DOKI INTERNET SHOP
TERMS AND CONDITIONS

 

§ 1
GENERAL PROVISIONS

  1. The internet shop https://doki.com.pl called doki is managed by Jarosław Szymański, an entrepreneur conducting his business activity under the name Studio 1:1 Jarosław Szymański with its registered office in Gdańsk (Poland).
  2. These Terms and Conditions specify the activity of the doki internet shop, and in particular, terms and conditions governing trade transactions as well as Studio 1:1’s and the Client’s rights and obligations, whereas, within the scope of electronically supplied services, it is the Terms and Conditions which is mentioned in art 8 of the Electronically Supplied Services Act dated 18 July 2002 (consolidated text Journal of Laws of 2017, item 1219, as amended).
  3. Definitions:
    • Terms and Conditions – the hereby doki Internet shop Terms and Conditions;
    • Studio 1:1 – Jarosław Szymański, conducting business activity under the name Studio 1:1 Jarosław Szymański with its registered office in Gdańsk (80-178) at ul. Franciszka Mamuszki 41 (Poland), NIP 9570518017, REGON 192638512, registered at the Central Registration and Information on Business kept by the Ministry of Entrepreneurship and Technology, email address: studio@studio1do1.pl, phone no: +48 (58) 712-92-00 (open on Business Days between 8:30 and 14:30);
    • doki – an Internet shop, owned by Studio 1:1, where retail trade of goods takes place via the website doki.com.pl within the territory of Poland, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Holland, Lithuania, Latvia, Germany, Slovakia, Sweden, Hungary, Great Britain, Italy and Norway;
    • Client – a natural person with full capacity to perform acts in law, and in cases provided for by generally binding regulations, also a natural person with limited capacity to perform acts of law, body corporate or an organization being a non-corporate entity, yet having full capacity to perform acts of law, using doki services;
    • Consumer – client being a natural person, who purchases Products at doki which are not directly linked to his/her business activity or profession;
    • Client’s Account – a record of client’s personal data, covering at least: company name or first name and surname of the Client, NIP no (tax identification number) (in case of a Client who is not a Consumer), Client’s address, delivery address, email address, contact telephone no, including order history and rights granted by doki;
    • Products – products, which Client may buy at doki, including Customised Products;
    • Customised Product – a product which was customised and given individual characteristics by Studio 1:1 according to the Client’s order, e.g. dimensions other than standard ones specified by the Client, colour other than the standard one;
    • Electronically Supplied Service – services supplied free of charge by Studio 1:1 to the Client, without simultaneous presence of the parties (remotely), by transferring information on individual request of the Client, sent and received through electronic processing equipment, including digital compression and data storage, which is fully uploaded, downloaded and transmitted by a telecommunication network under the provisions of the Telecommunication Act dated 16 July, 2004 (consolidated text: Journal of Laws dated 2017, item 1907 as amended);
    • Order – a statement of will sent to Studio 1:1 with the aim of concluding a Sales Contract for Products selected by the Client, between Studio 1:1 as a Seller and Client as a Buyer;
    • Order Acceptance – statement of will by Studio 1:1, which is equal to acceptance of the Order made by the Client and resulting in the conclusion of the Sales Contract;
    • Sales Contract –Sales Contract concerning Products sales, concluded remotely, i.e. via the doki shop, between Studio 1:1 and a Client;
    • Basket – Shop doki’s functionality, serving the purpose of making Orders by the Client, which enables the Client to add Products selected by the Client with the aim of purchase, including their quantity, prices, total price, Client’s data, delivery data, means of payment, invoicing data;
    • Business days – days of the week from Monday to Friday, except public holidays.
  4. Terms and Conditions are made accessible to the Clients free of charge at any time at the doki website, at the “Terms and Conditions’ tab. Moreover, the Terms and Conditions may be made accessible in such a way which makes it possible to download, retrieve and record the wording of the Terms and Conditions with the help of an ICT system used by the Client.
  5. Sales contracts at doki are always concluded in the Polish language.

