Hello!
We are glad that this is where you are looking for the best slippers for you. We believe that you will find comfortable and high-quality slippers here, straight from Polish craftsmen.
So much for the introduction, now it’s time for formalities. To begin with, our full registration details as a retailer are:
Below you will find the terms and conditions, which contain information on, among other things, how to place an order leading to the conclusion of a agreement, details on the execution of the concluded agreement and the types of payment available on the Website, the procedure for withdrawal from the agreement or the complaint procedure.
If you have any comments, questions or concerns, we are at your disposal by email at sklep@demooo.pl or by telephone at 601 822 619. Our customer service department works Monday to Friday between 08:00 and 16:00.
Best regards and happy shopping!
LOPATO website team.
§ 1. Definitions
For the purposes of the Terms and Conditions, the following terms shall have the following meanings:
Price – the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Product;
E-payment – payment of the Price for a Product by means of a digital representation of value, in particular by means of electronic vouchers, e-coupons, virtual currencies, etc.;
Buyer – a natural person, legal person or organisational unit with legal capacity, in particular a Consumer or PNPK;
Consumer – a natural person concluding an Agreement with the Seller which is not directly related to his/her economic or professional activity;
Products – Basic Goods or Services;
Entrepreneur with Consumer Rights (PNPK) – a natural person concluding an Agreement with the Seller directly related to his/her business activity, when the content of the Agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity;
Terms and Conditions – the terms and conditions of the DEMOO Website, available at https://demooo.pl/regulamin;
Service – the website operating at https://demooo.pl and its extensions;
Seller – DEMOO Sp. z o.o., ul. Address 26, 63-100 Śrem, Tax ID No. 7851814344, KRS [Nat’l Registration No.] 0000997258.
Goods – all movable items offered by the Seller in the Shop, including Goods with Digital Elements;
Goods with Digital Elements (TzEC) – Goods offered by the Seller that contain Digital Content or Digital Service, without which the Goods cannot function properly. Digital Content or Digital Services may be provided by the Seller or a third party;
Outlet Goods – Goods in respect of which the Buyer has been expressly informed that a specific feature of the Goods deviates from the typical requirements for compliance with the Agreement, e.g. in terms of completeness, quality, functionality, etc.;
Digital Content – data produced and delivered in digital form;
User Content – content that was provided or created by the Consumer or PNPK during the use of Digital Content;
agreement – a agreement concluded between the Seller and the Buyer, the subject of which is the sale of Goods, the provision of Digital Content or the provision of Basic Services or Electronic Services to the Buyer;
Services – Electronic Services or Basic Services;
Digital Services – services that allow the Buyer to:
create, process, store, or access data in digital form;
share digital data sent or created by the Buyer or other users of the Digital Service;
other forms of interaction using digital data;
Core Services – any services provided by the Seller as part of its core business of selling footwear. The Basic Services may constitute a type of Electronic Services, but they do not have to;
Electronic Services – any electronic services provided by the Seller to the Buyer via the Website.
§ 2. Initial provisions
The Seller sells Products through the Website. The Buyer may purchase the Products indicated on the pages of the Website or specified in the Pre-Sale.
The Terms and Conditions define the terms and conditions of using the Website, as well as the rights and obligations of the Seller and Buyers.
In order to use the Website, including in particular to place an order, it is not necessary to meet specific technical conditions by the Buyer’s computer hardware or software. The following are sufficient:
Internet access,
a standard, up-to-date operating system, a standard, up-to-date web browser with cookies enabled,
active email address.
In order to use the Digital Content, depending on its type, you may additionally need standard, publicly available software that allows you to view or play a specific type of files such as Doc, PDF, MP4, mp3, MOV, AVI, etc. If the use of Digital Content requires additional technical requirements to be met, such information is presented on the Website in a manner visible to the Buyer and allowing to make a decision regarding the purchase of digital content.
If the use of the Goods or TzEC requires the fulfillment of additional technical conditions other than those indicated in section 3, the Seller will inform the Buyer thereof before placing the order, e.g. by including the technical requirements in the description of the Goods or TzEC.
The conclusion of the Agreement may not take place anonymously or under a pseudonym. The Buyer should indicate true and complete personal data in order to be able to conclude such an Agreement.
It is forbidden to provide illegal content when using the Website, in particular by sending such content via the forms available on the Website.
Depending on the type of selected Products or Services, a specific type of Agreement is concluded between the Seller and the Buyer:
In the case of Goods, a sales agreement is concluded;
in the case of Digital Content, there is a agreement for the supply of digital content;
in the case of Electronic Services, a agreement for the provision of electronic services is concluded;
in the case of Basic Services, a agreement for the provision of services is concluded.
If the subject of the order are Products of various types, after the Seller accepts the offer, several agreements referred to in section 8, corresponding to the subject of the agreement.
For the avoidance of doubt, the Seller indicates that:
agreements relating to the sale of Goods are agreements requiring the transfer of ownership of the Goods, to which the provisions of Chapter 5a of the Act of 30 May 2014 on consumer rights apply;
agreements relating to the sale of TzEC are agreements obliging to transfer ownership of the Goods, to which the provisions of Chapter 5a apply and the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights do not apply;
agreements relating to Digital Content are agreements for the supply of digital content to which the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights apply;
the provisions of Chapter 5b of the Consumer Rights Act of 30 May 2014 do not apply to agreements that do not concern Digital Content.
