Statute

The conclusion of a contract between the Buyer and the Seller may take place in two ways.
Before placing an order, the Buyer has the right to negotiate any provisions of the contract with the Seller , including those amending the provisions of the following regulations. These negotiations should be conducted in writing and sent to the Seller's address (MATERIA LANDSCAPE Justyna Ziółkowska Trujillo, ul. Włókiennicza 12/1U, 90-211 Łódź). If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and applicable legal provisions shall apply.

STATUTE

§1 Definitions

  1. Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
  2. Complaint address :

    groovy

    street Włókiennicza 12/1U, 90-211 Łódź

  3. Contact details:

    DON TRUJILLO , street Włókiennicza 12, 90-211 Łódź

    e-mail: hola@dontrujillo.com telephone: 502 666 379
  4. Delivery – type of transport service along with the carrier and cost listed in the delivery price list
  5. Proof of purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other relevant legal provisions.
  6. Product card – a single subpage of the store containing information about a single product .
  7. Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
  8. Civil Code - the Civil Code Act of April 23, 1964, as amended.
  9. Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
  10. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to his or her business or professional activity.
  11. Basket – a list of products prepared from the products offered in the store based on the Buyer's choices.
  12. Buyer – both Consumer and Customer .
  13. Place of delivery of the item - postal address or collection point indicated in the order by the Buyer .
  14. The moment of delivery of the item - the moment when the Buyer or a third party indicated by him to collect the item takes possession of the item.
  15. ODR online platform - an EU website operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/ 22/EC and available at https://webgate.ec.europa.eu/odr
  16. Payment – ​​method of payment for the subject of the contract and delivery
  17. Authorized entity - an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
  18. Consumer law - Consumer Rights Act of May 30, 2014.
  19. Product – the minimum and indivisible quantity of items that may be the subject of an order , and which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
  20. Subject of the contract – products and delivery that are the subject of the contract.
  21. Subject of performance – subject of the contract.
  22. Collection point - place of delivery of items other than the postal address, listed in the list provided by the Seller in the store .
  23. UOKiK Register - register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/prezent_podmiesz_uprawnionych.php
  24. Item – a movable item that may be or is the subject of a contract .
  25. Store – online service available at dontrujillo.com , through which the Buyer can place an order .
  26. Seller : Materia Landscape Justyna Ziółkowska Trujillo ul. Włókiennicza 12/1U, 90-211 Łódź
    NIP: 7262682547, REGON: 387089655, registered and visible in the CEIDG register at: https://aplikacja.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=dbebda0f-01d2-4588-961e-5004d31a75b7 BANK ACCOUNT: 20 2490 0005 0000 4530 2870 3089
  27. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
  28. Delivery time – the number of hours or business days specified on the product card .
  29. Agreement - an agreement concluded outside the business premises or remotely within the meaning of the Consumer Rights Act of May 30, 2014 in the case of Consumers and a sales agreement within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers .
  30. Defect – both a physical and legal defect.
  31. Physical defect - inconsistency of the sold item with the contract, in particular if the item:
  • it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
  • does not have properties that the Seller has assured the Consumer about,
  • it is not suitable for the purpose about which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to its intended use;
  • was delivered to the Consumer in an incomplete condition;
  • in the event of its incorrect installation and startup, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller ; it does not have the properties guaranteed by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity and the person who, by placing his name, trademark or other distinguishing mark on the item sold, presents himself as the manufacturer, unless The Seller did not know these assurances or, judging reasonably, could not have known them, or they could not have influenced the Consumer's decision to conclude the contract , or if their content was corrected before concluding the contract.

33. Legal defect - a situation when the sold item is the property of a third party or is encumbered with the rights of a third party, as well as if the limitation in the use or disposal of the item results from a decision or ruling of a competent authority.

34. Order - the Buyer's declaration of will submitted via the store , clearly specifying: the type and quantity of products ; type of delivery ; payment method ; place of delivery of the item , Buyer's data and directly leading to the conclusion of a contract between the Buyer and the Seller .

