and truthfulness of the data entered by the Customer at any time. The Seller has the right to withdraw from the sales agreement in the situations referred to in Chapter X, section 11, point g.
Placing a specific product on the Online Store website along with its price does not constitute an offer to sell it, but merely an invitation for buyers to submit offers.
Sales agreements are concluded in Polish, and orders are processed within the territory of Poland. Shipping abroad is also possible. In such a case, the conditions of sale and shipment of goods abroad may be agreed individually with the Customer.
IV. METHODS AND DEADLINES FOR PAYMENT OF PRICE
The prices of goods placed on the Online Store website are gross prices and include customs duty, taxes – including VAT.
The Online Store provides buyers with the following payment methods:
bank transfer - the buyer makes a transfer directly to the individual bank account number of the Online Store owner: DANCO, ul. Leśna 19d, 43-300 Bielsko-Biała, mBank account no.: 41 1140 2004 0000 3602 7478 4714. Order processing begins immediately after the conclusion of the sales agreement and crediting of the bank account.
cash on delivery (COD) payment - by choosing this method, the buyer is additionally charged a flat-rate COD cost according to the price list located on the page https://najlepszeferomony.pl/pl/content/formy-platnosci-10. The order processing procedure begins immediately after the conclusion of the sales agreement.
electronic transfer payment - payment method handled by Przelewy24
payment card or credit card payment - payment method handled by PayPal
In the case of payment on delivery, payment should be made on the day of delivery of the goods, and in the case of payment by transfer, within 3 working days.
In the case of payment by bank transfer, the order processing time is calculated from the day the amount is credited to the account.
In the case of payment on delivery, shipment of goods may be suspended in the absence of positive verification of the correctness of address data.
In accordance with Art. 106, section 4 of the VAT Act, in mail-order sales to natural persons not conducting business activity, the Online Store issues an invoice only at the buyer's request. The Online Store sends the Customer an order confirmation, which is also proof of purchase and the basis for further claims. To receive a VAT invoice, the Customer should select the appropriate option in the order form or send an email requesting an invoice.
V. COSTS, METHODS, AND DEADLINES FOR DELIVERY
The following methods of delivery of goods are available in the Online Store:
Inpost Parcel Lockers (Paczkomaty)
Polish Post (Poczta Polska)
Pocztex courier service
DPD courier service
The cost of delivery of goods available on the page https://najlepszeferomony.pl/pl/content/dostawa-1is covered by the buyer. The carrier delivers shipments from Monday to Friday - excluding statutory holidays falling within this period.
The approximate order processing time is from 1 to 3 working days. This is the time in which the order should be sent to the Customer. in random situations related to the lack of product in the supplier's warehouse, the Online Store will inform the Customer about possible delays electronically or by phone.
In the case of several products ordered in one shipment, the order processing time corresponds to the longest processing time among the products in the order.
The Customer is obliged to collect the ordered shipment.
The Customer is obliged to check if the packaging has signs of opening or damage at the time of its delivery in the presence of the courier or postal employee. In the event of finding signs of opening or damage to the packaging that could have occurred during transport, the Customer is obliged, pursuant to Art. 74 section 1 of the Transport Law Act, to draw up an appropriate protocol with the courier or postal employee and immediately notify the Online Store at the indicated e-mail address: reklamacje'at'najlepszeferomony.pl
If a loss or damage that could not be noticed from the outside upon receipt is revealed after the delivery of the shipment, the carrier determines the state of the shipment at the request of the authorized person submitted immediately after the damage is revealed, but no later than within 7 days from the date of receipt of the shipment.
VI. RIGHT OF WITHDRAWAL AND RULES FOR RETURN OF PURCHASED GOODS
A buyer-consumer who has concluded a sales agreement with the Online Store may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 section 2, and Art. 35 of the Act of May 30, 2014, on Consumer Rights.
The deadline to withdraw from the agreement referred to in point 1 expires after 14 days from the day on which the buyer-consumer came into possession of the item or on which a third party, other than the carrier and indicated by the buyer-consumer, came into possession of the item.
