The agreement may be concluded between the Buyer and the Seller in two ways. Prior to placing the order, the Buyer has the right to negotiate any provisions of the agreement with the Seller, including these modifying provisions of these regulations. The negotiations should be held in writing and directed to Seller's address: Delta-Opti Monika Matysiak 60-713 Poznań, Graniczna 10. In the event the Buyer resigns from concluding an agreement through individual negotiations, these regulations and the applicable law shall apply.
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.
5. Delivery - type of transport service with an indication of the carrier and the cost listed in the cart located at delta.poznan.pl and shopdelta.eu website
6. Proof of purchase – an invoice or a receipt issued pursuant to the Value Added Tax Act of 11 March 2004, as amended and other relevant laws.
7. Product sheet – a single subsite of the shop containing information about a single product.
8. Client – an adult individual having full capacity to perform acts in law, a legal person or organisational unit without legal personality and having capacity to perform acts in law, making from the Seller a purchase directly related with its business or professional activity.
9. Civil Code – the Act – Civil Code of 23 April 1964, as amended.
10. 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.
11. 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).
12. Shopping basket – a list of products compiled out of products offered in the shop on the basis of Buyer's choices.
13. Buyer – both Consumer or Consumer-Entrepreneur and Entrepreneur.
14. Place of release of the item – mailing address or pick-up location specified in the order by the Buyer.
15. Moment the item is released – moment in which the Buyer or a third party indicated by the Buyer takes the possession of the item.
16. Payment – a method of making payment for the object of the agreement and delivery mentioned at delta.poznan.pl and shopdelta.eu
17. Consumer law – the Act on Consumer Rights of 30 May 2014.
18. 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).
19. Object of the Agreement – products and delivery which are the object of the agreement.
20. Object of the order – object of the agreement.
21. 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.
22. Pick-up location – place of release of the item which is not the postal address, specified in a list made available by the Seller in the shop.
23. Regulations – this document
24. Item – moveable property which can be or is the object of the agreement.
25. Shop – a website available at delta.poznan.pl and shopdelta.eu through which the Buyer may place an order.
26. 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
27. System – a set of collaborating IT devices and software ensuring the processing and storage as well as sending and receiving data via telecommunications networks by means of a terminal device appropriate for a given type of network, commonly referred to as the Internet.
28. Term of fulfilment – a number of hours or working days specified on the product sheet
29. 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.
30. Defect – both physical defect, and legal defect.
31. Physical defect – noncompliance of the sold item with the agreement, in particular if the item:
a) does not have properties which this type of item should have due to the purpose set forth in the agreement or resulting from circumstances or intended use;
b) does not have the characteristics of the existence of which the Seller assured the Consumer or the Consumer-Entrepreneur;
c) is not fit for the purpose about which the Consumer or Consumer-Entrepreneur informed the Seller at the conclusion of the agreement, and the Seller did not raise reservations as to such purpose;
d) has been handed over to the Consumer or the Consumer-Entrepreneur in an incomplete state;
e) in the case of its incorrect installation and start-up, if these activities have been performed by the Seller or a third party for which the Seller is responsible, or by the Consumer or the Consumer-Entrepreneur who have followed the instructions provided by the Seller;
f) it does not have the characteristics declared by the manufacturer or its representative, or by the party placing the product on the market within the scope of its economic activity, or by the party who, by placing its name, trademark or other distinctive sign on the product sold, presents itself as its manufacturer, unless the Seller did not know and could not have reasonably known those declarations, or those declarations could not have influenced the decision of the Consumer or Consumer-Entrepreneur regarding the conclusion of the agreement, or if the content of those declarations had been corrected prior to the conclusion of the agreement.
32. Legal defect – a situation in which a sold item constitutes property of a third party or it is encumbered with a third party right or if restriction on use or disposal of the item results from a decision or judgment of a competent body.
33. 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.
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. The Seller is obliged and undertakes to render services and deliver items free from defects.
4. All prices specified by the Sellers are in the Polish currency and are gross prices (they include VAT). Prices of the products does not include cost of delivery which is set out in delivery price list.
5. 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.
6. 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.
7. The Seller does not charge any fees for communication with it with means of distance communication, and the Buyer shall bear all its costs in the amount resulting from a contract concluded by it with a third party rendering to it a specific service allowing distance communication.
8. 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.
9. 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.
