TERMS AND CONDITIONS OF THE ONLINE STORE
www.diamondfreak.com
The online store operating at www.diamondfreak.com is run by Diamond Labs Anna Kwaśnik, located in Pionki (26-670), ul. Różana No. 8/32, registered in the Business Activity Register maintained by the minister competent for economic affairs, with NIP: 7962631724, REGON: 540533505, hereinafter referred to as the “Seller.” The store has designated an electronic contact point intended for direct communication with the authorities of the Member States, the Commission, and the Digital Services Council: hello@diamondfreak.com. This same contact point can be used by any Customer for direct and prompt communication with the Store. Communication may be conducted in Polish or English.
§ 1
GENERAL PROVISIONS
- The following meanings are established for the words:
- TERMS AND CONDITIONS – these terms and conditions,
- CLIENT – a natural person, legal person, or organizational unit without legal personality but having legal capacity, who places an Order in the Online Store under the terms specified in these terms and conditions,
- ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person having the status of an entrepreneur, registered in the CEIDG register, placing an Order within the scope of their business activity, but not related to the professional nature of that activity; this status applies only to clients having a delivery address or registered office in Poland,
- CONSUMER – a Client who is a natural person using the Online Store for purposes not directly related to their business or professional activity,
- GOODS, PRODUCT – a movable thing presented in the Online Store, which is the subject of the Sales Agreement,
- SALES AGREEMENT – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client, using the Online Store website,
- ONLINE STORE (STORE) – an online service available at www.diamondfreak.com through which the Client may place an Order,
- ORDER – a declaration of will by the Client clearly specifying the type and quantity of Goods, directly aimed at concluding a Sales Agreement,
- ORDER PROCESSING TIME – the number of business days needed by the Seller to assemble the order placed by the Client in the Store and deliver it via a postal operator or courier company to the address indicated by the Client in the Order,
- ACCOUNT – a Store functionality enabling the purchase of goods, access to the history of orders placed via the Store, viewing the fulfillment of orders placed via the Store, access to data provided during registration with the possibility of modification in accordance with these Terms and Conditions,
- These Terms and Conditions specify the rules for using the Online Store by Clients, in particular the rules for concluding sales agreements for products through it, performing those agreements, and handling complaints.
- Every Client purchasing products offered by the Store is obliged to familiarize themselves with the content of these Terms and Conditions.
§ 2
TECHNICAL CONDITIONS FOR PLACING ORDERS
- Technical requirements necessary to use the Store’s services:
a. internet connection,
b. properly configured browser,
c. current, active, and correctly configured email account,
d. monitor with a resolution of no less than 360×640 px for phones, 768×1024 px for tablets, and 1366×768 px for computers,
e. enabled support for Cookies and JavaScript,
f. software to read PDF files. - In case the Client uses hardware or software that does not meet the technical requirements specified above, the Store does not guarantee the proper functioning of the service and reserves the right to state that this may negatively affect the quality and course of the Order placement procedure.
- The Store does not use automated decision-making in its operations. The Store may use profiling for direct marketing purposes; however, decisions made based on profiling do not concern the conclusion or refusal of a contract, nor the possibility of using electronic services. The effect of profiling may be, for example, granting a discount to a person, sending them a discount code, sending a product proposal that may match the interests or preferences of that person, or offering better conditions compared to the standard offer. Despite profiling, the person freely decides whether to use the received discount or better conditions and make a purchase.
§3
RULES FOR USING THE STORE
- Registration in the Store is free of charge and not mandatory.
- Registration in the Store takes place based on a correctly completed registration form, in which the Client provides necessary identification data (first name, last name), email address, and password; the current Store Terms and Conditions are accepted, along with a statement consenting to the processing of personal data to the extent necessary for the proper fulfillment of the Client’s Orders. Registration of an account can also be made by checking the appropriate box during the Order placement process. A confirmation message will be sent to the Client’s email address provided in the registration form. Upon receiving the registration confirmation message, an agreement regarding the account management is concluded between the Client and the Store.
- After registering in the Store, logging in is done using the data provided in the registration form or modified based on a subsequent request from the Client.
