The digishots.pl online store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under their mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. in case of any non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.
- General
- The Online Store available at the Internet address https://digishots.pl is run by Elżbieta Socharska, conducting business activity under the company DIGISHOTS entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, having: place address of operations and delivery address: ul. Poniatowskiego 17, 05-090 JANKI, NIP 5342051836, REGON 016173076, e-mail address: shop@digishots.pl, phone number: (22) 682 88 99.
- These Regulations are addressed to consumers using the Online Store
- The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes within the scope and based on the principles set out in the Regulations of the Online Store. Providing personal information is voluntary. Any person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and amend it.
- Definitions:
- Working days - days of the week from Monday to Friday, excluding public holidays
- Online Store - the Service Provider's online store available at the Internet address: https://digishots.pl
- Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality, but having legal capacity, making a purchase directly from the Seller in connection with his business or professional.
- Seller (Service Provider) - Elżbieta Socharska conducting business activity under the company DIGISHOTS entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of place of business and address for service: ul. Poniatowskiego 17, 05-090 JANKI, NIP 5342051836, REGON 016173076, e-mail address: shop@digishots.pl, phone number: (0048) 22 682 88 99
- Registration form - a form available in the Online Store that allows you to create an Account.
- Order form - electronic service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Product - an item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
- Order - Customer's declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
- Electronic payment operator - PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000274399, with share capital in the amount of PLN 4,000,000, fully paid, with a tax identification number NIP: 779-23-08-495, REGON 300523444
- Sales contract - Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
- Electronic service - a service provided electronically by the Service Provider to the Service User via the Online Store.
- Regulations - these Online Store regulations.
- Consumer Rights Act (Act) - The Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
- Civil Code - Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
- Electronic services in the online store
- Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- connection to the Internet
- web browser or relevant application
- having and providing an email address that allows you to send information about your order.
- The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing unlawful content.
- Complaint procedure:
- Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which was indicated in points 6 and 7 of the Regulations) The Service Recipient may submit, for example:
- in writing to the following address: Sklep Internetowy digishots.pl, ul. Poniatowskiego 17, 05-090 Janki
- in electronic form via e-mail to the following address: shop@digishots.pl
- It is recommended that the Service Recipient in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) the Customer's request; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
- Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
- CONDITIONS FOR CONCLUDING THE SALES CONTRACT
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store.
- The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. about the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the Online Store's pages when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
- The procedure for concluding a Sales Agreement in the Online Store using the Order Form
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order in the Online Store.
- Consolidation, protection and making available to the Customer the content of the concluded Sales Agreement is made by (1) providing these Regulations on the Online Store website and (2) sending an e-mail to the Customer. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store
- METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
- The Seller provides the Customer with the following methods of payment under the Sales Agreement:
- Payment on delivery on delivery.
- Payment in cash on delivery.
- Payment by bank transfer to the Seller's bank account.
Bank: Bank Handlowy w Warszawie S.A ..
Account number: 97 1030 0019 0109 8530 0044 6129. - Electronic payments and payments by credit card via the PAYU.PL service - possible current payment methods are specified on the Online Store's website in the 'Payment methods' tab and on the website http://www.payu.pl.
- Settlements of transactions with electronic payments and payment cards are carried out according to the customer's choice via the PAYU.PL website. Electronic payments and payment cards are managed by: PayU S.A. with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under the number KRS 0000274399, with share capital in the amount of PLN 4,000,000, fully paid, with a tax identification number NIP: 779-23-08-495, REGON 300523444
- Payment term:
- If the Customer chooses cash payment for personal pickup, bank transfer, electronic payment or payment card payment, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
- If the Customer chooses cash on delivery upon delivery, the Customer is obliged to make the payment on delivery.
- The Seller provides the Customer with the following methods of payment under the Sales Agreement:
- COST, METHODS AND DELIVERY DATE AND PRODUCT RECEIPT
- Product delivery is available on the territory of the Republic of Poland.
- Product delivery to the customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Delivery costs" tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free.
- The Seller provides the Customer with the following methods of delivery or collection of the Product:
- Postal delivery, cash on delivery
- Courier, cash on delivery.
- Personal pickup available at: ul. Poniatowskiego 17, 05-090 Janki - on Business Days from 10:00 to 18:00.
- The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. in the case of Products with different delivery dates, the delivery date is the longest given date, which may not, however, exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer counts as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses the method of payment on delivery - from the date of the Sale Agreement.
- Deadline for the readiness of the Product to be picked up by the Customer - if the Customer chooses to pick up the Product personally, the Product will be ready for pickup by the Customer within 2 Business Days, unless a shorter period is given in the description of the given Product or when placing the Order. in the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest period provided, which, however, may not exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order. The beginning of the period of readiness for the Product to be picked up by the Customer counts as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses the method of cash on personal pickup - from the date of the Sale Agreement.
- PRODUCT COMPLAINTS (APPLICABLE TO SALES AGREEMENTS CONCLUDED FROM DECEMBER 25, 2014)
- The basis and scope of the Seller's liability to the Customer, if the Product sold has a defect, are specified in generally applicable law, in particular in the Civil Code.
- The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller's liability due to a Product defect and the Customer's rights are set out on the Online Store's website in the 'Complaint' tab.
