Statute

DREWDON.COM ONLINE STORE REGULATIONS

CONTENTS:

  • GENERAL PROVISIONS AND DEFINITIONS
  • RULES OF USING THE STORE
  • TECHNICAL CONDITIONS
  • ACCOUNT SERVICE PROVISION AGREEMENT
  • CONDITIONS OF CONCLUDING A SALES AGREEMENT
  • METHODS AND TERMS OF PAYMENT FOR GOODS
  • METHODS AND TIME OF DELIVERY OF GOODS
  • PRODUCT COMPLAINT
  • OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES
  • RIGHT OF WITHDRAWAL FROM THE CONTRACT
  • PROVISIONS RELATING TO ENTITIES WHO ARE NOT CONSUMERS
  • FINAL PROVISIONS

ONLINE STORE REGULATIONS

 

  • 1. General provisions

 

1.1 These Regulations define the rules of using the Online Store operating at www.DREWDON.COM and are addressed to Consumers, Entrepreneurs and other entities with legal capacity interested in the Store's offer. 

 

1.2 The Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter referred to as the " Act on the provision of services by electronic means ").

 

1.3 The Store is owned by the Seller , i.e. DREWDON Adam Kołosowski with its registered office
in Zawonia, code 55-106, at ul. Oleśnicka 4 and using the number
NIP: 8991017105 and REGON: 931600050

1.4 Seller's contact details:

1) postal address: DREWDON Adam Kołosowski, ul. Oleśnicka 4, 55-106 Zawonia

2) e-mail address: drewdon.mateusz@gmail.com

3) phone +48 577 954 854

1.5 As part of its business activities, the Seller

a/ sells physical Goods that can be
purchased by Buyers;

b/ provides Digital Goods to Buyers;

c/ provides the Account Service to Users;

d/ provides the Newsletter to Subscribers.

 

1.6 Information about the Goods available in the Store, in particular their descriptions and technical parameters

and utility prices constitute an invitation to conclude a Sales Agreement or a Contract

for the delivery of Digital Goods within the meaning of Article 71 of the Act of 23 April 1964, the Civil Code (hereinafter referred to as the " Civil Code ").

 

  • 2.Definitions

ONLINE STORE – internet service available at www.DREWDON.COM , through which the Customer may place Orders for the purchase of Products.

WORKING DAYS - these are days from Monday to Friday, excluding public holidays.

REGISTRATION FORM – a form provided in the Online Store enabling the creation of a Customer Account.

ORDER FORM – a form available in the Online Store enabling the placement of an Order, in particular by adding Products to the basket and specifying the delivery terms and payment method.

ACCOUNT - a set of resources collected in the IT system of the Seller/Service Provider, in which information about Orders placed by the Customer in the Online Store is collected.

BASKET – an element of the Store software in which the Products or services selected by the Customer that are the subject of the purchase are collected, where it is possible to determine and modify the Order data, in particular the quantity of products.

CUSTOMER – any entity making purchases through the Store:

- consumer - a natural person concluding a legal act with an entrepreneur (e.g. conclusion of a contract) not directly related to his or her business or professional activity (Article 221 of the Civil Code).

- entrepreneur with consumer rights - a natural person concluding a contract directly related to his/her business activity, when it results from the content of this contract that it is not of a professional nature for him/her, resulting in particular from the subject of the business activity conducted by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity (Article 3855, Article 5564, Article 5565, Article 5765 of the Civil Code and Article 38a of the Act on Consumer Rights).

- entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, but to which the law grants legal capacity, conducting business or professional activity on its own behalf, who places or intends to place an Order in the Online Store.

CIVIL CODE – Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

NEWSLETTER – digital content, within the meaning of the provisions of the Consumer Rights Act, transmitted via e-mail, which enables all Customers using it to automatically receive information about new products, promotions and other changes to the Store's offer and its current activities.

NON-CONFORMITY, this should be understood as : non-conformity of the Physical Product with the Sales Agreement (the criteria for assessing the conformity of the Physical Product with the Sales Agreement are specified in Art. 43b sec. 1-2 of the Consumer Rights Act) or non-conformity of the Subject of the Digital Service with the Agreement concerning its supply (the criteria for assessing the conformity of the Subject of the Digital Service with the Agreement concerning its supply are specified in Art. 43k sec. 1-2 of the Consumer Rights Act).

