The regulations apply from 06.12.2023 r.
Terms and conditions of distance sales of goods and services provided by electronic means – ONLINE STORE REGULATIONS
This document specifies the terms and conditions for the Online Store available at https://store.dakar.com/en/home , provided by “ETOS” S.A., with its registered office in Gdańsk (80-298), at ul. Bysewska 23, entered into the Business Register maintained by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under the number: KRS 0000178415, NIP: 584 030 32 02, REGON 192975787, with a fully paid-up share capital of 55,055,102 PLN, being a large company according to the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (Journal of Laws L 187 of 26 June 2014, page 1) (hereinafter referred to as: „Seller”), and in particular defines the rules applicable to the placement of Orders and Contracts of Sale concluded by means of distance communication, as well as those governing the use by Customers of all the services provided by the Store.
Quick contact details for the Seller (Address / contact details):
ul. Bysewska 23
Tel. +48585000829 or +48585000825; Mon to Fri from 9.00 am to 3.00 pm
Contact details for any complaints about orders placed in the online store:
“ETOS” S.A. with an annotation – REKLAMACJA diversesystem
ul. Bysewska 23
Tel. +48585000829 or +48585000825; Mon to Fri from 9.00 am to 3.00 pm
The terms used herein shall have the following meaning:
1. Customer – a natural person, including a Consumer, who is at least 18 years of age and has full legal capacity, as well a legal person or organizational unit that is not a legal person, to which special provisions grant legal capacity, and who has placed or intends to place an Order or uses other Services provided by the Online Store; registration of a Customer Account of a legal person or a legal entity referred to above may be performed only by a natural person who is empowered to perform on their behalf all actions related to registration, as well as to exercise all rights and obligations of the Customer. A Customer may also be a natural person, who is at least 13 years of age or a person with limited legal capacity, if they obtain appropriate consent from their parent/legal guardian to use the Store;
2. Civil Code – Act of 23 April 1964 – Civil Code (original text Journal of Laws of 1964 no. 16 item 93 with amended changes)
3. Consumer – a natural person being a consumer within a meaning of Article 22(1) of the Civil Code, performing a legal transaction with the Seller which is not directly related with his/her business or professional activity;
4. Account (hereinafter also as: „Customer Acount”) – a subpage of the Online Store, where the Customer can modify his/her personal data and place and manage Orders, after logging in without the need to provide any personal data;
5. „Lowest price from 30 days before discount” - the term indicated next to the Good or Service is an information about the lowest gross price expressed in Polish zlotys of this Good or Service, which was valid during the period of 30 days before introducing a discount for this Good or Service, or during the period from the date of commencement of offering this Good or this Service for sale until the date of introduction of the discount, if this Good or Service is offered for sale for a period shorter than 30 days;
6. Entrepreneur with consumer rights – a natural person conducting business activity concluding an agreement with the Seller directly related to its business activity, when the content of this contract shows that it does not have a professional nature, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Business (CEIDG);
7. Regulations – the following Terms and Conditions of distance sales of goods and services provided by electronic means. With respect to online services, these Terms and Conditions constitute the regulations mentioned in article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means;
8. Registration – a one-time free of charge and voluntary action whereby the Customer sets up a Customer Account, performed via the administration panel placed by the Service Provider on the Store's website;
9. Online Store (hereinafter also referred to as the "Store") – a website available at https://store.dakar.com/en/home, where Customers may place Orders and use other Store Services;
10. Diverse Store - a stationary shop of the Diverse brand operated in Poland by the Seller or a third party on its behalf;
11. Party – the Seller or the Customer;
12. Goods – a movable item from the Seller’s offer in the Store being the subject of the Contract of Sale;
13. Contract of Sale – a sales contract in the understanding of the Civil Code, concluded between the Seller and the Customer (Buyer) through the Store by remote means of communication, whose object is the Goods;
14. Service (Services) – a service provided by the Seller through the Store by electronic means, in accordance with the terms specified in the Terms and Conditions;
15. Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827);
16. Order – an order placed by means of distance sales of goods from the Seller's offer in the Seller's Store, aiming directly at the conclusion of a distance Contract of Sale via the Online Store specifying the type and number of Goods, place and method of their delivery and a method of payment, which are the subject of the Contract of Sale.