 

§ 2
HOW TO USE THE ONLINE SHOP DOKI

  1. Before the Client starts using doki he is obliged to become familiar with the doki Terms and Conditions and the fact of starting to use the service equals to the acceptance of all its provisions. Terms and Conditions are an integral part of the Sales Contract concluded with the Client.
  2. The Client may only use doki in accordance with its purpose. Doki must not be used for purposes other than it is aimed for, in particular for sending out spam, conducting any kind of commercial, advertising or promotional activity, or any activity of any other nature which is not in accordance with its purpose, on the doki website.
  3. The Client is obliged to refrain from any kind of activity which would have impact on the doki’s functionality, including, in particular, any interference in the content of the doki website or its technical components, as well as from providing content which infringes legal regulations, or rights of any entities, or is contrary to the accepted custom.
  4. Orders at doki can be made 24 per day, all days in the year.
  5. The Client is able to contact a doki’s employee, report any problems related to the doki functionality or lodge complaints via email sent to the following address: info@doki.com.pl or by traditional mail to the address: Studio 1:1 Jarosław Szymański, ul. Franciszka Mamuszki 41, 80-178 Gdańsk, Polska.
  6. Any photographs, visualizations, drawings, descriptions or other materials concerning the Products which are available on the doki’s website, constitute an exclusive property of Studio 1:1 or partners cooperating with Studio 1:1 and due to this fact, they are under protection under relevant legal regulations.
  7. Any copying, distribution or any other use of photographs, visualizations, drawings, descriptions or other materials concerning Products, without previous written consent on the side of Studio 1:1, constitutes a breach of Studio 1:1’s or partners’ cooperating with Studio 1:1 rights protected in particular under the provisions of the Civil Code, the Act of 4 February, 1994 on Copyright and related rights (consolidated text Journal of Laws of 2017, item 880 as amended) or other legal regulations.

 

§ 3
ELECTRONICALLY SUPPLIED SERVICES

  1. In connection with running doki, Studio 1:1 supplies services electronically to its clients free of charge under the provisions of these Terms and Conditions.
  2. Electronically supplied services are:
    • Establishing and holding the Client’s Account – within the scope necessary for placing, recording and realization of Orders and storing Order history;
    • Basket and adding Products to the Basket – within the scope that makes it possible for the Order to be placed and modified, as far as the kind, quantity of Products, prices, Client’s data, data for delivery, method of payment, invoicing data, and order status monitoring is concerned (excluding the Delivery Note number);
    • Newsletter – informing the Client, after their previous consent, through electronic mail about the up-to-date offer, news, promotions, sales or changes in the internet shop doki;
    • Placing reviews – making it possible for the Client to express their opinion about Products at the doki website.
  3. In order for the Client to cooperate with the ICT system which is used by Studio 1:1, and to use the electronically supplied service, the Client needs to fulfil the following technical requirements:
    • User’s device (computer, laptop, tablet, smartphone, etc.) with access to the Internet;
    • Operation system – MS Windows, version NT 6.2 or higher;
    • Processor at least 1GHz or more with PAE, NX and SSE2 support;
    • RAM at least 1 GB (32-bit version)or 2 GB (64-bit version);
    • Browser – Internet Explorer version IE10 or higher, or Mozilla Firefox version 5 or higher, or Chrome version 43.x or higher, or Opera version 9.6 or higher, or any other internet browser with enabled JavaScript;
    • Active email account.
  4. Any kind of interference by the Client into the content of the doki website or its technical elements, or supplying by the Client any content of illegal nature is strictly forbidden.
  5. Electronic Service Agreement is concluded the moment the Client starts using particular electronically supplied services which are mentioned in point 2, where in case of setting up and holding the Client’s Account and Newsletter is for an indefinite period of time and in case of Basket and adding Products to the Basket and placing reviews – for a definite period of time necessary for the performance of a given service. The Client may terminate the Contract for electronically supplied services at any time by:
    • deleting the Client’s Account or unsubscribing from the Newsletter;
    • stopping the use of the service: Basket or adding Products to the Basket or placing reviews.
  6. The Client has the right to lodge complaints about the electronically supplied services. In order to do that, a written notification should be sent to the following address: Studio 1:1:, or via electronic mail to the address: info@doki.com.pl, including a description of a fault, date of finding out the fault, including contact details. Any complaints will be reviewed by Studio 1:1 within 14 days from a complaint delivery. Studio 1:1 will inform the Client within the above term about the result of a complaint review in the same form in which the complaint was placed.

