Regulations of the online store DOINK.PL

REGULATIONS OF THE ONLINE STORE

 

WWW.DOINK.PL

 

  • 1

GENERAL PROVISIONS

  1. The store www.doink.pl operates on the principles defined in these Regulations.
  2. The Regulations define the conditions for concluding and terminating Sales Agreements for the Product and the procedure for handling complaints, as well as the types and scope of services provided electronically by the store www.doink.pl, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
  3. Each User, upon taking actions aimed at using the Electronic Services of the store www.doink.pl, is obliged to comply with the provisions of these Regulations.
  4. In matters not regulated by these Regulations, the following provisions apply:
    • the Act on Providing Services by Electronic Means of July 18, 2002,
    • the Act on Consumer Rights of May 30, 2014,
    • the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
    • the Civil Code of April 23, 1964, and other relevant provisions of Polish law.

 

  • 2

DEFINITIONS CONTAINED IN THE REGULATIONS

  1. REGISTRATION FORM – a form available on the website www.doink.pl that allows creating an Account.
  2. ORDER FORM – a form available on the website www.doink.pl that allows placing an Order.
  3. CLIENT – a User who intends to enter into or has entered into a Sales Agreement with the Seller.
  4. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
  5. ACCOUNT – a collection of resources in the Service Provider's IT system, marked with an individual name (login) and password, where the User's data, including information about placed Orders, is stored.
  6. NEWSLETTER - An Electronic Service allowing the User to subscribe and receive free information from the Service Provider regarding the Store and the Products available in it at the email address provided by the User.
  7. PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
  8. REGULATIONS - these regulations of the Store.
  9. STORE - The online store of the Service Provider operating at www.doink.pl
  10. SELLER, SERVICE PROVIDER - Karol Drzewiecki conducting business activity under the business name DOINK KAROL DRZEWIECKI, place of business and delivery address: ul. Adama Mickiewicza 9, 62-500 Konin, REGON: 301934244, NIP 6652804489 email address: hello@doink.pl, phone number: +48 668 932 979
  11. OPINION SYSTEM - Electronic service made available to customers by the service provider, allowing the posting of opinions about products.
  12. SALES AGREEMENT - the sales agreement for the product concluded between the customer and the seller through the store.
  13. ELECTRONIC SERVICE - a service provided electronically by the service provider for the benefit of the consumer through the store.
  14. CONSUMER - a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity using the electronic service.
  15. ORDER - the customer's declaration of intent constituting an offer to conclude a sales agreement for the product with the seller.

 

  • 3

INFORMATION ABOUT PRODUCTS AND THEIR ORDERING

  1. The website www.doink.pl conducts retail and wholesale sales of products via the Internet.
  2. The products offered in the store are new, free from physical and legal defects, and have been legally introduced to the Polish market.
  3. The information on the store's website does not constitute an offer within the meaning of the law. By placing an order, the customer makes an offer to purchase a specific product under the conditions specified in its description.
  4. The price of the product displayed on the store's website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
  5. The price of the product displayed on the store's website is binding at the moment the customer places the order. This price will not change regardless of price changes in the store that may occur regarding individual products after the customer has placed the order.
  6. Orders can be placed through the website using the order form (Store www.doink.pl) - 24 hours a day, all year round.
  7. To place an order, the customer is not required to register an account in the store.
  8. The condition for placing an order in the store by the customer is to familiarize themselves with the regulations and accept its provisions at the time of placing the order.
  9. The store processes orders placed from Monday to Friday during store hours, i.e., from 10:00 AM to 4:30 PM on business days. Orders placed on business days after 12:00 PM, on Saturdays, Sundays, and holidays will be processed the next business day.
  10. Promotional (sale) Products have a limited number of pieces, and Orders for them will be processed in the order they are received until the stock of a given Product is exhausted.

 

  • 4

CONCLUSION OF THE SALES AGREEMENT

  1. To conclude the Sales Agreement, it is necessary for the Client to have previously placed an Order in the manner provided by the Seller, in accordance with § 3 points 6 and 8 of the Regulation.
  2. After placing the Order, the Seller promptly confirms its receipt.
  3. The Confirmation of Acceptance of the Order mentioned in point 2 of this paragraph binds the Client to their Order. The Confirmation of Receipt of the Order occurs by sending an email.
  4. The Confirmation of Receipt of the Order includes:
    • confirmation of all essential elements of the Order,
    • withdrawal form,
    • this Regulation containing information about the right to withdraw from the contract.
  5. After verifying the Order, the Seller promptly confirms the acceptance of the Order for processing by sending an email. The confirmation of the acceptance of the Order for processing binds the Client to their Order.
  6. Upon receiving the email mentioned in points 4 or 5 of this paragraph, a Sales Agreement is concluded between the Client and the Seller.
  7. Each Sales Agreement will be confirmed by a proof of purchase (VAT invoice), which will be attached to the Product and/or sent by email to the Client's email address provided in the Order Form.