§ 3. Electronic Services related to the Website
The Seller provides the Buyer with certain Electronic Services related to the use of the Website.
The basic Electronic Service provided to the Buyer by the Seller is to enable the Buyer to place an order on the Website, which leads to the conclusion of the Agreement with the Seller. Placing an order is possible without the need to have an account on the Website.
If the Buyer decides to create an account on the Website, the Seller also provides the Buyer with an Electronic Service consisting in creating and maintaining an account on the Website. The Buyer’s data and the history of orders placed by him on the Website are stored in the account. The Buyer logs into the Account using his/her e-mail address and password defined by him/her. The Buyer is obliged to secure access to his/her User Account against unauthorized access, and is also obliged not to share the login and password with any third parties.
If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting in sending the Buyer e-mails that contain information about the Seller’s news, promotions, products or services. Subscription to the newsletter takes place by filling in and sending the subscription form to the newsletter or by selecting the appropriate checkbox when placing an order. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the newsletter. The Buyer may also send an e-mail to the Seller asking to unsubscribe from the newsletter database.
Electronic Services are provided to the Buyer free of charge. However, Sales Agreements, agreements for the provision of Digital Content and agreements for the provision of Basic Services, which are concluded via the Website, are payable.
In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Website, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
The Seller takes measures to ensure the fully correct functioning of the Website. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Website.
Due to the fact that the Website is an ICT system managed by the Seller, the Seller may carry out technical and IT works that will aim at the development of the Website and the provision of Electronic Services at the highest possible level.
As part of the development of the Website, the Seller may, in particular:
add new functions and change or remove existing functions within the Website;
introduce the Service to other types of devices, e.g. portable devices;
provide an application related to the Service.
§ 4. Placing an order
The buyer can place an order as a registered customer or as a guest.
The registered customer is the Buyer who has an account on the Website.
If the Buyer has an account on the Website, they should log in to it before placing an order. Logging in is also possible when placing an order.
All product descriptions available on the Website do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude a agreement.
An order is placed by adding the Products that interest the Buyer to the basket and then completing the order form. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing an order, the payment method for the order is selected. The condition for placing an order is the acceptance of the terms and conditions, which the Buyer should read in advance. In case of any doubts regarding the Terms and Conditions, the Buyer may contact the Seller.
In the case of Goods that are Outlet Goods, an additional condition for placing an order is that the Buyer must tick the check-box that the Buyer agrees to the purchase of the Outlet Goods.
In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order if the Buyer has provided false data or if these data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by telephone or e-mail of the Seller’s concerns. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the truthfulness of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer has made contact.
The Buyer declares that all data provided by him in the order form is true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such right in accordance with section 7.
The ordering process ends with clicking on the button finalizing the order. Clicking on the button finalizing the order constitutes an offer by the Buyer to purchase selected Products from the Seller, under the conditions specified in the order form.
After receiving the order, the Seller, at the latest within 7 (say: seven) days from the date of receipt of the order, may:
accept the offer submitted by the Buyer by accepting the order for execution — in this case, the Agreement is concluded upon delivery to the Buyer of a message confirming the acceptance of the order for execution,
may not accept the Buyer’s offer and cancel the placed order — in this case, the Agreement is not concluded, and the Buyer is refunded all payments, provided that the Buyer made them at the stage of placing the order.
§ 5. Pre-sale
Seller, with respect to certain types of Products, may or may not arrange a Pre-Sale.
The Products included in the Pre-Sale are clearly marked as Pre-Sale Products within the Service. On the website of such Products, the Seller shall include information on the date from which the Products are most likely to be available and from which the Products are most likely to be handed over to the Buyers.
For the purposes of concluding Agreements as part of the Pre-Sale, the provisions of § 4 shall apply accordingly.
The Seller reserves the right to change the date referred to in section 2, especially as a result of a delay in the delivery of the Product by third parties (e.g. manufacturers). The Seller will inform Buyers of any changes to the dates relating to the Pre-Sale, by posting information on the Website and by sending an email, to the address provided by the Buyer.
In the event that the sale of the Products is not possible under the conditions provided for in the Pre-Sale (e.g. suppliers will not provide the right quantity or types of materials, there will be an increase in the price of materials, etc.), the Seller shall inform the Buyer about these circumstances.
If a Buyer who is a Consumer or a PNPK does not agree to an extension of the delivery date of the Product or a change in the terms and conditions of sale of the Product, the Buyer may cancel the purchase of the Product and the Seller shall refund to such Buyer any payments made under the Pre-Sale.
§ 6. Price and payment
The available payment methods for the order are described on the Website and presented to the Buyer at the stage of placing the order.
If the Buyer has selected on-line payment when placing the order, after clicking on the button finalizing the order, it will be redirected to the payment gateway operated by an external payment operator in order to make payment for the order. If the Buyer has chosen to pay by bank transfer, after clicking on the button finalizing the order, it will be redirected to the Website with the order confirmation and payment instructions. Payment for the order should be made within 24 hours of placing the order. After the expiration of this period, the Seller may assume that the Buyer has resigned from the purchase of the Product and cancel the order placed.
