Terms and Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

https://decant.pl/

Dear Customers, in order to ensure the quality of the services provided by the decant.pl Online Shop, we have prepared these Terms and Conditions of Use of the Online Shop, hereinafter referred to as the “Terms and Conditions”. These Terms and Conditions have been drawn up in accordance with the provisions of the Act of 30 May 2014 on consumer rights, the Act of 18 July 2002 on the provision of electronic services, the Civil Code, and the General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016. These Terms and Conditions take into account the latest amendments to consumer law, which came into force on 1 January 2023. Among other things, this document will familiarise you with the rules governing registration, placing Orders, complaints and returns – as applied by us as a trader. We invite you to read the Terms and Conditions and to accept them in full knowledge of the facts.

§1 GLOSSARY OF TERMS USED IN THE TERMS AND CONDITIONS

The following terms are used in these Terms and Conditions and should be understood as follows:

a. Data Controller– the body, organisational unit, entity or person determining the purposes and means of processing personal data, as defined in the General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016.

b. Email address– the email address of the Online Shop,i.e. sklep@decant.pl

c. Address of the warehouse for the dispatch of returned or disputed products – decant.pl Konrad Dróżdż, ul. I. Łukasiewicza 7, 25-663 Kielce.

d. Customer– a natural person, a legal person or an organisational unit that is not a legal person but is granted legal capacity under specific provisions, placing or intending to place an Order in the Online Shop.

e. Consumer – a natural person entering into a contract with the Seller, the subject of which is not directly related to their business or professional activity (consumer), or a natural person entering into a contract directly related to their business activity, provided that the content of such contract indicates that it is not of a professional nature (entrepreneur acting as a consumer).

f. Shopping Basket– a section of the Online Shop made available to the Customer within the IT infrastructure, where the Customer can collect the necessary information regarding their current purchases and the details of the Order being placed.

g. Notification– an email sent to the Customer’s email address provided when completing the Order Form in the Online Shop, containing specific information.

h. Product– a movable item (goods) available in the Online Shop’s range, which is the subject of the Sales Contract between the Customer and the Seller.

i. Online Shop– the shop located at the domain address http://decant.pl/, operated by the Seller, where Customers may, via the Internet (electronically) and within the Seller’s IT infrastructure, purchase Products available in the Seller’s range.

j. Seller– the business entitydecant.pl Konrad Dróżdż, with its registered office at Bedlenko 8a, 26-200 Końskie, VAT No. 6581934083, Regon 260748955, tel: 516664144.

k. SalesAgreement– an agreement concluded electronically between the Seller and the Customer, the subject of which is the purchase of Products available in the Online Shop’s range.

l. Order– a declaration of intent by the Customer, aimed directly at concluding a Sales Agreement, in which the Customer specifies the details of the Order using the Order form.

§2 PRELIMINARY PROVISIONS

1. The Seller is the controller of the personal data provided by the Customer as a result of using the Online Shop.

2. Essential information regarding the rules relating to the protection of personal data processed by the Data Controller can be found in the Privacy Policy available on the Store’s website.

3. The Seller informs the Customer of the prices of individual Products, expressing them in Polish zlotys (gross).

4. The moment the Customer clicks the ‘Order with obligation to pay’ button located in the interactive Order form constitutes the submission of the Order. The moment the Sales Contract is concluded is the moment the notification of Order acceptance (In preparation) is received. It is upon receipt of this Notification that the Sales Contract is concluded between the Seller and the Customer. 

5. In order to use the Online Shop, place orders for Products and conclude Sales Agreements, the following are required: a device with internet access and a web browser, a keyboard or other pointing device enabling the correct completion of electronic forms, which is necessary for the proper placement of an Order, an active email account, cookies enabled, and an active contact telephone number.

§3. CUSTOMER ACCOUNT REGISTRATION

1. Placing orders in the Online Shop is possible both after prior registration of a Customer Account and without the need for registration via the Quick Buys option.

2. When completing the Order form in the LOGIN tab, the customer has the option to register an Individual Customer Account or choose Quick Checkout without registration.Registration of a Customer Account, as well as its maintenance, is completely free of charge.

3. You can register a Customer Account by entering your email address and clicking the “REGISTER” button. After clicking this button, you will be prompted to complete an interactive registration form.

4. As part of this form, the Customer will be asked to enter personal details, i.e. first name, surname and password, and to make declarations of intent by ticking the relevant options.

