The online store PATIO, operating under the address patio.garden is run by DAJAR Sp. z o. o., located at ul. Połtawska 6, 75-072 Koszalin, Poland, registered in the entrepreneurs' register KRS maintained by the Regional Court IX Commercial Division of the National Court Register in Koszalin - under KRS number 0000006818, with a share capital of PLN 8,742,000.00, NIP: 669-22-96-668, REGON 003800675, BDO registration number 000000054.
To obtain assistance from the Store, you can contact us by phone at +48 94 720 26 00 or via email [email protected].
The terms contained in these Terms and Conditions mean:
3.1. Store - the online store operated by DAJAR Sp. z o. o., operating under the address https://patio.garden, selling goods via the Internet;
3.2. Website of the Store – the websites available at patio.garden;
3.3. Business days - all days of the week from Monday to Friday, excluding statutory holidays;
3.4. Order completion time - the time in which the Store will complete the order and hand it over to the carrier executing the delivery method selected by the Customer;
3.5. Goods – items/things offered for sale by the Store;
II. PLACING ORDERS.
The Store sells goods and services online. Information about goods and services is displayed on patio.garden.
A Customer of the Store can be:
2.1. a natural person using the Store and making purchases in the Store for purposes not directly related to their business or professional activity, being a consumer within the meaning of applicable legal regulations;
2.2. an entrepreneur (natural or legal person) using the Store and making purchases in the Store for purposes directly related to their business or professional activity, excluding the warranty for defects of sold items;
2.3. a natural person entering into an agreement directly related to their business activity, where the contents of the agreement show that it does not have a professional character for them, particularly stemming from the subject of their business activity provided under the Central Registration and Information on Business;
2.4. other entities not having any of the statuses mentioned above, interested in purchasing from the Store.
These Terms apply to Customers from each of these aforementioned categories unless applicable regulations referred to in these Terms apply exclusively to consumers (e.g. consumer judiciary).
Orders from Customers are accepted through the DAJAR.pl Store's Website 7 days a week, 24 hours a day.
The Customer bears full responsibility for providing incomplete or false details, in particular for providing non-existent or belonging to another person or company data.
The Store reserves the right to contact the Customer directly using electronic communication means to verify information placed by the Customer in the order.
Submitting an order to the Store is equivalent to the final confirmation of the order. The Customer, by placing the order, enters into a sales agreement for the ordered goods with the Store.
The Customer bears full responsibility for any consequences arising from placing an incorrect Order, particularly consequences of ordering a different product than intended, indicating an incorrect quantity of items, specifying the wrong location for delivery of the ordered goods, etc.
If the Customer has successfully registered, then making purchases requires only providing their login and password.
Every Order placed according to the conditions specified in these Terms serves as a basis for entering into a separate sales agreement regarding each of the ordered goods listed in the Order.
III. SHIPPING COSTS.
Available delivery methods depend on the dimensions of ordered products and the operational reach of specific courier companies.
The Customer will be informed of the shipping costs before placing the order in the "Delivery" section.
For orders exceeding the free delivery threshold, shipping costs are covered by the Store. Information about the free delivery threshold is visible in the cart
IV. PAYMENT METHODS AND SALES DOCUMENTS
Available payment methods include:
1.1. Electronic payments (credit cards, Google Pay, Apple Pay, quick transfers, deferred payments, local payment methods)
1.2. Cash payment to the courier upon delivery
1.3. Traditional bank transfer
Available payment methods may differ depending on the country and chosen delivery method
The available payment methods will be communicated to the customer before placing an order in the "Payment" section
The Store will issue and send a receipt or an invoice on request electronically.
The shipping list can be found in the pocket or plastic holder attached outside the parcel.
European Union Customer - The Store declares that for companies with an EU VAT number, it is possible to issue an invoice with 0% VAT. This is in accordance with art. 42 sec. 1 of the Act of 11.03.2004 on tax on goods and services.
The prices of goods available in the Store are expressed in the currency chosen by the Customer and include VAT.
V. ORDER FULFILLMENT.
Delivery of the ordered goods will occur within the period from 2 to 14 business days from the date of placing the Order by the Customer.
The Store reserves the right to refuse acceptance of the Order in part or in whole if the ordered goods are unavailable. The Customer will be informed within 24 hours (counting business days) about the impossibility to accept the Order within a given period.
The Store reserves the right to refuse to fulfill Orders that have been filled in a way that raises the Store's doubts, unless these doubts are clarified during direct contact with the Customer or contacting the Customer is impossible.
In all actions concerning Order fulfillment, the Customer should use the Order number and the email address being the client's account identifier.
