ONLINE STORE REGULATIONS
§1.
Introduction
The following regulations describe the terms and conditions of using the online store available at https://www.diversesystem.com run by „Etos” SA with its registered office in Gdańsk (postcode: 80-298), at ul. Bysewska 23, entered into the register of entrepreneurs of the National Court Register kept by the District Court of Gdańsk – Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000178415, NIP number: 5840303202, REGON: 192975787, with a share capital of 55.055.102,00 PLN (paid in full), being a large enterprise within the meaning of the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions (Dz.U.2023.1790) (hereinafter referred to as: „Seller”), and in particular specifies the rules for placing Orders and concluding sales agreements using means of distance communication, as well as the use by Customers of all services of the Online Store.
Details for quick communication with the Seller (address/contact details):
Contact details:
„ETOS” S.A.
ul. Bysewska 23
80-298 Gdańsk, Poland
Tel. +48585000829 or +48585000825; from Monday to Friday, from 9.00 to 15.00
mail: sklep@diversesystem.com
Contact details for submitting any complaints, including complaints regarding orders placed in the Online Store or the functioning of the Online Store:
„ETOS” S.A. with the note - COMPLAINT diversesystem
ul. Bysewska 23
80-298 Gdańsk, Poland
Tel. +48585000829 or +48585000825; from Monday to Friday, from 9.00 to 15.00
mail: sklep@diversesystem.com
§2.
Glossary of terms
The terms used in the Regulations mean:
1. Diverse Club – loyalty program offered to the Customers by the Seller; Diverse Club regulations are available at: https://diversesystem.com/en/info/regulations;
2. Weekday – any day of the week from Monday to Friday, excluding public holidays;
3. Customer – natural person, including the Consumer, who is over 18 years old and has full legal capacity, as well as a legal person or an organizational unit that is not a legal person, but which is granted legal capacity by special regulations, and who has placed or intends to place an Order or uses other Online Store Services; registration of a Customer Account of a legal person or an imperfect legal person, referred to above may only be made by a natural person who is authorized to perform all activities related to registration on their behalf, and to exercise all rights and obligations of the Customer. The Customer may also be a natural person who is at least 13 years old or a person with limited legal capacity, if he/she obtains the appropriate consent of his/her parent/legal guardian to use the Store or other Services;
4. Civil Code - Act of 23 April 1964 - Civil Code;
5. Consumer – a natural person who is a consumer within the meaning of Article 22(1) of the Civil Code, i.e. entering into a legal transaction with the Seller that is not directly related to his/her business or professional activity;
6. Account (hereinafter also referred to as: „Customer Account”) – a subpage of the Store, within which the Customer - after logging in - has the possibility of, among other things, managing his personal data, managing the status of the Orders placed by him, and placing Orders;
7. „Lowest price from 30 days before the reduction” - the term indicated next to the Product means information about the lowest gross price expressed in Polish zlotys of this Product, which was in force in the period of 30 days before the introduction of the price reduction for this Product or in the period from the date of commencement of offering this Product for sale until the date of introduction of the reduction, if the given Product is offered for sale for a period shorter than 30 days;
8. Newsletter – an electronic service enabling the Seller to send to the Customer's e-mail address - with the Customer's express consent - messages containing information about new Products, promotions, information about the functioning of the Store or the Seller's activity;
9. Privacy Policy – a document containing information on the processing of Customers’ personal data by the Store and the collection of cookies, available via the link at the bottom of the home page “diversesystem.com”;
10. An entrepreneur with consumer rights – a natural person conducting business activity concluding an agreement with the Seller directly related to his/her business activity, when it results from the content of this agreement that it does not have a professional character for him/her, 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 Economic Activity;
11. Regulations – the following Regulations for the sale of products at a distance and the provision of services by electronic means. In the scope of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on electronic services;
12. Registration – a one-time, optional and free activity consisting in the Customer setting up a Customer Account, performed using the administrative panel provided by the Seller on the Store's website;
13. Online store (hereinafter also referred to as: „Store”) – online service available at http://www.diversesystem.com, run by the Seller, through which the Customer can place Orders and use other Store Services;
14. Diverse Store – Diverse brand stationary store operated in the territory of the Republic of Poland by the Seller or a third party on his behalf;
15. Seller – „Etos” SA with its registered office in Gdańsk (detailed information shown in § 1 of the Regulations);
16. Party – Seller or Customer;
17. Product or Products – movable item/movable items from the Seller's offer in the Store, which are the subject of the Sales Agreement; as well as items presented in the Store;
18. Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Seller and the Customer using means of distance communication via the Store, the subject of which is a Product or Products;
19. Services – services provided by the Seller electronically under the terms and conditions specified in the Regulations via the Store;
20. Act – Act of 30 May 2014 on consumer rights;
21. Act on electronic services – Act of 18 July 2002 on electronic services;
22. Order – a declaration of intent submitted by the Customer remotely via the Online Store specifying the type and number of Products, the method and place of their delivery and the method of payment of the price, necessary to conclude the Distance Sale Agreement via the Store.
§3.
General provisions and obligations of the Parties
1. The Regulations define the rules for using the Store, including the Services, as well as concluding Sales Agreements via the Store and the rights and obligations of the Parties arising from such Sales Agreements and Services. The Regulations constitute the regulations for the provision of services by electronic means within the meaning of Article 8 of Act on electronic services.
2. Customers can access the Regulations free of charge at any time via the link available at the bottom of the home page "diversesystem.com", download it to their end device and print it out.
3. The Client is obliged to use the Services in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland and the provisions of the Regulations.
4. The Seller is obliged to deliver the Products free from defects. The Seller is responsible for the compliance of the Products with the Sales Agreement.
5. If the Customer concluding the Sales Agreement is a Consumer, the Seller is obliged to immediately deliver the Products that are the subject of this agreement, no later than thirty days from the date of conclusion of the Sales Agreement, unless the Sales Agreement provides otherwise. (e.g. the description of Products indicates a different delivery date).
§4.
Orders
1. Information about the Products and their prices published in the Store does not constitute an offer within the meaning of Article 66 of the Civil Code, but is an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. The Customer may place Orders for Products from the current offer of the Store via the Online Store 7 days a week, 24 hours a day, regardless of whether the Customer has registered or not. The Customer can register on the main page of the Store by selecting the "Register" option or during the order placement process. In case of placing an Order without Registration, the following is required: (I) to provide the data necessary to complete the Order and (II) to read and accept the Regulations and Privacy Policy.
3. In order to conclude a distance Sale Agreement for Products via the Online Store, you must go to the Store's website, select the Products, add the Products to the basket and place an Order by taking subsequent technical steps based on the messages or information displayed to the Customer.
4. The condition for placing an Order and concluding a Sales Agreement is that the Customer reads and accepts the Regulations. Acceptance of the Regulations is possible by checking the appropriate checkbox available in the Order form.
5. At the moment of placing the Order and making the payment by the Customer in accordance with §5, the Sales Agreement is concluded.
§5.
Prices, payment methods and delivery of the Products
1. Prices in the Store are given for each of the Products and are expressed in Polish zlotys, and are gross prices, i.e. they include VAT calculated at the rate applicable at the time the Customer places the Order.
2. The prices of the Products do not include the costs of delivery of the Products, which are indicated each time in the process of placing the Order. The total value of the order includes the price of the Products and the delivery costs, if the delivery costs are borne by the Customer.
