Regulations of the Website
§ 1. Introductory provisions
- These Regulations define the rules for concluding distance contracts, including the submission and implementation of Orders, as well as complaints and return of the purchased product.
- These regulations apply to orders placed from January 16, 2021 and supersede all existing Regulations for the provision of electronic services and the regulations of the Online Store.
- The website and online store operating at www.di-emem.pl is run by EMEM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łazy, ul. Turkusowa 7/2, 05-552 Magdalenka, entered into the National Court Register by the District Court for the capital city of Warsaw in Warsaw, XIV Commercial Division of the National Court Register under KRS number: 0000730219, NIP: 1231396978, REGON: 380081981. Place of business and address for deliveries: ul. Turkusowa 7/2, 05-552 Lazy. Electronic mail address (e-mail): email@example.com, tel. +48 602 340 769.
- All Products offered at www.di-emem.pl are new, free from physical and legal defects and have been legally placed on the market. If the new Product has damage or defects that do not make it unfit for use, information about it will be provided in the Product description. If the Product has been used, this will be clearly indicated in the Product description.
- The subject of the service referred to in these Regulations is the sale of Products specified on the website www.di-emem.pl in electronic form of communication between the parties.
- These Regulations are addressed both to Consumers and Entrepreneurs who are Customers of the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
- The website and the www.di-emem.pl Store operate on the terms set out in these Regulations.
- Each Customer, upon taking steps to use the Electronic Services of the Website and the Store www.di-emem.pl, is obliged to comply with the provisions of these Regulations.
- The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
- The Website and Store www.di-emem.pl sells Products and Services via the Internet in Poland and other countries.
- When purchasing certain Products, the Customer must be an adult with full legal capacity.
- All trade names, Product names, company names and their logos used on the website www.di-emem.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the website www.di-emem.pl are used for information purposes.
- In matters not covered by these Regulations, the following provisions shall apply:
- Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204 as amended),
- The Act on consumer rights of 30 May 2014 (Journal of Laws of 2014, item 827),
- The Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
§ 2. Definitions
- Consumer - a natural person concluding a contract with the Seller as part of the Online Store, the subject of which is not directly related to its business or professional activity.
- Customer - a natural person who intends to conclude or has concluded a Sales Agreement with the Seller.
- Seller - EMEM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łazy, ul. Turkusowa 7/2, 05-552 Magdalenka, entered into the National Court Register by the District Court for the capital city of Warsaw in Warsaw, XIV Commercial Division of the National Court Register under the KRS number 0000730219, NIP: 1231396978, REGON: 380081981.
- Store - an online store run by the Seller at the internet address www.di-emem.pl.
- Website - Consulting and advisory services offered via the website www.di-emem.pl.
- Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
- Regulations - these Store regulations.
- Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
- Account - a set of information stored in the IT system regarding a given Customer and Orders placed by him, access to which requires a login and password.
- Registration Form - a form available in the Store that allows you to create an Account.
- Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
- Cart - an element of the Store's software, in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products, payment methods, delivery methods.
- Product - a movable item or service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
- Price - means the gross price of the Goods, placed next to the information about the Goods. The prices are expressed in Polish zlotys and include the current VAT tax.
- E-mail - e-mail address.
- Newsletter - an Electronic Service that allows the Customer to subscribe to and receive free information from the Seller regarding the Products and content available in the Store to the e-mail address provided by the Customer.
- Chat - an Electronic Service made available to Customers, enabling conversations between currently logged in Customers and the Seller's representatives .
- Loyalty Program - a program made available by the Seller that rewards each purchase with points (in proportion to the amount spent), which the Customer can then exchange for a rebate code.
§ 3. Type and scope of Electronic Services
- The Seller enables the use of Electronic Services via the Store, such as:
- concluding Product Sales Agreements,
- keeping an Account in the Store,
- posting opinions and comments.
- The provision of Electronic Services to Customers in the Store takes place under the conditions specified in the Regulations.
- The Seller has the right to post advertising content on the Store's website. This content is an integral part of the Store and the materials presented therein.
- The Customer is obliged to use the Store in a manner consistent with the law and morality with respect for personal rights and intellectual property rights of third parties.
- The customer is obliged to enter data in accordance with the facts, in particular to provide a true and current e-mail address at which it will be possible to confirm the Order.
- The Customer is prohibited from providing illegal content.
- Reviews and opinions provided by customers are accepted by the Seller before being published on the Store's website. The Seller reserves the right to refuse to publish or remove opinions, the nature of which may violate the provisions of the Regulations, provisions of generally applicable law or principles of social coexistence and good manners, in particular when they contain elements:
- commonly considered offensive or vulgar,
- of a pornographic or erotic nature,
- bearing the hallmarks of crimes or acts of unfair competition,
- infringing copyrights and intellectual property rights,
- misleading other customers.
