online shop

contact

ONLINE SHOP

CONTACT

§ 1. General information

  1. These terms and conditions are the terms and conditions for the provision of electronic services referred to in Article 8(1) of the Act of 18 July 2002 on the provision of electronic services (hereinafter referred to as the Terms and Conditions) as a business activity: Diuk Optyk Marcin Lechna ul. Kołłątaja 32 50-005 Wrocław NIP: 9291566483, REGON: 081110501.

§ 2. Definitions

  • Order processing time – the time during which an order placed by the Customer should be completed and handed over for shipment. The order processing time does not include days during which the Online Shop is waiting for payment from the Customer (if a payment method other than cash on delivery is selected).
  • Working days – all days of the week from Monday to Friday, excluding public holidays and Saturdays.
  • Password – a unique string of characters (numbers or letters) chosen by the Customer, which the Customer enters into the Website system for the purpose of confirming their identity; the Password is confidential and the Customer should keep it secret.
  • Customer (i) – a natural person with at least limited legal capacity and over 18 years of age, as well as (ii) a legal person or an organisational unit without legal personality, with legal capacity and legal capacity to perform legal acts.
  • Customer account – means an account on the Website created using the Customer's details (first name, surname and e-mail address).
  • Basket – an element of the Online Shop where the Customer specifies the details of the order, such as: delivery address, invoice details, delivery method, payment method, and other details if their disclosure is necessary in connection with the execution of the order.
  • Costs of delivery of Goods – this refers to the costs incurred for the purpose of delivering the Goods to the Customer in accordance with their order.
  • Login – Customer ID on the Website – a series of characters (numbers or letters) assigned to the Customer.
  • Warehouse – the location where orders placed by customers are fulfilled.
  • Newsletter – commercial information concerning the Seller's activities, including in particular promotions, new products, and loyalty programmes.
  • Authorised Person – The Customer or another adult designated by the Customer who is authorised to collect the order placed by the Customer and exercise all rights vested in the Customer, except for the right to withdraw from the contract and rights arising from liability for the conformity of consumer goods with the contract or rights arising from the warranty, if such a warranty has been issued for a given product.
  • Website – the DiukOptyk.pl website, operating at the address: https://www.diukoptyk.pl
  • Showroom – an optical shop operated by the Seller.
  • Online Shop – a platform operating within the Website, enabling the Customer to place orders for Goods.
  • Seller – bank transfer payments, mail order and stationary sales: Diuk Optyk Marcin Lechna Ul. Kołłątaja 32 50-005 Wrocław NIP: 9291566483, REGON: 081110501, cash and cash on delivery payments, personal collection: Diuk Optyk Marcin Lechna Ul. Kołłątaja 32 50-005 Wrocław NIP: 9291566483, REGON: 081110501
  • Sales Agreement – an agreement for the sale of Goods within the meaning of Article 535 of the Civil Code, concluded between the Seller and the Customer.
  • Goods – items that can be ordered from the Online Shop.
  • Foreign order – an order to be delivered within the European Union, outside the territory of the Republic of Poland.

§ 3. Registration on the Website

  1. The status of a registered user of the Website is obtained after completing the following steps:
    • a) registering on the Website;
    • b) activating the account by clicking on the link sent to the Customer's email address;
    • c) logging into the Website using your Login and Password.
  2. Upon registration on the Website, the Customer gains access to the Customer Account, which enables them to place orders for Goods in the Online Shop, reserve Goods in a designated Showroom, access their purchase history, as well as access their Customer data and modify or delete it.
  3. Customers are obliged to store the data necessary for registration on the Website in a manner that prevents unauthorised third parties from accessing it.
  4. Use of the Website is available to Customers with the following equipment:
    • a) a PC or mobile phone, tablet or other device with Internet access;
    • b) broadband Internet connection;
    • c) the latest version of the Firefox, Chrome, Safari or Edge web browser;
    • d) JavaScript, frames and CSS styles enabled;
    • e) pop-up windows enabled for the domain diukoptyk.pl;
    • f) an active e-mail account.

§ 4. Website Rules

  1. The Seller provides services to the Customer within the scope and under the conditions specified in these Terms and Conditions.
  2. The Seller undertakes to comply with these Terms and Conditions.
  3. It is prohibited for Customers to provide unlawful content and to use the website in a manner that is disruptive to other Customers and the Seller, as stated in these Terms and Conditions.
  4. Using the Online Shop means any action taken by the Customer that leads to them becoming familiar with the content of the Online Shop.
  5. In connection with the provision of electronic services, the Seller uses software and technology that ensure the security, confidentiality and integrity of the data/information transmitted.

