Terms and Conditions

CHAPTER 1.
GENERAL PROVISIONS AND DEFINITIONS

 

The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, and the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information to which the Consumer is obliged to deliver to the Seller in accordance with the applicable provisions of law, including the Act of 30 May 2014 on consumer rights (Dz.U.2014.827 as amended).

Each customer should read the Regulations.

The Regulations are available on the Store's website and are available free of charge before the conclusion of the contract. At the Customer's request, the Regulations are also made available in such a way that it is possible to obtain, reproduce and record its content using the ICT system used by the Customer (eg by e-mail).

Basic definitions:

  1. Regulations: Regulations of the Online Store; Seller De La Fotta Zuzanna Szutenberg
  2. VAT ID: PL7262653095 Ul. Lechicka 11.91-230 Łódź, Poland
  3. Client or Service Recipient: a natural person who is over 18 years of age and has full legal capacity, legal person and an organizational unit without legal personality, but who may acquire rights and incur liabilities that will establish a legal relationship with the Seller in the scope of Store operations. The Customer is also a Consumer, if there are no separate provisions in relation to the Consumer;
  4. Consumer: A customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to its business or professional activity;
  5. Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Dz.U.2016.1030 i.e. as amended), provided electronically by the Service Provider to the Customer via the Website.
  6. Online Store run by the Seller at the address https://en.delafotta.com/store/
  7. Account - an Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Service Provider's IT system in which data collected by the Customer and information about activities within the Store are collected;
  8. Creation or Product - goods sold in the Store, included in the Seller's offer;
  9. Contract - a distance contract regarding the purchase of the Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
  10. Form - a script constituting a means of electronic communication, making it possible to place an Order in the Store;
  11. Order - instruction to purchase the Goods placed by the Customer using technical communication means;

CHAPTER 2.
BASIC AND TECHNICAL INFORMATION

  1. Seller's data for contact with the customer: (kontakt@delafotta.com, +48601421998)
  2. The seller offers the following types of services provided electronically:

An online store operating via a website where the Customer concludes a distance selling contract.  The parties are informed about the sale via e-mail generated automatically, and the performance of the contract (in particular, delivery of the Goods) takes place outside the Internet.

  1. The Seller provides services electronically in accordance with the Regulations.
  2. The technical condition of using the Store is that the Customer has a computer or other devices that allow browsing the Internet, appropriate software (including a web browser), Internet access and an up-to-date and active e-mail account.
  3. The Customer is prohibited from providing unlawful content.
  4. Using the Store may be associated with the risks typical for the use of the Internet, such as spam, viruses, hacker attacks. The seller takes action to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the threat of obtaining or modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above threats, including antivirus and identity protection programs using the Internet.
  5. The conclusion of the contract for the provision of electronic services takes place via the Store via the Internet.
  6. The Customer may at any time stop using the services electronically by leaving the Store or by deleting the Customer's account. In this case, the contract for the provision of services by electronic means is automatically terminated without the need to submit additional statements of the parties.
  7. It is not possible to use the Store anonymously or using a pseudonym.

CHAPTER 3.
PERSONAL DATA

  1. The Seller's personal data provided by the Customer is processed in accordance with applicable law, in particular:The Seller shall exercise due diligence to protect the interests of data subjects, including ensuring that such data is:
  • processed in accordance with the law,
  • collected for specified, legitimate purposes and not subjected to further processing incompatible with these purposes;
  • factually correct and adequate in relation to the purposes for which they are processed,

stored in a form enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing.

