Terms and conditions of the Shop

I. GENERAL CONDITIONS

The online Shop operating at: https://devaharmony.com/en/ is operated by DH Deva 9 Ltd. Spółka komandytowa with its registered office in Rzeszów, ul. Lubelska 29, 35-233, NIP (Tax Identification Number): PL 8133845054, Regon (National Business Registry Number): 387158706.

The use of the Shop is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:

  1. Internet Explorer version 9 or newer with ActiveX, JavaScript and cookies enabled or,
  2. Mozilla Firefox version 3.8 or newer with JavaScript and cookies enabled or,
  3. Google Chrome version 4.0 or newer
  4. Safari version 5.1 or newer with JavaScript and cookies enabled;
  5. Minimum screen resolution of 1024×768 pixels,
  6. software to open the electronic invoice as a PDF file, e.g. Adobe AcrobatReader.


II. DEFINITIONS

  1. Regulations – these Regulations and its appendices, specifying the principles of concluding distance sales agreements through the Website, the principles of performing these agreements, the rights and obligations of the parties to the distance sales agreement and the principles of the complaint procedure.

With regard to services provided electronically, these Regulations and their appendices are respectively the regulations referred to in Article 8 of the Act on provision of services by electronic means. All appendices are an integral part of the Regulations, unless explicitly indicated otherwise.

  1. Customer – a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who concludes a distance contract with the Seller. If the Customer is not a natural person, it is presumed that he is represented by a representative authorized to represent the Customer under applicable law.
  2. Consumer – a consumer within the meaning of Article 221 of the Civil Code.
  3. Shop – internet service run by the Seller, available at the following electronic addresses: https://devaharmony.com/en/ through which the Client can obtain information about the Product and its availability and purchase the Goods, or order service.
  4. Distance sales contract – the contract for the sale of Goods/provision of services/delivery of digital content (if applicable), concluded via the online Shop.
  5. Goods/Product – a movable item that the Customer can purchase from the Online Shop. All goods offered in the Shop are brand new and free from physical and legal defects. All goods have been legally introduced into the Polish market.
    In exceptional cases, when it is clearly marked in the product name and description, second-hand or serviced goods may be offered.
  6. Prices – all prices provided on the Seller’s Website are given in Euro and are gross prices (i.e. they include all components such as customs duties and taxes, including VAT). The price binding for the parties is the price at which the Customer ordered the goods in the order. The quoted prices of goods do not include the cost of delivery, which depends on the method of delivery.
  7. Seller – DH Deva 9 Ltd. Limited Partnership with its registered office in Rzeszów, ul. Lubelska 29, 35-233 Rzeszów, KRS (National Court Registry) number: 0000862537, NIP (Taxpayer Identification Number) number: PL 8133845054, Regon (National Business Registry Number): 387158706.
  8. Content – all information, data, elements, materials, algorithms, schemes, works, signs, logos, names, marks, symbols, descriptions and photographs of the Goods, regardless of their nature, format and the way they are recorded or presented, originating from the Seller or its partners.
  9. Account – a set of data stored in the Shop and in the Seller’s ICT system concerning a given Customer and the orders placed by him or her and agreements concluded, by means of which the Customer can place orders and conclude agreements.
  10. Privacy and cookies policy of the https://devaharmony.com/en/ Shop – a document setting out detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy is available on the Website of the Seller and constitutes Appendix 1 to the Terms and Conditions.
  11. Newsletter – information, including commercial information within the meaning of the Act of 18 July 2002 on provision of electronic services from the Seller sent to the Customer electronically, by or on behalf of the Seller.
  12. Seller’s Service – a service performed by the Seller or a subcontractor:(e.g.: Delivery of Goods, Insurance, Warranty, Value Added Services, etc.).
  13. Types and scope of electronically provided services:
  1. conclusion of online sales contracts – with regard to the goods sold in the Shop, including electronic licenses (including sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, acceptance of the order for execution, course of execution of the order, course of execution of complaints), and course of execution of returns,
  2. maintenance of the Customer Account,
  3. sending e-mails,
  4. newsletter – subscribing to the list of recipients is voluntary,
  5. Customer satisfaction survey in the form of adding opinions, comments and evaluations by the Customer regarding his/her transactions
  6. communication with the Seller’s Partner who organises training and courses in Ayurvedic medicine.