Obligations of the Parties
1. The Customer shall use Services delivered by the Seller in accordance with the provisions of applicable law on the territory of the Republic of Poland and the provisions of the Terms and Conditions.
2. Goods delivered by the Seller shall be free from defects.
3. If the Buyer in the Contract of Sale is a Consumer, the Seller shall deliver the Goods immediately, not later than within 30 days from the conclusion of the Contract of Sale, unless otherwise stated in the latter (e.g. if the description of the Goods specifies a different date of delivery).
1. Information about the Goods and their prices in the Online Store do not constitute an order within the meaning of Article 66 of the Civil Code, but are an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. The Customer may place Orders for Goods from the current offer of the Online Store 7 days per week and 24 hours per day (with the exception of events, during which the Online Store is unavailable due to technical issues), without prior Registration. The Customer may register online by choosing the "LOG IN" option on the Store's website or during the process of Order placement. In the case of placing an Order without registration, it is required to provide the data necessary for the implementation of the Order.
3. In order to conclude a Contract of Sale through the Online Store, the Customer needs to visit the website of the Store, and then select the desired Goods, add the Goods to the basket and place an Order by completing a series of technical steps, as instructed by on-screen guidelines and notifications.
4. The condition of placing an effective Order and concluding a Contract of Sale is reading and accepting the Terms and Condition by the Customer. Placing an Order is tantamount to accepting these Terms and Condition.
5. A Contract of Sale is concluded once the Order is placed.
Prices, payment and delivery
1. Prices in the Store are listed next to each of the Goods and quoted in Polish zlotys as gross amounts, i.e. with the VAT included, calculated according to the rate during the moment of placing the Order by the Customer.
2. Prices of the Goods do not include delivery costs, which shall be indicated in each case in the process during Order placement. The total value of the Order includes the price of the Goods and delivery costs, if the delivery costs are incurred by the Customer.
3. Orders are delivered though a courier service; the Customer may also choose to pick up the Goods in person in a chosen Diverse Store.
4. All available payment and delivery options are described in greater detail at https://store.dakar.com/en/shop/delivery-terms
5. The Customer may choose from the following payment options:
a. by the website przelewy24.pl (provided by PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Registry of Entrepreneurs of the National Court Register at the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register, under the numbers: KRS 0000347935, NIP 7792369887, Regon 301345068), hereinafter referred to as "przelewy24.pl" by bank transfer or credit/debit card, regulations for the provision of payment services: https://www.przelewy24.pl/regulamin
b. via the BLIK code payment system, regulations of the BLIK payment system: https://blik.com/dokumentacja
6. If the Customer chooses to pay for the order by choosing options described in § 5 paragraph 5 points from a) to d), the payment has to be made within three (3) hours since placing the Order. Payment is understood as the receipt of funds to the Seller's bank account or the Seller's receipt of appropriate confirmation from the payment operator. If the payment is not made within the time limit specified above, the Order shall be automatically cancelled. Placing the Order shall require its re-submission, but depending on the availability of the Goods.
7. The Order shall be dispatched immediately upon the conclusion of the Contract of Sale; if payment is made by bank transfer (pre-payment) or through the service indicated in § 5 paragraph 5 points from a) to d), shipment shall be processed after the payment has been credited to the account of the Seller.
