The online store PATIO, operating at ambition.pl is run by DAJAR Sp. z o. o., with headquarters at ul. Połtawska 6, 75-072 Koszalin, Poland, registered in the business register of KRS maintained by the District Court IX Economic Department of the National Court Register in Koszalin - under the KRS number 0000006818, with a share capital of PLN 8,742,000.00, NIP: 669-22-96-668, REGON 003800675, BDO registration number 000000054.
For assistance with the Store, you can contact us by phone at +48 94 720 26 00, or by email at [email protected].
The terms used in these Regulations mean:
3.1. Store - an online store conducted by DAJAR Sp. z o. o. operating at https://patio.garden, selling goods via the Internet;
3.2. Store Website – web pages available at ambition.pl;
3.3. Business Days - all days of the week from Monday to Friday, excluding public holidays;
3.4. Order Processing Time - the time in which the Store will complete the order and hand it over to the carrier chosen by the Customer for the delivery method;
3.5. Goods – item/items offered for sale by the Store;
II. PLACING ORDERS.
The Store sells goods and services via the Internet. Information about goods and services is posted on the website ambition.pl.
A Customer can be:
2.1. an individual using the Store and making purchases not directly related to their business or professional activity, being a consumer in accordance with applicable law;
2.2. an entrepreneur (individual or legal entity) using the Store and making purchases directly related to their business or professional activity, excluding warranty liability for defects of the sold items;
2.3. an individual entering into a contract directly related to their business activity when the content of the contract shows that it is not of a professional nature for them, especially in relation to the subject of their business activity, made available based on the provisions about the Central Registration and Information of Business Activity;
2.4. other entities that do not have any of the statuses mentioned above, interested in making purchases at the Store.
These Regulations apply to Customers from any of the above categories, unless applicable law, referred to by these Regulations, applies exclusively to consumers (e.g., consumer judiciary).
Orders from Customers are accepted through the DAJAR.pl Store Website 7 days a week, 24 hours a day.
The Customer is fully responsible for providing incomplete or false information, especially for providing non-existent or data belonging to another person or company.
The store's staff reserves the right to directly contact the Customer using electronic communication means for verification of the information provided by the Customer in the order.
Sending an order to the Store is equivalent to the final confirmation of the order. By placing an order, the Customer concludes a sales contract for the ordered goods with the Store.
The Customer bears full responsibility for any consequences resulting from placing an incorrect Order, especially consequences of ordering a different product than intended, specifying an incorrect number of pieces, indicating an incorrect place of delivery of the ordered goods, etc.
If the Customer has registered correctly, then to make purchases, it is sufficient to provide their login and password.
Each Order placed according to the conditions specified in these Regulations constitutes the basis for concluding a separate sales contract regarding each of the ordered goods listed in the Order.
III. TRANSPORT COSTS.
Available delivery methods depend on the size of the ordered products and the scope of operation of individual courier companies.
The Customer will be informed about the shipping costs before placing an order in the "Delivery" section.
For orders exceeding the free shipping threshold, transport costs are covered by the Store. Information about the free shipping threshold is visible in the cart
IV. PAYMENT METHODS AND SALES DOCUMENTS
Available payment methods include:
1.1. Electronic payments (credit cards, Google Pay, Apple Pay, instant transfers, deferred payments, local payment methods)
1.2. Payment to the courier upon delivery
1.3. Traditional bank transfer
Available payment methods may differ depending on the country and chosen delivery method.
The Customer will be informed about available payment methods before placing an order in the "Payment" section.
The Store issues and sends in electronic form a receipt or an invoice upon customer's request.
The shipping list is located in the tab or a plastic pocket attached outside the package.
Customer from the European Union - The Store declares that for companies with an EU VAT number, it is possible to issue an invoice with 0% VAT. This is compliant with art. 42 section 1 of the act of 11.03.2004 on tax on goods and services.
Prices of goods available in the Store are expressed in the currency of the country chosen by the Customer and include VAT.
V. ORDER FULFILLMENT.
Delivery of ordered goods will occur within 2 to 14 business days from the date the Customer placed the Order.
The Store reserves the right to refuse to accept the Order in part or in whole in case the ordered goods are unavailable. In such a situation, the Customer will be informed within 24 hours (counting business days) about the impossibility to accept the Order at that time.
The Store reserves the right to refuse to fulfill Orders that have been filled in a way that raises concerns for the Store, if the Store's concerns are not clarified during direct contact with the Customer or it is impossible to contact the Customer.
For any activities related to Order fulfillment, the Customer should use the Order number and the email address that is the customer account identifier.
The Store reserves that ordered goods may be delivered to the delivery place in batches and/or separate shipments.
VI. DELIVERY AND RECEIPT OF ORDERED ITEMS.
The delivery of ordered goods will take place between 9.00 - 16.00. ?!
Upon receipt of the ordered goods, the Customer should:
2.1. promptly check the condition of the packaging and confirm receipt of the parcel.
2.2. regardless of the above – open the parcel and check the condition of the ordered goods at the time of delivery and their compliance with the placed Order and concluded contract.
