Terms of service - doodush.com

DOODUSH.COM ONLINE SHOP TERMS AND CONDITIONS

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE SHOP
TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
THE COMPLAINT PROCEDURE
THE OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND THE RULES OF ACCESS TO THOSE PROCEDURES.
THE RIGHT OF WITHDRAWAL
PROVISIONS CONCERNING ECONOMIC OPERATORS10. PRODUCT REVIEWS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

1. GENERAL PROVISIONS

1.1. The On-line shop available at the Internet address www.doodush.com is operated by WIESŁAW DUDEK conducting business activity under the name “DUDEK” WIESŁAW DUDEK registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, having: business address and address for delivery: ul. Śląska 10, 43-305 Bielsko-Biała, NIP 9371205043, REGON 241086762, e-mail address: [email protected], telephone number: 508069602.

1.2 These Terms and Conditions are addressed both to consumers and businesses using the Online Shop, unless a specific provision of the Terms and Conditions states otherwise.

1.3 The administrator of the personal data processed in the On-line Shop in relation to the execution of provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop. The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).

1.4 Definitions:

1.4.1. WORKING DAY – one day from Monday to Friday excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Store that enables the creation of an Account.

1.4.3. ORDER FORM – Electronic Service, interactive form available in the Online Shop enabling the placement of an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the manner of delivery and payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s data communication system marked with an individual name (login) and password provided by the Customer, in which data provided by the Customer and information about Orders placed by him/her at the Online Shop are stored.

1.4.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions at the Online Shop.

1.4.8. PRODUCT – a movable item available at the Online Shop which is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9 REGULATIONS – these regulations of the Internet Shop.

1.4.10. INTERNET SHOP – the Service Provider’s online shop available at the following internet address: www.doodush.com.

1.4.11. SELLER; SERVICE PROVIDER – WIESŁAW DUDEK conducting business under the firm “DUDEK” WIESŁAW DUDEK entered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the competent minister for economy, having: address of place of business and address for delivery: ul. Śląska 10, 43-305 Bielsko-Biała, NIP 9371205043, REGON 241086762, e-mail address: [email protected], telephone number: 508069602.

1.4.12. CONTRACT OF SALE – the contract of sale of the Product concluded or entered into between the Customer and the Seller through the Online Store.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer through the Internet Shop.

1.4.14. SERVICE PROVIDER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.15. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

1.4.16. ORDER – a declaration of will of the Customer submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE INTERNET SHOP

2.1 The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account – the use of an Account is possible after the Customer completes two consecutive steps – (1) completes the Registration Form, (2) clicks the “Register” field. In the Registration Form, it is necessary for the Service Recipient to provide the following Service Recipient data: e-mail address. A password to access the Account is generated by the Service Provider’s IT system and sent to the provided e-mail address of the Service Recipient – the Service Recipient may change the password at any time after logging into the Account. An Account may also be created by ticking the appropriate checkbox when placing an Order – as soon as the Order is placed, the Account is created.

2.1.1.1 The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: ul. Śląska 10, 43-305 Bielsko-Biała.

2.1.2. Order Form – the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the On-line shop. The Order is placed when the Customer completes a total of two consecutive steps – (1) completing the Order Form and (2) clicking the “Buy and pay” box on the Online Shop website after completing the Order Form. – up to this point, it is possible to modify the data entered on your own (for this purpose, please follow the messages displayed and the information available on the website of the Online Shop). In the Order Form it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.

2.1.2.1 The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.

2.1.3 Newsletter – the Newsletter may be subscribed to by ticking the appropriate checkbox when creating an Account – the Customer shall be subscribed to the Newsletter as soon as the Account is created.

2.1.3.1 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to the following address: ul. Śląska 10, 43-305 Bielsko-Biała.

2.2 Technical requirements necessary for the cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enable cookies and Javascript in the web browser.

2.3 The Customer is obliged to use the Online Shop in a manner consistent with the law and good practice with due regard to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4. The procedure of complaint relating to the Electronic Services is described in section 6. 6 of the Terms of use.