 

§ 4
CLIENT’S ACCOUNT

  1. In order to make purchase at doki, the Client is obliged to set up a Client’s Account.
  2. In order to set up a Client’s Account and for order processing purposes, a set up form including name (company name) / first name and surname, NIP no (if a Client is not a Consumer), Client’s address, email address, contact telephone no, should be filled in and a password allowing access to the Client’s Account should be established before the first purchase is made. The email address provided by the Client shall be the login to the Client’s Account.
  3. In order to set up a Client’s Account the Client needs to read the Terms and Conditions, accept them and express his consent to personal data processing (Privacy Policy) at least in the scope required for the conclusion, formulation of wording, amendments, termination and appropriate implementation of the Sales Contract for electronically supplied services.
  4. Setting up a Client’s Account is free from any fees.
  5. Setting up a Client’s Account does not oblige the Client to make a purchase of Products at doki.
  6. Log in at the Client’s Account at the doki website takes place with the help of login and password established during the process of setting up a Client’s Account. After setting up a Client’s Account, until its deletion, the Client is entitled to make changes in the password to the Client’s Account at any time.
  7. The Client may at any time make changes in their details after signing in to the Client’s Account in the My Account and My Addresses tab.
  8. While setting up the Client’s Account and making any changes in the data, the Client is obliged to provide true data.
  9. The Client is entitled to delete the Client’s Account. In order to delete the Client’s Account a statement must be sent via email from the email address provided while setting up the Client’s Account, or an address changed according to the Terms and Conditions, or a written demand must be sent via traditional mail to Studio 1:1 for the Client’s Account to be deleted.
  10. The Client is obliged to keep secret of the login and password to his Client’s Account at doki.
  11. Doki shall not turn to the Client with a request to provide the password to the Client’s Account at any time.

 

§ 5
BASKET AND ADDING PRODUCTS TO THE BASKET

  1. Any Client who has a Client’s Account can use the Basket service and add Products to the Basket in order to place an Order.
  2. Order modification is possible in the Basket, including deleting Products from the Basket, until the tab „Purchase Order with obligation to pay” is pressed.

 

§ 6
NEWSLETTER

  1. Any Client who has a Client’s Account and has expressed his consent to receive Newsletter and to have his personal data processed, can use the Newsletter service.
  2. Newsletters are sent periodically to the email address provided by the Client in the Client’s Account.
  3. The Client may, at any time, opt out from the Newsletter delivery by resigning from the subscription by clicking a link provided with each email sent within the Newsletter service, or by ticking an appropriate field in the Client’s Account.

 

§ 7
SENDING REVIEWS

  1. The Sending Reviews service means that Studio 1:1 makes it possible for the Clients who have a Client’s Account to publish individual Client’s reviews concerning the Products on doki website.
  2. Opting out from the service of placing reviews is possible at any time and means that a Client stops placing contents at doki.
  3. Studio 1:1 is entitled to remove reviews which breach the binding law regulations, or accepted principles of morality, including ones expressed in vulgar language, infringing third parties’ or the Studio 1:1’s rights or unconnected to a Product next to which they were published.

 

§ 8
PRODUCTS

  1. All Products sold at doki are brand new.
  2. Studio 1:1 is obliged to deliver Products free of any faults to the Products Consumer.
  3. Individual settings of users’ devices (computer, laptop, tablet, smartphone, etc.) may cause differences between the colour of a Product shown on the user’s device and the real colour of the Product.

 

§ 9
PLACING AN ORDER, SALES CONTRACT CONCLUSION

  1. Information concerning Products in doki is an invitation to conclude a Sales Contract as understood by art. 71 of the Civil Code; the above information shall not constitute an offer of Studio 1:1 under the Civil Code. Therefore, the mere placement of an Order shall not mean immediate conclusion of a Sales Contract.
  2. In order to properly place an Order the Client is required to:
    • become familiar with the Terms and Conditions and accept them,
    • set up a Client’s Account and log in to the Client’s Account,
    • select at least one Product and place it in the Basket,
    • select delivery method,
    • select payment method,
    • confirm that he have read and understood the clause informing about personal data being processed in order to execute the Sales Contract and to take up any actions required by the Clint, before it is concluded,
    • click the ‘order with obligation to pay’ tab.
  3. After an Order has been placed by the Client the system of doki automatically generates an acknowledgement of Order placement and sends it to the email address provided by the Client in the Client’s Account. Acknowledgement of Order placement is only an acknowledgement of Order receipt by doki and it confirms the wording of the Order. An individual Order number is indicated in the Order acknowledgement which is allocated to the Order by doki. Order placement acknowledgement does not constitute Order Acceptance.
  4. A Client may correct his Order or give up an Order which has already been placed , until an Order is Accepted by doki, by sending an Order modification or requesting the annulment of the Order, indicating Order number, to the doki email address: info@doki.com.pl
  5. Studio 1:1 has the right to make a telephone verification of an Order placement by the Client and to verify the Client’s data.
  6. Order acceptance by Studio 1:1 or refusal of Order Acceptance is made via electronic mail to the address indicated by the Client in the Client’s Account.
  7. Sales Contract Conclusion takes place simultaneously with Order Acceptance.
  8. Order Acceptance may be made no later than on the nearest working day, following the day of Order placement by the Client. After ineffective expiry of the above term it is considered that Studio 1:1 has not accepted the Order and the Sales Contract has not been concluded.
  9. Doki sends the Client a confirmation of a Sales Contract conclusion no later that at the moment of Products delivery.

