§ 1 Definitions
These Terms define general conditions of using the Shop and conditions of concluding the sale contract and rights and obligations of the Customer and Seller. Approval of Terms is voluntary, but necessary in order to purchase in the Shop. The names used in these Terms mean as follows:
- PRICE – the gross amount given in PLN (including due taxes), which the Customer is obliged to pay the Seller for transferring the ownership of goods to the Customer based on the concluded sale contract,
- ORDER PROCESSING TIME – the number of working days, in which the Seller will complete an order placed by the Customer in the Online Shop, pass the goods on to the transporter and deliver the ordered goods via the transporter to the address indicated by the Customer.
- CONSUMER – Customer being a natural person performing the legal act with the entrepreneur nonassociated directly with their business or professional activity.
- CUSTOMER – natural person with full or limited capacity to act in law or the legal person or the organizational unit without legal personality which undertakes the activity aimed at the acquisition of goods via the Shop.
- TERMS –these terms.
- REGISTRATION – the one-time activity consisting of creating the account by the Customer, made with the use of registration form provided by the Seller on www.dtm.pl website and providing the Seller basic data of the Customer essential for the completion of the service provided by the Shop.
- SHOP – platform of the sale of goods and the services offered and conducted by the Seller, available at the following address www.dtm.pl.
- SELLER – DTM System Daniel Kujawski spółka jawna (dawniej DTM System spółka z ograniczoną odpowiedzialnością sp. k.), ul. Brzeska 7, 85-145 Bydgoszcz, Poland, Tax Id (NIP) 953-264-83-96, REGON number : 361052098.
- RENDERING ELECTRONIC SERVICES – performing the rendering of service without the simultaneous presence of parties (from a distance), by data transfer on the individual demand of the Customer, sent and received with devices for electronic processing, only with the digital compression, and of data storage which sent, collected or broadcast in full by communication network.
- GOODS – thing sold by the Seller via the Shop to the Customer, for the payment of the Price.
- SALE CONTRACT – sale contract in understanding the provisions of the civil code, concluded by the remote communication means and concerning sales of Goods to the Customer by the Seller for the payment of Price enhanced by shipping costs.
§ 2 General Provisions
- Online Shop is available at www.dtm.pl and it is operated by DTM System Daniel Kujawski spółka jawna (dawniej DTM System spółka z ograniczoną odpowiedzialnością sp. k.), ul. Brzeska 7, 85-145 Bydgoszcz, Poland, Tax Id (NIP) 953-264-83-96, REGON number : 361052098.
- Contact details:
- post address: DTM System ul. Brzeska 7, 85-145 Bydgoszcz
- e-mail address: email@example.com
- Customer Service phone number: +48 52 340 15 83, opened form Monday to Friday, opening hours 8:00 a.m. – 4:00 p.m. (the payment for standard phone connection according to the pricelist of Customer’s service provider).
- Customer is able to use the Shop if their devices and the information and communication system meet the minimal requirements i.e.: having MS Windows system installed, web browser (Internet Explorer, Mozilla Firefox, Chrome, Opera) in the latest version and additional programs needed for playing or reading elements available on the website. Customer must also have an access to the electronic mail and an active email account.
§ 3 Regulations of rendering electronic services
- Seller provides the following services free of charge via the Shop for the Customers:
- possibility of creating Customer account,
- enabling reading the contents placed by the Seller within the Shop
- enabling Customers conducting sale contracts
- adjusting advertising content to the interests of the Customer
- The contract for rendering the services is concluded at the moment of the effective filling and accepting by the Customer (sending to the Seller) the registration form to create Customer account. Concluding the contract for rendering the services requires the acceptance of Regulations.
- Providing the following data is essential for opening an account: name and surname, PESEL number or Tax Id number (NIP) in case of persons running business activity, address (street, house number, city with post code), e-mail address, contact telephone number and the password.
- The contract for rendering the services is concluded in Polish language, for an indefinite period of time.
- Every Customer can create only one account.
- Customer registering duties:
- giving only true and current data of the Customer;
- immediate update of the data, including personal data
- Customer can terminate a contract for providing services with an immediate effect, at all times, by post, telephone or electronic contact (according to the contact details in § 2 sec. 2). If there are any orders which have not been provided, the termination of a contract is possible only after the completion of an order..
