TERMS AND CONDITIONS OF THE DEKO EKO WEBSITE
Thank you for visiting our website provided at https://dekoeko.pl/ and https://dekoeko.com/ (hereinafter: "DEKO EKO", "Website", "Service").
The formula of these terms and conditions is to establish the general terms and conditions for the use of the Website, in particular the terms and conditions under which the use of electronic services available on the Website, placing orders , conclusion and execution of contracts concluded through DEKO EKO BV will take place.
We invite you to read the rules and regulations,
DEKO EKO Team
These Terms and Conditions set out the general terms and conditions for the use of the Website, in particular the terms and conditions under which the use of electronic services available on the Website, registration, browsing of content, placing orders, conclusion and performance of contracts concluded through the Website will take place.
DEKO EKO is owned by DEKO EKO B.V. with its registered office in Amsterdam (registered office and delivery address: Johan Huizingalaan 763A, 1066 VH Amsterdam, the Kingdom of the Netherlands), registered in the Dutch trade register (Handelsregister) of the Dutch Chamber of Commerce (Kamer van Koophandel), under KVK number: 71425675, with tax identification number (BTW number) NL858710870B01, e-mail address: biuro@dekoeko.com and contact telephone number: +48 798 834 393 (hereinafter: "Administrator").
The main form of ongoing remote communication with the Administrator is the contact form available on the Website and e-mail (e-mail address: designers@dekoeko.com), through which information concerning the use of the Website can be exchanged with the Administrator. Users may also contact the Administrator in other ways permitted by law, using the contact details indicated at the beginning of the Terms of Use.
Terms used in these Terms and Conditions shall mean:
ADMINISTRATOR, DEKO EKO - DEKO EKO B.V. with its registered office in Amsterdam (registered office and delivery address: Johan Huizingalaan 763A, 1066 VH Amsterdam, the Kingdom of the Netherlands), registered in the Dutch trade register (Handelsregister) of the Dutch Chamber of Commerce (Kamer van Koophandel), under KVK number: 71425675, with tax identification number (BTW number) NL858710870B01, e-mail address: biuro@dekoeko.com and contact telephone number: +48 798 834 393.
PRICE LIST - a price list of chargeable functionalities available on the Website. The pricelist is available on the Website under the tab "Pricelist", as an appendix to these Terms of Use or on or on other pages available to Website users.
Designer - a User who is a manufacturer of Products created from waste, for whom the use of the Website and the conclusion of contracts through the Website is directly related to his/her business activity.
E-CUPON - a gift voucher generated by the Administrator that enables its holder to pay for the Product sales contract.
INDIVIDUAL CUSTOMER - a User who uses the Website to browse the offers of Products in the Shop or to purchase these Products by means of sales contracts.
BUSINESS CUSTOMER - a User who has waste that can be transformed into Products, who is interested in cooperating with Designers or who is interested in purchasing Products from the Shop, for whom the use of the Website and the conclusion of contracts through the Website is directly related to his/her business activity.
CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
ACCOUNT - Electronic Service, a set of resources in the Administrator's ICT system, marked with an individual electronic mail address (e-mail address) and with a password provided by the User, in which the data provided by the User and information about his/her activities within the Website are stored.
PROJECTOR ACCOUNT - an Account for a User who is a Designer, enabling him/her, among other things, to display Products in the shop, participate in upcycling challenges created on the Website by Business Customers, submit submissions/designs in response to upcycling Challenges and production requests.
INDIVIDUAL CUSTOMER ACCOUNT - an Account for a User who is an Individual Customer enabling, among other things, the purchase of Products in the Store under sales contracts.
BUSINESS CUSTOMER ACCOUNT - User account as a Business Customer that allows for, among other things, donating waste and used items for upcycling, commissioning projects via the Challenge functionality, using the Smart Matching search engine, creating shop-in-shops.
BUYER - a User purchasing a Product from another User (Seller) under a contract of sale of a Product concluded via the Website.
NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users who use it to receive from the Administrator the cyclical content of successive editions of a newsletter containing information about Products, news and promotions on the Website.
WASTE - an object created as a result of the business activity of an enterprise, from which the User may produce a Product that can then be the subject of a Sales Contract on the Website. Waste, for the collection or processing of which it is necessary to hold the relevant permits, shall only be processed by entities holding the relevant permits. Users shall be obliged to hold all the necessary permits in the aforementioned regard, if required by the relevant legislation.
PRODUCT - a movable item or digital content which is the subject of a contract of sale of a Product concluded via the Website by the Customer and the Organiser.
REGULATIONS - these regulations of the Website.
INTERNET SERVICE, WEBSITE, DEKO EKO - Internet service operated by the Administrator and available at the Internet address https://dekoeko.pl/ and https://dekoeko.com/.
SHOP / SHOP IN SHOP - a separate part of the Website allowing the conclusion of Sales Agreements between Sellers and Customers.
CHALLENGE - a Product design competition announced on the Site by a Business Customer and aimed at Designers.
SMART MATCHING - a search engine available on the Site to quickly find and order finished Upcycling Products.
SELLER - a User who sells a Product to another User (Buyer) under an agreement for the sale of a Product concluded via the Website.
ELECTRONIC SERVICE - a service provided electronically by the Administrator to the User via the Website in accordance with the Terms of Use.
CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
USER - Designer, Company disposing of Waste, Retail Client being (1) a natural person having full legal capacity, and in cases provided for by generally applicable laws also a natural person having limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law; - using or intending to use the DEKO EKO website and Electronic Services available at DEKO EKO.
The User is obliged to use the Website in a manner compliant with the law and good manners, with due regard to respect for personal rights and copyrights and intellectual property of the Administrator, other Users and third parties. The User is obliged to enter data conforming to the actual state of affairs. The User is obliged not to provide unlawful content.
Technical requirements necessary for the cooperation with the ICT system used by the Administrator: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; (4) inclusion of cookies and Javascript support in the web browser.
The Administrator complies with Article 14(1) of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002 No. 144, item 1204 as amended), according to which: The person who, while providing access to the resources of the information and communication system for the purpose of storing data by the User, does not know about the unlawful nature of the data or related activities, and in the event of receiving official notification or obtaining reliable information about the unlawful nature of the data or related activities, shall immediately prevent access to such data.
The Administrator informs that using the Website via the Internet involves risk. The main risk for any Internet user, including persons using the Website and Electronic Services, is the possibility of infecting the User's computer system or device with various types of software created mainly to cause damage, such as viruses, "worms" or "Trojan horses". In order to avoid such risks, it is important that the User equips his/her device, which he/she uses when using the Website, with an anti-virus programme and keeps it updated by installing the latest versions.
The Administrator is the controller of personal data processed on the Website in connection with the implementation of the provisions of these Terms and Conditions. Personal data are processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy (link) published on the Website. The privacy policy primarily contains principles concerning the processing of personal data by the Administrator on the Website, including grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. The use of the Website is voluntary. Likewise, the related provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Administrator's statutory obligations.
The administrator of the Buyer's personal data processed in connection with the conclusion and performance of the sales contract is the Seller. The Sellers who process the Buyer's personal data obtained through DEKO EKO are obliged to process them in accordance with the commonly binding regulations, to exercise due diligence for the protection of personal data to which they gain access via the Website and are obliged not to use the obtained data for purposes other than for the use of the Website and its Electronic Services, unless the basis for such action has been authorised by other commonly binding regulations of law.
Any User may use the Website under the conditions indicated in the Terms of Use. In the case of certain Electronic Services, the Administrator may specify additional access conditions.
The User may use the following Electronic Services on the Website: Account (including, depending on the type of User: Individual Customer Account, Business Customer Account, Designer Account) together with their dedicated functionalities such as Smart Matching, Upcycling Challenges, Submit Waste, Request a Prototype, Request a Wholesale Quote, Business Recommendations for Designers, Upcycling Recommendations for Business and Newsletter. A detailed description of the Electronic Services and how they work is available in the Terms and Conditions and on the Website.
CONDITIONS OF USE OF THE DESIGNER ACCOUNT
Using the Designer's Account is possible after the User performs a total of four consecutive steps - (1) going to the "Register" tab; (2) choosing the type of Account; (3) filling in the interactive registration form; and (4) clicking the field "Send application" and after the Administrator approves the Designer's Account - at this point, the contract for using the Account is concluded between the Administrator and the Designer. In the registration form, it is necessary for the Designer to provide the data indicated as obligatory in the Account registration form. In order to actively and fully use the Designer's Account, it is necessary to fill in the Designer's profile - dedicated tabs and fields and to add at least one product to the profile. Details of the registration process are described in the FAQ section available on the dekoeko.pl website.
The Designer Account allows (depending on the version) access to a management panel containing a number of functionalities, including in particular:
to display Products in the Shop available as part of the Website and to conclude agreements for the sale of Products through the Website with Individual Customers and Business Customers.
taking part in business projects created on the Site by Business Customers, including, for example, booking waste registered on the Site by these Customers.
submission of entries/projects in response to Upcycling Challenges created by Business Customers.
The user is obliged to keep his/her data provided within the Account up-to-date in the event of any changes, including in particular: contact address, bank account number, quantity and availability of products on the profile and product lead time .
The user is obliged to keep the access data to the Account secret from third parties. The user is not entitled to grant access to the Account to other persons, including through the sale, lease or lending of the Account.
The User may only have one Customer Account on the Website at any one time.
The Designer Account is free of charge.
The Electronic Service Customer Account is provided for an indefinite period of time. The User may, at any time and without stating a reason, resign from using the Account by sending an appropriate request to the Administrator, in particular using the option available within the Account or by e-mail to: biuro@dekoeko.com. The deletion of the Account is not tantamount to the termination of the subscription to the Account in the paid version.
The use of a Business Customer's Account is possible after the User has completed a total of four consecutive steps - (1) going to the "Register" tab; (2) choosing the type of Account; (3) filling in the interactive registration form; and (4) clicking on the "Register" field and after the Business Customer's Account has been approved by the Administrator - at this point, the contract for the use of the Account is concluded between the Administrator and the Business Customer. In the registration form, it is necessary for the Designer to provide the data indicated as obligatory in the Account registration form. The registration process is described in detail in the FAQ section available on the dekoeko.pl website.
The Business Customer Account provides access to a management panel containing (depending on the version described in section 6.6) a number of functionalities, including in particular:
registering waste and used items for upcycling thanks to the account function - My Waste;
commissioning the design and ordering of a batch of corporate gadgets or other Utility Products produced by the Designers collaborating with the Administrator, including from waste materials provided by the Business Customer;
ordering of Product prototypes thanks to the "Order Prototype" function.
