Regulations

TERMS AND CONDITIONS OF DIGNITO ONLINE STORE

Last updated 25.05.18

I. Definitions

The terms used in the Regulations shall mean:

1. Customer/User - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses and/or makes an Order from the Store;

2. Civil Code - Law of April 23, 1964. (OJ. U. No. 16, pos. 93 as amended.);

3. Regulations - these Regulations for the provision of electronic services within the framework of the Dignito online store;

4. Online Shop (Store) - internet service available at www.dignito.pl, through which the Customer can, in particular, place Orders;

5. Merchandise - products presented in the Online Store;

6. Sales contract - contract for the sale of Goods within the meaning of the Civil Code, concluded between Dignito Michał Karlak and the Customer, concluded using the Store's website;

7. Law on special conditions of consumer sales - Law of July 27, 2002. on special conditions of consumer sales and on the amendment of the Civil Code (Dz. U. No. 141, item. 1176 as amended.);

8. Law on provision of electronic services - Law of 18 July 2002. on the provision of services by electronic means (Dz. U. No. 144, item. 1204 as amended.);

9. Order - Customer's declaration of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

10. Service - an action taken to satisfy a specific need (or needs) of the customer and carried out with his participation, often - for commercial purposes. Service in the economic sense is a useful intangible process that human labor produces in the production process by affecting the structure of a specific object.

11. Company Dignito Michał Karlak - Entity operating an online store.

12. RODO - 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.

13. Seller - Dignito Michał Karlak with registered office in Piastów, 9a Sosnowa Street, 05-820 Piastów, registered in the Central Register of Business Activity.

NIP: 5342291428; REGON: 146213659.

II. General provisions

2.(1) These Regulations set out the rules for the use of the online store available at www.dignito.en.

2.(2) These Regulations are the regulations referred to in Art. 8 Law on Provision of Electronic Services.

2.3. online store, operating under www.dignito.pl, is run by Dignito Michal Karlak.

2.(4) These Regulations set forth in particular:

a.) the rules for registering and using an account within the online store;

b.) terms and conditions for making electronic reservations for products available through the online store;

c.) terms and conditions for placing electronic Orders within the online store;

d.) the principles of concluding Sales Agreements using the services provided by the Internet Store.

2.(5) In order to use the online store, the customer should on his own access to a computer workstation or terminal device, with access to the Internet.

2.6. in accordance with applicable law, Dignito Michal Karlak reserves the right to limit the provision of services through the Online Store to persons who are at least 18 years of age. In this case, potential customers will be notified of the above.

2.7. customers may access these Terms and Conditions at any time through the link provided on the home page of the website.dignito.pl and download it and make a printout of it.

2.(8) Information about the Goods provided on the Store's website, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.

III. Rules of use of the Online Store

3.(1) The condition to start using the Online Store is to register with it.

3.2 Registration is done by completing and accepting the registration form, made available on one of the pages of the Store.

3.3. the condition of registration is to agree to the content of the Regulations and provide personal data marked as mandatory.

3.(4) An employee of the Store may deprive the Customer of the right to use the Online Store, as well as may restrict his/her access to part or all of the resources of the Online Store, with immediate effect, in case of violation of the Regulations by the Customer, and in particular, if the Customer:

a.) provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violates the rights of third parties,

b.) committed violations of the personal rights of third parties through the online store, in particular the personal rights of other customers of the online store,

c.) commits any other behavior that will be considered by the Store's employees as inconsistent with applicable law or general rules of Internet use, or harming the good name of Dignito Michał Karlak.

3.(5) A person who has been deprived of the right to use the online store may not register again without the prior consent of a Store employee.

3.(6) In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

3.7 In particular, the customer shall:

a.) not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,

b.) to use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,

c.) not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,

d.) use the Online Store in a manner that is not burdensome to other customers and Dignito Michał Karlak,

e.) use any content posted within the Online Store only for your own personal use,

f.) use of the Online Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

IV. The procedure for concluding a sales contract

4.(1) In order to conclude a Sales Contract through the Online Store, you should visit the website www.dignito.pl, make a selection of one or more goods and/or services, taking subsequent technical actions based on the messages displayed to the Customer and the information available on the site.

4.2. selection of ordered Goods / Services by the Customer is made by adding them to the shopping cart.

4.(3) During the placement of the Order - until the moment of pressing the "Order" button - The Customer has the possibility to modify the entered data and in the selection of Goods. To do so, follow the messages displayed to the customer and the information available on the website.

