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. Code of good practices – a set of rules of conduct, in particular ethical and professional standards mentioned in Art. 2(5) of the Act on prevention of unfair market practices of 23 August 2007, as amended.
11. Consumer – an adult individual having full capacity to perform acts in law making from the Seller a purchase directly related with its business or professional activity.
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 the Consumer and the Client.
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. 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.
22. Item – moveable property which can be or is the object of the agreement.
23. Shop – a website available at delta.poznan.pl and shopdelta.eu through which the Buyer may place an order.
24. Seller: Delta-Opti Monika, Matysiak 60-713 Poznań, Graniczna 10, Poland, Tax Identification No. (NIP): PL525-129-52-25, REGON statistical no.: 634517778, 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: PL17 1060 0076 0000 3200 0129 0014
25. System – a unit of cooperating IT devices and software, ensuring processing and storing as well as sending and receiving of data through ICT networks with terminal equipment proper for a relevant type of network, popularly called the Internet.
26. Term of fulfilment – a number of hours or working days specified on the product sheet
27. Agreement – agreement concluded outside entrepreneur's office or at a distance within the meaning of the Consumer Right Act of 30 May 2014 in case of the Consumers and sale agreement within the meaning of Art. 535 of the Act – Civil Code of 23 April 1964 in case of the Buyers.
28. Defect – both physical defect, and legal defect.
29. 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 properties about which existence the Seller assured the Consumer,
c) is not fit for purpose about which the Consumer advised the Seller after concluding the agreement, and the Seller did not enter a reservation in regard to such use;
d) was released to the Consumer incomplete;
e) in case it was incorrectly installed and started up, if these actions were carried out by the Seller or a third party for which the Seller is liable or by the Consumer who followed an instruction received from the Seller;
f) it does not have a property about which the manufacturer, its representative or a person who places the item on the market as part of its business activity and a person who by putting its name, trademark or other distinguishing marking on the sold item presents itself as its manufacturer assured, unless the Seller did not know these representations and, reasonably evaluating, could not know them or they could not affect the Consumer's decision on entering into the agreement or if their content was corrected prior to entering into the agreement.
30. 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.
31. 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. 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.
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 the Buyer using the system correctness of functioning of the shop in the following web browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with installed newest versions of JAVA and FLASH, on screens with horizontal resolution of over 1024 px. Use of third party software affecting functioning and features of web browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect correct displaying of the shop on the screen, therefore, in order to achieve full functionality of delta.poznan.pl and shopdelta.eu shop, they need to be all turned off́.
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.
10. The Seller shall comply with the code of good practices.
Section 3 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) selection of type of payment;
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. The agreement with the Consumer is concluded upon placing of the order.
4. Fulfilment of the Consumer's COD order is made immediately, and the order paid by a bank transfer or through an electronic payment system after crediting Consumer's payment to Seller's account.
5. The agreement is concluded with the Client upon acceptance of the order by the Seller, about which the Seller shall inform the Client within 48 hours from placing of the order.
6. Fulfilment of the Client's COD order takes place immediately after the agreement is concluded, and of the order paid by a bank transfer or through an electronic payment system after concluding the agreement and crediting the Client's payment to the Seller's account.
7. Fulfilment of the Client's order may be subject to payment of full value or a part of the value of the order or obtaining a trade credit limit at least equal to the value of the order or Seller's consent for sending the COD order (paid at receipt).
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).
Section 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. 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 5 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. The administrator of databases of personal data provided by the Consumers of the shop is the Seller.
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 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.