5. In order to provide the Customer with services relating to the maintenance of the Customer Account and the conclusion of Sales Agreements, the Seller requires, once the details have been completed, a declaration of acceptance of the Terms and Conditions and consent to the processing of personal data, as well as, where applicable, a declaration regarding other specified matters.

6. After filling in the details required for registration and submitting the relevant declarations, click theREGISTER button.

7. Upon clicking the REGISTER button, the Customer enters into an electronic agreement with the Seller for the provision of the Customer Account service.

§4. PLACING AN ORDER

1. The basis for concluding a Sales Agreement between the Customer and the Seller is the placing of an Order. To place an Order, you must first select the Product or Products available in the Seller’s range. After selecting the Product or Products, click the ADD TO BASKET button. The selected Product will then be transferred to the Basket.

2. The Shopping Basket is a section of the Online Shop specially designed for the Customer, which allows you to use an interactive form to check the names of the products being ordered, their quantities, unit prices, and the total price of the products, and initiates the ordering process when you click the ‘Proceed to checkout’ button.

3. To facilitate the placing of Orders, the Seller has prepared a clear, interactive Order form consisting of the following tabs: SUMMARY, LOGIN, ADDRESS, DELIVERY and PAYMENT. To conclude the Sales Agreement, the customer must enter their personal details in the fields indicated on the form, provide information regarding their address, payment and delivery method, and make the relevant declarations by selecting the appropriate options whilst navigating between the individual tabs.

4. Once all the required information has been provided and the relevant declarations made,the Orderisconfirmedby clicking the‘Order with obligation to pay’ button.

5. The moment the Customer clicks ‘Order with obligation to pay’ is the moment the Order is placed. The moment the Sales Contract is concluded is the moment the Seller receives notification that the Order has been accepted for processing (‘Preparation in progress’). It is upon receipt of this Notification that the Sales Contract is concluded between the Seller and the Customer. 

§5 DELIVERY AND PAYMENT FOR PRODUCTS  

1. The Seller has prepared several forms and methods of delivery for the Customer’s purchased Products. Delivery may be carried out using one of the methods indicated during the ordering process. Payment and delivery: https://decant.pl/content/8-koszty-dostawy

2. Upon receipt of the parcel, the Customer is asked to carefully check, in the presence of the carrier/courier, the completeness of the parcel’s contents, the condition of the outer packaging
and the condition of the ordered Product. If the packaging shows signs of damage, the parcel should be accepted and opened in the presence of the courier, a damage report should be drawn up, and any damage should be documented using photographs or video footage, after which the Customer should contact the Seller as soon as possible to clarify the matter.

3. In the Order form, under the PAYMENT tab, the Customer may select a payment method for the purchased Products. Payment may be made in one of the following ways:

a . Payment by bank transfer to the Seller’s account;

b . Online payment via the Przelewy24 system;

c. P24now credit limit

d . Cash on delivery;

4. If the Customer chooses to pay by bank transfer, they are obliged to make the payment within 14calendar days of the date of conclusion of the Sales Agreement. If the payment is not credited to the Seller’s bank account within the aforementioned period, the order will be cancelled by the Seller.……

 5. Domestic deliveries are made within 3 working days of the order being processed, whilst international deliveries are made within 6 working days of the order being processed. These timeframes may be extended in the event of circumstances beyond the Seller’s control, in which case the Customer will be informed immediately.

§6. RULES FOR SUBMITTING COMPLAINTS

1. The basis and scope of the Seller’s liability towards the Customer, should the goods sold be defective, are determined by generally applicable legal provisions, in particular the Consumer Rights Act. For Sales Agreements concluded up to 31 December 2022, the basis and scope of the Seller’s liability towards the Customer arise in particular from the Civil Code (in particular Articles 556–576 of the Civil Code). For contracts concluded from 1 January 2023, the provisions described below shall apply.

2. In the event of non-conformity of the goods with the contract, the consumer is entitled to the rights set out in the applicable legal provisions, in particular in the Consumer Rights Act.  The Seller hereby informs the consumer of the trader’s legal liability for the conformity of the goods with the contract. The consumer is entitled to make a claim under the warranty, provided that one has been granted. The consumer acknowledges that where goods are sold as having a defect, this is described in the product description.

3. Before submitting a complaint and sending the Product to the Seller, the Customer is asked to contact the Seller by telephone – 516664144 – or by email (sklep@decant.pl) in order to expedite the complaint procedure and resolve the issue.