  1. The Seller uses appropriate technical and organizational measures ensuring protection of the personal data being processed, appropriate to the threats and categories of data covered by the protection.
  2. The basis for the processing of personal data is the consent of the clients themselves or the statutory authorization to process personal data, as per the Personal Data Protection Act of August 29, 1997 (Dz.U.2016.922, as amended) and the Act of 18 July 2002 on the provision of personal data services by electronic means (Dz.U.2016.1030, as amended).
  3. Customers have the right to control the processing of data, including their supplementation, updating, straightening and deletion on the terms resulting from the above-mentioned regulations.The Seller ensures that the Customers' personal data will not be made available to any unauthorized entities. Customers' personal data may be transferred to entities authorized to receive them under applicable law, including relevant authorities.
  4. Customers' personal data may be entrusted to third parties for purposes related to the implementation of the contract concluded with the client, e.g. a logistic company.

CHAPTER 4.
ADDITIONAL INFORMATION

  • 1 Account
  1. Account registration on the Store's website is free and requires the following activities: The buyer should complete the registration form providing specific data and submitting statements regarding acceptance of the Regulations, processing personal data, and providing commercial information. The customer's email address provided by him in the account registration process will be sent a link to verify the account. Logging in to the account consists in providing the Customer's e-mail address and password set by the Customer. The password is confidential and should not be shared with anyone.
  2. The Account allows the Customer to enter or modify data, perform or check Orders and view order history.
  3. The electronic service Account is provided free of charge for an indefinite period.
  4. The Customer may at any time cancel his account in the Store by sending a relevant request to the Seller via email at the following e-mail address: (kontakt@delafotta.com)

CHAPTER 5.
SELLING PROCESS

  • 1. Goods
  1. All products offered in the store are new and have no defects.
  2. A detailed description of the product can be found on the product page.
  • 2. Orders and their implementation
  1. The order may be placed by completing the Form, available in the Store.
  2. Orders can be placed after registering an account on the Store's website or without registering an account on the Store's website (guest purchases).
  3. The Customer is obliged to carefully fill in the Form, providing all data in accordance with the actual state of affairs and specifying the chosen method of payment and delivery.
  4. The Customer provides data in the Form and makes statements regarding the acceptance of the Regulations, the processing of personal data, the transmission of commercial information.
  5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed the next business day.
  6. Delivery time (ie until the day of dispatch of the Goods) is up to 3 business days.
  • 3. Payments
  1. All Commodity prices in the Store are gross prices in EUR. The price of the Goods does not include the costs referred to in point 2 below. The price of the Goods given when the Customer places an Order is binding for both parties.
  2. Costs related to the delivery of the Goods (eg transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Client's choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
  3. The customer can choose a payment method:
  • Transfer via PAYPAL - payment before shipment of the Goods (prepayment).
  • After placing the Order, the Customer should pay / transfer the amount to the Store's bank account. The Order is processed after the Customer's payment is credited to the Store's bank account;

For each product sold, the Store issues a proof of purchase and delivers it to the Customer.

The customer is obliged to pay within 5 days from the date of the contract of sale. If the Customer fails to make payment within this period, then - in accordance with art. 491 § 1 of the Civil Code (Dz.U.2016.380, as amended) - the Seller shall set an additional deadline for payment by the Customer, after which he will be entitled to withdraw from the contract in the event of ineffective expiration. If the Customer declares that the services will not be fulfilled, the Seller may withdraw from the contract without setting an additional deadline, also before the specified date of performance has arrived.

  • 4. Delivery
  1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
  2. The product is delivered by courier. Shipments made via courier services should be delivered within 4-10 business days from the date of dispatch of the Goods.
  3. Along with the Goods, the Seller issues to the Customer all elements of his equipment as well as instructions for use, maintenance and other documents required by the provisions of generally applicable law.
  4. The seller indicates that:

Upon the release of the Goods, the Customer or the carrier shall undergo the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods. When selling to the Consumer, the risk of accidental loss or damage to the Product passes to the Consumer as soon as the Goods are released to the Consumer. For the issue of the Goods it is considered its entrusting by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer.

