Definitions

The terms used in the Regulations mean:
1. Customer – a natural person, a legal person or an organizational unit without legal personality, to which specific provisions grant legal capacity, who places an Order for the Seller’s goods or uses services provided electronically;
2. Consumer – a customer who is a natural person and concludes a legal transaction with the Seller not directly related to his or her business or professional activity.
4. Entrepreneur – a natural person, a legal person, an organizational unit without legal personality, which, in accordance with Art. 431 of the Civil Code, conducts business or professional activity on its own behalf.
5. Privileged Entrepreneur – an entrepreneur who is a natural person running a sole proprietorship, who places an order and concludes an agreement directly related to his or her business or professional activity, but not of a professional nature.
6. Seller – Derwi Sp z o. o. with place of business: ul. 23 Marca 91A/77, 81-820 Sopot, entered into the National Court Register under the NIP number 585-149-52-34, REGON number 520247732
7. Regulations – these Regulations
8. Online Store (Store) – the internet service available at https://www.sopot-kominowewklady.pl/, through which the Customer can place Orders and through which free electronic services are provided;
9. Goods – products presented in the Online Store;
10. Order – declaration of intent (offer) of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of Goods, the price, the method of delivery and the payment method.
11. Sales Agreement – ​​a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, concluded using the Store’s website, as well as via e-mail correspondence;
12. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
13. Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
14. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

§ 1 General Provisions

1. These regulations define the rules:

  • using the Online Store,
  • placing orders for goods in the Online Store,
  • delivering the ordered goods to the Customer,
  • the Customer pays the sales price of the goods and shipping costs,
  • concluding a contract via the Online Store and via e-mail and telephone,
  • submitting and considering complaints regarding the sale of goods and the principles of submitting and considering complaints regarding services provided electronically.

2. These Regulations, within the scope of the provisions contained in § 2, constitute regulations for the provision of services by electronic means, referred to in Article 8 of the Act on the Provision of Services by Electronic Means.  
3. The provisions of § 1; § 2 point 1, § 3 points 1 and 3; § 5-14 also regulate the rights and conditions of the parties in the event of concluding a sales contract via email or telephone, constituting general terms and conditions of the contract.
4. Customers can access these Regulations at any time via the Store’s website, download and print them.
5. Information about goods available in the Online Store’s assortment constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. The characteristics of the goods are included in the description of the given goods.
6. The Seller reserves the right to change the prices of Goods presented in the Store, introduce new Goods, withdraw Goods already on sale, conduct and cancel promotional campaigns on the Store’s website, or introduce changes thereto. Any changes do not apply to orders already placed.
7. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer under mandatory provisions of law. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail, and the remaining provisions shall remain in force to the fullest extent permitted by law.

§ 2 Technical requirements and rules for using the online store and services provided electronically

1. The Seller provides the following services electronically free of charge:
a) an Online Store available at https://www.sopot-kominowewklady.pl/, allowing you to familiarize yourself with the Store’s product range;
b) an interactive order form enabling you to select Goods, place an order for Goods, and conclude a contract (configurator, calculator, shopping cart);
c) the ability to talk to a consultant via an online chat service (if currently available on the Online Store’s website);
2. The Customer is authorized and obliged to use the Store and services provided electronically in accordance with their intended purpose.
3. To use the Online Store, you must have:
a) a computer or other device with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera with Cookies and JavaScript enabled;
b) an active e-mail account;
4. The Customer is obligated to refrain from any activity that could affect the proper functioning of the Store and the Seller’s email account, including, in particular, any interference with the content of the Store or its technical elements. It is prohibited to use the Store and the Seller’s email account for purposes other than its intended purpose. The Customer is prohibited from providing illegal content.
5. In order to ensure the security of the transmission of messages and data in connection with the services provided within the Online Store, the Seller takes technical and organizational measures appropriate to the level of security risk to the services provided, in particular measures to prevent unauthorized access and modification of personal data transmitted online.
6. Browsing the Online Store’s assortment and placing orders does not require creating an account.
7. The Seller takes actions necessary for the proper and correct operation of the Online Store to the extent resulting from current technical knowledge, including IT knowledge.  
8. Complaints regarding services provided electronically can be submitted:
a) by email to the following address: info@sopot-kominowewklady.pl
b) in writing to the Seller’s address – Derwi Sp z o. o., ul. Konna 35, 80-174 Otomin.
The complaint should include as much information and circumstances as possible concerning the subject of the complaint, including, if possible, the date the irregularity occurred. The complaint should also include the email address.
9. The Seller will respond to the complaint within 14 days of its submission.