- To delete the Client’s account from the Store (terminate the agreement), an email request to delete the account should be sent to the email address: [e-mail], including identification data of the Client currently registered in the Store, or the appropriate option in the account settings should be selected. This does not apply if the Store is in the process of fulfilling an Order placed by the Client. In such a case, the termination of the agreement takes effect upon completion of the respective Order.
- The Store allows placing Orders without the need to register or log in to the Store. In this case, the Client is obliged, each time during the Order placement process, to fill out an electronic form by providing data required by the Store for identification and for concluding and performing the Sales Agreement (first name and last name, email address, phone number, delivery address). The Client is required to accept the current Terms and Conditions along with a statement consenting to the processing of personal data for the purposes of the Order. Lack of registration in the Store means the Client does not have an account, which enables access to automatic Order tracking.
§ 4
CONTENT PROTECTION
- Clients are prohibited from providing content that is illegal or otherwise violates the Terms and Conditions. Such content includes, among others, content that:
- is inconsistent with the Store’s subject matter — statements should relate to content appearing within the Store, i.e., issues related to the offered products and their use;
- concerns technical matters related to the Store’s functioning — technical matters should be reported by Clients electronically to the Store’s email address;
- contains links leading to other websites or files;
- is used for unauthorized advertising, promotional, or marketing activities, in particular by posting advertisements, selling, and promoting products, services, projects, or fundraising;
- is used for activities prohibited by law, e.g., attempts at fraud and extortion of funds from other Buyers;
- incites violence against any living beings, including animals, or endorses such violence;
- promotes any fascist or other totalitarian regime;
- incites hatred or dangerous behavior or endorses such behavior;
- defames, insults, or in any way infringes the rights of third parties;
- contains vulgarities or other offensive content;
- violates the applicable legal order or good manners in any other way.
- If the above guidelines are violated, the Seller reserves the right to moderate and remove such content without notifying the poster. Posting the aforementioned content in the Store may lead to consequences specified in these Terms and Conditions, including account removal or blocking the possibility to make purchases.
- A Client who believes that certain content in the Online Store is illegal or violates the Terms and Conditions may report it to the Seller. The report should be sent electronically, containing a precise indication of the content in question, justification for its removal, and the contact details of the reporting party. Anonymous reports will not be considered.
- Reports will be reviewed within 14 days from receipt. The reporter will receive confirmation of the report’s receipt. The Seller will notify the Client of the decision electronically or in writing.
- The Seller’s decision may consist of removing the content or leaving it in the Store.
- Parties may appeal the Store’s decision within 14 days of receiving the justification for the content removal. The decision regarding the appeal is final.
§ 5
PLACING ORDERS AND CONCLUDING SALES AGREEMENS
- Information about the available assortment in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- By placing an Order, the Client submits an invitation to conclude a sales contract for the ordered Products in the Store. The process of ordering a Product begins with confirmation of the service features via the Product page. The Client is informed about the expected order fulfillment time, product availability, price, payment methods, and possible delivery options. To deliver the product, the Client is obliged to provide or verify their address data if previously registered. Before placing the order (by using the “Order and Pay” button), the Client confirms that they have read these Terms and Conditions, including consent to the processing of personal data necessary for the Order.
- The confirmation of Order acceptance sent by the Store to the Client’s provided email address constitutes a statement of acceptance of the invitation referred to above. If the Client stops using the service and leaves the Store before confirming the Order (by clicking the “Order and Pay” button), no contract is concluded.
- A Client purchasing as an entrepreneur is obliged to provide their VAT number (NIP) when placing the Order; otherwise, it is assumed that they are buying as a Consumer. After issuing the invoice, it is not possible to change the purchaser, including converting an invoice issued to a consumer into one issued to an entrepreneur or vice versa.
- The assessment of whether a Client who is an entrepreneur registered in the CEIDG register has the status of an Entrepreneur with Consumer rights is made by the Store on an individual basis and based on any statements provided by the Client during the Product ordering process.
- To place an Order, the Client is obliged to select from the Store’s available options: ordered products, delivery method, payment method, and provide the delivery address. The selection is made by choosing the product and adding it to the cart.
- The Client may select any quantity of products for the Order from the quantity of the given Product available for Orders, and after proceeding to the cart, they will receive a summary of the selected Products. If the quantity of Products is limited, the Store will indicate this information on the product page.