III. TAX PURCHASE DOCUMENTATION

  1. Fiscal receipts or VAT invoices are issued for all goods ordered in the Shop. Pursuant to the provisions of the Act on Value Added Tax of 11 March 2004 and executive acts issued thereto, the customer’s signature – as the purchaser of goods – is not an obligatory element of the content of a VAT invoice. In this situation, the purchaser only receives the original VAT invoice. It should be noted that in the event that a buyer who is an individual places an order or makes a purchase using details (e.g. name/company, VAT ID) relating to the business activity conducted by that buyer, it will be presumed that the purchase is made by him in connection with such activity and a VAT invoice will be issued to that buyer as an entrepreneur.
  2. In accordance with the provisions of the Act on Value Added Tax of 11 March 2004, the Purchaser accepts that VAT invoices are issued and sent electronically. The consent to receive VAT invoices in electronic form is equivalent to the resignation from receiving VAT invoices in paper form. The Customer may withdraw consent to receive VAT invoices electronically by contacting the Seller’s Customer Service.

IV. ACCOUNT

  1. The Customer cannot place content, including opinions and other data of an unlawful nature, on the Shop or provide the Seller with content.
  2. The Customer gains access to the Account after registration.
  3. As part of the registration, the Customer provides an e-mail address and chooses a password. The Customer may also provide his or her name and mobile phone number for marketing purposes. The Customer warrants that the data provided by him/her in the registration form, is correct. Registration requires the Customer to read the Terms and Conditions in detail and to indicate on the registration form that the Customer has read the Terms and Conditions and fully accepts all their provisions.
  4. At the moment of enabling the Customer to access the Account, an agreement for the provision of electronic services concerning the Account is concluded between the Seller and the Customer for an indefinite period of time. The Consumer may withdraw from this agreement under the terms of the Terms and Conditions.
  5. Content placed on the Website of the Shop, including descriptions of goods and prices constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  6. In order to submit an offer to purchase goods, the Customer should submit an order. An order is placed by filling in a relevant form located on the Website of the Internet Shop.
    and clicking the button marked: “I confirm the order”.
  7. It is not necessary to have an Account to submit an order.
  8. Registration of an Account on one of the Websites of the Internet Shop means simultaneously the registration enabling the access to other Websites, under which the Internet Shop is available.

V. ORDERS

  1. The Customer places an order via a form available on one of the Websites of the online Shop. The order specifies, among other things, what goods, at what price and in what quantities the Customer wishes to order.
  2. After the Customer has correctly placed the order, the Seller sends information to the Customer’s e-mail address about the order placed. This information is not a confirmation of acceptance of the Customer’s offer. It is only information that the Seller has received the order.
  3. The Seller then verifies whether the order can be accepted for fulfilment.
  4. If the Seller accepts the Customer’s order, the Seller sends the Customer information by e-mail
    about the approval of the order for execution. Upon receipt of such a statement by the Customer, a Distance Sales Contract is concluded between the Website.
  5. If the Customer is a Consumer, the Seller shall, no later than by the time of delivery of the goods, confirm to the Customer the conclusion and the agreed terms of the Distance Sales Contract on a durable medium.
  6. An order at the Seller’s online Shop can be submitted as follows:
  1. by means of the IT system (Website) of the Online Shop,
  2. by telephone at the sales department telephone number appropriate for the given web Shop. Such an order must contain the name of the ordering party, his/her postal address and e-mail address, VAT number (applicable only to business entities purchasing goods and used for issuing a correct VAT invoice), delivery address, telephone number and names, quantities and prices of ordered goods.

VI. PRICES AND PAYMENT METHODS

  1. The Seller shall, at the latest immediately before placing the order, inform the Customer of the total price of the goods and any additional charges, including transport, additional services, payment costs, etc.
  2. At the beginning of the order placement, the Seller informs the Customer about the available payment methods.
  3. If an additional cost is associated with a particular payment method for the Customer, the Seller shall inform the Customer of this at the latest immediately before the Customer places the order.
  4. The Seller shall inform the Customer about the payment term via the telematics system.

VII. PAYMENTS

  1. Payment for goods can be made by the method chosen at the time of order. In case of purchases of goods imported to order and of significant value, we reserve the right to require an advance payment. However, in the event of termination, withdrawal or dissolution of the contract, the advance payment made will be refunded to the Consumer.
  2. Payment in the Shop can be made in one of the following ways:
  1. cash on delivery – in the case of delivery of goods by carriers,
  2. in advance by bank transfer,
  1. In case of choosing cash on delivery method, if the value of the order is within the amount of Euro 3,000.00 (excluding delivery costs), the amount of Euro 4.00 shall be added to the final value of the order. The increase in the cost of the order is dictated by the pricing policy of postal operators and courier companies.
  2. In case of choosing cash on delivery payment method, if the value of the order exceeds Euro 3,000.00, 3% of the order value is added to the final value of the order. Cash on delivery orders over Euro 5,000 are not processed.
  3. For some Products or Product categories, only some of the payment methods indicated in paragraph 2 are available. In particular, it is not possible to make cash payments for amounts exceeding Euro 15,000.

