These Terms and Conditions establish the rules governing the use of the Internet Store run by the Seller at www.dynks.eu.
The Seller and the owner of the Store is Marta Osowiecka, pursuing a business activity under the business name DYNKS Marta Osowiecka, address: ul. Lelechowska 12 lok. 16, 02-351 Warsaw, on the basis of an entry in the Central Registration and Information on Business (CEIDG), Tax Identification Number NIP: 7010873503, National Business Registry Number REGON 381515000.
Contact and mode of communication between the Seller and Customer:
- via e-mail: email@example.com
- via mail: ul. Lelechowska 12 lok 16, 02-51 Warsaw
- via phone: +48 691 468 016 (on Business Days from 9.00 a.m. to 3.00 p.m.)
|Account||a service provided by electronic means; a modifiable element of the Store, created upon completion of the Registration procedure by the Customer, in which information of and on the Customer and documentation related to his/her Orders are stored|
|Authorisation||a third-party service which enables creation of and access to the Account, e.g. through social networks such as, to name a few: Facebook or Google|
|Business Days||days of the week from Monday to Friday (except for statutory holidays in the Republic of Poland)|
|Cart||a service provided by electronic means; a form constituting an integral part of the Store shopping system, in which the Customer indicates and confirms the object and terms and conditions of an Order|
|Consumer||a natural person performing a legal transaction which is not directly related to the business or professional activity of such person, with the entrepreneur|
|Customer||an entity with full capacity to perform acts in law using the services provided by the Store or concluding a Sales Agreement with the Seller|
|a website available at www.dynks.eu, through which the Customer may in particular place an Order for available Products|
|Order||a declaration of Customer’s intent which directly results in conclusion of a Sales Agreement, stating relevant conditions of the Agreement, filed by means of the Cart function; Orders may be placed by electronic means through the Store’s sale system, 24 h a day, 7 days a week, 365 days a year, with a proviso that they are processed on Business Days from 9.00 a.m. to 3.00 p.m.|
|Order Processing Time||time, in which an order is picked and then released to a carrier in order to deliver the Product to the address indicated by the Customer; The Order Processing Time does not cover the delivery time|
|Personalised Product||a Product which may be modified or adjusted by the Customer to his/her own needs or prepared upon special Order of the Customer, according to his/her preferences|
|Product||handmade bags, backpacks, laptop cases or other products available in the Online Store, which may constitute the object of a Sales Agreement; relevant and specific properties of each Product are presented on a relevant, dedicated subpage of the Store|
|a service provided by electronic means; a procedure completed by the Customer in order to create the Account and possibly to place an Order and make use of certain functions of the Online Store|
|Sales Agreement||a Product sales agreement within the meaning of the Act of 23 April 1964—the Polish Civil Code, concluded between the Seller and the Customer by means of the Store’s sale system in accordance with the provisions of these Terms and Conditions;|
|Terms and Conditions||these terms and conditions of the Online Store; The Terms and Conditions are rendered available free of charge prior to the conclusion of agreements on the website of the Online Store, as well as—upon Customer’s request—in a way which enables the Customer to obtain, copy and record the content of the Terms and Conditions by means of a teleinformatic system.|
1. GENERAL PROVISIONS
- These Terms and Conditions establish the rules governing the use of the Store, in particular the terms and conditions of using services by electronic means, placing and modifying Orders, filing complaints, making payments and other rights and obligations of the Customer and the Seller.
- Any person willing to use the Store must become acquainted with these Terms and Conditions first. Any person who fails to read the Terms and Conditions may not use the Store.
- Information included in the Store does not constitute an offer within the meaning of the Act of 23 April 1964—the Polish Civil Code, but an invitation to place offers by the Customers.
- The Customer is not allowed to provide any content of unlawful nature and use the Store in a way which hinders or prevents its operation.
- The agreements are concluded in accordance with Polish law, with a proviso that such choice may not result in a Consumer being deprived of the protection resulting from mandatory provisions of the law applicable in the Consumer’s country of habitual residence.
2.ACCOUNT AND OTHER SERVICES PROVIDED BY ELECTRONIC MEANS
- The Store provides Customers with free of charge services provided by electronic means through functionalities of the Store, i.e.: interactive forms, in this the Registration and contact form, Customer’s Account and Cart.