 

  • 5

PAYMENT METHODS

  1. The Seller provides the following payment methods:
    • payment via the electronic payment system (Blue Media),
    • payment on delivery to the supplier, i.e., cash on delivery.
  2. In the case of payment via the electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
  3. In the case of payment on delivery, the shipment is sent after verifying the correctness of the address data. The Client is obliged to pay for the Order and collect the Product from the supplier.
  4. The Client is obliged to make the payment for the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
  5. In the case of choosing the payment described in point 1.1 of this paragraph, the Product will be sent only after it has been paid for.

  6.  Electronic payments and credit card payments via Blue Media S.A. - the currently available payment methods are specified on the Online Store's website.

    Transactions settled by electronic payments and credit card payments are conducted according to the Client's choice through Blue Media S.A.. The handling of electronic payments and credit card payments is carried out by:

    Blue Media joint-stock company based in Sopot at ul. Haffnera, entered in the register of entrepreneurs maintained by the District Court Gdańsk-Północ in Gdańsk, VIII Economic Department of the National Court Register under the number KRS 0000320590, NIP 585-13-51-185, Regon 191781561, with a share capital of 2,000,000 PLN (fully paid), supervised by the Financial Supervision Authority and entered in the register of national payment institutions under the number IP17/2013

    Accepted payment cards: 1) Visa, 2) Visa Electron, 3) MasterCard, 4) MasterCard Electronic, 5) Maestro

    The operator of payment cards is PayPro SA Payment Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068.

  7. In the event of the need to refund the amount for a transaction made by the client with a payment card, the seller will make the refund to the bank account assigned to the payment card of the Ordering Party. 
  • 6

COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY

  1. The delivery costs of the Product, which are covered by the Client, are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Product.
  2. The delivery time of the Product consists of the time for assembling the Product and the time for delivering the Product by the carrier:
    • the time for assembling Products is 1 business day from the moment:
  3. positive authorization of the transaction by the electronic payment system or
  4. acceptance of the Order for execution by the Seller in the case of choosing cash on delivery payment.
    • The delivery of Products that are movable items by the carrier takes place within the time declared by them, i.e., up to 2 business days from the moment of dispatch (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).
  5. Products purchased in the Store are shipped only within Poland via a courier company.

 