To exercise the right of withdrawal, the buyer-consumer must inform the Online Store of their decision to withdraw from the sales agreement by way of an unequivocal statement (a letter sent by post to DANCO, ul. Leśna 19d, 43-300 Bielsko-Biała). The statement of withdrawal from the agreement may be submitted on the form available at the following address: https://najlepszeferomony.pl/pdf/form_odst_od_umowy.pdf.
To meet the deadline for withdrawal from the agreement, it is sufficient for the buyer-consumer to send information regarding the exercise of their right to withdraw from the agreement before the deadline to withdraw from the agreement expires.
In the event of withdrawal from the sales agreement, the Online Store refunds all payments received from the buyer-consumer, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the buyer-consumer other than the cheapest standard method of delivery offered by the Online Store), immediately, and in any case no later than 14 days from the day on which the Online Store was informed about the decision to exercise the right of withdrawal.
The refund will be made using the same payment methods that were used by the buyer-consumer in the original transaction unless the buyer-consumer has expressly agreed to a different solution. In any case, the buyer-consumer will not incur any fees in connection with this refund.
The Online Store may withhold the refund until receipt of the item.
The Seller does not accept shipments sent back via cash on delivery (COD).
The buyer-consumer should send back or hand over the returned item to the address of the Online Store, i.e., DANCO, ul. Leśna 19d, 43-300 Bielsko-Biała, immediately, and in any case no later than 14 days from the day on which they informed the Online Store of the withdrawal from the agreement. The deadline is met if the buyer-consumer sends back the item before the expiry of the 14-day period.
In the event of withdrawal from the sales agreement, the buyer-consumer bears the direct costs of returning the item.
The buyer-consumer is liable for any diminished value of the item resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item.
The right of withdrawal from an agreement concluded away from business premises or at a distance is not granted to the buyer-consumer with respect to agreements:
for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the commencement of the service that after the performance of the service by the entrepreneur they will lose the right of withdrawal,
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur exercises no control, and which may occur before the deadline to withdraw from the agreement,
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individualized needs,
in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or for hygiene reasons, if the package was opened after delivery,
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the entrepreneur has no control,
in which the consumer explicitly demanded that the entrepreneur come to them to perform urgent repair or maintenance; if the entrepreneur provides additional services other than those demanded by the consumer, or supplies items other than spare parts necessary to perform repair or maintenance, the right of withdrawal is granted to the consumer with respect to additional services or items,
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement,
concluded by public auction,
for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement marks a day or period of service provision,
for the supply of digital content that is not recorded on a tangible medium if the performance of the service began with the consumer's express consent before the deadline to withdraw from the agreement and after informing them by the entrepreneur about the loss of the right of withdrawal.
VII. COMPLAINTS
Buyers may submit complaints regarding purchased goods if they have a physical or legal defect. Complaints will be considered by the Online Store under the principles set out in absolute binding legal provisions. The rights entitled to the consumer are set out in the Act of April 23, 1964, Civil Code (consolidated version: Journal of Laws of 2014, item 121) as amended by the provisions of the Act of May 30, 2014, on Consumer Rights (Journal of Laws of 2014, item 827).
A complaint may be submitted in writing to the address of the registered office of the entrepreneur running the Online Store or sent electronically to the e-mail address: reklamacje'at'najlepszeferomony.pl
The complaint notification should contain the following data:
name and surname of the complainant
order number
date of purchase
description of the defect
complainant's demands
VIII. PROOF OF PURCHASE (VAT INVOICE or RECEIPT):
VAT Invoice - Company: At the Customer's request, we issue a VAT invoice for the purchased products. Please provide invoice information in the form immediately after purchase. By making a purchase, the Customer accepts receiving a VAT invoice in electronic form, to the email address indicated in the order.
VAT Invoice - Individual: At the Customer's request, we can issue an invoice to a natural person who has not provided a NIP (Tax ID) number – please provide information about the invoice without a NIP number in the form immediately after purchase.