 

SUBJECT OF DIGITAL PROVISION - Account Service, Digital Product or Newsletter;

 

REGULATIONS the following rules of operation of the Online Store www.DREWDON.COM

SELLER - DREWDON Adam Kołosowski company with its registered office in Zawonia, postal code 55-106, ul. Oleśnicka 4, NIP 8991017105 and REGON 931600050,

SUBSCRIBER - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement with the Seller for the provision of the Newsletter or has taken steps to conclude it;

 

PHYSICAL GOODS – an item, product or service available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

DIGITAL GOODS - digital content within the meaning of the provisions of the Consumer Rights Act, which may be purchased by the Buyer, in particular an electronic book (ebook), audio recording, audiovisual recording, graphics, etc.;

 

AGREEMENT - Agreement for the provision of the Account Service, Sales Agreement, Agreement for the provision of Digital Goods or Agreement for the provision of the Newsletter;

  • Newsletter Delivery Agreement – ​​an agreement for the delivery of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Seller undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Seller with personal data;
  • Agreement for the supply of Digital Goods - an agreement for the supply of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Seller undertakes to deliver Digital Goods to the Buyer and the Buyer undertakes to pay the price to the Seller;
  • Account Service Provision Agreement - an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time, and the User undertakes to provide the Seller with personal data;
  • Sales agreement - a sales agreement within the meaning of the provisions of the Civil Code, under which the Seller undertakes to transfer ownership of the physical Goods to the Buyer and deliver the physical Goods to him, and the Buyer undertakes to collect the physical Goods and pay the price to the Seller;

 

ACCOUNT SERVICE - a digital service within the meaning of the provisions of the Consumer Rights Act, consisting in the creation and maintenance of an Account by the Seller for the User;

 

DISTANCE CONTRACT - an agreement concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the agreement.

USER - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement for the provision of the Account Service with the Seller or has taken steps to conclude it;

 

ORDER - the Customer's submission of an offer to purchase the selected Goods, the term is defined
in § 6 section 4 of the Regulations.

 

CONSUMER RIGHTS ACT – Act of 30 May 2014 (Journal of Laws of 2014, item 827);

ACT ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS – Act of 18 July 2002

(Journal of Laws No. 144, item 1204, as amended);

  • 3 Rules for using the Store

 

3.1 The Customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good manners.

3.2 The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed in compliance with all the rights of the persons whose data it concerns, within the scope and based on the principles indicated in the Privacy Policy, which can be found on the Store's website at www.deepfetish.pl/pl/i/Polityka-prywatnosci/22

3.3 These Regulations constitute regulations within the meaning of Article 8 of the Act on the provision of services by electronic means and meet all of its provisions.

3.4 Customers can access these Regulations at any time via the link located on the main page of the Online Store at www.deepfetish.pl/pl/i/Regulamin/21 and download and print them.

3.5 The provision of illegal content by the Customer is prohibited.

3.6 The prices of Goods available in the Store are expressed in Polish zloty (PLN) and are gross values ​​(they include all mandatory price components, including the applicable VAT).

3.7 The Buyer may purchase Goods both after creating an Account and without creating one.
If an Account is created, the Buyer should log in to it before starting to shop.

3.8 If, within the same transaction, the Buyer simultaneously acquires physical Goods and digital Goods:

  • The physical goods purchased by the Buyer constitute the subject of the Sales Agreement;
  • The Digital Goods purchased by the Buyer constitute the subject of the Digital Goods Supply Agreement;

3.9 The provisions of paragraph above shall apply accordingly to sets that include at least one physical Product and at least one digital Product.

 

  • 4 Technical requirements

 

4.1. The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

  • it is necessary to combine:
  • having a computer, laptop or other mobile device with Internet access and an Internet connection;
  • using a web browser that enables the display of hypertext documents on the device screen, linked in the Internet via a web service and supporting the JavaScript programming language, and also accepting cookies;
  • having an active email account.

 

4.2 The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing data, including through SSL encryption, the use of access passwords and antivirus programs or against unwanted software. Despite the security measures taken by the store, it encourages Customers to use antivirus programs for the security of their data and the protection of devices.

4.3 The Customer/Service Recipient is obliged to use the Online Store in a manner consistent with
in accordance with the law, without using bots, viruses or other computer codes, while taking into account accepted customs, netiquette, respect for copyrights and intellectual property of the Seller

 

4.4. Complaints related to the provision of Electronic Services.

Any complaints related to the incorrect operation of the Online Store
(excluding the Product complaint procedure), the Service Recipient/Customer may submit in writing to the registered office address of the Service Provider's Company or via e-mail provided in the Seller's contact details. For efficient fulfillment of requests, the Service Provider recommends providing information on the time and nature of irregularities, contact details and expectations of the Service Recipient. However, these recommendations, apart from the description, are not a necessary requirement for considering the complaint.

The Service Provider will respond to the complaint without undue delay, no later than
within 14 calendar days from the date of its delivery to the Seller.


  • 5. Account Service Provision Agreement

 

These Regulations define the scope and principles of providing electronic services made available
in the Online Store www.DREWDON.COM in particular:

5.1 In order to conclude the Agreement on the provision of the Account Service, the User should perform the following actions:

  • go to the Store's website and then click on the "create an account" tab,
  • then he is asked to provide information depending on the legal form in which he will appear in a given transaction

The Consumer provides: name and surname, address data, e-mail address and telephone number, and in the case of an Entrepreneur: company name, address data, Tax Identification Number, telephone number and e-mail address.