- Complaints may be submitted by the Customer, for example:
- in writing to the following address: Sklep Internetowy digishots.pl ul. Poniatowskiego 17, 05-00 Janki;
- in electronic form via e-mail to the following address: shop@digishots.pl;
- It is recommended that the customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. The Seller's failure to respond within the above deadline means that the Seller considered the complaint justified.
- In the event that it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, the Product be delivered to the Seller, the Customer will be asked by the Seller to deliver the Product at the Seller's expense to the address of Sklep Internetowy digishots.pl ul. Ponatowskiego 17, 05-090 Janki. However, if due to the type of defect, type of Product or method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to provide, after prior appointment, the Product of the Seller at the place where the Product is located. 6.7. The request to provide the Product referred to in point 6.6 of the Regulations does not affect the time limit for the Seller to respond to the Customer's complaint referred to in point 6.5 of the Regulations and does not violate the Customer's right to request the Seller to disassemble the defective Product and re-install the Product after replacing it with a product free from defects or removing the defect referred to in art. 561 [1] of the Civil Code
- If the sold Product has a defect, the Customer may submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a non-defective Product or removes the defect. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.
- EXTRAJUDICIAL WAYS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- Detailed information on the possibility for a Customer who is a consumer to use extrajudicial methods of dealing with complaints and redress as well as the rules for accessing these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include protection consumers, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The customer who is a consumer has the following examples of ways of using out-of-court complaint handling and redress:
- The customer 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 2001 No. 4 item 25 as amended), with a request to resolve the dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are set out in the ordinance of the Minister of Justice of September 25, 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
- The customer is entitled to turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the principles and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of Trade Inspection.
- The customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Consumer Association Polish). Advice is provided by the Consumer Federation under the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at email adv@dlakonsumentow.pl.
- RIGHT OF WITHDRAWAL FROM THE CONTRACT (APPLICABLE TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
- A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract can be made, for example:
- in writing to the following address: Sklep Internetowy digishots.pl ul. Poniatowskiego 17, 05-090 Janki;
- in electronic form via e-mail to the following address: shop@digishots.pl;
- An example template of the withdrawal form is provided in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Withdrawal from the contract" tab. The consumer may use the template form, but it is not mandatory.
- The deadline to withdraw from the contract begins:
- for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: ( 1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a specified period - from taking possession of the first of the Products;
- for other contracts - from the date of the contract.
- In the event of withdrawal from a distance contract, the contract is considered null and void.
- The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method chosen by the Customer delivery other than the cheapest usual delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of his return, whichever occurs first.
- The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: Sklep Internetowy digishots.pl ul. Poniatowskiego 17, 05-090 Janki;
- The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
- If the consumer has chosen a method of delivery of the Product other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
- The consumer bears the direct cost of returning the Product.
- In the case of a Product which is a service whose performance - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is required to pay for the services fulfilled until the withdrawal from agreement. The amount of payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
- The right to withdraw from a distance contract is not entitled to 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, who was informed before the start of the service that after the performance of the service by the Seller he 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 to withdraw from the contract;
- in which the subject of the service is a non-prefabricated product, manufactured according to the specifications of the consumer or serving to satisfy his individual needs;
- in which the subject of the service is a Product that deteriorates quickly or has a short shelf life;
- in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are Products 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 Agreement, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;
- in which the consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal is entitled to the consumer in respect of additional services or Products;
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
- for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
- concluded through a public auction;
- for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
- for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after the Seller informs him about the loss of the right to withdraw from the contract.
- A consumer who has entered into a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract can be made, for example:
- PERSONAL DATA in the ONLINE STORE
- The administrator of the personal data of Service Recipients / Customers collected via the Online Store is the Seller.
- Personal data of Service Recipients / Customers collected by the administrator via the Online Store are collected - in accordance with the will of the Service Recipient / Customer - in order to implement the Sales Agreement or contract for the provision of Electronic Services.
- Possible recipients of personal data of Online Store Customers:
- 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 agent performing the shipment on behalf of the Administrator.
- In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the Customer's personal data collected to the selected entity operating the above payments in the Online Store.
- The Service Recipient / Customer has the right to access their data and amend it. A request in this regard can be made, for example:
- in writing to the following address: Sklep Internetowy digishots.pl ul. Poniatowskiego 17, 05-090 Janki;
- in electronic form via e-mail to the following address: shop@digishots.pl
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement or contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or a contract for the provision of Electronic Services are also indicated each time on the Online Store website before the conclusion of the contract.
- FINAL PROVISIONS
- Agreements concluded via the Online Store are concluded in Polish.
- Change of Regulations:
- The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
- In the event of continuous contracts being concluded under these Regulations (e.g. provision of Electronic Services - Account), the amended regulations shall bind the Service Recipient, if the requirements specified in art. 384 and 384 [1] of the Civil Code, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days of the date of notification. in the event that a change in the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
- In the case of conclusion of contracts other than continuous contracts pursuant to these Regulations (e.g. Sales Agreement), changes to the Regulations will not in any way affect the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of amendments to the Regulations, in particular amendments to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or executed.
- 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 of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of applicable law.