VIII. DELIVERY

  1. The Customer will be informed of the possible delivery methods and available delivery times via the order form or by e-mail.
  2. In the same way, the Seller shall inform the Customer of the cost of delivery, if applicable.
  3. At the beginning of the ordering process, the Customer is informed of delivery restrictions on the Goods.

IX. METHOD OF ORDER COMPLETION (DELIVERY OF GOODS)

  1. The ordered goods are delivered in the way indicated by the Customer when placing the order:
  1. Shipment sent via DPD courier (as a rule, it reaches the customer between 3 – 10 business days after the day of sending the package. All parcels sent via courier service are insured – insurance costs are borne by the Seller).
  2. Collection of the order at the Seller’s premises.
  3. Collection of the order in a parcel machine.
  4. Shipment sent through the Polish Post.
  5. Order collection at a Polish Post office.
  1. If the Customer indicates, at the time of placing the order, that the order is to be collected at the Seller’s premises, the goods remain ready for collection by the Customer for a further fourteen (14) days from the date of delivery of the electronic message to the Customer on the subject of readiness of the goods for collection at the Seller’s premises.
  2. If the goods are not collected by the Customer at the Registered Office of the Shop within the period referred to in Point IX. IX.2 and if the Customer fails to collect the goods from a parcel machine, Poczta Polska outlets or a courier (which will result in returning the goods to the Seller), the Seller may withdraw from the Sales Agreement. The withdrawal from the contract is made by submitting to the Customer a declaration of intent to withdraw. In such a case, the order will be considered cancelled.
  3. In the situation referred to in section 3, the Seller is obliged to immediately return to the Customer everything received from the Customer under the Sales Agreement.
  4. In the case of choosing payment in the form of: Payment in advance on account, E-transfer/credit card, payment via the Internet – the Customer is obliged to make payment within 3 working days from the date of conclusion of the Sales Contract.
  5. If the Customer fails to make the payment within the period specified in section 5, the Seller may withdraw from the Sales Agreement. Withdrawal from the contract shall be effected by submitting to the Customer, by e-mail to the e-mail address provided by the Customer, a declaration of intent to withdraw. In such a case, the Sales Agreement shall be deemed not concluded and the order shall be deemed cancelled. In such circumstances, neither the Customer nor the Seller will be obliged to provide any services to each other, in particular the payment of damages or their surrogate, reimbursement of costs, etc.
  6. In case the Seller fails to fulfil the obligation within the period specified in the email correspondence addressed to the Consumer, the Consumer may also withdraw from the Distance Sales Agreement. Withdrawal from the contract shall be effected by submitting to the Seller a declaration of intent to withdraw.

X. WITHDRAWAL FROM THE CONTRACT – general conditions

  1. The right to withdraw from the contract without stating a reason shall only apply to the Customer who is a Consumer. Article 38a of the Consumer Rights Act shall apply accordingly.
  2. A consumer who has concluded a distance contract through the Shop may, within 14 days, withdraw from the contract without giving any reason and without incurring any costs, except for the costs indicated below, provided that he or she has been correctly informed of the need to incur them during the order placement process. Statutory exceptions to the right of withdrawal that may apply are set out in section X. paragraph 8 below.
  3. If the consumer has submitted a declaration of withdrawal before the Seller has accepted his offer, it shall cease to be binding.
  4. The period for withdrawal from the contract of sale of an item shall begin from the day on which the Consumer or a person indicated by the Consumer other than the carrier has taken possession of the item (in the case of the sale of several items – into possession of the last of them), and in the case of other contracts from the day of their conclusion.
  5. In order to exercise the right of withdrawal, the Consumer should submit a statement to the Seller to this effect. It is sufficient to send the statement before the expiry of the deadline. The declaration may be sent, inter alia, on the form constituting Attachment No. 2 to the Terms and Conditions, by e-mail or by post.
  6. The Seller shall immediately confirm to the Customer on a durable medium the receipt of the declaration of withdrawal.
  7. At the moment of withdrawal from the contract, the related ancillary contracts concluded by the Customer expire, if on the basis of them the performance is performed by the trader or a third party on the basis of an agreement with the trader.
  8. The Customer is not entitled to withdraw from the contract in relation to contracts indicated in Article 38 of the Consumer Rights Act, including but not limited to contracts:
  1. for the provision of services, where the entrepreneur has performed the service in full with the express consent of the consumer, who has been informed prior to the provision of the service that after the entrepreneur’s performance, he will lose the right to withdraw from the contract;
  2. where the price or remuneration is dependent on fluctuations in the financial market which are beyond the trader’s control and may occur before the end of the withdrawal period;
  3. in which the object of the performance is a non-refabricated item made to the consumer’s specifications or intended to meet his individual needs;
  4. in which the object of the performance is an item that is liable to deteriorate or has a short shelf life;
  5. where the object of the performance is an item supplied in a sealed package which cannot be returned after opening for health or hygiene reasons, if the package has been opened after delivery;
  6. where the object of the performance is the provision of items which, by their nature, become inseparably attached to other items after delivery;
  7. where the object of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control;
  8. where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is unsealed after delivery;
  9. where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is unsealed after delivery;
  10. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
  11. concluded by public auction;
  12. for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;
  13. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.