§ 5. Terms and conditions for placing orders in the Online Shop

  1. The customer has the option of concluding a sales contract electronically by completing the form available in the Online Shop as part of the services provided electronically.
  2. The agreement shall be concluded upon:
    • a) acceptance of the content of the Order sent to the Customer;
    • b) consent to its implementation;
    • c) acceptance of the content of these Terms and Conditions;
    • d) confirmation of acknowledgement of the right to withdraw from the Agreement.
  3. The sales agreement is concluded in accordance with these Terms and Conditions.
  4. The Seller may terminate the contract for the provision of electronic services with immediate effect in the event of the Customer providing unlawful content or violating these Terms and Conditions.
  5. The persons authorised to place orders for Goods in the Online Shop are Customers:
    • a) having the status of a registered user of the Website;
    • b) not having the status of a registered user of the Website – making purchases without going through the registration and login procedure.
  6. The information provided on the Online Store website does not constitute an offer within the meaning of the Civil Code, but constitutes an invitation to Customers to submit offers. The conclusion of a Sales Agreement requires the Customer to first place an order, which is then verified by the Seller, including in terms of the availability of the Goods.
  7. A Customer who is a registered user of the Website places an order after logging in to the Website by adding the Goods presented in the Online Shop to the Basket, selecting courier delivery or collection, and then confirming the order for the Goods by selecting the „Order and pay” button. Preliminary verification of the order will be made by sending the Customer information about the order placed by the Customer via email.
  8. A customer who is not a registered user of the Website places an order by adding the Goods presented in the Online Shop to the Basket, selecting courier delivery or collection from the Showroom, and then confirming the order for the Goods by selecting the button – „Order and pay” button and providing the data necessary to complete the order in accordance with the procedure posted on the Online Store's website. Preliminary verification of the order will be made by sending the Customer information about the order placed by the Customer via email.
  9. Orders can be placed in the Online Shop 24 hours a day, every day of the year, but they are processed on working days.
  10. The Seller reserves the right, in justified cases, to additionally verify the Customer's details, e.g. by telephone.
  11. In the order, the Customer may additionally provide the details required to issue a VAT invoice, if they request a VAT invoice.

§ 6. Conclusion of the Sales Agreement

  1. Upon confirmation by the Seller of acceptance of the Customer's order for execution, a contract for the sale of Goods is concluded. Confirmation is made by sending the Customer an e-mail in which the Seller confirms acceptance of the Customer's order for execution.
  2. The prices listed in the Online Store are binding and non-negotiable. The prices of Goods in the Online Store do not apply to sales made in the Showroom. The price of the Goods specified in the Online Store does not include the cost of delivery of the Goods within the Republic of Poland. In the case of domestic and international orders, the cost of delivery of the Goods is added to the price of the Goods. The cost of delivery of the Goods is indicated in the Basket during the ordering process.
  3. The customer has the right to choose from the following payment methods:
    • a) payment by bank transfer via the website Przelewy24 – PayPro S.A. ul. Kanclerska 15, 60-327 Poznań;
    • b) payment by traditional bank transfer to the bank account provided after finalising the order;
    • c) payment BLIK implemented by Przelewy24;
    • d) payment by payment cards via Przelewy24 – the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068;
    • e) cash payment (cash on delivery) or to the courier, subject to § 7(3) below;
    • f) payment by card or bank transfer using PayPal – PayPal Sp. z o.o. ul. Emilii Plater 53, 00-113 Warsaw.
    • g) payment by card or bank transfer using Stripe – Stripe Payments Sp. z o.o. ul. Ludwika Waryńskiego 3A, 00-645 Warsaw;
    • h) payment via an application InPost Pay – AION Bank S.A. ul. Dobra 40, 00-344 Warsaw;
    • i) payment by card or bank transfer using Revolut – for PLN currency: AION S.A Spółka akcyjna branch in Poland, Dobra 40, Warsaw, and for other currencies, including EUR: Revolut Bank UAB, Konstitucijos ave. 21B, Vilnius, LT-08130, Lithuania;
  4. The condition for accepting an order for fulfilment in the case of choosing a form of payment other than cash on delivery or payment by cash or card upon collection is prior payment for the ordered Goods.
  5. The Seller shall deliver the Goods to the Customer together with a document confirming the conclusion of the contract of sale of the Goods, i.e. a fiscal receipt or VAT invoice, if the Customer requested its issuance when placing the order and provided the necessary data for issuing the invoice.
  6. The Customer's obligations under the contract for the sale of Goods shall remain in force until the full amount due for the Goods and the Costs of delivery of the Goods have been paid.