  • it is mandatory to check the box next to the declaration of familiarization
    with the Regulations and Privacy Policy and acceptance of their provisions;
  • optionally - check the box next to the declaration of consent to receive the Newsletter;
  • click "create account".

5.2 By clicking on the "create account" option, the User is deemed to have concluded the Agreement.

for the provision of the Account Service.

5.3 The User gains access to the Account immediately after clicking the "create account" option.

5.4 After creating an Account, the User may complete the mandatory data stored therein

the following optional data:

  • telephone number;
  • residential/business address (street, house number, apartment number, city, postal code, country);

5.5 Using the Account, the User may, in particular:

  • store your personal information;
  • place Orders and view Order history;

5.6 If the User is not granted access to the Account immediately after concluding the Agreement on the provision of the Account Service, the User shall request the Seller to immediately provide access, and if this does not happen, the User may withdraw from the Agreement on the provision of the Account Service.

5.7 Regardless of the provisions above, if the User is not granted access to the Account, the User may withdraw from the Agreement on the provision of the Account Service without requesting the Seller to grant access to the Account if at least one of the cases indicated occurs
in Article 43j section 5 of the Consumer Rights Act.

5.8 Regardless of the provisions of paragraphs 7-8 above, the User may terminate the Agreement on the provision of the Account Service with immediate effect at any time and without giving a reason. Furthermore, pursuant to art. 27 et seq. of the Consumer Rights Act, the User may withdraw from the Agreement on the provision of the Account Service without giving a reason, within 14 (fourteen) days from the date of its conclusion. For this purpose, the User shall submit an appropriate declaration, which may be sent by e-mail or to the address indicated in § 1 paragraph 4 item 1 of the Regulations. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.

5.9 If the User uses the Account in a manner that is contrary to the provisions of generally applicable law, the provisions of the Regulations or good practices, as well as if the User provides content of an illegal nature, the Seller may block the Account, which is equivalent to the termination of the Agreement on the provision of the Account Service by the User with a notice period of 7 (seven) days. After the notice period indicated in the preceding sentence, the Account is permanently deleted.

5.10 Blocking or deleting the Account does not affect the execution of Sales Agreements, Digital Goods Delivery Agreements and Newsletter Delivery Agreements concluded by the User before blocking or deleting the Account.

 

5.11 Change of Account Service

 

5.11.1 The Seller may change the Account Service in the event of:

 

  • the need to adapt the Account Service to newly emerging devices or software used by Users to use the Account Service;
  • the Seller decides to improve the Account Service by adding new functionalities or modifying existing functionalities;
  • legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.

 

5.11.2 Changing the Account Service may not involve any costs on the part of the User.

5.11.3 The Seller informs Users about the change in the Account Service by providing the above information via the Account or by e-mail.

5.11.4 If the change to the Account Service will significantly and negatively affect the User's access to the Account Service, the User may terminate the Agreement by submitting a statement via e-mail or to the address indicated in § 1 section 4 item 1 of the Regulations. The Seller shall delete the Account immediately after receiving the statement referred to in the preceding sentence.

 

  • 6. CONDITIONS OF CONCLUDING A SALES AGREEMENT

 

6.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order, which obliges the Customer to perform the following actions:

a/ entering the Store's website;

b/ entering the tab of the selected Physical Product and clicking on the "add to cart" option;

c/ after completing the product selection, click the "checkout" option;

d/ entering the following data in the form or selecting it:

  • name and surname;
  • e-mail address;
  • telephone number;
  • residential/business address (street, house number, apartment number, city, postal code, country);
  • delivery address (if different from your residential/business address);
  • optionally - company details, Tax Identification Number (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer Rights);
  • method of payment;
  • delivery method;

e/ it is mandatory to check the box next to the declaration of familiarization
with the Store Regulations and Privacy Policy and acceptance of their provisions;

f/ optionally - checking the checkbox next to the declaration of consent to receiving the Newsletter;

g/ clicking the "I order with an obligation to pay" option and then paying for the physical Goods in accordance with the selected payment method.

6.2 The Buyer may choose one of the following methods of delivery of the physical Goods:

  • courier delivery;
  • delivery to the selected InPost parcel locker;
  • delivery to the selected parcel collection point;

6.3 The Buyer may pay the price for the physical Goods:

  • by bank transfer to the Seller's bank account;
  • by transfer using the payment system
  • in cash or by payment card upon receipt of the physical Goods delivered by the courier;

 

6.4 By clicking the "Order with an obligation to pay" option, the Buyer is tantamount to submitting an offer to purchase the selected Goods (hereinafter referred to as the "Order").