  • 7

PRODUCT COMPLAINT

  1. Complaint under warranty.
    • The basis and scope of the Seller's liability towards the Client who is a Consumer or an entity referred to in §10 of the Regulations, in terms of warranty covering physical and legal defects, are defined in the Civil Code of April 23, 1964,
    • Notifications of defects regarding the Product and the submission of the appropriate request can be made via email to: hello@doink.pl or in writing to: Adama Mickiewicza 9, 62-500 Konin,
    • In the above message in written or electronic form, as much information and circumstances regarding the subject of the complaint should be provided as possible, in particular the type and date of the irregularity occurrence and contact details. The provided information will significantly facilitate and expedite the Seller's consideration of the complaint.
    • To assess the physical defects of the Product, it should be delivered to the address: Adama Mickiewicza 9, 62-500 Konin,
    • The Seller will respond to the Client's request promptly, no later than within 14 days from the moment the complaint is submitted.
    • In the case of a complaint from a Client who is a Consumer or an entity referred to in § 10 of the Regulations – failure to consider the complaint within 14 days from its submission is equivalent to its acceptance. In connection with a justified complaint from a Client who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller covers the costs of collection, delivery, and exchange of the Product for one free of defects.
    • The response to the complaint is provided on paper or another durable medium, e.g., an email or SMS.
    • The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Client. In the case of used Goods, the Seller is liable under the warranty for defects found within one year from the date of delivery of the Goods to the Client who is a consumer. 
  • 8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. Subject to point 10 of this paragraph, a Client who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a distance contract, may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is sufficient to send the statement of withdrawal from the agreement provided by the Store.
  2. In the event of withdrawal from the agreement, the Sales Agreement is considered not concluded, and the consumer or entity referred to in § 10 of the Regulations is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day of withdrawal from the agreement, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before it expires.
  3. In the event of withdrawal from the Sales Agreement, the Product must be returned to the address: Adama Mickiewicza 9, 62-500 Konin.
  4. The consumer or entity referred to in § 10 of the Regulations is responsible for the reduction in the value of the Product resulting from its use in a manner that exceeds what is necessary to ascertain the nature, characteristics, and functioning of the Product. To ascertain the nature, characteristics, and functioning of the Products, the consumer or entity referred to in § 10 of the Regulations should handle the Products and examine them only in the same way they could do in a physical store.
  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the delivery costs using the same payment method used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Regulations explicitly agreed to a different method of return that does not incur any costs for them. Subject to point 7 of this paragraph, the refund will be made promptly, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
  6. If the Consumer or the entity referred to in § 10 of the Regulations chose a delivery method for the Product other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund them for the additional costs incurred.
  7. If the Seller has not proposed to collect the Product from the Consumer or the entity referred to in § 10 of the Regulations, they may withhold the refund of payments received from the Consumer until the item is received back or until the Consumer or the entity referred to in § 10 of the Regulations provides proof of its return, depending on which event occurs first.
  8. The Consumer or the entity referred to in § 10 of the Regulations withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
  9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Regulations can withdraw from the contract is counted from the day the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product, and in the case of a service, from the day the contract was concluded.
  10. The right to withdraw from a distance contract is not granted to the Consumer or the entity referred to in § 10 of the Regulations in the case of a Sales Agreement:
    • in which the subject of the provision is a non-prefabricated item made according to the specifications of the consumer or intended to meet their individualized needs,
    • in which the subject of the provision is an item delivered in a sealed package, which cannot be returned after the package has been opened for health protection or hygiene reasons, if the package was opened after delivery (e.g., needles),
    • in which the subject of the provision is items that, due to their nature, become inseparably connected with other items after delivery,
    • in which the subject of the provision is a service, if the Seller has fully performed the service with the explicit consent of the Consumer, who was informed before the provision began that after the Seller has fulfilled the provision, they will lose the right to withdraw from the contract,
    • in which the subject of the provision is a perishable item or has a short shelf life.
  11. The right of withdrawal from the Sales Agreement is granted to both the Seller and the Client in the event of non-performance by the other party of its obligation within the strictly specified deadline.

 

  • 9

PROVISIONS CONCERNING ENTREPRENEURS (B2B)

  1. This paragraph contains provisions concerning only entrepreneurs not covered by the protection resulting from the Consumer Rights Act, referred to in § 10 of the Regulations..
  2. The Seller has the right to withdraw from the Sales Agreement concluded with a non-consumer Client within 14 business days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not create any claims on the part of the non-consumer Client against the Seller.
  3. The Seller has the right to limit the payment methods available to non-consumer Clients, including requiring prepayment of part or all of the sale price regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
  4. The benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the non-consumer Client at the moment the Seller hands the Product over to the carrier. In such a case, the Seller is not liable for loss, damage, or deterioration of the Product occurring from the moment the Product is accepted for transport until it is delivered to the Client, as well as for delays in the transport of the shipment.
  5. In the case of sending the Product to the Client via a carrier, the non-consumer Client is obliged to inspect the shipment in a timely manner and in a manner accepted for such shipments. If it finds that there has been a loss or damage to the Product during transport, it is obliged to take all necessary actions to establish the carrier's liability.
  6. The service provider may terminate the electronic service agreement with immediate effect and without stating reasons by sending a termination statement to the non-consumer service recipient.

 

  • 10

PROVISIONS CONCERNING ENTREPRENEURS AS CONSUMERS

  1. An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is entitled to the protection provided by the Consumer Rights Act, provided that the Sales Agreement concluded with the Seller is not of a professional nature.
  2. The person conducting business activity referred to in point 1 of this paragraph is protected only to the extent of:
    • prohibited contractual provisions — so-called abusive clauses,
    • liability for defects in the Product, in accordance with § 7 of the Regulations,
    • right of withdrawal from a distance contract, in accordance with § 8 of the Regulations.
  3. The entrepreneur referred to in point 1 of this paragraph loses consumer protection rights if the Sales Agreement concluded with the Seller has a professional character, which is verified based on the entry of that entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated there.
  4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer rights advocates as well as the President of UOKiK.