  1. Acceptance of a shipment with the Goods by the Customer without any objections shall result in the expiration of claims for loss or damage in transport, unless:
  • the damage was confirmed by protocol before the parcel was accepted;
  • such a discontinuation was caused by the fault of the carrier;
  • the loss or damage resulted from intentional fault or gross negligence of the carrier;
  • non-public damage was noticed by the authorized party after the acceptance of the consignment, and within 7 days he demanded to determine its condition and proved that the damage occurred in the time between accepting the shipment for transport and its delivery.
  • 5. Additional information for the Consumer
  1. The contract is not concluded for an indefinite period and will not be subject to automatic extension.
  2. The minimum duration of the Consumer's obligations under the Agreement is the duration of the Contract, i.e. the payment and receipt of the Goods.
  3. The use of the Store by the Consumer is not connected with the obligation to deposit or provide other financial guarantees.
  4. The seller does not apply the code of good practice referred to in art. 2 point 5 of the Act of August 23, 2007 on Counteracting Unfair Market Practices (Dz.U.2016.3 with changes).

CHAPTER 6.
RESPONSIBILITY

  1. Liability under the warranty is excluded in legal relations with customers.
  2. The Seller is liable to the Consumer, if the Product has a physical or legal defect (warranty) on the terms set out in the provisions of the Civil Code (Dz.U.2016.380, as amended), on the following principles:
  3. A physical defect consists in the non-compliance of the Goods with the contract. In particular, the Product is inconsistent with the contract if:
  • Goods do not have properties that this kind of thing should have because of the purpose in the contract marked or resulting from the circumstances or destination;
  • The good does not have properties the existence of which the Seller has provided to the Consumer;
  • The product is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objection to such a destination;
  • The good was released to the consumer in an incomplete state.
  • The product has a legal defect if the good is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the Goods results from a decision or decision of the competent authority; if the right is sold, the Seller is also responsible for the existence of the law;
  1. The Seller is liable under the warranty for physical defects that existed at the time the danger passed on to the Consumer or resulted from a reason inherent in the Product at the same time.
  2. The seller is released from liability under the warranty if the consumer knew about the defect at the time the contract was concluded;
  3. Consumer's rights under the warranty are:
  • demand for a price reduction of the Goods or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for a defect-free one or removes the defect;
  • Consumer, instead of the defect proposed by the Seller, demand replacement of the Goods free from defects, or instead of replacing items, demand removal of the defect, unless bringing things to compliance with the contract in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects is taken into account, the type and significance of the defect found, and also the inconvenience to which the Consumer would expose the other way of satisfying;
  1. The consumer who exercises the rights under the warranty is obliged to provide the defective item to the place marked in the contract at the expense of the Seller, and when such a place is not specified in the contract - to the place where the item was delivered to him.

CHAPTER 7.
PROCEDURE FOR EXAMINING COMPLAINTS

  1. Complaints about defects in the Goods should be addressed to the Seller in writing to the following address: kontakt@delafotta.com
  2. In the case of finding that the shipment with the Goods is violated, suffered a loss or damage, the Customer should immediately (no later than within 3 days from the date of receipt of the shipment) file a complaint with the Seller. Such action will allow you to claim against the carrier.
  3. The complaint should contain a detailed description of the defect of the Goods and the Customer's request, possibly also photographic documentation.
  4. The seller undertakes to examine the complaint within 30 days. If the Seller does not comment on the Consumer's complaint within 14 days, it is considered that he considered it justified.
  5. If the complaint is recognized, the Seller will take appropriate action.
  6. There is a possibility of using extrajudicial means of dealing with complaints and pursuing claims in legal relations with Consumers, including:
  • the possibility of conducting amicable proceedings before a common court or arbitral tribunal;
  • the possibility of conducting mediation proceedings with the participation of an independent mediator.