2.3. The courier acting on behalf of the Store is obliged to wait while the Customer checks the condition and contents of the parcel. If the courier cannot wait due to time constraints, they are obliged to produce a report within 7 days from the delivery of the parcel, if the Customer finds the goods damaged.
VII. WITHDRAWAL FROM THE CONTRACT.
A Customer being a consumer under applicable law and a customer who is an individual entering into a contract directly related to their business activity when the content of the contract indicates that it is not of a professional nature for them, especially concerning the subject of their business activity available under the provisions about the Central Registration and Information on Business Activity, may withdraw from the contract without giving any reason and without incurring costs, except for costs indicated in these Regulations. The withdrawal period expires 14 days from the day the Customer took possession of the purchased goods or when a third party other than the carrier and indicated by the Customer took possession of the purchased goods. To preserve this period, it is sufficient to send a declaration before it expires.
The Customer may use the withdrawal form template, but it is not obligatory.
To exercise the right of withdrawal from the contract, the Customer must inform the Store about their decision to withdraw from the contract by way of an unambiguous statement – by letter sent by post to DAJAR Sp. z o. o., ul. Połtawska 6, 75-072 Koszalin or by email to [email protected].
In the case of withdrawal from the contract, the contract is considered null and void, and the Customer is released from all obligations. What the parties have provided shall be returned unchanged, unless the change was necessary within the ordinary management limits, to determine the nature, characteristics, and functioning of the goods. The return of purchased goods should occur promptly, not later than 14 days from the day the Store was informed by the Customer about exercising the right of withdrawal. In such a case, the Customer only bears the direct costs of returning the purchased goods.
Please send the return of purchased goods to the address:
DAJAR Sp. z o.o., ul. Różana 9, 75-220 Koszalin.
NOTE: We do not accept any parcels sent to us collect.
All payments received from the Customer, including the costs of delivering the purchased goods (except for additional costs arising from the chosen delivery method other than the cheapest ordinary method offered by the Store), will be returned promptly, not later than 14 days from the day the Store was informed by the Customer about exercising the right of withdrawal from this contract.
The Store may withhold the return of payments until receiving the purchased goods or until providing proof of their return, depending on which event occurs first.
Payment returns will be made using the same payment methods used by the Customer in the initial transaction unless the Customer explicitly agrees to another solution.
Returned goods must be complete, unused, clean, packaged in original packaging, undamaged, and additionally packaged in a way that ensures no damage to the parcel during transport. The Customer is responsible for reducing the value of goods resulting from using them in a way that goes beyond necessary to determine the nature, characteristics, and functioning of the goods.
VIII. LIABILITY FOR NON-CONFORMANCE OF GOODS WITH THE CONTRACT – MODE AND CONDITIONS OF FILING COMPLAINTS.
The Store bears legal liability for non-conformance of goods with the contract.
If the goods do not conform to the contract, the Customer, being a consumer under applicable law and a customer who is an individual entering into a contract directly related to their business activity when the content of the contract indicates that it is not of a professional nature for them, especially concerning the subject of their business activity available under the provisions about the Central Registration and Information on Business Activity, may demand repair or replacement of the goods.
The Store may carry out a replacement when the Customer demands repair, or the Store may repair when the Customer demands a replacement if bringing the goods into conformance with the contract in a way chosen by the Customer is impossible or would involve excessive costs for the Store. If repair and replacement are impossible or involve excessive costs for the Store, it may refuse to bring the goods into conformance with the contract.
The Store processes the complaint within 14 days from the moment the Store was informed by the Customer about the non-conformance with the contract, and without excessive inconvenience for the Customer, taking into account the nature of the goods and the purpose for which the Customer acquired them. The Store bears the costs of repairing or replacing the goods. The Customer makes available to the Store the goods subject to repair or replacement. For this purpose, the Customer should deliver on the Store's expense the goods not conforming to the contract to the address: DAJAR sp. z o.o., ul. Różana 9, 75-220 Koszalin. Before shipping the claimed goods, please contact the Store to confirm the details. NOTE: We do not accept any parcels sent to us collect.
If the goods were installed before the disclosure of the non-conformance with the contract, the Store disassembles the goods and reassembles them after repair or replacement, or orders these activities at its own expense. The Customer must make the goods available to the Store for this purpose.
A Customer being a consumer under applicable law and a customer who is an individual entering into a contract directly related to their business activity when the content of the contract indicates that it is not of a professional nature for them, especially concerning the subject of their business activity available under the provisions about the Central Registration and Information on Business Activity, may make a statement about reducing the price or withdrawal from the contract when:
6.1. the Store refuses to bring the goods into conformance with the contract,
6.2. the Store does not bring the goods into conformance with the contract within a reasonable time from the moment the Store was informed by the Customer about the non-conformance with the contract and without excessive inconvenience for the Customer.
6.3. the non-conformance of goods with the contract still exists despite the Store's attempts to bring them into conformance.
