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Terms and Conditions

TERMS AND CONDITIONS OF THE WEBSITE AND ONLINE SHOP

Dear Customer!
We are delighted that you have decided to shop at our Store.
Please read the following Terms and Conditions and rules of sale, which apply to you when shopping with us.
Please also remember that if you have any questions or concerns, you can contact us using the details provided in the Terms and Conditions.

TABLE OF CONTENTS

§1 GENERAL PROVISIONS AND CONTACT DETAILS
§2 DEFINITIONS
§3 TERMS OF USE
§4 TECHNICAL REQUIREMENTS
§5 PRODUCTS AVAILABLE IN THE SHOP
§6 PLACING AND PROCESSING ORDERS
§7 PRODUCT PRICES AND PAYMENT METHODS
§8 PRODUCT DELIVERIES – COSTS, METHODS AND TERMS
§9 COMPLAINTS
§10 WARRANTY AND SERVICE
§11 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
§12 PROVISIONS CONCERNING ENTREPRENEURS
§13 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
§14 PERSONAL DATA AND COOKIES
§15 OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS BY CONSUMERS
§16 FINAL PROVISIONS
APPENDIX No. 1 – SAMPLE COMPLAINT FORM FOR CONSUMERS
APPENDIX No. 2 – COMPLAINT FORM TEMPLATE FOR ENTREPRENEURS WITH CONSUMER RIGHTS
APPENDIX No. 3 – SAMPLE CONTRACT WITHDRAWAL FORM FOR CONSUMERS
APPENDIX No. 4 – MODEL FORM FOR WITHDRAWAL FROM THE CONTRACT IN THE CASE OF AN ENTREPRENEUR WITH CONSUMER RIGHTS

§1 GENERAL PROVISIONS AND CONTACT DETAILS

1. The online shop is available at https://www.darnok.com.pl/ and on the relevant subpages after registration, and is operated by the Seller.
2. In the event of a complaint regarding an Order, please contact the Seller using the following contact details:
• telephone number: 575 648 396
• e-mail address: biuro@darnok.com.pl
• contact form available in the Shop.
1. The Customer may communicate with the Seller via e-mail and the contact form available in the Store (if any).
2. The rules for using and placing Orders, concluding Product Sales Agreements and making complaints within the Store are set out in these Terms and Conditions.
3. The Seller shall make the Terms and Conditions available to the Customer or User free of charge before they start using the Online Shop. The Customer may record the content of the Terms and Conditions in a manner convenient for them, e.g. by saving it on a durable medium or printing it out.
4. Acceptance of the provisions of these Terms and Conditions is a condition for using the Shop and concluding a Sales Agreement. By accepting them, the Customer agrees to all provisions and undertakes to comply with them.
5. The prices of Products listed in the Shop are given in Polish zlotys and are gross prices (including VAT).
6. Orders can be placed after registering in the Shop.
7. Information about Products provided on the Shop’s website, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
8. When using the Shop, it is prohibited to provide information of an unlawful nature and, in particular, it is prohibited to:
1. send and post spam within the Shop
2. provide and transmit content prohibited by law, in particular within the forms available in the Shop;
3. It is mandatory to:
1. Use the Store in a manner consistent with the Terms and Conditions and the law;
2. Use the Store in a manner that does not interfere with its functioning;
3. Use any content posted on the Store’s subpages solely for personal use, in accordance with the licence granted (if any).
1. The Customer may not make a purchase anonymously or under a pseudonym or using incorrect personal data.
2. In order to delete the Customer’s account via e-mail (biuro@darnok.com.pl), the Customer should inform the Shop of their intention to delete it.