4.(4) After the Customer using the Online Store has entered all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include information regarding:

a.) of the subject of the contract,

b.) of the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),

c.) of the selected payment method,

d.) of the selected delivery method,

e.) delivery time.

4.(5) In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the "Place Order" button.

4.6. sending of the Order by the Customer constitutes a statement of intent to conclude a Sales Agreement with the company Dignito Michał Karlak, in accordance with the content of the Regulations.

4.(7) Once the Order has been placed, the Customer will receive an e-mail containing a final confirmation of all relevant elements of the Order.

4.8. the Agreement shall be deemed concluded upon receipt by the Customer of the e-mail message referred to above.

4.9. the sales contract is concluded in the Polish language, with the content in accordance with the Regulations.

V. Delivery

5.1. the Delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order.

5.(2) Delivery of the ordered Goods is carried out by our own transport (personal collection), by courier (K-Ex), by registered mail (Poszcza Polska) or by parcel post (Inpost). Delivery costs, depending on the option selected by the Customer, vary and are described in more detail in the Delivery Costs section of the page located on the main page of the Store. In addition, delivery costs will be indicated at the time of placing the Order.

5.3. the delivery period is from 1 to 5 working days counting from the day of sending the Order by the Customer.

5.4. customers may access these Terms and Conditions at any time through the link provided on the home page of the website.dignito.pl and download it and make a printout of it.

VI. Prices and payment methods

6.(1) The prices of the Goods are quoted in Polish zloty and include all components, including VAT (distinguished by the rate), customs duties and any other components.

6.2 The customer has the option to pay the price:

a.) prepayment on account:

DIGNITO Michal Karlak

Hive. Sosnowa 9A

05-820 Piastow

Account no: 57 1140 2004 0000 3802 4301 0426

SWIFT: BREXPLPWMBK

In the title of the payment, please include the order number and your name.

b.) payment on delivery:

In case of payment upon personal collection, it is necessary to have an evenly deducted amount of money.

VII. The right to withdraw from the contract

7.1. the customer, being a consumer as defined in art. 221 of the Civil Code, you have - based on the provisions of the law - the right to withdraw from the contract concluded at a distance, without giving any reason, making a statement in writing, within 14 days and sending it to the address of the company Dignito Michal Karlak given in these Regulations.

7.(2) The 14-day period shall be counted from the day on which the Goods were delivered.

7.(3) The consumer's right of withdrawal is excluded in the case of:

• to begin - with the consent of the consumer - the provision of services by Dignito Michal Karlak;
• goods (services) beyond the standard offer of the store, prepared on special order of the customer and tailored to his individual needs;
• services which, due to their nature, cannot be returned or whose object is subject to rapid deterioration.

7.(4) In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded. What the parties have rendered shall be returned in an unaltered state. The return should be made immediately, no later than within 14 days. The purchased goods should be returned to the following address:

Dignito Michal Karlak

Hive. Sosnowa 9A

05-820 Piastow

7.5. the Goods returned by the Customer should be packed in an appropriate manner, ensuring that the shipment is not damaged during transport.

7.6. the cost of packaging and returning the goods shall be borne by the customer.

VIII. Complaints about Goods

8.1. the Company Dignito Michal Karlak as a seller shall be liable to the Customer who is a consumer within the meaning of art. 221 of the Civil Code, for non-compliance with the Contract of Sale of the Goods purchased by this consumer, to the extent specified in the Law on Special Terms of Consumer Sales.

8.(2) Complaints, arising from the violation of the Customer's rights guaranteed by law, or under these Regulations, should be addressed to info@dignito.en. Company Dignito Michał Karlak undertakes to consider any complaint within 5 working days, and if this is not possible, to inform the Customer within this period when the complaint will be considered.

8.3. when you receive a shipment, you should inspect it very carefully and accept it only when its condition is not in doubt. The customer can report his claims in case of receiving damaged goods to info@dignito.en. Further proceedings and actions to be performed will be described in a return message to the email address indicated by the customer.

IX. Complaints regarding the provision of electronic services

9.1. the Company Dignito Michal Karlak takes steps to ensure that the Shop operates fully and correctly, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers.

9.2. the Customer is obliged to immediately notify the Company Dignito Michal Karlak of any irregularities or interruptions in the functioning of the service of the Online Store.

9.(3) Irregularities related to the functioning of the Store, the Customer may report by e-mail at info@dignito.pl or by using the contact form.

9.(4) In the complaint, the Customer should provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store.

9.5. the Company Dignito Michał Karlak undertakes to consider any complaint within 5 working days, and if this is not possible, to inform the Customer within this period, when the complaint will be considered.