§ 3 Placing orders and concluding a contract

1. Orders can be placed via:
a) the Online Store located at: https://www.sopot-kominowewklady.pl
b) by email to the address indicated on the Store’s website info@sopot-kominowewklady.pl
c) by phone to the contact telephone number indicated on the website – (+48) 587 336 467
2. Placing orders via the Online Store is possible 24 hours a day, every day.  
3. Placing orders by phone and email is possible on business days (Monday – Friday) during the hours indicated on the Store’s website, excluding public holidays specified in the Act of 18 January 1951 on public holidays (Journal of Laws of 1951, No. 4, item 28, as amended).


§ 4 Placing orders via the Online Store

1. To conclude a Sales Agreement via the Online Store, visit the Online Store website, select the Goods and their quantity, taking subsequent steps based on the displayed messages and information available on the Store website. The Customer selects the Goods to be ordered by adding them to the shopping cart.
2. To place an Order in the Online Store, it is necessary to:
a) select the Goods and add them to the shopping cart,
b) complete the form by providing the required data (including personal and address details),
c) accept the Terms and Conditions,
d) press the “order and pay” button
. 3. After selecting the Goods for the shopping cart and completing the form, an Order summary will be displayed, allowing the Customer to additionally review the order before submitting it. The Order Summary contains information regarding:
a) the subject of the order,
b) the unit and total price of the ordered goods,
c) delivery costs,
c) the selected payment method,
d) the selected delivery method.
Until the “Order and pay” button is pressed (i.e., the order is placed), the Buyer has the option to modify the entered data and change the selected Goods, payment method, and delivery method.
4. The order is placed by clicking the “Order and pay” button. Sending the Order by the Customer constitutes a declaration of intent to conclude a Sales Agreement (offer) with the Seller, in accordance with the Terms and Conditions.
5. Subject to point 6 below, after placing the Order, the Seller will send information to the e-mail address provided by the Customer confirming all essential elements of the Order, in particular the price, payment method, delivery method, and address details (order acceptance confirmation). Sending the order confirmation constitutes the Seller’s acceptance of the offer to conclude a contract and signifies the conclusion of a sales agreement between the Seller and the Customer.
6. If the goods covered by the order are temporarily unavailable, the Seller will inform the Buyer of this situation. If the Buyer does not consent to the order being fulfilled in a different form (in particular, to exchanging the goods for similar ones with similar properties and price), the Customer’s offer will not be accepted and the order will be canceled.
7. Confirmation of the conclusion of the contract, disclosure, recording, and securing of essential provisions of the sales contract for the Customer to gain access to this information in the future, is effected by sending an order confirmation in the manner indicated in paragraph 5. Furthermore, the confirmation includes information about the right to withdraw from the contract.

§ 5 Placing orders via e-mail and telephone

1. In order to place an Order via e-mail, it is necessary to:

  • selecting the Goods available on the Online Store website and sending a list of selected Goods to the e-mail address along with an indication of their quantity;
  • in the case of Customers who are consumers, providing the required data – name and surname, residential address details, shipping address details (if different from the address details), Customer’s contact telephone number;
  • in the case of Customers who are entrepreneurs and privileged entrepreneurs, provide the full name of the company along with the tax identification number, address details of the company’s registered office, shipping address details (if different from the company’s registered office), the Customer’s contact telephone number and data necessary to issue an invoice.

2. The Seller sends the Customer an email containing a summary of the order, including the subject of the order, the total price and shipping costs, the payment method, and the delivery method. Attached to the email are information about the Online Store’s terms and conditions and information about the right to withdraw from the contract.
3. Upon receipt of the return message confirming the Customer’s acceptance of the presented offer, a sales contract is concluded between the parties.
4. Confirmation of the conclusion of the contract, disclosure, recording, and securing of essential provisions of the sales contract for the Customer’s future access to this information is effected by sending a confirmation of order acceptance in the manner indicated in paragraph 2 and sending information about receipt of the order.