3. Orders are fulfilled via courier companies, and the Customer also has the option of personal collection of the ordered Products at the selected Diverse Store.
4. All delivery and payment options are described in detail in the tab at https://diversesystem.com/en/shop/delivery and https://diversesystem.com/en/shop/payments .
5. The customer can pay the price for the Order in the following way:
a) cash on delivery, i.e. in cash upon receipt of the Products;
b) via the przelewy24.pl service (shared by PayPro SA, ul. Pastelowa 8, 60-198 Poznań, entered into the register of entrepreneurs of the National Court Register kept by the District Court of Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number: 0000347935, NIP number: 7792369887, REGON 301345068), hereinafter referred to as „przelewy24.pl”, by bank transfer or credit/debit card, payment service regulations: https://www.przelewy24.pl/regulamin
c) through financing provided to the Customer by PayPo – PayPo Sp. z o.o., with its registered office in Warsaw, address: ul. Domaniewska 39, Warszawa (postal code: 02-672), entered into the register of entrepreneurs of the National Court Register kept by the District Court of capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000575158, with a share capital of 1.174.750 PLN, NIP number: 521-37-05-997, REGON: 362485126, e-mail: bok@paypo.pl, address for electronic deliveries AE:PL-48263-64036-THSCJ-22, entered into the register of payment service providers - national payment institutions, by the Polish Financial Supervision Authority under the number: IP59/2024 and the register of lending institutions under the number: RIP000135;
d) via the BLIK code payment system, powered by przelewy24.pl; BLIK payment system regulations: https://blik.com/dokumentacja
e) via the Google Pay service, powered by przelewy24.pl; Google Pay Terms of Service: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=pl
f) via PayPal; PayPal Terms of Service https://www.paypalobjects.com/marketing/ua/pdf/PL/pl/ua-121620.pdf
6. If the Customer chooses a method of payment for the Order from among the methods referred to in §5 section 5 points b) to g), the payment for the Order shall be made within three (3) hours from the moment of placing the Order. Payment of the amount due shall be understood as the receipt of funds to the Seller’s bank account or the Seller receiving an appropriate confirmation from the payment operator. In case of non-payment within the period mentioned above, the Order will be automatically cancelled. Placing an Order will require it to be placed again, however, depending on the availability of the Products.
7. The order for the Products will be forwarded for execution (for shipment) immediately after the conclusion of the Sales Agreement, however, in the case of prepayment via the service described in paragraph 5 letters b), c), d), e), f), g), the shipment will be made only after the payment for the Products has been credited to the Seller's bank account.
8. In case of payment on delivery, The Customer obliges to collect and pay for the purchased Products (including shipping costs) directly to the courier delivering the shipment. If the Customer refuses to pay for the delivered shipment, the Courier Company will return the shipment to the Seller (no later than 14 days after the first delivery attempt). In such a situation, the Seller may demand compensation for the damage from the Customer who is not a Consumer, which means in particular covering the shipping costs in both directions.
9. By accepting these Regulations the Customer requests and consents to the Seller issuing an invoice for the data indicated by the Customer as a document confirming the conclusion of the Sales Agreement. At the same time, the Customer agrees to receive invoices, corrective invoices and duplicates of these documents in electronic form to the e-mail address provided during Registration or when placing an Order (in the case of an Order without Registration). The customer is responsible for the accuracy of the data provided, which constitutes the basis for issuing an invoice.
10. The Seller does not provide any payment services to Customers.
§6.
Receipt of the Products
1. When receiving the delivery with the ordered Products, we suggest that the Consumer and the Entrepreneur with consumer rights check the delivery and indicate that in the event of:
a) mechanical damage to the contents of the shipment,
b) incomplete shipment,
c) inconsistency of the contents of the shipment with the subject of the Order,
The consumer is entitled to refuse to accept the shipment. In such a case, we suggest writing down comments or notes about the event in the presence of the supplier and immediately notifying the Ordering Party about the situation. In any case, in case of damage, we suggest drawing up a damage report in the presence of the delivery person.
2. A Customer who is not a Consumer or an Entrepreneur with consumer rights is obliged to check the contents of the shipment upon receipt, and if at the time of receiving the order the packaging shows signs of damage or interference with its contents by third parties, the Products should be refused, a damage report should be drawn up in the presence of the courier and this fact should be reported to the Customer Service Department, by telephone (58-5000829 from Monday to Friday, from 9.00 to 15.00), or by mail (sklep@diversesystem.com). Complaints regarding mechanical damage to the Products during transport will be considered only and exclusively after preparing a damage report signed by the recipient who is not a Consumer or an Entrepreneur with consumer rights and the supplier of the shipment.
3. In each case of the Seller informing about a reduction in the price of the Product, in addition to the information about the reduced price, an information is displayed on the card of the given Product by using the phrase "Lowest price from 30 days before the reduction" about the lowest gross price of this Product, which was valid in the period of 30 days before the introduction of the reduction. If a given Product is offered for sale for a period shorter than 30 days, information on the reduced price is also displayed along with information on the lowest price of that Product that was valid in the period from the date the Product was first offered for sale until the date the reduction was introduced („Lowest price from 30 days before the reduction”).
§7.
Promotions
The Seller may conduct periodic promotional campaigns in the Store (hereinafter referred to as: „Promotions”). The rules of the Promotion are regulated in separate Promotion regulations. In the event of a conflict between the provisions of the Promotion regulations and these Regulations, the provisions of the Promotion regulations shall prevail.
§8.
The right of the Consumer and the Entrepreneur with consumer rights to withdraw from the Agreement (return of Products)
1. A consumer/entrepreneur with consumer rights may withdraw from the Agreement for the sale of Products concluded at a distance without giving a reason, by submitting an appropriate declaration in any form to the Seller's contact details indicated in §1 above, within 14 (fourteen) days, where this period starts from the moment the Products that are the subject of the Sales Agreement are taken into possession by the Consumer or the Entrepreneur with consumer rights, or an indicated third party (other than the carrier), and in the case of a Sales Agreement covering multiple Products that are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part. To meet the deadline, it is sufficient to send an appropriate declaration before its expiry to the e-mail address at sklep@diversesystem.com or the Seller's correspondence address „ETOS” S.A. ul. Bysewska 23, 80-298 Gdańsk.
2. The declaration referred to in paragraph 1 above may also be submitted on a form, the template of which constitutes attachment No. 2 to the Act and attachment No. 1 to the Regulations, but this is not obligatory.
3. In the event of withdrawal from the Contract for the sale of Products concluded at a distance, the contract is deemed not to have been concluded.
4. Consumers/Entrepreneurs with consumer rights also have the right to return products purchased in the Online Store, in relation to which they have submitted a declaration of withdrawal from the Sales Agreement, in any Diverse Store in the territory of the Republic of Poland.
§9.
Obligations of the Consumer
1. The Consumer/Entrepreneur with consumer rights is obliged to return the Products to the Seller or hand them over to a person authorized by the Seller to collect them as soon as possible, but no later than 14 days from the date on which he submitted a declaration of withdrawal from the Sales Agreement, unless the Seller offered to collect the Products themselves. To meet the deadline, it is sufficient to send the Products back before it expires.
2. The consumer/entrepreneur with consumer rights bears the direct costs of returning the Products. (the cost of sending/returning the Products to the Diverse Store). In case of returning the Products by shipment, the Products should be returned to the following address: „ETOS” S.A. – Online store, ul. Bysewska 23, 80-298 Gdańsk, Poland. The seller does not accept deliveries sent to them cash on delivery.