6.5 After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him.

6.6 If the Order cannot be fulfilled, the Seller shall notify the Buyer by means of a message sent to the email address provided by him. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph has been previously paid for by the Buyer, the Seller shall immediately return all payments made by him.

6.7 In the event of the Order being transferred for execution, the Seller shall notify the Buyer of this by means of a message sent to the email address provided by him. At the time the Buyer receives the message referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.

6.8 If the placed Order, in relation to which the Buyer chose the payment option for physical Goods before their delivery, is not paid within 7 business days from the date of its placement, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of the ineffective expiry of the deadline for paying for the Order. Withdrawal from the Sales Agreement and cancellation of the Order shall be effected by the Seller sending an appropriate statement to the e-mail address provided by the Buyer

6.9 The sales agreement is concluded in Polish and its content is consistent with the Regulations.







  • 7 METHODS AND TERMS OF PAYMENT FOR GOODS

7.1 Under the concluded Sales Agreement, the Customer is obliged to settle the amount due for the Products purchased in the Online Store, and for this purpose the Seller provides the Customer with the following payment methods:

a/ payment by transfer through the payment system,

b/ payment by transfer to the Seller's bank account,

c/ payment on delivery upon receipt of the shipment,

d/ payment by card.

Electronic payments and payments by card are made via PayU, Blue Media and PayPal.

Payments by bank transfer to the Seller's account should be made to the account number ING Bank Śląski PL86105015751000009232408824

Currently available payment methods, including electronic ones, are specified on the website of the Online Store in the "Payment Methods" tab at www.deepfetish.pl/pl/i/Metody-platnosci/15

7.2 Payment deadline:

If the Customer chooses payment by bank transfer, electronic payment or payment by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

If the Customer chooses to pay cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.

  • 8 METHOD, TIMES AND COSTS OF DELIVERY AND COLLECTION OF GOODS.

Delivery of the Product purchased in the Online Store www.DREWDON.COM is available only in the territory of the Republic of Poland.

8.1 Delivery of the Goods to the Customer is subject to payment, unless the Sales Agreement provides otherwise, e.g. delivery costs may be waived as part of a specific promotional campaign or due to purchases made above the amount limit specified by the Seller. All costs related to the delivery of the Product are indicated to the Customer when placing the Order and on the Online Store website in the "Delivery costs" tab.

The Customer may use the following methods of delivery or receipt of the Product:

1/ Courier shipment, cash on delivery courier shipment.

2/ Courier shipment to a collection point, courier shipment to a collection point with cash on delivery.

8.2 The Seller undertakes to deliver the ordered Goods to the Customer within 7 Business Days. If a different deadline is given in the description of a given Product or when placing an Order, the deadline given in the description is binding. In the event that the Customer orders several Products
with different delivery times, the delivery time is the longest given time, which in accordance with
with a previously accepted declaration may not exceed 7 business days. Depending on the type of payment method chosen by the Customer, this period starts in two ways. From the day the Seller's bank account is credited, when the Customer has settled the payment by transfer or payment card or from the day of conclusion of the Sales Agreement, when the Customer has chosen cash on delivery.

8.3 If the Customer expresses the will to personally collect the Product, the Product will be ready for collection within 14 working days, unless a different date is specified in the description of the Product or when placing the Order. The Customer will be additionally notified via e-mail about the actual date of readiness of the Product for collection. The method of calculating this period depends on the method of payment for the Product chosen by the Customer. From the day of crediting the Seller's bank account - if the Customer has settled the payment by transfer or payment card, and in the case of the Customer's choice of payment in cash upon personal collection - from the date of conclusion of the Sales Agreement.

8.4 If the Buyer has chosen the option of personal collection of the physical Goods, they may collect them at the following address: DREWDON Adam Kołosowski, ul. Oleśnicka 4, 55-106 Zawonia within 7 days of receiving a message from the Seller confirming that the Goods are ready for collection.

If the Buyer fails to collect the physical Goods within the time specified above, the Seller has the right to withdraw from the Sales Agreement within 7 (seven) days from the date of ineffective expiry of the time limit for collecting the physical Goods. Withdrawal from the Sales Agreement
and the cancellation of the Order is made by the Seller sending an appropriate statement to the e-mail address provided by the Buyer. If the Buyer has paid for the physical Goods before the Seller withdraws from the Sales Agreement, the Seller shall return all payments made by him immediately after the withdrawal from the Sales Agreement.

8.5 The Seller ships physical Goods to addresses located in the territory of the Republic of Poland.

8.6 The Seller is obliged to deliver to the Buyer physical Goods in accordance with the Sales Agreement relating to them.

8.7 Physical goods delivered to the Buyer must be in intact condition.

8.8 If the physical Goods are delivered by a courier, the Buyer should check the physical Goods in their presence. If the packaging of the physical Goods is damaged, the Buyer should write a damage report and contact the Seller.