§2 DEFINITIONS

The terms used in the Terms and Conditions shall have the following meanings:
1. Seller,
DARNOK Industry Sp. z o.o.
Nowa Wieś Kwidzyńska 3,
82-500 Kwidzyn
NIP: PL5811973621
KRS: 0000913253
REGON: 389530653
1. Customer or User – a natural person, legal person or organisational unit that is not a legal person, to which specific provisions grant legal capacity, placing an Order within the Store and making purchases through the Store.
2. Consumer – a natural person who concludes a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
3. Entrepreneur with consumer rights – an Entrepreneur placing an order for Products related to their business activity, but not of a professional nature for the entrepreneur, in accordance with Article 38a of the Consumer Rights Act and Articles 385/5, Article 556/4, Article 556/5 and Article 576/5 of the Civil Code.
4. Account – a Customer or User account created on the Store’s online platform, enabling access to purchased training courses and products.
5. Entrepreneur – a natural person, legal person or organisational unit that is not a legal person, to which a separate act grants legal capacity, conducting
business activity on its own behalf, which uses the Shop.
6. Terms and Conditions – these Terms and Conditions of sale in the Shop.
7. Online Shop or Shop – an online shop available at https://www.darnok.com.pl/ and on its relevant subpages, through which the Customer can place Orders and purchase specific Products.
8. Website – the website https://www.darnok.com.pl/i and all its subpages, including the Shop.
9. Product – a physical product purchased or available in the Shop. Products are sold for a fee, unless expressly stated otherwise.
10. Physical Product – a product purchased in the Shop, available only in physical form.
11. Agreement, Sales Agreement – an agreement for the sale of a Product concluded between the Seller and the Customer via the Shop.
12. Order – an action, a declaration of will by the Customer aimed directly at concluding a Product Sales Agreement with the Seller and performing a service for the Customer, under the terms and conditions set out in these Terms and Conditions.
13. Order Form – a form of the Shop, through which the Customer may place an Order and perform the Sales Agreement.
14. Distance contract – a contract concluded with the Customer within the Store, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
15. Payment operator – the Przelewy24 platform operated by PayPro Spółka Akcyjna with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, VIII Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, and PayU Spółka Akcyjna with its registered office in Poznań at ul. Grunwaldzka 182, 60-166 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000274399, NIP number 7792308495.
16. Proof of payment – an invoice or receipt issued in accordance with the Act on Tax
on Goods and Services of 11 March 2004 and other relevant provisions of law.
17. Payment – payment to the Seller’s account via the online payment methods available in the Shop or payment on delivery of the Product, depending on the selected payment method and the Product ordered.
18. System – a set of cooperating IT devices
and software, ensuring the processing and storage, as well as sending
and receiving data via telecommunications networks using an appropriate
terminal device for a given type of network (Internet).
19. Working days – days of the week from Monday to Friday, excluding public holidays.
20. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
21. Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.

22. GDPR – means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
23. Personal Data Protection Act – Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).

§3 RULES FOR USING THE WEBSITE

1. Users are obliged to use the Website solely for their own purposes.
2. It is prohibited to:
1. use the Website solely for promotional and advertising purposes by Users;
2. using the Website for the benefit of third parties;
3. disseminating information obtained from the Website;
4. using the Website in a manner inconsistent with the law, good manners and the principles of social coexistence;
5. introducing content that threatens the integrity of IT systems or the stability of the Website.
1. The Seller has the right to permanently or temporarily block a User or User Account that violates the provisions of these Terms and Conditions or the law.
2. The Seller informs that the use of services provided electronically may involve the risk of infecting the IT system with unwanted software. In order to avoid risks, the Seller recommends:
1. installing antivirus software and updating it on the device used by the User;
2. activating a system firewall on the User’s device used to access the Website.
1. The Seller informs that the use of services provided electronically may involve a risk of hacker attacks.
2. The Seller informs that it uses security measures and applies personal data processing security rules aimed at minimising the risk of personal data breaches and unwanted attacks on the devices of Users using the Website.

§4 TECHNICAL REQUIREMENTS

1. The Customer may use the functions of the Online Shop in a manner consistent with the Terms and Conditions and applicable regulations, and in a manner that does not interfere with the functioning of the Online Shop and other Customers.
2. In order to use the Shop, including browsing the Shop’s assortment and placing orders for Products, the following are required:
1. Internet access from a device that enables this;
2. a properly configured, up-to-date version of a web browser that supports cookies, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
3. an active and properly configured e-mail account.
1. The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by Customers and unauthorised third parties.
2. The Seller takes appropriate measures to ensure the proper functioning of the Shop.
3. The Store User’s password is encrypted using a method that prevents it from being read by the Seller.


§5 PRODUCTS AVAILABLE IN THE SHOP

1. In the online shop operated by DARNOK Industry Sp. z o.o.
Nowa Wieś Kwidzyńska 3,
82-500 Kwidzyn
NIP: PL5811973621
KRS: 0000913253
REGON: 389530653
2. Physical Products are available, which are presented each time in the assortment on the Shop’s website.
3. The specifics of each Product, its composition and characteristics can be found in the Product descriptions in the Shop.