The Store reserves that ordered goods may be delivered to the location in batches and/or separate shipments.
VI. DELIVERY AND RECEIPT OF ORDERED ITEMS.
Delivery of the ordered goods will take place between 9:00 AM and 4:00 PM. ?!
It is advisable that, upon receipt of the ordered goods, the Customer:
2.1. immediately checks the condition of the package and acknowledges the receipt of the shipment.
2.2. regardless of the above – opens the shipment, checks the condition of the ordered goods upon its release, and its compliance with the placed Order and the concluded agreement.
2.3. The courier acting on behalf of the Store is required to wait until the Customer checks the condition and contents of the parcel in their presence. If the courier cannot wait due to time constraints, they will be required to compile a report within 7 days of delivery if the Customer finds the goods damaged.
VII. WITHDRAWAL FROM THE CONTRACT.
A Customer who is a consumer within the meaning of applicable legal regulations and a customer who is a natural person entering into an agreement directly related to their business activity, where the contents of the agreement show that it is not professional for them, particularly stemming from the subject of their business activity provided under the Central Registration and Information on Business, may withdraw from the contract without providing any reason and without incurring costs, except for the costs specified in these terms. The deadline for withdrawal from the contract expires after 14 days from the day the Customer received the purchased goods or the day a third party other than the carrier and indicated by the Customer received the purchased goods. To meet this deadline, it is sufficient to send the statement before the expiry of the time period.
The Customer may use the withdrawal form template, but this is not mandatory.
To exercise the right of withdrawal from the contract, the Customer must inform the Store of their decision to withdraw from the contract by a clear statement – by sending a letter to DAJAR Sp. z o. o., ul. Połtawska 6, 75-072 Koszalin or by email to [email protected].
If the contract is withdrawn, the contract is considered not concluded, and the Customer is released from all obligations. What the parties have provided must be returned unchanged unless the change was necessary within the ordinary management limits, to ascertain the nature, characteristics, and functioning of the goods. The return of purchased goods should occur promptly, not later than within 14 days from the day the Store was informed by the Customer about exercising the right of withdrawal from the contract. In such a case, the Customer bears only the direct costs of returning the purchased goods.
Please direct the return of purchased goods to:
DAJAR Sp. z o.o., ul. Różana 9, 75-220 Koszalin.
NOTE: We do not accept any parcels sent to us on a cash-on-delivery basis.
All payments received from the Customer, including the costs of delivering the purchased goods (except for additional costs resulting from the Customer's chosen delivery method other than the cheapest standard delivery method offered by the Store) will be returned promptly, not later than within 14 days from the day the Store was informed by the Customer about exercising the right of withdrawal from this contract.
The Store may withhold payment returns until receipt of the purchased goods or until proof of its return is provided, depending on which event occurs first.
The payment return will be made using the same payment methods used by the Customer in the original transaction, unless the Customer expressly agrees to a different solution.
Returned goods must be complete, unused, clean, packed in original packaging, and undamaged, in a way that ensures no damage to the parcel during transport. The Customer is responsible for reducing the value of goods resulting from using them in a manner exceeding necessary to ascertain their nature, characteristics, and functioning.
VIII. LIABILITY FOR NON-CONFORMANCE WITH THE CONTRACT – PROCEDURE AND CONDITIONS FOR COMPLAINTS.
The Store bears legally stipulated liability for non-conformance of goods with the contract.
If the goods do not conform to the contract, the Customer who is a consumer within the meaning of applicable legal regulations and a customer who is a natural person entering into an agreement directly related to their business activity, where the contents of the agreement show that it is not professional for them, particularly stemming from the subject of their business activity provided under the Central Registration and Information on Business, can request repair or replacement of goods.
The Store can perform a replacement when the Customer requests a repair, or the Store can repair when the Customer requests a replacement if conforming the goods to the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Store. If repair and replacement are impossible or would involve excessive costs for the Store, it may refuse to conform the goods to the contract.
The Store reviews complaints within 14 days from when the Store was informed by the Customer of non-conformance with the contract, 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 of goods. The Customer makes the goods available to the Store for repair or replacement. To do so, the Customer must deliver, at the Store’s expense, goods non-conforming to the contract to the address: DAJAR sp. z o.o., ul. Różana 9, 75-220 Koszalin. Before shipping the complained goods, please contact the Store to arrange details. NOTE: We do not accept any parcels sent to us on a cash-on-delivery basis.
If the goods were installed before the non-conformance of goods with the contract was revealed, the Store removes the goods and installs them again after repair or replacement or orders these actions at its cost. The Customer is obliged to make the goods available for this purpose to the Store.
