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Terms and conditions of distance sales of good and services provided by electronic means – ONLINE STORE TERMS AND CONDITIONS

§ 1.
Introduction

This document specifies the terms and conditions for the Online Store available at https://diversesystem.com/en/home, provided by “ETOS” S.A., with its registered office in Gdańsk (80-298), at ul. Bysewska 23, entered into the Business Register maintained by the District Court Gdańsk-Północ  in Gdańsk, 7th Commercial Division of the National Court Register under the number: KRS 0000178415, NIP: 584 030 32 02, REGON 192975787, with a fully paid-up share capital of 55,055,102 PLN, (hereinafter referred to as the Seller) and in particular defines the rules applicable to the placement of Orders and Contracts of Sale concluded by means of distance communication, as well as those governing the use by Customers of all the services provided by the Store.

Quick contact details for the Seller (Address / contact details):

Contact details:
“ETOS” S.A.
ul. Bysewska 23
80-298 Gdańsk,
Poland
Tel. +48585000829; Mon to Fri from 9.00 am to 3.00 pm
e-mail: sklep@diversesystem.com

Contact details for any complaints about orders placed in the online store:
“ETOS” S.A. with an annotation – REKLAMACJA diversesystem
ul. Bysewska 23
80-298 Gdańsk,
Poland
Tel. +48585000829; Mon to Fri from 9.00 am to 3.00 pm
e-mail: sklep@diversesystem.com

 

§ 2.
Terms

The terms used herein shall have the following meaning:

1) Customer – a natural person, including a Consumer, who is at least 18 years of age and has full legal capacity, as well a legal person or organizational unit that is not a legal person, to which special provisions grant legal capacity, and who has placed or intends to place an Order or uses other Services provided by the Online Store; registration of a legal person or a legal entity referred to above may be performed only by a natural person who is empowered to perform on their behalf all actions related to registration, as well as to exercise all rights and obligations of the Customer;
2) Consumer – a natural person performing a legal transaction with the Seller which is not directly related with his/her business or professional activity; in particular being a consumer within the meaning of the provisions of Article 221 of the Act of 23 April 1964 - Civil Code (hereinafter referred to as the Civil Code);
3) Account (Customer Account) – a subpage of the Online Store, where the Customer can modify his/her personal data and place and manage Orders, after logging in without the need to provide any personal data;
4) Terms and Conditions – these Terms and conditions of distance sales and services provided by electronic means. With respect to online services, these Terms and Conditions constitute the regulations mentioned in article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means;
5) Registration – a one-time free of charge and voluntary action whereby the Customer sets up a Customer Account, performed via the administration panel placed by the Service Provider on the Store's website;
6) Online Store (hereinafter also referred to as the "Store") – a website available at https://diversesystem.com/en/home, where Customers may place Orders and use other Store Services;
7) Diverse Store - a stationary shop of the Diverse brand operated in Poland by the Seller or a third party on its behalf;

8) Party – the Seller or the Customer;
9) Goods – a movable item from the Seller’s offer in the Store being the subject of the Contract of Sale;
10) Contract of Sale – a sales contract in the understanding of the Civil Code, concluded between the Seller and the Customer (Buyer) through the Store by remote means of communication, whose object is the Goods;
11) Service (Services) – a service provided by the Seller through the Store by electronic means, in accordance with the terms specified in the Terms and Conditions;

12) Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827);
13) Order – an order placed by means of distance sales of goods from the Seller's offer in the Seller's Store, aiming directly at the conclusion of a distance Contract of Sale via the Online Store specifying the type and number of Goods which are the subject of the Contract of Sale.

 

§ 3.
Obligations of the Parties

1.      The Customer shall use Services delivered by the Seller in accordance with the provisions of applicable law on the territory of the Republic of Poland and the provisions of the Terms and Conditions. The above shall not waive the rights and obligations arising from mandatory provisions of the law of the Consumer's place of habitual residence.