 

§ 10
ORDER DELIVERY

  1. After the Sales Contract has been concluded:
    • In the case of the Client’s selection of payment method in advance – doki provides the Client with the data for payment for the Products selected by the Client, and after the whole amount has been recorded they proceed with the Purchase Order delivery;
    • in the case of the Client’s selection of payment at delivery – doki proceeds with the Order delivery.
  2. The term of the Order delivery comprises of the time required for the preparation of Products for dispatching and their forwarding and is defined at the doki website. Information on the number of days for the Order delivery specifies the number of Business Days during which doki shall process the delivery of Products. If the Order is placed on a day which is not a Business Day, or in the case of placing order on a Business Day after 15:00, the term of the Order delivery is counted from the nearest Business Day.
  3. In the case of an Order concerning Customised Products the term of an Order realization shall be agreed with the Client accordingly, depending on the time required for its manufacture and preparation of Customised Products. If the Client does not accept the term of realization of an Order concerning Customised Products proposed by Studio 1:1 , the Client has the right to cancel the Order in whole.
  4. If it turns out after the Order Acceptance that the realisation of the whole or part of the Order is impossible, or that it would involve exceeding the term of Order delivery concerning given Products, Studio 1:1 shall propose that the Client should choose between:
    • cancellation of the whole of the Order,
    • cancellation of a part of the Order,
    • division of the Order and pointing out a new term for a part of the Order which cannot be realized in the given term.
  5. If the Client does not make a choice within 3 Business Days, doki may realise the Client’s Order in a possible scope including the settlement of payment in accordance with the method defined in this Terms and Conditions. The Client has the right to withdraw from the Sales Contract on general terms.
  6. If a part of an Order is cancelled:
    • if it is payment in advance, doki shall refund the Client their payment for the Products which have been cancelled.
    • If the method of payment is on delivery, doki shall deduct the price of Products which Order has been cancelled from any amounts paid.
  7. In exceptional situations, and in the case of payment in cash on delivery and failure to contact the Client, due to reasons not attributable to doki, Studio 1:1 may cancel the Client’s Order.
  8. A receipt is the proof of purchase at doki in case of a Consumer, or an invoice on a Consumer’s request.
  9. A proof o purchase at doki in case of a Client who is not a Consumer is an invoice.

 

§ 11
PRICES; DISCOUNTS

  1. Prices of Products at doki are in the Polish currency (PLN) and are inclusive of VAT. The prices do not include delivery costs.
  2. Prices of Products may by changed by Studio 1:1, in which case the price at the moment of placing an Order is binding for the Client.
  3. The prices do not include custom’s duty or other import duties. If concluding and execution of the Sales Contract results in the occurrence of the obligation to pay duty, or any other import duties, the Client is obliged to pay customs duty and other import duties on his own (it concerns delivery to the non EU customs area).

 

§ 12
PROMOTIONS, SALES, DISCOUNTS

  1. Doki may have promotions and sales.
  2. Selling Products in promotion or sales takes place till stock lasts, however, not longer than until the end of a given promotion or sales period.
  3. Each time the rules of promotion or sales are specified by a separate Promotion or Sales Regulation, available at the doki website.
  4. Doki may grant discounts to Clients for shopping. If the Client wants to use a discount granted, he is obliged to enter a discount code in an appropriate box of the Basket before submitting the Order, that is before clicking the tab “Purchase Order with obligation to Pay”

 

§ 13
DELIVERY METHODS

  1. The only available methods of delivery are:
    • currier shipment,
    • personal collection.
  2. Only an address within the territory of Poland, or an address within the territory of one of the following European Union countries can be indicated as delivery address: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Holland, Lithuania, Latvia, Germany, Slovakia, Sweden, Hungary, Great Britain, Italy, or Norway.
  3. Before collecting a parcel with Products form a currier, a Client should check if the packaging of the parcel is not damaged. A Client who is not a Consumer should refuse acceptance if the packaging of a parcel is damaged, draw up a shipping damage protocol with the currier and contact doki immediately in order to explain the situation. A Consumer is advised to follow the above way of procedure in the case of parcel packaging damage.