§2 General conditions

  1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
  2. The place of delivery of the goods must be in the territory of the Republic of Poland .
  3. The Seller is obliged and undertakes to provide services and deliver items free from defects .
  4. All prices given by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include delivery costs, which are specified in the delivery price list . All deadlines are calculated in accordance with Art. 111
  5. , i.e. a period marked in days ends on the expiry of the last day, and if the beginning of the period marked in days is a certain event, the day on which this event occurred is not taken into account when calculating the deadline.
  6. Confirmation, disclosure, recording and securing of all material provisions of the contract in order to obtain access to this information in the future takes place in the form of:
    • order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in a pdf version, a sample withdrawal form in a pdf version, links to independently download the regulations and a sample withdrawal from the contract;
    • attaching to the completed order , sent to the indicated place of issue of printed items : proof of purchase , information on the right to withdraw from the contract, these regulations, sample withdrawal form.
  7. The Seller informs about known guarantees granted by third parties for products available in the store .
  8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the contract concluded with a third party providing him with a specific service enabling distance communication.
  9. The Seller ensures that the Buyer using the system will operate the store correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a resolution horizontal above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the dontrujillo.com store, they should all be disabled.
  10. The buyer may choose to have his/her data remembered by the store in order to facilitate the process of placing another order . For this purpose, the Buyer should provide the login and password necessary to gain access to his account. The login and password are a sequence of characters set by the Buyer , who is obliged to keep them secret and protect them against unauthorized access by third parties. The buyer has the opportunity to view, correct, update data and delete the account in the store at any time.
  11. The Seller complies with the Code of Good Practices .
  12. The buyer is obliged to:
  • not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
  • use the store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
  • not to take actions such as: sending or posting unsolicited commercial information in the store (spam),
  • use the store in a way that is not inconvenient for other Buyers and the Seller,
  • use all content posted in the store only for your own personal use,
  • use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general principles of netiquette.

§3 Conclusion of the contract and implementation

  1. Orders can be placed 24 hours a day.
  2. In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
    • adding a product to the cart ;
    • selecting the type of delivery ;
    • selection of payment type;
    • choosing the place of delivery of the goods ;
    • placing an order in the store by using the " Order " button.
  3. The contract with the Consumer is concluded when the order is placed.
  4. The Consumer's order paid on delivery is processed immediately, and the order paid by transfer or via the electronic payment system is processed after the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order , unless the Consumer was unable to fulfill the benefit due to his fault and informed the Seller about it.
  5. The contract with the Customer is concluded upon acceptance of the order by the Seller , of which he informs the Customer within 48 hours of placing the order .
  6. The Customer's cash on delivery order is processed immediately after concluding the contract , and the order paid by bank transfer or via the electronic payment system is processed after concluding the contract and posting the Customer's payment on the Seller's account.
  7. The fulfillment of the Customer's order may depend on payment of all or part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller's consent to sending the order on delivery (paid on delivery).
  8. The subject of the contract is shipped within the time specified on the product card , and for orders composed of multiple products , within the longest time specified on the product card . The period begins when the order is completed.
  9. The purchased subject of the contract , together with the sales document selected by the Buyer, is sent by the type of delivery selected by the Buyer to the place of delivery of the goods indicated by the Buyer in the order, together with the attached attachments referred to in §2 point 6.

§4 Right to withdraw from the contract

  1. The consumer is entitled pursuant to Art. 27 of the Consumer Law , the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 Consumer Law .
  2. The deadline for withdrawing from a distance contract is 14 days from the date of delivery of the item , and to meet the deadline, it is enough to send a statement before its expiry.
  3. The Consumer may submit a declaration of withdrawal from the contract on the form, the template of which is attached as Annex 2 to the Consumer Law , on the form available at or in another form consistent with the Consumer Law .
  4. The Seller will immediately confirm to the Consumer the receipt of the declaration of withdrawal from the contract by e-mail (provided when concluding the contract and another if it was provided in the submitted declaration).
  5. In the event of withdrawal from the contract, the contract is considered null and void.
  6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
  7. The consumer returns the items that are the subject of the contract from which he withdrew at his own expense.
  8. The consumer does not bear the costs of providing digital content that is not recorded on a tangible medium if he or she did not consent to the provision of the service before the deadline to withdraw from the contract or was not informed about the loss of his or her right to withdraw from the contract at the time of granting such consent or the entrepreneur did not provided confirmation in accordance with Art. 15 section 1 and art. 21 section 1. Consumer law .
  9. The consumer is responsible for reducing the value of the item that is the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
  10. The Seller will immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer , refund all payments made by the Consumer , including the costs of delivering the goods to the Consumer , and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by Seller , the Seller will not refund additional costs to the Consumer in accordance with Article 33 of the Consumer Law .
  11. The Seller refunds the payment using the same payment method used by the Consumer , unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.
  12. The Seller may withhold the refund of the payment received from the Consumer until he receives the item back or until the Consumer provides proof of sending it back, depending on which event occurs first.
  13. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
    • 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 deadline for withdrawal from the contract;
    • in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
    • in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
    • in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    • in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
    • in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    • for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Warranty