3. The Consumer/Entrepreneur with consumer rights is liable for any reduction in the value of the Products resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Products.
§10.
Obligations of the Seller
1. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the declaration of the Consumer/Entrepreneur with consumer rights on withdrawal from the Sales Agreement, return to the Consumer/Entrepreneur with consumer rights all payments made by him, including the costs of delivering the Products (with the exception of additional costs resulting from the method of delivery chosen by the Consumer/Entrepreneur with consumer rights other than the cheapest standard method of delivery offered by the Seller). However, if the Seller has not offered to collect the Products from the Consumer/Entrepreneur with consumer rights, the Seller may withhold the refund of payments received from the Consumer/Entrepreneur with consumer rights until he receives the Products back or the provision by the Consumer/Entrepreneur with consumer rights of proof of their return, depending on which event occurs first.
2. The Seller shall refund the payment using the same method of payment as used by the Consumer/Entrepreneur with consumer rights, unless the Consumer/Entrepreneur with consumer rights has expressly agreed to a different method of refund that does not involve any costs for them.
3. If the Consumer/Entrepreneur with consumer rights has chosen a method of delivering the Products other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer/Entrepreneur with consumer rights for the additional costs incurred by him in this respect.
4. We suggest that you attach proof of purchase of the Products in order to facilitate the return process, but this is not mandatory.
§11.
Statutory exclusion of the right to withdraw from the Sales Agreement
1. The right to withdraw from the Sales Agreement does not apply in situations specified in Article 38 of the Act, i.e. in relation to contracts:
a) for the provision of services for which the Consumer / Entrepreneur with consumer rights is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer / Entrepreneur with consumer rights, who was informed before the commencement of the service that after the Seller has performed the service, they will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;
c) where the subject of the service is a non-prefabricated item, manufactured according to the specifications of the Consumer/Entrepreneur with consumer rights or intended to meet his/her individual needs;
d) where the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
e) the subject of which is the provision of Products delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
2. In the case of other Customers who do not have the status of a Consumer and do not have the status of an Entrepreneur with consumer rights, the rules and deadlines for withdrawal from the Sales Agreement are regulated by the provisions of the Civil Code.
§12.
Complaints
1. The Seller is obliged to deliver the Products free from defects and is liable for any defects in the Products. The Seller is responsible for the compliance of the Products with the Sales Agreement.
2. To the extent that the Customer is not a Consumer or an Entrepreneur with consumer rights, the provisions of the Civil Code shall apply to the Seller's liability under the warranty.
3. In the case of Sales Agreements concluded from 1 January 2023, the Seller shall be liable to the Consumer and the Entrepreneur under the rights of a consumer for the non-conformity of the Products with the Sales Agreement under the terms specified in the provisions of Chapter 5a of the Act. In the case of Sales Agreements concluded by 31 December 2022, the Seller shall be liable to the Consumer and the Entrepreneur under the consumer rights under the warranty in accordance with the provisions of the Civil Code.
4. We suggest attaching proof of purchase of the Products in order to streamline the complaint process, but this is not obligatory. The basis for accepting a complaint is any proof of purchase of the Products (for example, a receipt or VAT invoice, bank statement).
5. A complaint can be submitted in any form to the Seller's contact details indicated in §1. Complaints regarding the Products can also be submitted in any Diverse Store, the list of which is available at https://www.diversesystem.com/en/find-a-store . When submitting a complaint, we suggest using the form available at https://diversesystem.com/media/wysiwyg/complaints/en/formularz-reklamacyjny.pdf , but this is not obligatory.
6. The Seller undertakes to consider each complaint within 14 days of its receipt.
§13.
General Terms and Conditions of Use of the Store and Services
1. The Seller provides the following Services free of charge via the Online Store:
a) presentation of the Products available in the Store,
b) placing Orders for Products available in the Online Store and thus concluding Sales Agreements,
c) using the Customer Account,
d) using the chat,
e) using the Newsletter,
f) using the contact form (enabling sending a message to the Seller using the form available in the Store).
2. Access to the Services specified in paragraph 1 letters a), b), d), e), f), above does not require Registration.
3. Access to the Service specified in paragraph 1 letter c) above does require Registration.
4. To use the Store, the Customer must have a device with access to the Internet equipped with a web browser (recommended minimum version: Mozilla FireFox version 124.0, Google Chrome version 131.0, Microsoft Edge version 16.0, Apple Safari version 133.0 – or newer) which provides support for cookies and JavaScript. It is permissible to use other versions of web browsers if they ensure full compatibility with the versions listed above.
5. In order to maintain the safety of using the Online Store, it is recommended that the device used by the Customer has, in particular:
a) antivirus system with the latest version of virus definitions and updates,
b) an effective security firewall,
c) all available security updates for the operating system and web browser installed,
d) activated cookie and JavaScript acceptance function in the web browser,
e) software that allows reading files in PDF format.
6. When using the Online Store, the Customer is obliged not to provide or transfer content of an illegal nature and to use the functionality of the Store in a manner consistent with its intended use, legal regulations and the provisions of the Regulations.
7. Using the Store may be associated with risks typical of Internet activity, including that carried out using Internet browsers, e.g. the risk of obtaining and modifying Customer data by unauthorized persons.
§14.
Customer Account and Registration
1. The Customer Account service is available after Registration on the terms described below and consists of providing the Customer with an individual panel within the Store, which allows the Customer to perform a number of activities without having to enter data in the forms each time, in particular, placing Orders based on data assigned to the Customer Account, tracking the status of Orders placed via the Account and the history of such Orders, submitting complaints and withdrawing from Sales Agreements, editing data assigned to the Customer Account.
2. Registration in the Store is optional. In order to register, you must: (I) complete and accept the registration form available on one of the Store's pages (including providing information marked as mandatory), (II) read and accept the Regulations and Privacy Policy. Mandatory information includes at least the following personal data: the Customer's name and surname, e-mail address and an individual password to the Customer Account, set by the Customer independently.
3. The data used to access (login) the Account are intended solely for use by the Client and must be protected by him against access by unauthorized third parties.
§15.
Chat
The chat service consists in establishing real-time contact between the Customer and the Seller's consultants via the messenger provided in the Store. First, the contact with the Client is made by a virtual consultant (algorithm), and in the next stage by a physical person. Information on the Seller's rules for storing data collected via chat can be found in the Privacy Policy.
§16.
Newsletter
1. The Newsletter service includes receiving commercial information regarding the Seller's products and services by electronic means by Customers who have provided the Seller with their e-mail address, including in particular information about the Seller's current offer, promotions, discounts, marketing campaigns and dedicated promotional offers.
2. In order to use the Newsletter, you must: (I) provide the Seller with your e-mail address; (II) agree to receive the Newsletter (by checking the appropriate checkbox); (III) read and accept the Regulations and Privacy Policy and (IV) confirm your subscription by clicking the activation link sent to the e-mail address provided by the Customer.
3. The Seller may provide that the Customer will be entitled to a specific discount for subscribing to the Newsletter service. In such a situation, the Seller will provide appropriate information on the Store's website, along with an indication of the discount amount. The discount code is sent to the Customer by email after subscribing. The discount granted, depending on the conditions provided by the Seller, may be combined with other promotions.
4. The Customer is entitled to use the content included in the Newsletter only for their own personal use. The use of the above content in any other scope is permitted only on the basis of express prior consent granted by the Seller or another authorized entity in writing under penalty of nullity.