Order a wholesale quote for Products using the "Request a wholesale quote" function.
quickly find and order upcycled products thanks to the Smart Matching search engine;
to display selected Products in a dedicated Shop available as part of the Website and to conclude, through the Website, contracts for the sale of Products with Individual Customers and corporate customers - as part of the Shop in Shop functionality.
The Business Customer is obliged to keep his/her data provided within the Account up-to-date if it changes.
The Business Customer is obliged to keep the access data to the Account confidential from third parties, including in particular persons who are not employees of the Business Customer. The Business Customer is not entitled to grant access to the Account to other persons, including through the sale, lease or lending of the Account, with the exception of persons from the same organisation (at their own risk).
A Business Customer may only have one Business Customer Account on the Website at any one time.
The Business Customer Account is free of charge.
Contracts concluded using the Business Customer Account are generally chargeable, unless otherwise indicated in the content of the respective contract.
The Business Customer Account Electronic Service is provided for an indefinite period of time. The User shall have the possibility, at any time and without stating any reason, to cancel the use of the Account by sending an appropriate request to the Administrator, in particular via the option available within the Account or via e-mail to: biuro@dekoeko.com. The deletion of the Account is not tantamount to the termination of the Basic or Premium Account subscription.
The use of the Individual Customer's Account is possible after the User has completed a total of four consecutive steps - (1) navigating to the "Register" tab; (2) selecting the type of Account; (3) completing the interactive registration form; and (4) clicking on the "Register" field - at this point, the contract for the use of the Account is concluded between the Administrator and the Individual Customer. In the registration form it is necessary for the User to provide the information indicated in the Individual Customer Account registration form as mandatory.
The Individual Customer is obliged to keep his/her data provided within the Account up to date if it changes.
The Individual Customer is obliged to keep the access data to the Account secret from third parties. The Individual Customer is not entitled to grant access to the Account to other persons, including through the sale, lease or lending of the Account.
The Individual Customer may only have one Individual Customer Account on the Website at any one time.
The Individual Client Account is free of charge.
The Electronic Service Individual Customer Account is provided for an indefinite period of time. The User has the possibility, at any time and without stating any reason, to cancel the use of the Account by sending an appropriate request to the Administrator, in particular via e-mail to: biuro@dekoeko.com.
Use of the Newsletter is made by providing in the "Newsletter" section visible on the Website the e-mail address to which subsequent editions of the Newsletter are to be sent, and then clicking on the "Submit" field.
The Newsletter Electronic Service shall be provided free of charge and for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to: biuro@dekoeko.com. Unsubscribing from the Newsletter shall take place after the lapse of 7 days from the date of receipt by the Service Provider of the Customer's resignation, and in the event that the Customer uses the unsubscribe link included in the Newsletter email received, unsubscribing shall take place with immediate effect.
The online service allows for booking by Designers of waste previously registered by Business Customers.
The Business Customer can register waste for booking by completing the passage of all the steps indicated on the waste registration form and providing the waste information indicated as mandatory.
The designer can book the waste registered in this way using the Designer Account functionality.
The waste transfer contract is automatically concluded between the Designer and the Business Customer through the booking of waste by the Designer. If the Business Customer has registered the waste as payable, the Designer is obliged to pay the price of the waste and the delivery price, if any, immediately. The Business Customer is obliged to release or deliver the waste (when so agreed) not earlier than after the above amount has been credited to the Business Customer's bank or settlement account. DekoEko enables the conclusion of the contract through the functionalities of the Website, but is not a party to and does not own the waste that is the subject of the contract.
The Website allows the Business Customer to create a Challenge/Competition to design a Product made from waste previously registered by the Business Customer.
A Business Customer may create a competition ("Challenge") by completing the following four steps: (1) logging in to the Business Customer's Account, (2) going to the "challenges/create a new challenge " tab, (3) filling in the competition form and (4) clicking the "Publish challenge" box. In the waste registration form, it is necessary to provide information about the waste data indicated as mandatory.
The Designer may submit his/her own Product design to the Administrator for the waste registered as described above using the functionalities available to Users with a Designer Account. The Administrator presents the proposal to the Business Customer.
The Business Customer selects the design most suitable to him/her from the submitted designs and reports this selection to the Administrator. The Business Customer enters into a contract with the Administrator for the creation of a Product based on the winning design. Settlements under the above contract are made between the Business Customer and the Administrator. The Administrator concludes a parallel contract for the creation of a Product based on the winning design with the Designer who is the author of the winning design. Settlements under the above contract are made between the Designer and the Administrator. The date of completion of the Product, method of payment and method of delivery/collection by the Administrator are determined each time by the Business Customer and the Administrator and the Designer and the Administrator.
The Website allows the Business Customer to create a request for a wholesale quote for a Product.
A Business Customer can create a request for a wholesale quote for a Product by completing the following five steps: (1) logging into the Business Customer Account, (2) using the Smart Matching search engine or navigating to the Store and finding the Product of interest (3) clicking the "Request a Wholesale Quote" button, (4) completing the quote request form and (5) clicking the "Send Request to Designer" box. In the quotation request registration form, it is necessary to provide the Product information indicated as mandatory.
The Administrator forwards the request for a wholesale quotation to the Designer. The Designer may send a wholesale quotation for the Product in response to the above request, using the functionality of the Website.