3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1 The conclusion of the Contract of Sale between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.2 The Product price displayed on the website of the Online Shop is given in EURO and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established – about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing the will by the Customer to be bound by the Sales Agreement.

3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order at the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller’s statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above email message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 Recording, securing and making available to the Customer the content of the concluded Sales Agreement is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Internet Shop.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:

4.1.1. Cash-on-delivery payment on delivery.

4.1.2. Payment in cash upon personal collection.

4.1.3. Payment by bank transfer to the Seller’s bank account.

4.1.4. Electronic and credit card payments via PayU.pl – the current payment methods are available on the Online Shop website in the information section regarding payment methods and on the website http://www.payu.pl.

4.1.4.1 Electronic payment and payment card transaction settlements are carried out according to the Customer’s choice via the PayU.pl service. Electronic payment and payment card transactions are handled by:

4.1.4.1.1 PayU.pl – the company PayU S.A. with its registered office in Poznań (registered office address: 182 Grunwaldzka Street, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00 fully paid up; NIP: 7792308495.

4.2 Payment term:

4.2.1 If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer shall be obliged to make payment within 7 calendar days of the conclusion of the Sales Agreement.

4.2.2. If the Customer chooses cash-on-delivery or cash-on-pick-up payment, the Customer shall be obliged to make payment upon delivery of the parcel.

5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT.

5.1 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product’s delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop in the information tab concerning delivery costs and during the placing of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

5.2 Personal collection of the Product by the Customer is free of charge.

5.3 The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.3.1. Postal delivery, cash on delivery.

Courier mail, cash on delivery.

5.3.3. Personal collection available at the address: 10 Śląska Street, 43-305 Bielsko-Biała – on Business Days, from 09:00 to 17:00.

5.4 The deadline for delivery of the Product to the Customer shall be up to 21 Business Days, unless a shorter deadline is indicated in the Product description or during Order placement. In the case of Products with different delivery periods, the delivery period shall be the longest period stated, which shall not, however, exceed 21 Business Days. The start of the period for delivery of the Product to the Customer is calculated as follows:

5.4.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, from the date on which the Seller’s bank account or clearing account is credited.

5.4.2. If the Customer chooses cash on delivery payment method – from the date of the conclusion of the Sales Agreement.

5.5 Deadline for Product readiness for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 14 Business Days, unless a shorter deadline is specified in the Product description or during Order placement. In the case of Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date given, which shall not, however, exceed 14 Business Days. The Customer will additionally be informed by the Seller that the Product is ready for collection. The start of the deadline for the readiness of the Product for collection by the Customer is calculated as follows:

5.5.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date on which the Seller’s bank account or settlement account is credited.

5.5.2. If the Customer chooses the method of payment by cash on delivery in person – from the date of conclusion of the Sales Agreement.

6. PROCEDURE FOR HANDLING COMPLAINTS

6.1 This clause 6 of the Terms and Conditions sets out the procedure for handling complaints common to all complaints

submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the On-line shop.

6.2 The basis and scope of liability are set out in generally applicable laws, in particular the Civil Code, Consumer Rights Act and Act on Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 204 as amended).

6.2.1 The detailed provisions concerning the complaint about the Product – movable item – purchased by the Customer on the basis of the Sales Agreement concluded with the Seller until 31. December 2022 shall be determined by the provisions of the Civil Code in the wording in force until 31. December 2022, in particular Articles 556 – 576 of the Civil Code. These provisions define in particular the basis and scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a defect-free Product. Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product purchased in accordance with the preceding sentence towards the Customer who is not a consumer is excluded.

6.2.2. The detailed provisions concerning the complaint about the Product – a movable item (including a movable item with digital elements), excluding, however, a movable item that only serves as a carrier of digital content – purchased by the Customer on the basis of the Sales Agreement concluded with the Seller as of 1. January 2023 shall be determined by the provisions of the Act on the Rights of the Seller. is governed by the provisions of the Consumer Rights Act in the wording in force as of 1 January 2023.

From 1. January 2023, in particular Articles 43a-43g of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability towards the consumer if the Product does not comply with the Sales Agreement.

