Section 1 Definitions
1. Postal address – first name and surname or name of institution, location in the place (in case of divided into streets: street, building number, flat or suite number; in case of a place not divided into streets: name of the place and number of real estate), postal code and place.
2. Address for complaints: Delta-Opti Monika Matysiak, 60-713 Poznań, Graniczna 10, Poland
3. Delivery pricelist – a list of offered types of delivery and costs available at delta.poznan.pl and shopdelta.eu.
4. Customer - an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller related directly to their business or professional activity.
5. Consumer – a consumer within the meaning of Article 221 of the Civil Code, i.e. a natural person with full legal capacity or, in cases provided for by law, with limited legal capacity, who enters into an Agreement with the Seller or uses services provided by the Seller electronically to the extent not directly connected with that person’s business or professional activity.
6. Consumer-Entrepreneur – an entrepreneur who is a natural person entering into an agreement directly connected with his/her business activity, where it is evident from the content of that agreement that it is not of a professional nature for that person, which professional nature would arise in particular from the subject of that person’s business activity made known pursuant to the provisions on the Central Register and Information on Economic Activity (CEIDG).
7. Shopping basket – a list of products compiled out of products offered in the shop on the basis of Buyer's choices.
8. Buyer – both Consumer or Consumer-Entrepreneur and Entrepreneur.
9. Product – the minimum and indivisible amount of the item which may be an object of an order, which is specified in the shop by the Seller as a unit of measurement at its price (price/unit).
10. Entrepreneur – an entrepreneur within the meaning of Article 431 of the Civil Code, i.e. a natural person, a legal person or an organisational unit without legal personality on which the Act confers legal capacity, conducting business or professional activity on its own behalf, concluding a Sales Agreement with the Seller or using services provided by the Seller electronically.
11. Regulations – this document
12. Item – moveable property which can be or is the object of the agreement.
13. Shop – a website available at delta.poznan.pl and shopdelta.eu through which the Buyer may place an order.
14. Seller: Delta-Opti Monika Matysiak 60-713 Poznań, Graniczna 10, Poland, Tax Identification No. (NIP): PL525-129-52-25, REGON statistical no.: 634517778, BDO:000006196, Kunden-Nr.- 5603786, the Inspector General for Personal Data Protection (GIODO): 7033/2013 registered and visible in the Polish Central Registration and Information on Business (CEIDG) at: https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=3faad9e3-0361-49f7-b408-8db6ab417c8f, BANK ACCOUNT: PL54 2490 0005 0000 4530 8626 0628
15. Agreement – an off-premises contract or a distance contract within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and Consumers-Entrepreneurs, and a sales contract within the meaning of Article 535 of the Act of 23 April 1964 – the Civil Code in the case of Entrepreneurs.
16. Order – Buyer's statement of will submitted through the shop, explicitly specifying: type and quantity of the products; type of delivery; tape of payment; place of release of the item, details of the Buyer, and directly aimed at concluding the agreement between the Buyer and the Seller.
Section 2 General Terms and Conditions
1. The agreement is concluded in the Polish language, in conformance with the Polish law and these regulations.
2. The place of release of the item must be in the area of the Republic of Poland.
3. All prices quoted by the Seller are expressed in Polish zloty and are gross prices (including VAT). Product prices do not include the delivery cost, which is specified in the delivery price list. The price may include an individually calculated discount or rebate granted to the Customer in an automated manner - this information shall be provided in the Order summary.
4. All terms are calculated in accordance with Art. 111 of the Civil Code, that is, a period expressed in days ends on the last day, and if the beginning of the period expressed in days is a certain event, the day on which the event occurred is not taken into account when calculating the period.
5. Confirmation, making available, recording securing any material provisions of the agreement in order to obtain access to this information takes place in the form of:
a) confirmation of the order by sending to an indicated email address: an order, pro forma invoice, information on the right to withdraw from the agreement, these regulations in PDF format, a draft of a form of withdrawal from the agreement in PDF format, links to download on one's own the regulations and the form of withdrawal from the agreement;
b) adding to a fulfilled order, sent to the indicated place of release of the items of printed out: proof of purchase, information on the right to withdraw from the agreement, these regulations, a draft of a form of withdrawal from the agreement.
c) making invoices, correcting invoices, order history, correspondence, offers, messages and settlements available on the platform in electronic form.
6. The Seller ensures that the Buyer using the system may count on the proper operation of the Seller’s shop in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest version of JAVA installed, on screens with a horizontal resolution above 1024 px. Using third-party software having an effect on the operation and functionality of the browsers Internet Explorer, FireFox, Opera, Chrome and Safari may affect the correct display of the shop, so it is recommended to disable this software to obtain the full functionality of the shop delta.poznan.pl and shopdelta.eu.
