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Regulations of the Districhem.eu online store

1. GENERAL PROVISIONS

1. The Districhem.eu online store, operating at: https://districhem.eu, is run by NANOBIZ.PL Sp. z o. o., based at: ul. Perla 10/5, 41-300 Dąbrowa Górnicza, operating under the NIP number: 952 203 14 41, National Court Register: 0000287517

2. These Regulations of the Online Store specify the rules for making purchases in the Districhem.eu online store, and in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.

3. In the scope of Services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).

4. The Regulations are addressed to all customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase.

5. Each Customer is obliged to comply with the provisions of the Regulations. The sale is based on the version of the Regulations in force at the time of placing the order.

6. Each Customer can read the Regulations at any time by clicking on the Store's website https://districhem.eu in the hyperlink "Store Regulations". The Regulations can be downloaded and printed at any time.

2. DEFINITIONS

Terms of Use – this set of regulations organizing the rules for using the Store Services by Customers.

Consumer (contracts concluded before January 1, 2021) - a natural person concluding a civil law contract through the Store, not directly related to its business or professional activity.

Consumer (contracts concluded from January 1, 2021) - the Consumer is considered to be the following persons:

– a natural person concluding a civil law contract through the Store, not directly related to its business or professional activity – the so-called "Consumer in the strict sense"

and

– a natural person concluding a civil law contract via the Store, directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity - the so-called "Entrepreneur with Consumer rights". For the purposes of these Regulations, it is assumed that if the two groups of entities are not distinguished, the Regulations apply to both Consumers in the strict sense and Entrepreneurs with Consumer rights

Klient – a natural person (including a Consumer) who is at least 13 years old (provided that they have obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, the special provisions of which grant legal capacity, which uses the Services provided by the Store.

The order form – A service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Basket and specifying some terms and conditions of the Sales Agreement, e.g. method of delivery and payment.

Cart – an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the option of determining and modifying the Order data, including the quantity of Products purchased

Shop – a website belonging to the Seller, available under the domain: https://districhem.eu, through which the Customer can purchase Goods from the Seller.

Dealer - NANOBIZ.PL Sp. z o. o. with its registered office at: ul. Perla 10/5, 41-300 Dabrowa Górnicza, operating under the NIP number: 952 203 14 41, National Court Register: 0000287517, who, while conducting gainful or professional activity, proposes sales via its website.

Commodity – a movable item that is traded between the Store and the Customer, whose terms of sale are specified in the Order Form

Sales agreement – distance sale agreement for Goods concluded by the Customer via the Store, usually via the Order Form.

3. RECEIVING AND EXECUTION OF ORDERS

1. The condition for using the Store is to read these Regulations and accept them. By placing an order, the Customer accepts the content of the Regulations.

2. Orders from customers are accepted using the Order Form sent via the website: https://districhem.eu or by e-mail to the address sklep@districhem.eu, 7 days a week, 24 hours a day.

3. Ordering Goods is carried out by selecting the Goods in which the Customer is interested, clicking the "ADD TO CART" button located next to the description of the Goods, and then, from the "CART" level in the Store tab, completing the Order Form, including choose the form of delivery and payment or choose the cash on delivery option, if it is available for the selected Good, and then click the purchase confirmation.

4. Entrepreneurs recognized as so-called Entrepreneurs with consumer rights (see: the definition of "Consumer" in these Regulations), concluding contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.

5. After placing the order, the Customer receives a confirmation of the order to his e-mail address provided in the Order Form.

6. After the Customer receives confirmation of acceptance of the offer, the process of order fulfillment by the Seller begins, however:

a. in the case of placing an order paid by a traditional bank transfer - it begins after the payment for the placed order is credited to the Store's bank account.

b. in the case of placing an order paid by online payment via the Przelewy24 payment platform - begins after the payment for the placed order is credited to the Przelewy24 payment platform.

7. Orders placed in the Store are processed during the Store's working hours (on working days, from Monday to Friday, from 8:00 to 18:00. Orders placed on working days after 18:00, on Saturdays, Sundays or holidays will be processed the next business day.

