Terms & conditions

Terms and conditions of denimou.com

Full registration details of the store administrator and seller:

Vilk.co Sebastian Wilk
ul. Polna 9, 05-280 Jadów
NIP 1251700623
REGON 384929095

Below you will find the terms and conditions, which include information on how to place an order leading to the conclusion of the contract, details on the implementation of the contract, forms of delivery and payment available in the store, the procedure for withdrawal from the contract, or the complaint procedure.

In case of any comments, questions, doubts, we are at your disposal at [email protected]

Phone number: +48 514907228

We greet and wish you successful shopping
Denimou.com team

§ 1

Definitions

Na potrzeby niniejszego regulaminu, przyjmuje się następujące znaczenie poniższych pojęć:

1. Buyer– a natural person, a legal person, or an incapacitated legal person,
2. Seller – natural person, concluding a sales contract with the Seller, not directly related to its business or professional activity,
3. Regulations – these regulations, available at https://denimou.com/strona/regulamin,

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4. Store – Internet store, available at https://www.denimou.com,

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5. Seller – Vilk.co Sebastian Wilk, Polna St. 9, 05-280 Jadów

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§ 2

Preliminary provisions.

1. Through the Store, Seller conducts retail sales, while providing services to Buyers electronically. Through the Store, buyers can purchase products shown on the Store’s website.
2. Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and the Buyers.
3. To use the Store, including in particular to make a purchase in the Store, it is not necessary to meet special technical conditions by a computer or other device of the Buyer. Sufficient are:
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   1. access to the Internet,
   2. standard operating system
   3. standard operating system,
   4. standard Internet browser,
   5. standard operating system,
   6. standard operating system,
   7. standard operating system
   8. having an active e-mail address,

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4. The Buyer may not make a purchase from the Store anonymously or under a pseudonym.

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5. It is prohibited to provide unlawful content while using the Store, in particular, by sending such content via forms available in the Store.

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6. All product prices shown in the Store are gross prices.

§ 3

Services provided electronically.

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1. Through the Store, the Seller provides services to the Buyer electronically.
2. The basic service provided electronically by the Seller to the Buyer is to allow the Buyer to place an order in the Store leading to a purchase order.
3. The primary service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of an agreement with the Seller. Placing an order is possible without having an account at the Store.
4. If the Buyer decides to set up an account with the Store, the Seller also provides the Buyer with an electronic service consisting of setting up and maintaining an account with the Store. The account stores the Buyer’s data and history of orders placed by him in the Store. Buyer logs into the account using his e-mail address and password defined by himself.
5. Creation of an account in the Store takes place by checking the appropriate checkbox in the process of placing an order or by filling in a separate account registration form available in the Store. Buyer may at any time delete the account by sending a request to the Seller. Deletion of the account does not remove information about orders placed using the account, which information will be stored by the Seller until the expiry of the statute of limitations for claims under a contract concluded through the Store / throughout the duration of the Shop, unless the Buyer objects earlier to the storage of this information, and the Seller will not have an overriding interest in their storage.
6. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending e-mails containing information about new products, promotions, products of the Seller. Subscribing to the newsletter is done by completing and sending the newsletter subscription form or by checking the appropriate checkbox in the process of order placement. The Buyer may at any time unsubscribe from the newsletter by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending an appropriate request to the Seller.
7. Services are provided electronically to the Buyer free of charge. However, sales agreements concluded through the Store are chargeable.
8. To ensure the safety of the Buyer and data transfer in connection with the use of the Store, the Seller undertakes technical and organizational measures appropriate to the level of risk to the security of services provided, in particular measures to prevent unauthorized acquisition and modification of personal data.

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9. The Seller takes steps to ensure the full proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
10. Any complaints related to the functioning of the Store, the Buyer may submit via e-mail to the e-mail address [email protected]. In a complaint, the Buyer should specify the type and date of occurrence of irregularities related to the functioning of the Store. The Seller will consider any complaints within 30 days of receipt of the complaint and will inform the Customer of its resolution at the e-mail address submitting the complaint.

§ 4

Submission of an order

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1. Buyer can place an order as a registered customer or as a guest.

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2. A registered customer is a Buyer who has an account at the Store. The Buyer may create an account by checking the appropriate checkbox during the order placement process or by filling in a separate account registration form available in the Store.
3. If the Buyer has an account with the Store, he should log in to it before placing an order. Logging in is also possible during the order placement process by clicking the link available in the displayed message.
   The process of placing an order is completed by clicking the button that finalizes the order. Clicking on the button finalizing the order is a declaration of will by the Buyer leading to the conclusion of a contract of sale with the Seller.