 

§ 14
COSTS OF DELIVERY

  1. A Client is charged with delivery costs, unless doki clearly indicates that the costs of a given delivery are covered by Studio 1:1.
  2. Delivery costs depend on the chosen method of delivering Products to the Client, as well as on the type of Products, and also the amount, weight, and dimensions of Products.
  3. Delivery costs are stated in the Basket before an Order is placed.
  4. Doki may charge one fee for the shipment of several Products, if due to the type, amount, weight, and dimensions of shipment including several Products the higher fee for shipment is not required.
  5. In case of Orders covering more than one Product, doki may establish a separate fee for the delivery for each Product, if due to the type, amount, weight, or dimensions of Products it is required to send each Product in a separate shipment.

 

§ 15
METHODS AND DATES OF PAYMENT

  1. Except for the situation determined in items 2 and 6 below, the following methods of payment are available at doki:
    • payment made in advance:
      • payment via PayU system, or;
      • payment via bank transfer,
    • payment in cash on delivery.
  2. If an Order refers to Customised Products, payment must be made in advance.
  3. Payment should be made in the Polish currency (PLN), unless Studio 1:1 and the Client specifically agree for the admissibility of payment in another specified currency.
  4. The PayU system is an external payment system managed by PayU S.A. seated in Poznań (KRS 0000274399). Terms and Conditions concerning the transactions are available at: https://www.payu.pl/regulaminy.
  5. In case of choosing the method of payment in advance, the date of payment for an Order is 4 Business Days from the date of Order Acceptance. The day of payment shall be recognized as the day of crediting the Studio 1:1’s bank account. An Order unpaid in whole by the Client in the above date, will be automatically cancelled.
  6. In case of choosing payment in cash on delivery, the Client is obliged to make payment on delivery directly to the supplier of shipment, and in case of personal collection – to the person handing over the parcel, or a person indicated by him.
  7. Doki has the right to limit the available methods of payment and methods of delivery in reference to the Client who did not collect an Order from a supplier at least on one occasion, which caused the return of shipment to doki.

 

§ 16
WARRANTY AND CLAIMS

  1. Studio 1:1 is responsible towards the Client if Products have physical or legal defects (warranty).
  2. A physical defect involves the lack of consistence of Products with the Sales Contract. In particular the Products sold are not consistent with the Sales Contract if:
    • they do not have characteristics which Products of this type should have due to the purpose specified in the Sales Contract or purpose resulting from the circumstances or the Products’ possible applications;
    • they do not have qualities, existence of which Studio 1:1 assured the Client, including presentation of a sample or design;
    • they are not adequate for the purpose which the Client informed Studio 1:1 about while concluding the Sales Contract, and Studio 1:1 did not raise any objections to the adequateness of such purpose;
    • they have been delivered to the Client as incomplete.
  3. Studio 1:1 shall be held responsible due to warranty terms if a physical defect is found out in less than two years after the date of Products delivery to the Client.
  4. Studio 1:1 shall be indemnified from the responsibility due to warranty if the Client, who is not a Consumer, is aware of the Products defects at the moment of the Sales Contract conclusion.
  5. If Products have a defect the Client may:
    • File a statement on decreasing the price or withdrawal from the Sales Contract, unless Studio 1:1 replaces the Products with defects with the ones free from defects, or removes the defects immediately and without too much inconvenience for the Client. This limitation does not apply if the Products have already been replaced, or repaired by Studio 1:1, or Studio 1:1 did not fulfill the duty of the Products replacement with Products free from defects, or they did not remove the defects. A Client may demand replacement of Products with ones free from defects instead of the removal of defects proposed by Studio 1:1, or demand removal of defects instead of the Products replacement, unless bringing the matter to agreement with the Sales Contract with the use of the method selected by the Client is impossible, or it would require excessive costs as compared to the method proposed by Studio 1:1. While establishing the excessiveness of costs, the value of Products free from defects, kind and importance of a defect found are taken into account, moreover inconveniences which the Client would be exposed to when choosing a different way of satisfaction are also taken into account.
    • The Client may demand replacement of faulty Products with ones free from defects or for a fault to be removed. Studio 1:1 is obliged to replace Products with defects with ones free from defects, or to remove defects in a reasonable time without causing excessive inconvenience to the Client. Studio 1:1 may refuse any compensation for the Client’s demands, if changing faulty Products so that they are in agreement with the Sales Contract in the way selected by the Client is impossible, or if it would require excessive costs as compared with the other possible way of fulfilling the requirement of the Sales Contract. The costs of repair or replacement are borne by Studio 1:1.
  6. The Client may not withdraw from the Sales Contract if a defect is negligible.
  7. A Client who exercises his rights resulting from the warranty is obliged to deliver the Products which the claim refers to, to the address indicated by doki in the Sales Contract.
  8. A Client who is not a Consumer is obliged to deliver the Products including the proof of purchase, description of the defect found, and indicating the date of its discovery. The Consumer is advised to proceed as described above, because it may speed up the complaint handling, however it is not a conditions for making a claim, its handling or its acceptance.
  9. In case of a Consumer, the delivery costs are borne by Studio 1:1. A Client who is not a Consumer covers the costs delivery by himself.
  10. If delivering the Products to the address indicated by doki would prove to be extremely difficult due to the kind of Products or the method of their assembly, a Client is obliged to make Products available to doki at a place where the Products are.
  11. Reimbursement of delivery costs due to faulty Products shall be made to the bank account indicated by the Consumer, within 14 days from the date of Products delivery and indicating the bank account by the Consumer.
    A Client who is not a Consumer loses his rights due to warranty if he fails to notify doki immediately about the fault discovered.

