TERMS & CONDITIONS

 § I INTRODUCTORY PROVISIONS

  1. Draus online store, available at www.draus.co, is run by Weronika Draus, leading a business under the company Weronika Draus, entered into the CEIDG by the Minister of Economy (ul. Nowy Świat 54/56 m.1, 00-363 Warsaw, Poland NIP 5252804108), e-mail: draus@draus.co (“Seller”).
  2. These regulations are addressed to Consumers and it specifies the rules and procedures for concluding a Distance Sales Agreement with the Consumer through the Store.

 

§ II DEFINITIONS

  1. Seller - a natural person running a business under the company Weronika Draus entered into the CEIDG by the Minister of Economy (ul. Nowy Świat 54/56 m.1, 00-363 Warsaw NIP 5252804108).
  2. Client - natural persons with full legal capacity, as well as legal persons and organization units not having legal personality but equipped with legal capacity. On behalf of legal persons and organization units, all activities related to the use of the Store's services may only be performed by persons authorized to represent these entities.
  3. Store - an online store run by the Seller at the internet address www.draus.co.
  4. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  5. Regulations - these Regulations of the Store.
  6. Order - the Customer's declaration of intent made using the Order Form and aiming directly at the conclusion of the Sales Agreement of the Product or Products with the Seller.
  7. Account - the customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
  8. Registration form - a form available in the Store that allows you to create an Account.
  9. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  10. Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  11. Product - a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  12. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.

 

§ III CONTACT WITH THE STORE

  1. Seller's address: ul. Nowy Świat 54/56 m.1, 00-363 Warsaw, Poland.
  2. Seller's e-mail address: draus@draus.co.
  3. Seller's bank account number: 76 1090 2590 0000 0001 4378 6385 IBAN number: PL76 1090 2590 0000 0001 4378 6385 SWIFT: WBKPPLPP

 

§ IV TECHNICAL REQUIREMENTS

To use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary to use an ICT system with at least access to an internet connection and a web browser, with Javascript enabled, accepting cookies and an active e-mail account.

 

§ V GENERAL INFORMATIONS

  1. The Seller, to the fullest extent permitted by law, is not liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § VI of Terms and Conditions or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
  3. The prices given in the Store are given in euros and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing the Order.

 

§ VI CREATING AN ACCOUNT IN THE STORE

  1. To set up an Account in the Store, please complete the Registration Form. The following details must be provided:
  • name or company name
  • address of residence or registered office
  • delivery address (if different from the address of residence or registered office)
  • NIP (for persons making purchases for the purposes of conducting business activity)
  • landline or mobile phone number
  • e-mail address
  • password
  1. Creating an Account in the Store is free.
  2. Creating such an account allows a registered customer to place orders without having to fill out the order form each time, tracking the status of orders placed and allows viewing the history of purchases made.
  3. Logging into the Account is done by entering the login and password set in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, via e-mail or in writing to the addresses provided in § III of the Regulations.

 

§ VII ORDERS

  1. To place an Order:
  • Select the product that is the subject of the Order and then click “Add to Cart” (or equivalent);
  • Log in or use the option of ordering without registration;
  • If the option of placing an Order without registration has been selected - complete the Order Form by entering the recipient's details of the Order and the address to which the Product is to be delivered, select the method of delivery, enter invoice data, if different from the recipient's details;
  • Click 'Order and pay';
  • Choose one of the available payment methods and pay for the Order;
  • Placing an Order on behalf of a legal person or an organizational unit without legal personality is tantamount to submitting a statement that the person placing the order is authorized to represent the entity on whose behalf the order was placed;
  • Placing an order without proper authorization will result in the person placing the order being liable for any damages resulting from this fact;

 

§ VIII SALES AGREEMENT

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § VII of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by the Seller an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement about the receipt of the Order and its acceptance for implementation. Upon the receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  3. The product will be sent by the Seller within the time specified in § IX.
  4. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer in § IX of the Regulations and when placing the Order.
  5. Sending an incorrectly completed form will not be considered as placing an order by the customer.
  6. In the event of ambiguities regarding the forms sent regarding the correctness of the completion of the form by the Customer (in particular with regard to the Customer's data), the Store will contact the Customer to clarify them. In the absence of explanations from the Customer, the Store may refuse to confirm and process the order, of which the Store is obliged to immediately notify the Customer.

 

§ IX PAYMENT AND DELIVERY

  1. The Customer placing an Order in the store has the option of paying by credit/debit card through Stripe Inc. based under the service 510 Townsend Street San Francisco, CA 94103 United States.
  2. The goods are delivered by means of a carrier or courier.
  3. The delivery cost for carrier assistance is EUR 4 in Poland or EUR 10 in other EU countries.
  4. The Store always informs about the delivery cost when the Customer is placing an order.
  5. The cost of delivery is an additional cost to the prices of the goods and is added to it.
  6. The products can be delivered in Poland and to other European countries.

§ X TERMINATION OF THE SALES AGREEMENT

  1. The Consumer had the right to withdraw from the Sales Agreement within 14 calendar days without giving any reason.
  2. The time limit specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person designated by him.
  3. The Consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
  4. In the event of withdrawal from the contract, the Customer undertakes to cover the delivery costs, which include delivery to the Customer and return delivery to the Store.
  5. The statement must be sent electronically by sending the statement to the Seller's e-mail address. The declaration may also be submitted on the form, a template of which is § XIV of these Regulations and an attachment to the Act of 30 May 2014 on consumer rights, but it is not mandatory.

 

§ XI COMPLAINT AND WARRANTY

  1. The Sale Agreement covers new Products.
  2. The Seller is obliged to provide the Customer with a product free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
  4. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
  5. It is recommended that the complaint include brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  6. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's request was justified.
  7. Goods sent under the complaint procedure should be sent to the address given in § III of these Regulations.

 

§ XII PERSONAL DATA IN THE ONLINE STORE

  1. The administrator of personal data of Customers collected through the Store is the Seller.
  2. The Customer has the right to access their data and correct it.
  3. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
  4. Customers' personal data collected by the administrator via the Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
  5. The recipients of personal data of Online Store customers may be:
  • In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
  • In the case of a Customer who uses the Online Store with an electronic payment method or payment card, the Administrator provides the Customer's collected personal data to the selected entity operating the above payments in the Online Store.

 

§ XIII FINAL PROVISIONS

  1. Agreements concluded through the Online Store are concluded in Polish or English.
  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
  3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

 

WITHDRAWAL FROM THE SALES AGREEMENT TEMPLATE

This form should be completed and returned only if you wish to withdraw from the contract.

To:

DRAUS

Weronika Draus

ul. Nowy Świat 54/56 m.1

00-363 Warsaw, Poland

email: draus@draus.co

 

I / We hereby inform about my / our withdrawal from the contract of sale of the following goods:

  1. Date of conclusion of the Sales Agreement
  2. Name and surname / Name / consumer(s)
  3. Address of consumer(s)
  4. Date