If the Business Customer accepts the above quotation, the Administrator enters into a contract with the Designer for the sale of the Product in the agreed wholesale quantity. Settlements under the above contract are made between the Business Customer and the Administrator and separately between the Designer and the Administrator. The Administrator concludes a parallel contract for the sale of the Product in the agreed wholesale quantity with the Designer. The completion date of the Product, the method of payment and the method of delivery/collection by the Administrator are indicated each time by the Designer in the offer and agreed upon before the conclusion of sales contracts.
The Website allows the Business Customer to order a prototype Product made from waste previously registered by the Business Customer.
A Business Customer can create a request for a prototype Product by following the following five steps: (1) logging into the Business Customer's Account, (2) navigating to the Shop and finding the Product of interest (3) clicking the "Request Prototype" button, (4) completing the quote request form, and (5) clicking the "Send Request to Designer" field In the quote request registration form, it is necessary to provide the Product information indicated as mandatory.
The Administrator forwards the request for a Product prototype to the Designer. The Designer may send the Business Client a proposal for a prototype Product using the functionalities available to Users with a Designer Account.
If the Business Customer accepts the above quotation, the Administrator enters into a contract with the Designer for the sale of the prototype Product. Settlements under the above contract are made between the Business Customer and the Administrator and separately between the Designer and the Administrator. The Administrator concludes a parallel Product prototype sales contract with the Business Customer. The date of completion of the prototype, the method of payment and the method of delivery/collection by the Administrator are indicated each time by the Designer in the offer and agreed upon before the conclusion of sales contracts.
A Business Customer, for whom the Administrator has created a dedicated shop within the Website, the so-called "Shop in Shop" (according to point 6.2.d), as well as each Designer, have the possibility, as a Seller, to make an offer of sale of a Product, which will then be visible on the Website to all visitors of the Website. Issuing an offer for a Product is possible by using a form through the Designer's Account or the Business Customer's Account. Depending on the type of Product, it is required to provide the data indicated in the form as mandatory and optionally other data that can be provided in the form and click on the action field - at that moment, the Product offer is issued on the Website.
The offer for sale should contain the information required by law, in particular it should specify:
main product features;
the price of the Product including taxes and, if any, transport, delivery, postal and other charges and, where these charges cannot be ascertained, the obligation to pay them;
information required by generally applicable law, in particular the Consumer Rights Act, if such information is not contained in these Terms of Service.
An offer to sell a Product on the Website is binding on the Seller who has made it, with the proviso that the Seller may withdraw or amend it until it is accepted by the Buyer and a contract for the sale of the Product is concluded.
The Seller is obliged not to place within the Product offer and offers prepared for Business Customers (including through images) unlawful content, contact data enabling contact with the Seller prior to purchase outside the Website and content of advertising, announcements or commercial information encouraging the use of services or entities competitive to the Website and own offer available outside the Website, including website addresses, names and logos of online shops or auction services.
The Administrator is entitled to a commission on each sales agreement concluded in the Shop in the amount of the percentage of the price specified by the Seller when the Design is displayed, which the Administrator adds to each such price. The price visible to the Buyer on the Website takes the above commission into account.
The Administrator does not guarantee the Seller's interest in his/her Product offers. The Administrator does not make any express or implied assurances that the Website will prove useful in attracting new customers by the Seller and making sales.
The seller displaying the Product is obliged to provide factually correct, clear, comprehensible, reliable and not misleading information on the subject and conditions of the offer to sell the Product. The designer is obliged to keep the availability of his offer, price lists, number of available pieces up to date and takes responsibility for the above. The listing of a Product for sale should reflect the Seller's actual intention to sell it. The Product offer, its subject and description should be in accordance with the law and good manners, particularly taking into account respect for personal rights and copyrights and intellectual property of the Admin, other Users and third parties.
The display of the Product offer (including its subject matter and description) by the Seller may not violate the provisions of the generally applicable law, good morals, rules of social coexistence and the rights of third parties.
The Seller, for whom the use of the Website, including the conclusion of sales contracts, is connected with his business activity, is obliged to respect the rights of consumers and persons to whom certain consumer rights apply, in particular those concerning the fulfilment of information obligations, the right to withdraw from the contract without stating a reason and complaints.
The conclusion of a sales contract between the Seller and the Buyer via the Website is as follows: the Buyer places an order (accepts the sales offer) using the order form available on the Website under the "Shop" tab - the order is placed when the Buyer clicks the "Confirm purchase" box on the order form - at this point, the Product sales contract between the Seller and the Buyer is concluded.
Confirmation of the conclusion of the contract of sale takes place by placing information on the Website, in the appropriate tab of the Account of the User who is the Buyer and, in addition, confirmation is sent by e-mail to the address provided by the Buyer. In the above manner, the content of the concluded sales agreement is also recorded, secured and made available.
When the sales contract is concluded, the Seller automatically receives the Buyer's data provided by the Buyer as part of the order form.
Upon conclusion of the contract, the Seller is primarily obliged to deliver the Product and the Buyer is obliged to pay the agreed price. DekoEko enables the conclusion of the sales contract and its payment through the functionalities of the Website and collects the commission, indicated in the Price List, and then mediates the payment to the Designer.
The Buyer has the option of placing a single order using the order form for Products issued by more than one Seller, in which case the Buyer shall conclude separate sales contracts with the selected Sellers.