- Customer has the right to make a complaint of services provided by Seller at all times. It is possible to report customer complaints in a way specified in § 3 sec. 5 of these Terms. The customer complaint should contain the data of the Customer and the description of reported reservations. Seller recognizes the customer complaint within 14 days of the day of for its receiving.
- In case of: quoting false data at the account registration, using accounts in way contrary to provisions of these Terms, the account can be immediately closed or an access to further work with the system can be blocked.
§ 4 Rights and duties of Customer and Seller
- Customer is obliged to use the Shop in the lawful way and with good manners bearing in mind respect of personal rights and intellectual ownership of third parties.
- Customer is not allowed to provide content of unlawful character. The contents and statements contrary to the Polish law and the law of the European Union, calling to the ethnic, religious or racial hatred, containing pornographic, fascist, vulgar, content, propagating substances or the violence, offending religious emotions, violating laws of other persons, calling for committing forbidden acts are not accepted for the publication on the website.
- Seller is not responsible for contents published and communicated by Customers and reserves the right to remove these contents.
- Seller undertakes to provide the platforms of possibly the highest quality and stability, however Seller is not responsible for breaks and disruptions caused by the functioning of force majeure or unauthorized action of the third entities, as well as the temporary inability of using the platform caused by implementing new solutions and improvements on the website.
§ 5 Copyright protection
- Property and personal copyright of contents put within the Shop by Seller or Seller’s contracting parties and of all elements placed on www.dtm.pl website (including name of the shop, commercial trademarks, software, by functions, graphic elements, databases) belong to Seller or subjects, with which Seller concluded relevant contracts. Customer is entitled to use the above mentioned content exclusively in permitted personal use. Using contents in other scope is acceptable exclusively based on the distinct, prior permission, granted by the entity entitled to it, in writing on pain of invalidity. The copyright is subject to a protection predicted in the act from 4th February 1994 – of the copyright and related rights.
- Customer, by putting any contents within the Shop (in particular comments or reviews), gives Seller the licence of the following character: transferable, nonexclusive, global, free, with the right to grant the sublicense, allowing to use all contents included in the law of the intellectual property published by Customer. The licence allows to use, save in the computer memory, change, remove, supplement, perform and show in public, reproduce and spread (in particular in the Internet).
§ 6 Purchasing in the online shop
- Customer must have Customer account to conclude the sale contract.
- Orders can be placed 24 hours a day 7 days a week.
- The conclusion of the contract of sale takes place via means of the remote communication, i.e. via the Internet network.
- Purchasing procedure:
- Customer adds chosen Goods to the basket and then proceeds to order form where Customer chooses the method of payment.
- Customer confirms essential data for placing an order and the performance of a contract given in the registration form or provides other data.
- Modification of data entered into the basket is possible before clicking “order now with a payment obligation”. “Order now with a payment obligation” function means that the Customer accepts the fact that placing an order results in obligation of payment of the Price. Placing an order constitutes the declaration of intent of the Customer of concluding remote sale contract via the Shop.
- After placing an order the Customer will receive the message titled “Confirmation of placing an order” by the e-mail containing all crucial elements of the order which confirms that the Seller received an order and starts processing it. Confirmation of the content of concluded sale contact is also in an account of the Customer in the History of orders tab.
- Customer can choose the following payment methods:
- cash – personal collection at Seller’s office,
- bank transfer to Seller’s bank account,
- cash on delivery – payment to courier at the delivery.
Foreign parcels can be paid only with bank transfer on the account of the Shop.
- The payment deadline for ordered Goods in case of bank transfer is 7 days from the day of concluding sale contract. Lack of the payment in spite of additional 7 days deadline period results in terminating the sale contract.
- Prices in the Shop contain all due customs and taxes, however the cost of delivery (delivery the Goods to Customer) is not included and it is described separately.
- The parcel with ordered Goods is delivered to the address given by the Customer in an order form, according to choice of the Customer:
- through a courier company,
- through Polish Post
- Customer bears the costs of delivery of Goods.
§ 7 Withdrawal from a contract
- Consumer has a right to withdraw from sale contract in 14 days without stating the cause and without incurring any other costs than provided by provisions of the law.
