Duende Store

Regulations

The conclusion of the agreement between the Consumer and the Seller may take place in two ways.

Before placing an order, the Consumer has the right to negotiate all provisions of the agreement with the Seller, including those changing the provisions of the following regulations. Negotiations should be conducted in writing and sent to the address of the Seller:

DUENDE Anna Paul, Magdalena Kucharska Civil Partnership

ul. Gabriel Narutowicza 62/12

97-300 Piotrków Trybunalski

If the Consumer resigns from the possibility of concluding an agreement through individual negotiations, the following terms and applicable law shall apply.

Terms and conditions

§1. DEFINITIONS

POSTAL ADDRESS

name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and real estate number), postal code and city.

ADDRESS OF RETURNS AND COMPLAINTS OF THE GOODS:

DUENDE s.c.

Ul. Gabriel Narutowicza 62/12

97-300 Piotrków Trybunalski

CONTACT DETAILS :

BOK: e-mail: info@duendestore.com

Returns: zwroty@duendestore.com

Complaints: reklamacje@duendestore.com

DELIVERY

The type of transport service along with the specification of the carrier and the cost are listed in the delivery price list

DELIVERY PRICE LIST

The list of available types of delivery and their costs at https://duendestore.com/en/delivery/

A PROOF OF PURCHASE

This includes an invoice or a receipt or other document issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.

PRODUCT CARD

A single subpage of the store containing information about a single product.

CLIENT

A natural person, legal person or an organizational unit without legal personality but having legal capacity, making a purchase from the Seller directly related to its business or professional activity.

CIVIL CODE

Civil Code Act of April 23, 1964, as amended.

CODE OF GOOD PRACTICE

A set of rules of conduct, and in particular the ethical and professional standards referred to in Art. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

CONSUMER

A natural person making a purchase from the Seller not directly related to its business or professional activity.

SHOPPING CART

A list of products made from the products offered in the store based on the Buyer’s choices.

CONSUMER

Both the consumer and the client.

PLACE OF PUBLICATION

Postal address or collection point indicated by the Consumer in the order.

THE MOMENT OF DELIVERY

The moment when the Consumer or a third party indicated by him for collection takes possession of the item.

PAYMENT

The entity providing online payment services is PayPro S.A

If there is a need to return funds for a transaction made by the Consumer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.

Payment methods available:

Credit cards:

  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro

When paying by card, the order processing time in Poland is up to 3 business days.

CONSUMER LAW

Consumer Rights Act of May 30, 2014.

SUBJECT OF THE AGREEMENT

Agreement Products and Delivery.

THING

A movable item that may be or is the subject of the agreement.

STORE

The website is available at https://duendestore.com/, through which the Buyer can place an order.

SELLER

DUENDE  S.C. 

Gabriela Narutowicza 62/12

97-300 Piotrków Trybunalski

NIP: 7712918991

REGON : 521785880

BANK ACCOUNT::  69 1140 2004 0000 3802 8237 0385

SYSTEM

A team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.

TIME LIMIT FOR COMPLETION

The number of hours or working days on the product card.

ARRANGEMENT

A distance agreement within the meaning of the Consumer Rights Act of May 30, 2014 in the case of Consumers and a sales agreement within the meaning of art. 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.

DEFECT

Both a physical defect and a legal defect.

PHYSICAL DEFECT

Non-compliance of the item sold with the agreement, in particular if the item:

  1. It has no properties that this kind of thing should have due to the purpose specified in the agreement or resulting from circumstances or destination;
  2. Does not have properties that the Seller has provided to the Consumer,
  3. It is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the agreement, and the Seller did not raise any objections to such an intended use;
  4. It was delivered to the Consumer in an incomplete state;
  5. In the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
  6. It does not have the properties provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, unless the Seller knew these assurances or, judging reasonably, could not know or could not have influenced the Consumer’s decision to conclude the agreement, or if their content was corrected prior to the conclusion of the agreement.

LEGAL DEFECT

A situation where the item sold is owned by a third party or is encumbered with the right of a third party, and where the restriction on the use or disposal of the item results from a decision or judgment of a competent authority.

ORDER

Buyer’s declaration of intent made via the store, clearly specifying: the type and quantity of products; type of delivery; payment method; the place of delivery of the item, the Buyer’s data and aiming directly at the conclusion of the agreement between the Buyer and the Seller.

§2. GENERAL CONDITIONS

AGREEMENT is concluded in Polish, in accordance with Polish law and these regulations.

SELLER is obliged and undertakes to provide services and deliver goods free from defects.

The prices provided by the Seller are expressed in Polish currency, euro and British pound sterling and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.

All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.

Confirmation, disclosure, consolidation, securing of all material provisions of the agreement in order to gain access to this information in the future takes the form of:

  • order confirmation by sending to the indicated e-mail address: orders, pro forma invoices, information about the right to withdraw from the agreement, these regulations in pdf version, the model withdrawal form in pdf version, links to download the regulations and the withdrawal template;
  • attached to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the agreement, these regulations, a model withdrawal form.

SELLER provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with resolution horizontal image above 1024 px.

Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to obtain full functionality of the https://duendestore.com store, disable them all.

The BUYER may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account.

The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer can view, correct, update data and delete the account in the store at any time.

The SELLER complies with the code of good practice.

The BUYER is obliged to:

  • not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
  • use the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
  • not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
  • use the store in a way that is not inconvenient for other Buyers and for the Seller,
  • use of any content included in the store only for personal use,
  • use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

§3. CONCLUSION OF THE AGREEMENT AND FULFILLMENT

ORDERS can be placed 24 hours a day.

In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:

  • adding a product to the basket;
  • choosing the type of delivery;
  • choosing the type of payment;
  • choosing the place of handing over the item;
  • placing an order in the store by clicking the “ORDER” button.

The conclusion of the agreement with the consumer takes place at the time of placing the order. The execution of the Consumer’s order payable on delivery takes place immediately, and the order payable by bank transfer or via the electronic payment system after the Consumer’s payment is credited to the Seller’s account, which should take place within 3 days of placing the order.

The conclusion of the agreement with the Consumer takes place upon the acceptance of the order by the Seller. The execution of the Consumer‘s order payable on delivery takes place immediately after the conclusion of the agreement  and the order payable by bank transfer or via the electronic payment system after the conclusion of the agreement  and the Consumer‘s payment is credited to the Seller’s account.

Sending the subject of the agreement takes place within the time limit specified on the product card, and for orders consisting of many products, the longest date specified on the product cards. The time limit begins with the completion of the agreement .

The purchased subject of the agreement is, together with the sales document selected by the Buyer, sent with the type of delivery selected by the Buyer to the place of issue of the item indicated by the Buyer in the order, along with the attached attachments referred to in §2 point 6b.

§4. THE RIGHT TO WITHDRAW FROM THE AGREEMENT

CONSUMER, is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance agreement, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

The deadline to withdraw from a distance agreement is 14 days from the receipt of the shipment by the buyer, and it is enough to send a statement before its expiry to meet the deadline.

The declaration of withdrawal from the agreement may be submitted by the Consumer on the form, the specimen of which is Annex 2 to the Consumer Law, on the form available at: https://duendestore.com/en/returns/

In the event of withdrawal from the agreement, the agreement is considered void.

CONSUMER is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the agreement.

CONSUMER sends back the items that are the subject of the agreement from which he withdrew at his own expense and risk.

CONSUMER is responsible for reducing the value of the item being the subject of the agreement as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.

SELLER shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the agreement submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.

SELLER will refund the payment using the same payment method as used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.

SELLER may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.

CONSUMER, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the agreement, in particular:

  • in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
  • in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;

 §5. WARRANTY

SELLER pursuant to Art. 558§1 of the Civil Code completely excludes liability to Consumers due to physical and legal defects (warranty).

SELLER is liable to the Consumer under the terms of art. 556 of the Civil Code and subsequent ones for defects (warranty).

In the case of an agreement with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the consumer.

CONSUMER, if the item sold has a defect, it may:

  • submit a statement requesting a price reduction;
  • make a declaration of withdrawal from the agreement;

unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a non-defective one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the seller or the seller has not satisfied the obligation to replace the item with a defect-free one or to remove the defect.

CONSUMER may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a defect-free one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the agreement in a manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller, however, when assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.

CONSUMER may not withdraw from the agreement if the defect is irrelevant.

CONSUMER, if the item sold has a defect, it may also:

  • demand that the item be replaced with one that is free from defects;
  • demand that the defect be removed.

SELLER is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.

SELLER may refuse to accept the Consumer’s complaint if the defect is irrelevant or is related to the nature of the material from which the product is made and arises in connection with the use of the goods.

SELLER is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the agreement.

SELLER within fourteen days will respond to:

  • statements about a request for a price reduction;
  • requests to replace the item with one free from defects;
  • defect removal request.

Otherwise, it is considered that he considered the Consumer’s statement or request justified.

§6. PRIVACY POLICY AND SECURITY OF PERSONAL DATA:

The administrator of databases of personal data provided by the Consumers of the store is the Seller.

SELLER undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. By providing his personal data to the Seller when placing the order, the Buyer agrees to their processing by the Seller in order to complete the order. The buyer has the option of viewing, correcting, updating and deleting his personal data at any time.

§7. FINAL PROVISIONS :

Nothing in these regulations is intended to infringe the Buyer’s rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.

Registered Buyers will be notified by email about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the entry into force of the new regulations. The changes will be introduced in order to adapt the regulations to the applicable legal status.

The current version of the regulations is always available to the Buyer in the regulations tab at https://duendestore.com/en/regulations/

During the execution of the order and throughout the entire period of after-sales care, the Buyer shall be bound by the regulations accepted by him when placing the order. Except when the Consumer finds it less favorable than the current one and informs the Seller about the selection of the current one as binding.

In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-trial or out-of-court dispute resolution, e.g. via the EU ODR internet platform at http://ec.europa.eu/consumers/odr/. As a last resort, the matter is settled by a court having local and material jurisdiction.