The Administrator may, at the request of the Business Customer, generate E-coupons with which holders of these vouchers may pay for purchases in the Shop. E-vouchers may have an indicated nominal value or be in the form of a discount (allowing the purchase of a Product at a price reduced by a specified percentage).
The Business Customer and the Administrator make arrangements in each case as to the number of E-Coupons, their value and the method and date of payment. Having received E-Coupons, the Business Customer may make them available to any person for the purpose of paying with E-Coupons for Products in the Store.
In order to use the E-Coupon, the E-Coupon code must be entered correctly in the appropriate field on the order form when concluding the contract of sale of the Product in the Store. After saving the order, the value of the Product sales contract will be reduced by the value of the E-coupon. The administrator returns to the Seller, on whose Product the given E-coupon was used, the value by which the price of the Product was reduced as a result of using the E-coupon.
If the value of the order exceeds the value of the E-coupon, the Buyer is obliged to pay the difference.
The e-coupon is not redeemable for cash.
The Administrator provides Users with the following methods of payment for paid functionalities of the Service and for agreements concluded in the Service both with the Administrator and directly between Users:
Payment by bank transfer to a bank account.
Electronic payments and payment card payments.
The User may cancel a subscription at any time before the end of a given subscription period. The subscription period is one month counted from the day on which the Administrator activates the paid version of the Account at the User's request. Posting payment for a given subscription period is the condition of the User's access to a given version of the Account during this subscription period.
In the case of a contract of sale of a Product concluded through the Shop, the Buyer is obliged to make payment within a maximum of 1 calendar day from the date of placing the order. In the case of payment for a paid version of the Account, the User is obliged to make payment for the first subscription period immediately, and for each subsequent subscription period, by the date of commencement of that period. In the case of other contracts, the payment term shall be agreed individually by the parties.
The basis and scope of the Seller's liability towards the Buyer under the contract of sale of the Product in the Shop are defined by generally applicable laws, in particular the Civil Code. Complaints related to the contract of sale of the Product, the Buyer should submit directly to the given Seller, using the contact details and guidelines provided in the received confirmation of the conclusion of the sales contract .
rights and obligations of a Buyer who is a consumer in relation to a Seller concerning the exercise
of the right to withdraw from a sales contractare set outingenerally applicable laws,
in particular in the Act on Consumer Rights and in point 18 of these Regulations.
A seller selling as a trader is obliged to comply with the applicable regulations aimed at protecting the rights of consumers and their right to complain and withdraw from a contract concluded at a distance under the terms of the Consumer Rights Act.
Complaints relating to the operation of the Website, contracts concluded with the Administrator and Electronic Services may be lodged by the User, for example, by e-mail (e-mail address: biuro@dekoeko.com).
The Administrator recommends providing in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the User's claim; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
The administrator shall respond to the complaint immediately, but no later than within 14 calendar days of its submission.
A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 18.8 of the Regulations. Sending the declaration before the deadline is sufficient to meet the deadline. A declaration of withdrawal from a contract concluded with the Administrator may be submitted, for example, by e-mail to: designers@dekoeko.com. A consumer's declaration of withdrawal from a contract concluded with the Seller should be submitted directly to the relevant Seller using the contact details provided in the received confirmation of conclusion of the sales contract.
A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in point. 27 of the Regulations. The consumer may use the sample form, but it is not obligatory.
The period for withdrawal shall begin:
for a contract in the performance of which a trader delivers a Product under an obligation to transfer its ownership (e.g. a sales contract) - from the taking possession of the Product by the consumer or a third party designated by the consumer other than the carrier and in the case of a contract which: (1) includes a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) consists in the regular delivery of Products for a fixed period - from the taking possession of the first Product;
for other contracts, from the date of conclusion of the contract.
In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
The trader is obliged to reimburse all payments made by the consumer, including the costs of delivery (with the exception of the additional costs resulting from the delivery method chosen by the consumer other than the cheapest available delivery method), to the consumer immediately, no later than 14 calendar days from the date of receipt of the consumer's statement of withdrawal. The trader shall refund the payment using the same means of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. If the trader has not offered to collect the Product from the consumer himself, the trader may withhold reimbursement of the payment received from the consumer until he has received the Product back or the consumer has provided evidence of its return, whichever event occurs first.
The consumer must return the Product to the trader or hand it over to a person authorised by the trader to receive it without delay, no later than 14 calendar days from the date on which he or she has withdrawn from the contract, unless the trader has offered to collect the Product himself or herself. It is sufficient to send back the Product before the deadline. The Consumer may return the Product to the Seller using the contact details provided in the received confirmation of the conclusion of the sales contract.
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.
Possible costs associated with a consumer's withdrawal that the consumer is obliged to bear:
If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
The consumer shall bear the direct costs of returning the Product.
In the case of a service where performance has begun - at the express request of the consumer - before the end of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request shall be liable to pay for the performance provided until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
The consumer has no right of withdrawal from a distance contract, in particular with regard to contracts: (1) for the provision of services where the trader has performed the service in full with the express consent of the consumer, who has been informed prior to the performance of the service that he will lose his right of withdrawal after the trader has performed the service; (2) where the subject of the service is a Product which is not prefabricated, produced to the consumer's specification or intended to meet his individual needs; (3) where the subject of the service are Products which, after delivery, by their nature, are inseparably combined with other things.