- In the event of unavailability of Products covered by the Order in the warehouse, at the Store’s suppliers, or for other reasons preventing fulfillment of the Client’s Order, the Store shall inform the Client of this fact no later than 14 (fourteen) days from the date of placing the Order. In such case, the Client has the right to decide whether they agree to fulfill the Order within the period proposed by the Store or to withdraw from the contract. In the event that part of the Order cannot be fulfilled as mentioned above, the Client will be informed of the Order status and decide on how to proceed. The Client may choose between:
- partial fulfillment – the Client’s choice of this option results in the fulfillment of the Order only for available Products;
- cancellation of the entire Order (withdrawal).
In case of withdrawal from the contract, the Store shall refund the amount paid by the Client as the price. The notification will be sent to the email address provided by the Client in the Order or registration form. If no decision is made within 7 (seven) days from the notification, the Order will be canceled in part for the unavailable Products.
§ 6
PRODUCT PRICES AND PAYMENT METHODS
- The price indicated for each Product is binding at the moment the Client places the Order. The prices of goods listed on the Store’s website include VAT (if applicable based on the delivery location of the Product) and do not include delivery costs. The price may include an individually applied discount or rebate granted to the Client automatically — this information is included in the Order summary.
- Delivery of goods is carried out through the following options offered in the Store:
- via courier company:
- Inpost,
- DPD International.
- Information about delivery costs is available during the ordering process before placing the Order.
- Delivery costs will be included in the Product prices depending on the ordered goods and the Client’s choice of delivery method when placing the Order.
- The Seller provides the Client with the following payment methods for Products:
- Payment cards:
- Visa,
- Visa Electron,
- Mastercard,
- Mastercard Electronic,
- Maestro.
- Electronic payments.
- The entity providing online payment services is Autopay S.A. headquartered in Sopot, ul. Powstańców Warszawy 6, registered at the District Court Gdańsk-North in Gdańsk, 8th Commercial Division of the National Court Register under number 0000320590, with a share capital of 2,205,500 PLN (fully paid), NIP: 585-13-51-185; registered in the register of payment service providers under number IP17/2013.
- If the Order is placed and payment is not recorded for that Order within 24 hours, the Order will be cancelled.
- The Order will be delivered within the time specified in the Order confirmation and previously accepted by the Client, but no later than 14 (fourteen) days from the date the contract is concluded. The Store’s product page indicates the estimated shipping time.
- For some Products or upon reaching a specified Order value, the delivery cost will be borne by the Store, which the Client is informed about each time before placing the Order.
- The Store may announce promotions on Products on its website. In such cases, if the Client has a discount coupon, they may use it — within the applicable promotion — by entering the discount code after proceeding to the shopping cart and clicking “Add.” After verification of the discount code, the Store system will apply it to the Order settlement, which will be automatically reflected by a change in the Order price or the addition of other discount options depending on the type of discount coupon.
§ 7
PRODUCT DELIVERY TERMS
- Ordered products are delivered to the address specified within Poland or the EU, according to the Client’s wishes expressed in the order form.
- When the Client chooses courier delivery, the handover of the goods to the Client occurs at the moment the Seller hands over the ordered products to the courier company. By selecting courier delivery in the order, the Client authorizes the courier to collect the goods on their behalf.
- The Client bears the cost of shipping the ordered products, which they are informed of upon acceptance of the order.
- The cost of delivery and the total order fulfillment time depend on the delivery method chosen by the Client.
- The Client is clearly informed about the delivery costs before placing the order, within the order form on the Store’s website, after selecting the delivery method.
- Each shipped product includes proof of purchase and information on the right to withdraw from the contract, along with a sample withdrawal form to facilitate the process, and information on complaint rights with a sample complaint form. These sample forms are for guidance only and are not binding for the Client.
- If the Client requests a VAT invoice, they simultaneously agree to receive the VAT invoice without a signature.
- The Seller recommends that the Client checks the packaging for any damage before accepting the courier shipment. If visible damage is found, the Client should refuse to accept the shipment, document the damage in the presence of the postal or courier employee by preparing a damage report, and immediately contact the Seller.