XI. CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT OF SALE OF GOODS

  1. The Seller shall, within 14 days from the date of receipt of the declaration of withdrawal from the contract of sale of the item, refund to the Customer all payments made by the Customer, including the costs of delivery corresponding to the cheapest method of delivery offered by the Seller, if applicable. The payment will be reimbursed using the same method of payment used by the Customer, unless the Customer expressly agrees to a different method of reimbursement that does not incur any costs for the Customer. In the case of a non-collected delivery, the refund will be reduced by the value of the delivery.
  2. The Seller may offer the Customer to collect the item from him himself if the Seller has not submitted such an offer to the Customer:
  1. The Customer shall return the item to the Seller (or to a person authorised by the Seller to collect it) immediately, but no later than 14 (fourteen) days from the date on which he has withdrawn from the contract, unless the Seller has offered to collect the item himself. Sending the item back before the deadline shall be sufficient to meet the deadline.
  2. If the Seller has not offered to collect the returned goods himself, the Customer should return the goods by sending them to the address indicated in the e-mail correspondence from the Seller to the Customer.
  3. The Seller may withhold reimbursement of payments received from the Customer until it has received the Goods back or the Customer has provided proof of return, whichever event occurs first.
  4. The Customer shall bear the direct costs of returning the Goods (including the cost of delivering them to the Seller) and shall be responsible for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than that which was necessary to ascertain the nature, characteristics and function of the Goods.

XII. CONSEQUENCES OF WITHDRAWAL FROM A SERVICE CONTRACT

If the Customer exercises his or her right of withdrawal after having made an express request for the Seller to commence the performance of services before the expiry of the withdrawal period, the Customer shall be obliged to pay for the services performed until the withdrawal from the contract, provided that the Seller has performed such services for remuneration.

XIII. LIABILITY FOR DEFECTS OF GOODS AND THEIR CONFORMITY WITH THE CONTRACT AND COMPLAINT PROCEDURES

  1. The expiry date of the goods offered in the Shop is a minimum of 2 years from the date of manufacture.
  2. Before collecting the parcel from the post office or from the courier, please check whether the packaging has not been damaged in transport. In particular, you should pay attention to the condition of the tapes stuck to the parcel. If the packaging of the parcel shows signs of damage or if the tapes are torn off, do not accept the parcel and contact the Seller as soon as possible to clarify the matter. The Seller is responsible towards the Customer if the sold product has a physical or legal defect (warranty), according to the principles specified in the Civil Code. In the case of non-consumer sales, the warranty provisions of the Civil Code are excluded.

XIV. CUSTOMER SATISFACTION SURVEY

  1. The Seller may obtain the Customer’s opinion with the Customer’s consent:
  1. about the Seller – at the level of the last Shopping step, i.e. receipt of confirmation from the Shop that the order has been finalised, processing such Customer data as: the Order ID and the Customer’s e-mail address;
  2. about the Products and/or the Seller – by e-mail after the delivery of the order, processing such Customer data as: e-mail address / telephone number, first name, surname, order ID, Product names and Product IDs.
  3. The opinions obtained by the Seller are presented in the Online Shop, the Google search engine for reviews of the Shop and the certificate of an external entity providing a customer satisfaction survey service.