8. In the case of the COD payment option, the Customer is obliged to collect and make the payment (including shipment costs) directly to the courier who delivers the parcel. In case of evading the payment for the delivered parcel by the the Customer, i.e. in the event of the Customer's non-performance of the Contract of Sale, the courier service shall return the parcel to the Seller (after no more than 14 days from the first delivery attempt). In such event, i.e. in the event of the non-performance of the Contract of Sale by the Buyer, the Seller may call on the Buyer to fulfil the terms of the Contract, as well as claim compensation for any damages resulting from its non-performance, and in particular, demand that the Client cover the costs of delivery and return of the parcel and the call to perform the contract (payment).
9. By accepting these Terms and Conditions, the Customer requires and accepts issuing the invoice by the Seller with provided data as the document confirming the conclusion of the Contract of Sale. Simultaneously, the Customer agrees to receiving the invoices, correction invoices and copies of those documents in electronic form via e-mail address provided during the registration process or during placing the order (in the case of Orders without Registration).
10. In the event that the Order cannot be processed fully or partially, especially due to lack of the given Goods in the Seller’s warehouse, or ascertainment of physical defects by the given Goods, not indicated to the Customer, the Customer will be notified about thereof in the electronic form via e-mail, and the Order shall be – partially or fully - cancelled. If the Customer has already made a payment for that Order, the amount of money to the extent in which the Order will not be completed will be immediately returned to the Customer via the same payment option that was chosen by the Customer when paying for the Order.
Receipt of Goods
11. Upon receipt of the consignment with the ordered Goods, we recommend that the Customer should inspect the parcel and indicate that in the event of finding:
a. mechanical damage to the contents of the consignment,
b. its incompleteness of the package, or,
c. a discrepancy between its content and the Order,
The Consumer has the right to refuse it. In such event, we suggest that writing down remarks or a note of the incident in the presence of the deliverer and immediately notify the Seller of the situation. It is advisable to draw up a shipping damage report in the presence of the courier in any case of damaged delivery.
12. Customer who is not Consumer shall inspect the content of the parcel at the moment of delivery, and if the packaging shows signs of damage or tampering by third parties, refuse to accept it, draw up a shipping damage report in the presence of the courier, and bring the fact to the knowledge of the Customer Service Department, either by telephone (+48 58-5000829 Mon through Fri from 9 am until 3 pm) or by e-mail (firstname.lastname@example.org). Complaints relating to mechanical damage of the Goods during delivery will be considered only if a damage report is written down and signed by the Buyer who is not a Consumer and the courier who delivers the parcel.
13. The Seller recalls that pursuant to art. 548 § 1 of the Civil Code, at the moment of delivery of the sold Goods, benefits and burdens associated with the item (Goods) pass to the buyer (Customer), as well as the danger of its accidental loss or damage are transferred to the item (Goods).
14. If the Goods are to be sent by the Seller to the Consumer, then the risk of accidental loss or damage to the Goods passes to the Consumer at the moment of the Goods delivery to the Consumer.
15. In any case of the Seller informing about lowering the price of the Good or Service, next to the information about the lowered price, an information formulated as „Lowest price from 30 days before discount” is included, which informs about the lowest gross price of this Good or this Service, which was valid during the period of 30 days before introducing a discount for this Good or Service, or during the period from the date of commencement of offering this Good or this Service for sale until the date of introduction of the discount, if this Good or Service is offered for sale for a period shorter than 30 days („Lowest price from 30 days before discount”).
The Seller may organize periodic promotions in the Online Store. The conditions of each shall be specified in a separate set of Promotion Regulation. In case of conflict between the provisions of the Promotion Regulations and these Terms and Conditions, the provisions of the Promotion Regulations shall prevail.
Consumer's right to withdraw from the Contract of Sale (return of Goods)
1. The Consumer may withdraw from the Contract of Sale, without the need to present any reason, by filing a written statement, within 14 (fourteen) days, counted from the moment in which the Consumer or a third party (other than the courier) designated by the Consumer - comes into possession of the Goods, or, in the case of Contract of Sale that involves multiple items (Goods) that are delivered separately, in batches, or in parts - from the moment when he/she comes into possession of the last item, batch, or part. It is sufficient to send the appropriate statement before the expiry of the time limit to the e-mail address email@example.com or the correspondence address of the Seller: “ETOS” S.A. ul. Bysewska 23, 80-298 Gdańsk..