§ 8
COMPLAINTS
- The Store is obligated to deliver the Product in accordance with the contract and free from defects, as well as to properly perform the agreed services.
- In the event of discovering defects in the delivered goods, the Customer may, at their discretion, exercise warranty rights, provided a warranty has been granted, and also rights arising from the Seller’s liability under statutory warranty (rękojmia). Warranty rights and rights arising from statutory warranty are independent of each other.
- The Store is responsible for the lack of conformity of the goods with the contract that exists at the time of delivery and is revealed within two years from that moment, unless the shelf life of the Product specified by the Store, its legal predecessors, or persons acting on their behalf is longer. It is presumed that the lack of conformity of the goods with the contract revealed before the expiration of two years from the moment of delivery existed at the time of delivery, unless proven otherwise or if this presumption is incompatible with the nature of the goods or the type of non-conformity.
- For contracts concluded with Consumers and Entrepreneurs with consumer rights, the Store is liable under statutory warranty and/or contractual liability for the services provided. This liability is excluded towards Customers with other status.
- The Product is compliant with the contract if, in particular, the following remain compliant with the contract:
a. Features such as description, type, quantity, quality, completeness, and functionality;
b. Fitness for a particular purpose for which the Product is needed by the Customer, of which the Customer notified the Store no later than at the time of concluding the contract and which the Store accepted;
c. Suitability and fitness for purposes for which products of this kind are usually used, taking into account applicable laws, technical standards, or good practices;
d. Quantity and features, including durability and safety, typical for products of this kind and which the Customer can reasonably expect considering the nature of the Product;
e. Method of delivery together with packaging, accessories, and instructions whose delivery the Customer can reasonably expect;
f. Quality that must correspond to the same quality as the sample or pattern the Store provided to the Customer before concluding the contract and correspond to the description of such a sample or pattern. - In case of detecting defects in the delivered product or provided services, the Customer may file a complaint and inform the Store about observed irregularities and document them for verification of the claims. Complaints can be submitted electronically or in writing to PRO-LOGIS, ul. Piotra Bardowskiego 10, 03-888 Warsaw.
- The Store undertakes to consider the complaint within 14 (fourteen) days from the date of its submission and to inform the Customer about the decision and further procedure in writing or by email to the email address provided in the complaint or by another durable medium.
- In case of non-compliance of the Product with the contract, the Customer may demand its repair or replacement. The Store may replace the product if the Customer demanded its repair or repair it if the Customer demanded its replacement only if ensuring conformity of the product with the contract in the initially chosen manner by the Customer is impossible or would involve excessive costs. If repair and replacement are impossible or would involve excessive costs for the entrepreneur, they may refuse to bring the product into conformity with the contract. In such a case, the Customer may submit a statement on the price reduction or withdraw from the contract. When assessing excessive costs for the Store, all circumstances of the case are taken into account, in particular the significance of the lack of conformity, the value of the Product compliant with the contract, and excessive inconvenience for the Customer resulting from changing the method of bringing the Product into conformity with the contract.
- The Customer may submit a statement on the price reduction or withdraw from the contract if the Product is non-compliant with the contract when:
- The Store refused to bring the Product into conformity with the contract;
- The Store did not bring the Product into conformity with the contract;
- The lack of conformity persists despite the Store’s attempts to bring the Product into conformity;
- The lack of conformity is so significant that it justifies immediate price reduction or contract withdrawal;
- It clearly results from the Store’s statement or circumstances that it will not bring the Product into conformity within a reasonable time or without undue inconvenience to the Customer.
- The reduced price must be proportional to the price under the contract in the ratio of the value of the non-compliant goods to the value of compliant goods. The Store shall refund amounts due from exercising the right to reduce the price immediately, no later than 14 days from the day of receiving the Customer’s statement on the price reduction.
- The Customer may not withdraw from the contract if the lack of conformity is insignificant. It is presumed that the lack of conformity is significant.