 

  • 9. Complaints about Physical Goods

 

9.1 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards Buyers who are Entrepreneurs is excluded.

The further provisions of § 9 apply exclusively to:

  • A Buyer who is a Consumer or an Entrepreneur with Consumer rights;
  • Non-conformity of the physical Goods with the Sales Agreement.

9.2 The physical Goods delivered to the Buyer by the Seller must comply with the Sales Agreement.

9.3 The Seller is liable for any Non-Conformity existing at the time of delivery of the physical Goods to the Buyer and revealed within 2 (two) years from that time, unless the shelf life of the physical Goods is longer.

9.4 In the event of a Non-Conformity being detected, the Buyer shall have the rights indicated
in Article 43d et seq. of the Consumer Rights Act. The Buyer's rights specified in the preceding sentence shall be exercised in accordance with the provisions of the Consumer Rights Act and
with the provisions of this paragraph.

9.5 In the event of a Non-Conformity being detected, the Buyer may file a complaint containing a request:

  • repair of the physical Goods, or
  • exchange of physical Goods.

9.6 The complaint is submitted via e-mail to the address indicated in § 1 section 4 of the Regulations.

9.7 The complaint should include:

  • Buyer's name and surname;
  • e-mail address;
  • Order number;
  • date of delivery of the physical Goods;
  • description of the Non-Conformity revealed;
  • request for repair or replacement of physical Goods.

9.8 The Seller may, in certain circumstances, if the method chosen by the Buyer to bring the physical Goods into compliance with the Sales Agreement is impossible to fulfill, or would require excessive costs on the part of the Seller, treat the Buyer's requests interchangeably. When the Buyer requests a repair, the Seller is entitled to replace the physical Goods. When the Buyer requests a replacement of the physical Goods, the Seller is entitled to repair the Goods.

9.9 If both the replacement and repair of the physical Goods are impossible or would require excessive costs on the part of the Seller, the Seller may refuse to bring the physical Goods into compliance with the Sales Agreement.

9.10 After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:

  • acknowledges the complaint and indicates the planned date for fulfilling the Buyer’s request;
  • acknowledges the complaint and informs the Buyer about the Seller's use
    with the authorisation referred to in paragraph 8 above;
  • refuses to bring the physical Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
  • dismisses the complaint due to its unfounded nature.

9.11 The Seller shall respond to the complaint via e-mail within 14 (fourteen) days from the date of its receipt.

9.12 In the cases indicated in paragraph 10 points 1-2 above, the Seller shall, at its own expense, bring the physical Goods into compliance with the Sales Agreement within a reasonable time and without excessive inconvenience to the Buyer, taking into account the specificity of the physical Goods and the purpose for which the Buyer acquired them. The planned date for bringing the physical Goods into compliance with the Sales Agreement shall be indicated by the Seller in response to the complaint.

9.13 The Buyer provides the Seller with physical Goods subject to repair or replacement. The Seller collects the physical Goods from the Buyer at its own expense.

9.14 The Buyer is not obliged to pay for normal use of the physical Goods that were subsequently exchanged.

9.15 In the event of a Non-Conformity being detected, the Buyer may submit to the Seller a declaration of price reduction or withdrawal from the Agreement when:

  • The Seller refused to bring the physical Goods into compliance with the Sales Agreement for the reasons indicated in section 9 above;
  • The Seller has failed to bring the physical Goods into compliance with the Sales Agreement in accordance with sections 12-13 above;
  • The non-conformity persists even though the Seller has attempted to bring the physical Goods into conformity with the Sales Agreement;
  • The non-conformity is significant enough to justify withdrawal from the Sales Agreement without prior request from the Seller to bring the physical Goods into conformity
    with the Sales Agreement;
  • it is clear from the Seller's statement or the circumstances that the Seller will not bring the physical Goods into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Buyer.

9.16 A declaration of price reduction or withdrawal from the Sales Agreement may be submitted via e-mail to the address indicated in § 1 section 4 item 1 of the Regulations.

9.17 The declaration of price reduction or withdrawal from the Sales Agreement should include:

  • Buyer's name and surname;
  • e-mail address;
  • Order number;
  • date of delivery of the physical Goods;
  • description of the Non-Conformity revealed;
  • an indication of the reason for submitting the declaration, selected from the reasons indicated in paragraph 15 above;
  • a declaration of a reduction in the price of the physical Goods, together with an indication of the reduced price of the physical Goods, or a declaration of withdrawal from the Sales Agreement.

9.18 The reduced price must be in such proportion to the price resulting from the Sales Agreement, in which the value of the physical Goods inconsistent with the Sales Agreement is to the value of the physical Goods consistent with the Sales Agreement. The Seller shall return to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 (fourteen) days from the date of receipt of the declaration of price reduction.

