Terms and conditions


§ 1
Preliminary provisions
1. The online poopil.com store, available at the internet address www.poopil.com, is run by Miłosz Wójcik who is an owner of enterprise called Wojcik Enterprises. The enterprise is registered in the Central Register and Information on Economic Activity (CEIDG) in Poland, kept by the minister competent for economy- NIP 5130189139, REGON 369565087
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store and the rules and procedures for concluding Sales Agreements with the Customer through a distance via the Store.
§ 2
Definitions
  1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
  2. Seller – a natural person running a business under the name DAMAR, entered into the Central Register and Information on Economic Activity.
  3. Client – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.
  5. Shop – an online store run by the Seller at the web address damarfurniture.co.uk
  6. Contract concluded at a distance – an agreement concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.
  7. Regulations – those terms and conditions of the store.
  8. Order – Customer’s declaration of intent submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
  9. Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store
  10. Registration form – a form available in the Store, enabling the creation of an Account
  11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Shopping Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the Product features – a contract for the provision of services and a contract for specific work.
§ 3
Preliminary provisions
1. Seller’s address: Kraków, ul. Grodzka 42/1, 31-044 Kraków, Poland
2. Seller’s e-mail address: contact@poopil.com.
3. Seller’s bank account number PL95 1950 0001 2006 0055 5572 0001.
4. The Customer may contact Seller using the addresses contained in this paragraph.
§ 4
Technical requirements:
To use the Store, including viewing the Store’s assortment and placing orders for Products the following are needed:

a. device with access to the Internet and a browser such as Google Chrome, Mozilla Firefox, Opera, Internet Explorer, Edge, Safari.

b. an active e-mail account (e-mail),

c. enabled cookies,

d. FlashPlayer installed.
§ 5
General Information
  1. Seller in the widest extent permitted by law is not responsible for disruptions, including interruption in the functioning of the Store caused by: force majeure, unlawful activities of third parties or Online Store’s incompatibility with the technical infrastructure of the Customer
  2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
  3. The prices in the store are given in Polish zlotys, Euro, U.S. dollars and British pounds and all of them are gross prices (including tax).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing orders, including at the time of expressing he/she prefers to be bound by the Sales Agreement.
  5. In the case of an Agreement including subscription or provision of services for an indefinite period, the final price is the total price including all payments for the settlement period.
  6. When the nature of the subject matter of the Contract does not allow, judiciously judging, for the advance calculation of the final price, information on how the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the description of the Product.
§ 6
Creating an account in the Store
1. To create an Account in the Store, the Registration Form must be completed. It is necessary to provide the following data – login, e-mail address and password.
2. Creating the account in the Store is free.
3. Logging in to the Account is provided by entering the login and password set in the Registration Form.
4. The Customer may remove the Account at any time, without giving any reason and without incurring any fees by sending a relevant request to the Seller- in particular via e-mail or in writing to the addresses provided in § 3.
§ 7
Rules of placing orders
To place an order the Customer needs to:
1. Log in to the Store (optional);
2. choose the Product that is the subject of the Order and then click “Add to basket” (or equivalent)
3. log in or use the option of placing an Order without registration
4. If the case of choosing option to place an Order without registration: fill out the Order Form by entering the details of the order recipient and the address to which the Product delivery is to be made, choose the country of delivery, enter the invoice data (if it is different from the recipient’s details it must be described in the field ‘Notes to order’ with provided invoice details)
5. choose one of the available payment methods and pay for the order within a specified period depended on the chosen payment method.
6. Click the “Order and Pay” button/ click the button “Continue with PayPal”
§ 8
Offered methods of delivery and payments
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier shipment
2. The customer can use the following payment methods:
a. Payment by transfer to the Seller’s account
b. Electronic payments
c. Payment by credit card
§ 9
Procedure of Sales Contract
  1. Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. 2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller the e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. If the Customer selects following methods: bank transfer, electronic payments or credit card payments, the Customer is obliged to make the payment within 1 calendar day from the date of the Sale Agreement – otherwise the order will be canceled.
  4. The product will be sent by the Seller within the time specified in the description (subject to paragraph 5 of this paragraph) with the method chosen by the Customer when placing the Order.
  5. In case of ordering Products with different delivery times, the delivery date is the longest given date.
  6. The beginning of the delivery of the Product to the Customer is counted if the Customer selects the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
  7. If ordering Products with different delivery times, the delivery date is the longest given date.
  8. Product delivery takes place in the European Union, Europe, Asia, Australia, Africa, South America, North America. If there was no option to select the target country in the order form, please contact us regarding adding it. We carry out shipments all over the world.
  9. The delivery of the Product to the Customer is payable (except for Poland), unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the “Delivery costs” tab and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.
§ 10
The right to withdraw from a contract
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2. Time’s Period specified in paragraph 1 begins with delivery of the Product to the Consumer or a person other than the carrier designated by him.