XV. SELLER’S PARTNER

  1. The Seller cooperates with the entities: Ajurveda.pl Elżbieta Żuk-Widmańska, ul. Wiosenna 6A, 05-092 Łomianki, NIP (Taxpayer Identification Number): 527-12-40-701 (www.ajurweda.pl) and “Atma” Akademia Zdrowego Życia Edyta Sicińska, ul. Dostępna 24, 01-490 Warsaw, NIP (Taxpayer Identification Number): 527-23-00-813 (https://akademiaatma.com/), which can provide the Customer with additional training and consultation services.
  2. The cooperation consists in enabling the Customer to communicate with the above-mentioned partner in order for the Customer to participate in a training course in Ayurvedic medicine organised by the partner.
  3. The Customer interested in the partner’s service will leave his/her personal data in the form available in the Shop: obligatory e-mail address or telephone number, additionally: first name and surname, in order to enable the partner to communicate with the Customer. The data voluntarily provided will be made available by us to the Partners indicated in Section 1.

XVI. VALUE-ADDED SERVICES

  1. Added services are additional services provided to the Customer by the Seller. The Customer has the right to benefit from an added service when this is clearly indicated in the description of the goods on one of the Website of the Online Shop.
  2. Benefiting from an added service may require acceptance of the terms of use or regulations of that service.
  3. The possibility of using an added service is an entitlement of the Customer. His choice in this respect does not in any way affect the fulfilment of the order.
  4. The use of certain services is conditional on the provision of a contact telephone number. If the Customer does not provide such a telephone number when registering or placing an order, the Seller will contact the Customer by e-mail and ask him/her to complete the data. This data will be provided to DH Deva 9 Ltd. Limited Partnership as administrator for the purpose of providing value-added services. The provision of data is voluntary. The customer has the right to access and correct his data.
  5. The customer may use the Online Shop including the content on the Website only for his/her own purposes in order to get acquainted with the goods. The customer may not use the content for direct or indirect commercial purposes.

XVII. INTELLECTUAL PROPERTY – CONTENT AND OPINIONS

  1. The Customer declares that:
  1. he is not entitled to any rights, including copyrights or related rights to the content, except for the right to use in the manner specified in the Terms and Conditions and except for the rights to the content, including opinions posted by him. The Customer shall not be entitled to any recording, reproduction, making available, publicising or disseminating of the content, unless such a right arises from the law or the Terms and Conditions.
  2. Has no right to interfere in any way with the Content, in particular he/she has no right interfere with the Content, structure, form, graphics, mechanism of operation or other elements of the Shop; he/she may not make any changes, additions, modifications or other actions on the Content except those expressly permitted under these Terms and Conditions.
  1. The Customer acknowledges that the Content, including, by way of example, advice, tips and guidance, is not a substitute for advice and guidance given by an expert or other competent person, after a detailed analysis of the specific case and all its circumstances.
  2. The Customer, by posting the Content in the Online Shop, including in particular photographs and opinions that constitute works (within the meaning of the Act on Copyright and Related Rights of 4 February 1994), grants the Seller a non-exclusive and royalty-free licence to use such works for an indefinite period of time by the Seller, which includes in particular making the work available to the public in such a way that everyone can have access to it at a place and time of their own choosing (the Internet). The licence is granted in respect of all fields of exploitation known at the time it is granted, in particular the following fields of exploitation:
  1. within the scope of recording and multiplication of the work – production of copies with a specified technique, including in particular digital or audio technique, i.e. using any technique on any audio-visual or audio medium, and in particular on all forms of light-sensitive, magnetic, analogue, IT, digital, multimedia, video, audio-visual discs, cassettes, compact discs, computer disk, on a multimedia network (including Internet, intranet and related on-line services) and multiplication, recording, use on the Internet, television, radio, advertising, multiplication in the form of electronic recording in computer memory and in internal and external networks within the scope of marketing of the original or copies on which the work has been recorded, marketing, lending or leasing of the original or copies;
  2. using the whole or fragments or any elements of the work in all publications, in the press, in books, albums, digital publications, including the Internet, in newsletters and guide-books, alone or in combination with other works or fragments of works; using the whole or fragments for the purpose of promotion and advertising, in particular in the form of audio-visual, audio, media advertisements,
  3. within the scope of dissemination of the work in a manner other than specified in points 2 and 3 above – public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in such a manner that anyone can access it from a place and at a time individually chosen by them.
  4. Furthermore, the Customer agrees not to include Opinions that contain links to external websites, contain of a promotional or advertising nature or contain third party data.

