This translation is provided for information only. The Polish version is legally binding. Polski ↗
Terms and Conditions of the Domly online shop
§ 1. General provisions
- The online shop available at https://domly.com.pl (the “Shop”) is operated by Kamila Dynak, conducting business under the name Kamila Dynak, entered in the Polish Central Register and Information on Economic Activity (CEIDG), tax ID (NIP) 7511745259, REGON 523720809, address: ul. Rogowska 40/20, 53-440 Wrocław, Poland (the “Seller”).
- Contact with the Seller: e-mail domlyoffice@gmail.com, or by post to the address given in section 1.
- These Terms set out the rules for using the Shop, placing orders, concluding and performing sales contracts, the right of withdrawal and the handling of complaints. The Terms are made available free of charge on the Shop’s website in a form that allows them to be downloaded, saved and printed.
- The Terms apply to contracts concluded with Consumers, with entrepreneurs having consumer rights and with other entrepreneurs, subject to provisions that apply only to a specific group of Customers.
- Prices in the Shop are gross prices (including VAT) expressed in Polish zloty (PLN). Prices do not include delivery costs, which are shown during checkout before the order is placed.
§ 2. Definitions
- Customer – a natural person with full legal capacity, a legal person or an organisational unit without legal personality that is granted legal capacity by law, placing an order in the Shop.
- Consumer – a Customer who is a natural person concluding a legal transaction with the Seller that is not directly related to their business or professional activity (Article 221 of the Polish Civil Code).
- Entrepreneur having consumer rights – a natural person concluding a contract directly related to their business activity where the content of the contract shows that it is not of a professional nature for that person, in particular in view of the subject of their business activity as disclosed in CEIDG.
- Product – a movable item presented in the Shop that is the subject of a sales contract.
- Cart and Order Form – electronic services of the Shop that allow Products to be selected and an order to be placed.
- Sales Contract – a distance contract for the sale of Products concluded between the Customer and the Seller via the Shop.
§ 3. Electronic services and technical requirements
- The Seller provides the following electronic services free of charge: browsing the Product catalogue, the Cart and the Order Form. The contract for the Cart and Order Form services is concluded when the Customer starts using them and terminates when the order is placed or the Customer stops using the service.
- To use the Shop you need: a device with Internet access, an up-to-date web browser with JavaScript and local storage (localStorage) enabled, and an active e-mail address.
- The Customer must not provide unlawful content, including false data or the personal data of other persons.
- Complaints concerning electronic services may be sent to the Seller’s e-mail address. The Seller handles them within 14 days of receipt.
§ 4. Placing orders and conclusion of the contract
- To place an order, the Customer adds Products to the Cart, then enters their contact details and delivery address in the Order Form, chooses the delivery and payment method, optionally enters invoice details, accepts the Terms and clicks “Order with obligation to pay”, which means placing an order with an obligation to pay.
- Before placing the order, the Customer sees the total price of the Products and the delivery cost. The Shop does not charge any additional fees for the choice of payment method.
- After placing the order, the Customer sees the order number on screen and then receives an e-mail (in Polish) confirming acceptance of the order. The Sales Contract is concluded when the Customer receives that e-mail.
- The content of the concluded contract is recorded, secured and made available to the Customer by making these Terms available on the Shop’s website and by sending the e-mail referred to in section 3.
- Orders can be placed 24 hours a day. Orders placed on non-working days are processed from the next working day.
§ 5. Payments
- Available payment methods:
- online payment via Przelewy24 – BLIK, payment card, instant bank transfer (pay-by-link) and other methods offered by Przelewy24,
- bank transfer to the Seller’s bank account no. PL50 1090 2170 0000 0001 5244 4244 (SWIFT: WBKPPLPP), stating the order number as the payment reference,
- cash on delivery – available only with the “Courier, cash on delivery” option; this delivery option costs more than courier delivery without cash on delivery, as shown in the price list in § 6.
- All prices and payments are in Polish zloty (PLN).
- Online payments are processed by PayPro S.A., registered office in Poznań (ul. Pastelowa 8, 60-198 Poznań, Poland), entered in the National Court Register (KRS) under no. 0000347935, NIP (tax ID) 7792369887, the operator of Przelewy24.
- After placing an order with online payment, the Customer is redirected to Przelewy24 to pay. If the payment is not completed, the Customer may retry it on the page they return to from Przelewy24, or pay by bank transfer to the account given in section 1(b), within 7 days of the conclusion of the Sales Contract. If this deadline passes without payment, the Seller may withdraw from the contract and will inform the Customer by e-mail.
- When paying by bank transfer, the Customer must pay within 7 days of the conclusion of the Sales Contract. If this deadline passes without payment, the Seller may withdraw from the contract and will inform the Customer by e-mail.
- For each order the Seller issues a receipt or, at the Customer’s request made in the Order Form, a VAT invoice. The Customer agrees to receive the proof of purchase electronically at the e-mail address provided.
§ 6. Delivery
- Delivery is available only within the Republic of Poland. Delivery price list:
Delivery method Price Courier PLN 16.99 Courier, cash on delivery PLN 19.99 InPost parcel locker PLN 13.99 DPD Pickup point PLN 14.99 ORLEN Paczka point PLN 14.99 - Delivery is free for orders with a Product value of at least PLN 200. The current delivery cost is always shown in the Order Form before the order is placed.