Placing orders by phone

5. The conversation with the consultant may be preceded by listening to automated messages.
6. The Customer bears the cost of the call in accordance with their telecommunications provider’s tariff.
7. During the telephone conversation, the Customer and the consultant agree on the details of the order, including the goods to be ordered, their quantity, payment method, and delivery method. To send the offer, the Consultant will ask the Customer to provide personal data, a contact telephone number, and an email address.
8. The Seller will send the Customer an email containing a summary of the telephone arrangements, including the subject of the order, the total price and shipping costs to be paid, the payment method, and the delivery method. Attached to the email are information about the Online Store’s terms and conditions and information about the right to withdraw from the contract.
9. Upon confirmation of the offer by the Customer, a sales contract is concluded between the parties.
10. Confirmation of the conclusion of the contract, sharing, recording, and securing of the essential provisions of the sales contract for the purpose of the Customer’s future access to this information is effected by sending a confirmation of order acceptance in the manner indicated in paragraph 2 and by sending information about receipt of the order.

§ 6 Prices, delivery costs and payment methods

1. Prices of Goods in the Store are expressed gross in Polish currency and include VAT. If a given Good is priced in a foreign currency, it is a gross price.
2. Shipping costs are not included in the price of the Goods.  
Shipping costs are listed separately from the gross price and include VAT.
3. The Customer may pay the price and shipping costs in the following ways:
a) by bank transfer to the following bank account number:
Bank Millennium
PL 03 1160 2202 0000 0005 0784 8324

Derwi Sp z o. o
. ul. 23 Marca 91A/77
81-820 Sopot
NIP: 585-149-52-34

If the transfer method is selected, the Customer is obliged to indicate in the transfer:

  • your name and surname or company name
  • order number

The transfer should be made no later than three days from the date of sending the order confirmation.
b) cash on delivery – payment is made upon delivery of the Goods (if available for the given product(s);
c) electronic payment, so-called quick transfer, via these payment providers (if the option to select this payment method is available when placing the order). To make an electronic payment, the Customer will be redirected to the website of the selected entity. The terms of payment and the content of any requested consents are regulated by the given entity. Before making a payment, the Customer should always review the terms and conditions of the payment provider’s services and the content of any requested consents;
d) payment by installments – if such an option is available for the given product(s).
 
Electronic payment – ​​is not available for orders placed by phone or email.
4. Supplier fees for the Customer’s use of the selected payment methods are borne by the Seller, excluding fees or commissions charged by the bank or other financial institution maintaining the Customer’s account.
5. If the Customer chooses to pay by bank transfer, the Seller has the right to cancel the order via email (withdraw from the contract) if the Customer fails to pay within 3 days of the order confirmation date. The right to cancel may be exercised within 14 days of the order confirmation date.
6. Due to courier company regulations, cash on delivery is not available for orders worth PLN 8,000 or more.

§ 7 Delivery of goods

1. Fulfillment of the Customer’s Order begins:
a) in the case of an order paid by bank transfer to the Seller’s account – after the Customer’s payment is credited to the Seller’s bank account and confirmation of order acceptance is sent;
b) in the case of payment via electronic payment providers – after the Seller receives confirmation of payment and confirmation of order acceptance is sent;
c) in the case of an order paid cash on delivery – after the Customer is informed that the Seller has received the order.
2. Fulfillment of Orders placed on weekdays (Monday – Friday) after 6:00 PM, as well as placed on Saturdays, Sundays, and non-working days specified in the Act of 18 January 1951 on non-working days (Journal of Laws of 1951, No. 4, item 28, as amended) will begin on the next business day.
3. The deadline for transferring the order for shipment to the courier company is up to 48 hours on business days from the conclusion of the sales contract, provided the goods are in stock, and 3-14 days if the product is out of stock and needs to be sourced from the supplier.
4. Shipments are delivered by courier company. The estimated delivery date for the Goods after preparation for shipment is up to 7 business days. In accordance with the Civil Code, the Store is obligated to deliver the goods no later than 30 days from the date of order confirmation, unless the Parties have agreed on a different delivery deadline.
5. We hereby inform you that, in accordance with the provisions of the law – Article 545 of the Civil Code. If the sold item is sent to its destination via a carrier, the buyer is obligated to inspect the shipment at the time and in the manner customary for such shipments. If they discover that the item has been lost or damaged during transportation, they are obligated to take all necessary actions to determine the carrier’s liability. The above information does not exclude or limit any rights of the Customer who is a Consumer or a Privileged Entrepreneur granted under the law.