8. The customer will receive a message about the acceptance of the order for execution, which is understood as the Seller's statement about the acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.

9. A VAT receipt is issued for each order. At the Customer's request, a VAT invoice will also be sent.

10. The available means of communication between the Customer and the Store are:

  • E-mail – sklep@districhem.eu
  • Correspondence address - ul. Perla 10/5, 41-300 Dabrowa Górnicza

11. The price specified in the order is the total value that the Customer is obliged to pay (gross price).

12. The Seller reserves the right to change the prices in the Store, introduce new Goods for sale, carry out and cancel promotional campaigns, or make changes to them, in accordance with applicable law.

13. If the Consumer is obliged to pay more than the agreed price described in the previous paragraph, the Store shall immediately inform the Consumer about this fact, explaining the reason for the price difference. The Consumer will be charged with additional costs only after obtaining the Consumer's express consent.

4. DELIVERY AND TRANSPORT COSTS

1. The order is shipped via:

  • courier

2. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and holidays will be processed on the next business day.

3. Order processing time is 1 to 2 working days. The delivery time is 1 to 2 business days.

4. The seller is not responsible for delays caused by the fault of the carrier.

5. When collecting the shipment delivered by the courier, the Customer should carefully check the contents and completeness of the shipment, the condition of the outer packaging and the condition of the ordered Goods in his presence. In the event of damage to the shipment, the Customer should draw up a damage report together with the courier, in two identical copies signed by the Customer and the courier.

5. PAYMENT PROCESSING

1. As part of the operation of the Store, the following payment methods are possible:

  • by bank transfer, to the bank account number – 63 1160 2202 0000 0001 0098 3848
  • online payment via the Przelewy24 payment platform
  • payment by payment cards - The operator of payment cards is PayPro SA Agent Rozliczczeń, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda in Poznań, 0000347935th Commercial Division of the National Court Register under the number KRS 7792369887, NIP 301345068, REGON XNUMX.
 

2. The customer who has chosen the option of payment by bank transfer is obliged to pay the fee for the placed order within five (5) business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the payment title, it is enough to enter only the order number. It is possible to extend the payment deadline, after informing the Store staff of this fact.

6. COMPLAINT

1. The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in art. 556 and subsequent acts of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).

2. The physical defect of the Goods consists in the non-compliance of the sold Goods with the contract, which occurs when:

  • The goods do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or intended use;
  • The goods do not have the properties that the Seller provided to the Customer;
  • The goods are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a purpose;
  • The goods were delivered to the Customer incomplete.

3. A legal defect of the Good occurs when the Good is owned by a third party or is encumbered with the right of a third party, when the restriction in use or disposal results from a decision or judgment of a competent authority.

4. In the case of the Consumer, public assurances of the manufacturer or entity that introduces the Goods to the market in the scope of its business activity or that presents itself as the manufacturer are treated on an equal footing with the Seller's assurance. However, the Seller is not responsible if he did not know these assurances or could not have known them, or when these assurances could not affect the Consumer's decision to conclude a sales contract, and also when the content of these assurances was corrected before the conclusion of the sales contract.

5. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.

6. In the case of a Consumer, when a physical defect was found within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of delivery of the Goods.

7. If the buyer is a Consumer and the physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time when the danger passed to the buyer.

8. If the Goods have a defect, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free Goods or remove the defect.

9. If the Goods have a defect, the Customer may also request replacement of the item with a defect-free one or removal of the defect.

10. The Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the Goods with defect-free ones, or instead of replacing the Goods, demand removal of the defect, unless bringing the Goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the way proposed by the Seller.

11. The customer may not withdraw from the contract if the defect is insignificant.

12. Complaints regarding the Goods may be submitted:

  • in writing, to the address of the Seller's registered office;
  • by e-mail, to the e-mail address indicated in the order confirmation.

13. A complaint should contain:

  • data of the person submitting the complaint (name and surname, mailing address, optionally - e-mail address and contact telephone number);
  • indication of the reason for the complaint and the content of the request;
  • indication of the reason for the complaint and the content of the request;
  • the Order number in the confirmation of acceptance of the Order;
  • the original or a copy of the proof of purchase (e.g. receipt or invoice) may facilitate filing a complaint, but it is not necessary to submit it.