2. The statement mentioned in section 1 above may also be made using the form whose template constitutes Attachment No. 1 to these Regulations and Attachment No. 2 to the Act.
3. In the case of withdrawal from the Contract of Sale of Goods concluded remotely, the Contract of Sale is considered as not concluded.
4. If the Consumer/Entrepreneur with consumer rights made a statement of withdrawal from the Contract of Sale before the Seller has accepted his/her offer, the offer ceases to be binding.
5. The Consumer/Entrepreneur with consumer rights also has the right to return purchased products in the Online Store, in any Diverse store in the territory of the Republic of Poland.
6. The Consumer/Entrepreneur with consumer rights shall be obliged to return the Goods to the Seller or transfer them to a person authorised by the Seller to collect them promptly, however, no later than 14 days from the date of withdrawal from the Contract of Sale, unless the Seller proposed that the Seller collect the Goods himself. In order to meet the deadline it is sufficient to send back the Goods before its expiry. The Goods shall be packed in a manner which guarantees their safe transport..
7. The Consumer/Entrepreneur with consumer rights shall bear the direct costs of returning the Goods (cost of sending back/returning the Goods to Diverse Store). If the Goods are returned by shipping, the Goods should be returned to the following address: „ETOS” S.A. - Sklep internetowy ul. Bysewska 23, 80-298 Gdańsk, Polska. The Seller does not accept shipments sent to him on delivery.
8. The Consumer/Entrepreneur with consumer rights r shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
9. The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's/Entrepreneur with consumer rights statement of withdrawal from the Contract of Sale, return to the Consumer/Entrepreneur with consumer rights all payments made by him, including the costs of delivery of the Goods, while if the Seller has not offered to collect the Goods from the Consumer/Entrepreneur with consumer rights himself, he may withhold reimbursement of payments received from the Consumer/Entrepreneur with consumer rights until receipt of the Goods back or delivery by the Consumer/Entrepreneur with consumer rights of a proof of its return, depending on which event occurs first. The Seller shall refund the costs of delivery of items to the amount corresponding to the cheapest shipping option available for the Order.
The Seller shall refund the payment using the same method of payment used by the Consumer/Entrepreneur with consumer rights, unless the Consumer/Entrepreneur with consumer rights has expressly agreed to another way of return that does not involve any costs for him.
10. If the Consumer/Entrepreneur with consumer rights has chosen a method of delivery of the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer/Entrepreneur with consumer rights the additional costs incurred by him on this account. The Seller shall not be obliged to reimburse the Consumer/Entrepreneur with consumer rights the costs of delivery of the Goods to him, if the Consumer/Entrepreneur with consumer rights has withdrawn from the Contract of Sale only in part, and the order of the Goods in the scope of which the Consumer Entrepreneur with consumer rights withdraws from the Contract of Sale did not affect the amount of delivery costs for the entire Order. In the event that the Consumer/Entrepreneur with consumer rights has withdrawn from the agreement only in part, and the order of the Goods in the scope of which the Consumer/Entrepreneur with consumer rights withdraws from the Contract of Sale affected the costs of delivery, the Seller shall be obliged to reimburse that part of the costs of delivery of the Goods to the Consumer/Entrepreneur with consumer rights, which was related to the inclusion of the given Goods.