7. The Seller assures that all reviews of the Products offered by the Seller come only from Customers who have purchased the Product in question. To this end, the Seller shall restrict access to the Product rating and review form only to Customers who have an active customer account where the purchase of the Product in question has been registered in the Order history. Customers who have purchased a Product without registering shall also have access to the rating form. Such Customers shall receive a special link, included in the Order confirmation email, to the rating and review form for the relevant Product.
8. The Buyer may use a feature of saving its details by the shop in order to streamline the process of placing next orders. For this purpose the Buyer should provide login and password necessary to gain access to its account. Login and password are a sequence of characters chosen by the Buyer who is obliged to kept them in confidence and protect them against unauthorised access of third parties. The Buyer may at any time access, correct or update the details or delete an account in the shop.
Section 3 Concluding of the agreement and performance
1. To place the order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:
a) adding the product to the shopping basket;
b) selection of type of delivery;
c) payment type selection; First Data, Tpay, PayPal, cash on delivery, bank transfer, cash.
d) selection of place of release of the item;
e) placing an order in the shop by using the button "I checked the details. I want to send an order".
2. An agreement with a Consumer or Consumer-Entrepreneur shall be concluded at the moment of placing an order.
3. Consumers’ or Consumer-Entrepreneurs’ cash-on-delivery orders shall be executed immediately, and their orders paid by bank transfer or via an electronic payment system - after crediting their payment on the Seller’s account.
4. An agreement with an Entrepreneur shall be concluded at the moment of accepting an order by the Seller, of which fact the Seller shall inform the Entrepreneur within 48 hours of placing the order.
5. Entrepreneurs’ cash-on-delivery orders shall be executed immediately after the agreement conclusion, and their orders paid by bank transfer or via an electronic payment system - after the agreement conclusion and crediting Entrepreneurs’ payment on the Seller’s account.
6. The execution of an Entrepreneur’s order may be subject to payment of all or part of the order value or obtaining a trade credit limit of at least the order value, or the Seller’s consent to sending the cash-on-delivery order.
7. In the case of ordering goods by the Consumer, the Consumer-Entrepreneur, which the Seller does not currently have in its warehouse, the final price may change depending on the applicable price at the given Supplier of the goods.
8. If the products covered by an Order are not in stock and are not available at the Seller’s suppliers or for other reasons and it is not possible to fulfil the Customer’s Order, the Seller shall notify the Customer thereof no later than within 14 (fourteen) days, counting from the date of the Order. In such a case, the Customer shall have the right to decide whether to agree to the fulfilment of the Order within the time limit proposed by the Seller or to withdraw from the contract. If it is not possible to fulfil a part of the Order referred to above, the Customer shall be informed of the Order status and decide how the Order is to be fulfilled. The Customer shall have the option to choose between:
a) partial fulfilment - if the Customer chooses this option, the Order shall be fulfilled for the available Products only
b) cancellation of the entire Order (withdrawal).
9. In the event of withdrawal from the contract, the Seller shall refund the Customer the amount paid as price. A relevant notification shall be sent to the email address indicated by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of notification, the Order shall be cancelled in the part relating to the Products not available.
10. The object of the agreement will be sent within term outlined in the product sheet and for orders comprising multiple products, within the longest term out of terms indicated in the product sheets. The term begins upon fulfilment of the order.
11. The purchased object of the agreement is sent together with a sale document chosen by the Buyer through a type of delivery chosen by the Buyer to the place of release of the item specified by the Purchaser in the order, together with enclosed appendices mentioned in Section 2(6b).
12. Goods shall be delivered using the following carriers, indicated by the Buyer when placing an Order:
a) DPD Polska – NIP [Tax ID No.]: 526 020 41 10 KRS [National Court Reg. No.]: 0000028368
b) DHL Express (Poland) - NIP [Tax ID No.]: 527 002 23 91 KRS [National Court Reg. No.]: 0000047237
c) Raben Logistic Polska - NIP [Tax ID No.]: 777 324 96 77 KRS [National Court Reg. No.]: 0000561623
d) Jas-FBG S.A. Katowice - NIP [Tax ID No.]: 633 000 3565 KRS [National Court Reg. No.]: 0000019000
e) Pocztex - > Poczta Polska S.A. - NIP [Tax ID No.]: 525 000 73 13 KRS [National Court Reg. No.]: 0000334972
f) InPost S.A.- NIP [Tax ID No.]: 679 308 76 24 KRS [National Court Reg. No.]: 0000536554
§4 The right to withdraw from the agreement
1. The Consumer has pursuant to Art. 27 of the Consumer Law the right to withdraw from the agreement concluded at a distance, without providing reasons and bearing costs, with the exception of costs set forth in Art. 33, Art. 34 of the Consumer Law.