CHAPTER 8.
WITHDRAWAL FROM THE AGREEMENT
 

  1. The withdrawal from the Agreement by the Seller or the Customer may take place under the terms of the Civil Code (Dz.U.2016.380, as amended).
  2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
  3. Information on withdrawal from the Agreement by the Consumer is contained in the instruction on the right of withdrawal, available on the Store's website.
  4. The right to withdraw from the Agreement is not entitled to the Consumer in relation to some contracts, i.e .:
  • For the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement;
  • In which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdrawal from the Agreement;
  • In which the commodity is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
  • withdrawal from the contract.
  1. The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not entail any costs for him.
  2. If the Consumer has chosen the method of delivery of the item other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  3. The consumer is obliged to return the Good with all the equipment, including packaging, if it constitutes a significant element of the Good. The Seller may refrain from returning the payment until receipt of the Goods or until the Seller provides proof of its return, depending on which event occurs first.
  4. The Consumer bears only the direct cost of returning the Goods, unless the Seller agreed to bear them or did not inform the Consumer about the necessity to incur these costs.
  5. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the good.
  6. In case of effective withdrawal from the Agreement, the Agreement is considered void.

CHAPTER 9.
INTELLECTUAL PROPERTY

  1. The rights to the Website and the content contained therein belong to the Seller.
  2. The website address at which the Store is available, as well as the content of the website are subject to copyright and are protected by copyright and intellectual property law.
  3. All logotypes, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, producer or distributor of the Goods. Downloading, copying, modifying, reproducing, transferring or distributing any content from https://en.delafotta.com/ without the consent of the owner is prohibited.

CHAPTER 10.
FINAL PROVISIONS

  1. In matters not covered by the Regulations in the legal relations with customers or consumers, the relevant provisions of the generally applicable law shall apply.
  2. Any deviations from the Regulations require a written form under pain of nullity.
  3. The court competent to resolve the dispute between the Seller and the Customer will be the court competent for the Seller's registered office. The competent court to resolve the dispute between the Seller and the Consumer will be the competent court according to general rules (the court of the defendant's domicile) or another more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).

NOTICE ABOUT THE RIGHT TO WITHDRAW FROM THE CONTRACT  for the Consumer

You have the right to withdraw from the contract within 14 days without giving any reason.

The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). Below are our contact details:

Zuzanna Szutenberg
Ul. Lechicka 11
91-230 Łódź, Poland

You can use the model withdrawal form, but it is not mandatory.

To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.

Effects of withdrawal from the contract: in the event of withdrawal from the contract, we return to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), promptly, and in any no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will make a refund using the same payment methods that you used in the original transaction, unless you have explicitly agreed otherwise. In any case, you will not incur any fees in connection with this return. We may withhold the return of the payment until you receive the item or until you provide proof of its return, depending on which event occurs first.

Please send back or give us the item immediately, and in any case no later than 7 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 7 days.

You will have to bear the direct cost of returning the goods. The amount of these costs is estimated at a maximum of approximately EUR 10.

You are only responsible for the reduction in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of things.

 

THE MODEL OF WITHDRAWAL FROM THE CONTRACT is for the Consumer

ATTENTION: this form should be filled in and returned only if you wish to withdraw from the contract

............................, .....................................

................................................

(Client's first and last name)

............................................. ..

................................................

(Customer's correspondence address)

................................................

(contact phone number)

You * ...................................................

.....................................................................

(name and surname, name of the Seller)

................................. .. ................................. ..

................................................. .....................

(address of the Seller)

.......................................... .. ...........................

(Seller's e-mail address)

WITHDRAWAL FROM THE AGREEMENT TO DISTANCE

I declare that I withdraw from the distance selling agreement, concluded on ................................................ and regarding the purchase of the following goods:

1) ............................................................................................. for the price ............................................. ..........,

2) ............................................................................................. for the price ............................................. ..........,

3) ............................................................................................. for the price ............................................. ......... ..

The issue / receipt [2] of the goods took place on ......................................................... ..

In connection with the above, I declare that I will return the goods immediately, no later than within fourteen days.

Below I am indicating data for the return of the price of the goods, which should take place immediately, not later than within fourteen days.

.....................................................................................

.......................................................................................

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(name, surname and signature of the Customer, if the form is sent in paper form)