TERMS AND CONDITIONS OF THE ONLINE STORE
- GENERAL PROVISIONS
- Dragonfly Colors online store, operating at: www.dragonfly-colors.com, is run by Tomasz Sykuter, based at: Flory 9/2, 80-299, Gdańsk, operating under the NIP number: 584-162-99 -40, REGON: 191740177.
- These Online Store Regulations define the rules for making purchases in the Dragonfly Colors online store, in particular the rules and procedure for concluding distance sales contracts via the Store and the procedure for withdrawing from the contract by the Consumer.
- In terms of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
- The Regulations are addressed to all Customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase.
- Each customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.
- Each customer has the opportunity to read the Regulations at any time by clicking on the Store’s website www.dragonfly-colors.com in the hyperlink “Store Regulations”. The regulations can be downloaded and printed at any time.
- All information contained on the website of the Store www.dragonfly-colors.com relating to products (including prices), do not constitute an offer within the meaning of art. 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended). By sending the Order Form, the Customer submits an offer to buy the indicated Service for the price and under the conditions specified in the description.
Regulations – this set of regulations that organize the rules of using the Store’s Services by Customers.
Consumer – a natural person concluding a civil law contract through the Store, not directly related to its business or professional activity.
Customer – a natural person (including a Consumer) who is at least 13 years of age (provided that he has obtained the consent of a legal representative), a legal person and an organizational unit that is not a legal person, whose specific provisions grant legal capacity, which uses the Services provided by the Store .
Order Form – a service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Services to the Cart and defining certain terms of the Sales Agreement, including method of delivery and payment.
Cart – an element of the Store, in which the Services selected by the Customer are visible and in which the Customer has the option of determining and modifying the Order data, including the number of Products purchased.
Store – a website belonging to the Seller, available under the domain: www.dragonfly-colors.com, through which the Customer can purchase Services from the Seller.
Seller – Tomasz Sykutera with its registered office at: Flory 9/2, 80-299, Gdańsk, who, conducting commercial or professional activity, proposes to sell via his website.
Service – business activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (at a distance), through the transmission of data at the Customer’s individual request, sent and received using electronic processing devices, including digital compression, and data storage, which is in all broadcast, received or transmitted via the telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended).
Sales contract – a distance sales contract concluded by the Customer via the Store, usually through the Order Form.
- ACCEPTANCE AND FULFILLMENT OF ORDERS
- The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
- Orders from Customers are accepted via the Order Form sent via the website: www.dragonfly-colors.com or by e-mail to email@example.com, 7 days a week, 24 hours a day.
- Services are ordered as follows:
The customer sends a graphic file with a description to the e-mail address in the form on the website and after paying for the service, he receives the ready graphic file also to the e-mail address.
- After placing the order, the Customer receives an order confirmation to his e-mail address provided in the Order Form.
- After the Customer receives confirmation of the offer acceptance, the process of order fulfillment by the Seller begins, where:
- in the case of placing an order paid on delivery – it starts on the next business day, after its confirmation by the Seller.
- in the case of submission for speaking payable by traditional transfer – begins after the payment for the order is credited to the Store’s bank account.
- Orders placed in the Store are processed during the Store’s working hours (on business days, from Monday to Friday, from 8:00 to 17:00. Orders placed on business days after 17:00, on Saturdays, Sundays, or public holidays, will be processed the next business day.
- The customer will receive a message that the order has been accepted for execution, which is understood as the Seller’s declaration of acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.
- A VAT receipt is issued for each order. At the customer’s request, a VAT invoice will also be sent.
- The available means of communication between the Customer and the Store are:
- E-mail – firstname.lastname@example.org
- Telephone – +48 501 13 66 74
- Correspondence address – Flory 9/2 80-299 Gdańsk
- The price given in the order does not constitute the total value that the customer is obliged to pay (net price). It does not include the tax due.
- The Seller reserves the right to change the prices in the Store, introduce new Services for sale, carry out and cancel promotional campaigns, or introduce changes to them, in accordance with applicable law.
- If the Consumer is obliged to pay in excess of the agreed price, described in the previous paragraph, the Store will immediately inform the Customer about this fact, explaining the reason for the price difference. The customer will be charged with additional costs only after obtaining the express consent of the customer.
- COMPLETION OF PAYMENT
- As part of the functioning of the Store, the following payment methods are possible:
- 1.by bank transfer after the service is provided
- online transfer via the Stripe platform
- The customer who has chosen the option of payment by bank transfer, is obliged to pay the fee for the order within 5 working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system. In the payment title, it is enough to enter only the number of the order being placed. It is possible to extend the payment deadline, provided that the Store staff is informed in advance.
- RIGHT OF WITHDRAWAL
- In accordance with the Consumer Rights Act of May 30, 2014 (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract for the sale of Services purchased in the Store, without giving any reason, by submitting a relevant statement in writing, within 14 days from the date of receipt of the Service. For the Consumer to meet this deadline, it is enough to send a statement before its expiry.
- The consumer may withdraw from the contract by submitting to the Seller a declaration of withdrawal from the contract. The template of the declaration is attached as Appendix 1 to these Regulations.
- The declaration of withdrawal from the contract should be sent to the following address: Flory 9/2 80-299 Gdańsk.
- The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him
- The Seller will refund the payment using the same method of payment as used by the Consumer.
- The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:
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;
in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
- The right to withdraw from a distance contract is not available to an entity other than the Consumer.
- OUT-OF-COURT DISPUTE RESOLUTION
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
Assistance of the competent field of permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Free assistance of the municipal or poviat consumer ombudsman.
ODR internet platform available at: http://ec.europa.eu/consumers/odr/.
- FINAL PROVISIONS
- The Regulations define the rules for the conclusion and performance of the Service Sale Agreement on the Store’s website.
- The sales contract is concluded between the Customer and the Seller.
- The Regulations are available to all Customers in an electronic version on the Store’s website www.dragonfly-colors.com.
- In order to be able to use the Store’s Services, it is necessary to have devices that allow access to the Internet and a web browser that allows you to display websites, as well as provide an e-mail address that allows you to send information regarding the implementation of the order.
- It is forbidden for all persons, including customers, to post illegal content on the Store’s website.
- In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
- The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law that grant consumers rights, these provisions shall prevail.
- Should any of the provisions of these Regulations be or should become invalid or ineffective, the validity of the remainder of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with others which as faithfully reflect the intended economic purpose. This also applies accordingly to any gaps in the Regulations.
Annex 1: Form of withdrawal by the consumer from the concluded contract
City: ___________, on: __________
First name and last name: ________________
Name: Dragonfly Colors
Address: Flory 9/2 80-299 Gdańsk
CONSUMER WITHDRAWAL FORM
FROM A CONTRACT FOR THE PROVISION OF SERVICES
Hereby, acting pursuant to Art. 27 of the Consumer Rights Act of 30 May 2014 (i.e. Journal of Laws of 2020, item 287, as amended), reading as follows:
Art. 27 of the Act on consumer rights
A consumer who has concluded a distance or off-premises contract may, within 14 days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 sec. 2 and art. 35.
I would like to inform you about the withdrawal from the contract concluded on _______________, consisting in:
In connection with the above, I kindly ask you to return the following amount of money resulting from the withdrawal from the contract: PLN ______ (say: _________________________________), which should be transferred to the following bank account number: _________________________.
(handwritten signature of the Consumer)