4. We encourage you to submit complaints using the Complaints Form, which constitutes Appendix 1 to these Terms and Conditions, and to send it to the Seller’s email address (sklep@decant.pl) or in paper form to the Seller’s postal address. Returns and complaints: https://decant.pl/content/14-zwroty-i-reklamacje

5. The postal address for complaints is: decant.pl Konrad Dróżdż, Bedlenko 8a, 26-200 Końskie. The address for returning the product subject to a complaint is: decant.pl Konrad Dróżdż, ul. I. Łukasiewicza 7, 25-663 Kielce.

6. The goods are in conformity with the contract if, in particular, the following remain in conformity with the contract: description, type, quantity, quality, completeness and functionality, and in the case of goods with digital elements – also compatibility, interoperability and availability of updates, as well as fitness for the specific purpose for which the consumer requires them, which the consumer notified the Seller of at the latest at the time of concluding the contract and which the Seller accepted.

7. If the goods are not in conformity with the contract, the consumer may request their repair or replacement.

8. The Seller may replace the goods when the consumer requests repair, or the Seller may repair the goods when the consumer requests replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would entail excessive costs for the trader. If repair and replacement are impossible or would entail excessive costs for the trader, the trader may refuse to bring the goods into conformity with the contract.

9. The Seller shall carry out the repair or replacement within a reasonable time from the moment the consumer informs them of the lack of conformity with the contract, and without undue inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.

10. The consumer shall make the goods subject to repair or replacement available to the Seller. The Seller shall collect the goods from the consumer at its own expense. The consumer shall not be obliged to pay for the normal use of the goods which were subsequently replaced.

11. In the cases specified in the Consumer Rights Act, the consumer may submit a statement requesting a price reduction or withdrawal from the contract. This applies in particular to situations where the Seller has refused to bring the goods into conformity with the contract or has failed to bring the goods into conformity with the contract.

12. The Seller shall refund the amounts due to the consumer as a result of exercising the right to a price reduction without delay, no later than within 14 days of receiving the consumer’s statement regarding the price reduction.

13. In the event of withdrawal from the contract, the consumer shall return the goods to the Seller without delay at the Seller’s expense. The Seller shall refund the price to the consumer without delay, no later than within 14 days of receiving the goods or proof of their return.

14. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant. It is presumed that the lack of conformity of the goods with the contract is significant.

15. The trader shall be liable for any lack of conformity of the goods with the contract existing at the time of delivery and becoming apparent within two years of that time, unless the period of use of the goods, as specified by the trader, their legal predecessors or persons acting on their behalf, is longer.

16. It is presumed that any lack of conformity of the goods with the contract which becomes apparent within two years of delivery existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

17. The seller is obliged to respond to a consumer’s complaint within 14 days of receiving it.

18. The Seller complies with the provisions of Chapter 5b of the Consumer Rights Act in respect of contracts for the supply of digital content or digital services. The Seller shall be liable for any lack of conformity with the contract of digital content or digital services supplied on a continuous basis, which occurred or became apparent during the period in which they were to be supplied in accordance with the contract. This period shall not be shorter than two years from the time of delivery of the goods containing digital elements. It is presumed that the lack of conformity of the digital content or digital service with the contract occurred during this period if it became apparent during this period.

19. Where a warranty has been provided for the goods, information regarding it, as well as its terms, will be included in the description of the goods in the Shop.

20. In relation to parties other than the Consumer, the Seller excludes all liability under the warranty.

§7. RIGHT TO WITHDRAW FROM THE CONTRACT

1. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which you took possession of the goods or on which a third party other than the carrier and indicated by you took possession of the goods.

2. To exercise your right to withdraw from the contract, you must inform us (sklep@decant.pl) of your decision to withdraw from this contract by means of an unequivocal statement (for example, by completing the withdrawal form attached as Annex 2 or by letter sent by post, fax or email).

3. You may use the model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right to withdraw from the contract before the withdrawal period expires.

4. In the event of withdrawal from this contract, we shall refund all payments received from you, including the costs of delivery (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without delay, and in any event no later than 14 days from the date on which we were informed of your decision to exercise your right to withdraw from this contract. We will refund the payment using the same payment methods you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with this refund. We may withhold the refund until we have received the goods or until you have provided proof of their return, whichever occurs first

5. Returns should be sent to the following address: decant.pl Konrad Dróżdż, ul. I. Łukasiewicza 7, 25-663 Kielce.

6. Please return or hand over the goods to us without delay, and in any event no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods back before the 14-day period expires.