§6 PLACING AND PROCESSING ORDERS

1. The Customer may purchase a Product by selecting it from the relevant subpage of the Shop. The Customer may choose from different variants of the Product at different prices (if this option is clearly indicated in the Product description).
2. After selecting a Product, in order to make a purchase, the Customer should follow the steps indicated in the messages displayed on the Store’s pages. The Customer should first click on the “Add
to basket” button shown together with the price and description of the Product, as a result of which the selected Product will be added to the shopping basket. Next, the Customer may continue shopping, click on the ‘View basket’ button to check which Products are in the basket, and then click on the ‘Proceed to checkout’ button to finalise the Order.
3. The Customer has the option to enter a discount code, if they have one, by entering it in the ‘Coupon code’ field. Then, after entering the discount code and clicking on the ‘Apply Coupon’ button, the price will be modified accordingly.
4. The customer can then calculate the cost of the basket and proceed to payment by clicking on the ‘Proceed to checkout’ button.
5. In order to place an order, the customer must provide the following information in the forms:
1. first and last name and, optionally, company name,
2. address (country, street, building number, flat number, postcode, city),
3. telephone number,
4. e-mail address,
5. acceptance of the Terms and Conditions and Privacy Policy by ticking the box. Acceptance is necessary to place and finalise the Order,
6. consent to the execution of the Order by the Shop by clicking the ‘Buy and pay’ button, which indicates the need to pay for the Order.
1. The Customer may also indicate a different shipping address by ticking the ‘Send to a different address?’ checkbox and providing the relevant details after being redirected
to the appropriate subpage.
2. When placing an Order, the Customer is also required to select a payment method for the ordered Products from those currently available in the Shop.
3. When placing an Order – until clicking on the ‘Buy and pay’ button – the Customer has the option to modify the personal data provided and the data regarding the selected Products, as well as the form of payment.
4. By clicking on the ‘Buy and pay’ button, the Customer is aware that the conclusion of the contract is associated with the obligation to pay the Seller the amount due.
5. The sending of an Order by the Customer constitutes a declaration of the Customer’s will to conclude
a Sales Contract with the Seller, in accordance with the content of these Terms and Conditions.
6. The Customer makes the payment by selecting one of the payment methods available
in the Shop and then makes the payment.
7. The fact of making a purchase is confirmed by an e-mail sent to the e-mail address provided by the Customer in the Order form.
8. The Sales Agreement shall be deemed concluded upon receipt by the Customer of the e-mail referred to in section 12 of this paragraph. The Sales Agreement shall be concluded in Polish in accordance with the Terms and Conditions.
9. The Seller reserves the right not to fulfil the Order in the event of:
1. incorrect/incomplete completion of the Order form (lack of all data necessary to complete the Order),
2. failure to receive payment within 7 days of placing the Order (if the traditional bank transfer payment option is selected).



§7 PRODUCT PRICES AND PAYMENT METHODS

1. Product prices listed in the Shop are given in Polish zlotys and are gross prices (including VAT).
2. The Seller reserves the right to change the prices of Products presented in the Shop, introduce new Products, withdraw Products, conduct promotions and offer discounts, as well as temporarily offer Products free of charge. The above right does not affect Orders that were placed before the date of entry into force of any of the changes. Details and duration are always included in the description of the Product.
3. The duration of each promotion is limited. Discounts and promotions cannot be combined.
4. The Customer may choose the following payment methods for the ordered Products:
1. Traditional bank transfer – direct payment to the Seller’s account; the transfer details are displayed when placing the Order, after confirming the payment in the form of a bank transfer directly to the Seller’s account.
2. Electronic transfer – payable directly to the Seller’s account.
via the Przelewy24 system – please provide at least the Order number in the ‘Title’ field on the transfer;
3. Electronic transfer via the PayU system – payable directly to the Seller’s account via the PayU system.
1. In the case of electronic payments, the product will be shipped after the transfer has been received and credited to the Seller’s bank account.
2. An invoice (personal or company, if company details have been provided) is issued for each Order in electronic form, which is sent to the Customer automatically, to which the Customer hereby agrees.
3. If the Customer needs an EU VAT invoice to be issued, they should contact the Seller, providing their Order number and invoice details.