XVIII. NEWSLETTER

  1. The Customer may agree to receive commercial information by e-mail or telephone by selecting the appropriate option in the registration form or at a later date in the relevant tab. If such consent is given, the Customer will receive information (Newsletter) of the Online Shop as well as other commercial information sent by the Seller to the e-mail address or telephone number provided by the Customer.
  2. The Customer may unsubscribe from the Newsletter at any time on their own, by unchecking the appropriate box on their Account page, clicking on the appropriate link in the content of each Newsletter or through the Customer Service.


XIX. INFRINGEMENTS

  1. The Sellerr makes the ICT space available for the use of the Customer, is not the initiator of the transmission of the content, does not select Customers, does not remove or modify the content, and does not investigate whether the content is unlawful in nature.
  2. If the Seller receives notice of the unlawful nature of the content, the Seller will take action to block access or remove such content, in accordance with applicable law.

XX. DZIAŁANIA ZABRONIONE I BLOKOWANIE DOSTĘPU

  1. All activities that are not expressly permitted by the Terms and Conditions are prohibited, and in particular:
  1. activities which would destabilise the work of the Seller, impede access to or use of the Online Shop or the content;
  2. publishing spam and unsolicited commercial information
  3. use of viruses, bots,computer worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools);
  4. taking other actions to the detriment of the Seller, Customers or threatening their rights or interests.
  5. The Seller has the right to block the Customer’s access to the individual account on the pages of the Online Shop or some of its functionalities in case when:
  1. The Customer uses the Online Shop in a manner inconsistent with applicable law, morality, rules of social coexistence or violates the provisions of the Terms and Conditions;
  2. The Customer posts illegal content.


XXI. LIABILITY FOR DEFECTS OF GOODS

  1. The Seller shall be obliged to deliver goods without defects and, with regard to Consumers (article 38a of the Consumer Rights Act shall apply accordingly), shall be liable for their defects on the principles regulated in Article 556 et seq. Civil Code (warranty for defects).
  2. In the event that the Customer is not a Consumer :
  1. the liability under the warranty for physical defects of the goods is excluded (art. 558 et seq. of the Civil Code);
  2. the Seller’s liability covers only the actual damage;
  3. the Seller’s liability is limited to the value of the order;
  4. The Seller is not liable for the actions and omissions of third parties, including postal providers, courier companies, Internet services, etc.
  5. The Customer who is not a Consumer is obliged to examine the Goods within 5 calendar days from the date of their receipt, in order to verify the compliance of the Goods with the sales agreement (i.e. the completeness of the order and the quality of the delivered Product) and report any reservations to the Seller, within the aforementioned period. A Customer who is not a Consumer and who has not raised objections within the aforementioned time limit, loses the right to invoke them in the future.
  1. Sprzedawca odpowiada z tytułu rękojmi, jeżeli wada fizyczna zostanie stwierdzona przed upływem dwóch lat od dnia wydania rzeczy kupującemu. Jeżeli kupującym jest konsument a przedmiotem sprzedaży jest używana rzecz ruchoma, odpowiedzialność Sprzedawcy jest ograniczona do roku od dnia wydania rzeczy kupującemu.
  2. The Customer who is not a Consumer is obliged to examine the Goods within 5 calendar days from the date of their receipt, in order to verify the compliance of the Goods with the sales agreement (i.e. the completeness of the order and the quality of the delivered Product) and report any reservations to the Seller, within the aforementioned period. A Customer who is not a Consumer and who has not raised objections within the aforementioned time limit, loses the right to invoke them in the future.


XXII. COMPLAINTS

  1. All complaints concerning the functioning of the Online Shop, including matters related to services provided electronically and agreements concluded through it, may be sent via the complaint form available on its pages. Complaints may also be submitted in writing to the address of the Seller’s registered office. The complaint instruction is enclosed as appendix no. 3 to these Terms and Conditions.
  2. When lodging a complaint, it is advisable for the Customer to describe the noticed defect and specify their demand. When filing a warranty claim, the Customer should present the proof of purchase of the goods from the Online Shop (e.g. bank statement, card payment confirmation, receipt or invoice).
  3. It is recommended that the dispatch of the package with the returned goods is preceded by a return notification.
  4. The Customer who performs the warranty rights is obliged to deliver the faulty goods at the Seller’s expense to the address of the Seller’s registered office or to the address indicated in the e-mail correspondence.
  5. If the data or information provided in the complaint needs to be supplemented, the Seller shall immediately ask the Customer to supplement them to the extent indicated. Along with such notification, the Customer will be sent information on how to supplement the deficiencies in the complaint.
  6. Complaints under warranty shall be considered within 14 days from the date of delivery to the Seller of a statement containing the demands of the Customer. The aforementioned time limit does not apply to the complaint in connection with which the Customer wishes to withdraw from the contract. The Customer will be notified by the Seller about the outcome of the complaint by e-mail or in writing, depending on the method of complaint submission.