§3 Risks related to the use of services provided by electronic means
1. Delta-Opti Monika Matysiak, meeting its obligation under Article 6(1) of the Act of 18 July 2002 on Providing Services by Electronic Means (JoL RP No. 144, item 1204, as amended), hereby informs about particular risks related to using by users services provided by electronic means. This information pertains to risks that may occur only potentially. The primary risks connected with the use of the Internet include:
a) malware – various applications or scripts, such as viruses, worms or Trojans, that have a harmful, criminal or malicious effect on network users’ ICT systems;
b) spyware - programmes that track users’ activities to gather information about the users and send it - usually without the users’ knowledge or consent - to the programme’s author;
c) spam – unsolicited bulk e-mails, often with an advertising content;
d) phishing – fraudulent attempts to obtain sensitive personal information (e.g. passwords) by impersonating a trustworthy person or institution;
e) breaking in to users’ ICT systems using hacking tools;
f) cryptanalysis – finding weaknesses in a cryptographic system to break or circumvent it.
2. To avoid the above risks, the Buyer should provide anti-virus software and a firewall to his/her computer and other electronic devices the Buyer uses to connect to the Internet. This software should be constantly updated.
Section 4 Concluding of the agreement and performance
1. Orders may be placed 24 hours a day.
2. 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".
3. An agreement with a Consumer or Consumer-Entrepreneur shall be concluded at the moment of placing an order.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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).
10. 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
Section 5 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. As stipulated by Art. 38 of the Consumer Law, the Consumer does not have the right to withdraw from the agreement:
a) in which the price of compensation depends on fluctuations on the financial market which are beyond Seller's control and which may occur before the term of withdrawal from the agreement;
b) in which the object of the order is the non-prefabricated item, manufactured according to Consumer's specifications or for the purpose of satisfying its individual needs;
c) in which the object of the order is the item which deteriorates or expires rapidly;
d) in which the object of the order is the item delivered in sealed packaging which may not be returned after opening of the packaging due to health protection or for hygienic reasons, if the packaging was opened after delivery;
e) in which the object of the order are items which after delivery, due to their character, become inseparably combined with other items;
f) in which the object of the order are sound or visual recordings or computer software delivered in sealed packaging, if it was opened after delivery;
g) for delivery of digital contents which are not recorded on a tangible medium, if fulfilment of the order was commended upon explicit consent of the Consumer prior to the expiry of the term of withdrawal from the agreement and after informing it by the entrepreneur about the loss of the right to withdraw from the agreement;
h) for delivery of daily papers, periodicals or magazines, with the exception of subscription agreement.
Section 6 Statutory Warranty
1. The Seller pursuant to Art. 558(1) of the Civil Code fully excludes liability towards the Customers on account on physical and legal defects (statutory warranty).
2. The Seller is liable towards the Consumer under the principles set out in Art. 556 of the Civil Code and subsequent ones for defects (statutory warranty).
3. In case of the agreement with the Consumer, if a physical defect was found before the expiry of one year from the moment the item was released, it is deemed to have existed in the moment of transferring of the risk onto the Consumer.
4. If the sold item has a defect, the Consumer may:
a) submit a declaration on the demand of reduction of the price;
b) submit a declaration on withdrawal from the agreement;
unless the Seller without undue delay and excessive inconvenience for the Consumer replaces the defective item with the item free of defects or remedies the defect. However, if the item was already replaced or repaired by the Seller or the Seller did not discharge the obligation of replacement of the item with the item free of defects or remedying the defect, it does not have the right to replace the item or remove the defect.
5. The Consumer may, instead of remedying of the defect offered by the Seller, demand replacement of the item with the item free of defects or instead of the replacement of the item, demand remedying the defect, unless making the item consistent with the agreement with a method chosen by the Consumer is impossible or it would require excessive costs compared to the method proposed by the Seller, where in the assessment of excessiveness of costs the value of the item free of defects, type and significance of found defect, and inconvenience to which the Consumer would be exposed due to other method of satisfying Consumer's demand are taken into account.
6. The Consumer may not withdraw from the agreement if the defect is insignificant.
7. If the sold item has a defect, the Consumer may also:
a) demand replacement of the item with the item free of defects;
b) demand remedying the defect.
8. The Seller is oblige to replace the defective item with the item free of defects or remove the defect within a reasonable period of time without causing excessive inconvenience to the Consumer.
9. The Seller may refuse to satisfy Consumer's demand if making the defective item consistent with the agreement with the method chosen by the Buyer is impossible or compared with the second possible method of making the item consistent with the agreement it would require excessive costs.
10. In the event the defective item was installed, the Consumer may demand from the Seller dismantling and reinstallation after replacement with the item free of defects or remedying the defect, but it is obliged to bear of costs related with it, which exceed the price of the sold item or may demand from the Seller payment of a part of the costs of dismantling and reinstallation, up to the value of the sold item. If the Seller fails to discharge this obligation, the Consumer shall be entitled to take these actions on Seller's expense and risk.
11. The Consumer who exercises rights under the statutory warranty is obliged to deliver, on Seller's expense, the defective item to the address for complaints, and if due to a type of the item or the method of its dismantling delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place in which the item is located. If the Seller fails to discharge the obligation, the Consumer shall be entitled to send the item on Seller's expense and risk.