- Consumer can withdraw from a sale contract submitting the Seller the declaration of withdrawal from the contract. It does not limit the right of the Consumer to file any other unequivocal statement, where Consumer announces their decision of withdrawal from the contract.
- In case of making a contract withdrawal statement by the Consumer via the e-mail message, statement should be sent to the address: firstname.lastname@example.org In case of making a contract withdrawal statement by the Consumer in written form, the statement should be sent to the address: DTM System spółka z ograniczoną odpowiedzialnością spółka komandytowa, ul. Brzeska 7, 85-145 Bydgoszcz, Poland. To keep 14 day deadline of withdrawal it is enough to send declaration before its expiry.
- The course of 14 day deadline of withdrawal from the contract begins from taking possession of Goods by the Consumer or the third parties appointed by the Consumer different from the carrier. If the agreement includes a lot of things which are delivered individually, in sections or in parts – from the reception of the last thing, section or part.
- In case of withdrawing from the contract concluded remotely, the contract is regarded unconcluded. Seller must immediately, not later than within 14 days of the date of receiving of the statement of the Consumer on the withdrawal from the contract, return all payments made by the Consumer, including costs of delivering Goods. Seller returns the payment using the same method of payment as Consumer, unless the Consumer clearly agreed on other manner of the return which is not connected with any costs for the Consumer.
- Consumer must return returned Goods to the Seller or provide Goods to the person authorized by the Seller for the reception immediately, however not later than 14 days from the day of withdrawal from the contract. To keep 14 days deadline it is enough to send Goods back before its expiry. We ask to attach the receipt of purchase (the invoice is accessible in the account of the Customer in History of orders tab) to the returned Goods. Moreover we ask for packing and secure Goods that are sent back in such a way that the Goods are not damaged in the transport. We ask to send the returned Goods to the address: DTM System spółka z ograniczoną odpowiedzialnością spółka komandytowa, ul. Brzeska 7, 85-145 Bydgoszcz, Poland.
- If Seller have not offered to collect the Goods from the Consumer, Seller can postpone the return of payments received from the Consumer to the moment of receiving the Goods or delivering the receipt of sending Goods by the Consumer – depending on which event takes place earlier.
- If the Consumer chooses the way of delivering Goods different from the cheapest usual manner of delivering offered by the Seller, the Seller is not obliged to return extra costs that the Consumer has to bear.
- Consumer bears only direct costs of the return of Goods, unless the Seller agreed to bear them.
- Consumer is responsible for the devaluation of returned Goods which is result of using it in the way beyond necessary to state character, features and functioning of Goods. Seller reserves the right for claiming damages towards the Consumer, in the scope of effective laws and regulations.
- Consumer is not entitled to a right of withdrawal from the sale contract with reference to the contracts:
- where subject matter of the contract is not-prefabricated, produced according to the specification of the Consumer or serving meeting his individualized needs,
- where subject matter of the contract is liable to deteriorate or expire rapidly or having a short expiry date,
- where subject matter of the contract is delivered in sealed package which cannot be returned because of health protection or because of hygienic issues and of which the package was opened after delivery;
- where subject matter of the contract are audio or visual recordings or computer programs delivered in sealed package, if the package was opened after delivery,
- delivering digital contents which are not saved on the material storage, if providing the service started with the distinct permission of the Consumer prior to the deadline for the withdrawal from the contract and after informing the Consumer by the Seller of the loss of the right of withdrawal from the contract.
§ 8 Complaints
- Shop is obliged to deliver Goods to Customers without physical and legal defects. Shop is responsible for defects in Goods under the terms of provisions of the Act from 23 April 1964 Civil code, in particular in Art. 556 and next of civil code.
- Written complaints can be submitted via e-mail to the e-mail address : email@example.com or send via post on the Customer Service Office: DTM System, ul. Brzeska 7, 85-145 Bydgoszcz, Poland with a note: „Complaint”.
- It is recommended that a complaint should contain in particular: full name, correspondence address, e-mail address where a response to the customer complaint is supposed to be sent, if the Customer wishes to receive the response to the customer complaint via the email: the date of purchasing of goods, the type of complained Goods , detailed description of the defect and the date of its detecting, Customer’s demand, as well as the way the Customer prefers to be informed of the process of the complaint. Receipt of purchase of Goods must be delivered with making a complaint. It can be, for example, the copy of the receipt or a duplicate of invoice, printout from the payment card or other evidence.
