Rules and regulations
These Regulations define the general conditions, rules and method of sale conducted by Patio Dystrybucja Sp. z o.o. Konstantynów Łódzki Branch, via the online store colorino.pl (hereinafter referred to as the "Online Store") and specifies the terms and conditions of providing services by Patio Dystrybucja Sp. z o.o. based in Szczecin free services by electronic means.
§ 1 Definitions
Online Store - the Seller's online store available at the website address www.colorino.pl
Working days - means days of the week from Monday to Friday, excluding public holidays.
Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
Supplier - means the entity with which the Seller cooperates in the delivery of Goods: FedEx Express Poland sp.z o.o. and DPD Polska Sp. z o.o. based in Warsaw
Password - means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
Customer - means an entity for which electronic services may be provided in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.
Consumer - means a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity.
Regulations - means these regulations.
Registration - means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
Seller - means Patio Dystrybucja Sp. z o.o. with headquarters in Szczecin (70-535), ul. Kurza Stopka 5 / CD, NIP: 9552314362, REGON: 321006400, entered into the register of entrepreneurs kept by the District Court for Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register under KRS number 0000388920, with share capital of PLN 453,000; e-mail: firstname.lastname@example.org, which is also the owner of the Online Store.
Store Website - means the websites where the Seller runs the Online Store, operating in the domain of colorino.pl.
Goods - means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Agreement.
Durable medium - means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be restored unchanged.
Sales contract - means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to patterns, forms, logos posted on the Store's Website belong to the Seller, and their use may take place only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
The Seller uses the mechanism of "cookies", which are saved by the Seller's server on the hard drive of the Customer's end device when the Customers use the Store's Website. The use of "cookies" is aimed at the correct operation of the Store Website on the Customers' end devices. This mechanism does not destroy the Customer's end device and does not change the configuration of the Customer's end devices or the software installed on these devices. Each customer may disable the "cookies" mechanism in the web browser of his end device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store's Website.
In order to place an order in the Online Store via the Store's Website and in order to use the services provided electronically via the Store's Website, it is necessary for the Customer to have an active e-mail account.
It is forbidden for the Customer to provide illegal content and use by the Customer of the Online Store, the Store's Website or free services provided by the Seller in a manner that is against the law, decency or infringing the personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would infringe the interests of the Seller.
§ 3 Registration
In order to create a Customer Account, the Customer is obliged to make a free Registration.
Registration is necessary to place an order in the Online Store
In order to register, the Customer should complete the registration form provided by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement for the provision of the Customer Account service by electronic means is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration.
§ 4 Orders
The information contained on the Store's Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
A customer placing an order via the Store's Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the BUY command under the given Goods presented on the Shop Website. After completing the entire order and indicating the method of Delivery and payment method in the "CART", the Customer places the order by sending the order form to the Seller, selecting the "Order with payment obligation" button on the Store's Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
By placing an order, the Customer submits an offer to conclude an Agreement for the sale of the Goods being the subject of the order.
After placing the order, the Seller sends the confirmation of its submission to the e-mail address provided by the Customer.
Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §4 para. 7 above and upon its receipt by the Customer, a Sales Agreement is concluded.
After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a durable medium to the Customer's e-mail address or in writing to the address provided by the Customer during Registration or placing an order.
§ 5 Payments
The prices on the Store's Website placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
The Customer may choose the following forms of payment for the ordered Goods:
bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller's bank account);
transaction via the Dotpay external payment system, operated by Dotpay sp.z o.o. based in Krakow (in this case, the implementation of the order will start after the Seller sends the confirmation of the order acceptance to the Customer and after the Seller receives information from the Dotpay system about the payment by the Customer);
transaction made via the external payment system Przelewy24, operated by PayPro S.A. based in Warsaw (in this case, the implementation of the order will begin after the Seller sends the confirmation of the order acceptance to the Customer and after the Seller receives information from the Przelewy24 system about the payment by the Customer)
The customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 5 Business Days.
In the event of the Customer's failure to pay the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 491 of the Civil Code.
§ 6 Delivery
The Seller carries out the Delivery on the territory of the Republic of Poland.
The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
The Seller publishes information on the number of Working Days needed for the Delivery and execution of the order on the Store's Website.
The date of Delivery and execution of the order indicated on the Store's Website is counted in Working Days in accordance with §5 para. 2 of the Regulations.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
On the day of sending the Goods to the Customer, a message is sent to the Customer's e-mail address along with the shipping number of the package, confirming the shipment by the Seller.
The customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier's employee draws up the appropriate protocol.
The customer cannot collect the ordered goods in person.
The Seller attaches to the shipment being the subject of the Delivery a VAT invoice covering the delivered Goods.
In the absence of the Customer at the address indicated by him, given when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of the Delivery.
§ 7 Warranty
The Seller provides the Delivery of the Goods free from physical and legal defects. The seller is liable to the customer if the product has a physical or legal defect.
If the Product has a defect, the Customer may:
submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect.
demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
The Seller is liable under the warranty if a physical defect is found within two years of the Goods being delivered to the Customer. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested replacement of the Product with a Product free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
Any complaints related to the Goods or the implementation of the Sales Agreement may be sent by the Customer in writing to the Seller's address.
The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Good or the complaint related to the implementation of the Sales Agreement reported by the Customer.
The customer may submit a complaint to the seller in connection with the use of free services provided electronically by the seller. The complaint may be submitted in electronic form using the form available on the Store's Website and sent to the address email@example.com. In the complaint, the customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider the complaint and provide the Customer with a reply.