The provisions contained in this Section 18 of the Terms and Conditions concerning the consumer shall apply as of 1 January 2021 and for contracts concluded as of that date also to a natural person concluding a contract directly related to his/her business activity, when it is evident from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
Detailed information on the possibility for the User who is a consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's or the Administrator's place of business); and (3) assistance from a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Business Days, from 8:00 am to 6:00 pm, call charge as per operator's tariff).
A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
These Terms and Conditions and all the provisions contained herein are addressed to and thus binding only upon the User who is neither a consumer nor a trader in the capacity of a consumer.
An entrepreneur on the rights of a consumer, as referred to in the aforementioned point, is a natural person using the Website for purposes directly related to his/her business activity, however not of a professional nature for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
In the case of violation by the User of the prohibition set out in sec. 13.4 of the Rules and Regulations, the Administrator is entitled to block and delete the Account of that User.
The Administrator shall be entitled at any time to take action to verify the truthfulness, reliability and accuracy of the information provided by the User. In the scope of verification the Administrator shall be entitled, among other things, to demand from the User to send scans of certificates, attestations or other documents necessary for the verification. During the verification referred to in the previous sentence, the Administrator shall be entitled to suspend the User's Account for the duration of the verification.
The Administrator has the right to withdraw from the contract for the provision of Electronic Services concluded
with the User within 14 calendar days from the date of its conclusion
The Administrator shall not be held liable to the User for any damage or non-fulfilment of obligations arising from any errors and technical failures or interruptions in the operation of the service.
The Administrator shall not be liable to the User for damages and non-fulfilment of obligations resulting from force majeure events (e.g. hacking, natural disasters, epidemics, riots, wars) or any other causes beyond the Administrator's control.
The Administrator's liability towards the User, regardless of its legal basis, shall be limited - both for a single claim and for all claims in total - to the amount of fees paid by such User to the Administrator for using Electronic Services, and in the case of lack thereof - to the amount of one thousand PLN. The limitation of the amount referred to in the preceding sentence shall apply to all claims by the User against the Administrator. The Administrator shall be liable towards the User only for typical damage foreseeable at the time of concluding the agreement and shall not be liable for lost profits.
Any disputes arising between the Administrator and the User shall be submitted to the court having jurisdiction over the Administrator's registered office.
The User may terminate the use of the Website or individual Electronic Services in accordance with the terms of use set out in the Terms of Use, in particular the User may, at any time and without giving reasons, terminate the use of the Account on the Website, or the use of other functionalities of the Website, including, but not limited to, by email to: biuro@dekoeko.com.
The Administrator reserves the right to limit, suspend and ultimately also terminate the provision of its Electronic Services to the User in question, including in relation to individual Products offered by that User on the Website, only if and to the extent necessary, subject to the following conditions:
The grounds for restriction, suspension and, ultimately, termination of the provision of its Electronic Services to the User concerned are:
non-payment by the User of due amounts owed to the Administrator;
the User's provision of incomplete (in the case of required data) or false contact details (e.g. name, company, address) within the Service,
display of an offer for a Product (including its subject matter and description) by a Seller in breach of generally applicable law, decency, rules of social coexistence or the rights of third parties.
the issuing of a Product offer by the Seller in violation of the terms and conditions for the issuing of Products indicated in the Terms and Conditions;
sending spam messages to other Service Recipients,
placing orders for purposes other than the conclusion and performance of a sales contract;
legal or regulatory obligation, on the basis of which the Administrator is obliged to terminate the provision of all its Electronic Services to the User concerned;
the exercise by the Service Provider of its right to terminate the services for an overriding reason under national law compatible with Union law;
repeated infringement of the Terms and Conditions by the User;
Restriction of Electronic Services consists of a temporary restriction of the User's access to certain functionalities of particular Electronic Services - including in particular the Account.
Suspension of Electronic Services consists of temporary disabling of the User's access to particular Electronic Services - including in particular the Account. During the suspension of the Account, it shall not be possible to issue new sales offers of Products, place orders or conclude sales agreements. Suspension of the Account may also result in the withdrawal of all sales offers of Products issued through it, provided that it does not affect the already concluded sales agreements which the Seller is obliged to perform - unless the Buyer exercises his right to withdraw from the agreement.
During a restriction or suspension of Electronic Services, the User is obliged to take action to remove the reasons for the grounds for the restriction or suspension and, once removed, is obliged to inform the Service Provider without delay.
The restriction or suspension of Electronic Services shall last until the reason giving rise to its application ceases to exist. In such a case, the Administrator shall withdraw the imposed restriction or suspension without undue delay. Restrictions or suspensions may be withdrawn also in the case of confirmation of removal of reasons being the basis for their application by the User, immediately after receiving such confirmation from the User. In such a case, the Administrator shall revoke the restrictions or suspension imposed in whole or in part without undue delay. If part of the restrictions or suspension has not been withdrawn and the reasons for their application have subsequently ceased to exist, the Administrator shall in such case revoke the remaining restrictions or suspension in full without undue delay.