  1. Seller pursuant to Art. 558§1 of the Civil Code completely excludes liability towards customers for physical and legal defects (warranty).
  2. The Seller is liable to the Consumer under the terms set out in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
  3. In the case of a contract with a Consumer, if a physical defect is detected within one year from the date of delivery of the item , it is assumed that it existed at the time the danger passed to the Consumer .
  4. If the sold item has a defect , the consumer may:
    • submit a declaration requesting a price reduction;
    • submit a declaration of withdrawal from the contract;
    • unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller
      has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect, he is not entitled to have the item replaced or the defect removed.
  5. The Consumer may, instead of removing the defect proposed by the Seller , request replacement of the item with a defect-free one or instead of replacing the item, request removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller . , however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found, and the inconvenience to which the Consumer would be exposed to another method of satisfaction are taken into account.
  6. The consumer cannot withdraw from the contract if the defect is minor.
  7. If the sold item has a defect, the consumer may also:
    • demand that the item be replaced with a defect-free one;
    • demand removal of the defect.
  8. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
  9. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible method of bringing it into compliance with the contract.
  10. If the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacing it with a defect-free one or removing the defect, but he or she is obliged to bear part of the related costs exceeding the price of the item sold or may demand that the Seller pay part of the costs. disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller , the Consumer is authorized to perform these activities at the expense and risk of the Seller .
  11. A Consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if, due to the type of item or the method of its installation, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where where the thing is located. If the Seller fails to fulfill the obligation, the Consumer is entitled to return the item at the Seller's expense and risk.
  12. The costs of replacement or repair are borne by the Seller , except for the situation described in §5 point 10.
  13. The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the contract.
  14. The Seller will respond within fourteen days to the provisions based on Art. 561 5 of the Civil Code : declarations requesting a price reduction, requesting the replacement of the item with a defect-free one, requesting the removal of the defect. The Seller will respond within thirty days (Article 7a of the Consumer Law ) to any other declaration of the Consumer that does not apply to the fourteen-day period specified in the Civil Code . Otherwise, it is deemed that the Consumer's statement or request is justified.
  15. The Seller is liable under the warranty if a physical defect is detected within two years from the date of delivery of the item to the Consumer , and if the subject of the sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer .
  16. The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free one expires after one year from the date of detection of the defect, but not earlier than two years from the date of delivery of the item to the Consumer , and if the subject of the sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer. handing over the item to the Consumer .
  17. If the shelf life of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer , the Seller is liable under the warranty for physical defects of the item found before the expiry of this period.
  18. Within the deadlines specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer requested that the item be replaced with a defect-free one or that the defect be removed, the deadline for submitting a declaration of withdrawal from contract or price reduction begins upon the ineffective expiry of the deadline for replacing the item or removing the defect.
  19. In the event of an investigation before a court or arbitration court of one of the rights under the warranty, the deadline for exercising other rights to which the Consumer is entitled in this respect is suspended until the final conclusion of the proceedings. It also applies accordingly to mediation proceedings, however, the deadline for exercising other warranty rights to which the Consumer is entitled begins to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.
  20. §5 points 15-16 shall apply to the exercise of rights under the warranty for legal defects of the sold item, except that the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of claim by a third party - from the date on which the judgment issued in the dispute with the third party became final.
  21. If, due to a defect in the item, the Consumer has made a declaration of withdrawal from the contract or price reduction, he or she may demand compensation for the damage suffered by concluding the contract without being aware of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses incurred to the extent that he did not benefit from them and did not receive them from a third party, and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to repair damage on general principles.
  22. The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
  23. If the Seller is obliged to provide a service or financial benefit to the Consumer , it will be performed without undue delay, no later than the deadline provided for by law.

§6 Privacy policy and personal data security

  1. The administrator of personal data databases provided by Consumers store Is Seller .
  2. Seller undertakes to protect personal data contained in the Act of May 10, 2018. about personal data protection. Buyer by providing your personal data when placing an order To the seller consents to their processing by Seller in order to complete the placed order. Buyer has the opportunity to view, correct, update and delete his personal data at any time.
  3. Detailed rules for collecting, processing and storing personal data used for implementation purposes orders By store are described in the Privacy Policy.

§7 Final provisions

    1. None of the provisions of these regulations are intended to violate the rights of the Buyer . It cannot also be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the regulations.
    2. Registered Buyers will be notified about changes to the regulations and their scope electronically (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.
    3. During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the regulations accepted by him when placing the order. Except for the situation when the Consumer considers it less favorable than the current one and informs the Seller about choosing the current one as binding.
    4. In matters not regulated by these regulations, the relevant legal provisions in force shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods of pre-judicial or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those included in the Office of Competition and Consumer Protection (UOKiK) register. The Seller declares its intention and consents to out-of-court resolution of the consumer dispute.

Ultimately, the matter is resolved by the court with local and material jurisdiction.