- For delivery to an InPost parcel locker, a DPD Pickup point or an ORLEN Paczka point, the Customer enters the code of the chosen pickup point in the Order Form.
- The Seller ships the Products within 1 working day of the conclusion of the Sales Contract (cash on delivery) or, for online payments, of the Seller receiving the payment confirmation from Przelewy24, and for bank transfer payments, of the day the payment is credited to the Seller’s account. Delivery by the carrier usually takes 1–2 working days.
- Where possible, the Customer should check the parcel on delivery and, if it is damaged, draw up a damage report with the carrier. This does not affect the Consumer’s rights under § 8.
§ 7. Right of withdrawal
- A Consumer or an entrepreneur having consumer rights may withdraw from the Sales Contract within 14 days without giving any reason and without incurring any costs other than those set out in section 6. The period starts when the Consumer, or a third party other than the carrier indicated by the Consumer, takes possession of the Product; for a contract covering several Products delivered separately – when they take possession of the last of them.
- To meet the deadline, it is sufficient to send the withdrawal statement before it expires, by e-mail to domlyoffice@gmail.com or by post to the Seller’s address. The statement may be made using the form in Annex 1, but this is not obligatory. The Seller will promptly confirm receipt of the statement by e-mail.
- The Seller refunds all payments made by the Consumer, including the cost of delivery (except for additional costs resulting from choosing a delivery method other than the cheapest one offered by the Seller), without delay and no later than 14 days after receiving the withdrawal statement.
- The refund is made using the same payment method that the Consumer used, unless the Consumer agrees to another method that involves no costs for them. For online payments, the refund is made via Przelewy24 to the bank account or payment card used for the payment. For cash on delivery, the refund is made by bank transfer to the account indicated by the Consumer.
- The Seller may withhold the refund until it has received the Product back or until the Consumer has supplied proof of having sent it back, whichever is earlier.
- The Consumer sends the Product back to the Seller’s address without delay and no later than 14 days after withdrawing from the contract, and bears the direct cost of returning it.
- The Consumer is liable for any diminished value of the Product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning.
- The right of withdrawal does not apply in the cases listed in Article 38 of the Polish Consumer Rights Act, in particular to Products supplied in sealed packaging which are not suitable for return for health protection or hygiene reasons once unsealed after delivery (e.g. cosmetic accessories, make-up sponges, earrings), and to Products made to the Consumer’s specifications or clearly personalised.
§ 8. Complaints – non-conformity of the Product with the contract
- The Seller is liable to the Consumer and to an entrepreneur having consumer rights for any lack of conformity of the Product with the contract that exists at the time of delivery and becomes apparent within 2 years of that time, in accordance with Chapter 5a of the Polish Consumer Rights Act of 30 May 2014.
- If the Product does not conform to the contract, the Consumer may request its repair or replacement; if repair or replacement is impossible, would involve disproportionate costs, has not been carried out within a reasonable time, or the lack of conformity is significant, the Consumer may request a price reduction or withdraw from the contract (withdrawal is not possible if the lack of conformity is minor).
- Complaints may be submitted by e-mail to domlyoffice@gmail.com or in writing to the Seller’s address. We recommend including: your full name, the order number, a description of the defect (ideally with photos), your request and your contact details.
- The Seller responds to a complaint within 14 days of receiving it. Failure to respond within this period means the complaint has been accepted.
- If the Product needs to be delivered for the complaint to be handled, the Seller collects it at its own expense.
- For Customers who are neither Consumers nor entrepreneurs having consumer rights, the Seller’s liability under the statutory warranty for defects is excluded (Article 558 § 1 of the Polish Civil Code).
§ 9. Out-of-court complaint and redress procedures
- Consumers may use out-of-court complaint and redress procedures, in particular:
- apply to the permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection in Wrocław,
- apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings,
- obtain free assistance from a municipal or district consumer ombudsman or a consumer protection organisation.
- Information about these procedures is available at polubowne.uokik.gov.pl. Using them is voluntary and requires the consent of both parties.
§ 10. Personal data
The controller of Customers’ personal data is the Seller. The rules for processing personal data are described in the Privacy policy.
§ 11. Final provisions
- Contracts are concluded in Polish and are governed by Polish law. This choice of law does not deprive the Consumer of the protection afforded by provisions that cannot be derogated from by agreement.
- These Terms do not exclude or limit any rights of Consumers or entrepreneurs having consumer rights under mandatory provisions of law.
- The Seller may amend these Terms for important reasons (e.g. changes in legislation, payment methods or delivery methods). Orders placed before the amendment are governed by the Terms in force on the date the order was placed.
- Disputes with Customers who are neither Consumers nor entrepreneurs having consumer rights are resolved by the court having jurisdiction over the Seller’s registered address.
Annex 1 – model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: Kamila Dynak, ul. Rogowska 40/20, 53-440 Wrocław, Poland, e-mail: domlyoffice@gmail.com
I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*):
……………………………………………………………………………
Order number: ………………………………
Ordered on(*)/received on(*): ………………………………
Name of consumer(s): ………………………………
Address of consumer(s): ………………………………
Bank account number for the refund: ………………………………
Signature of consumer(s) (only if this form is notified on paper): ………………
Date: ………………
(*) Delete as appropriate.
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