Receipt - Individual: we do not attach fiscal receipts to the shipment. The DANCO company is registered as a mail-order company. This legal form allows sales without recording using fiscal cash registers - Detailed rules are set out in the Regulation of the Minister of Finance of March 28, 2006, on cash registers (Journal of Laws No. 54, item 535, as amended), where exceptions are also listed when entrepreneurs do not have to install fiscal devices. At the Customer's request, we can issue an invoice to a natural person who has not provided a NIP number – please provide information about the invoice without a NIP number in the form immediately after purchase.
In mail-order sales, proof of sale and at the same time the basis for a complaint is the order confirmation sent via e-mail.
IX. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
The Online Store is obliged to deliver purchased goods free from defects and is liable to the buyer if the sold item has a physical or legal defect (statutory warranty).
The Online Store is liable under the statutory warranty if a physical defect is found before the expiry of two years from the date of release of the item to the buyer.
If the consumer asserts rights under the statutory warranty, complaints should be submitted in accordance with the complaint procedure described in Chapter VII.Sold goods may be covered by a manufacturer's, importer's, or distributor's guarantee. Guarantee rights should be exercised in accordance with the terms and conditions set out in the guarantee document.
The buyer may exercise guarantee rights independently of the rights resulting from the statutory warranty for physical defects of the item.
The Buyer is obliged to collect the ordered shipment.
The Buyer consents to receive VAT invoices and correcting invoices in electronic form - as files in pdf format - to the email address indicated in the placed order.
The Online Store has the right to organize promotional campaigns and sales. Detailed conditions of these campaigns are each time determined by regulations placed on the store's website. A limited number of goods is intended for sale in promotional campaigns and sales. Orders are processed according to the order of their receipt by the Online Store, until the stocks covered by the given promotional campaign or sale are exhausted. Individual promotional campaigns and sales in the Online Store do not combine unless the regulations of a given promotional campaign or sale state otherwise.
X. PERSONAL DATA PROTECTION
Principles of personal data protection are included in the Privacy Policy.
XI. SPECIFIC PROVISIONS RELATED TO THE PROVISION OF ELECTRONIC SERVICES BY THE ONLINE STORE
Regarding services provided electronically by the Online Store, these Regulations constitute the regulations for the provision of electronic services within the meaning of Art. 8 section 1 of the Act of July 18, 2002, on providing services by electronic means.
The Online Store provides service recipients with these Regulations free of charge before concluding an agreement for the provision of electronic services, also in such a way that enables the acquisition, reproduction, and recording of the content of the Regulations using the ICT system used by service recipients. In particular, service recipients can download the Regulations from the Online Store website as an html file, save the Regulations on their storage media, and print it in any number of copies without any restrictions.
The types and scope of services provided electronically by the Online Store are as follows:
concluding online sales agreements – regarding goods sold by the Online Store,
sending e-mail messages in which the Online Store confirms receipt of the order, possible receipt of payment, acceptance of the order for processing, the course of order processing, requests for issuing opinions, comments, and ratings,
newsletter – subscribing to the recipient list is voluntary,
adding opinions, comments, and ratings – the buyer can add an opinion or comment to their transaction.
The conditions for providing electronic services, and in particular the technical requirements necessary for cooperation with the ICT system used by the Online Store are as follows:
connection to the Internet,
web browser enabling the display of hypertext documents (HTML) on the terminal equipment screen,
e-mail address.
It is prohibited for service recipients to provide unlawful content.
Conditions and mode of concluding agreements for the provision of electronic services:
in terms of the online sales agreement and the agreement for the provision of the e-mail sending service, in which the Online Store confirms receipt of the order, possible receipt of payment, acceptance of the order for processing, the course of order processing, requests for issuing opinions, comments, and ratings - have been specified in Chapter III of the Regulations,
in terms of the "newsletter" service, the agreement is concluded upon the service recipient subscribing to the recipient list,
in terms of the service of adding opinions, comments, and ratings, the agreement is concluded upon their addition by the service recipient.