Electronic payments, including payment card payments, are handled by PAYPRO S.A. (Przelewy24).
The Seller may provide the Buyers with the possibility of making an E-payment, e.g. by means of a discount code, voucher or other e-voucher. In this case, the Buyer will be able to pay the Price, in whole or in part, by E-payment, in accordance with the instructions available on the order form page. Providing the possibility of making E-payment is not the Seller’s obligation.
If the Buyer asks for an invoice, it is delivered to the Buyer electronically, to the e-mail address provided in the order form.
All Prices listed on the Website are gross prices.
The Seller is entitled to grant the Buyers discounts, reductions or other preferences related to the Price of their choice, in particular as part of the organized promotional campaign. The details of promotional campaigns are specified in separate terms and conditions of promotional campaigns. The Buyer is not entitled to claim discounts, reductions or other preferences that do not result from the promotional campaign.
In each case of informing about the reduction of the Product Prices, the Seller, in addition to the information about the reduced Price, also includes information about the lowest Product Price, which was in force in the period of 30 days before the introduction of the reduction. If a given Product is offered for sale in less than 30 days, in addition to the information about the reduced Price, the Seller also includes information about the lowest Product Price that was in force from the date of offering this Product for sale to the date of introducing the discount.
§ 7. Fulfilment of an order for Goods
The fulfilment of the order consists in the completion of the ordered Goods, their packaging for delivery to the Buyer and the dispatch of the consignment to the Buyer in accordance with the form of order delivery chosen by the Buyer.
An order is deemed to be fulfilled as soon as the consignment is dispatched to the Buyer (entrusted to a carrier offering transport services). In the case of delivery via a carrier, the Seller shall inform the Buyer that the Goods have been prepared for dispatch and that the consignment has been handed over to the carrier. The exact date of delivery of the Goods shall be determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of delivery. If the carrier provides such functionality, the Seller shall provide the Buyer with the data needed to monitor the transport of the Goods, in particular a link to the carrier’s website or to the carrier’s application.
The buyer is obliged to examine the consignment at the time and in the manner usual for consignments of this kind. If the Buyer finds that the Goods have been lost or damaged during transport, he is obliged to take all necessary actions to establish the carrier’s liability, e.g. in the form of drawing up a damage report (Article 545 § 2 of the Civil Code).
The lead time is indicated next to each Goods. The ordered Goods shall be delivered to the Consumer or PNPK within 30 days, unless a longer period is expressly indicated by the Seller in the description of the Goods. In such a situation, by placing an order, the Buyer agrees to a longer lead time resulting from the description of the Goods.
If the Buyer orders Goods with different delivery times, the binding delivery time for the Seller for the entire order is the longest of all the Goods included in the order, and the Seller may propose dividing the order into several independent shipments in order to speed up the delivery time for some of the Goods.
§ 8. Execution of the Digital Content order
The execution of the order regarding the Digital Content consists in handing over the ordered Digital Content to the Buyer.
The Seller makes the Digital Content available to the Buyer not earlier than after a positive payment authorization or crediting the payment to its bank account. The Digital Content may be transferred to the Buyer as soon as the agreement is concluded and the order is paid for, or within the timeframes specified by the Seller, depending on the type of Digital Content purchased by the Buyer.
The Buyer, depending on the choice of the Seller and the technical capabilities of the Website, may access the Digital Content by:
a link sent to the Buyer to the e-mail address indicated by the Buyer or
the user account to which the purchased Digital Content will be assigned, or
a dedicated page of the Website, where the purchased Digital Content is located.
Information on whether the Digital Content may be downloaded by the Buyer on its own medium can be found in the description of the Digital Content or in the instructions provided to the Buyer.
If a given Digital Content can be downloaded by the User, the Seller may enter a limit for downloads of a given Digital Content (e.g. a given Digital Content will be able to be downloaded only 1 time). In the event of the introduction of a download limit, the Seller clearly indicates to the Buyer how many times the Buyer may download a given Digital Content under the concluded Agreement.
The Seller may impose time limits on access to a given Digital Content (e.g. access to a given Digital Content will be possible only for 3 months). In the event of introducing time restrictions, the Seller clearly indicates to the Buyer for how long the Buyer will have access to a given Digital Content under the concluded Agreement. If access to the Digital Content is defined by the Seller as lifetime access and the Buyer obtains this access through a user account, if it is necessary to close the user account (e.g. due to technological changes, termination of business by the Seller), the Buyer is provided with the option to download the Digital Content to their own storage medium within a period specified by the Seller, not shorter than 14 days, counted from the date of sending to the Buyer’s e-mail address assigned to the user account information about the planned closure of the user account and the option to download the Digital Content to their own storage medium.
Digital Content shall be deemed to have been supplied when the Digital Content or a means by which the Digital Content can be accessed or downloaded has been made available to the Buyer or a physical or virtual device selected by the Buyer for that purpose, or when the Buyer or such device has accessed the Digital Content.
