1. These Regulations define the general terms, conditions and method of sale conducted by Artur Różycki running a business under the name ARTUR RÓŻYCKI UPI based in Warsaw via the delakinia.com online store (hereinafter: “Online Store”) and define the terms and conditions of providing by Artur Różycki running a business under the name of ARTUR RÓŻYCKI UPI with headquarters in Warsaw, free electronic services.
1. Working days – means days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
3. Supplier – means the entity with which the Seller cooperates in the delivery of Goods:
a) a courier company;
b) InPost Paczkomaty Sp. z o.o. based in Krakow, providing services for the Delivery and operation of the post office box system (Paczkomaty);
c) Poczta Polska S.A. based in Warsaw.
4. Password – means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer – means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and legal provisions.
6. Consumer – means a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
7. Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
8. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which the law grants legal capacity, conducts business or professional activity on its own behalf and performs a legal act directly related to its business or professional activity.
9. Regulations – means these regulations.
10. Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
11. Seller – means Artur Różycki running a business under the name ARTUR RÓŻYCKI UPI with its registered office in Warsaw (02-482), ul. Battalion AK Włochy 16, NIP: 527-222-29-29, REGON: 015479940, entered into the Central Register and Information on Economic Activity kept by the Minister of Entrepreneurship and Technology; e-mail: sklep@delakinia.com, which is also the owner of the Online Store.
12. Store Website – means the websites where the Seller runs the Online Store, operating in the domain of delakinia.com.
13. Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement.
14. Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a reasonable time for the purposes for which this information is used, and which allows the stored information to be restored unchanged.
15. Sales contract – means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.
1.All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to patterns, forms, logos posted on the Store’s Website (except for logos and photos presented on The Store’s website for the purposes of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller will make every effort to ensure that the use of the Online Store is possible for Internet users with the use of all popular web browsers, operating systems, device types and types of Internet connections. The minimum technical requirements enabling the use of the Store’s Website is a web browser of at least Internet Explorer 11 or Chrome 66 or FireFox 60 or Opera 53 or Safari 5 or newer, with Javascript enabled, accepting “cookies” and an internet connection o a throughput of at least 256 kbit / s. The Store’s website is optimized for a minimum screen resolution of 1024×768 pixels.
3. The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when the Customers use the Store’s Website. The use of “cookies” is aimed at the correct operation of the Store Website on the Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer may disable the “cookies” mechanism in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.
4. In order to place an order in the Online Store via the Online Store Website, the Customer must have an active e-mail account.
5. It is forbidden for the Customer to provide unlawful content and the Customer to use the Online Store, the Store’s Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of third parties.
6. The Seller declares that the public nature of the Internet and the use of electronic services may entail the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
7. It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would infringe the interests of the Seller, ie advertising activities of another entrepreneur or product; activity consisting in posting content not related to the activities of the Seller; activity consisting in posting false or misleading content.
1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
5. After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer Account Service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration.
1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
3. A customer placing an order via the Store’s Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” button under the given Goods presented on the Shop Website. After completing the entire order and indicating the method of Delivery and payment method in the “CART”, the Customer places the order by sending the order form to the Seller, selecting the “Buy and pay” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
4. By placing an order, the Customer submits an offer to the Seller to conclude a Sales Agreement for the Goods being the subject of the order.
5. After placing the order, the Seller sends the confirmation of its submission to the e-mail address provided by the Customer.
6. Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §4 sec. 4 above and upon its receipt by the Customer, a Sales Agreement is concluded.
7. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a durable medium to the Customer’s e-mail address or in writing to the address provided by the Customer during Registration or placing an order.
1. The prices on the Store’s Website placed next to the given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller’s bank account);
b) payment card or bank transfer via the external payment system Stripe or PayPal (in this case, the implementation of the order will begin after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller’s bank account).
3. The customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
4. In the event of the Customer’s failure to pay the payment within the time limit referred to in §5 sec. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.
1. The Seller carries out the Delivery on the territory of European Union.
2. The Seller is obliged to deliver the Goods being the subject of the Sales Agreement without defects.
3. The Seller publishes information on the number of Working Days needed for the Delivery and execution of the order on the Store’s Website.
4. The date of Delivery and order processing indicated on the Store’s Website is counted in Working Days in accordance with §5 para. 2 of the Regulations.
5. The ordered goods are delivered to the customer via the supplier to the address indicated in the order form.
6. On the day of sending the Goods to the Customer, the information confirming sending the parcel by the Seller is sent to the Customer’s e-mail address.
7. The Customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier’s employee draw up the appropriate protocol.
8. The Seller, in accordance with the will of the Customer, attaches to the shipment being the subject of the Delivery a receipt or a VAT invoice covering the delivered Goods.
In order to receive a VAT invoice, the customer should declare at the time of purchase that he is purchasing the Goods as an Entrepreneur (taxpayer). The declaration of the above declaration is made by marking the appropriate field in the order form, before sending the order to the Seller.
9. In the absence of the Customer at the address indicated by him, given when placing the order as the Delivery address, the Supplier’s employee will leave a notification or make an attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of Delivery.
1. The Seller provides the Delivery of the Goods free from physical and legal defects. The seller is liable to the customer if the product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:
a) submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a Product free from defects, or instead of the Product replacement, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
b) demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
3. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if a physical defect is found within two years of the Goods being delivered to the Customer. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested replacement of the Product with a Product free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
5. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may send in writing to the address of the Seller.
6. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Good or the complaint related to the implementation of the Sales Agreement reported by the Customer.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address sklep@delakinia.com. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but not later than within 14 days, consider the complaint and provide the Customer with a reply.
8. The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
2. The period for withdrawing from the Sales Agreement starts from the moment the Consumer takes possession of the Goods.
The consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the Seller’s address, via e-mail to the Seller’s address. The declaration may be submitted on the form, the specimen of which was posted by the Seller on the Store’s Website at the following address: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
3. In the event of withdrawal from the Sales Agreement, it is considered void.
4. If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are returned or until the Consumer provides proof of the Goods being returned, depending on which event occurs first.
6. If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline.
8. In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
9. If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer about the costs of returning the goods on the Store’s website.
10. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
11. 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 return, which does not involve any costs for him.
1. The Seller provides the Customers with free electronic services:
a) Contact form;
b) Running a Customer Account.
2. The services indicated in §9 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
4. The Contact Form service consists in sending a message to the Seller using the form available on the Store’s Website.
5. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
6. The Customer Account Maintenance service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store’s Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed .
7. The Customer who has registered may submit a request to the Seller to delete the Customer Account, but in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request.
8. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, the Customer breaches the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified security reasons – in particular: breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue underlying the blocking of access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
1. The rules for the protection of Personal Data are set out in the Privacy Policy.
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned the agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer’s declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Customer to the e-mail address provided by the Customer during Registration.
1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
3. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court settlement of disputes. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the change in the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §11 of the Regulations.
6. The Regulations enter into force on 01/01/2020.