§8 PRODUCT DELIVERY – COSTS, METHODS AND TERMS

1. Physical Products will be shipped within 60 working days from the moment the Order is accepted for processing. The average delivery time for a Product purchased in the Store is 7 working days.
2. The costs of Product delivery are indicated to the Customer each time when placing an Order and depend on the form of delivery and the operator selected by the Customer.
3. Deliveries are made throughout Poland, and the Customer can choose from the following delivery methods:
1. Courier delivery;
2. Poczta Polska (Polish Post);
3. Paczka wRuchu (Parcel in Motion);
4. InPost parcel lockers;
5. Personal collection.
1. Deliveries are made within Poland.
2. The order will be delivered to the shipping address indicated in the Order Form.
3. Deliveries of physical Products are made on working days, from Monday to Friday.
4. The costs of delivery of physical Products are specified at the time of placing the Order and calculating the shopping basket. The Customer can review them before placing the Order. The prices of physical Products do not include delivery costs, which are added in accordance with the current price list of the Shop.
5. If the Customer chooses to pay by traditional bank transfer, the delivery time of the Product is counted from the date on which the payment is credited to the Seller’s bank account.
6. If, when making a purchase, the Customer chooses to pay by traditional bank transfer, they undertake to immediately transfer the funds to the Seller’s bank account. If the payment is not credited to the Seller’s bank account within 7 working days from the date of placing the Order in the Shop (excluding Saturdays, Sundays and other public holidays), the Order shall be cancelled.
7. The date of payment shall be deemed to be the date on which the Seller’s bank account is credited.
8. If the parcel containing the Product is found to be damaged, the Customer should note this on the delivery note before accepting the parcel, refuse to accept it and draw up a report in the presence of the delivery person.
9. In exceptional circumstances beyond the Seller’s control (e.g. adverse weather conditions, lack of goods), the fulfilment of the Order may be delayed. If the order is not fulfilled within 14 days of the date of conclusion of the contract (posting of the payment to the Seller’s account), the Customer has the right to withdraw from the Agreement. In such a situation, the Seller shall refund the Customer’s money to the bank account indicated by the Customer within 3 working days from the date of receipt of the statement referred to in the previous sentence.
10. Products are packed using cardboard boxes, protective films and other materials adapted to the characteristics of the Product.

§9 COMPLAINTS

1. The Seller shall be liable to the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, for non-compliance with the Sales Agreement for Products purchased by the Customer (warranty), as well as in accordance with the provisions of the Consumer Rights Act and Article 556 et seq. of the Civil Code.
2. The Seller is obliged to deliver a Product free from defects.
3. The Seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code if the Product has a physical or legal defect.
4. The complaint should contain data enabling the identification of the Customer (name
and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type
and date of occurrence of the defect) and requests related to the complaint. If an incomplete complaint is received, the Seller shall request the Customer to complete it.
5. The complaint should be sent to the Seller’s e-mail address provided
in these Terms and Conditions or reported by telephone by calling the Customer Service Office: +48 793 301 925, open Monday to Friday from 7:00 a.m. to 3:00 p.m. (charged as a normal phone call, according to the tariff package of the service provider used by the Customer). The report should include a description of the problem and other information allowing the problem to be identified (e.g. photos). The form attached to these Terms and Conditions may be used for this purpose.
6. The Seller shall respond to a complete complaint within 14 days
of receiving the complaint and shall inform the Customer about further proceedings at the e-mail address of the person submitting the complaint.
7. The Seller shall process the Customer’s personal data for the purpose of considering the complaint.
8. The Customer may use the complaint form attached to these Terms and Conditions, or may contact the Seller by telephone to submit a complaint and obtain information about the complaint handling process.
9. In the case of a Customer who is a Consumer, the costs of the complaint shall be borne by the Seller, in particular the costs of delivering the Product to the Seller and returning it to the Customer by the Seller. If the delivery of the Product would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where it is located.
10. The right to warranty and the Seller’s liability under the warranty are excluded in relation to Customers making purchases as Entrepreneurs.