The Seller delivers the Digital Content in the version in force on the date of delivery of the Digital Content and does not provide Updates after the date of delivery of the Digital Content — unless it is clearly indicated in the description of the Digital Content that the Digital Content also includes Updates to the Digital Content at a later date.
Subject to fair use terms and conditions, the Buyer may only use the Digital Content for its own needs. Under no circumstances shall the Buyer have the right to make available or sell the Digital Content or any of its elaborations under its own designation, to incorporate the Digital Content or parts thereof into its own products or services that it makes available or sells and other similar commercial activities using the Digital Content.
If the Buyer wants to use the Digital Content in its business or professional activity, it is obliged to ask the Seller to grant a license for the Digital Content by sending a message to the Seller’s e-mail address. In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and the assumed time of use. Upon receipt of such a proposal, the Seller shall present an offer in accordance with its own licensing policy.
In the event that the Buyer gains access to the purchased Digital Content through the user account, it is forbidden from:
sharing a user account with other people or sharing access data to a user account with other people,
attempting to gain unauthorized access to Digital Content that has not been assigned to the user’s account as a result of their purchase,
undertaking activities that have a negative impact on the functioning of the ICT system within which the user account operates, in particular through various types of hacking techniques, malware, etc.
attempting to download Digital Content on its own medium, while the Seller does not provide such an opportunity,
using the user account to conduct marketing activities,
use the functions available within the user account in a way that violates the personal rights of others or harms good manners.
The Seller is entitled to make changes to the Digital Content during the term of the Agreement, except for the Digital Content, which is delivered on a one-off basis. Changes in the scope of Digital Content that have been acquired by the Consumer or Entrepreneur on consumer rights may be made subject to the following requirements:
changes in the Digital Content may be made only for justified reasons, in particular such as removal of defects, adaptation of the Digital Content to the needs of Buyers, adaptation of the Digital Content to legal changes or decisions of courts and authorities;
changes in the Digital Content may not involve costs on the part of the Consumer or Entrepreneur on consumer rights;
The Seller shall inform the Consumer or Entrepreneur on consumer rights in a clear and understandable manner about the change being made;
if the change in the Digital Content materially and negatively affects the Buyer’s access to or use of the Digital Content, the Seller is obliged to inform the Consumer or Entrepreneur on consumer rights in advance, not less than 7 days, on a durable medium, about the properties and date of the change, as well as the rights related to these changes;
if a change in the Digital Content materially and negatively affects the Buyer’s access to or use of the Digital Content, the Consumer or PNPK may terminate the Agreement without notice within 30 days from the date of the change in the Digital Content or inform about changes in the Digital Content, if the information took place later than this change. This right is not granted to the Buyer when the Seller provides the Consumer or Entrepreneur on consumer rights, at no additional cost, the right to keep the Digital Content in accordance with the Agreement unchanged.
In the event of a breach by the Buyer of the rules regarding the use of the Digital Content, the Seller may block the Buyer’s access to the Digital Content. The buyer will receive a message explaining the reasons for the lockout. The Buyer may appeal against the lock within 14 days of receiving the message. The Seller shall consider the appeals within 14 days. Blocking access to the Digital Content does not constitute a breach of the Agreement by the Seller and cannot be the basis for the Buyer’s claims for breach of the Agreement.
The Seller is entitled to make changes to the Digital Content during the term of the Agreement, except for the Digital Content, which is delivered on a one-off basis. Changes in the scope of Digital Content that have been acquired by the Consumer or Entrepreneur on consumer rights may be made subject to the following requirements:
§ 9. Execution of the order for Basic Services
The performance of the Basic Services consists in the fulfillment by the Seller of certain services constituting the subject of the Basic Service, as described on the Website.
In the event that the performance of the Basic Service requires the active participation of the Seller, the Parties are obliged to agree on the details related to the performance of these Services, in particular the manner of performance of the Basic Service, time and place of performance of the Basic Service, etc. The commencement of the Basic Services is subject to an agreement between the Parties in this respect
If the commencement of the Basic Services requires certain data, information or other materials to be obtained in advance from the Buyer, the Buyer shall provide these to the Seller at least 3 days before the day on which the Basic Services are performed, in a manner agreed with the Seller. In the event that the Buyer breaches this obligation, despite the Seller’s request, the Seller is entitled to refuse to perform the Basic Service and such refusal does not constitute non-performance or improper performance of the Agreement by the Seller.
If the Seller is unable to perform the Basic Service on the date previously agreed with the Buyer, he is obliged to inform the Buyer about it and propose a new date for the performance of the Basic Service. The Buyer may, at the latest within 3 days, either accept the new deadline or withdraw from the concluded agreement and obtain a refund of the Price for the unfulfilled Basic Service.
If the Buyer will not be able to use the Basic Service within the period previously agreed with the Seller, he is obliged to inform the Seller about it. The Seller may propose a new date for the performance of the Basic Service (if it is possible) or refuse to perform the Basic Service at another date (due to the inability to perform the Basic Service at another date).