2. The period for withdrawal from the agreement concluded at a distance is 14 days from the moment the item is released, and the term is deemed to have been observed if the declaration is sent prior to its expiry.
3. The Consumer may submit a declaration on withdrawal from the agreement on a form which draft constitutes appendix no. 2 to the Consumer Law, on a form available at sklep.delta.poznan.pl/pdf/odstapienie_od_umowy.pdf and shopdelta.eu/pdf/withdrawal_from_agreement.pdf or in other written form as stipulated by the Consumer Law.
4. The Seller excludes the possibility of submitting a declaration on withdrawal from the agreement in other form than in writing.
5. The Seller shall forthwith confirm receipt of the declaration on withdrawal from the agreement to the Consumer to email address (provided at the time of concluding of the agreement and other if it was specified in the submitted declaration).
6. In case of withdrawal from the agreement, the agreement is deemed to not have been concluded.
7. The Consumer is obliged to return to the Seller without undue delay, but not later than within 14 days from the date on which it withdrew from the agreement. The term is deemed to have been observed if the item is send prior to its expiry.
8. The Consumer sends on its own cost and risk the items which are the object of the agreement from which the Consumer withdrawn.
9. The Consumer does not bear costs of delivery of digital contents which are not recorded on a tangible medium, if it did not consent to fulfilment of the order prior to the expiry of the term of withdrawal from the agreement or was not informed on the loss of its right to withdraw from the agreement in the moment of giving such consent or the entrepreneur did not send a confirmation as provided for in Art. 15(1) and Art. 21(1) of the Consumer Law.
10. The Consumer is liable for reduction of the value of the item which is the object of the agreement in the result of using it in a different way than what is necessary to establish its nature, characteristics and functioning.
11. The Seller shall without undue delay, but not later than within 14 days from receipt of the declaration on withdrawal from the agreement submitted by the Consumer, return to the Consumer all payments made by the Consumer, including costs of delivery of the items, and if the Consumer chosen other method of delivery than the cheapest ordinary method of delivery offered by the Seller, the Seller will not reimburse additional costs to the Consumer pursuant to Art. 33 of the Consumer Law.
12. The Seller reimburses the payment with the method of payment that was used by the Consumer, unless the Consumer clearly agreed to a different method of payment which does not expose it to any costs.
13. The Seller may withhold reimbursement of payment received from the Consumer until the item is returned to the Seller or providing by the Consumer a proof of sending the item, depending on which occurs earlier.
14. Pursuant to Article 38 of the Consumer Rights Act, a consumer has no right of withdrawal in the following cases:
a) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs,
b) where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery
Section 5 Statutory Warranty
1. The Seller shall be obliged to deliver the goods free of defects and to perform all services in accordance with the Contract concluded.
2. A Product shall be considered in conformity with the contract if, in particular, its following characteristics remain in conformity with the contract:
a) description, type, quantity, quality, completeness and functionality and, for Products with digital components, also compatibility, interoperability and availability of updates;
b) suitability for the specific purpose for which the Product is needed by the Consumer and of which the Consumer has notified the Seller no later than at the time of the conclusion of the Sales Contract and which the Seller has accepted.
3. In addition, in order to be considered in conformity with the contract, the Product must:
a) be fit for the purposes for which a Product of that type is normally used, taking into account applicable law, technical standards or good practice;
b) be in such quantity and have such features, including durability and safety and, for Products with digital components, functionality and compatibility, as are typical of a Product of that type and which the Consumer may reasonably expect, taking into account the nature of the Product,
c) be supplied with packaging, accessories and instructions which the Consumer may reasonably expect to be supplied;
d) be of the same quality as the sample or model made available by the Seller to the Consumer before the conclusion of the contract and correspond to the description of such a sample or model.
4. The Seller shall not be liable for the non-conformity of a Product with the sales contract if the Consumer has been expressly informed that a specific feature of the Product deviates from the conformity requirements set out above and has accepted the lack of a specific feature of the Product.
5. The Seller shall be liable for the non-conformity of the Product with the contract resulting from improper installation of the Product if:
a) it has been carried out by or under the responsibility of the Seller;
b) incorrect installation carried out by the Consumer has been due to errors in the instructions provided by the Seller or a third party (in the case of a Product with digital components).