 

  • 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of Electronic Services such as through the Store:
    • concluding Sales Agreements for Products,
    • maintaining an Account in the Store,
    • Opinion System,
  2. The provision of Electronic Services to Service Users in the Store is carried out under the conditions specified in the Regulations.
  3. The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the materials presented therein.

 

  • 12

TERMS OF PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.
  2. The period for which the agreement is concluded:
    • The agreement for the provision of the Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a definite period and is terminated upon placing the Order or ceasing to place it by the Service User,
    • The agreement for the provision of the Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The agreement is concluded at the moment the Service User sends the completed Registration Form,
    • The agreement for the provision of the Electronic Service consisting of using the Opinion System is concluded for a definite period and is terminated upon posting an opinion or ceasing to use this Service by the Service User,
    • The agreement for the provision of the Electronic Service consisting of using the Newsletter is concluded for an indefinite period.
  3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
    • computer (or mobile device) with internet access,
    • access to email,
    • web browser,
    • enabling Cookies and Javascript in the web browser.
  4. The Service User is required to use the Store in a manner that complies with the law and good customs, taking into account the respect for personal rights and intellectual property rights of third parties.
  5. The Service User is required to enter data that is consistent with the actual state of affairs.
  6. The Service User is prohibited from providing unlawful content.

  

  • 13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of electronic services through the Store can be submitted by the User via email to the address: hello@doink.pl.
  2. In the above email, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The provided information will significantly facilitate and expedite the consideration of the complaint by the Service Provider.
  3. The Service Provider will consider the complaint without delay, no later than within 14 days from the moment of submission.
  4. The Service Provider's response to the complaint is sent to the User's email address provided in the complaint submission or in another manner specified by the User.

 

  • 14

TERMS OF TERMINATION OF ELECTRONIC SERVICE AGREEMENTS

  1. Termination of the electronic service agreement:
    • The agreement for the provision of continuous and indefinite electronic services (account management, newsletter) may be terminated,
    • The User may terminate the agreement with immediate effect and without stating reasons by sending a relevant declaration via email to the address: hello@doink.pl,
    • The Service Provider may terminate the electronic service agreement of a continuous and indefinite nature if the User violates the Terms and Conditions, in particular, if they provide unlawful content after an ineffective prior request to cease violations with a specified deadline. In such a case, the agreement expires after 7 days from the date of submission of the declaration of will to terminate it (notice period),
    • Termination leads to the cessation of the legal relationship with effect for the future.
  2. The Service Provider and the User may terminate the electronic service agreement at any time by mutual agreement.

 

  • 15

INTELLECTUAL PROPERTY

  1. All content posted on the website at www.doink.pl is protected by copyright and (subject to § 15 point 3 and elements posted by Users, used under license, transfer of economic copyright or fair use) is the property of Karol Drzewiecki conducting business under the name DOINK KAROL DRZEWIECKI, place of business and address for correspondence: ul. Adama Mickiewicza 9, 62-500 Konin, REGON: 301934244 NIP: 6652804489, email address: hello@doink.pl, phone number: +48 668932979 The User is fully responsible for any damage caused to the Service Provider as a result of using any content from the website www.doink.pl without the Service Provider's consent.
  2. Any use by anyone, without the express written consent of the Service Provider, of any elements comprising the content and material of the website www.doink.pl constitutes a violation of the copyright held by the Service Provider and results in civil and criminal liability.
  3. All trade names, product names, company names, and their logos used on the Store's website at www.doink.pl belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and images presented on the Store's website at www.doink.pl are used for informational purposes.

 

  • 16

FINAL PROVISIONS

  1. Agreements made through the Store are concluded in accordance with Polish law.
  2. In the event of any part of the Regulations being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Regulations.
  3. All disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of amicably ending the dispute, taking into account the Act on Extrajudicial Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Judicial dispute resolution:
    • Any disputes arising between the Service Provider and the Service Recipient (Client) who is simultaneously a consumer or an entity referred to in §10 of the Regulations shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
    • Any disputes arising between the Service Provider and the Service Recipient (Client) who is not simultaneously a consumer, as referred to in §9 of the Regulations, shall be submitted to the court competent due to the registered office of the Service Provider.
  5. A client who is a consumer also has the right to use extrajudicial methods of dispute resolution, in particular by submitting a request for mediation or a request for the case to be considered by an arbitration court after the complaint procedure has been completed. A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596The consumer may also seek free assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Extrajudicial claims after the complaint procedure are free of charge.
  6. A consumer may submit a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.