If the person using the Basic Service is to be someone other than the Buyer (e.g. an employee or co-worker of the Buyer), the Buyer is obliged to send the details of this person to the Seller at least 3 days before the day on which the Basic Service is provided. The change of the authorized person is possible no later than 3 days before the date of providing the Basic Service.
The Basic Services should be provided no later than 30 days after the conclusion of the Agreement. If the Seller has been on standby to provide the Basic Services, but the Buyer has failed to use the Basic Services for reasons for which the Seller is responsible (e.g. failure to turn up at the agreed time), the Seller shall not be obliged to refund the Price paid, taking into account the relevant consumer legislation in relation to Consumers or PNPK.
The Seller is obliged to perform the Basic Service with due diligence.
§ 10. Withdrawal from the Consumer Agreement or Entrepreneur on consumer rights without giving a reason
The Consumer or PNPK has the right to withdraw from the agreement that was concluded through the Service without giving any reason within a period of time:
14 days from the date the Goods take possession of the Consumer or PNPK, or a third party other than the carrier designated by the Consumer or PNPK. If the agreement covers multiple Goods that are delivered separately, in batches or in parts, the deadline for withdrawal from the agreement shall be counted from the date of taking possession of the last Good, batch or part thereof;
14 days from the conclusion of the agreement – in the case of agreements other than the agreement for the sale of Goods.
The right to withdraw from the Agreement shall not apply to the Agreement:
for the provision of services for which the Buyer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Buyer who was informed prior to service commencement that after Seller’s performance, the Buyer shall lose the right to withdraw from the agreement and Buyer has acknowledged such;
in which the object of the performance is a non-refabricated good made to the Consumer’s or PNPK’s specification or to meet the Consumer’s personalised needs;
where the subject of the provision is a Good that spoils quickly or has a short shelf life;
in which the subject matter of the service are Goods delivered in a sealed packaging which cannot be returned if opened, due to health protection or hygienic reasons, if the packaging has been opened after delivery;
in which the object of the performance is Goods which, after delivery, by their nature become inseparable from other things;
where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
for the delivery of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is obliged to pay the Price, if the Seller commenced the performance with the express and prior consent of the Buyer, who was informed before the commencement of the performance that after the Seller has fulfilled the performance, the Buyer will lose the right to withdraw from the Agreement, and has acknowledged this, and the Seller has provided the Buyer with the confirmation referred to in Article 21, section 2 of the Act on Consumer Rights.
In order to withdraw from the Agreement, the Consumer or Entrepreneur on consumer rights must inform the Seller of their decision to withdraw from the Agreement by an unequivocal statement – for example, by a letter sent by post or e-mail.
The Consumer or PNPK may use the model withdrawal form available at https://lopato.pl/zwroty/, but this is not obligatory.
In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer or PNPK to send information concerning the exercise of the Consumer’s or PNPK’s right to withdraw from the Agreement before the deadline for withdrawal from the Agreement expires.
The Consumer or PNPK is obliged to return the Goods to the Seller or hand them over to a person authorised by the Seller to collect them immediately, but no later than 100 days from the date on which he or she has withdrawn from the agreement, unless the Seller has offered to collect the Goods himself or herself. To keep the deadline it is enough to send the Goods prior to its expiry.
The consumer or PNPK shall bear the direct costs of returning the Goods.
In the event of withdrawal from the agreement, the Seller shall reimburse to the Consumer or the PNPK all payments received from the Consumer or the PNPK, including the costs of delivering the Goods (with the exception of the additional costs resulting from the method of delivery chosen by the Consumer or the PNPK other than the cheapest usual method of delivery offered when placing the order), immediately and in any event not later than 14 days from the day on which the Seller was informed of the decision to exercise the right of withdrawal.
The refund is made using the same payment methods that were used in the original transaction, unless the Consumer or Entrepreneur on consumer rights has expressly agreed to a different solution. In any case, the Consumer or Entrepreneur on consumer rights shall not incur any fees in connection with this return.
If the Seller has not offered to collect the Goods from the Consumer or PNPK itself, the Seller may withhold reimbursement of payments received from the Consumer or PNPK until it has received the Goods back or the Consumer or PNPK has provided evidence of its return, whichever event occurs first.
The consumer or PNPK shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. The Seller has the right to offset its receivables against the Buyer in this respect in accordance with Article 498 et seq. of the Civil Code.
§ 11. Warranty for Defects and Liability for Conformity of Goods with the agreement
The warranty for defects of the Goods, as referred to in the provisions of the Civil Code, is excluded in the case of agreements for the sale of Goods which are concluded by Buyers other than the Consumer or PNPK.
To agreements for the sale of Goods that are concluded by the Consumer or PNPK, the provisions on liability for the conformity of Goods with the agreement that are contained in the Consumer Rights Act shall apply, taking into account the provisions of the Terms and Conditions. Where the Electronic Services provided by the Seller are at the same time Digital Services, the Seller shall be liable for the compliance of the Digital Services with the agreement under the terms of Chapter 5b of the Consumer Rights Act.
The Seller shall be liable to the Consumer and PNPK for the conformity of the Goods with the agreement. The conformity of the Goods with the agreement shall be assessed in accordance with the provisions of the Consumer Rights Act.