7. You will only have to bear the direct costs of returning the goods.

8. You are only liable for any reduction in the value of the goods resulting from handling them in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.

9. Pursuant to Article 38 of the Consumer Rights Act, the Consumer is not entitled to withdraw from the Sales Contract in relation to, amongst other things, a contract:

a. where the subject of the supply is goods delivered in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery.

b. where the subject of the contract is non-prefabricated goods, manufactured to the Consumer’s specifications or serving to satisfy their individual needs.

10. The right to withdraw from a distance contract does not apply to any entity other than a Consumer, as defined for the purposes of these Terms and Conditions (see: definition of “Consumer”).

§8. COPYRIGHT PROTECTION

1. The Online Shop and all materials published on the Online Shop are unique. The layout of the content on the Online Shop’s website, as well as its individual parts, such as written materials, photographs, graphics, the application and others, are protected under general principles by copyright law.

2. All trademarks, trade names and company names appearing on the Website are subject to legal protection in accordance with the relevant legislation.

3. By using the content made available on the Website, Customers do not acquire any rights, nor do they obtain a licence to such content.

4. It is prohibited to reproduce, modify, reuse in whole or in part, block, publicly reproduce or make publicly available the content published on the Website, except in cases specified in the applicable legal provisions.

§9. FINAL PROVISIONS

1. In matters not covered by these Terms and Conditions, the relevant provisions of generally applicable Polish law shall apply.

2. Any Customer with the status of a Consumer has the right to use out-of-court complaint handling and redress mechanisms such as:

3. a permanent consumer arbitration court, where applications may be submitted for the resolution of a dispute arising from a concluded sales contract,

4. the district or municipal consumer ombudsman or social organisations whose statutory tasks include the protection of consumer rights.

5. An online dispute resolution platform for disputes between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website
offering a one-stop shop for consumers and traders seeking an out-of-court resolution to a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services.

6. These Terms and Conditions, together with the annexes, form an integral part of the Sales Contract concluded between the Seller and the Customer.

7. These Terms and Conditions shall apply from 10 March 2023 until further notice.

8. Archived versions of the Terms and Conditions can be found below[MT1] .

APPENDIX NO. 1

TO THE TERMS AND CONDITIONS OF THE ONLINE STORE

Town, date

First name, surname

Consumer’s address

Order number

To

decant.pl Konrad Dróżdż

Bedlenko 8a,

26-200 Końskie,

VAT No. 6581934083, 

PRODUCT COMPLAINT FORM

I hereby notify you that the goods I purchased on ……………. are not in conformity with the contract (defective). The defect consists of ………………………………………………………………………………………………………………………………..

……………………………………………………………………………………………………………………………………………….

Order number (available after logging in or in the confirmation email)

) ……………………………………………………………………………………………………………………………

The defect was identified on ……………………….. . In view of the above, pursuant to the Consumer Rights Act of 30 May 2014:

• I request thatthe goods be repaired free of charge

• I request that the goods be replaced with new ones

• I request a price reduction of ……….. (in words: ………) PLN,

• I hereby give notice of withdrawal from the contract

• I request that the specified amount be refunded to the account ………………………………………………………………………

/by postal order to my address ……………………………………………………....

Yours faithfully

APPENDIX NO. 2

TO THE TERMS AND CONDITIONS OF THE ONLINE STORE

Place, date

First name, surname

Consumer’s address

Order number

To

decant.pl Konrad Dróżdż

Bedlenko 8a,

26-200 Końskie,

VAT No. 6581934083, 

NOTICE OF WITHDRAWAL FROM THE CONTRACT

CONCLUDED BY DISTANCE SALE

I hereby declare that, in accordance with Article 27 of the Consumer Rights Act of 30 May 2014, I am withdrawing from contract no. ...................., concluded on .................... concerning the purchase of the goods ……………………………………………

Please refund the amount to the following bank account number:

…………………………………………………………………………………………………………………………………………

IMPORTANT!In accordance with Article 34 of the Consumer Rights Act, every Customer who has the status of a Consumer is liable for any reduction in the value of the goods resulting from their use in a manner exceeding that necessary to ascertain the nature, characteristics and functioning of the goods.

…………………...............................

   consumer’s signature