- The Store is obliged to carry out repair or replacement within a reasonable time from the moment it was informed by the Customer about the lack of conformity and without undue inconvenience to the Customer, considering the nature of the goods and the purpose for which the Customer purchased it. The Store bears the costs of repair or replacement, including postal charges, transport, labor, and materials. The Customer is obliged to make the Product subject to repair or replacement available to the Store. The Store collects the product from the Customer at its own cost. The Store does not accept shipments sent cash on delivery. In some cases, sending the complained Product is not necessary, and the Store may limit itself to inspecting photos provided by the Customer, which it will inform about after receiving the complaint.
- The Customer is not obliged to pay for normal use of the goods that were subsequently replaced.
- If the lack of conformity concerns only some of the goods delivered under the contract, the Customer may withdraw from the contract only concerning those goods, and also concerning other goods purchased by the Customer together with the non-compliant goods if it cannot be reasonably expected that the Customer will agree to keep only the compliant goods.
- In case of withdrawal from the contract, the Customer immediately returns the goods to the Store at the Store’s expense. The Store refunds the Customer immediately, no later than 14 days from the day of receiving the goods or proof of their dispatch, using the same payment method used by the Customer unless the Customer explicitly agreed to a different method that does not entail any costs for them.
- In case of a dispute between the Store and the Customer regarding the justification of refusing to accept a complaint, a Consumer Customer has the right to use out-of-court complaint handling and claims procedures. The Customer may use mediation or arbitration by submitting to the institution before which the proceedings will be conducted the appropriate form – a request for mediation or a request for arbitration. A list of example institutions with contact details is available on www.uokik.gov.pl. Additionally, at http://ec.europa.eu/consumers/odr, the Consumer has access to online dispute resolution via the EU online platform (ODR platform). This right does not apply to Entrepreneurs with consumer rights.
§ 9
RIGHT OF WITHDRAWAL FROM THE CONTRACT
- A Client who is a Consumer or an Entrepreneur with consumer rights may withdraw from the contract without giving any reason within 14 days from the date of receiving the shipment. They should then submit a statement of withdrawal from the contract and return the Goods to the Store. To submit the withdrawal statement, you can use the withdrawal form attached to the Terms and Conditions. The deadline is considered met if the Consumer or Entrepreneur with consumer rights sends the withdrawal statement in writing to the Seller’s address or by electronic means to the e-mail: hello@diamondfreak.com no later than on the last day of the 14-day period. The Seller, upon receipt of the withdrawal statement sent electronically or by postal address, shall immediately confirm its receipt by sending information to the email address of the withdrawing party. A withdrawal statement submitted after the above-mentioned deadline shall have no legal effect.
- Goods should be returned in an unchanged and complete condition, without signs of use, unless the change was necessary within the scope of ordinary management, i.e. the Consumer or Entrepreneur with consumer rights should handle the Goods considering the necessity of their possible later return. They bear responsibility for any reduction in the value of the item resulting from use beyond what is necessary to establish the nature, features, and functioning of the item. If the returned Goods are incomplete or show signs of use beyond ordinary management, the Store reserves the right to refuse acceptance of the shipment or reduce the refunded amount by the value of the damaged goods, at the Store’s discretion.
- The right of the Consumer or Entrepreneur with consumer rights to withdraw from the contract does not apply if the subject of the Order is, among others, a contract:
a. for the provision of services for which the consumer is obliged to pay, if the entrepreneur has fully performed the service with the explicit and prior consent of the consumer, who was informed before the service began that after the performance by the entrepreneur, they lose the right to withdraw from the contract, and has acknowledged this;
b. in which the subject of the service is a non-prefabricated good made according to the consumer’s specification or serving to satisfy their individualized needs;
c. in which the subject of the service is a good liable to spoil quickly or having a short shelf life;
d. in which the subject of the service is a good delivered in a sealed package which, after opening, cannot be returned for health protection or hygiene reasons if the package was opened after delivery;
e. in which the subject of the service are goods which, after delivery, due to their nature, become inseparably connected with other items. - The returned Goods should be sent back no later than within 14 days from withdrawal from the contract, along with the withdrawal statement, to the address: PRO-LOGIS, ul. Piotra Bardowskiego 10, 03-888 Warsaw. The Consumer or Entrepreneur with consumer rights bears only the direct costs of returning the Product (return shipping costs).
