TERMS AND CONDITIONS OF THE ONLINE SHOP

www.dragonflychair.com

§1 Glossary 

The terms used in the Terms and Conditions shall mean:

Price - the price of the Goods with the applicable tax on goods and services (VAT), including costs of delivery of the Goods in the territory of Poland.

Delivery - refers to the actual activity consisting in delivery of the Goods specified in the order by the Seller to the User, through the intermediary of the Supplier (provided that such form of delivery is possible at the Seller) or collection in a stationary shop (showroom) of the Seller who offers collection in the showroom.

Supplier – the entity with whom the Seller cooperates in performing deliveries of Goods - courier company, mailbox operator (parcel machine).

Password - refers to a sequence of letter, digital or other characters chosen by the User during the Registration process on the Website, used in order to secure the access to the User's Account on the Website.Civil Code - the Act of 23 April 1964 Civil Code (Journal of Laws 1964 no. 16 item 93).

Consumer - a natural person carrying out a legal transaction with the entrepreneur which is not directly related to his/her economic or professional activity.

Account - a part of the Website, within the framework of which the User may use selected functionalities indicated in the Terms and Conditions.

Newsletter - commercial information made available by the Website, intended directly or indirectly to promote the Website Provider's goods, services or image.

Payment operator - PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068 and PayU S.A. with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered in the register of entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number 0000274399, holding tax identification number NIP 779-23-08-495.

Cookies policy – policy concerning electronic data processing, in particular small text files, recorded and stored on devices through which the User accesses the Website.

Entrepreneur - a natural person, a legal person and an organisational unit which is not a legal person and to which a separate act provides legal capacity; performing economic activity on its own behalf in accordance with the act.

Terms and Conditions - these terms and conditions.

Registration – a single action, consisting in creating a User Account, made independently by the User, with the use of tools made available on the Website.

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

Website - the service located on the Internet at www.dragonflychair.com and all functionalities and tools provided by this service.

Online Shop – online shop located at the following address: www.dragonflychair.com enabling online shopping on the terms and conditions set out in these Terms and Conditions.

Seller - Innovatronica Sp. z o. o., Prowansji 10F Str., 05-509 Józefosław, NIP [Tax Identification Number] 123-147-22-60, REGON [National Business Registry Number] 386609302.

Sale agreement - refers to the Sale Agreement concluded at a distance, on the terms specified in the Terms and Conditions, between the User and the Seller.

Services – services provided by the Service Provider to the Users free of charge and additional services within the scope of the Sale Agreement.

Consumer Rights Act - Act of 30 May 2014. (Journal of Laws of 24 June 2014, item 827, as amended).

Copyright and Neighbouring Rights Act - Act on Copyright and Related Rights - Act of 4 February 1994 on Copyright and Neighbouring Rights (i.e. Journal of Laws of 2016, item 880).

Unfair competition act/law - Act on Unfair Competition of 16 April 1993 (i.e. Journal of Laws of 2003, No. 153, item 1503, as amended).

User - a natural person with full legal capacity, as well as a legal person or an organisational unit without legal personality that uses or intends to use the Website.

Order - a statement of intent by the User, aiming directly at the conclusion of a remote Sale Agreement at the Online Shop.

§2 General provisions

1. Online shop https://www.dragonflychair.com (hereinafter referred to as the "Shop") enables you to make purchases over the Internet in accordance with these Terms and Conditions.
2. The shop is owned and operated by: Innovatronica Sp. z o. o., Prowansji 10F Str., 05-509 Józefosław, NIP [Tax Identification Number] 123-147-22-60, REGON [National Business Registry Number] 3866093023.
3. Goods available for sale are presented and described on the pages of the Shop. The listed prices of the items are total gross prices and the delivery charges, according to the selected option, are listed separately, unless, due to the value of the order, the cost of delivery is covered by the Seller.
4. Items that are currently in stock are marked as available and can be ordered according to the terms established in the item description.
5. The seller is obliged to deliver the purchased items in a defect-free condition. 
6. The offered items are new and originally packaged.
7. The items sold under the promotion may be post-show or return items.
8. Contact with the Shop and the Seller is available via:

• by post, our address: Innovatronica Sp. z o. o., Prowansji 10F Str., 05-509 Józefosław;
• by e-mail: sklep@dragonflychair.com;
• at tel: +48 607-957-882.