§10 WARRANTY AND SERVICE

1. If a defect is found in the Product, please contact the nearest service centre indicated in the warranty card or on the Seller’s website.
2. The Seller provides a 1-year warranty for other Products available in the Shop.
3. The warranty period begins from the moment the Product is delivered to the Customer.
4. The warranty covers: a refund of the price paid, replacement of the Product with a new one or its repair.
5. The Seller shall respond to a complete warranty claim within 14 days of its receipt and shall inform the Customer about further proceedings by email.
6. If a warranty claim is accepted, resulting in the replacement of the defective Product with a new one or significant repairs, the warranty period shall recommence from the date of delivery of the replaced or repaired Product.
7. In the event of replacement of a single part that is an element of the Product, the warranty period shall start anew for that part.

§11 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

1. The consumer has the right to withdraw from the contract within 14 days without giving any reason, subject to the provisions set out in this paragraph.
2. The period for withdrawal from the contract for physical products begins:
a) from the moment the product is taken into possession by the Consumer or a person designated by them, other than the carrier,
b) when the Consumer takes possession of the last product/batch/part – in the case of delivery of multiple items, delivered separately, divided into batches or parts,
c) when the Consumer takes possession of the first of the products – in the case of regular delivery for a specified period.
1. In order to exercise the right to withdraw from the contract, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available on the Website). In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of their right to withdraw from the Contract before the deadline for withdrawal from the contract.
2. An example of the content of the statement (form) of withdrawal from the contract is included in the appendix to these Terms and Conditions.
3. The Seller is obliged to immediately, no later than within 14 days
of receiving the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by them, including the cost of delivery of the Product, subject to the provisions of this paragraph.
4. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund which does not involve any costs for them.
5. The Consumer shall not have the right to withdraw from a distance contract in the following cases:
1. for the provision of services, if the trader has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that they would lose their right to withdraw from the contract once the trader had performed the service;
2. for the provision of a service where the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiry of the withdrawal period;
3. for the provision of a service where the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy their individual needs;
4. for the provision of a service where the subject of the service is an item that deteriorates quickly or has a short shelf life;
5. for the provision of a service where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
6. for the provision of a service where the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
7. for the provision of a service where the subject of the service is alcoholic beverages, the price of which was agreed upon at the time of conclusion of the sales contract, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the trader has no control;
8. for the provision of a service where the consumer has expressly requested that the trader come to them to carry out urgent repairs or maintenance; if the trader provides additional services other than those requested by the consumer or supplies items other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or items;
9. for the provision of a service where the subject of the service is audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
10. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
1. The Seller may withhold the refund until the physical Product is received or until proof of its return is provided, whichever occurs first.
2. If the Consumer has chosen a method of delivery of the physical Product other than the cheapest possible method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by him.

3. The Consumer is obliged to return the Physical Products to the Seller immediately, but no later than within 14 days from the date on which they withdrew from the Sales Agreement. The deadline is met if the Consumer sends the returned Physical Product to the Seller’s address before the expiry of the 14-day period.
4. The Consumer is obliged to cover the direct costs of returning the physical Product due to withdrawal from the contract (the costs of returning the Product to the Seller).
5. The Consumer is liable for any reduction in the value of the physical Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics and functionality of the Product.
6. In the event of a corrective invoice being issued, the invoice will be issued by the Shop at the time of refunding the money to the Customer’s account. The invoice will be sent
to the Customer by e-mail to the e-mail address provided when placing the Order, to which the Customer agrees.

 

§12 PROVISIONS CONCERNING ENTREPRENEURS

1. The provisions of this paragraph apply to Customers of the Shop who are Entrepreneurs.
2. In the case of the sale of a Product in trade between entrepreneurs pursuant to Article 558 § 1 of the Civil Code, the parties exclude the Shop’s liability under the warranty for physical and legal defects of the item.
3. In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of electronic services consisting in maintaining the Customer’s account with immediate effect and without giving reasons by sending the Customer an appropriate statement, also by electronic means, to the e-mail address provided by the Customer for the registration of the Account. This shall not give rise to any claims against the Seller.
4. The Seller has the right to withdraw from the contract concluded with a Customer who is not a Consumer without giving any reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also by electronic means, to the e-mail address provided by the Customer for the registration of the Account. This does not give rise to any claims against the Seller.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment in a timely manner and in a manner accepted for the type of shipment. They should immediately take steps to determine the carrier’s liability. In such a case, the Seller shall not be liable for any loss, shortage or damage to the Product arising from the moment of its acceptance for transport until its delivery to the Entrepreneur, nor for any delay in the transport of the shipment.
6. In relation to Customers who are Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require full or partial prepayment, regardless of the payment method chosen by the Entrepreneur or the conclusion of the sales contract.
7. The Seller’s total liability to the Business Customer (Customer) for non-performance or improper performance of the sales contract is limited to the amount of the price paid for the Product and the delivery costs under the sales contract and the Order placed, in the event of intentional damage. The Seller shall not be liable for lost profits in relation to the Entrepreneur.
8. Any disputes between the Seller and the Customer who is not a consumer within the meaning of Article 221 of the Civil Code shall be settled by the court having jurisdiction over the Seller’s registered office.