XXIII. PERSONAL DATA

  1. Subject to the Terms and Conditions, the Administrator of the data provided by the Customer, in particular as part of registration or placing an Order, is the Seller.
  2. The data shall be processed for the purpose of performance of the Seller’s service agreement and distance sales agreements, fulfilment of other legally justified purposes of the administrators or recipients of the data, and purposes to which the Customer consents (including marketing purposes).
  3. The Customer has the right to access the content of the data and to correct them. The provision of data is on a voluntary basis.
  4. Detailed rules for the processing of personal data and the use of cookies are described in the privacy and cookies policy.


XXIV. POSTANOWIENIA KOŃCOWE

  1. These Terms of Use shall be effective as of 15th February, 2021.
  2. The Seller shall be entitled to amend the Terms and Conditions of Use in the event of adding new functionalities or launching new versions of the e-shop, as well as in the event of amending applicable laws. All changes shall take place to the appropriate extent, and the Customers shall be additionally informed of the changes to the Terms and Conditions, in particular through the button accepting the provisions of the Terms and Conditions that appears when the Customer places an order. A Customer who does not agree with the changes is entitled to terminate the contract at any time with immediate effect. The amendment of the Terms and Conditions, insofar as it relates to sales agreements concluded before the amendment of the Terms and Conditions and to orders which were placed before the amendment of the Terms and Conditions, does not modify their content and conditions.
  3. The Customer may terminate the agreement for provision of services by electronic means at any time with immediate effect by informing the Seller by e-mail, telephone or in writing to the address of the Seller’s registered office. The Customer’s account in the Online Shop will be deleted.
  4. The Seller has the right to terminate the service agreement concerning the Account in the case of discontinuation of the provision or transfer of the Seller’s e-commerce service to a third party, violation of the law or the provisions of the Terms and Conditions by the Customer, as well as in the case of the Customer’s inactivity for a period of 36 months. The contract shall be terminated at 3 months’ notice. The Seller may stipulate that the re-registration of the Account will require the permission of the Seller.
  5. In the event that any of the provisions of these Terms and Conditions are amended or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and shall be binding on the Seller and the Customer.
  6. The law applicable to the resolution of any disputes related to these Terms and Conditions shall be the law of Poland. These disputes will be settled by the locally competent common court. The Customer, who is a Consumer, may also make use of out-of-court complaint and claim procedures. All necessary information on out-of-court ways of dealing with complaints and pursuing claims can be obtained at the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are voluntary and both parties must agree to them.
  7. In the case of Customers who are not Consumers, the jurisdiction is that of the court having local jurisdiction over the registered office of the Seller.
  8. The Seller informs that using services provided electronically via the Internet involves risks that cannot be completely eliminated. The main risk for any Internet user, including those using services provided electronically, is the possibility of “infecting” the ICT system with various types of software created mainly to cause damage, such as viruses, ” computer worms” or “Trojan horses”. In order to avoid such risks, it is important that the Customer equips their equipment, which is used to connect to the Internet, with an anti-virus programme and keeps it up-to-date by installing the latest versions. At the same time, the Seller informs that it enters the following data, which are not part of the content of the service provided electronically, into the computer system used by the Customer:
  1. Cookies,
  2. The online shop sends e-mails to the Customer in which it confirms the receipt of the order, the receipt of payment, if any, the acceptance of the order for processing and the progress of the order.


XXV. PRODUCTS DESCRIPTION

Product descriptions and images are taken from manufacturers’ databases, own resources and publicly available marketing materials. Any commercial use of product information from the Online Shop websites is prohibited.

XXVI. APPLICABLE LAW

  1. The information contained on the websites is only an invitation to conclude a contract within the meaning of the Civil Code.
  2. In matters not covered by these terms and conditions, the provisions of the applicable law, including the provisions of the Civil Code, shall apply.

