I. GENERAL INFORMATION
IV. PAYMENT FOR GOODS ORDERED
V. ADDITIONAL FEES
VIII. WITHDRAWAL FROM AGREEMENT (returns)
IX. PROCESSING OF SHOP USERS’ PERSONAL DATA
X. RECORDING, PROTECTING AND PROVIDING THE TEXT OF THE AGREEMENT
XI. OTHER REGULATIONS
I. GENERAL INFORMATION
1. The Owner of 9design.pl online store (hereinafter referred to as the Store) is 9d Sp. z o.o. with its registered office in Warsaw, ul. Motylkowa 65B, registered by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000336526, NIP 9522076515 and REGON 142005020.
2. The Store also offers sells to retail clients via the Internet. To order products at the Store, it is necessary to fill in an order form and accept terms and costs of deliver set out therein.
3. A Client is a person or a company/an institution that fills in a registration or contact form. Orders at the Shop can be made solely by adult persons.
1. All products offered by the Store are new, unused, free of physical (except for selected goods available under the OUTLET tab, where physical defects of products are described) and legal defects and have been lawfully marketed for sale.
2. All prices given on the Store website are gross (i.e. with VAT). A product price specified the moment the Client orders a product version that is consistent with the description is a price binding on the parties of the transaction. The photo may differ from the version presented in the description.
3. The offer presented on the Store websites does not reflect the Store’s stock. Some of the goods are available at once (in that case, there is a note “Product available on stock” in the product description). Other goods are ordered by the Store when the Client makes an order or are available in the 9design store in Warsaw and are offered for offline sale.
4. All prices of products offered by the store are given only for information and do not constitute an offer within the meaning of Art. 66 et seq. of the Civil Code. The store reserves the right to cancel or limit a part of its offer, organise and cancel promotion actions and change its assortment and prices of goods without reason.
5. If data given are untrue, incomplete or wrong, the Store will try to contact the Buyer in order to supplement or correct them. If the contact is not possible, the Store has the right to withdraw from the sales agreement.
6. Delivery dates are specified for each product separately. NOTE: products coming within NOVELTIES and other categories may be delivered even within 10 weeks, which the Client will be informed about by the Store by e-mail or phone.
7. The Store uses all efforts to ensure that photos and descriptions of goods presented on the website are consistent with their actual characteristics.
8. If characteristics of goods offered differ from the photos, this will be clearly indicated in the description of goods. This may refer to colours or other properties of goods.
9. For reasons being beyond the Store’s control, the delivery dates may be extended. If the delivery dates cannot be met, the Store will inform the Client about a new expected delivery date.
10. Promotions organised by the Store do not combine with other promotions and are not subject to prior discounts.
11. The 9design Store offers Gift Coupons of various value and defined expiry date. The expiry date is always specified on the coupon. The coupon can only be exchanged into goods of the same or greater value. A difference must be paid by the Client. The coupon cannot be exchanged into cash and the value of the coupon cannot be refunded otherwise.
1. Delivery time is specified for all goods in working days. This is time required to gather and ship the goods ordered. If the delivery time is longer than specified on the website, the Store will contact the Client to confirm the order and agree on a new delivery date.
2. The Client makes an order via the interactive form available on one of Store websites. The order specifies, among others, goods, prices and quantities ordered by the Client to a specific location. The order will be delivered provided that the order form is complete and contains true data.
3. When the Client makes an order, the Store sends information about the order to the Client’s e-mail address. This is not a confirmation that the Client’s order has been accepted. This is only information that the Store received the order.
4. Then, the Store verifies whether the order can be accepted.
5. If the Store accepts the Client’s order, it notifies the Client of order approval by e-mail. The moment the Client receives such a statement, the parties are deemed to have entered into a distance sales agreement.