 

§ 17
GUARANTEE

  1. Studio 1:1 does not offer guarantee service for its sold products.
  2. Some products sold in doki can be under manufacturer’s guarantee. In order to use the guarantee service provided by the manufacturer the Client must follow the conditions enclosed to a guarantee card and attached to the product.
  3. Using the rights resulting from the manufacturer’s guarantee, the Client may make a claim to guarantee service specified by the manufacturer and follow manufacturer’s recommendations or deliver the Products to the address indicated by doki in accordance with conditions defined in the guarantee card.

 

§ 18
CONSUMER’S WITHDRAWAL FROM THE SALES CONTRACT

  1. The Consumer has the right to withdraw from a Sales Contract within 14 days without specifying any reason and incurring additional charges, with the only exception of direct return charges to Studio 1:1 which the Consumer shall make.
  2. The 14 days period to withdraw from the Sales Contract is counted from the date of delivery – and in the case of fulfilling the order partially – from the date of delivery of a Product which is the last part of the Order.
  3. It is sufficient to send the declaration of withdrawal from the Sales Contract within the deadline of 14 days to the following address – Studio 1:1 Jarosław Szymański, ul. Franciszka Mamuszki 41, 80-178 Gdańsk (Poland), or by email: info@doki.com.pl.
  4. In case of sending the declaration of withdrawal from the Sales Contract via e-mail, doki shall immediately confirm its receipt to the Client.
  5. In case of withdrawal, the Sales Contract is regarded as cancelled.
  6. The Consumer may use a declaration of withdrawal from the Sales Contract template, which is attached to this terms and conditions as Exhibit 1, however it is not obligatory.
  7. Studio 1:1 is obliged to return all the payments made by the Consumer including the costs of delivery, immediately, however not later than within 14 days from the date of declaration of withdrawal receipt. The Seller may withhold refunding the Consumer’s payment until the Product is returned or until the Consumer delivers a proof of the Product return, whichever event occurs first.
  8. If the Consumer using the right to withdraw from Sales Contract selected other than the cheapest ordinary method of delivery offered by Studio 1:1, Studio 1: is not obliged to refund any additional costs incurred by the Consumer.
  9. The Consumer who has withdrawn from the Sales Contract, is required to send the Product to the address indicated by doki, or to a person authorized by Studio 1:1, immediately, not later than within 14 days from the date of withdrawal from the Sales Contract, unless Studio 1:1 has decided to collect the returned Product itself. The product must be returned within the above term in order to keep the deadline.
  10. The Consumer shall bear the liability for diminished value of the Product as a result of its use beyond what is intended by established nature, characteristics and function of the Products.
  11. Doki does neither accept cash on delivery parcels, nor shall be responsible for the costs related to such method of returning the Products.
  12. The Consumer is not entitled to withdraw from the Sales Contract under the following circumstances:
    • the ordered product is a non-prefabricated object manufactured according to the specifications of the Consumer or with the aim of meeting Consumer’s individual needs. In particular the Consumer is not entitled to withdraw from the Sales Contract of a Customised Product,
    • the ordered objects, due to their nature, are inseparably connected to other objects after delivery,
    • the Consumer clearly demanded that a representative of doki visited them in order to make urgent repairs or maintenance.
    • the Sales Contract concerns a delivery of digital content which is not recorded on a material data storage device, if providing the service started as a result of an explicit consent of the Consumer before the deadline of withdrawal from the Contract and after Studio 1:1 has informed the Consumer about the loss of the right to withdraw from the Sales Contract.