6.2.3 Detailed provisions relating to complaints of a Product – content or services and digital content or a movable item which serves solely as a carrier of digital content – purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1.1.2023 or

before that date, if the delivery of such Product was to take place or took place after that date, shall be determined by the provisions of the Consumer Rights Act in the wording in force as of 1.January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability towards the consumer if the Product does not comply with the Sales Agreement.

6.3 A complaint may be made, for example:

6.3.1. in writing to the address: ul. Śląska 10, 43-305 Bielsko-Biała;

6.3.2. in electronic form via e-mail to the address: [email protected].

6.4. The Product may be sent or returned under a complaint to the following address: ul. Śląska 10, 43-305 Bielsko-Biała.

6.5 It is recommended to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-compliance with the contract; (2) the demand for the manner of bringing the Product into conformity with the contract or the declaration of price reduction or withdrawal from the contract or any other claim; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.6 If the contact details provided by the complainant change during the complaint handling, the complainant is obliged to notify the Seller.

6.7 The complainant may attach to the complaint the following

evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also request the complainant to provide additional information or send evidence (e.g. photos) if it facilitates and accelerates the handling of the complaint by the Seller.

6.8 The Seller shall respond to the complaint immediately,

no later than within 14 calendar days from the date of its

receipt.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1 Detailed information on the possibility for the Customer who is a consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2 There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, e-mail: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, inter alia, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.

7.3 The consumer has the following examples of out-of-court complaint and redress procedures: (1) an application for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller’s place of business); and (3) the assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at [email protected] and at the consumer helpline number 801 440 220 (the helpline is open on business days, from 8:00 a.m. to 6:00 p.m., call charge as per operator’s tariff).

7.4 A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract (for more information, see the website of the platform itself or the website address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1.The consumer who has concluded a distance contract may, within a period of 14 calendar days, withdraw from the contract without giving any reason and without bearing any costs, with the exception of the costs specified in point 8.8 of the Terms and Conditions. Sending the statement before the deadline is sufficient to meet the deadline. The declaration of withdrawal from the contract may be submitted, for example:

8.1.1. in writing to the address: ul. Śląska 10, 43-305 Bielsko-Biała

8.1.2. in electronic form via e-mail to the following address: [email protected].

8.2. return of the Product – movables (including movables with digital elements) within the withdrawal from the contract may be made to the address: ul. Śląska 10, 43-305 Bielsko-Biała.

8.3 A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Terms and Conditions. The consumer may use the sample form, but it is not obligatory.

8.4.The period for withdrawal from the contract shall begin:

8.4.1.for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1)involves a number of Products which are delivered separately, in batches or in parts-from the taking possession of the last Product, batch or part or (2)consists in the regular delivery of Products for a fixed period-from the taking possession of the first Product;

8.4.2.for other contracts-from the date of conclusion of the contract.

8.5.In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.

8.6.Products – movable goods, including movable goods with digital elements:

8.6.1.The Seller is obliged to reimburse to the consumer immediately, no later than within 14 calendar days from the date of receipt of the consumer’s declaration of withdrawal, all payments made by the consumer, including the costs of delivery of the Product-movable goods, including movable goods with digital elements (except for the additional costs arising from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer. In the case of Products-movable goods (including movable goods with digital elements)-if the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payment received from the consumer until it has received the Product back or the consumer has provided proof of its return, whichever event occurs first.

8.6.2.In the case of Products – movables (including movables with digital elements) – the consumer shall immediately, no later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller offered to collect the Product himself. It is sufficient to send the Product back before the deadline. 8.6.3. The consumer shall be liable for diminution in the value of the Product – movable item (including movable item with digital elements) – resulting from the use of the Product beyond the necessary to ascertain the nature, characteristics and functioning of the Product.