11. We suggest attaching a proof of purchase, in order to facilitate the return process.
Statutory exclusion of the right of withdrawal from the Contract of Sale:
12. The right to withdraw from the Contract of Sale does not apply in situations referred to in Article 38 of the Act, i.e in relation to contracts:
a) for the provision of services, where the entrepreneur has performed the service in full with the express consent of the consumer/Entrepreneur with consumer rights, who has been informed before the performance of the service by the entrepreneur that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;
c) in which the object of the supply is a non-reproduced item produced to the consumer's/Entrepreneur with consumer rights specifications or to meet his individual needs;
d) in which the subject matter of the supply are items which, after delivery, because of their nature, are inseparably combined with other items;
e) in which the subject matter of the supply are items which are delivered in a sealed container, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery, in particular this applies to Goods in the form of underwear
13. In the case of other Customers who do not have the status of consumers/Entrepreneur with consumer rights, the principles and time limits for withdrawal from the contract are governed by the provisions of the Civil Code.
Warranty for physical defects of the Goods (Complaints)
1. The Seller shall be obliged to deliver Goods free from defects and shall be liable for defects of the Goods.
2. In the case of Customers who do not have the status of Consumers, the provisions of the Civil Code apply to the Seller's liability under the warranty.
3. The seller bears responsibility to the Consumer/Entrepreneur with consumer rights for non-compliance of the Goods with the contract under the terms specified in the regulations of the chapter 5a of the Act.
4. The seller bears responsibility to the Consumer/Entrepreneur with consumer rights for non-compliance of the Goods with the contract existing at the time of delivery and disclosed within 2 years thereafter.
5. We suggest enclosing a proof of purchase in order to facilitate the complaint process. The basis for the adoption of the complaint is any proof, including in particular proof of purchase of goods (receipt or invoice VAT).
6. The complaint can be lodged in any Diverse Store, the list of which is available at the link https://www.diversesystem.com/znajdz-sklep.html or sent to the address: “ETOS” S.A, ul. Bysewska 23, 80-298 Gdańsk, with the note : Complaint diversesystem.com. When lodging a complaint we suggest using the form available at the link https://store.dakar.com/pl/dla-ciebie/reklamacje .
7. If the sold Goods have a defect, the Consumer/Entrepreneur with customer rights may::
a. demand to replace the Goods with goods free from defects or
b. demand removal of defects; or
c. make a declaration to reduce the price or withdraw from the Contract of Sale, unless the Seller shall immediately and without undue inconvenience for the Customer replace the defective Goods with Goods free from defects or remove the defect. This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the goods with goods free from defects or remove defects, referred to in items a) or b) and in an event where non-compliance of the Goods with the contract persists despite that the Seller tried to bring the goods into compliance with the contract; the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract, it clearly follows from the Seller's statement or the circumstances that he will not bring about compliance with the contract within a reasonable time or without excessive non-compliance for the Consumer/Entrepreneur with customer rights.
8. In the case of observing by the Consumer of non-compliance of the Goods with the Contract of Sale (physical defect), the Consumer should send back to the Seller the claimed Goods, together with a description of non-compliance. The returned goods are returned at the Seller's expense.
9. The Seller is obliged to consider each complaint within 14 days from the date of delivery of the complained Goods. Replacement of defective goods with goods free from defects or removal of defects will take place within a reasonable time, of which the Buyer will be informed, without undue inconvenience for the Buyer. If it is found that the complaint is unfounded, the Seller returns the complained Goods along with a response to the complaint.
10. For Contracts of Sales concluded before 01 December 2023 r. the provisions of § 8 of the Regulations in the wording applicable in the version of the Regulations apply: https://store.dakar.com/en/shop/legal
Other rights and obligations
1. An agreement for the provision of services by electronic means (to use the Online Store) is concluded for an indefinite period.
2. Either Party may terminate the agreement for electronic services (for use of the infrastructure of the Store - Customer Account) at any time and without giving reasons, subject to the retention of rights acquired by the other Party before the termination of the agreement and the provisions below.
3. A Customer who has made the Registration terminates the agreement for the provision of services by electronic means by independently deleting the Account, or requesting removal of the Account to the Seller, but in the case of requesting removal of the Account to the Seller, the agreement is terminated after a period of notice of 5 days.