- Each of the agreements for provision of services by electronic means may be terminated by the Customer at any time without providing reasons, in the manner as specified here or in further provisions of the Terms and Conditions. The agreements for provision of services by electronic means which consist in the use of form functionalities are concluded for a limited period of time and are dissolved upon sending the form content to the Seller or Store or upon ceasing to use them. The Customer may also resign from the services rendered by means of interactive forms by refraining from using such services.
- In order to set up the Account and gain the status of registered Customer, a user has to first complete the Registration procedure.
- The Customer completes the Registration procedure via an interactive form available in the Store or by means of Authentication. The Customer is obliged to provide his/her true and up-to-date details and maintain them so the entire time he/she holds the Account. Instead of filling in the form, the Customer may also undergo the Authentication procedure.
- Upon confirmation of completion of the Registration procedure sent by the Seller to the Customer’s e-mail address or upon completion of the Authentication, an agreement for provision of the Account operation service by electronic means is concluded between the Customer and the Seller for an unlimited period of time.
- The Customer may terminate the agreement for operating the Account at any time with immediate effect, by sending a relevant declaration of intent to the Seller. Termination becomes effective upon receipt of such declaration by the Seller.
- In the course of the Registration the Customer sets a password, which then enables him/her to access the Account. The Customer is obliged to protect the password and may not reveal it to third persons. The Account is non-transferable. Instead of entering the password, the Customer may also carry out the Authentication procedure.
- The Customer is obliged to update the Account details necessary to execute the Order.
3. ORDER AND SALES AGREEMENT
- Orders may be placed by the Customers who have the status of registered and unregistered user of the Store. A non-registered Customer places an Order avoiding the Registration and log-in procedure.
- The provisions of this section 3 of the Terms and Conditions also applies to Personalised Products, insofar as section 4 of the Terms and Conditions (dedicated to Personalised Products) states otherwise.
- The Customer prepares an Order by virtually adding Products to the Cart. As a result of an effective addition of Products, the number of Products in the Order list is changed. The Order list may be modified in any way, also from the Cart level.
- Upon confirmation of selected Products, the Customer indicates in the Order form the payment method, delivery details, as well as contact details or confirms them upon logging in to the Account. Having completed the Order, the Customer confirms it and sends it to the Seller by activating the “Confirm purchase” button.
- In the course of placing an Order, until activating the button “Confirm purchase”, the Customer may identify and correct errors in the Order and to modify it through the Store sale system.
- After that, the Customer may change the Order, in particular he/she may correct errors in the entered data, until posting the Product through direct and immediate (via phone or e-mail) contact with the Seller.
- While placing the Order, the Customer makes the Seller an offer to conclude a Sales Agreement concerning the Products being the object of the Order. Sales Agreement, except for Sales Agreements related to Personalised Products, are concluded by acceptance of the said offer by the Seller upon receipt by the Customer of the confirmation of acceptance of the Order for execution by the Seller.
- A Sales Agreement may only be concluded if (a) the Customer makes the relevant payment, (b) there is no error in the Store related to the Product price. If the Customer pays the price but the condition precedent related to error is not met, then the payment is undue and the Seller will reimburse it to the Customer immediately upon crediting it on the bank account, but no later than within one Business Day.
- The concluded Sales Agreement is recorded, secured and made available through the Store’s sale system and is sent to the Customer’s e-mail address or in writing to the address indicated by the Customer in the Order. The Customer who placed an Order receives a digital document confirming conclusion of the Agreement along with its content.
- The Order Processing Time is maximum 2 (two) Business Days, and in the case of Personalised Products the Order Processing Time is indicated by the Seller in response to the Order. The Order execution is initiated upon making the electronic payment via the online payment system—upon receipt of the confirmation from a payment provider by the Seller.
4. PERSONALISED PRODUCTS
- In order to buy a Personalised Product the Customer contacts the Seller by electronic means, in particular by writing to firstname.lastname@example.org. Having determined individual features and details of workmanship referring to the Personalised Product, the Customer provides the Seller with delivery and contact details and selects the payment method. The foregoing constitutes an Order for a Personalised Product.
- In response to the Order, the Seller confirms the Order Processing Time and provides data for payment or provides a link to payments and sends a summary of the Order.
- After that, the Customer may change the Order, in particular he/she may correct errors in the entered data, until the Seller proceeds to work over the Personalised Product, through direct and immediate (via phone or e-mail) contact with the Seller.