3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.

4. In the case of the Agreement, which consists in regular delivery of Products for a specified Time’s Period (subscription), the date specified in paragraph 1 runs from taking possession of the first item

5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement on withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send a statement before the expiry of that period.

6. The statement may be sent via e-mail by e-mail by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the model of which is attached No. 1 to these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, however it is not mandatory.

7. In the case of sending a statement by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receipt of the statement on withdrawal from the Agreement provided by the Consumer.

8. Effects of withdrawal from the Agreement:

a. In the event of withdrawal from the Contract concluded remotely, the Agreement shall be considered void.

b. In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller.

c. The reimbursement shall be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution that will not entail any costs for him.

d. The Seller may withhold the reimbursement of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which situation occurs first.

e. The Consumer should return the Product to the address of the Seller specified in these Regulations immediately, not later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be respected if the Consumer sends the Product back within 14 days.

f. The Consumer bears direct costs of returning the Product, including the cost of returning the Product (if due to its nature) the Product could not be sent back by regular mail.

g. The consumer is only liable for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product

9. If Product (due to its nature) can’t be sent in regular mode by post, information about this (as well as the cost of returning the Product) will be included in the description of the Product in the Store.

10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:

a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,

b. for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Agreement

c. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement.
§ 11
Complaint and warranty
1. New Products are covered by the Sale Agreement.

2. In the case of a defect with the good which was purchased from the Seller, the Customer has the right to make a complaint based on the provisions concerning the warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.

3. Complaints should be reported in writing or by e-mail to the addresses of the Seller provided in these Regulations.

4. It is recommended the complaint should include i. a. concise description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the good.

5. The Seller will respond to the claim immediately, and if the Customer is a Consumer – no later than within 14 days. If Customer is a Consumer and Seller does not respond within 14 days, it is considered that the client’s request was considered justified.

6. Goods returned as part of the complaint procedure should be sent to the address provided in § 3 of these Regulations.

7. If a guarantee has been granted for the Product, information about it as well as its content will be included in the description of the Product in the Store.
§ 12
Out-of-court ways to handle complaints and redress
1. Detailed information on the Consumer’s possibilities of using the extrajudicial ways of dealing with complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of counties (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php and

http://www.uokik.gov.pl/wazne_adresy.php.
  1. The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
    1. The consumer is entitled to apply to a permanent amicable consumer court, referred to art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle a dispute arising from the Contract concluded with the Seller.
    2. The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
    3. c. The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the counties (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers) .
§ 13
Personal details in the internet Store
1. The administrator of personal data of Customers collected via the Online Store is the Seller

2. Customer’s personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.

3. The recipients of personal data of the Online Store customers may be:

a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.

b. In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.

4. The customer has the right to access their data and correct them.

5. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 14
Final conclusion
1. Contracts concluded through the Online Store are concluded in Polish.

2. Seller reserves the right to make changes to the Regulations for important reasons, it is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.

3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.

4. The customer has the right to use extrajudicial means of dealing with complaints and claims. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.

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