9.19 The Buyer may not withdraw from the Sales Agreement if the Non-Conformity is immaterial.

9.20 In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the physical Goods to the Seller at his expense. The physical Goods should be returned to the following address:

 

DREWDON Adam Kołosowski, ul. Oleśnicka 4, 55-106 Zawonia

 

9.21 The Seller shall return the price of the physical Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the physical Goods or proof of their return, depending on which of these events occurs first. The refund shall be made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to another method of refund that does not involve any costs for him.

 

  • 10. Complaints regarding the subject of the digital service

 

10.1 The provisions of this section apply exclusively to:

  • Customers who are:
  • Users, Buyers or Subscribers, unless a specific provision of the Regulations applies only to one of these persons, and
  • Consumers or Entrepreneurs with Consumer Rights;
  • Agreements for the provision of the Account Service, Agreements for the provision of Digital Goods and Agreements for the provision of the Newsletter, unless specific provisions of the Regulations apply only to one of these Agreements;
  • Non-conformity of the Account Service with the Account Service Provision Agreement, Non-conformity of the Digital Goods with the Digital Goods Provision Agreement and Non-conformity of the Newsletter
    with the Newsletter Delivery Agreement.

10.2 The digital performance item delivered to the Customer by the Seller must comply with

The agreement regarding its delivery:

  • at the time of its delivery – if the subject of the digital service is delivered once or in parts;
  • for the entire period of delivery of a given digital performance item – in the case where the digital performance item is delivered continuously.

10.3 The Seller is liable for Non-Conformity:

  • existing at the time of delivery of the digital performance item and disclosed within 2 (two) years from that time - in the case where the digital performance item is delivered once or in parts;
  • disclosed during the period of delivery of a given item of digital performance - in the case where the item of digital performance is delivered continuously.

10.4 In the event of a Non-Conformity being detected, the Customer may file a complaint containing a request to bring the digital service into compliance with the Agreement regarding its supply.

10.5 The complaint is submitted via e-mail to the address indicated in § 1 section 4 of the Regulations.

10.6 The complaint should include:

  • Client's name and surname;
  • e-mail address;
  • description of the Non-Conformity revealed;
  • request to bring the digital service item into compliance
    with the Agreement relating to its supply.

10.7 The Seller may refuse to bring the subject of the digital service into compliance
with the Agreement regarding its delivery, if this is impossible or would require the Seller to incur excessive costs.

10.8 After considering the complaint, the Seller provides the Customer with a response to the complaint, in which:

  • acknowledges the complaint and indicates the planned date for bringing the subject of the digital service into compliance with the Agreement regarding its provision;
  • refuses to bring the subject of the digital service into compliance
    with the Agreement regarding its delivery for the reasons indicated in section 7 above;
  • dismisses the complaint due to its unfounded nature.

10.9 The Seller responds to complaints via e-mail.
within 14 (fourteen) days from the date of its receipt.

10.10 If the complaint is accepted, the Seller shall, at its own expense, bring the subject of the digital service into compliance with the Agreement regarding its delivery within a reasonable time from the moment of receiving the complaint and without excessive inconvenience to the Customer, taking into account the nature of the subject of the digital service and the purpose for which it is used. The planned date for bringing the Subject of the digital service into compliance with the Agreement regarding its delivery shall be indicated by the Seller in the response to the complaint.

10.11 In the event of a Non-Conformity being disclosed, subject to section 14 below, the Customer may submit to the Seller a declaration of a price reduction or withdrawal from the Agreement when:

  • bringing the subject of the digital service into conformity with the Agreement regarding its provision is impossible or requires excessive costs;
  • The seller did not bring the subject of the digital service into compliance
    with the Agreement relating to its supply in accordance with paragraph 10 above;
  • The non-conformity persists even though the Seller has attempted to bring the Digital Item into conformity with the Agreement relating to its supply;
  • The non-conformity is so significant that it justifies withdrawal from the Agreement regarding the supply of a given digital service item without prior request to the Seller to bring the digital service item into conformity with the Agreement regarding its supply;
  • it clearly follows from the Seller's statement or the circumstances that the Seller will not bring the digital performance into compliance with the Agreement regarding its delivery within a reasonable time or without excessive inconvenience to the Customer.

10.12 A declaration of price reduction or withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1 section 4 of the Regulations.

10.13 The declaration of price reduction or withdrawal from the Agreement should include:

  • Client's name and surname;
  • e-mail address;
  • date of delivery of the Digital Supply Item;
  • description of the Non-Conformity revealed;
  • an indication of the reason for submitting the declaration, selected from the reasons indicated in paragraph 11 above;
  • a declaration of a price reduction, together with an indication of the reduced price, or a declaration of withdrawal from the Agreement.