4. If the Buyer has chosen online payment when placing the order, after clicking on the button finalizing the order the Buyer will be redirected to a payment gateway operated by an external payment operator in order to make payment for the order. If the Buyer has chosen payment by bank transfer, after clicking on the button finalizing the order the Buyer will be redirected to the Store’s website with order confirmation and payment instructions. Payment for the order should be made within 3 days from the conclusion of the contract.
5. In the order form the Buyer must provide true personal information. Buyer is responsible for providing false personal data. Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises reasonable doubts by the Seller as to their accuracy. In such a case the Buyer will be informed by phone or e-mail about the doubts of the Seller. In such a situation, the Buyer shall have the right to clarify any circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any explanations after the Buyer has made contact.
6. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although he has such a right in accordance with paragraph 7 above.

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§ 5

Delivery and Payment

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1. The available choices for order delivery are described on the Store’s website and presented to the Buyer at the order placement stage. The cost of delivery of an order is borne by the Buyer, unless the Seller on the Store website indicates otherwise. The Seller has the right to decide to split the order into several separate shipments without incurring additional costs to the Buyer.
2. Available methods of payment for an order are described on the Store website and presented to the Buyer at the stage of placing the order.
3. Electronic payments, including credit card payments, are handled by Blue Media SA and Przelewy24 (PayPro SA).
   The entity providing online payment services is Blue Media S.A.

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4. If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, at the e-mail address given on the order form.
5. Available forms of payment:
   Payment cards:
   * Visa
   * Visa Electron
   * Mastercard
   * MasterCard Electronic
   * Maestro
   Electronic payments:
   * Blue Media S.A.
   * Przelewy24

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§ 6.

Realization of the order.

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1. Accomplishment of an order consists in completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of delivery chosen by the Buyer for the order.

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2. An order is considered fulfilled when the shipment is sent to the Buyer (entrusting the shipment to a carrier engaged in transport).
3. The order lead time is always indicated next to each product. Ordered products should be delivered to the Consumer within 30 days, unless the product description clearly indicates a longer period. In this situation, by placing an order, the Buyer agrees to a longer lead time resulting from the product description. Order processing time is counted from the moment of obtaining a positive authorization of payment.
4. If the Buyer has ordered products with different lead times, the Seller shall be bound by the longest lead time of all products included in the order, but the Seller may propose to divide the order into several independent shipments to speed up the lead time for some products.

§ 7

Consumer Cancellation

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1. Consumer who has entered into a remote contract with the Seller, has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
2. Consumer who has entered into a remote contract with the Seller, has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
3. From 01.01.2021, the right to withdraw from the contract on the terms described in this paragraph and arising from the Act on Consumer Rights is also granted to a natural person who enters into an agreement with the Seller directly related to his business, when the content of the agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of his business activity, available on the basis of the provisions of the Central Register and Information on Business Activity. Therefore, when within this paragraph the rights of the Consumer are referred to, starting from 01.01.2021, these rights also apply to a person meeting the above criteria.

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4. The right of withdrawal does not apply to the contract:
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   1. in which the subject of the service is unprefabricated item, produced according to consumer specifications or used to meet his individual needs.

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5. To withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by mail, fax or e-mail.

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6. The Consumer may use the model withdrawal form available at https://cdn.shoplo.com/10889777/files/formularz-odstapienia-od-umowy-denimou.docx, but it is not mandatory.

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7. To meet the deadline for withdrawal, it is sufficient for the Consumer to send information concerning the exercise of the Consumer’s right of withdrawal before the expiry of the deadline for withdrawal.

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8. The Consumer must return the product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, but no later than 14 days from the date of withdrawal, unless the Seller has offered to collect the item himself. To meet the deadline is sufficient to return the product before its expiry.
9. The consumer shall bear the direct costs of returning the item.

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10. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available at the Store (if the cost was paid by the Consumer) immediately, and in any case no later than 14 days from the date on which the Seller was informed about the exercise of the right of withdrawal. Reimbursement will be made using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution. In any case, the Consumer will not incur any fees in connection with the form of payment refund.

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11. If the Seller has not offered to collect the item itself from the Consumer, the Seller may withhold the return of the payment received from the Consumer until the Consumer receives the item back or the Consumer provides proof of its return, whichever event occurs first.

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12. The Consumer shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.

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§ 8

Liability for defects

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1. The Seller is obliged to provide the Buyer with a product free from defects.
2. The Seller is responsible to the Buyer if the product sold has a physical or legal defect (warranty).
3. The Seller is responsible to the Buyer if the product sold has a physical or legal defect (warranty for defects).
4. The Seller is responsible to the Buyer if the product sold has a physical or legal defect (warranty for defects).
5. If the sold product has a defect, the Buyer may:
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   1. request a replacement for the product free from defects,

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   2. demand removal of the defect,
   3. demand that the defect be removed
   4. request a reduction in price,
   5. request a reduction in price
   6. submit a declaration of withdrawal from the contract,

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6. If the Buyer finds a defect in the product, the Buyer should inform the Seller about it, specifying at the same time his claim related to the found defect or making a statement of appropriate content.