- In the case of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights, including delivery costs, shall be refunded to the Consumer or Entrepreneur with consumer rights immediately, but no later than within 14 days from the day the Store receives the withdrawal statement.
- Refunds made by card payment or electronic transfer shall be returned to the bank account from which the payment was made, unless the Client explicitly provides a different refund instruction before the refund is made that does not generate additional costs for them (e.g., in the withdrawal statement).
- The Store may withhold the refund of payments received from the Buyer until it receives the returned goods from the Buyer or the Buyer provides proof of their shipment, whichever occurs first.
§ 10
RULES FOR USING GIFT CARDS
- The Store undertakes to issue a gift card to the person who purchased it and to accept payments made with such a gift card for Products purchased by the holder of the card in the Store’s online shop.
- The issuance of the gift card to the purchaser shall be made electronically by sending an activation code for use when shopping to the Buyer’s email address.
- To purchase a gift card, the Customer selects the nominal value of the card on the Store’s website from the following amounts: PLN 100 (one hundred zlotys 00/100), PLN 200 (two hundred zlotys 00/100), PLN 300 (three hundred zlotys 00/100), PLN 500 (five hundred zlotys 00/100), and adds it to the shopping cart. The rest of the purchase process is analogous to purchasing other Products from the Store’s website.
- After payment is made, the Store will send the activation code for the gift card to the email address provided by the purchaser no later than within 1 business day.
- Payment for the gift card cannot be made using another gift card.
- The gift card may be used exclusively for purchases in the Store and cannot be exchanged for cash (in whole or in part).
- The gift card is non-refundable to the Store.
- The gift card can be used by the purchaser or any other person who is its legal possessor, i.e., a “bearer” gift card.
- The holder of the gift card is entitled to use it within its validity period. The validity period of the gift card is one (1) year from the moment of purchase and is reflected on the issued gift card. The validity period is also communicated on the gift card purchase page.
- Failure to use the gift card within its validity period results in the expiration of the card and the loss of the funds stored on it.
- The purchase of a gift card (single-purpose voucher) constitutes a sale subject to value-added tax (VAT). The appropriate sales document is issued to the purchaser at the time of purchase of the gift card, while its use (purchase of products paid for with the card) is not subject to VAT.
- Each gift card is equipped with a unique activation code registered in the Store’s system.
- To use the gift card, the code must be entered in the designated field during the order summary stage and activated by confirming with a button. This will recalculate the order. The ordering process should then be continued. The gift card allows a single payment.
- If the price of the Product(s) the gift card holder wishes to purchase exceeds the amount remaining on the gift card, the holder is obliged to pay the difference by a method made available by the Store on the website.
- The Store is not responsible for the loss of the gift card by the purchaser/holder and does not issue duplicates.
§ 11
DATA PROTECTION
Provisions regarding the protection of Customers’ personal data by the Seller are included in the Privacy and Cookies Policy available on the Store’s Website.
§ 12
COPYRIGHTS
The Terms and Conditions and all content placed in the Store, including photos and descriptions, are subject to copyright protection under the Act of February 4, 1994, on Copyright and Related Rights and are legally protected. Any copying, reproduction, distribution, or adaptation of them, in whole or in part, by any methods, devices, or techniques, without the written consent of the Store is prohibited.
§ 13
FINAL PROVISIONS
- For every Product sold by the Store, a VAT invoice or another settlement document compliant with applicable tax regulations is issued. The VAT invoice is delivered electronically to the email address provided by the Client. Acceptance of the Terms and Conditions constitutes consent to receive invoices in electronic form.
- The applicable law is Polish law. Disputes arising between the Client and the Seller shall be resolved by the court competent for the Seller’s registered office, except that disputes involving Consumers shall be handled by the court competent according to civil procedure regulations. These Terms and Conditions are subject to Polish law and shall be interpreted accordingly. These Terms and Conditions do not limit any consumer protection rights that may apply to the user according to the mandatory laws of their country of residence.
- The Seller reserves the right to amend the Terms and Conditions. Registered Clients will be notified of any changes by email and will have the right to terminate the agreement within 14 days. Changes to the Terms and Conditions take effect 14 days after notification. Orders placed before the effective date of the changes shall be fulfilled based on the provisions valid at the time the Order was placed.