10.14 The Customer may not submit to the Seller a declaration of a price reduction if the Non-Conformity concerns the Account Service, Digital Goods received free of charge or the Newsletter.

10.15 The Seller is not entitled to demand payment for the period during which the Digital Goods were inconsistent with the Agreement on the supply of Digital Goods, even if the Buyer used
from this Digital Good before withdrawing from the Agreement for the supply of Digital Goods.

10.16 The reduced price must be in proportion to the price resulting from the Agreement
for the delivery of Digital Goods, in what value the Digital Goods do not comply
with the Agreement for the supply of Digital Goods remains at the value of the Digital Goods in accordance
with the Agreement for the supply of Digital Goods.

10.17 The Seller shall return to the Buyer the amounts due as a result of exercising the right to reduce the price or withdraw from the Agreement immediately, no later than within 14 (fourteen) days from the date of receipt of the declaration of price reduction or withdrawal from the Agreement.

10.18 The Buyer may not withdraw from the Agreement for the supply of Digital Goods if the Non-Conformity is immaterial.

10.19 If the User withdraws from the Agreement on the provision of the Account Service, the Seller shall delete the Account immediately after receiving the declaration of withdrawal from the Agreement on the provision of the Account Service.

10.20 If the Subscriber withdraws from the Newsletter Delivery Agreement, the Seller shall suspend the delivery of the Newsletter immediately after receiving the declaration of withdrawal from the Newsletter Delivery Agreement.

10.21 Pursuant to Article 34 paragraph 1a of the Consumer Rights Act, in the event of the Customer withdrawing from the Agreement regarding the supply of a digital performance item, the Buyer is obliged to cease using this digital performance item and making it available to third parties.

 

  • 11. Extrajudicial methods of handling complaints and pursuing claims and principles of access to these procedures.

 

11.1. A Customer who is a Consumer may pursue claims for a complaint regarding goods using many out-of-court methods of resolving such disputes, in particular:

a/ is entitled to refer to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute arising from the concluded Sales Agreement;

b/ is entitled to contact the Provincial Inspector of Trade Inspection
with a request to initiate mediation proceedings to amicably resolve the dispute between the Customer and the Seller;

c/ may obtain free assistance in resolving the dispute using the assistance of the District (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).

The above assistance can also be obtained by the Client at the following addresses of the websites of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php ; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php .

d/ file your complaint via the EU ODR online platform, available at

address: http://ec.europa.eu/consumers/odr/ 

 

  • 12 Right of withdrawal

 12.1 The Customer has the right to withdraw from the Sales Agreement concluded with the Seller without giving any reason within 100 days from the date of receipt of the goods. The right to withdraw from the agreement is granted to the Consumer and also to the Entrepreneur with the rights of the Consumer. The provisions of these Regulations concerning Consumers in the scope of the right to withdraw apply accordingly to Entrepreneurs with the rights of the Consumer.

The costs of returning the goods are borne by the Customer, provided that the Seller will reimburse the costs of shipping the ordered Product up to the cheapest option that was available in the offer on the day the Order was placed.

To exercise the right to withdraw from the Agreement, you must inform the Seller of your decision.
by means of an unequivocal declaration of will to withdraw from the purchase and return the goods, observing the deadline for withdrawal from the Agreement.

The deadline for withdrawal from the Sales Agreement begins for the Sales Agreement,
in the performance of which the Seller issues the Goods - from the moment the Consumer/Entrepreneur with consumer rights or a third party indicated by him other than the carrier takes possession of the Goods, and in the case when the Sales Agreement covers many Goods that are delivered separately, in batches or in parts - from the moment the last Goods, batch or part is taken into possession - for other agreements - from the date of their conclusion.

A Consumer/Entrepreneur with the rights of a Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration should be sent to the registered office address of the Seller's Company or e-mail address, i.e. drewdon.mateusz@gmail.com The declaration form can be found on the Online Store website in the "Returns and complaints" tab. The returned Goods should be sent to the address DREWDON Adam Kołosowski, ul. Oleśnicka 4, 55-106 Zawonia no later than 14 days from the date on which the Customer withdrew from the agreement. To meet the deadline, it is sufficient to send the goods back before it expires.

12.2 Consequences of withdrawal from the Agreement

The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer/Entrepreneur with the rights of the Consumer on withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Customer. However, the Seller may withhold the return of the payment until the receipt of the returned item or until the Customer provides proof of its return, depending on which event occurs first.

The Seller will refund the payment using the same payment methods that the Customer used when placing the Order in the original transaction, unless the Customer expressly agreed to another solution.
in the return form provided to the Seller.