§ 7. Delivery

  1. Subject to the provisions of section 8 below, the delivery time for Goods ordered in the Online Shop is no more than 14 working days. The delivery period for the Goods starts from the date of sending the Customer confirmation of acceptance of the order for processing. When sending the Customer confirmation of acceptance of the order for processing, the Online Shop may inform the Customer of the expected delivery date.
  2. The customer may choose the following delivery methods:
    • a) collection by the Customer at the address specified in the order placed by the Customer;
    • b) collection by a third party designated by the Customer, at the address specified by the Customer;
  3. If the Customer chooses delivery to a third party at an address specified by the Customer, payment for the order must be made before the Goods are sent to the Customer. The Customer accepts that with this method of delivery, the Goods will only be released to the person specified by the Customer.
  4. All orders that have been paid for by the Customer prior to the delivery date will be issued only to the Customer or to a person designated by the Customer in the order.
  5. Delivery of the parcel containing the ordered Goods to the address specified by the Customer will be made on a working day by a courier company. The details of the courier company are specified in the Shop.
  6. Two attempts will be made to deliver the parcel. After the second unsuccessful delivery attempt, the Goods will be returned to the Seller. The Customer will be notified of the return of the Goods to the Seller by sending a message to the email address provided in the order. With regard to Goods for which payment was made on delivery, after the third unsuccessful attempt to deliver the parcel, the order placed by the Customer is automatically cancelled.
  7. If collection from the Showroom at ul. Kołłątaja 32, 50-005 Wrocław is selected as the delivery method, the Customer will be notified by email or telephone when the ordered Goods are ready for collection. The Customer is obliged to collect the Goods from the Showroom within 7 days of receiving this notification. If the Customer fails to collect the Goods within the specified time, the order will be cancelled. The Customer will be notified of the cancellation of the order by sending a message to the email address provided in the order. With regard to Goods for which payment was made in advance, the refund will be made within 21 days, in the form in which it was paid.
  8. In the case of international orders, the order processing time may be extended, of which the Customer will be informed when placing the order.
  9. The costs of delivering the Goods, which are borne by the Customer in addition to the price of the Goods, are specified on the Online Shop website when placing an order.
  10. The Seller undertakes to deliver Goods free from defects.

§ 8. Withdrawal from the Sales Agreement

  1. The Customer – Consumer may withdraw from the sales contract by completing and sending a statement to the Seller's e-mail address or by registered letter to the company's registered office within 14 days of receiving the goods, as referred to in section 4.
  2. The Customer – Consumer may withdraw from the Agreement without giving any reason.
  3. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
  4. Subject to paragraph 10 below, a Customer who is a consumer may return Goods purchased in the Online Store without giving any reason and without incurring any costs by submitting a statement to the Seller on withdrawal from the contract of sale of Goods in accordance with Article 27 of the Act of 30 May 2014 on consumer rights. The Customer may exercise this right within 14 days of receiving the Goods. To meet the deadline, it is sufficient to send the statement before its expiry. In the event of withdrawal from the contract of sale of Goods in the manner specified in this paragraph, the Customer is obliged to return the Goods to the Online Store within 7 days from the date of submitting the statement of withdrawal from the contract of sale of Goods.
  5. In the event of withdrawal from the contract for the sale of Goods, the contract for the sale of Goods shall be deemed not to have been concluded.
  6. In the event of withdrawal from the contract in accordance with section 4 or section 5, the Customer is obliged to return the Goods to the Online Store at the following address: Diuk Optyk Marcin Lechna ul. Kołłątaja 32 50-005 Wrocław
  7. If the Goods are returned within Poland, the costs shall be borne by the Customer. If the Goods are returned from outside Poland, the costs of returning the Goods shall be borne by the Customer.
  8. The right to withdraw from the contract does not apply to consumers in cases specified in detail in Article 38(1) of the Act of 30 May 2014 on consumer rights, including in relation to contracts:
    • a) for the provision of services, if the trader has fully performed the service with the consumer's express consent, who was informed before the service began that they would lose their right to withdraw from the contract once the trader had performed the service;
  9. If the Customer exercises their right to withdraw from the contract for the sale of Goods after requesting the Seller to commence the provision of services before the expiry of the withdrawal period, the Customer shall be obliged to pay for the services provided until the moment of withdrawal from the contract.
  10. The Seller shall refund the Customer for the Goods returned by the Customer within 14 days from the date of delivery to the Seller of the statement of withdrawal from the contract of sale of the Goods. The Seller may withhold the refund of payments received from the Customer until the returned Goods are received or the Customer provides proof of return of the returned Goods.
  11. Withdrawal from the contract of sale of Goods may be made by completing the withdrawal form available on the website.
  12. The seller warns that, in accordance with the law, the customer is liable for any reduction in the value of the goods resulting from handling them in a manner other than that necessary to familiarise themselves with the nature, characteristics and functioning of the goods. In the case of glasses or accessories, tampering with the original markings will result in the goods being treated as tampered with and not eligible for return.