8.7.Digital products-content or digital services:

8.7.1.In the case of withdrawal from a contract for the provision of a Product-digital content or digital service-the Seller, from the date of receipt of the consumer’s statement of withdrawal, may not use content other than personal data provided or created by the consumer during the use of the Product-digital content or digital service-provided by the Seller, except content that: (1) are only useful in relation to the digital content or digital service that was the subject of the contract; (2) relate exclusively to the consumer’s activity during the use of the digital content or digital service provided by the Seller; (3) have been combined by the trader with other data and cannot be extracted from them or can only be extracted with disproportionate effort; (4) have been produced by the consumer jointly with other consumers who can still use them. With the exception of the cases referred to in (1)-(3,) above, the Seller shall, at the request of the consumer, make available to the consumer content other than personal data that has been provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the consumer from further use of the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or by blocking the user account, which shall not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.7.2.In the event of withdrawal from the contract for the provision of a Product-digital content or digital service, the consumer is obliged to stop using that digital content or digital service and making it available to third parties.8.8.Possible costs associated with the withdrawal by the consumer, which the consumer is obliged to bear:

8.8.1.For Products-movable goods (including movable goods with digital elements)-if the consumer has chosen a delivery method for the Product other than the cheapest ordinary delivery method available on the Online Shop, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.8.2 In the case of Products – movable goods (including movable goods with digital elements)- the consumer shall bear the direct costs of returning the Product.

8.8.3. In the case of a Product-service, the performance of which – at the express request of the consumer – has begun before the expiry of the withdrawal period, the consumer who exercises his right of withdrawal after having made such a request, shall be obliged to pay for the services performed until the withdrawal. The amount of payment shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance rendered.

8.9 The right of withdrawal from a distance contract does not apply to consumers in respect of contracts:

8.9.1. (1) for the provision of services for which the consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the consumer, who has been informed before the provision of the service by the Seller that after the Seller has performed the service he will lose the right of withdrawal, and has acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the performance is a Product – a movable item (including a movable item with digital elements)- which is not prefabricated, manufactured to the consumer’s specifications or which serves to satisfy his/her individualised needs; (4)where the subject of the performance is a product – a movable item (including a movable item with digital elements)- which is perishable or has a short shelf life; (5)where the subject of the performance is a product – a movable item (including a movable item with digital elements)- delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery; (6)in which the subject of performance are Products – movables (including movables with digital elements) – which after delivery, due to their nature, are inseparably combined with other movables, including movables with digital elements; (7)in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after the lapse of 30 days and the value of which depends on fluctuations on the market, over which the Seller has no control; (8)in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those the consumer requested or delivers Products – movable goods (including movable goods with digital elements)- other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9)in which the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery; (10)for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract; (11)concluded by means of a public auction; (12)for the provision of accommodation other than for residential purposes, 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 not supplied on a tangible medium for which the consumer is liable to pay the price, if the Seller has begun the performance with the express and prior consent of the consumer, who has been informed before the beginning of the performance that after the Seller’s performance he will lose his right of withdrawal and has acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Art. 15 (1) and (2) or art.21 paragraph 1 of the Consumer Rights Act; (14)for the provision of services for which the consumer is obliged to pay the price in the case of which the consumer expressly requested the Seller to come to the consumer’s place of purchase in order to perform repairs and the service has already been fully performed with the express and prior consent of the consumer.

8.10 The provisions contained in this section 8 of the Terms and Conditions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or Client who is a natural person concluding a contract directly related to his/her business activity, if it follows from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1.The Seller’s liability under warranty for the Product or lack of compliance of the Product with the Sales Agreement is excluded. 9.2.The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

9.3. This clause 9 of the Terms and Conditions and all the provisions contained therein are addressed to and therefore binding only on the Customer or Customer who is not a consumer, and from 1 January 2021 and for Agreements concluded from that date, who is not also a natural person concluding an agreement directly related to his/her business activity, when it follows from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

9.4 The Seller shall have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims by the Customer against the Seller.

9.5. The Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.6 The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.

9.7 The liability of the Service Provider/Seller towards the Customer/Client, irrespective of its legal basis, is limited – both within the framework of a single claim as well as for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than to the amount of one thousand PLN. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of the absence of a Sales Agreement or not related to a Sales Agreement. The Service Provider/Seller shall only be liable to the Service Recipient/Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the carriage of the consignment.

9.8 Any disputes arising between the Seller/Service Provider and the Customer/Customer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.