§ 8 Liability for defects – warranty. Complaints regarding Goods

1. The Seller is obligated to deliver products without defects. Subject to the provisions of point 2 below, the Seller is liable to the Customer for physical and legal defects of the goods under the terms of the Civil Code on warranty.
2. Complaints can be submitted in writing to the following address: Derwi Sp z o. o., ul. Konna 35/11, 80-174 Otomin.
3. In the complaint, the Customer should at least:
a) provide their first and last name or company name,
b) provide an email address for correspondence
, c) provide the order number,
d) describe the problem.

The complaint should be submitted together with:
a) the goods in question (this is necessary to assess the validity of the complaint),
b) a copy of the order confirmation (if the customer has it).
4. The Seller will respond to the complaint within 14 days. If the required information is not provided in the complaint, the Seller will contact the complainant by email to supplement the complaint.
5. To exercise the right to file a complaint, the Customer may use the form available on the store’s website. The form is available for downloading, saving, and printing. Using the form is not mandatory, but may facilitate filing a complaint.
6. If the complaint is upheld, the refund of payments made by the Customer is regulated in § 11.
7. The Seller informs that conducting the complaint procedure does not limit the Customer’s access to judicial or extrajudicial dispute resolution.

§ 9 Warranty Information

1. The Seller informs that, regardless of liability for defects in the Goods under warranty, a warranty may be provided for the Goods sold by the manufacturer or importer of the goods (the Seller is not a guarantor). The warranty terms are specified by the manufacturer/importer and are provided with the delivery of the Goods.
2. The method and rules for submitting warranty claims are governed by the warranty. Warranty claims will be processed in accordance with the warranty.

§ 10 Right to withdraw from the contract

1. In accordance with the law, the following persons are entitled to withdraw from the contract (resign from goods purchased in the Online Store) without giving a reason:
a) a Customer who is a consumer,
b) a Customer who is a privileged entrepreneur, who has concluded the contract in connection with their business or professional activity, but which is not of a professional nature for them.
In the event of withdrawal from the contract, the contract is deemed not concluded, and the Customer and the Seller are obliged to return any payments received.
2. In order to exercise the right referred to in par. 1, the Consumer is obliged to send the Seller a declaration of withdrawal from the contract in writing to the address Derwi Sp z o. o., ul. Konna 35/11, 80-174 Otomin, or by e-mail. For your convenience, the form is provided in a form that allows it to be downloaded, saved, and printed. Using the form is not mandatory, but may facilitate the exercise of the right of withdrawal.
3. In order to exercise the right referred to in par. 1. The privileged entrepreneur is obligated to send a declaration of withdrawal from the contract to the Seller in writing to the address Derwi Sp z o. o., ul. Konna 35/11, 80-174 Otomin, or by email. In the declaration, the entrepreneur should indicate whether the contract was concluded in connection with their business or professional activities, but was not of a professional nature for them, or whether the contract was concluded as part of their business or professional activities and was of a professional nature for them.
4. For convenience, the form is provided in a form that allows it to be downloaded, saved, and printed. Using the form is not mandatory, but may facilitate the exercise of the right of withdrawal.
5. Pursuant to Article 37, Section 3 of the Consumer Rights Act, the right of withdrawal does not apply if the subject of the order is a non-prefabricated item, manufactured according to the Customer’s specifications, or intended to meet their individual needs.
6. Withdrawal from the contract may occur within:
a) 14 days from the date of delivery of the goods to the Customer,
b) in the case of ordering multiple goods that are delivered separately or in batches – within 14 days from the date of delivery of the last goods or batch of goods.
To meet the above deadlines, it is sufficient to send the declaration of withdrawal before the expiry of this deadline.
7. Return of goods in the event of withdrawal:
a) if the Customer withdraws from the contract under the terms described above, they are obliged to return the goods covered by the contract from which they withdrew,
b) the return should be made immediately, but no later than within 14 days from the date of withdrawal from the contract, in writing to the Seller’s address at Derwi Sp z o. o., ul. Konna 35/11, 80-174 Otomin. to the address agreed individually by phone or email.
c) to meet the return deadline referred to in point b) above, it is sufficient to return the goods before the expiry of the deadline indicated above.
d) The Customer bears the costs directly related to the return of the goods, therefore goods cannot be returned by cash on delivery or any other method that would require the Seller to cover the return costs.
Pursuant to Art. 12, Section 10 of the Consumer Rights Act, we hereby inform you that if the goods, due to their nature, cannot be returned by post, the Customer bears the direct costs of returning the goods, which include, in particular, the cost of securing the goods and the cost of transport specified in the price lists of the entity providing goods transport services (e.g. courier company) chosen by the Customer. We estimate the value of these costs to be equivalent to the market standard costs of services specified in the price lists of entities providing goods transportation services and the costs of materials necessary to secure the returned goods.
8. The customer is responsible for any reduction in the value of the goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