§17.
Contact form
1. The contact form service allows the Customer to send a message to the Seller using the form available in the Store. The contact form is available at the bottom of the home page „diversesystem.com”.
2. In order to use the contact form, the Customer is required to provide at least the following data: (I) name, (II) surname, (III) e-mail address and (IV) contact telephone number.
§18.
Other rights and obligations
1. Resignation from the Services is possible at any time and consists in ceasing to use them by the Customer. Provision of Services: Customer Account and Newsletter is provided at the request of the Customer for an indefinite period of time, and resignation from these Services (termination of the agreement for their provision) is possible at any time, without giving a reason and consists of: (I) sending to the Seller a request to delete the Customer Account or to stop sending the Newsletter, or (II) deleting the Customer Account or resigning from receiving the Newsletter (by clicking on the dedicated link at the end of e-mails sent as part of the Newsletter), which will be done by the Seller within 7 days.
2. The Seller, wishing to terminate the agreement for the provision of the Services: Customer Account and Newsletter, will inform the Customer at the e-mail address provided by the Customer, within 14 days before the planned date of deletion of the Customer Account. The above does not affect the Seller’s performance of the Sales Agreement concluded before the termination of the agreement for the provision of the Services: Customer Account and Newsletter.
3. The Seller has the right to terminate the agreement for the provision of Services with immediate effect, or to suspend the provision of Services to the Customer, if the Customer: (I) provided false information during Registration; or (II) violated the provisions of applicable law. Before that, the Seller will request from the Customer to cease the above-mentioned violations with a deadline of at least 3 business days from the date of receiving the request. The request will be sent to the Customer at his/her email address provided when placing the order in the Online Store. The request referred to above is not required if the Customer’s actions violate the provisions of applicable law. The above does not affect the Seller's performance of the Sales Agreement which was concluded before the termination of the agreement for the provision of Services.
4. Complaints related to the provision of Services by the Seller, in particular those related to irregularities in the functioning of the Store, may be submitted in any form to the Seller's contact details indicated in §1 above. Please indicate in the content of the complaint its subject and please provide contact details enabling us to respond to the complaint. The complaint will be considered within 14 days from the date of its receipt by the Seller.
5. The Seller enables the acceptance of used portable batteries purchased in the Online Store (including the Products in which they are used) in each of the Diverse Stores.
§19.
Resolving Disputes
1. Any disputes arising between the Seller and the Customer who is a Consumer or an Entrepreneur with consumer rights shall be settled by common courts, competent in accordance with the provisions of the Code of Civil Procedure.
2. The consumer may use out-of-court methods of resolving disputes and pursuing claims in a case with the Seller. The rules for access to out-of-court methods of resolving disputes and pursuing claims are available at the offices or on the websites of entities authorized to provide out-of-court dispute resolution., including district (municipal) consumer rights advocates or Voivodship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
3. At https://ec.europa.eu/consumers/odr the Consumer has the option of using the online service of the consumer dispute resolution system by electronic means (ORD platform). The ODR platform is an interactive and multilingual website for consumers residing in the European Union and entrepreneurs based in the European Union seeking out-of-court resolution of disputes arising from a distance sales contract or a service contract.
4. Any disputes arising between the Seller and the Customer who is not a Consumer or an Entrepreneur with consumer rights shall be settled by a common court with jurisdiction over the Seller's registered office.
§20.
Personal data
1. The administrator of personal data is the Seller, whose registration and contact details are indicated in § 1 of the Regulations..
2. The Administrator has appointed a Personal Data Protection Inspector. The inspector can be contacted via e-mail at: iod@etos.pl
3. Personal data are processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 from 27 April 2016 r. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repeal of Directive 95/46/EC (hereinafter referred to as GDPR) and other generally applicable provisions.
4. Data obtained by the Administrator during the order placement and conclusion of the sales agreement are processed in connection with (processing purposes):
a) the necessity to execute agreements concluded by the Customer with the Administrator, as well as actions taken before concluding the aforementioned agreements at the Customer's request (Article 6, paragraph 1, letter b) of the GDPR),
b) the necessity to fulfil a legal obligation incumbent on the Administrator (Article 6, paragraph 1, letter c) of the GDPR).
5. In the event of initiating a Newsletter subscription, personal data are processed on the basis of consent to the processing of personal data for marketing purposes in connection with sending commercial information in the form of a Newsletter (Article 6, paragraph 1, letter a) of the GDPR).
6. The Customer's personal data may be processed in connection with the legitimate interest of the Administrator in order to secure and pursue claims (Article 6, paragraph 1, letter f) of the GDPR).
7. Providing personal data is voluntary, but required to place an order, conclude a sales contract and its proper execution.
8. The Buyer's personal data may be transferred, depending on the selected method of delivery of the order and the method of payment, to a selected carrier or intermediary carrying out shipments on behalf of the Administrator in order to carry out the delivery, as well as entities handling electronic payments or payments by payment card, entities making non-cash payments to the Administrator, entities concluding a consumer loan agreement with the Customer for the purchase of Products, entities providing hosting/server services and entities from the IT industry maintaining an online store.
9. Personal data are stored for the period necessary for: (1) securing or pursuing any claims arising from the contract, (2) after-sales customer service (handling complaints), (3) fulfilling a legal obligation imposed on the Administrator (e.g. arising from accounting and tax regulations). Personal data processed for marketing purposes and purposes other than those listed above will be processed until the previously expressed consent to their processing for this purpose is withdrawn or until an objection is raised.
10. If the Administrator plans to further process personal data for a purpose other than the purpose for which the personal data were collected, the Administrator will inform of this other purpose and provide any other relevant information before such further processing.
11. The Buyer has the right to request from the Personal Data Administrator access to his/her personal data, their rectification, deletion or restriction of processing, the right to object to their processing, as well as the right to transfer them. The buyer also has the right to lodge a complaint with the supervisory authority.
12. More detailed information on the processing of personal data can be found in the Privacy Policy.
13. Personal data will be subject to automated processing, including profiling, for the purpose of providing services related to the performance of the contract and direct marketing. The effect of such processing may be sending contextual advertising and sharing information about your purchase history, as well as collecting information necessary to make payments.\.
§21.
Final provisions
1. The Consumer has the right to negotiate the terms of the Regulations. In order to exercise this right, the Consumer should contact the Seller by traditional mail, e-mail or telephone, at the addresses indicated in §1 of these regulations.
2. In matters not regulated in these Regulations, generally applicable provisions of law shall apply.
3. The Seller will notify Customers of any changes to the Regulations by e-mail at least 14 days before the amended Regulations come into force. In the message mentioned above, the Seller will indicate the date of entry into force of the amended Regulations. In case of accepting changes to the Regulations, the Customer is not required to take any additional actions. In case of non-acceptance of changes to the Regulations, the Client has the right to terminate the contract and the Client will be asked to send a statement in this respect at sklep@diversesystem.com. Upon receiving the declaration of non-acceptance of the new Regulations, the Seller will delete the Customer’s Account in the online store https://diversesystem.com/. The Customer will be informed about the deletion of the Account in a separate message. For Orders placed before the amendments to the Regulations come into force, the provisions of the Regulations in force at the time of placing the Order shall apply. The change to the Regulations will not violate the rights acquired by Consumers under the previously applicable version of the Regulations.