ZAŁĄCZNIK NUMER 2 DO REGULAMINU ŚWIADCZENIA USŁUG DROGĄ ELEKTRONICZNĄ DEVA HARMONY


APPENDIX NO. 2 TO THE TERMS AND CONDITIONS OF ELECTRONIC SERVICES DEVA HARMONY

MODEL WITHDRAWAL FORM FROM A CONTRACT CONCLUDED AT A DISTANCE

(this form should be completed and returned only if you wish to withdraw from a distance contract)

Addressee: DH Deva 9 Ltd. Limited partnership with its registered office in Rzeszów, ul. Lubelska 29, 35-233 Rzeszów, entered in the Register of Entrepreneurs of the KRS (National Court Registry) kept by the District Court in Rzeszów, XII Commercial Division of the National Court Registry, under KRS (National Court Registry Number) number 0000862537, NIP ( Taxpayer Identification Number) 8133845054 REGON (National Business Registry Number): 387158706, e-mail address: sklep@devaharmony.com.

I/We(*) hereby inform(*) of my/our withdrawal from the concluded remote agreement

First and last name of consumer(s):

……………………………………………………………………………………………………………………………………………….. 

Consumer(s) address:

 ……………………………………………………………………………………………………………………………………………….. 

Name of good:

……………………………………………………………………………………………………………………………………………….. 

VAT invoice:

……………………………………………………………………………………………………………………………………………….. 

I/we hereby indicate the bank account number to which the refund should be made:

……………………………………………………………………………………………………………………………………………….. 

At the bank (name of the bank):

……………………………………………………………………………………………………………………………………………….. 

Name (company details) of the account holder:

……………………………………………………………………………………………………………………………………………….. 

…………………………………………………………………….

Signature of consumer(s)

Dear customers, in case of return of goods, please fill in the above form and send it along with the goods to: DH Deva 9 Ltd. Limited partnership with its registered office in Rzeszów, ul. Lubelska 29, 35-233 Rzeszów. Correctly filling in the data will allow us to efficiently and quickly complete the necessary formalities so that the money comes back to you as soon as possible.

APPENDIX NO. 3 TO THE REGULATIONS FOR ELECTRONIC PROVISION OF SERVICES DEVA HARMONY


COMPLAINTS INSTRUCTION

COMPLAINT:

(1) The expiry date of goods offered in the Online Shop is a minimum of 2 years from the date of manufacture.

(2) Before collecting the parcel from the post office or from the courier, please check that the packaging has not been damaged in transit. In particular, attention should be paid to the condition of the tapes stuck to the parcel. If the packaging of the parcel bears the signs of damage or if the tapes are torn off, do not accept the parcel and contact the Seller as soon as possible to clarify the matter. The Seller is responsible towards the Customer if the sold product has a physical or legal defect (warranty), according to the principles specified in the Civil Code. In the case of non-consumer sales, the warranty provisions of the Civil Code are excluded.

Additional information

Please see below for the complaints procedure.

Send a correctly completed complaint form (prerequisite) to the following e-mail address:

sklep@devaharmony.com

In the title of the message, please write: “Complaint”.

Attach at least 2-3 photosto the message and/or a link to a video showing the product defect.

All information about the complaint should be in one message.

Sending several messages will only create confusion and may prolong the processing time of the complaint.

Once you have received a valid complaint, expect a reply.

The maximum time for processing a complaint is 30 days. Sometimes this period may be longer.

Sometimes additional information/photos will be required – you will be kept informed of this.

Once your complaint has been processed, you will receive a decision and, if applicable, a request to send the product back.

Please do not send the product back without an explicit instruction from us. Sending the product back on your own may lengthen the processing time.

In the event of a legitimate complaint and the product has to be sent back, we will reimburse the cheapest costs for sending the product back (without any additional services such as priority, insurance, caution, confirmation of receipt, gabarage, etc.).

The guarantee does not cover physical damage or damage resulting from incorrect use of the product.

If we accept your complaint, please complete the goods claim form – available below.

PRODUCT COMPLAINT FORM

If your complaint is accepted, pack the returned product well. Attach the completed claim form to the parcel or send it by e-mail to: sklep@devaharmony.com. Send the parcel by registered mail to the address below. Add “COMPLAINTS” to the address to make it easier to handle the parcel. You do not need to enclose the sales document.

Order number: ………………………………………………………………………………………….

Date of order: …………………………………………………………………………………………..

Name and last name: ..……………………………………………………………………

Phone number:: ..……………………………………………………………………………

PRODUCTS COIMPLAINED ABOUT:

Name of product:Amount of products:Reason for complaint:Request:
1
2
3
4
5
6
7

For cancellation and refunds please complete the

form below:

Account number:

Name of the bank: ………………………………………………………………………………

Total amount to be refunded: ………………………………………………………………..

Postal address:

DH Deva 9 Ltd. Sp. K.

Lubelska 29

35-233 Rzeszów

………………………………………………………………………

signature indicating acceptance