 

§ 19
REFUND POLICY

  1. In cases described below, Studio 1:1 performs a refund of any payment received from the Client , immediately, but not later than within 14 calendar days from:
    • the date of complete or partial cancellation of the Order, in the case the Client has made a payment for the Order,
    • returning the Products as a result of withdrawal from the Contract,
    • acknowledgement of warranty claims which results in refunding the payment.
  2. Studio 1:1 makes a refund of payment using the same payment method as used by the Consumer, or using any other refund method, which the Consumer has explicitly expressed his consent to, which does not generate any additional cost for him.
  3. In the event of a Client who is not a Consumer, refund shall be transferred to the Client’s bank account provided for this purpose by the Client by hand or via e-mail.

 

§ 20
PERSONAL DATA POLICY

  1. Under art. 4 point 7) of the Regulation (EU) 2016/679 of the European Parliament and of the Council dated 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter called: “GDPR”), within the scope resulting from the contract concluded, especially identification data, i.e. first name and surname, company, NIP no, Client’s address, delivery address, email address, telephone number, the Controller of the Client’s personal data is Jarosław Szymański, conducting his business activity under the name Studio 1:1 Jarosław Szymański with the registered office in Gdańsk (80-178) at ul. Franciszka Mamuszki 41, registered at the Central Registration and Information on Business, NIP 9570518017, REGON 192638512 (hereinafter also called: “Controller”).
  2. Due to the provisions of art. 37 item 1 of the GDPR, the Controller has not appointed a data protection officer.
  3. Client’s personal data, indicated in point 1, shall be processed with the aim of Sales Contract execution and undertaking actions before it is concluded as requested by the Client, as well as for the purpose of Electronically Supplied Services, on the basis of art. 6 item 1 letter b) of the GDPR.
  4. Subject to item 10 and 11, a Client’s personal data indicated in item 1 shall not be transferred further, except for the entity providing tax and accounting services for the Controller, and except for situations where the Controller shall be obliged to provide information within the scope of a legal obligation incumbent on him.
  5. Client’s personal data indicated in point 1 shall not be transferred to any country outside the EU.
  6. Client’s personal data indicated in point 1 shall be stored and processed for the period of the Sales Contract concluded and the period of prescription of claims resulting therefrom, as well as in any other necessary scope for the period required by legal regulations concerning archiving the data.
  7. The Client has the right to access to his personal data indicated in point 1, and the right to rectification or erasure of personal data or restriction of processing of personal data, the right to data portability, and the right to object against inappropriate processing, with the reservation that the request to erase or to restrict its processing may result in the termination of the Sales Contract concluded, and may render using Electronically Supplied Services impossible.
  8. The Client has the right to lodge a complaint to a supervisory body when he decides that processing of his personal data , indicated in point 1, by the Controller, fringes the GDPR regulations.
  9. The Client’s personal data, indicated in point 1 shall not be processed in an automatic way (including profiling).
  10. If the Client chooses the payment method via the PayU system, his personal data shall be transferred within the scope which is necessary for payment conclusion for the sake of PayU S.A. company, with its registered office in Poznań (60-324) at ul. Grunwaldzka 182, registered at the Register of Entrepreneurs kept by District Court in Poznań- Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under the KRS number 0000274399.
  11. If the Client chooses delivery method via a Courier company, his personal data shall be transferred to a Courier company within the scope which is necessary for the Products delivery to the address indicated by the Client.
  12. By creating the Client’s Account the Client declares that the personal data provided is the data of the Client and that it is true.
  13. Client’s personal data is kept and protected by the Controller in accordance with the binding law regulations.

 

§ 21
EXTRAJUDICIAL MANNERS OF COMPLAINTS ADMINISTRATION AND PURSUING CLAIMS AND THE TERMS OF ACCESS TO THESE PROCEDURES

  1. Detailed information on the possibility of the Clients’ usage of extrajudicial methods of administration of complaints and claims enforcement as well as rules of access to these procedures is available on the premises of district (municipal) Consumer Advocates (miejski rzecznik konsumenta), Provincial Inspectorates of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) and at the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów).
  2. The Client may also seek help of a social organization whose statutory tasks include consumer protection.
  3. Exemplary options to apply non-judicial means of dealing with administration of complaints and claims enforcement:
    • applying to the Provincial Inspectorate of the Trade Inspection pursuant to art. 36 of the Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws 2017 item 1063, as amended, hereinafter called: ‘Trade Inspection Act’) for the initiation of a mediation procedure on the amicable settlement of the dispute between the Client and Studio 1:1
    • applying to the Permanent Arbitrational Tribunal (Stały Polubowny Sąd Konsumencki) referred to in art. 37 of the Trade Inspection Act, for arbitration of a dispute between the Consumer and Studio 1:1
  4. A platform for online dispute resolution between consumers and businesses at a EU level (ODR platform) is available at the web address http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with client service for consumers and businesses seeking extrajudicial settlement of a dispute concerning contractual obligations arising from online sales or service agreements.