4. Exclusive rights to the content provided within the Online Store, in particular copyright to photos, the name of the Store, trademarks of the Seller and manufacturers of the Products, as well as graphic elements, software and rights in the scope of databases included therein are subject to legal protection and are vested in the Seller or entities with which the Seller has concluded appropriate agreements. It is prohibited to copy or otherwise use any elements of the Store without the consent of the Seller.
Attachment 1 to the Regulations
https://diversesystem.com /media/wysiwyg/rma/diverse/return-form-en.pdf
SAMPLE FORM FOR WITHDRAWAL FROM THE SALES AGREEMENT
(This form should be completed and returned only if you wish to withdraw from the contract)
Recipient:
Contact details:
„ETOS” S.A.
ul. Bysewska 23
80-298 Gdańsk,
Poland
Tel. +48585000829 or +48585000825; from Monday to Friday, from 9.00 to 15.00
e-mail: sklep@diversesystem.com
I/We(*) hereby inform about my/our withdrawal from the contract of sale of the following products(*) contract for the delivery of the following products(*) contract for a specific work consisting in the production of the following products(*)/for the provision of the following service (*)
………………………………………………………………………………………………
……………………………………………………………………………………………….
……………………………………………………………………………………………….
……………………………………………………………………………………………….
Date of conclusion of the contract(*)/receipt(*)
……………………………………………………………………………………………….
Name and surname of consumer(s)
……………………………………………………………………………………………….
Address of consumer(s)
……………………………………………………………………………………………….
……………………………………………………………………………………………….
Signature of consumer(s) (only if the form is submitted in paper format)
……………………………………………………………………………………………….
Date
(*) Cross out any unnecessary.
I
If the Sales Agreement was concluded on or after 1 January 2023, due to the entry into force on 1 January 2023 of national regulations implementing the provisions of the EU Commodity Directive of 28 May 2022, the complaint about the Goods is subject to the principles of non-conformity of the Goods with the contract under the Act of 4 November 2022 amending the Consumer Rights Act of 30 May 2014.
II
Consumer Rights.
Depending on the complaint procedure used, for reports under:
· Warranty - the Consumer's rights are generally equivalent, which means that the Consumer may request:
a) free repair of the complained Goods (removal of the defect), replacement of the Goods with a new one free from defects and submit a declaration of a reduction in the price of the Goods or withdrawal from the contract. The Consumer may not withdraw from the contract if the defect is insignificant. The Seller may respond to the Consumer's request by way of a proposal, to which the Consumer must respond.
· Lack of conformity of the Goods with the contract - the Consumer's rights are generally two-stage (two sequences of requests), which means that the Consumer may proceed to the second stage of rights only after exhausting the rights from the first stage, which are:
a) Free repair of the Goods complained about (removal of non-conformity with the contract) or replacement of the Goods with new ones that are compliant with the contract. It should be noted that the Seller may perform the replacement when the Consumer requests the repair, or the Seller may perform the repair when the Consumer requests the replacement, if making the Goods compliant with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller and the decision to carry out the repair or replacement remains with him.
b) The second stage of the Consumer's rights is to submit a declaration of a reduction in the price of the Goods or withdrawal from the contract, provided that the request meets one of the five conditions for its application, namely:
1) The Seller refused to bring the Goods into conformity with the contract
2) The Seller did not bring the Goods into conformity with the contract
3) The lack of conformity with the contract continues to exist, despite the Seller's attempt to bring the Goods into conformity with the contract
4) The lack of conformity of the Goods with the contract is significant enough to justify an immediate reduction in price or withdrawal from the contract
5) It is clear from the Seller's declaration or the circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer
III
The period of the Seller's liability and the deadline for considering the submitted complaint.
For both complaint procedures, the Seller's liability period is two years from the date of issue of the Goods in the case of warranty or delivery of the Goods in the case of lack of conformity with the contract. The Seller shall consider the submitted complaint within the statutory period:
· 14 calendar days, and the sanction for exceeding this period by the Seller is the acceptance of the complaint, provided that the indicated period does not apply to the request to withdraw from the contract (Art. 561 [5] of the Civil Code Act) - for claims under warranty.
· 14 calendar days, and the sanction for exceeding this period by the Seller is the acceptance of the complaint (Art. 7a of the Consumer Rights Act) - for claims under the non-conformity with the contract.
IV
Methods of filing a complaint.
The Customer may register a complaint:
· In any stationary Diverse Store, the list of which is available at http://www.diversesystem.com/znajdz-sklep.html by handing over the complained Goods to the Seller along with confirmation of their purchase (VAT invoice, receipt or other proof of purchase).
· By sending to the Seller's registered office at the address: ETOS S.A., ul. Bysewska 23, 80-298 Gdańsk a package with the complained Goods, along with a legible note "Complaint" and attaching a complaint form. The available form is only an example and does not affect the effectiveness of complaints filed in another way. The purpose of providing the form is to facilitate the collection of information by the Seller that will allow the complaint to be considered.
V
Understanding of terms:
For the purposes of this information, the following understanding of terms has been adopted:
· Seller - ETOS Spółka Akcyjna with its registered office in Gdańsk, at ul. Bysewska 23, entered into the register of entrepreneurs maintained by the District Court of Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, under KRS number 178415, NIP 584-030-32-02, with the share capital of PLN 55,055,102 (paid in full).
· Customer - a natural person who is a Consumer, who has concluded a Sales Agreement with the Seller in the Online Store or in the Diverse Store.
· Consumer - a natural person who is a consumer within the meaning of the provision of art. 221 of the Act of 23 April 1964 - the Civil Code, i.e. performing a legal act with the Seller not directly related to their business or professional activity.
· Online Store – an online service available at http://www.diversesystem.com through which the Customer may place orders through distance selling of goods from the Seller's offer in the Online Store, aimed directly at concluding a Distance Selling Agreement through the Online Store specifying the type and number of Goods that are the subject of the Sales Agreement, as well as using other services of the Online Store. Store
· Diverse – a stationary store of the Diverse brand operated in the territory of the Republic of Poland by the Seller or a third party on his behalf.
· Goods – a movable item from the Seller's offer in the Online Store and the Diverse Store that is the subject of the Sales Agreement.
· Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Seller and the Customer using means of distance communication via the Online Store, the subject of which are Goods or concluded between the Seller and the Customer in the Diverse Store, the subject of which are Goods.
· Civil Code Act – Act of 23 April 1964.
· Consumer Rights Act – Act of 30 May 2014.
VI
Final remarks.
Detailed provisions regarding placing orders placed through distance selling of goods from the Seller's offer in the Online Store, aimed directly at concluding a Distance Selling Agreement via the Online Store and concerning the performance of such concluded Sales Agreement can be found in the regulations of the Online Store at https://diversesystem.com/pl/sklep/regulamin.
By submitting a complaint and indicating his/her personal data, the Customer consents to the processing of his/her data for the purpose of considering the complaint by the personal data administrator - the Seller, i.e. Etos S.A. with its registered office in Gdańsk, at ul. Bysewska 23. The Seller ensures the protection of the personal data of the Customers submitting the complaint and declares that he/she undertakes to process their personal data and any other personal data provided by the Customers, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (hereinafter: "GDPR") and the Act of 10 May 2018 on the protection of personal data. Information on the principles and scope of personal data processing can be found in the data processing regulations available at: https://diversesystem.com/pl/sklep/polityka-prywatnosci. Personal data will be processed: with the consent of the person filing the complaint (Article 6 paragraph 1 letter a of the GDPR) in order to examine the complaint (Article 6 paragraph 1 letter b of the GDPR). The Client filing the complaint has the right to access the content of their personal data (Article 15 of the GDPR), to withdraw consent to the processing of personal data (Article 7 paragraph 3 of the GDPR), to rectify the data (Article 16 of the GDPR), to delete the data (Article 17 of the GDPR), to limit the processing of data (Article 18 of the GDPR), to object to the processing of data (Article 21 of the GDPR), the right not to be subject to decisions made in the conditions of automated data processing, including profiling (Article 22 of the GDPR), the right to transfer personal data (Article 20 of the GDPR) and the right to lodge a complaint with the supervisory authority, which is the President of the Office for Personal Data Protection.