The conditions for terminating online sales agreements are determined by absolute binding legal provisions. In the case of an agreement for the provision of the e-mail sending service, in which the Online Store confirms receipt of the order, possible receipt of payment, acceptance of the order for processing, the course of order processing, requests for issuing opinions, comments, and ratings, the "newsletter" service, and the service of adding opinions, comments, and ratings, the service recipient may terminate the agreement for the provision of electronic service at any time with immediate effect by informing the Online Store via e-mail.
The Customer may terminate the agreement for the provision of electronic services at any time.
The Store Owner may terminate the agreement for the provision of electronic services if the Customer has shown no activity in the Store, in particular, has not placed an order or logged into the Customer Account within 2 years from the last activity.
Termination of the agreement by either party, as well as its dissolution by mutual consent, is tantamount to blocking the Customer's access to the Customer Account and its removal.
The Store Owner may terminate the agreement for the provision of electronic services if:
a.the purpose of registration or the method of using the services is obviously contrary to the principles and purpose of the Store's operation,
b.the Customer's activity is contrary to applicable moral norms, calls for violence or committing a crime, and also if it violates the rights of third parties,
c.received official notification of the unlawful nature of the provided data or related activity,
d.obtained reliable information about the unlawful nature of the provided data or related activity and previously notified the Customer of the intention to prevent access to the Customer Account,
e.the Customer engages in sending unsolicited commercial information,
f.the Customer grossly or persistently violates the provisions of the Regulations,
g.address data provided by the Customer raise objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed through telephone contact or via e-mail.
By objectively justified doubts referred to in section 11 lit. g., it should be understood in particular providing a non-existent town, providing the name of a non-existent street in a given town, providing fictitious data as the recipient's name.
The Online Store hereby specifies the complaint handling procedure regarding services provided electronically:
Service recipients have the right to submit complaints in matters regarding services provided electronically by the Online Store,
A complaint may be sent by e-mail to the address reklamacje'at'najlepszeferomony.pl or submitted in writing to the address of the registered office of the entrepreneur running the Online Store.
The complaint should contain the designation of the service recipient and indication of the circumstances justifying its submission.
The Online Store will make every effort to ensure that complaints are considered without undue delay.
The Online Store will notify the service recipient of the acceptance or refusal to accept the complaint immediately after its consideration.
The Online Store informs that using services provided electronically via the Internet involves risk. The basic threat to every Internet user, including persons using services provided electronically, is the possibility of "infecting" the ICT system by various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses". To avoid the risks associated with this, it is important that the Service Recipient equips their equipment, which they use to connect to the Internet, with an antivirus program and constantly updates it by installing its latest versions.
The Online Store informs that it introduces the following data, not being a component of the content of the service provided electronically, into the IT system used by the service recipient:
Cookies - these are short text files containing information, saved in the buyer's IT system (i.e., on the terminal equipment from which the connection to the Online Store was made), readable by the Online Store. These files allow for the subsequent identification of the buyer in the event of a reconnection of the buyer from the terminal equipment on which they were saved. Cookies are used by the Online Store for the following purposes: to facilitate the Buyer's use of the Online Store's resources, to adapt the appearance of the Online Store to the expectations and needs of a specific buyer (so-called personalization), to monitor traffic on the Online Store's pages, including comparing the frequency of use of specific resources by buyers and for marketing purposes. The buyer has the right to disable "cookies" at any time. Disabling "cookies" is possible in the buyer's browser.
The Online Store sends the buyer e-mails in which it confirms receipt of the order, possible receipt of payment, acceptance of the order for processing, and the course of order processing.
XII. FINAL PROVISIONS
The Online Store ensures that the currently binding Regulations and their archival versions are available on the website at any time.
In the event of a change to the Regulations, orders placed before the date of introduction of changes are processed based on the provisions of the Regulations in force on the day the order was placed.
The Regulations and sales agreements are subject to Polish law.
The Annex to the Regulations constitutes its integral part.
Any disputes arising under the Regulations or sales agreements will be settled by the competent common court, and if the buyer is not a consumer – the common court having local jurisdiction over the registered office of the Online Store.
The Regulations constitute a work within the meaning of the Act on Copyright and Related Rights and are subject to copyright protection; their unlawful reproduction is prohibited.