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7. The Buyer may use the complaint form available at https://cdn.shoplo.com/10889777/files/formularz-reklamacyjny-denimou.docx, but it is not obligatory.
8. The Buyer may contact the Seller both by mail and e-mail.
9. The Seller shall respond to the Buyer’s request.
10. The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of receipt of the complaint by such means of communication, using which the complaint was submitted.

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11. Details concerning the Seller’s warranty for defects are governed by the provisions of the Civil Code (Articles 556 – 576).

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12. From 01.01.2021, the provisions on the Seller’s warranty for defects of the sold thing concerning consumers, shall also apply to a natural person who enters into an agreement with the Seller directly related to his/her business activity, when the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

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§ 9

Personal information and cookies

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1. The administrator of the Buyer’s personal data is the Seller.

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2. The Buyer’s personal data is processed for the following purposes and based on the following legal bases:
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   1. conclusion and execution of a contract – Article 6(1)(b) of the RODO,

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   2. performance of tax and accounting obligations – Article 6(1)(c) of the RODO,

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   3. defending, pursuing or establishing claims related to the contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) RODO,

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   4. identification of a returning customer, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the RODO,

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   5. servicing of inquiries submitted by Buyers not yet leading to the conclusion of an agreement, which is a legitimate interest pursued by the Seller – Article 6(1)(f) of the RODO,

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   6. sending a newsletter, after previously expressed consent – Article 6(1)(a) of the RODO,

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3. The recipients of the Buyer’s personal data are: courier companies, tax authorities, accounting office, web host, invoicing system provider, online store software provider, mailing system provider.
4. Because of the use of the MailChimp mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) in connection with its storage on servers located in the USA. The MailChimp system provider guarantees an adequate level of protection of personal data through appropriate compliance mechanisms (Privacy Shield).

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5. The Buyer’s personal data is stored in the Seller’s database for the duration of the Seller’s business in order to be able to identify the returning customer, which, however, the Buyer may object to by requesting the removal of his/her data from the Seller’s database. If such objection is made before the expiry of the limitation period for claims under the concluded agreement, the Seller shall have an overriding interest in keeping Buyer’s data until the expiry of the limitation period for claims. Accounting records containing the Buyer’s personal data shall be stored for the period required by law.
6. The Buyer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, their rectification, erasure, restriction of processing, the right to object to processing, the right to data portability, the right to lodge a complaint to the President of the Office for Personal Data Protection.
7. Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, create a user account, conclude an agreement or subscribe to a newsletter.
8. The store uses cookies technology.
9. Details related to personal data and cookies are described in the privacy policy available at https://denimou.com/strona/polityka-prywatnosci

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§ 10

Intellectual property rights.

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1. The Seller hereby instructs the Buyer that the content available on the Store website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the copyright in which vests in the Seller.
2. The Seller hereby instructs the Buyer that further distribution of copyrighted content by the Buyer without the consent of the Seller, with the exception of use of the content within the framework of permitted personal use, shall constitute an infringement of the Seller’s copyright and may result in civil or criminal liability.

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§ 11

Extrajudicial ways of dealing with complaints and claims.

1. The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation. Details will be determined by the parties to the conflict.

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2. Consumer has the opportunity to use out-of-court ways of dealing with complaints and claims. Among other things, the Consumer has the opportunity to:
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   1. apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded sales agreement,
   2. apply to a permanent amicable consumer court with a request to resolve a dispute arising from the concluded sales agreement
   3. apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Buyer and the Seller,
   4. apply for mediation proceedings
   5. use the assistance of county (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection.

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3. For more detailed information on out-of-court complaint and redress procedures, the Consumer can look at the website http://polubowne.uokik.gov.pl.
4. Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is for the resolution of disputes between consumers and businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract or service contract.

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§ 12

Final provisions.

1. The Seller reserves the right to introduce and cancel offers, promotions and to change prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
2. The Seller reserves the right to introduce changes to the Terms and Conditions without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
3. The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer under contracts entered into before the change of the Regulations.
4. Any disputes related to agreements concluded through the Store shall be considered by the Polish common court competent for the place of permanent establishment of the Seller. This provision does not apply to consumers, in whose case the jurisdiction of the court is considered on a general basis. Starting from 01.01.2021, this provision also does not apply to a natural person who enters into an agreement with the Seller directly related to his or her business activity, if it follows from the content of that agreement that it is not of a professional nature for that person, resulting in particular from the subject of his or her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity – in the case of such a person the jurisdiction of the court is considered on a general basis.
5. The present Regulations are valid as of 29.04.2021.

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