Most promotions concerning sales in the DiverseSystem.com online store are carried out using a "code", its form is always provided on the banner informing about the promotion on the main page.
The code should be entered in the DISCOUNT CODE field in the first step of placing an order at the bottom of the screen as below:
After acceptance, the system will change the amounts in the basket.
Regulations:
1. The promotion is organized in own salons, franchise salons and the Diverse online store, which sell the Diverse, CLTN, DiverseExtremTeam brand assortment.
2. The promotion does not apply to outlet salons.
3. The promotion cannot be combined with other promotions/promotional campaigns.
4. When creating an order, you can only use one selected promotion by entering the appropriate code.
5. If on the day of the promotion other promotions/promotional campaigns are in effect in the salon - the customer must choose which promotion they want to use.
6. Return of goods, especially in the case of binding promotions, e.g. for the second (cheaper) product -20% or buy 2 products and get the 3rd cheapest for PLN 1, as well as threshold promotions, e.g. a 25% discount when buying for at least PLN 200:
The Consumer withdraws from the Sales Agreement in whole or in part (in relation to only some Goods), then the price of the Order will be recalculated, excluding the Goods that the Consumer withdraws from according to the rules of the Promotion; in such a situation, the Seller returns to the Consumer the amount that is the difference between amount A and amount B - where amount A means the price of the Order originally placed by the Consumer, and amount B means the price of the Order adjusted in connection with the partial withdrawal.
When returning one product not covered by the discount from the code out of two that allow you to buy 3 for PLN 1 in the promotion, the third cheapest product for PLN 1 - the promotion ceases to work and the price of the product received for PLN 1 returns to its original price. 7. Goods purchased in the promotion are subject to complaints on standard terms.
8. All complaints regarding the promotion should be reported in writing at the point of sale. Complaints are considered in each store.
9. The promotion does not include ENERGY DRINK beverages.
10. The promotion does not include plastic bags, the purchase of which is proposed to customers at the checkouts in stores.
ad. to point 6
In the case of conditional, binding discounts, e.g.:
- during the promotion -40% FOR THE SECOND CHEAPER PRODUCT: A customer who returns a more expensive product is not entitled to use this promotion and is obliged to buy a cheaper product at the regular price applicable on the day of purchase. After returning one product, they do not meet the conditions of the promotion regarding the purchase of two items.
- during the THIRD PRODUCT FOR 1 PLN campaign: A customer who returns one of the two products at full price is not entitled to purchase the third product for 1 PLN, because it does not meet the conditions of the campaign and is obliged to purchase the cheapest product at the regular price applicable on the day of purchase. After returning one product, they only have two, so they are not entitled to the discount resulting from the campaign concerning three items.
- during the -40% campaign FOR PURCHASES OVER 200 PLN: A customer who returns a product and causes the value of the receipt to drop below 200 PLN is not entitled to receive a -40% discount on the remaining products, because it does not meet the basic assumption of the campaign, i.e. the value of purchases over 200 PLN. In such a situation, they are obliged to purchase the item without the -40% discount.
Promotion Regulations
in the Diverse Online Store
§ 1.
Promotion Organizer
The Promotion Organizer is "ETOS" Spółka Akcyjna with its registered office in Gdańsk (80-298), at ul. Bysewska 23, entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Gdańsk - Północ in Gdańsk, 7th Commercial Division of the National Court Register under the KRS number 0000178415, with the NIP number: 5840303202, REGON: 192975787, with the share capital of PLN 55,055,102, BDO 000012849, being a large enterprise within the meaning of Commission Regulation (EU) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Article 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
§ 2.
Definitions
1. Company (Promotion Organiser) - "ETOS" Joint Stock Company with its registered office in Gdańsk (80-298), ul. Bysewska 23, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 0000178415, with NIP number: 5840303202, REGON number: 192975787, with the share capital of PLN 55,055,102, BDO 000012849, being a large enterprise within the meaning of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1). 2. Diverse Online Store – Store operated by the Company on its website at https://diversesystem.com.
3. Personal Data Administrator – “ETOS” Spółka Akcyjna with its registered office in Gdańsk (80-298), at ul. Bysewska 23, entered into the register of entrepreneurs of the National Court Register maintained by the District Court of Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 0000178415, with NIP number: 5840303202, REGON: 192975787, with the share capital of PLN 55,055,102, BDO 000012849, being a large enterprise within the meaning of Commission Regulation (EU) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Article 107 and 108 of the Treaty (OJ L 187 of 26.6.2014, p. 1).
4. Promotions – promotions conducted by the Company in the online store at: https://diversesystem.com, on the principles set out in these Regulations.
5. Promotion Regulations in the Diverse Online Store – these regulations published in the Diverse Online Store at: https://diversesystem.com/pl/sklep/regulaminy-promocji
6. Promotion Participant – an entity that has purchased products available in the Diverse Online Store on the principles set out in the regulations of the Diverse Online Store (https://diversesystem.com/pl/sklep/regulamin-sklepu) during a given Promotion on the principles set out in the Promotion Regulations in the Diverse Online Store and on the principles of a given Promotion. The Promotion Participants may be natural persons who are at least 18 years old and have full legal capacity, as well as legal persons or organizational units that are not legal persons but which are granted legal capacity under special regulations.
§ 3.
Introductory provisions
Promotions are conducted by the Company on the basis of the Promotion Regulations in the Diverse Online Store in accordance with the principles of a given, specific Promotion.
The Promotion Regulations in the Diverse Online Store specify the terms of participation in promotional campaigns organized through the Diverse Online Store, subject to paragraph 6 below.
3. Promotions are not a game of chance, as referred to in the provision of art. 2 section 1 of the Act
of November 19, 2009 on gambling.
4. Promotions are conducted exclusively through the Diverse Online Store.
5. By joining the Promotion, the Promotion Participant confirms that they have read
the content of these regulations and the principles of the given Promotion and accepts their provisions in full, at the same time the Promotion Participant undertakes to comply with the principles specified therein, as well as confirms that they meet all the conditions that entitle them to participate in the given Promotion.
6. The detailed rules of a given Promotion may be regulated by dedicated regulations or may result from the information material of a given Promotion (promotional campaign).
§ 4.