X. Personal Information

The controller of personal data (within the meaning of Art. 4 pt. 7 RODO) of Customers, including Users using the functionality of the Store, is the Seller, that is, Dignito Michal Karlak based in Piastow, 9a Sosnowa Street, 05-820 Piastow.

The vendor has appointed a Data Protection Officer (DPO), who can be contacted on matters concerning the protection of personal data and the exercise of related rights. For this purpose, it is possible to contact by e-mail at info@dignito.pl, as well as by regular mail to the Seller's address with the note "Dignito Data Protection Inspector".

Personal data of Customers, including Users, may be processed for the following purposes and on the following legal grounds:

1. accepting orders and executing the sales contract (legal basis for data processing: art. 6(6). 1 litre. b RODO),
2. ongoing communication on matters related to orders placed, including confirmation and status information (legal basis for data processing: art. 6(6). 1 litre. b RODO),
3. enable registration and operation of an Account established within the Shop (in the case of creation of such an account by the User) and provide other functionalities through the Shop specified in Chapter 3 of the Regulations within the framework of a contract for provision of services by electronic means concluded with the User (legal basis for data processing: art. 6(6). 1 litre. b RODO),
4. handling complaints related to sales contracts concluded (art. 6(6). 1 litre. b RODO),
5. handling complaints from Users regarding services provided electronically (art. 6(6). 1 litre. b RODO),
6. receiving and handling other than complaints and matters related to ongoing contracts, notifications and inquiries addressed to the Seller (e.g. via contact details indicated on the Store's website), which constitutes a legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO,
7. to accept declarations of withdrawal from concluded distance sales contracts in accordance with the provisions of these Regulations and the provisions of Chapter 4 of the Act of May 30, 2014. on consumer rights, which constitutes a legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO),
8. consideration and investigation of claims, defense against claims, as well as for the purposes of implementation of out-of-court ways of handling complaints and investigating claims, which is the legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO),
9. enable the use of electronic payments, which is a legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO),
10. monitoring the use of services provided in the Store by Users, in terms of compliance with the provisions of the Terms and Conditions, as well as developing the functionality of the Store, improving the operation of services provided through it, which is a legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO),
11. for direct marketing purposes, including profiling, by selecting and displaying available Store goods taking into account the activity and preferences of specific Users, which is a legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO),
12. conducting statistical analyses, which is a legitimate interest of the Seller (legal basis for data processing: art. 6(6). 1 litre. f RODO),
13. implementation of legal requirements in the field of tax and accounting regulations, in particular, those set forth in the Law of March 11, 2004. on tax on goods and services (VAT), the law of February 15, 1992. on corporate income tax and the law of September 29, 1994. on accounting (legal basis for data processing: art. 6(6). 1 litre. c RODO),
14. storage of data for archiving purposes and for the purpose of demonstrating the correctness of fulfillment of legal obligations incumbent on the Seller, which constitutes its legitimate interest (legal basis for data processing: art. 6(6). 1 litre. f RODO),
15. sending commercial information electronically in the form of a Newsletter - if a specific person has given separate consent to receive commercial information electronically,
16. recording data in the form of cookies, collecting data from the Store's website and the mobile version of the Store - if a specific person has given separate consent to this under the rules set out in the Cookies Policy applicable to the Store's website.

Personal data of Customers (including Users) may be shared with the following categories of recipients:

1. subcontractors providing technical support to the Seller in the operation and maintenance, as well as development of the Store such as: entities providing hosting services, software providers for managing the Store, entities providing technical support for the Store's software, providers providing software for sending commercial correspondence electronically, marketing agencies, providers of diagnostic tools (e.g. related to traffic on the Store's website), with whom the Seller has entered into legally required contracts for the entrustment of personal data processing;
2. entities supporting the Seller's implementation of applicable laws and the powers and obligations under these Regulations in connection with the provision of services through the Store, such as law firms and entities providing consulting services, with which the Seller has entered into legally required contracts for the entrustment of personal data processing;
3. entities to which the transfer of data is necessary in order to ensure the proper implementation of services through the Store, as requested by a specific Customer (including the User) - entities providing electronic payment services (in the case of choosing such a payment option), entities that provide delivery of goods to the indicated address (such as courier services).

Personal data of Customers, including Users, are processed in the European Economic Area (EEA).