§ 4. Contact with the Store
The Customer may contact the Seller using the addresses and telephone numbers provided in this paragraph from Monday to Friday from 8.30 am to 4.00 pm.
- Seller's address: EMEM Sp. z o. o., ul. Turkusowa 7/2, 05-552 Lazy
- Seller's e-mail address: firstname.lastname@example.org
- Seller's telephone number: +48 602 340 769
- Contact form on the Store's website in the "Contact us" tab
§ 5. Technical requirements
To use the Store, including viewing the Store's assortment and placing Orders for Products, you must:
- terminal device with access to the Internet and a web browser such as Google Chrome, Microsoft Edge, Internet Explorer, Firefox,
- an active e-mail account (e-mail),
- enabled cookies and Java Script,
- Flash Player installed.
§ 6. General information
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 7 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
- The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing will to be bound by the Sales Agreement.
- In the case of an Agreement including subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
- When the nature of the subject of the Agreement does not allow, judging reasonably, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.
- By accepting the Regulations, the Customer making the purchase agrees to the Seller to issue and send a sales document, including VAT invoices, in accordance with the Act of March 11, 2004 on tax on goods and services. The consent to receive the sales document in electronic form is tantamount to resignation from receiving the sales document in the paper form. The seller issues and sends the sales documents in electronic form to the e-mail address provided by the customer in the order form.
§ 7. Creating an Account in the Store
- To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following customer data:
- first name and last name,
- e-mail adress,
- Phone number,
- In the process of registering the Account, the Customer independently determines and enters login and password.
- Account registration also requires the Customer to accept:
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 4.
§ 8. Newsletter
- The Customer may consent to the Seller's subscription to the Newsletter.
- The subscription to the Newsletter is made by the Customer by selecting the appropriate option in the registration form or directly on the Store's website by entering the Customer's e-mail address and confirming with the "Subscribe" button or equivalent.
- Newsletter subscription is voluntary and free of charge.
- The subscription to the Newsletter is provided for an indefinite period of time, the Customer may cancel it at any time and without giving any reason by sending a relevant request to the Seller via e-mail to the Seller's e-mail address indicated in § 4 of the Regulations or by clicking on the link provided in the message sent in as part of the newsletter.
§ 9. Order submission rules
- The Customer may place an Order for Products available in the Store 7 days a week, 24 hours a day.
- Orders are accepted via the website www.di-emem.pl.
- In order to place an Order:
- log in to the Store (optional),
- select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent),
- log in or use the option of placing an Order without registration,
- if the option of placing an Order without registration has been selected - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient's details,
- choose one of the available payment methods and, depending on the method of payment, pay for the Order within a specified period, subject to § 11 point 3,
- click the "Order with payment obligation" button.
§ 10. The rules of the Loyalty Program
- By placing an Order in the Store, the Customer joins the program provided by the Seller.
- The program consists in awarding each Customer's purchase with points in proportion to the amount spent, which the Customer may exchange for a rebate code at the next Order, subject to § 10 point 5.
- For each PLN 10 spent, the customer receives 1 point. Each point is PLN 0.1 in the rebate code.
- Points are also awarded for the purchase of Products at promotional prices.
- Points are awarded for delivered Orders (collected by the Customer).
- The rebate code generated under the Loyalty Program cannot be used with other rebate codes.
- Points are valid for 180 days from the date they are awarded.
- The status of points can be checked by the Customer after logging in to his Account in the "My Loyalty Points" tab.
§ 11. Information about promotions
- The Store's website may contain information about current promotions.
- The promotion may depend on the provision of a discount code when placing the order.
- In the event that the subject of the Order covered by the promotion is a specific set of Products, the Customer's withdrawal from the Agreement may only apply to the entire set of Products. It is not possible to resign from individual Products included in a specific promotional set.
- Promotions in the Store cannot be combined, unless the regulations of a given promotion provide otherwise.
- Promotions may be carried out, among others: for a specified period, until the stock of promotional Products is exhausted or until further notice.
- If the terms of the promotion stipulated a limited pool of Products covered by the promotion, such promotion is valid until the pool of Products provided for it is exhausted.
§ 12. Available methods of delivery and payment
- The Customer may use the following methods of delivery or collection of the ordered Product:
- parcel post,
- courier delivery,
- parcel locker delivery,
- Personal pickup available at the address and during the Store's working hours specified in § 4 after prior appointment with the Seller.