§13 PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Store that are related to their business activity, but are not of a professional nature, resulting in particular from the subject of his business activity on the basis of the provisions on the Central Register and Information on Economic Activity, in accordance with Article 38a of the Consumer Rights Act.
2. The entrepreneur referred to in the first paragraph of this section shall be subject to the provisions of these Terms and Conditions which apply to Consumers, i.e. including:

    1. Services provided electronically,
    2. Withdrawal from the contract by the Consumer,
    3. Complaints and warranty,

to the extent limited by Article 38a of the Consumer Rights Act and Articles 3855, 5564, 5565 and 5765 of the Civil Code. In all other respects, the provisions of the Terms and Conditions concerning Entrepreneurs shall apply.
1. An entrepreneur with consumer rights, by accepting these Terms and Conditions during the purchase process, and then exercising their rights listed in this paragraph, should complete the appropriate complaint or withdrawal form, in particular providing data confirming the circumstances confirming their status in accordance with Article 38a of the Consumer Rights Act, or provide this information in another way.
2. The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another manner that the purchased Product(s) and, consequently, the concluded sales contract are directly related to their business activity, but are not of a professional nature, resulting in particular from the subject of his business activity on the basis of the provisions on the Central Register and Information on Economic Activity, which proves that he meets the conditions to be considered such an entrepreneur. The forms are attached to these Terms and Conditions.