- While placing the Order, the Customer makes the Seller an offer to conclude a Sales Agreement concerning the Personalised Products. The Sales Agreement is concluded by acceptance by the Seller of the said offer, upon receipt by the Customer of the confirmation that the Order was accepted by the Seller for execution.
- Personalisation of a Product may not, in particular, consist in labelling Products with any names, expressions or slogans: a/ which are owned by an entity other than the Seller, b/ which infringe or may infringe the rights to trade marks, other intellectual property rights of third persons or personal interests, c/ which are a pseudonym or name of a well-known person, d/ which are of vulgar, obscene, pornographic, discriminating or defamatory nature, or incite violence or otherwise are contrary to the law or good manners.
5. PRICES AND PAYMENT
- The prices provided on the Store pages are gross prices (including any taxes), are expressed in PLN and do not include delivery costs. The total amount of the Order is calculated according to the choices made by the Customer in the Order form or as part of arrangements related to the Personalised Product, in compliance with the rates indicated in the Order.
- The binding total price is communicated to the Customer:
- for Products—in the Order summary upon sending it to the Seller;
- for Personalised Products—in the Order summary sent by the Seller to the Customer.
- The Customer may choose one of the following payment methods: (a) a wire transfer to the Seller’s bank account; (b) a wire transfer through an external payment system PayPal operated by PayPal s.a.r.l. with its registered office in Luxembourg, (c) a wire transfer through an external payment system PayU operated by PayU S.A. with its registered office in Poznań.
- For each sold Product a bill of sale is issued in the form of a bill or invoice, upon request of the Customer. The accounting document constitutes the confirmation of relevant elements of the placed Order.
- The prices and costs provided in the Store may be changed (by virtue of a special offer or sales of Products, or change of prices by the producer or carrier). The terms and conditions pertaining to the Order may not be changed with regard to the Customer who placed an offer in the manner prescribed above prior to a change of prices.
- Depending on the destination of the Order delivery, an additional custom duty may be charged. Its amount depends on the provisions applicable in the respective country. Any costs connected with custom duties are to be borne by the Customer.
- Orders are delivered by means of a courier mail company (everywhere) or the Polish Post Office (Poczta Polska) (available all over the world, excluding Poland . Delivery via courier mail company on the territory of Poland and via Polish Post Office to other countries is free.
- Postal cost are calculated on the basis of prices of delivery as indicated in the Order form or, for a Personalised Product, in the Order. The Customer gives the consent to be charged with delivery costs.
- The Product will only be sent upon payment of the amount due for the Order.
- The Order delivery time:
- within Poland is maximum: a / courier mail company 1-3 working days,
- and to other EU states maximum a/ Polish Post Office 7-10 working days, b/ courier mail company 2-6 working days,
- while in the case of third countries a/ Polish Post Office 10 working days – 8 weeks, b/ courier mail company 1-9 working days, calculated from the end of the Order Processing Time.
- If prior to release of the dispatch it turns out that it has incurred any shortage or damage, then the carrier is obliged to immediately establish the condition of the dispatch and the circumstances of the damage in a report. The carrier should carry out the said actions also upon request of the Customer if he/she claims that the dispatch is broken. The risk of incidental loss of or damage to the Product is transferred to the Customer upon delivering the Product to him/her.
- The Seller is obliged to deliver the Product free from defects to the Customer. The Seller is liable against the Consumer if the Product has a physical or legal defect (warranty). If the Product is defective, then the Consumer may file a declaration on reducing the price or withdrawing from the Sales Agreement, or demand that the defective Product be replaced with one free from defects or the defect be removed.
- Warranty is available to the Consumers only. The Parties, the Customer not being a Consumer and the Seller exclude the warranty for defects against each other.
- Complaints on account of warranty should be sent to: Lelechowska 12/16, 02-351 Warsaw or to the e-mail address email@example.com. In order to facilitate the complaint procedure, the complained Product should be delivered along with the proof of purchase and complaint notice (i.e. indication of a person filing the complaint, request to handle the complaint with suggested method and indication of the Product defect).
- The Seller considers the Consumer’s claim within 14 (fourteen) days. The Seller notifies the Customer on the consideration of the complaint and its result in a letter sent to the address indicated by the Customer in the complaint.