Acquired personal data will be stored by the Seller for the period of execution of concluded Sales Contracts and until their proper settlement, as well as for the period of providing the services of the Store (to Users) for the duration of contracts for the provision of electronic services, and in addition:

1. until the statute of limitations for potential claims under the contracts indicated above,
2. for the time necessary to pursue the specific claims made by the Seller or to repel them (if the claims were made by the Customer, including the User) in connection with the contracts referred to above,
3. for the duration of the performance of obligations under the law, including in particular tax and accounting regulations, such as obligations related to the retention of records as required by Art. 74 of the Act of September 29, 1994. about accounting,
4. for the period necessary for the Seller to document before the public administration authorities, including the supervisory authority in the field of personal data protection, the correctness of fulfillment of legal obligations incumbent on him,for archiving purposes, when it relates to the history of correspondence conducted and answers given to reported inquiries (not directly related to the concluded agreements) - for a period of no more than 3 years,
5. for direct marketing purposes, including profiling - until you object to the processing of your data for this purpose,
6. until the time of withdrawal of consent for data processing or their obsolescence (as determined by the Seller) - if the data processing is carried out with the consent given by a specific person.

The Seller provides each Customer, including the User, with the right to exercise all their rights under the RODO, i.e. the right to request access to their personal data, the right to rectify, delete or request restriction of processing, the right to data portability, as well as the right to object to their processing, under the terms and in the cases provided for in the provisions of the RODO.

In the case of processing of personal data by the Seller for the purpose of realization of legitimate interests (referred to above - art. 6(6). 1 litre. f RODO), each Customer (including the User) has the right to object to the processing of data for reasons related to his/her particular situation.

Data processed for the purpose of realization of the legitimate interest of conducting direct marketing of the Seller, including profiling, will be processed only until an objection is made to such form of processing. The customer (including the User) has the right to object to the processing of his/her personal data for direct marketing purposes, including through profiling, at any time.

In the case of processing of personal data by the Seller with the consent of the Customer (including the User), each person has the right to withdraw consent to the processing of his or her data at any time without affecting the legality of the processing of such data that took place before the withdrawal of consent.
Provision of personal data with respect to:

1. Users who want to create an Account in the Store - in order to register and create an Account, it is necessary to provide data in the scope indicated in the registration form, i.e. name, surname, residential address, e-mail address. Failure to provide this data will prevent the establishment of a User Account (and, consequently, the conclusion of a contract for the provision of electronic services), but the Customer will still be able to use the opportunity to order goods through the Store in the option without registering an Account;
2. Customers who place orders through the Store - in order to place and enable the Seller to execute the order (and thus the contract of sale) it is necessary to provide the following data: name, surname, address of residence (or other address for delivery), e-mail address, telephone number. Failure to provide this data will result in the inability to accept the order (and thus conclude a contract of sale), and in the case of failure to provide a contact telephone number, the inability to use the service of delivery of goods via courier,
3. Customers who make a statement of intent to withdraw from the sales contract - in order to make a statement of intent to withdraw from the sales contract concluded at a distance, it is necessary to provide data in the following areas: name, surname, residential address, order number, bank account number. Failure to provide this information may prevent the effective submission of a declaration of intent to withdraw from the sales contract, and failure to indicate a bank account number may prevent reimbursement,
4. Customers who file complaints in connection with the concluded sales contract - in order to file a complaint and enable its processing by the Seller, it is necessary to provide the following data: name, surname, address of residence, telephone number, bank account number. Failure to provide this data will make it impossible for the Seller to process the submitted complaint,
5. Users who file complaints in connection with the agreement with the Seller for the provision of services by electronic means under the terms of these Regulations - in order to file a complaint and enable its consideration by the Seller, it is necessary to provide the e-mail address that the user provided during registration of the Account in the Store. Failure to provide this data may prevent the Seller from processing the complaint submitted,
6. other cases - is voluntary.

The Seller shall not carry out processing operations on Customers' (including Users') data in an automated manner, which, at the same time, will lead to making decisions affecting them legally or in a similar manner significantly affecting their situation. Possible processing of data in an automated manner, including through profiling, will be exclusively for analysis and forecasting of individual preferences of Customers (including Users) using the Store.

Any person whose personal data is processed by the Seller has the right to lodge a complaint in connection with the processing of his/her personal data to the supervisory authority, which is the President of the Office for Personal Data Protection, having its seat at Stawki 2 Street, 00-193 Warsaw.

XI. Final provisions

10.1 Settlement of potential disputes arising between the Company Dignito Michal Karlak and the Customer, who is a consumer within the meaning of art. 221 of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

10.2 Settlement of potential disputes arising between the Company Dignito Michal Karlak and the Customer, who is not a consumer within the meaning of art. 221 of the Civil Code, shall be submitted to the court having jurisdiction over the registered office of the Company Dignito Michał Karlak

10.(3) In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.