A Customer who is a consumer within the meaning of applicable legal regulations and a customer who is a natural person entering into an agreement directly related to their business activity, where the contents of the agreement show that it is not professional for them, particularly stemming from the subject of their business activity provided under the Central Registration and Information on Business, may submit a statement to reduce the price or withdraw from the contract when:
6.1. The Store refuses to conform the goods to the contract,
6.2. The Store does not conform the goods to the contract within a reasonable time from when the Store was informed by the Customer of non-conformance and without excessive inconvenience to the Customer.
6.3. Non-conformance of goods with the contract still exists, despite attempts by the Store to conform them to the contract.
6.4. Non-conformance of goods with the contract is significant enough to justify the reduction of price or withdrawal from the contract without prior attempt to request repair or replacement.
6.5. It clearly follows from the Store's statement or circumstances that it will not conform the goods to the contract within a reasonable time or without excessive inconvenience to the Customer.
The reduced price must be proportional to the price resulting from the contract, to the value of non-conforming goods to the value of conforming goods. The Store returns amounts owed to the Customer as a result of exercising the right to reduce the price promptly, not later than within 14 days from receiving the Customer's statement of price reduction.
The Customer cannot withdraw from the contract if the non-conformance of goods with the contract is insignificant.
In case of withdrawal from the contract, the Customer must promptly deliver, at the Store’s expense, goods non-conforming to the contract to the address: DAJAR sp. z o.o., ul. Różana 9, 75-220. Before shipping the returned goods, please contact the store to arrange details. NOTE: We do not accept any parcels sent to us on a cash-on-delivery basis. The Store returns the price promptly, not later than within 14 days from receiving the goods or proof of its return. The Store refunds the price using the same payment method that the Customer used, unless the Customer expressly agrees to another refund method that incurs no costs for them.
Statements regarding non-conformance of goods with the contract should be sent to the email address [email protected] or postal address DAJAR Sp. z o. o. ul. Połtawska 6, 75-072 Koszalin.
The Store is liable for non-conformance of goods with the contract if this non-conformance is revealed within two years from delivery to the Customer.
The Store's liability does not cover the following:
12.1. defects, damage, improper operation, or reduction of quality of goods purchased by the Customer arising from accidental or intentional mechanical damage,
12.2. damage caused by careless or improper use of goods,
12.3. damage to goods caused by intervention of third parties, including unauthorized or non-authorized by the Store or manufacturer servicing,
12.4. damage occurring in goods, from which serial numbers or other identifiers allowing their identification have been removed or damaged,
12.5. differences in appearance of ordered goods from received ones, resulting from improperly set parameters of the Customer's monitor screen.
The term "non-conformance of goods with the contract" does not include maintenance, cleaning, replacement, or repair of worn components or parts of goods, replacement of consumable materials, etc.
To exercise rights arising from non-conformance of goods with the contract, the Customer must present proof of purchase.
A consumer Customer may use extrajudicial methods of complaint handling and claim pursuit. Wishing to use the possibilities of amicable resolution of disputes regarding online purchases, one can file their complaint, e.g., via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
IX. WARRANTY FOR DEFECTS OF ITEMS.
A Customer who is not a consumer within the meaning of applicable legal regulations and not a natural person entering into an agreement directly related to their business activity, where the contents of the agreement show that it is not professional for them, particularly stemming from the subject of their business activity provided under the Central Registration and Information on Business, is excluded from warranty for defects of sold items.
X. PERSONAL DATA PROTECTION.
The Store is committed to protecting personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
More information about the privacy policy is available in the Privacy Policy section.
XI. FINAL PROVISIONS
The Customer declares that they have read the contents of these Terms before entering into an agreement or agreements with the Store. The option "I have read and accept the terms and conditions." means that the Customer understands and accepts the conditions and terms of the agreements entered into with the Store. Lack of selecting this option prevents making purchases in the Store.
Upon the customer's request, the Store is required to explain the meaning of specific provisions of the agreement.
The Store reserves the right to amend the Terms if this will be required by absolutely applicable legal regulations or changes in Store’s organization, method of conducting business, assortment, etc. Changes come into effect within 7 days from the date of their publication on the Store's website. The publication will consist of posting the content of the amended terms and, in case of registered Customers who have consented to receive newsletters, in the form of such a newsletter. Orders placed before the new content of terms comes into effect will be subject to the provisions of its previous version.
For all matters not resolved in the content of these Terms, related to entering agreements between the Customer and the Store and/or using the Store and/or websites run by the Store through electronic communication means, relevant Polish law applies.
Any disputes arising between the Customer and the Store will be resolved by common courts competent according to general or alternative local provisions of these courts.