- The complaint procedure refers accordingly to the services provided by electronic means by the Seller. Complaints referring to services provided by electronic means may also be sent to the Seller’s e-mail address: firstname.lastname@example.org.
- A Consumer who has concluded a remote agreement may withdraw from such agreement without providing reasons, by filing a relevant declaration in writing within 14 (fourteen) days of: (a) in the case of a Sales Agreement—the date on which the Product was taken in the possession by the Consumer or a third person indicated by him/her other than a carrier; (b) in the case of other agreements—the date of conclusion of the agreement.
- If the Consumer files the declaration on withdrawing from the agreement before the Seller accepts his/her offer, then the offer ceases to be effective.
- In order to comply with this term, it suffices to send the relevant declaration prior to the lapse of such term. The Customer may use the template of the declaration on withdrawing from the agreement as attached to these Terms and Conditions and enclosed to the Order. It is obligatory for the Customer to use this template.
- In the case of withdrawing from the Agreement, the Seller returns to the Consumer any received payments, including the costs of delivery of the objects (with the exclusion of additional costs resulting from the mode of delivery selected by the Consumer other than the cheapest, ordinary delivery mode offered by the Store), immediately, and in each case no later than 14 (fourteen) days of the date on which the Seller was notified on the decision on exercising the right to withdraw from the Agreement.
- The Consumer is obliged to return the Product to the Seller immediately, but no later than 14 (fourteen) days of the date of withdrawing from the agreement. In order to comply with the term, it suffices to send the Product back prior to the lapse of such term.
- The Consumer is liable for reducing the value of the Product resulting from using it in a way beyond necessary for determining the nature, features and operation of the Product.
- The Customer does not enjoy the right to withdraw from an agreement in relation to the agreements mentioned in Article 38 of the Act on consumers’ rights of 30 May 2014, in particular to agreements whose subject matter include non-prefabricated products produced according to specification of a Consumer or serving to satisfy his/her individual needs (Personalised Product).
- Direct costs of sending the Product back to the Seller in the case of withdrawing from the remote agreement are charged to the Consumer.
The rules regulating the receipt of and resignation from the newsletter service are prescribed in the Terms of Newsletter Service available here.
9. AMENDMENT TO THE TERMS AND CONDITIONS
- The Seller may amend these Terms and Conditions due to material reasons, whether legal (change of generally applicable legal provisions related to Sellers’ activity or change of the Seller’s business form) or technical (modernization of the Store infrastructure, change of the Store operation mode).
- Registered Customers are notified on any amendment to these Terms and Conditions along with justification by an e-mail sent 7 (seven) days before the effective date of the new wording of the Terms and Conditions. Unregistered Customers are notified on this fact in a message displayed on the Store’s homepage 7 (seven) days before the effective date of the new Terms and Conditions. In this time the Customer must accept the Terms and Conditions again or refuse to accept them.
- Any Orders placed prior to the effective date of an amendment to the Terms and Conditions are processed in accordance with the content of the Terms and Conditions as applicable at that date.
10. SPECIFIC PROVISIONS
- Customers who are not Consumers are subject to the following provisions: (a) the Seller is not liable for any damage caused to the Customer by unintentional fault, whereby Seller’s liability is limited to actual losses incurred by the Customer, (b) the rights and obligations resulting from the Terms and Conditions are governed exclusively by Polish law, (c) any dispute arising between the Seller and the Customer will be referred to the court with the jurisdiction over Seller’s registered office.
11. FINAL PROVISIONS
- Customer’s obligations resulting from the Sales Agreement are satisfied upon payment for the Product and delivery and collection of the Product carried out in accordance with the Order.
- Any materials, including graphic elements, layout of such elements, trademarks and other, available in the Store are the object of exclusive rights, in particular they constitute the object of protection under copyrights and industrial property rights. Any use of the materials shared in the Store in any form each time requires consent of the Seller.
- A Consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which a Consumer may refer for dispute settlement within the frames of ADR is available here.
- A consumer may also take advantage of out-of-court means of considering complaints and seeking claims by submitting his/her complaint through the EU ODR online platform available here.
- If the Customer resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms and Conditions or Sales Agreements are settled by a common court with the jurisdiction determined with the use of the rules as prescribed by a legal act applicable to the Customer being the Consumer.
These Terms and Conditions shall come into effect as of: 16.11.2018