Promotion Rules
1. The Company may, in particular, organize the following Promotions (promotional campaigns):
1) promotions in the form of specific percentage discounts from sales prices for the indicated assortment – the percentage reduction established by the Company from regular (or previously reduced) sales prices for the indicated assortment applies (e.g. -20% for all jeans),
2) promotions in the form of percentage discounts from sales prices for purchases of given products for the indicated gross amount – the percentage reduction established by the Company from regular (or previously reduced) sales prices for the indicated or any assortment applies when the Promotion Participant purchases products for the indicated gross amount (e.g. for at least PLN 150),
3) promotions in the form of a given percentage reduction from the sales price for the second or subsequent product, with the simultaneous purchase of at least two (or the indicated number) products – applies when purchasing at least two (or the indicated number) products from the category indicated by the Company in the promotion content, where the price of the cheapest product (or products, respectively) will be reduced by a given percentage reduction from the sale price for the indicated or any assortment. Whereby the Company reserves that if the Promotion Participant withdraws from the agreement in the scope of the required number of products entitling to use the promotion (e.g. returns the more expensive of the purchased products), he/she loses the right to use this promotion and is obliged to purchase the product excluded by the aforementioned withdrawal from the promotion (e.g. cheaper product) at the regular price applicable on the day of purchase; for example, the return of one product does not meet the conditions of the promotion regarding the purchase of two items,
4) promotions for Diverse Club members - applies to persons who are participants of the Diverse Club loyalty program on the terms indicated in the given promotion (e.g. -20% on the new collection for purchases above PLN 150). The terms and conditions of joining the program, as well as the benefits and rules of participation in the program can be found on the website https://diversesystem.com/pl/diverseclub/jak-otrzymac-karte ,
5) promotions for holders of discount codes found in the indicated press or on receipts received during previous purchases by the Participant of the promotion in the Diverse Online Store or official Diverse brand stationary stores in the territory of the Republic of Poland - applies to holders of these codes, on the principles described in detail for a given promotion;
- each of the above promotions may, according to the rules of a given promotion, be automatically calculated in the shopping cart of the Diverse Online Store after adding the required number of products or after entering the indicated code of a given promotion.
2. Promotions in Diverse Online Stores last periodically. The duration of each promotion is each time specified by the Company in the offer communicating a given promotion. Promotions may be conducted, among others, for a specified period, until stocks of promotional products run out or until cancelled. The Company announces the type of promotion and its duration on the Diverse Online Store website. Unless otherwise expressly provided in the terms of the Promotion, the Promotion is valid until it is canceled, provided in a separate announcement with due notice.
3. The condition for using a given promotion is that the Participant of the promotion meets its terms.
4. Promotions in the Diverse Online Store do not apply to the Diverse outlet online store.
5. Promotions are organized in the territory of the Republic of Poland, but only through the Diverse Online Store.
6. Promotions cannot be combined with other promotions.
7. The Promotion covers selected (indicated) products of the Company of the Diverse, Diverse Extreme Team, Dext Dakar, Coalition and other brands belonging to the Company. Products of a given brand or category may be excluded from a given Promotion, which will be indicated.
8. In order to take advantage of the Promotion via the Diverse Online Store, the Promotion Participant will be required to place an order for a given product covered by the Promotion within the Promotion period.
9. The Promotions have no purchase restrictions, i.e. one Promotion Participant may join the Promotion multiple times, each time meeting the conditions specified in the Promotion Regulations in the Diverse Online Store.
10. Participation in the Promotion is free of charge and voluntary.
11. Only adult natural persons with full legal capacity, meeting the conditions specified in the Promotion Regulations in the Diverse Online Store and entrepreneurs may participate in the Promotion.
§ 5
Complaints
1. Complaints related to Promotions may be submitted by the Promotion Participant during the Promotion and within 30 days of their end.
2. The complaint should include the first and last name of the Promotion Participant, their correspondence address and a description of the basis for the complaint. Complaints can be submitted to the Company's Complaints Department:
1) by post to the Company's registered office address,
2) by e-mail to the e-mail address: dzial.reklamacji@etos.pl
3. Complaints will be considered by the Company within 14 days of their receipt.
4. The Promotion Participant will be notified of the outcome of the complaint procedure by letter or e-mail.
5. Using the complaint procedure does not exclude the rights resulting from generally applicable provisions of law.
§ 6
Final provisions
1. Participation of the Promotion Participant in the Promotions means acceptance of the rules contained
in the Promotion Regulations in the Diverse Online Store.
The administrator of personal data provided by the Promotion Participants is the Company. The Organizer ensures the protection of the personal data of the Promotion Participants
and declares that it undertakes to process the personal data of the Promotion participants and any other personal data provided by the Promotion Participants in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (hereinafter: GDPR) and the Act of 10 May 2018 on the protection of personal data. Information on the principles and scope of personal data processing can be found in the personal data processing regulations available at: https://diversesystem.com/pl/sklep/polityka-prywatnosci. However, personal data will be processed: with the consent of the Promotion Participant (Article 6 paragraph 1 letter a of the GDPR) in order for the Promotion Participant to benefit from the Promotion, to consider complaints and to implement the legitimate interests of the Administrator, i.e. to ensure legal protection of the Administrator, in particular for the purpose of pursuing or defending against claims (Article 6 paragraph 1 letter f of the GDPR) and to perform the obligations provided for by law (Article 6 paragraph 1 letter c of the GDPR). The Promotion Participant has the right to access the content of their personal data (Article 15 of the GDPR), to withdraw consent to the processing of personal data, if such consent has been granted (Article 7 paragraph 3 of the GDPR), to rectify data (Article 16 of the GDPR), to delete data (Article 17 of the GDPR), to limit the processing of data (Article 18 of the GDPR), to object to the processing of data (Article 21 of the GDPR), the right not to be subject to decisions made in the conditions of automated data processing, including profiling (Article 22 of the GDPR), the right to transfer personal data (Article 20 of the GDPR) and the right to lodge a complaint with the supervisory authority, which is the President of the Personal Data Protection Office. Providing personal data is voluntary, but it is a necessary condition for purchasing a product covered by the applicable discount. Failure to provide data prevents the purchase of the product. 3. In matters not regulated in these regulations, the generally applicable provisions of Polish law shall apply accordingly, excluding conflict of laws rules (in particular the Civil Code, the Act of 30 May 2014 on consumer rights and the Act of 10 May 2018 on the protection of personal data), as well as the provisions of the regulations of the Diverse Online Store available at: https://diversesystem.com/pl/sklep/regulamin-sklepu
4. The Company reserves the right to change the Promotion Regulations in the Diverse Online Store, which will not affect the order placed and paid for by the Promotion Participant during the duration of a given Promotion. Changes will be published by posting them in the Diverse Online Store 14 days in advance before they come into effect.
5. All disputes will be resolved based on generally applicable provisions.
Regulations
Regulations of the Diverse Club loyalty program
1. Introductory provisions
1.1. The subject of the Regulations is to define the rules of participation in the Diverse Club Loyalty Program (hereinafter referred to as the "Program") organized by ETOS S.A., the owner of the Diverse brand, registered in Gdańsk 80-298, ul. Bysewska 23 (hereinafter referred to as "DIVERSE").
1.2. Diverse Club (hereinafter referred to as the "Club") aims to build relationships between Program Participants (hereinafter referred to as "Participants") and the Diverse brand and to dedicate special offers to them.
1.3. The program includes all regular salons operated under the Diverse brand in Poland and the online store https://www.diversesystem.com. Outlets do not participate in the program. In matters not regulated in these Regulations, regarding purchases in the online store https://www.diversesystem.com, the provisions of the regulations, located at:
https://diversesystem.com/pl/sklep/regulamin
2. Program participants
2.1. Only adults who are 18 years of age or older may participate in the program.
2.2. Employees of ETOS S.A., franchisees, licensees, employees of retail outlets of the "Diverse" chain and members of their families are excluded from participation in the Diverse Club program. Family members are understood as: ascendants, descendants, siblings, spouses, parents of spouses and persons in an adoption relationship.