The Administrator shall decide how and to what extent to restrict, suspend or terminate the provision of Electronic Services to the User concerned. The Administrator shall make the decision in a manner that is reasonable, necessary and proportionate to the nature and extent of the occurrence of the grounds for a particular decision and its consequences for the User concerned. Before making a decision, the Administrator shall, as far as possible, call the User to cease the infringement, and only if the call proves to be ineffective or impossible, may the Administrator make an appropriate decision. The Administrator is first obliged to take a decision on restriction, and then only on suspension of the provision of Electronic Services, if the restriction itself proves to be insufficient. Termination of the provision of Electronic Services shall be treated as a final solution and may only be based on the grounds indicated in para. 22) para. 2 sub-paragraph a. points vii-ix of the Regulations.
In the event of a decision to limit or suspend the provision of Electronic Services to a given User, the Administrator shall communicate to that User - before or at the moment at which the limitation or suspension takes effect - a justification of that decision on a durable medium;
Where the Administrator decides to terminate the provision of all its Electronic Services to a given User, it shall provide that User, at least 30 days before the date on which the termination of the services takes effect, with a justification of that decision on a durable medium. The notification period referred to in the preceding sentence shall not apply in the event that the Administrator:
is subject to a legal or regulatory obligation under which it is obliged to terminate the provision of its Electronic Services in their entirety to the User concerned in such a way that it is unable to comply with that notification period; or
exercise the right to terminate services for an overriding reason under national law compatible with Union law;
may demonstrate that the User in question has repeatedly infringed the Terms and Conditions, resulting in termination of the entire Electronic Services concerned.
In cases where the notification period does not apply, the Administrator shall provide the User concerned, without undue delay, with the reasons for that decision on a durable medium.
The justification for the Administrator's decision to restrict, suspend or terminate the provision of Electronic Services must include a reference to the specific facts or circumstances - including the content of notifications received from third parties - that led to the Service Provider's decision in question, as well as a reference to the applicable basis for that decision as referred to in this section of the Terms and Conditions. The Administrator does not have to provide a statement of reasons where the Administrator is subject to a legal or regulatory obligation not to provide specific facts or circumstances or a reference to the applicable basis or bases, or where the Administrator can demonstrate that the User concerned has repeatedly breached the Terms and Conditions, resulting in the termination of the entire Electronic Services concerned.
In the event of restriction, suspension or termination of the Electronic Services, the Administrator shall provide the User with an opportunity to clarify the facts and circumstances within the internal complaint procedure referred to in point. 18 of the Regulations. In the event of revocation of a restriction, suspension or termination of services by the Service Provider, the Service Provider shall, without undue delay, restore the User, including by providing the User with access to the personal data or other data that resulted from the User's use of the Electronic Services in question before the restriction, suspension or termination in question took effect.
The administrator reserves the right to request the Seller to change or remove any content posted by the Seller within the Website, including within the framework of the offer of the displayed Product, if it violates these Terms of Service, together with the reason, and in the case of an unsuccessful request to remove such content, which shall not affect orders already placed and sales agreements concluded concerning such content.
Restriction, suspension and termination of access to the User's Electronic Services shall not affect sales contracts already concluded, performed or executed by the Buyer and the Seller.
The termination of access to the User's Electronic Services shall be without prejudice to the storage of the User's data for the period of time necessary for the fulfilment of the other processing purposes in accordance with the Website's privacy policy.
The Administrator and the User, when using the Service, may access the following categories of personal data or other data which the User provides for the purpose of using the Service or which is generated as a result of the use of the Service:
Users who do not conclude contracts via the Website: the data of the respective User posted by him/her on the Website and the data generally available on the Website during browsing, such as the basic data of the Sellers (name) contained in the descriptions of the individual Product offers on the Website;
Users concluding contracts via the Website (including, for example, contracts for the sale of Products): the same data as for Users who do not conclude contracts via the Website, in addition to the data relating to the contract being concluded and, if it is concluded with another User, the data of that User.
Administrator: has access to all data of all Users on the Website, in accordance with the rules indicated in this section of the Terms of Service. The Administrator shall store this data for the purposes and for the period determined in accordance with the Service's privacy policy.
The Administrator makes every effort to ensure correct and uninterrupted operation of the Internet Service. However, due to the complexity and degree of complexity of the Service and also due to external factors beyond the Administrator's control (e.g. DDOS attacks - distributed denial of service) it is possible that errors and technical failures will occur, preventing or limiting in any way the functioning of the Service. In such a case, the Administrator will take all possible and reasonable actions aimed at ensuring that the negative effects of such events are limited to the greatest possible extent.
The Administrator is obliged to inform the Users immediately of any errors and technical failures referred to above and of the expected date of their rectification.
In addition to interruptions due to errors and technical failures, other technical interruptions may occur, during which the Administrator takes measures to develop the Website and to protect it from errors and technical failures.
The Administrator plans technical breaks in such a way that they are the least onerous for the Users, in particular that they are planned for the night hours and only for the time necessary for the Administrator to perform the necessary actions. The Administrator shall inform the Users of planned technical breaks well in advance, also stating the duration of the planned break.
The Administrator shall not be liable to the User for any damage and failure to fulfil obligations resulting from any errors and technical failures and interruptions referred to in this paragraph of the Terms of Use.
However, this section of the Terms and Conditions does not exclude or limit the rights of the User who is a consumer or a businessman under mandatory provisions of law, in particular with regard to the Administrator's liability.
Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available as part of the Website, belong to the Administrator or other authorised third parties whose licences the Administrator holds and are protected by the Act of 4 February 1994 on copyright and related rights (Journal of Laws No. 24, item 83, as amended) and other generally applicable laws. The protection granted to the Website covers all forms of their expression.