6. The order may be made as follows:
i) via the Store’s IT system (websites);
ii)by phone at the Client Service Centre, which operates a given online Store. Such an order must specify the first name and surname, postal address and e-mail address of an ordering party, as well as a VAT No (NIP) (applicably solely to business entities in order to issue an invoice), delivery address, telephone number, and the name, quantity and prices of goods ordered.
7. The Store reserves the right to withdraw from the sales transaction if the goods are not available from the supplier, which the Store has not been aware of the moment the Client has made the order. Any money already paid by the Client will be refunded into the defined bank account.
8. Before the Store sends an order confirmation, the Client may correct the order. The Client may also withdraw the order before it is confirmed by the Store. If the order has been already paid, the Store will refund the amount paid.
9. When the order of goods that are not available on stock is confirmed, the Client must pay an advance payment whose amount is specified in the description of goods or in the cart.
10. The Store reserves the right to refuse to accept an order which contains incomplete data, e.g. a wrong delivery address, no e-mail address, which are necessary to fulfil the order. Orders that are not paid within 7 business days of submission will be also considered as not made and will not be fulfilled, unless the Client makes other individual arrangements with the Store.
11. We issue invoices for all goods sold at our Store.
12. If the invoice is to be issued to a company or an institution, the name, data and VAT No (NIP) of the entity must be given. Buying at the Store, the Client agrees that the invoice will be issued without signature.
1. The following payment methods are acceptable:
i. Bank transfer. If goods are on stock, the Store reserves them and sends its bank account number to the Client by e-mail. When the payment is credited, the goods are sent to the Client. If the goods are not on stock, the Client must pay an advance payment.
ii. Via PayU (including electronic transfers and payment cards) or PayPal.
iii. Cash on delivery – if this payment method is chosen, an additional fee will be charged (see: Section V. below). A maximum amount of cash on delivery is PLN 1,500.
iv. Cash or payment card if goods are collected from the Store.
2. In the case of payment by bank transfer, the delivery date is extended with the transfer period.
1. Goods are shipped form the warehouse within 48 hours of the payment having been credited in our account solely via courier companies and solely in Poland. Goods cannot be shipped via the Polish Post Office. Transport services include the delivery of goods to the ground floor at the defined address. If goods are delivered on pallets, the Client must arrange for unpacking and carrying goods from the pallet to the premises on its own. The Client can choose delivery with carrying. The cost of such a service is defined in the cart.
2. All goods are covered with insurance guaranteed by a courier company.
3. The courier company delivers goods within 1-2 business days of shipment from our warehouse.
4. If the Client orders a greater quantity of products, the Store reserves the right to ship orders in batches subject to a prior agreement and confirmation with the Client by e-mail or phone.
5. In the event the goods are collected in the place indicated by the Client, it is recommended that the Client should check whether the goods are complete and have not been damaged in transit in the presence of the courier. If the goods are found damaged, the Client must inform the courier and sign a relevant complaint form in the presence of the courier. The complaint form will simplify and accelerate quantity or quality complaint handling by the courier company. In accordance with the courier company’s service terms and conditions, the damage report must be drawn up by the Client within 7 days.
6. If the goods are not collected, the Client will be charged for costs connected with the return of undelivered goods [this results from the Regulation of the Minister of Infrastructure of 9 January 2004 on terms and conditions for provision of common post services, whose § 37 stipulates that activities connected the return of registered parcel or postal order to the sender (if all possibilities of delivery to the addressee has been exhausted) are subject to a fee] and for re-shipment. If the goods return to the Store and the Store is not able to contact the Client, the goods will be stored for two months. The Client will be notified of the final collection deadline. Then, the goods will be taken over by the Store and the funds paid by the Client will not be refunded.
7. The Store allows for a personal collection of goods at the company’s premises subject to a prior appointment, to be made preferably two weeks in advance.
8. The goods that are to be collected in person at the 9design.pl store should be collected within two weeks from the notification of their availability. If the above period is exceeded, an additional storage fee will be charged at a rate of 50 PLN/m2 of surface area occupied by the goods for each 2 weeks of storage, however at least PLN 50 per two weeks. If the storage fee is charged, the goods may be collected only upon the payment of the fee in person at the store.