2.3. The condition for participation in the program is to register the Diverse Club card in accordance with the provisions of point 3.2 of these Regulations.
3. Loyalty Card - Diverse Club
3.1. Benefits
The Diverse Club cardholder is entitled to the privileges specified in periodic Diverse offers dedicated to Participants, in particular to:
- returns, exchanges of goods without the need to present a receipt up to 21 days from the date of purchase,
- complaints about goods without the need to present a receipt,
- the possibility of using special promotions,
- attractive discounts,
- dedicated offers in the online store and in regular stores.
The discount is assigned to the Diverse Club card, so only the cardholder can use the discount. The discount cannot be transferred to third parties. All correspondence with the Participants of the program will be carried out electronically or by text message. Information on current benefits for Participants of the program will be communicated to them in the manner described in the previous sentence. Individual offers and promotions may be limited in time and quantity. Detailed rules for the use of individual offers and promotional campaigns will be presented to participants in an exhaustive manner in messages sent by e-mail. In the event of a conflict between the provisions of these Regulations and the content of offers sent to the e-mail address, the rules of individual promotional campaigns specified in each e-mail correspondence shall prevail.
3.2. How to receive a card and register for the program?
To receive a Diverse Club card, download the Diverse application to your phone.
To register the card in a way that allows you to participate in the Diverse Club loyalty program, you must correctly complete the participant registration form in the application or on the website https://diversesystem.com/pl/user/dc. You must complete all fields marked with an asterisk, then agree to the terms of participation in the Program specified in the Diverse Club loyalty program Regulations and formally consent to the processing of personal data by DIVERSE. The registration process is completed by clicking on the activation link sent to the e-mail address provided during registration. If the Customer does not register in the Diverse application or at https://diversesystem.com/pl/user/dc and does not accept the loyalty program regulations and the principles of processing personal data, including for marketing purposes, the Loyalty Card will not be activated, i.e. it will not entitle the Customer to participate in the Program.
Withdrawal of previously granted consents referred to in the above paragraph is tantamount to resignation from participation in the Diverse Club loyalty program.
3.3. Method of using the Diverse Club Card
The principles of individual offers and promotional campaigns will be specified each time in correspondence sent to the Participant's e-mail address.
3.4. Card invalidation
DIVERSE reserves the right to invalidate the Diverse Club Card in the event that the Participant leaves false personal data or in the event of justified suspicions of abuse.
4. Returns and complaints
Complaints about products purchased using the Diverse Club card as part of individual offers are subject to the same complaints procedure as any other goods purchased in the store, unless otherwise stated in the rules of individual promotional offers.
The return of goods purchased using the Diverse Club card/application is possible for 21 days, starting from the date of purchase or receipt of the package when shopping in the online store.
5. Damage or loss of the card
5.1. In the event of damage or loss of the card (loss, theft), the seller or the Diverse Club Customer Service Office must be notified immediately by reporting the problem to the e-mail address: biuro@diverseclub.com. The information must include the card number, first and last name and address details consistent with those provided during the card registration process in the system.
5.2. After receiving information from the Participant about the damage or loss of the card, the Diverse Club Customer Service Office employees will block the card that has been damaged or lost.
5.3. DIVERSE is not responsible for unauthorized use of the card by a third party made within 48 hours of receiving the notification by the Diverse Club Customer Service Department.
5.4. In the event of finding a card that the Participant reported as lost, the Diverse Club Customer Service Department must be notified immediately.
6. Special provisions and reservations
6.1. The Participant must notify the Diverse Club Customer Service Office of a change in name, surname, mobile phone number or e-mail address within 10 business days of the change occurring. The Participant is responsible for the consequences of failing to comply with this requirement.
6.2. In the event of a Participant violating the regulations, DIVERSE reserves the right to cancel the card and/or exclude the Participant from the Program.
6.3. DIVERSE reserves the right to announce temporary promotions or campaigns, also in cooperation with a third party.
6.4. A Program Participant may only have one Diverse Club card. In the event that a Program Participant uses several Diverse Club cards, DIVERSE (ETOS S.A.) reserves the right to invalidate all cards of that participant.
6.5. Program Participants are not entitled to any claims against DIVERSE arising from the membership relationship in the Program.
6.6. The loyalty program regulations are valid for a period of 6 months. After 6 months, ETOS S.A. reserves the right to verify the provisions of the regulations and discount rules or extend the duration of the regulations in their current form. Any changes will be communicated electronically, in the Diverse salon network and on https://www.diversesystem.com/pl/diverseclub
7. End of the program
DIVERSE may decide to end the Program at its discretion, using appropriate forms of information and notifications.
8. Diverse Club Customer Service Office
All information related to the functioning of the Program and the use of the card is provided by the Diverse Club Customer Service Office. Inquiries should be sent to the following e-mail address: biuro@diverseclub.com.
9. Processing of personal data:
9.1. The administrator of personal data is DIVERSE, whose identification data is specified in 1.1. of the Regulations. Personal data provided upon registration to the Diverse Club loyalty program are processed by the Administrator in order to fulfill the obligations specified in these Regulations and in accordance with applicable regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (hereinafter referred to as GDPR).
9.2. Providing personal data is voluntary, but necessary to participate in the Diverse Club loyalty program.
9.3. The legal basis for the processing of your personal data by the Administrator is Article 6 paragraph 1 letter b). b GDPR, according to which processing is necessary for the performance of a contract to which the data subject is a party, or to take action at the request of the data subject, before concluding a contract.
9.4. During registration, the Customer consents to the processing of his or her personal data in order to examine opinions on the level of satisfaction with the purchase made, consent to the processing of personal data for promotional and marketing purposes, as well as to receiving commercial information electronically. In the above cases, the legal basis for processing is art. 6 sec. 1 letter a GDPR, i.e. consent to the processing of personal data for one or more specified purposes. Withdrawal of previously granted consents referred to above or objection to the processing of personal data for marketing purposes is tantamount to resignation from participation in the Diverse Club loyalty program.
9.5. The Administrator declares that the Participant's personal data may be transferred to entities cooperating with DIVERSE for marketing purposes, in particular for the purposes of providing information on products, promotions and commercial offers sent via e-mail or text message.
9.6. Personal data obtained during registration and participation in the Diverse Club loyalty program are stored for the period of participation in this program.
9.7. The Participant has the right to request from the Administrator of personal data access to their personal data, their rectification, deletion or restriction of processing, the right to object to their processing, as well as the right to transfer them and the right to lodge a complaint with the supervisory authority.
9.8. The Administrator has appointed a Personal Data Protection Inspector, e-mail address: iod@etos.pl.
10. Transitional provisions
10.1. The Regulations enter into force on 01.10.2015.
10.2. Participants who, before the entry into force of the Regulations in their current wording, registered any purchases using the Diverse Club card to an extent insufficient to obtain a discount are entitled - until 12.12.2015, to register purchases in order to obtain one discount of PLN 50 and to use it on the previous terms https://www.diversesystem.com/diverseclub/stary-regulamin-dc.html but no later than 30.12.2015. After obtaining and using the discount, these participants take part in the program on the terms specified in these Regulations.
10.3. Participants who - before the entry into force of the Regulations in their current wording - obtained the right to a value discount, but did not use this discount, are entitled to use the discount by 12.12.2015. After using the discount, these participants take part in the program on the terms specified in these Regulations.