6. If the delivered Product is found to be defective, the Customer may, at his/her/its choice, exercise his/her/its guarantee rights, if a guarantee for quality has been granted, and his/her/its warranty rights from the Seller. The guarantee rights and warranty rights are independent of each other.
7. In the event of a defect in the Product delivered or services provided, the Customer may lodge a complaint and inform the Seller of the observed irregularities, document these irregularities for the purposes of verification of the objections and indicate whether the Customer demands the Product to be repaired or replaced with a new one. Complaints may be submitted electronically or in writing to the Seller’s address.
8. For contracts concluded with Consumers and Entrepreneurs with consumer rights, the Seller shall be liable under warranty for defects and/or contractual liability for the services provided. This liability shall be excluded in relation to Customers with other status.
9. The Seller shall immediately, but no later than within 14 days from the date of receipt of a complaint, take a position on the complaint and inform the Customer about further procedure. The Seller shall immediately notify the complainant of the outcome of the complaint handling process, in writing to the address specified in the complaint.
10. In the first instance, the Consumer may request the Seller to repair or replace the Product with a new one.
11. If the Seller:
a) has refused to repair or replace the Product or has failed to bring it into conformity with the contract;
b) the defect persists despite attempts to remedy it;
c) the defect in the goods is too significant for the Product to be repairable;
d) the Seller has declared to the Customer or it appears from the circumstances that it will not be possible to bring the Product into conformity with the contract within a reasonable time limit or at a reasonable cost
In such a case, the Customer may demand either a price reduction or withdrawal from the contract.
12. Transport of the Products subject to complaint under the warranty for defects shall be carried out at the Seller’s expense using the shipping method indicated by the Seller. The Seller shall not accept parcels sent back cash on delivery. In some cases, it may not be necessary to send back the Product subject to the complaint, and the Seller may be satisfied with the visual inspection of the photos provided by the Consumer or Entrepreneur with consumer rights, of which the Seller shall inform the complainant upon receipt of the complaint.
13. If the Customer has chosen to withdraw from the contract, all payments made by the Customer, including delivery costs, shall be refunded to the Customer without delay, but no later than within 14 days from the date on which the Customer is informed that the complaint has been accepted by the Seller. The refund of payments made by payment card or electronic transfer shall be made to the bank account from which the payment was made, unless the Customer expressly gives, before the refund is made, another refund instruction that does not generate additional costs.
14. In the event of a dispute between the Seller and the Customer as to the legitimacy of the refusal of a complaint, the Customer being a Consumer shall have the right to use out-of-court ways of dealing with complaints and pursuing claims. The Customer may use mediation or an amicable court by providing the institution before which the proceedings are to take place with an appropriate form - an application for mediation or a request for amicable settlement of a dispute. A list of examples of institutions with contact details is available at www.uokik.gov.pl. In addition, at http://ec.europa.eu/consumers/odr the Consumer may resolve consumer disputes electronically via the EU online platform (ODR platform). An Entrepreneur with consumer rights shall not have this right.
Section 7 Final provisions
1. None of the provisions of these regulations is aimed at violation of the Buyer's rights. Furthermore, they may not be construed in such way as in the event of a conflict of any part of these regulations with the applicable law, the Seller declares that it will unconditionally apply this law in the place of the disputed provision of the regulations.
2. The registered Buyers will be informed about modifications to the regulations and their scope by email̨ (to email address specified at registration or placing of the order). A notification will be sent at least 30 days in advance of coming into force of new regulations. Modifications will be introduced in order to adapt the regulations to the current legal state.
3. An up-to-date versions of the regulations is always available for the Buyer in the regulations tab (delta.poznan.pl and shopdelta.eu/regulamin). In the course of fulfilment of the order and throughout the period of after-sales service, the Buyer is obliged to adhere to the regulations accepted by it at the placing of the order, subject to a situation when the Consumer deems them to be less favourable than the current ones and informs the Seller on the selection of the current ones for the applicable regulations.
4. To all matters not settled herein the relevant applicable laws shall apply. If the Consumer consents to it, disputes shall be settled through mediation proceedings or arbitration court proceedings. As a last resort, a matter is settled by the court of competent local and subject-matter jurisdiction.
Version 15.0 (Poznań, 14-02-2023)
Legacy versions of the regulations:
Version 14.0 (Poznan, 09-03-2021)
Version 13.0 (Poznan, 25-05-2018)
Version 12.0 (Poznań, 24-12-2014)
Version 4.3 Poznan as of 14-07-2012