9. The shipment cost is dependent on the weight and dimension of goods ordered and is defined in the goods card under “Delivery time and cost”.
1. The Store, as a seller, is responsible towards the Client being a consumer within the meaning of Art. 22 of the Civil Code for any non-compliance of goods bought by the consumer with the sales agreement to the extent set out in the Act on Special Terms and Conditions of Consumer Sales.
2. Complaints stemming from the violation of the Client’s rights that are warranted by law or hereunder should be addressed to firstname.lastname@example.org. The Store will handle each complaint within 14 days or, if this is not possible, will notify the Client of the complaint handling deadline.
3. If to meet the Client’s request, new or repaired goods must be delivered, all costs will be payable by the Store.
4. The Store is not a producer of goods. All goods offered by the Store are subject to the producer’s guarantee. The producer provides guarantee for goods sold during a guarantee period specified in the guarantee certificate.
5. All goods offered by the Store are intended for domestic use. The producer has the right to reject complaints concerning goods used for commercial purposes if a defect stems from intensive use otherwise than in domestic conditions. The Store’s liability towards a buyer being an enterprise is set out in the Civil Code and is not subject to the Act on Special Terms and Conditions of Consumer Sales.
VIII. WITHDRAWAL FROM THE AGREEMENT (Returns)
1. Pursuant to the Consumer Rights Act of 30 May 2014, the Client being a natural person and buying goods for purposes not connected with professional or business activity may withdraw from the goods sales agreement without reason within 14 days of the receipt of the goods. To meet the withdrawal deadline, it is enough that the Consumer posts goods and the invoice to the address specified in Section 3 before the end of the above period or sends the statement of withdrawal by e-mail to email@example.com. Money paid will be refunded within 14 days from the Client’s withdrawal into the bank account specified by the Client, provided that the goods are returned. The return shipment cost is not reimbursable. The goods must not be changed, unless the change was necessary under ordinary handling principles. Goods ordered by companies, institutions, associations, foundations and other entities or persons carrying their business activity cannot be returned and replaced.
2. The Store extends the period of return to 30 days, provided that 30 days are counted as a maximum period between the receipt of the goods and the acceptance of the returned goods by the warehouse.
3. The goods must be returned to the following address: 9d sp. z o.o. Magazyn, ul. Lucerny 25, 04-687 Warsaw. In the case of goods of large size, the Store must be contacted by e-mail (firstname.lastname@example.org) in order to agree on an address to which the goods are to be returned.
4. Goods shipped back to the Store on a cash-on-delivery basis will not be collected by the Store.
5. Goods shipped back to the Store at the Store’s cost will not be collected, either.
6. The Client that withdraws from the agreement will receive a corrective invoice for approval. Such an invoice will be sent by the Store by e-mail.
7. Goods that are not offered by the Store on a standard basis and are subject to the Client’s individual order cannot be returned.
IX. INFORMATION ON THE PROCESSING OF STORE USERS’ PERSONAL DATA BY 9D SP. Z O.O.
1. The following information will be provided to the User the moment the User’s personal data are collected on the Store website.
2. A controller of the User’s personal data is 9d Spółka z ograniczoną odpowiedzialnością. The Data Controller processes personal data of Store Uses in accordance with the General Data Protection Regulation of 27 April 2016 (“GDPR”).
3. Contact data of the Data Controller for personal data protection purposes: email@example.com or postal address given in Section I 1.