§14 PERSONAL DATA AND COOKIES

Pursuant to Article 13(1) and (2) of the GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of 10 May 2018 on the protection of personal data, I hereby inform you that:
1. The controller of the Customer’s personal data is DARNOK Industry Sp. z o.o.
Nowa Wieś Kwidzyńska 3,
82-500 Kwidzyn
NIP: PL5811973621
KRS: 0000913253
REGON: 389530653
The Controller can be contacted by e-mail at: biuro@darnok.com.pl or in writing at the Controller’s address.
2. The Customer’s personal data provided in the forms available in the Store will be processed on the basis of the agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Terms and Conditions, pursuant to Article 6(1)(b) of the GDPR (necessity for the conclusion and/or performance of the agreement). This is necessary for the performance of this agreement (fulfilment of the Product order and creation of an Account) and then for maintaining the Customer’s Account and providing customer service related to the concluded agreement.
3. The Customer’s personal data may also be processed for the following purposes and on the following legal bases:
1. issuing invoices and fulfilling other obligations under tax law — pursuant to Article 6(1)(c) of the GDPR (obligation under law);
2. execution of payment transactions via an electronic payment operator — pursuant to Article 6(1)(b) of the GDPR (necessary for the conclusion and/or performance of a contract);
3. granting discounts, informing about promotions and interesting offers of the Administrator or entities recommended by him — pursuant to Article 6(1)(a) of the GDPR (consent) and pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the administrator);
4. considering complaints or claims — pursuant to Article 6(1)(b) of the GDPR (necessary for the conclusion and/or performance of a contract);
5. establishing, pursuing or defending against claims — pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
6. telephone contact in matters related to the performance of the contract — pursuant to Article 6(1)(b) of the GDPR (necessary for the conclusion and/or performance of a contract);
7. storage of unpaid orders — pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
8. creation of registers and records related to the GDPR — pursuant to Article 6(1)(c) of the GDPR (obligation under the law) and Article 6(1)(f) of the GDPR (legitimate interest of the controller);
9. archiving and evidence for the purposes of securing information that may be used to prove facts — pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller);
10. use of cookies on the website and subpages of the Store — pursuant to Article 6(1)(a) of the GDPR (consent);
11. for the purpose of direct marketing directed at the Customer — pursuant to Article 6(1)(f) of the GDPR (legitimate interest of the controller).
1. Providing personal data is voluntary, but necessary for purposes related to the performance of the contract and the pursuit of the Controller’s legitimate interests. Failure to provide such data will make it impossible to conclude and perform the Contract.
2. The Customer’s personal data will be processed for the duration of the contract and for the period of securing any claims in accordance with generally applicable legal provisions. It will then be deleted, unless the Customer decides to use the Controller’s services and leaves it on another basis and for the purpose indicated to them.
3. The Customer’s personal data will be made available to other data recipients, such as, for example, services providing IT system maintenance and hosting services, e-mail service providers, mailing (newsletter) or payment system providers, law firms, subcontractors and contractors involved in the operation of the online store, etc.
4. Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and its subsidiaries, Google, Microsoft, etc., the Customer’s data may be transferred to the United States of America (USA) in connection with its storage on American servers (in whole or in part). Google and Facebook apply compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will only be transferred to recipients who guarantee the highest level of data protection and security, including through:
1. cooperation with entities processing personal data in countries for which a relevant decision has been issued by the European Commission,
2. the use of standard contractual clauses issued by the European Commission (as is the case, for example, with Google),
3. the use of binding corporate rules approved by the competent supervisory authority,
or the transfer of personal data to which the Customer has consented.
1. The Customer has the right to access their data, correct it, rectify it, delete it or restrict its processing, the right to object to its processing, the right to transfer data, the right to request access to data, and the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, if they consider that the processing of their data is not in accordance with the current data protection legislation. They also have the right to be forgotten if further processing is not provided for by the current legislation.
2. The Customer also has the right to withdraw their consent at any time if they have provided their personal data on the basis of consent. Withdrawal of consent does not affect the processing of data that was carried out on the basis of consent before its withdrawal.
3. The Customer’s data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Controller will not make automated decisions that affect the Customer’s rights and freedoms.
4. In order to ensure the Customer’s security and to transfer data in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
5. Detailed rules for the collection, processing and storage of personal data used for the purpose of fulfilling orders through the Shop, as well as the cookie policy, are described in the Privacy Policy, which can be found at: https://www.darnok.com.pl/polityka-prywatnosci/.

§15 OUT-OF-COURT DISPUTE RESOLUTION AND CONSUMER CLAIMS

1. The Seller agrees to submit any disputes arising in connection with
the concluded contracts for the delivery of the Product to mediation proceedings. The details shall be determined by the parties to the conflict.
2. The consumer has the option of using extrajudicial means of complaint handling and claim pursuit. The consumer has the option, among others, to:
1. apply to a permanent consumer arbitration court with a request
to settle a dispute arising from the concluded contract,
2. apply to the provincial inspector of the Trade Inspection with a request
to initiate mediation proceedings for the amicable resolution of the dispute between the Customer and the Seller,
3. free of charge, seek assistance from the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).
1. For more detailed information on out-of-court complaint handling and redress, the Consumer may visit the website http://www.uokik.gov.pl and the offices and websites of district (municipal) consumer ombudsmen, social organisations,
whose statutory tasks include consumer protection, or the Provincial Inspectorates of Trade Inspection.
2. Consumers may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising
from an online sales contract or service contract.
3. The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.


§16 FINAL PROVISIONS

1. Contracts concluded via the Online Store and services provided are performed in Polish and based on Polish law.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, such as: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, changes in technology. The new Terms and Conditions shall enter into force on the date of their publication on the Seller’s online platform on the subpage: Terms and Conditions.
3. Contracts concluded before the amendment of the Terms and Conditions shall be governed by the version of the Terms and Conditions in force on the date of conclusion of the Contract.
4. In the event that any provision of these Terms and Conditions proves to be inconsistent with generally applicable law and infringes the interests of consumers, the Seller declares that it will apply the indicated provision.
5. Any disputes between the Seller and the Customer who is a consumer within the meaning of Article 221 of the Civil Code shall be settled by the courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
6. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the provision of electronic services, the Act on combating unfair competition, the Act on the protection of personal data and the General Data Protection Regulation (GDPR).

Link to the privacy policy: https://www.darnok.com.pl/polityka-prywatnosci/
Link to these Terms and Conditions: https://www.darnok.com.pl/regulamin/