10. OPINIONS ABOUT PRODUCTS

10.1 The Seller makes it possible for its Customers to issue and access opinions about the Products and the Online Shop under the rules indicated in this section of the Terms and Conditions.

10.2.Issuing an opinion by the Customer is possible after using a form allowing him/her to add an opinion about a Product or an Online Shop. This form can be made available directly on the website of the Online Shop (including via an external widget) or can be made available via an individual link received by the Customer after purchase to the e-mail address provided by the Customer. When adding an opinion, the Customer may also add a graphical assessment or a photograph of the Product – if such an option is available in the opinion form.

10.3 An opinion on a Product may be issued only for the Products actually purchased from the Seller’s online shop and by the Customer who purchased the Product being reviewed. It is prohibited to conclude fictitious or sham Sales Agreements in order to issue an opinion on a Product. An opinion about the Online Shop may be issued by a person who is a Customer of the Online Shop.

10.4 Adding opinions by Clients may not be used for illegal activities, in particular for activities constituting an act of unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good morals.

10.5. Opinions can be made available directly on the website of the Online Shop (e.g. next to a given Product) or in an external opinion-gathering service with which the Seller cooperates and to which it is linked on the website of the Online Shop (including by means of an external widget placed on the website of the Online Shop).

10.6.The Seller ensures that the published opinions about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following steps to check whether the opinions come from its Customers:

10.6.1.Publication of an opinion issued using a form available directly on the website of the Online Shop requires prior verification by the Service Provider. Verification consists in checking compliance of an opinion with these Terms and Conditions, in particular checking whether the person giving an opinion is a client of the Online Store – in this case the Seller checks whether the person made a purchase at the Online Store, and in the case of an opinion on a Product, additionally checks whether he or she purchased the reviewed Product. The verification takes place without undue delay.

10.6.2.The Seller sends to its Customers (also by means of an external feedback service with which it cooperates) an individual link to the e-mail address provided by the Customer at the time of purchase – in this way, access to the feedback form is granted only to the Customer who purchased the Product from the Online Shop.

10.6.3.In case of doubts of the Seller or objections directed to the Seller by other Clients or third parties as to whether a given opinion comes from a Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is in fact a Customer of the Internet Shop or that he or she purchased the reviewed Product.

10.7.Any objections, appeals against the verification of an opinion, or objections as to whether a given opinion comes from a Customer or whether a given Customer has purchased a given Product may be submitted in a manner analogous to the complaint procedure indicated in Section 6 of the Terms and Conditions.

10.8 The Seller does not place or commission another person to place false opinions or recommendations of the Clients and does not distort the opinions or recommendations of the Clients in order to promote their Products. The Seller shall make available both positive and negative opinions. The Seller does not provide sponsored opinions.

11. FINAL PROVISIONS

11.1 Contracts concluded through the Online Shop shall be concluded in the English language.

11.2 Change of Terms and Conditions:

11.2.1 The Service Provider reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in legislation; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

11.2.2 In the case of conclusion of continuous agreements on the basis of these Terms and Conditions (e.g. provision of Electronic Services – Account), the amended Terms and Conditions shall be binding upon the Customer if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 15 calendar days from the date of notification. In the event that the change to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Customer has the right to withdraw from the contract.

11.2.3 In the case of conclusion of agreements of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Agreements concluded, executed or performed.

11.3 Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of universally applicable law.

11.4 These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him/her on the basis of the provisions that cannot be excluded by contract.

12. MODEL WITHDRAWAL FORM (ANNEX NO 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form

(this form must be completed and returned only if you wish to withdraw from the contract)

– Addressee:

“DUDEK” WIESŁAW DUDEK

ul. Śląska 10, 43-305 Bielsko-Biała

doodush.com [email protected]

– I/We(*) hereby give notice of my/our withdrawal from the contract of sale of the following goods(*) the contract for delivery of the following goods(*) the contract for workmanship of the following goods(*)/provision of the following service(*)

– Date of conclusion of the contract(*)/of receipt(*)

– Full name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is sent on paper)

– Date

(*) Delete where not applicable.