4. The Seller, wishing to terminate the agreement for the provision of services electronically, will inform the Customer at the e-mail address provided by the Customer during Registration, within 14 days before the planned date of deleting the Customer Account.
5. The Seller has the right to terminate the agreement for the provision of services electronically with immediate effect, possibly suspend the provision of services to the Customer, if the Customer violates the provisions of these Terms and Conditions and as a result of ineffective call the Customer to cease the above violations with a deadline of at least 3 working days. The call of the Customer is not required if its actions violate the provisions of the applicable law.
6. Complaints related to the provision of electronic services by the Seller
(excluding the Complaints mentioned in § 8 of the Regulations), in particular with irregularities in the operation of the Store can be submitted at: firstname.lastname@example.org , or in writing to the address of the Seller's registered office. The content of the complaint should specify its subject and provide the necessary contact details enabling a response to the submitted complaint. The complaint is considered within 14 days from the date of its delivery to the Seller. The deadline for considering a complaint may be extended in justified cases, of which the Seller will inform the complainant..
7. The Seller shall make it possible in each of the Diverse Stores to accept used portable batteries purchased in the Online Store (including together with the Goods in which they are used) into the provided container.
General terms of using the Online Store
1. The Seller provides the following services by the Online Store:
a) presentation of the Store's offer,
b) possibility of placing Orders for Goods available at the Online Store and thereby concluding Distance Selling Agreements,
c) possibility of using a Customer Account,
2. Access to the services referred to in item 1 points a and b above does not require Registration.
3. Access to services specified in item 1 point c above require Registration.
5. For safe use of the Online Store, it is recommended that the device used by the Customer in particular has:
a) an anti-virus system with the latest version of virus definitions and updates,
b) an effective firewall,
c) all available updates of the operating system and of the Internet browser relating to security installed,
d) activated function of accepting cookies and Java Script in the web browser,
e) software capable of reading files in PDF format.
6. When using the Online Store, the Customer is obliged not to provide or transmit illegal content and use the functionality of the Store in a manner consistent with its intended purpose, legal provisions and the provisions of the Regulations.
1. The settlement of any disputes arising between the Seller and a Customer who is a Consumer shall be subject to the competent courts in accordance with the provisions of the Code of Civil Procedure..
2. The Consumer may use out-of-court methods of settling disputes and pursuing claims in the case with the Seller. The rules for access to extrajudicial methods of resolving disputes and pursuing claims are available at the offices or on the websites of entities authorized to resolve disputes out of court, including: poviat (municipal) consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
3. At https://ec.europa.eu/consumers/odr The consumer may use the website of the system for resolving consumer disputes electronically (ODR platform). The ODR platform is an interactive and multilingual website serving consumers residing in the European Union and entrepreneurs based in the European Union seeking out-of-court settlement of disputes arising from the conclusion of a distance sales contract or contract for the provision of services.
4. Resolving any disputes arising between the Seller and a Customer who is not a Consumer is subject to the competent court for the seat of the Seller.
1. The administrator of personal data is the Seller, whose registration and contact details are indicated in the provisions of § 1 of the Terms and Conditions.
2. The Administrator has appointed a Personal Data Protection Inspector. The inspector can be contacted via e-mail at: email@example.com
3. Personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/WE (hereinafter referred to as RODO) and other generally applicable provisions.
4. Data obtained by the Administrator in the course of placing an order and concluding a Contract of Sale are processed in connection with (purposes of processing):
a) the need to perform the agreements concluded by the Customer with the Administrator, as well as actions taken prior to the conclusion of the said agreements at the request of the Customer (Article 6(1)(b) of the RODO),
b) the need to fulfil a legal obligation incumbent on the Administrator (Article 6(1)(c) RODO).
5. In the case of initiating a newsletter subscription, personal data is processed on the basis of consent to the processing of personal data for marketing purposes in connection with the sending of commercial information in the form of a newsletter (Article 6(1)(a) RODO).