The Seller shall be liable for any lack of conformity of the Goods with the agreement existing at the time of delivery and discovered within two years of that time, unless:
the shelf life of the Goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer;
The agreement relates to Outlet Goods where the Buyer has expressly agreed to acquire the Outlet Goods.
In the case of TzEC, the Vendor shall be liable for the non-conformity with the agreement of the Digital Content or Digital Services supplied on a continuous basis, which has occurred or become apparent at the time when, according to the agreement, they were to be supplied, but for no less than two years after the delivery of the TzEC.
§ 12. Replacement or repair of Agreement non-conforming Goods
If the Goods are not in conformity with the agreement, the Consumer or the PNPK may request that they be repaired or replaced.
The Seller may:
make a replacement when the Consumer or the PNPK requests a repair, or
carry out repairs when the Consumer or the PNPK requests a replacement,
if it is impossible or would require excessive costs for the Seller to bring the Goods into conformity with the agreement in the manner chosen by the Consumer or the PNPK.
If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to replace or repair to bring the Goods into conformity with the agreement.
The Consumer or PNPK shall make the Goods to be repaired or replaced available to the Seller and the Seller shall collect the Goods at its expense. The Seller shall bear the costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials.
The Seller shall repair or replace the Goods within a reasonable time, not exceeding 21 days, from the time the Seller was informed by the Consumer or the PNPK of the Goods’ non-conformity with the agreement, and without undue inconvenience to the Consumer or the PNPK, taking into account the specific nature of the Goods and the purpose for which the Consumer or the PNPK purchased them.
§ 13. Price reduction or withdrawal from the Agreement in the case of Agreement non-conforming Goods
If the Goods are not in conformity with the Agreement, the Consumer or PNPK may make a declaration to reduce the price or withdraw from the agreement when:
The Seller has refused to repair or replace the Goods in accordance with § 11 section 3;
The Seller has failed to bring the Goods into conformity with the agreement; the lack of conformity of the Goods with the Agreement continues even though the Seller has tried to bring the Goods into conformity with the Agreement;
the non-conformity of the Goods with the agreement is such as to justify either a reduction in the Price or withdrawal from the Agreement without prior recourse to the remedies referred to in § 11 par. 1;
it is clear from the Seller’s statement or the circumstances that he will not bring the Goods into conformity with the agreement within a reasonable time or without undue inconvenience for the Consumer or the PNPK.
The reduced Price must be in such proportion to the Agreement Price as the value of the non-conforming Goods remains to the value of the conforming Goods.
The Seller shall reimburse the Consumer or PNPK the amounts due as a result of the exercise of the right to reduce the Price immediately, but no later than within 14 days of receipt of the Consumer’s or PNPK’s statement on the reduction of the Price.
The Consumer or PNPK may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is immaterial. The lack of conformity of the Goods with the Agreement shall be presumed to be material.
If the lack of conformity concerns only some of the Goods supplied under the Agreement, the Consumer or the PNPK may rescind the Agreement only in respect of those Goods and also in respect of other Goods purchased by the Consumer or the PNPK together with the non-conforming Goods, if the Consumer or the PNPK cannot reasonably be expected to agree to keep only the non-conforming Goods.
In the event of withdrawal from the Agreement, the Consumer or PNPK shall immediately return the Goods to the Seller at the Seller’s expense. The Seller shall return the Price to the Consumer or PNPK immediately, but no later than within 14 days of receipt of the Goods or proof of their return.
The Seller shall refund the Price using the same method of payment used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund that does not incur any costs for the Consumer or PNPK.
§ 14. Responsibility for the compliance of the Digital Content with the Agreement
The warranty for defects of the Digital Content, as referred to in the provisions of the Civil Code, is excluded for Agreements which are concluded by Buyers other than the Consumer or the PNPK.
The provisions on liability for the conformity of Digital Content with the Agreement, which are contained in the Consumer Rights Act, shall apply to agreements which are concluded by the Consumer or the PNPK, taking into account the provisions of the Terms and Conditions.
The Seller is responsible to the Consumer and Entrepreneur on consumer rights for the compliance of the Digital Content with the Agreement. The conformity of the Digital Content with the Agreement shall be assessed in accordance with the provisions of the Consumer Rights Act.
For Digital Content:
delivered once or in parts — the Seller shall be liable for the non-compliance of the Digital Content with the Agreement, which existed at the time of its delivery and became apparent within two years from that moment;
continuously delivered — the Seller shall be liable for the lack of compliance of the Digital Content with the Agreement, which occurred or appeared at the time when, in accordance with the Agreement, it was to be delivered.
In the event that the Seller delivers the Digital Content on a continuous basis, the Digital Content should be compliant for the duration of its delivery in accordance with the Agreement.
§ 15. Bringing Digital Content into compliance with the Agreement
If the Digital Content is inconsistent with the Agreement, the Consumer or Entrepreneur on consumer rights may request that the Digital Content be brought into compliance with the Agreement.
If it is impossible or would require excessive costs for the Seller to bring the Digital Content into compliance with the Agreement, the Seller may refuse to bring the Digital Content into compliance with the Agreement.