The seller does not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 8 Renouncement
A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the Sales Agreement starts from the moment the Consumer takes possession of the Goods. The consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller's address, via e-mail to the Seller's address. The declaration may be submitted on a form, the specimen of which was posted by the Seller on the Store's Website at the following address: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
The consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send a statement before its expiry. The Seller shall immediately confirm to the Consumer the receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it is considered void.
If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are returned or until the Customer has provided proof of returning the Goods, whichever occurs first.
If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline.
In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
If, due to its nature, the Goods cannot normally be returned by post, the Seller informs the Consumer about the costs of returning the goods on the Store's Website.
The consumer is liable for a decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer in relation to contracts in which the Goods are delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.
Goods that are a Medicinal Product or a medical product are not returnable, except when the reason for the return is a quality defect, improper release or falsification of the Medicinal Product.
§ 9 Free services
The Seller provides the Customers with electronic services free of charge:
- Contact form;
- Maintaining a Customer Account;
- Posting opinions
2. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a manner appropriate to changing the Regulations.
3. The Contact Form service consists in sending a message to the Seller using the form available on the Store's Website.
4. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
5. The Newsletter service may be used by any Customer who enters his e-mail address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer shall immediately receive confirmation by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
6. The Newsletter service consists in sending by the Seller to the e-mail address an electronic message containing information about new products or services in the Seller's offer. The newsletter is sent by the Seller to all customers who have subscribed.
7. Each Newsletter addressed to given Customers contains, in particular: information about the sender, a completed "subject" field, specifying the content of the shipment and information about the possibility and method of resignation from the free Newsletter service.
8. The Customer may at any time unsubscribe from the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
9. The Customer Account Management service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store's Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed.
10. The Customer who has registered may submit a request to delete the Seller's Customer Account, but in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request.
11. The service of Posting opinions consists in enabling by the Seller, Customers who have a Customer Account, to publish on the Store's Website individual and subjective statements of the Customer regarding, in particular, the Goods.
12. Resignation from the service Posting opinions is possible at any time and consists in the Customer ceasing to post content on the Store's Website.
13. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach by the Customer of the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified for security reasons. - in particular: breaking the security of the Online Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 10 The responsibility of the customer in the scope of his content
By posting content and making it available, the Customer disseminates content voluntarily. The posted content does not express the views of the Seller and should not be equated with its activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
The customer declares that:
is entitled to use proprietary copyrights, industrial property rights and / or related rights to - respectively - works, objects of industrial property rights (e.g. trademarks) and / or objects of related rights that make up the content;
posting and sharing, as part of the services referred to in §10 of the Regulations, personal data, image and information about third parties took place legally, voluntarily and with the consent of the persons to whom they relate;
agrees to access the published content by other Customers and the Seller, and authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
consent to the preparation of works within the meaning of the Act on Copyright and Related Rights.
The customer is not entitled to:
- posting, as part of using the services referred to in §9 of the Regulations, personal data of third parties and disseminating the image of third parties without the consent or consent of a third party required by law;
- posting, as part of using the services referred to in §9 of the Regulations, advertising and / or promotional content.
4. The Seller is responsible for the content posted by the Customers, provided that it receives notification in accordance with §11 of the Regulations.
5. It is forbidden for Customers to post, as part of using the services referred to in §9 of the Regulations, content that could, in particular:
- be published in bad faith, e.g. with an intention to infringe personal rights of third parties;
- violate any rights of third parties, including rights related to the protection of copyrights and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
- be offensive or constitute a threat to other people, contain vocabulary that violates good manners (e.g. by using profanity or terms commonly considered offensive);
- be contrary to the interest of the Seller;
- otherwise violate the provisions of the Regulations, good manners, applicable law, social or moral norms.
6. In the event of receiving a notification in accordance with §11 of the Regulations, the Seller reserves the right to modify or delete the content posted by customers as part of their use of the services referred to in §9 of the Regulations, in particular with regard to the content on which, on the basis of on the reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The Seller does not control the posted content on an ongoing basis.
7. The Customer agrees to the Seller's free use of the content posted by him as part of the Store's Website.
§ 11 Reporting a threat or violation of rights
In the event that the Customer or another person or entity considers that the content published on the Store's Website violates their rights, personal rights, decency, feelings, morality, beliefs, the principles of fair competition, know-how, a secret protected by law or under an obligation , may notify the Seller of a potential breach.
The Seller, notified of a potential violation, takes immediate steps to remove the content causing the violation from the Store's Website.
§ 12 Personal data protection
The administrator of personal data of Customers provided to the Seller voluntarily as part of the Registration, placing a one-time order and as part of the Seller's provision of electronic services or under other circumstances specified in the Regulations, is the Seller.
The Seller processes the Customers' personal data in order to fulfill orders, provide electronic services by the Seller and for other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.
The collection of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
The Customer provides his personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and implementation of the Customer's order in the event of placing an order without registering a Customer Account.
Anyone who provides the Seller with their personal data has the right to access their content and to correct them or request their removal, and in cases provided for by law, request to cease processing of their personal data.
The Seller provides the option of removing personal data from the collection kept, in particular in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
The seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use by unauthorized persons.
The Seller provides personal data of the Supplier's Customer to the extent necessary to perform the Delivery.
If the customer selects payment via the Dotpay system, his personal data is transferred to the extent necessary for the payment to Dotpay sp.z o.o. with headquarters in Krakow (30-552), at ul. Wielicka 72, entered into the register of entrepreneurs kept by the District Court for Kraków - Śródmieście in Kraków, 11th Commercial Division of the National Court Register, NIP 6342661860 and REGON 240770255.
§ 13 Termination of the contract
Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned. the agreement and the provisions below.
The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer's declaration of intent.
The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 14 Final Provisions
The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store Website.
In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store's Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §13 of the Regulations.
The Regulations enter into force on 02/04/2021