6.4. the non-conformance of goods with the contract is so significant that it justifies reducing the price or withdrawal from the contract without prior request for repair or replacement.
6.5. it is clear from the Store's declaration or circumstances that it will not bring the goods into conformance with the contract within a reasonable time or without excessive inconvenience for the Customer.
The reduced price must be proportional to the price implied by the contract in proportion to the value of goods not conforming to the contract compared to the value of goods conforming to the contract. The Store promptly returns to the Customer amounts due due to the use of the right to reduce the price, not later than within 14 days from the day of receiving the Customer's statement about reducing the price.
The Customer cannot withdraw from the contract if the non-conformance of the goods with the contract is insignificant.
In the event of withdrawal from the contract, the Customer should promptly at the Store's expense deliver goods not conforming to the contract to the address: DAJAR sp. z o.o., ul. Różana 9, 75-220. Before shipping the returning goods, please contact the Store to arrange the details. NOTE: We do not accept any parcels sent to us collect. The Store promptly returns the price to the Customer, not later than within 14 days from the day of delivery or proof of delivery of the goods. The Store returns the price using the same payment method used by the Customer, unless the Customer explicitly agrees to another repayment method, which does not involve any costs for them.
Statements due to non-conformance of goods with the contract should be sent to the email address [email protected] or postal address DAJAR Sp. z o. o. ul. Połtawska 6, 75-072 Koszalin.
The Store is liable for the lack of conformance of goods with the contract if such lack is revealed within two years from the moment of delivering the goods to the Customer.
The Store's liability does not include, in particular:
12.1. defects, damages, incorrect operation, or reduction in quality of goods purchased by the Customer resulting from accidental or intentional mechanical damage,
12.2. damage caused by careless or improper use of the goods,
12.3. damage to the goods caused by interference from third parties, including interference from unauthorized or non-approved by the Store or manufacturer service,
12.4. damage to goods from which serial numbers or other markings enabling their identification have been removed or damaged,
12.5. differences in the appearance of the ordered goods compared to the received ones, which result from improperly set screen parameters of the Customer's monitor.
The term "non-conformance of goods with the contract" does not include maintenance, cleaning, replacement, or repair of worn-out components or parts of goods, replacement of consumable materials, etc.
To use the rights resulting from non-conformance of goods with the contract, the Customer should provide proof of purchase.
A Customer who is a consumer may use alternative dispute resolution methods for handling complaints and claims. Access to these procedures is available at the offices or websites of entities authorized to alternative dispute resolution. Consumers may use, among others:
15.1. mediation conducted by the competent Provincial Inspectorate of Commercial Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa,
15.2. assistance of a competent permanent conciliation court operating at the Provincial Inspectorate of Commercial Inspection, where a request for the case to be heard before the conciliation court should be submitted. As a rule, the procedure is free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa,
15.3. help from a suitable European Consumer Centre from the European Consumer Centres Network. Centres provide information on consumer rights and help resolve disputes in case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. The list of Consumer Centres appropriate for the respective country can be found at: https://konsument.gov.pl/eck-w-europie/.
The preceding provision is informative and does not constitute a commitment by the Store to use alternative dispute resolution methods.
Using alternative dispute resolution methods for handling complaints and claims is voluntary for both the Store and the consumer.
Consumers may also use free assistance from a city or county consumer advocate or obtain information about methods of amicable resolution of consumer disputes at: https://polubowne.uokik.gov.pl.
IX. WARRANTY FOR DEFECTS OF SOLD ITEMS.
A Customer who is not a consumer under applicable law and not an individual entering into a contract directly related to their business activity when the content of the contract indicates that it is not of a professional nature for them, especially concerning the subject of their business activity available under the provisions about the Central Registration and Information on Business Activity, is excluded from the warranty for defects of sold items.
X. PERSONAL DATA PROTECTION.
The Store commits to protecting personal data in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 of April 27th, 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
More information on the privacy policy is available in the Privacy Policy section.
XI. FINAL PROVISIONS
The Customer declares that they have read the content of these Regulations before concluding a contract or contracts with the Store. Marking the option "I have read and accept the terms and conditions." means that the Customer understands and accepts the terms of the Regulations and the contract concluded with the Store. Failure to check this option will prevent making purchases at the Store.
Upon the Customer's request, the Store is obliged to explain the meaning of individual contract provisions.
The Store reserves the right to change the Regulations if required by mandatory legal provisions or changes in the Store's organization, method of operation, assortment, etc. Changes come into force 7 days from the day of their publication on the Store's website. Publication will consist of placing the text of the changed Regulations, and for registered Customers who have consented to receive newsletters, in the form of such a newsletter. Orders placed until the new content of the Regulations enters into force will be subject to the provisions of the previous version.
In all matters not regulated in these Regulations, related to concluding contracts between the Customer and the Store and/or using electronic communication from the Store and/or websites run by the Store, the appropriate norms of Polish law apply.
All disputes arising between the Customer and the Store will be resolved by the competent general or alternative regional courts according to the provisions on territorial jurisdiction of those courts.