The Seller shall bring the Digital Content into compliance with the Agreement within a reasonable time, no longer than 21 days, from the moment when the Seller was informed by the Consumer or Entrepreneur on consumer rights about the non-compliance of the Digital Content with the Agreement, and without undue inconvenience to the Consumer or Entrepreneur on consumer rights, taking into account their nature and the purpose for which they are used.
The costs of bringing the Digital Content into compliance with the Agreement shall be borne by the Seller.
§ 16 Reduction of the Price or withdrawal from the Agreement in the event of non-compliance of the Digital Content with the Agreement
If the Digital Content is inconsistent with the Agreement, the Consumer or Entrepreneur on consumer rights may submit a statement on the reduction of the Price or withdrawal from the Agreement when:
The Seller has refused to bring the Digital Content into compliance with the Agreement in accordance with § 10 para. 2;
The Seller has not brought the Digital Content into conformity with the Agreement; the lack of conformity of the Digital Content with the Agreement continues even though the Seller has attempted to bring the Digital Content into conformity with the Agreement;
the lack of conformity of the Digital Content with the Agreement is so significant that it justifies a reduction of the Price or cancellation of the Agreement without prior recourse to the measures referred to in § 10 section 1;
it is clear from the Seller’s statement or circumstances that it will not bring the Digital Content into compliance with the Agreement within a reasonable time or without undue inconvenience to the Consumer or Entrepreneur on consumer rights.
The Reduced Price must be in such proportion to the Price resulting from the Agreement that the value of the Digital Content inconsistent with the Agreement remains up to the value of the Digital Content consistent with the Agreement. If the Digital Content is delivered in parts or continuously, the time during which the Digital Content remained non-compliant with the Agreement shall be taken into account when the Price is reduced.
The Seller is obliged to return the Price due to the Consumer or Entrepreneur on consumer rights immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur on consumer rights’s statement on the reduction of the Price.
The Consumer or Entrepreneur on consumer rights may not withdraw from the Agreement if the Digital Content is provided in exchange for payment of the Price, and the non-compliance of the Digital Content with the Agreement is irrelevant. It is presumed that the lack of conformity of the Digital Content with the Agreement is material.
§ 17. Settlement with the Consumer or Entrepreneur on consumer rights in the event of withdrawal from the Agreement
In the event that the Buyer being a Consumer or Entrepreneur on consumer rights withdraws from the Agreement:
under the rights resulting from the consumer warranty for non-compliance of the Digital Content with the Agreement;
in the event of the Seller’s failure to deliver the Digital Content, despite the Buyer’s request,
the provisions of this paragraph shall apply to settlements between the Parties.
If the Seller has supplied the Digital Content on a tangible medium, the Seller may request the return of this medium at the latest within 14 days of receipt of the cancellation declaration, and the Consumer or PNPK shall be obliged to return the medium immediately, but not later than within 21 days, at the Seller’s expense.
The Seller is obliged to return the Price only in the part corresponding to the Digital Content inconsistent with the Agreement or Digital Content in respect of which the obligation to deliver it has been waived as a result of withdrawal from the Agreement. At the same time, the Seller is not entitled to demand payment for the time during which the Digital Content was inconsistent with the Agreement, even if the Consumer or Entrepreneur on consumer rights actually used it before withdrawing from the Agreement.
The Seller is obliged to return the Price due to the Consumer or Entrepreneur on consumer rights immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur on consumer rights’s statement on the reduction of the Price.
The Seller shall refund payments using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of refund, which does not incur any costs for them.
§ 18. Return of User Content
After withdrawing from the Agreement, the Seller may not use User Content, except for User Content that:
are only useful in connection with Digital Content;
they concern only the activity of the Consumer or PNPK when using the Digital Content;
has been connected by the Seller to other data and cannot be disconnected without undue difficulty;
was produced by the Service Recipient together with other consumers who can still use such.
At the request of the Consumer or Entrepreneur on consumer rights, the Seller shall make available to such Buyer, at its own expense, within a reasonable time and in a commonly used machine-readable format, the User Content that was created or delivered during the use of the Digital Content. This obligation does not apply to the return of User Content referred to in section 1 items a) – c).
§ 19. Personal data and cookies
The administrator for the Buyer’s personal data is the Seller.
The website uses cookie technology.
Details relating to personal data and cookies are described in the privacy policy available at https://lopato.pl/polityka-prywatnosci/.
§ 20. Intellectual property rights
The Seller instructs the Buyer that all content available on the Website, Digital Content and elements of Digital Content (e.g. graphic designs) may constitute works within the meaning of the Act on Copyright and Related Rights of 4 February 1994, the copyrights to which vest in the Seller or other authorised entities, as well as databases protected under the provisions on database protection.
The Seller instructs the Buyer that the exploitation of copyrighted content or the use of databases by the Buyer without the consent of the Seller or any other authorized entity, except for use within the framework of fair use, constitutes an infringement of intellectual property rights and may result in civil or criminal liability.
The Seller may conclude a separate license agreement with the Buyer related to the use by the Buyer of the content or databases belonging to the Seller (e.g. by using product photographs, using descriptions of Digital Content, etc.). In order to conclude such an agreement, the Buyer should apply to the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and the assumed time of use. Upon receipt of such a proposal, the Seller shall present an offer in accordance with its own licensing policy.