The Website is to be treated like any other work subject to copyright protection. The user is not entitled to copy the Website except as permitted by mandatory law. The user also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Website, except as permitted by mandatory legislation.
The trademarks of the Administrator and of third parties should be used in accordance with the applicable laws.
When uploading or submitting photos and descriptions of Products to the Website, the User must hold all the necessary rights and permissions to upload such content and data to the Website, in particular copyrights or the required licences, permissions and consents to use, distribute, share, publish, etc., in particular the right to publish and distribute on the Internet, an online system.
As soon as the User uploads photos and descriptions of Products within the Site, for which this User is entitled to copyrights or other legally required permissions, a gratuitous, non-exclusive, transferable and assignable licence is granted to the Service Provider for the use of the received content, including the right to use the author's economic rights, without restrictions as to territory and time (but not less than for the duration of the contract for the use of the User's Account), in the following fields of exploitation: (1) permanent or temporary dissemination, display, reproduction and storage of such content by digital technique, including via computer, mobile devices and the Internet, to the extent of the proper provision of Electronic Services to all Users of the Website and the possibility of promoting and advertising the Website via the Service Provider's profiles and discussion groups, pages and fanpages linked to the Website in social media; (2) permanent or temporary reproduction of such content, in whole or in part, by means of digital technology, to the extent that reproduction is necessary for distribution, display, reproduction and storage for the aforementioned purposes and scope; (3) making such content available to the public via the Website and Service Provider's profiles, discussion groups, pages and fanpages linked to the Website in social media in such a way that everyone can access it at a time and place of their own choosing. Furthermore, the User agrees not to exercise in relation to the Service Provider his/her personal copyrights on the aforementioned content and allows the Service Provider to modify and alter it and to further disseminate it to the extent indicated without identifying the authorship (name, company, login) of the User.
Amendments to the Rules of Procedure:
The Administrator reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law directly affecting the content of these Terms and Conditions; to be subject to legal or regulatory obligations, changes in the scope of payment, changes in the scope or form of the Electronic Services provided; to add new Electronic Services; changes in the payment methods; and to counteract unforeseen and direct threats related to the protection of the Website, including the Electronic Services and Users from fraud, malware, spam, data breaches or other cyber security threats - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
The period of notice of the proposed changes prior to their implementation shall be at least 15 days from the date of notification, subject to clause 27(2)(d). Regulations. The User concerned shall have the right to terminate the contract with the Administrator before the expiry of the notification period. Such termination shall take effect within 15 days of receipt of the notice.
The amended Terms and Conditions shall be binding for the User if the requirements of Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the User has been duly notified of the changes in accordance with the notification period prior to their implementation and has not terminated the contract during this period. In addition, at any time after receipt of the notification of the changes, the User concerned may, by means of a written declaration or an express affirmative action, accept the changes and thereby waive the continuation of the notification period.
In the case of consumers, and as of 1 January 2021 and for contracts concluded as of that date, also in the case of natural persons who conclude a contract with the Administrator directly related to their business activity, where it is apparent from the content of that contract that it does not have a professional character for that person, arising in particular from the subject matter of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity:
In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the User, who is a consumer or an individual as indicated above, shall have the right to withdraw from the contract.
The amendments to the Rules of Procedure shall not in any way affect the acquired rights of the User or the natural person indicated above prior to the effective date of the amendments to the Rules of Procedure, in particular the amendments to the Rules of Procedure shall not affect orders already placed or placed and sales contracts already concluded, executed or performed.
The Administrator may amend the Rules and Regulations without observing the 15-day notice period referred to in this para. 27(2) of the Regulations, in the event that the Administrator:
is subject to a legal or regulatory obligation under which it is required to amend the Regulations in a way that prevents it from complying with the 15-day notification period,
must exceptionally amend its Terms and Conditions to address unforeseen and imminent risks related to the protection of the Website, including the Electronic Services and Users from fraud, malware, spam, data breaches or other cyber security threats.
In the cases referred to in para. 27.2 letter d. Regulations, the introduction of changes shall take place with immediate effect, unless it is possible or necessary to apply a longer period for the introduction of changes, which shall be notified by the Administrator in each case.
In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on provision of services by electronic means of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); Act on Consumer Rights and other relevant provisions of commonly applicable law.
These Terms and Conditions do not exclude provisions in force in the country of the consumer's habitual residence that cannot be excluded by contract. The administrator shall in such a case guarantee the consumer the protection afforded to him/her on the basis of provisions that cannot be derogated from by contract.
Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)
- Addressee:
SELLER'S / ADMINISTRATOR'S DATA
- I/We(*) hereby give notice(*) of my/our withdrawal from the contract of sale of the following goods(*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/the contract for the provision of the following service(*)
- Date of conclusion of contract(*)/receipt(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
- Date
(*) Delete as appropriate.
Thank you for your attentive reading!
If you have any questions, we are always at your disposal - please contact us using the details shown at the outset.
We look forward to working with you,
DEKO EKO Team
Service |
Price |
DESIGNER ACCOUNT |
free |
BUSINESS CUSTOMER ACCOUNT |
free |
Commission on each sales contract between the Individual Client (Buyer) and the Designer (Seller) concluded in the Shop |
10% |