14. The Customer, exercising the rights resulting from the warranty, will deliver the defective Goods, at the expense of the Seller, to the following address: ul. Perla 10/5, 41-300 Dabrowa Górnicza.

15. The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.

16. If the complaint is justified, the Seller undertakes to replace the defective Goods with ones free from defects or to remove the defect within fourteen (14) days from the date of submitting the complaint by the Customer.

17. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days from the date of receipt of the withdrawal from the contract, with the proviso that the refund will not take place until the Goods are returned or the Customer provides proof of its return .

18. If the Consumer demanded replacement of the item or removal of the defect or made a price reduction statement, specifying the amount by which the price is to be reduced, and the seller did not respond to this request within fourteen (14) days, it is considered that the request was accepted considered justified.

19. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year (1), counting from the date of finding the defect. In the case of a Consumer, the limitation period cannot end before the expiry of two (2) years.

20. The above provisions do not exclude the possibility of granting a guarantee by the Seller for the purchased Goods, which is provided for in separate guarantee regulations.

7. RIGHT OF WITHDRAWAL

1. Pursuant to the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract for the sale of Goods purchased in the Store without giving a reason, by submitting an appropriate statement in writing, within fourteen (14) days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). To meet this deadline by the Consumer, it is enough to send a statement before its expiry.

2. The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. The template of the declaration is attached as Appendix 1 to these Regulations.

3. A statement of withdrawal from the contract should be sent to the e-mail address: shop@districhem.eu

4. The Consumer will return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the Goods before its expiry.

5. The return of the Goods should be made to the Seller's address: st. Perla 10/5, 41-300 Dabrowa Górnicza

6. The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivering the Goods, but the refund will not take place until the Goods are returned or delivered by the Consumer proof of sending it back.

7. The Seller will refund the payment using the same method of payment as used by the Consumer.

8. The consumer bears the costs of returning the Goods to the Seller.

9. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:

  • in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
  • in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
  • in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
  • in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
  • in which the subject of the service are sound or visual recordings or computer programs 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;
  • in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
  • for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract;

10. The right to withdraw from a distance contract is not entitled to an entity other than the Consumer, as defined for the purposes of these Regulations (see: definition of "Consumer")

8. OUT OF COURT RESOLUTION

1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use i.a. With:

  • Mediation conducted by the competent Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  • Assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
  • Free assistance of the municipal or poviat consumer ombudsman.
  • Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

2. This chapter entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Regulations as Consumers, the so-called "Entrepreneurs with consumer rights", which entered into force for contracts concluded from January 1, 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the so-called the Consumer category in the strict sense.

9. PROTECTION OF PERSONAL DATA

1. By placing orders, the customer agrees to the processing of personal data provided by him for the purpose of order fulfillment and service by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation ), OJ L 119, May 4.5.2016, 1, pp. 88–XNUMX.

2. The administrator of personal data provided by the Customer when using the Store is the Seller.

3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the implementation of the Sales Agreement.

4. The customer, in accordance with art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation ), OJ L 119, 4.5.2016, p. 1–88 has the right to access his personal data, may request their correction or removal. The Seller provides each Customer with the right to control the processed personal data.

5. Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.

6. Detailed information on personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.

10. FINAL PROVISIONS

1. The Regulations define the rules for the conclusion and performance of the Agreement for the sale of Goods on the Store's website.

2. The sales contract is concluded between the Customer and the Seller.

3. The Regulations are available to all Customers in an electronic version on the Store's website https://districhem.eu

4. To be able to use the Store's Services, it is necessary to have devices that allow access to the Internet and a web browser that allows you to display websites, as well as provide an e-mail address that allows you to send information regarding the execution of the order.

5. It is forbidden for all persons, including Customers, to post unlawful content on the Store's website.

6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.

7. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting consumers rights, priority shall be given to these provisions.

8. In the event that any of the provisions of these Regulations are or are to become invalid or ineffective, the validity of the entire Regulations in the remaining part remains unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another one that best reflects the intended economic purpose. Accordingly, this also applies to any gaps in the Regulations.