§ 21. Opinions
The Seller may make available to Buyers the possibility of posting opinions about the Website, the Seller or the Goods – within the Website or external services belonging to third parties. In such a case, the provisions of this paragraph shall apply to the publication of the opinion.
The posting of an opinion is possible after using the Website, in particular after concluding a Agreement, and the posting of an opinion is possible at any time.
The Buyer should formulate opinions in a reliable, honest and substantive manner, as far as possible linguistically correct and without the use of vulgarisms and other words commonly considered offensive.
It is forbidden to post opinions:
without prior use of the Service;
on Digital Content that the Buyer has not used or acquired,
fulfilling the elements of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on Combating Unfair Competition;
infringing the personal rights of the Seller or a third party;
by paid users, in particular for the purpose of artificially increasing the rating of the Digital Content.
The Seller may at any time verify whether the posted opinions comply with the terms and conditions, and in particular whether they come from Buyers who have actually used the Digital Content or acquired the Digital Content. In addition, in the event of any doubts of the Buyer regarding the posted opinions, the Buyer may report the opinion to the Seller for verification. After receiving the notification from the Buyer, the Seller will take actions, appropriate to the possibilities available, which will be aimed at verifying the posted opinion.
In the event of posting an opinion that does not meet the requirements provided for in the terms and conditions, the Seller may refuse to publish the opinion or delete it.
§ 22. Out-of-court handling of complaints and claims
The Consumer has the right to take advantage of non-judicial means of dealing with and asserting claims. Among other things, the consumer has the option to:
apply to a permanent amicable consumer court to resolve a dispute arising from the Agreement,
apply to the provincial (voivodship) inspector of Trade Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Buyer and the Seller,
seek the assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
More detailed information on extrajudicial means of dealing with claims and complaints can be found at http://polubownie.uokik.gov.pl.
The Consumer may also use the ODR platform available at http://ec.europa.eu/consumers/odr. The platform is used for resolving disputes between consumers and entrepreneurs aiming at out-of-court resolution of disputes regarding agreementual obligations resulting from an online sales agreement or a service provision agreement.
§ 23. Complaints and summons
Each Buyer has the right to lodge a complaint in matters related to the functioning of the Website or the performance of the Agreement. In order to make it easier for the Consumer or PNPK to exercise their rights related to the Seller’s liability for the conformity of the Goods or Digital Content with the Agreement and liability for improper performance of the Basic Service, the Seller has prepared a model complaint form that the Consumer or PNPK may use. The template is available at https://lopato.pl/zwroty/.
Complaints should be reported to the seller at sklep@demooo.pl or in writing to DEMOO sp. z o.o., ul. Address 26, 63-100 Śrem.
Complaints of the Buyers will be considered on an ongoing basis, but not later than within 14 days from the date of receipt of the complaint by the Seller.
The response to the complaint will be sent to the Buyer to the contact provided by the Buyer when submitting the complaint.
If the Seller has not delivered the Digital Content in accordance with the Agreement, the Buyer may submit a complaint in which it will request the Seller to deliver the Digital Content. If, despite this request, the Seller fails to deliver the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without requesting the Seller to deliver the Digital Content when:
it will be clear from the Seller’s statement or circumstances that the Seller will not deliver the Digital Content;
The Parties have agreed or it is clear from the circumstances of the conclusion of the Agreement that the specified date of delivery of the Digital Content was significant for the Buyer, and the Seller did not deliver it within this period.
§ 24. Final provisions
The Seller reserves the right to introduce and cancel offers, promotions and to change the Prices on the Website without prejudice to the rights acquired by the Buyer, including in particular the terms of the Agreements concluded before the change.
The Seller reserves the right to make changes to the terms and conditions for important reasons such as changes in legal terms and conditions, technological changes, business changes.
The terms and conditions in force at the time of conclusion of the Agreement shall apply to Agreements for the sale of Goods.
The terms and conditions in force at the time of conclusion of the Agreement shall apply to the Agreements for the provision of Basic Services.
The terms and conditions in force at the time of conclusion of the Agreement shall apply to Agreements regarding Digital Content delivered once.
In the case of Digital Content agreements that are delivered via a user account, the Buyer will receive a notification of the change to the Terms and Conditions at the e-mail address assigned to the user account. The Buyer may terminate the Agreement within 30 days of being informed of the change, if the change in the terms and conditions significantly and negatively affects the Buyer’s access to or use of the Digital Content.
In the case of Agreements regarding Electronic Services, the Buyer will receive information on changes to the terms and conditions to the e-mail address related to a given Electronic Service. If the Buyer does not accept the amendment to the terms and conditions, he may terminate the Agreement with immediate effect, e.g. by deleting the account on the Website or resigning from receiving the newsletter.
Any disputes related to Agreements concluded through the Website shall be considered by the Polish common court of competent jurisdiction over the Seller’s permanent place of business. This provision does not apply to Consumers and PNPK, in whose case the court’s jurisdiction is determined according to general principles.
These Terms and Conditions are effective as of 14.05.2024.
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