§3 Rules for using the Shop

1. By using the Shop you are obliged to: - not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,- not interfere with its functioning,- not to take actions such as: sending or posting unsolicited commercial information (spam) within the Shop,- use the Shop in a manner compliant with the provisions of the law in force on the territory of the Republic of Poland, with the provisions of the Terms and Conditions, as well as with the general principles of using the Internet. 
2. Every potential User/Customer has the opportunity to view the range offered by the Shop without registering in the system - no personal data is collected at this stage. If the Customer decides to purchase from the Shop, he/she may choose to create a user account where he/she will be able to track his/her orders in the future and view the history of his/her previous purchases. For this purpose, the customer will be asked to provide the necessary data for this process, i.e. login and e-mail address, which will be used for the login option.
3. The customer can place an order without creating an account.
4. A customer with an account in our shop can at any time change the password, update or verify his or her data by logging into the shop system on his or her user account. After clicking on the option "change your data"" - it is possible to change them. You cannot change the data used for the current purchase yourself, as they are part of the bill or invoice.
5. If the Customer has agreed to receive marketing information from the Shop (Newsletter) and has provided his or her e-mail address, this information will be delivered by this means (in connection with the requirements of the Act of 18 July 2002 on Electronic Provision of Services (Journal of Laws no. 144 of 9 September 2002, item 1204). The Customer may withdraw consent to receive this information at any time.   

§4 Copyright protection

1. All personal and property copyrights to any elements of the Website (text, graphics, page layout, etc.), with the exception of certain logotypes and photographs presented in the Website for the purpose of presenting goods, to which copyrights belong to third parties, are reserved. The Website and all its elements are protected by law, in particular by the Act of 4 February 1994 on copyright and related rights (Journal of Laws 2016, item 880) and the Act of 16 April 1993 on Unfair competition (i.e. Journal of Laws of 2003, No. 153, item 1503, as amended).
2. Label www.dragonflychair.com and other trademarks used on the website are trademarks protected by the provisions of the Act of 30 June 2000. Industrial Property Law (i.e. Dz.U. of 2017, item 776) and the Act of 16 April 1993 on Unfair Competition (i.e. Journal of Laws of 2003. No. 153, item 1503 as amended.)

§5 Orders

1. In order to place an order in the Shop, you need to have an e-mail account and turn on the function in your browser to accept cookies (functional files) and pop-up windows. The cookie policy is available in a separate tab.
2. Placing an order is done by completing the following steps:

   - select the items you are interested in and add them to your basket;

   - go to the order page, marked in the menu with a basket icon, where you can see a summary of the selected items and their prices;

   - the selection of purchasing options through the registration of your own user account or as a guest;

   - filling in the form by providing the necessary personal data and contact details;

   - choosing the form of delivery of the ordered items;

   - confirmation that you have read and accept these Terms and Conditions;

   - choice of payment method;

3. If you have provided incorrect information in your order, the shop will contact you by e-mail or telephone to correct it, if contact is possible.
4. The shop will inform you by a message on the website and by sending an e-mail about the positive verification of the given data and the confirmation of your order. 
5. When this message is sent, a sales agreement is concluded between you and the Seller. 
6. The message will contain the data necessary to make the payment according to the chosen method.
7. In the case of payment by bank transfer in the Przelewy24 system, you will be redirected to the relevant website to make the payment immediately after placing the order.

§6 Discounts

1. The Discounts are available to all shop customers.
2. If you have a discount code, enter it on the shopping summary page in the "Use discount code" field
3. When you enter a discount code, the prices of products or services are automatically reduced by the available discounts.  

§7 Payments

1. In order to pay for your ordered items you can use the following payment methods:- standard bank transfer to the Seller's account (account number can be found in the Payments tab,- fast transfers: Via the website of the shop, you can use the services of Przelewy24, PayU or others.
2. Payment by bank transfer must be made within 10 days of the conclusion of the sales agreement. Failure to pay in time will result in cancellation of the order.
3. The pay card operator is PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068 and PayU S.A. with its registered office in Poznań, 60-166 Poznań, Grunwaldzka 186, entered in the register of entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number 0000274399, holding tax identification number NIP 779-23-08-495.

§8 Delivery and collection

1. The ordered items are dispatched within the period indicated in the product description, counting from the day of receipt of payment by the Seller
2. The cost and method of shipment is specified each time before placing the order and does not include any additional charges.
3. The Seller informs on the website about the shopping amount, the exceeding of which is rewarded with free delivery. In such case, its cost will be borne in full by the Seller, which you will be informed of on the order page by clicking on the basket icon in the menu of the website.
4. If you have purchased an item as a consumer and it is to be dispatched by the seller, the risk of accidental loss or damage to the item is transferred to you upon delivery. However, if you request the use of a carrier other than the seller, the handing over of the item is already understood to be the handing over of the item to the carrier.
5. If you have purchased an item as a consumer, the seller will provide you with a confirmation of the remote sale contract in paper form. The content of the confirmation is the information about the acceptance of the order and the text of these Terms and Conditions.
6. Each item purchased is supplied with a VAT invoice in paper or electronic form, according to the customer's choice.