§ 8. Complaints

  1. A customer who is a consumer and purchases Goods for purposes not related to their business activity is entitled to the rights under the provisions of the Act of 30 May 2014 on consumer rights.
  2. Complaints regarding Goods should be submitted:
    • a) sent to the following address:
      Complaints:
      Diuk Optician Marcin Lechna
      32 Kołłątaja Street 50-005 Wrocław
    • b) sent to the following e-mail address: [email protected]
  3. Complaints regarding Goods will be considered within 14 days of the date of submission. The Customer should be notified by email or telephone of the manner in which the complaint regarding the goods will be considered.
  4. The Seller informs the Customer about the possibility of using extrajudicial means of dealing with complaints about Goods, including by submitting, after the complaint procedure has been completed, a request for mediation or a request for the case to be heard before an arbitration court (the request form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court redress after the complaint procedure is free of charge. In the case of a Customer who is a consumer and wishes to use out-of-court redress, it is also possible to lodge a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
  5. Complaints are submitted in accordance with the procedure and rules described in detail in the Complaint Submission Procedure available at the Shop's website.
  6. The consumer has the right to lodge a complaint based on the warranty pursuant to Article 556 et seq. of the Civil Code.

§ 9. Newsletter

  1. The Customer may request to receive information in the form of the Online Shop Newsletter to the e-mail address provided by them. By requesting to receive the Newsletter, the Customer simultaneously confirms that they are authorised to use the e-mail address to which the information is to be sent.
  2. The Customer is entitled to unsubscribe from the Online Shop Newsletter at any time.
  3. By subscribing to the newsletter, the Customer agrees to receive commercial information by electronic means, in accordance with the Act of 18 July 2002 on the provision of electronic services and Article 6(1)(a) of the GDPR.

§ 10. Protection of personal data and other matters

  1. The Seller undertakes to protect personal data in accordance with the provisions on personal data protection (including the Act of 10 May 2018 on personal data protection and the GDPR – EU Regulation 2016/679). In accordance with this Act, the Buyer consents to the storage and processing of this data for marketing and record-keeping purposes, solely for the Seller's needs. The Buyer has the right to inspect their data, correct it and request that its use be discontinued. All transactions using card payments are processed by an external partner. We do not collect or store any information related to our buyers' payment cards. All information is securely transmitted via SSL protocol to the authorised billing servers of the following companies: PayPro S.A – Przelewy24.pl, PayPal – PayPal Sp. z o.o., Stripe – Stripe Payments Sp. z o.o., Revolut – AION S.A, Revolut Bank UAB. In accordance with the new GDPR regulation, we take the principle of customer data security seriously, therefore any data security breaches will be reported to the relevant authorities and the data owner.
    • a) The controller of your personal data is Marcin Lechna, e-mail: [email protected]
    • b) For matters related to your data, please contact the Data Protection Officer, e-mail: [email protected]
    • c) The data will be processed solely for the purpose of informing about promotions and fulfilling orders pursuant to Article 6(1)(a) and Article 6(1)(b) of the GDPR.
    • d) Data may be shared with consent for the proper performance of the services specified in the regulations.
    • e) Data may be transferred outside the European Economic Area or to an international organisation. The controller informs that safeguards have been put in place for this purpose. To obtain a copy of the data, please contact the Data Protection Officer.
    • f) Order data will be stored for a period of 2 years from the date of entry for the sole purpose of confirming the warranty for purchased goods.
    • g) You have the right to access your personal data, rectify it, delete it or restrict its processing.
    • h) You have the right to object to further processing and, if you have consented to the processing of your data, to withdraw your consent. Exercising your right to withdraw your consent does not affect the processing that took place prior to the withdrawal of your consent.
    • i) You also have the right to transfer data (in particular transaction history)
    • j) You have the right to lodge a complaint with a supervisory authority.
    • k) The Administrator also informs about automated decision-making, including profiling, on the terms specified in the regulations, for informational purposes only.
  2. All relevant privacy policy provisions can be found at https://diukoptyk.pl/polityka-prywatnosci
  3. The Seller reserves the right to change the prices of goods in the offer. Price changes do not apply to orders already accepted for fulfilment. The Seller also reserves the right to withdraw individual goods from the offer.
  4. In matters not covered by these regulations, the provisions of the Civil Code, the Act of 30 May 2014 on consumer rights and liability for damage caused by a dangerous product shall apply.
  5. The seller reserves the right to amend these terms and conditions.