6. The Customer's personal data may be processed in connection with the legitimate interest of the Administrator to secure and pursue claims (Article 6(1)(f) RODO).
7. Providing personal data is voluntary, but required to place an order, conclude a Contract of Sale and its proper implementation.
8. The Customer’s (Buyer's) personal data may be transferred, depending on the selected method of delivery of the order and method of payment, to the selected carrier or agent carrying out the shipment on behalf of the Administrator for the purpose of delivery, as well as to an entity handling electronic payments or payment card payments, to entities handling cashless payments to the Administrator, to entities concluding a consumer loan agreement with the Customer for the purchase of Goods, to entities providing hosting/server services and IT entities maintaining an online shop.
9. Personal data shall be stored for the period necessary to: (1) securing or pursuing potential contractual claims, (2) after-sales service for the Buyer (complaint handling), (3) fulfilling the legal obligation imposed on the Administrator (resulting, for example, from accounting and tax regulations). Personal data processed for marketing purposes and for purposes other than those mentioned above will be processed until the previously given consent to their processing for these purposes is withdrawn or until an objection is raised.
10. Should the Administrator plan to further process the personal data for a purpose other than the purpose for which they were collected, he shall inform the Buyer about this other purpose and provide any other relevant information before such further processing.
11. The Buyer has the right to demand from the Administrator access to his personal data, their rectification, erasure or restriction of processing, the right to object to their processing and the right to their transfer. The Buyer also has the right to lodge a complaint with a supervisory authority."
13. Personal data will be subject to automated processing including profiling for the purpose of providing services related to the performance of the contract and direct marketing. Such processing may result in the sending of contextualised advertising and the provision of information on purchase history as well as the collection of information necessary to process payments
1. The Consumer has the right to negotiate the terms of these Terms and Conditions. In order to exercise this right the Consumer should contact the Seller by mail, e-mail or telephone.
2. In matters not covered by these Terms and Conditions generally applicable relevant provisions of Polish law shall apply.
3. Customers can access to the Rules and Regulations at any time and free of charge through an online reference (i.e. link) placed on the homepage of the Shop and make a printout.
4. The Seller will notify Customers about any changes to the Regulations by e-mail at least 14 days in advance. Changes to the Regulations will enter into force after this date. If the Customer accepts the changes to the Regulations, no additional actions are required to be taken by the Customer. If the changes to the Regulations are not accepted, the Customer has the right to terminate. The customer will be asked to send a statement in this regard to the following address: firstname.lastname@example.org . Upon receipt of a declaration of non-acceptance of the new Regulations, the Seller will delete the Account held by the Customer in the online store https://diversesystem.com/. The Customer will be informed about the deletion of the Account in a separate message. For Orders placed before the changes to the Regulations come into force, the provisions of the Regulations in the wording in force at the time of placing the Order shall apply. Exclusive rights to the content made available as part of the Online Store, in particular copyrights to photos, the name of the Store, trademarks of the Seller and the producers of the Goods, the graphic elements, software and database rights contained therein are subject to legal protection and are entitled to the Seller or entities, with whom the Seller has concluded appropriate agreements. It is prohibited to copy or otherwise use any elements of the Store without the consent of the Seller.
Attachment No. 1 to the Regulations
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT OF SALE
(formularz ten należy wypełnić i odesłać tylko w przypadku chęci odstąpienia od umowy)
Bysewska Street 23
Tel. +48585000829 or +48585000825; Mon. to Fri. 9.00 am to 3.00 pm
I hereby inform about my withdrawal from the contract of sale of the following Goods:
Date of collection of the Goods: ..........................................................................................................................................
Name of Consumer: ..............................................................................................................................................
Consumer's address: ..............................................................................................................................................................
Order number: ................................................................................................................................................
Telephone number: ................................................................................................................................................
Consumer's e-mail address: ................................................................................................................................................
Account number: .................................................................................................................................
Consumer's signature (only if the form is sent on paper form).