§9 Complaints

1. If in your opinion a purchased item is defective, you can exercise warranty rights in accordance with the provisions of the Polish law currently in force.
2. Complaints should be made by post by sending back the goods together with a written description of the defect and your demands towards the seller.
3. If you have purchased a defective item as a consumer, you may request that the Seller: (a) repairs it or replace it with a new one; (b) lowers the price (in proportion to the impairment); (c) withdraws from the agreement (provided that the defect is serious);   - in accordance with the provisions of the Polish Civil Code.
4. You will be informed immediately of how your complaint has been resolved. If we do not respond to your complaint as a consumer within 14 days, we will consider your request to be legitimate.
5. Repairs and replacements will be made promptly so as not to cause you undue inconvenience.
6. If the complaint is legitimate, the cost will be borne by the seller, who may ask you to provide proof of payment for the shipment. 

§10 Withdrawal from the agreement

1. If you have purchased the item in question as a consumer, it is possible to withdraw from the contract of sale within the time limit and under the conditions in accordance with the Consumer Rights Act of 24 June 2014, as described in this instruction, which is attached as Annex 1 to the Terms and Conditions.
2. You may make a declaration of withdrawal using the withdrawal form attached as Annex 2 to the Terms and Conditions, which, however, is not obligatory.
3. You will receive both the instruction on the right of withdrawal and the withdrawal form in paper form upon delivery of the ordered items. 

§11 Use of personal data

By making purchases in the Shop you agree that the data required in the form for creating a user account or in the order form will be used by the Seller for the purpose of recording sales, realisation of orders and to collect opinions on products. Your data may also be forwarded to transport service providers for the purpose of delivery of purchased items.

If you have given your consent to receive information on promotions and new products offered by the Shop and to receive offers from the Shop's partners, such information will be forwarded to the address you have provided in the form of an e-mail message. You may withdraw your consent at any time.You have the right to access, correct, update or delete your data at any time using the options available in your user account or by contacting the Seller.Other issues concerning the use of personal data are described in the Privacy Policy. Acceptance of these terms and conditions also implies acceptance of the Privacy Policy. 

§12 Out of court dispute resolution and claim assertion procedures and rules of access to these procedures

1. Detailed information about the possibility of using out-of-court complaint handling and claim assertion procedures by the User who is a Consumer, as well as the rules of access to these procedures are available in the offices and on the websites of district (city) consumer advocates, social organisations whose statutory tasks include consumer protection, Regional Inspector of Commercial Inspection and the Office for Competition and Consumer Protection.
2. If you wish to benefit from the out-of-court ways of dealing with complaints and claims, you may turn to the institutions concerned with the protection of consumer rights and interests, in particular:

1. the district (municipal) consumer advocate,
2. Regional Inspector of Commercial Inspection (WIIH) and their branch offices conducting mediation. Mediation shall be carried out at the request of the Consumer or ex officio after the complaint route has been exhausted. The mediator is an employee of WIIH. Mediation is voluntary, which means that both parties must agree to such a method of dispute resolution,
3. arbitration courts, in particular permanent arbitration courts for consumers operating at WIIH (both in voivodship capitals and in their local branches). These courts deal with disputes over property rights arising from sale agreements for products and provision of services. Their essential feature is their voluntary  nature. This means that a case can only be heard by an arbitration court if both parties agree to it and submit to its jurisdiction, i.e. make a so-called arbitration clause. The procedure can be initiated both by the consumer and the entrepreneur.

3. The proceedings described above are free of charge, the only costs may relate to the payment of expert opinions commissioned in the case by independent experts. As a consumer, you have the following options, among others out-of-court complaint and claim assertion procedure:

• apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded sales agreement;
• apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute. 

§13 Final provisions

1. In all matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other laws shall apply, and in relation to consumers also the Consumer Rights Act, dated 30 May 2014. (Journal of Laws of 24 June 2014, item 827, as amended).
2. These Terms and Conditions shall enter into force on 01.05.2021 and shall remain in force for an indefinite period. The Service Provider reserves the right to amend these Terms and Conditions subject to a seven-day notice period, of which it shall inform by presenting the new version of the Terms and Conditions on the Website at least seven days before the changes take effect. Amendments to these Terms and Conditions may be caused, in particular, by legislative changes, development of Internet technologies, changes in the principles of using the services (in particular changing the scope of services or introducing new ones) or the Website, changes in the methods of placing orders, reservations, payments, deliveries, complaints (to the extent that these changes affect the implementation of the provisions of these Terms and Conditions). All agreements on provision of services by electronic means concluded before the effective date of the new Terms and Conditions shall be performed on the basis of the Terms and Conditions that that were in force on the date of the conclusion of the agreement for the provision of services by electronic means. Change of data concerning the registered office, address, e-mail address, telephone or fax number, amount of share capital and other data concerning the Service Provider shall not constitute an amendment to the Terms and Conditions.