 

§ 22
FINAL PROVISIONS

  1. A form template of “Declaration of withdrawal from a Remote Sales Contract” constitutes an attachment to the Terms and Conditions. Using this form template is not obligatory.
  2. Studio 1: 1 shall make every effort to run doki at the highest standard possible. However, temporary suspension of accessibility to doki is possible in in the case of malfunction, the need for maintenance, overhaul, replacement of equipment, or in connection with the need to modernize or expand doki.
  3. To the matters not dealt with by these Terms and Conditions, generally applicable provisions of the Polish law shall apply, in particular: Civil Code; Act on Protection of Consumer Rights of 30 May 2014 (consolidated text: Journal of Laws of 2017 item 683, as amended) and Act on Electronically Supplied Services of 18 July 2002 (consolidated text: Journal of Laws 2017 item 1219, as amended).
  4. By accepting these Terms and Conditions the Client agrees to the collection and making available to Studio 1:1 of Client’s presence and activity statistics in doki. The data is collected automatically and may be used to the Clients activity analysis – see Privacy Policy on the doki website.
  5. For statistical purposes and in order to ensure the highest possible quality of services, doki uses the information stored by server in the Client’s terminal device which are subsequently read out each time the Client connects to the website (i.e. cookies). The Client may at any time change the settings of the browser on the cookies so that it does not to accept such files, or notifies of their transmission, however the non-acceptance of cookies may cause difficulties in using doki. By using the browser, which settings allow to store cookies on the Client’s device, the Client expresses consent to storing these files on the Client’s device. Detailed Terms and Conditions concerning the cookies can be found in the “Cookies Policy of the doki website” at the doki website.
  6. Any disputes arising between the Client who is not a Consumer and Studio 1:1 shall be settled by the court competent for the Studio 1:1 legal seat.
  7. Any disputes arising between the Costumer and Studio 1:1 shall be settled by the competent court in accordance with the provisions of the Civil Code.
  8. Studio 1:1 reserves the right to change the provisions of the Terms and Conditions for valid reasons, such as, in particular, the need to implement changes resulting from applicable laws, technical or organizational changes of doki, changes in doki’s range of products or of the services provided. Clients shall be informed about any changes in the Terms and Conditions by information about the changes posted on the doki’s website. Any changes to the Terms and Conditions become effective after 14 days from the date of their publication in the manner described in the preceding sentence. Orders placed by the Clients prior to the entry into force of amendments to the Terms and Conditions shall be executed in accordance with the provisions of the Terms and Conditions in force at the time of the Order.
  9. The hereby Terms and Conditions come into force on 25 May 2018r.

 

 

Attachment no 1 to the Terms and Conditions of the doki online shop:

 

______________, ______________ r.
Place and date
_________________________________
Name and surname
_________________________________
Full address
_________________________________
Contact telephone number
_________________________________
Contact e-mail address

JAROSŁAW SZYMAŃSKI
STUDIO 1:1 JAROSŁAW SZYMAŃSKI
UL. FRANCISZKA MAMUSZKI 41
80-178 GDAŃSK
POLAND
EMAIL: STUDIO@STUDIO1DO1.PL

 

CONSUMER STATEMENT
ON WITHDRAWAL FROM THE CONTRACT CONCLUDED REMOTELY
I hereby declare that under the provision of art. 27 of the Act dated 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws 2017, item 683 as amended) I withdraw from the Sales Contract of Products in the form of
_____________________________________________________________________________________________________________________ of the total net value (excluding VAT) ___________________ PLN, of the gross value (including VAT) ___________________ PLN dated ______________________ , Order number __________________________.
For the above reasons I ask for the reimbursement to the number of bank account indicated below[1]:
_____________________________________________________
The account holder
_____________________________________________________
Full address of account holder
_____________________________________________________
Number of bank account

 

 

____________________

Signature

 

 

[1] If reimbursement is to be made to a bank account.