12.3 The right to withdraw from a contract concluded at a distance does not apply to the Consumer/Entrepreneur under the rights of the Consumer in relation to contracts:



    • for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer/Entrepreneur with the rights of a Consumer who was informed before the commencement of the provision that after the Seller has fulfilled the service, the Seller will lose the right to withdraw from the contract;
    • 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 contract expires;
    • in which the subject of the provision is a non-prefabricated Product, manufactured according to the Consumer's wishes,
    • where the subject of the service is a Product that spoils quickly or has a short shelf life;

 

  • where the subject of the provision is a Product 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;

 

  • where the subject of the provision are Products which after delivery, due to their nature, are inseparably connected with other items;
  • where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;
  • in which the Consumer/Entrepreneur with the rights of the Consumer expressly requested the Seller to come to him/her for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Customer or supplies Products other than spare parts necessary for repair or maintenance, the right to withdraw from the contract is granted to the Consumer/Entrepreneur with the rights of the Consumer in relation to additional services or Products;
  • where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
  • for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
  • concluded through public auction;
  • for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
  • for the supply 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 for withdrawal from the contract expires and after the Seller informed him of the loss of the right to withdraw from the contract.

13. Provisions of the Regulations concerning Customers who are not Consumers and Entrepreneurs with Consumer Rights

13.1 This section of the Regulations and the provisions contained therein apply only to Customers who are not Consumers or Entrepreneurs with Consumer rights. These may be natural persons making purchases in the Online Store as part of their business activity to implement the subject of their business activity or entrepreneurs - entities with legal personality or other organizational units with legal capacity.

13.2 The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer/Entrepreneur with Consumer rights within 14 calendar days from the date of its conclusion. Withdrawal from the Agreement may occur without giving a reason
and does not give rise to any claims on the part of the Customer against the Seller.

13.3 In the case of Customers who are not Consumers/Entrepreneurs with Consumer rights, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

13.4 At the moment the Seller issues the Product to the carrier, all benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer/Entrepreneur with the rights of the Consumer. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product. The Customer is obliged to check the condition in which the Goods are received from the carrier.

13.5 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a Consumer/Entrepreneur with Consumer rights is excluded.

13.6 In the case of Customers/Service Recipients who are not Consumers/Entrepreneurs with Consumer rights, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect without indicating the reasons in the form of an appropriate declaration.

13.7 The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a Consumer/Entrepreneur with Consumer rights, regardless of its legal basis, is limited to the amount of the price paid and delivery costs under the Sales Agreement, but not more than PLN 1,000. The Service Provider/Seller is liable
in relation to the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the contract and is not liable for lost profits in relation to the Service Recipient/Customer who is not a Consumer/Entrepreneur with Consumer rights.

13.8 Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient who is not a Consumer/Entrepreneur with Consumer rights will be submitted for resolution to a common court with local jurisdiction over the seat of the Seller/Service Provider.

  • 14. Intellectual Property of the Seller

14.1 All components of the Store, in particular:

  • Store name;
  • Store logo;
  • photos and descriptions of the Goods;
  • the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases are subject to legal protection under the provisions of the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on combating unfair competition and other generally applicable provisions of law, including the provisions of European Union law.

14.2 Any use of the Seller's intellectual property without its consent is prohibited.

 

  • 15 Final provisions

15.1 Agreements concluded via the Online Store are concluded in Polish.

15.2 Changes to the Regulations

  • The Seller may make changes to the Regulations in the event of:
  • changes in the Seller's scope of business;
  • the Seller begins to provide new services, modifies services already provided or discontinues their provision;
  • making technical modifications to the Store that require adapting the provisions of the Regulations to them;
  • legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
  • Customers will be informed about changes to the Regulations by publishing their amended version on the Store's website, at least 7 (seven) days before the date of entry into force of the changes. Within the period referred to in the preceding sentence, the amended version of the Regulations will be sent to Users and Subscribers by e-mail.
  • The provisions of the Regulations in force at that time shall apply to Sales Agreements and Agreements for the supply of Digital Goods concluded before the date of entry into force of the new Regulations.
  • A User or Subscriber who does not agree to a change to the Regulations may terminate the Agreement on the provision of the Account Service or the Agreement on the provision of the Newsletter with immediate effect until the entry into force of the changes to the Regulations. Failure to terminate shall be deemed as consent to the change to the Regulations.
  • The Agreement on the provision of the Account Service or the Agreement on the provision of the Newsletter shall be terminated by submitting a declaration to the Seller by the User or Subscriber.
    on termination of this Agreement. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 item 1 of the Regulations.
  • Immediately after receiving the declaration referred to in paragraph 5 above, the Seller shall delete the Account or suspend the delivery of the Newsletter.

 

15.3 Annex No. 1 - Declaration of withdrawal from the Sales Agreement is part of the Regulations.

 

15.4 The current version of the Regulations is valid from 13/12/2024.

 

15.5 In matters not regulated in these Regulations, the applicable provisions of law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002; the Act on consumer rights of 30 May 2014 and other relevant provisions of generally applicable law.