- Customer who exercises the warranty rights is obliged to deliver faulty Goods to the registered office to the Seller, at the Seller’s expense.
- Seller will process and express an opinion of the Customer complaint immediately, not later than in 14 days from filing a complaint. Customer will be informed of the processing method according to data indicated in a complaint.
- If received Goods are faulty the Customer can exercise their right to use guarantee in recommended services or – independently – from the rights from the Seller on the basis of warranty for defects in Goods.
- If sold Goods have a defect, the Customer can:
- make a statement of the price reduction or the withdrawal from the contract, unless the Seller, immediately and without excessive inconveniences for the Customer, replaces faulty goods on free from defects or removes such a defect. The reduced price should be in such proportion to the price arising from the agreement, in which the value of Goods with the defect is to the value of the goods without the defect. Customer cannot withdraw from a contract, if the defect in Goods is insignificant;
- demand the replacement of Goods free from defects or removing the defect. Seller is obliged to replace faulty goods for free from defects or to remove the defect in the sensible time without excessive inconveniences for the Customer on principles determined in relevant provisions of the civil code.
- If a Consumer is a Customer, they can, instead of removing the defect suggested by the Seller, demand the replacement of Goods for free from defects or instead of the replacement of Goods demand removing the defect, unless restoring Goods to the compliant with the agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way offered by the Seller. At the evaluation of the cost overrun, a value of Goods free from defects and a kind and importance of the detected defect are considered, as well as the inconveniences for the Customer to bear of different means of satisfying are taken into account.
- If a Customer being a Consumer demands the change of things or removing the defect or made a statement of price reduction determining its amount, and the Seller have not expressed an opinion to this request in the time of 14 days, the request is regarded as justified.
- Seller complies the warranty, if the physical defect is detected by the end of two years for the day of delivering the thing to the Customer. Claim for removing the defect or the exchange of Goods for free from defects expires after the year counting from the date of detecting the defect, however in case of the purchase of Goods by the Consumer – the course of limitation period cannot end prior to the deadline which is mentioned in the first sentence.
§ 9 Sharing of contents and data of the customers
- The administrator of Customers’ personal data is: DTM System, ul. Brzeska 7, 85-145 Bydgoszcz, Poland. Personal data will be processed according the Data Protection Act from 10th May 2018.
- Personal data is processed by Administrators of the purpose of: processing the service delivery contract or the contract of sale, as well as in order to run a Shop and in other purposes to which the Customer gave consent or which result from the contract between the Seller and the Customer.
- Personal data of Customers shall not be revealed to third parties, except for cases, when disclosing above information is required with provisions of the law or it arises from these terms.
- On the basis of provisions of the Data Protection Act from 10th May 2018 the Customer has a right to access the content of their data, correct it and demand to remove it.
- Not providing personal details indicated in Terms necessary for the conclusion of a contract results in the refusal to conclude this contract.
- We ensure the possibility of sharing advertisements and other commercial or sponsored contents. Therefore the Customer agrees to process data of the Customer by the Seller in marketing purposes by: sending advertising contents to the e-mail address given at the registration, especially addressed directly to the Customer. The agreement can be cancelled at all times by informing the data administrator via e-mail (through the e-mail: firstname.lastname@example.org).
- Seller is not responsible for Customers’ actions aimed at using other Customers’ data contrary to aims of the Shop.
§ 10 Final provisions
- Disputes that arise between the Seller and a Customer who is a Consumer at the same time, are settled by common courts . Disputes that arise the Seller and a Customer who is not a Consumer at the same time, are settled by court having jurisdiction over the registered office of the Seller.
- To all matters not settled herein provisions of the Republic of Poland shall apply.
- These Terms come into effect on 25th December 2014 and are available on a website of the Shop.
Seller has the right to unilateral change of provisions of these Terms without stating the cause. In such case Customers have the right to terminate a contract for the service delivery within 14 days of the day of notifying them of the amendment to the Terms. The amendment to the Terms does not influence the conditions and the content of concluded contracts of sale.