- The customer can use the following payment methods:
- electronic payments
- payment by credit card
- payment by bank transfer to the Seller's account
- Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 13. Performance of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 8 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- In the case of payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment immediately, no later than within 3 calendar days from the date of the Sale Agreement - otherwise the order will be canceled.
- If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 6 of this section), in the manner chosen by the Customer when placing the Order.
- The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
- the time for completing the Product is from 1 to 14 business days,
- the delivery of the Product by the carrier takes place on the date declared by the carrier.
- When ordering Products with different delivery times:
- the delivery date is the longest given date.
- The customer has the option of requesting delivery of Products in batches or delivery of all Products after completing the entire order.
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card, the beginning of the period of delivery of the Product to the Customer is counted from the date of crediting the Seller's bank account.
- If the Customer selects a personal Product collection, the Product will be ready for collection
by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the e-mail address provided by the Customer when placing the Order.
- In the case of ordering Products with different terms of readiness for collection, the Customer has the option of collecting the Products in batches (depending on their readiness for collection) or collecting all Products after completing the entire order.
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card, the start of the Product readiness for collection by the Customer is counted from the date of crediting the Seller's bank account.
- Product delivery takes place in Poland.
- The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the "Delivery methods" tab and in
when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
- Delivery of the Product outside Poland requires prior arrangement between the Seller and the Customer of the method and cost of delivery to a specific country.
- In the case of execution of the Order from outside Poland or traveling abroad with the Product purchased in the Store, the responsibility of owning and using certain categories of Products (e.g. CO2 airguns, ASG) and knowledge of local law, and thus the obligation to comply with it, rests with the Customer.
- Personal collection of the Product by the Customer is free of charge.
§ 14. The right to withdraw from the contract
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
- In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
- In the case of an Agreement that consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
- The consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. To meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of this period.
- The statement may be sent by traditional mail or by e-mail by sending the statement to the Seller's e-mail address. The statement may be submitted on the form, the specimen of which is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not mandatory.
- If the Consumer sends the statement by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
- Consequences of withdrawal from the Agreement:
- in the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
- in the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
- The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not entail any costs for him.
- The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
- The consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
- The consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
- The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the cost of returning the Product, will be included in the Product description in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, 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 to withdraw from the Agreement,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract.
§ 15. Complaint and warranty
- The Sale Agreement covers new and used Products. The condition of each used Product is described in detail on the Store's website.
- The seller is obliged to provide the customer with an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
- Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
- It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer's request in connection with the defect of the goods
- The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.
- Products sent as part of the complaint procedure should be sent to the address given in § 4 of these Regulations.
- If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 16. Out-of-court ways of dealing with complaints and redress
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection:
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Trade Inspection , in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding
amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include protection
consumers (including the Consumers' Federation, the Association of Polish Consumers).
§ 17. Personal data in the Store and the Website
- The administrator of personal data of Customers collected via the Online Store is the Seller.
- Customers' personal data is collected by the Administrator via the Online Store in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
- The recipients of the personal data of the Customers of the Online Store may be:
- in the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
- in the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.
- The customer has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 18. Intellectual property
- The Seller declares that all content made available to the Customer in the Store www.olimark.pl, including these Regulations, is protected by intellectual property law, in particular copyright. All rights not directly granted to the Customer under the provisions of the Regulations are reserved.
- In particular, it is forbidden to copy, reproduce, transmit, make changes, as well as publicly play the content made available without the written consent of the Seller, unless it results from separate agreements or applicable law.
§ 19. Final provisions
- Agreements concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to amend the Regulations for important reasons, that is:
- changes in the law,
- changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular:
- The Civil Code;
- the act on the provision of electronic services;
- the act on consumer rights,
- the Personal Data Protection Act.
- The customer has the right to use out-of-court complaint and investigation methods
claims. To this end, he may submit a complaint via the EU ODR online platform
available at: http://ec.europa.eu/consumers/odr.
Appendix no. 1
FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Name and surname of the consumer (s)
Entrepreneur's name and address
ABOUT THE WITHDRAWAL FROM THE CONTRACT
I / We (*) ………………………………………… .. hereby inform / inform (*) about my / our (*) withdrawal from the contract for the sale of the following products (*) / contract for provision of the following Services (*):
…………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… ……………………………………………………… …………………………………………
Date of conclusion of the contract (*) / receipt (*): ………………………………… ………………………………………………………………… ……………………………………………………
Bank account number for the return of funds **: …………………………………… ……………………………………………………………………… ………………………
Account holder: …………………………………………………………………………………………………………………………… …………………………………………………………
signature (s) of the consumer (s)
(only if the form is sent in paper version)
(*) Delete as appropriate
(**) As long as it is different from the bank account from which the payment was made