4. Personal data of the Store Users are processed, among others, for the following purposes: (i) to perform goods sales agreement entered into between the User and the Store - in this case the data will be processed on the basis of an agreement entered into with the Data Controller as a result of the acceptance of the Store’s Rules; (ii) to maintain the Store User’s account - in this case the data will be processed on the basis of an agreement entered into with the Data Controller as a result of the opening of the user account and the acceptance of the Store’s Rules; (ii) to handle complaints - in this case the data will be processed on the basis of the Data Controller’s obligation stemming from legal regulations on statutory liability for defects in the goods sold; (iii) if the user gives separate consents, commercial information concerning goods offered by the Store, including promotional offers, can be sent to the User’s e-mail address or telephone number - in this case the User’s data will be processed on the basis of the User’s consent, which is not obligatory and may be withdrawn at any time; (iv) to address personalised marketing messages, e.g. in the form of purchase suggestions prepared through profiling, to the User on the Store’s website. The messages are prepared on the basis of the analysis of purchases made by the User - in this case the User’s data will be processed on the basis of the Data Controller’s legitimate interest consisting in the marketing of goods offered at the Store; (v) for marketing purposes - the Data Controller may send information about the Store’s offer and offers of the Store’s commercial partners from time to time to the User’s delivery address - in this case the User’s personal data will be processed on the basis of a legitimate interest of the Data Controller or the Data Controller’s partners consisting in the marketing of goods specified in the offer; the User may object to personal data processing for the above purpose at any time by contacting the Store; (vi) for statistical purposes in accordance with the Data Controller’s internal needs - in this case the data will be processed on the basis of the Data Controller’s legitimate interest consisting in the collection of information allowing for the development of its activity and the adjustment of its services to the Store User’s needs; (vii) to confirm the performance of the Data Controller’s obligations and to pursue claims or defend against claims that may be filed against the Data Controller and to prevent or identify frauds - in this case the User’s data will be processed on the basis of the Data Controller’s legitimate interest consisting in the protection of rights, the confirmation of the fulfilment of obligations and the receipt of a due remuneration from the Data Controller’s clients.
5. Buying goods at the Store, the User gives defined personal data which are necessary to perform the sales agreement. If the User refuses to give the data necessary to fulfil the order, the Store is not able to perform the sales agreement. The User is not obliged to give the consent to receive commercial information to the defined e-mail address or telephone number in order to perform the sales agreement. If the consent is given, it can be withdrawn at any time. The withdrawal of the consent is without prejudice to the compliance of processing performed before such withdrawal.
6. The Data Controller will share the User’s personal data with entities cooperating with the Data controller during the performance of the sales agreement concerning goods bought by the User, including the collection of payment for and the delivery of the goods.
7. Personal data given by the User will be processed for a period necessary to perform the sales agreement and handle complaints, as well as to confirm the fulfilment of the Data Controller’s obligations and pursue or defend against claims that may be filed against the Data Controller.
8. The Data Controller uses IT and organisational safety devices in order to minimise risks of data disclosure, damage, disintegration, like firewalls, anti-virus and anti-spam programmes, internal access, data processing and emergency recovery procedures, as well as a backup system operating at many levels. The Store ensures top security thanks to the use of first-rate HTTPS/SSL encryption in accordance with best practices and cooperates with a carefully selected hosting supplier.
9. Under terms and conditions set out in the GDPR, the User has the following rights in connection with the processing of the User’s personal data by the Data Controller for the Store’s purposes: right to access, right to rectification, right to data portability, right to erasure, right to object to data processing, and right to limit data processing.
10. The User has the right to lodge a complaint with the Chairman of the Personal Data Protection Office in connection with the User’s data processing by the Data Controller.
X. RECORDING, PROTECTION AND PROVISION OF THE TEXT OF THE AGREEMENT
1. These Rules are available to Clients under the “Rules” tab on the website of 9design.pl. The Client may download and print the Rules from the website.
2. Important terms and conditions of the sales agreement are recorded, protected, provided and confirmed to the Client by e-mail and by attaching the printed confirmation, Order specification and invoice to the goods.
2. The Rules provides for the Store’s buying principles. The moment the order is made, the Client is deemed to have accepted all regulations and information provided herein.