§ 11 Refund of price and shipping costs

1. The Seller will refund the Customer the price paid and shipping costs in the event of:
a) the Consumer or Entrepreneur exercising their privileged right to withdraw from the contract,
b) the Customer’s complaint being accepted,
c) in other cases regulated by law.
2. The refund will be made using the same method of payment as was used, unless the Customer consents to a refund by bank transfer to the bank account provided by the Customer. The Customer will not be responsible for the costs of the refund or shipping costs, with the exception of fees or commissions charged by the bank or financial institution maintaining the Customer’s account.
3. The Seller informs that it will refund the received payments no later than 14 days from the date of receipt of the returned goods or from the date of delivery of proof of their return, whichever comes first.

§ 12 Information on the possibility of out-of-court dispute resolution for customers who are consumers (ADR and ODR)

1. The Seller informs that in the event of a dispute, in particular in the event of a dispute regarding the resolution of a complaint, in addition to the possibility of pursuing rights in court, there is the possibility of using extrajudicial methods of dealing with complaints and asserting rights. Consumers may seek assistance from consumer ombudsmen, non-governmental organizations or other entities.
2. To learn about the rules for access to extrajudicial dispute resolution, you can contact the relevant body or entity authorized to conduct extrajudicial dispute resolution. More information can be found at https://www.uokik.gov.pl/.
3. Information about the ODR platform
The Seller informs that, in accordance with Regulation (EU) No 524/2-13 of the European Parliament and of the Council of 21 May 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (ODR Regulation). Consumers may use out-of-court complaint and redress procedures via the electronic platform available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive website that can be accessed electronically and free of charge in all official languages ​​of the EU institutions, and may be used by Customers who are consumers.  
4. The above information does not imply the Seller’s commitment to submit to dispute resolution using out-of-court dispute resolution methods or the ODR platform.
5. The Seller hereby informs that the ODR platform will cease accepting new complaints as of 20 March 2025, and its operation will cease on 20 July 2025.

§ 13 Choice of law and jurisdiction

Choice of Polish law
1. Using the Online Store and services provided electronically, placing orders through the Store, by telephone, or via email, concluding and implementing sales agreements, including handling complaints and exercising the right to withdraw from the agreement, between the Customer and the Seller are subject to Polish law. This means that Polish law applies to the relationship between the Customer and the Seller, subject to point 2 below.
2. The choice of Polish law does not deprive or limit the rights of Customers who are Consumers or Privileged Entrepreneurs arising from the mandatory provisions of the law of their country of permanent residence.

Choice of Jurisdiction
3. Any disputes arising between the Seller and the Customer who is a Consumer or a Privileged Entrepreneur shall be resolved by the competent courts in accordance with the provisions of applicable law.
4. Any disputes arising between the Seller and the Customer Entrepreneur shall be resolved by the court having jurisdiction over the Seller’s registered office.

§ 14 Personal data

To conclude and perform a contract, it is necessary to provide the Seller with personal data such as name, delivery address, email address, and other data included in the complaint or withdrawal form. Customer data will be used to conclude and perform a sales contract in the Online Store via email or telephone, to process complaints, to exercise the right to withdraw from the contract, as well as to establish, pursue, and defend claims, and to fulfill obligations under the law.

Detailed information regarding the processing of personal data and your rights to personal data is included in the Privacy Policy.
 
§ 15 Final Provisions

1. All provisions of the Terms and Conditions will be interpreted separately and independently of each other. If any provision is deemed invalid, in violation of the law, or unenforceable, the remaining provisions will remain in force to the fullest extent permitted by law.
2. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail, and the remaining provisions shall apply to the fullest extent permitted by law.
3. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, unless, pursuant to the provisions of § 13 or in other cases specified in mandatory provisions, the law of another country shall apply.