12. Costs of replacement or repair shall be borne by the Seller, with the exception of the situation detailed in Section 4(10).
13. The Seller is obliged to collect the defective item from the Consumer in case of replacement of the item with the item free of defects or withdrawal from the agreement.
14. The Seller shall respond within fourteen days to:
a) a declaration on demand of reduction of the price;
b) declaration on withdrawal from the agreement;
c) a demand of the replacement of the item with the item free of defects;
d) a demand of remedying the defect.
Otherwise the Seller is deemed to have accepted the Consumer's declaration or demand.
15. The Seller is liable under the statutory warranty if the physical defect is found before two years elapse from the moment the item is released to the Consumer, and if the object of the sale is the used item, before one year elapses from the moment the item is release to the Consumer.
16. Consumer's claim for remedying of the defect or replacement of the sold item for the item free of defects is time-barred after one year from the day of finding the defect, but no earlier than before two years from the moment the item is released to the Consumer, and if the object of the sale is the used item, before one year from the moment the item is released to the Consumer.
17. In the event the expiration date of the item specified by the Seller or the manufacturer is exceeded after two years from the moment the item is released to the Consumer, the Seller shall be liable under the statutory warranty for physical defects of this item found before the expiry of this term.
18. Within the terms set forth in Section 4(15-17) the Consumer may submit a declaration on withdrawal from the agreement or reduction of a price due to the physical defect of the sold item, and if the Consumer demanded replacement of the item with the item free of defects or remedying of the defect, the term for submitting a declaration on withdrawal from the agreement or reduction of the price begins when the term for replacement of the item of remedying of the defect expires and the demanded actions are not taken.
19. In case of pursuing before the court or the arbitration court of one of the rights under the statutory warranty, the term of exercising other rights of the Consumer on this account is suspended to the time of final conclusion of the proceedings. It applies to the arbitration proceedings, accordingly, where the term for exercising other Consumer's rights under the statutory warranty begins from the day of the court's refusal to approve settlement made before an arbitrator or conclusion of the arbitration without any results.
20. Section 4(15)-(16) shall apply to exercising rights under the statutory warranty for legal defects of the sold item, where the term begins from the day in which the Consumer learned about the defect, and if the Consumer learned about the defect only in the result of bringing action by a third party – from the day in which the judgment awarded in a dispute with the third party became final.
21. If due to the defect of the item the Consumer submitted a declaration on withdrawal from the agreement or reduction of the price, it may demand remedying of damage incurred in the result of the fact that it concluded the agreement, not being aware about the existence of the defect, even if the damage was caused by circumstances not attributable to the Seller, and in particular it may demand reimbursement of the costs of concluding of the agreement, costs of pick-up, transport, storage and insurance of the item, reimbursement of incurred expenditures to the extend it did not gain benefits out of them, and they were not reimbursed by a third party, and reimbursement of costs of the court proceedings, notwithstanding the laws on the obligation of remedying the damage according to general principles.
22. Elapsing of any term for finding the defect does not exclude exercising rights under the statutory warranty if the Seller fraudulently concealed the defect.
23. If the Seller is required to a benefit or a financial benefit to the Consumer will do so without undue delay, and no later than the period provided for in the law.
1. Complaints shall be filed electronically by filling in the Complaint Form or in writing, by filling in the PDF form and sending it to the Seller’s addresses provided herein. It is recommended to include in the complaint a concise description of the defect, the date on which the defect occurred, the details of the Consumer or Consumer-Entrepreneur making the complaint and their request concerning the complaint, etc.
2. The Seller shall respond to a complaint request of a Consumer or Consumer-Entrepreneur within 14 days. The complaint time limit shall start running on the day of receipt of the complaint, unless the subject of the complaint is a product and handling the complaint requires its inspection - then the complaint time limit shall start running on the day of receipt of the product.
3. The Seller reserves the possibility to extend the above time limit in particularly justified cases, e.g. in the case of a force majeure event or when the handling of the complaint within the said time limit is impossible due to the complexity of the complaint or the necessity to undertake other activities related to its handling, and its key handling is impossible or excessively difficult under the usual procedure.
The Personal Data Controller undertakes to protect personal data in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 and art. 6 section 1 point f GDPR Act of 25/02/2016 on data protection in relation to the processing of personal data and on the free movement of such data.
2. The Seller is obliged to protect personal data pursuant to the Personal Data Protection Act of 29 August 1997 and the Act on Provision of Services by Electronic̨ Means of 18 July 2002. By providing its personal data to the Seller at the placing of the order, the Buyer consents to processing of it by the Seller for the purpose of fulfilment of a placed order. The Buyer may at any time access, correct, update or delete its personal data.
Section 8 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.