2.      Goods delivered by the Seller shall be free from defects.

3.      If the Buyer is a Consumer, the Seller shall deliver the Goods immediately, not later than within 30 days from the conclusion of the Contract of Sale, unless otherwise stated in the latter (e.g. if the description of the Goods specifies a different date of delivery).

 

§ 4.
Orders

1.      The Customer may place Orders  for Goods from the current offer of the Online Store 7 days per week and 24 hours per day, without prior Registration. The Customer may register online by choosing the "LOG IN" option on the Store's website or during the process of Order placement. In the case of placing an Order without registration, it is required to provide the data necessary for the implementation of the Order.

2.      In order to conclude a Contract of Sale through the Online Store, the Customer needs to visit the website of the Store, and then select the desired Goods, add the Goods to the basket and place an Order by completing a series of technical steps, as instructed by on-screen guidelines and notifications.

3.      The condition of placing an effective Order and concluding a Contract of Sale is reading and accepting the Terms and Condition by the Customer. Placing an Order is tantamount to accepting these Terms and Condition.

4.      A Contract of Sale is concluded once the Order is placed.

 

§ 5.
Prices, payment, and delivery

1.      Prices in the Store are listed next to each of the Goods and quoted in Polish zlotys as gross amounts, i.e. with the VAT included.

2.      Prices of the Goods do not include delivery costs, which shall be indicated in each case in the process during Order placement. The total value of the Order includes the price of the Goods and delivery costs, if the delivery costs are incurred by the Customer.

3.      Orders are delivered though a courier service; the Customer may also choose to pick up the Goods in person in a chosen Diverse Store.

4.      All available payment and delivery options are described in greater detail at https://diversesystem.com/en/shop/delivery-terms

5.      The Customer may choose from the following payment options:

a) cash on delivery (COD),

 

b) by the website przelewy24.pl (provided by PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Registry of Entrepreneurs of the National Court Register at the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Economic Division of the National Court Register, under the numbers: KRS 0000347935, NIP 7792369887, Regon 301345068), hereinafter referred to as "przelewy24.pl" by bank transfer or credit/debit card;

6.   If the Customer chooses payment option b) from the options in the previous point the payment has to be made within three (3) hours since placing the Order. If the payment is not made within the time limit specified above, the Order shall be automatically cancelled. Placing the Order shall require its re-submission, but depending on the availability of the Goods.

7.   The Order shall be dispatched immediately upon the conclusion of the Contract of Sale; if payment is made by bank transfer (pre-payment) or through the service indicated in 5b), shipment shall be processed after the payment has been credited to the account of the Seller.

8.      In the case of the COD payment option, the Customer is obliged to collect and make the payment (including shipment costs) directly to the courier who delivers the parcel. In case of evading the payment for the delivered parcel by the the Customer, i.e. in the event of the Customer's non-performance of the Contract of Sale, the courier service shall return the parcel to the Seller (after no more than 14 days from the first delivery attempt). In such event, i.e. in the event of the non-performance of the Contract of Sale by the Buyer, the Seller may call on the Buyer to fulfil the terms of the Contract, as well as claim compensation for any damages resulting from its non-performance, and in particular, demand that the Client cover the costs of delivery and return of the parcel and the call to perform the contract (payment).

9.      By accepting these Terms and Conditions, the Customer requires and accepts issuing the invoice by the Seller with provided data as the document confirming the conclusion of the Contract of Sale. Simultaneously, the Customer agrees to receiving the invoices, correction invoices and copies of those documents in electronic form via e-mail address provided during the registration process or during placing the order (in the case of Orders without Registration).

10.   In the event that the Order cannot be processed fully or partially, especially due to lack of the given Goods in the Seller’s warehouse, or ascertainment of physical defects by the given Goods, not indicated to the Customer, the Customer will be notified about thereof in the electronic form via e-mail. If the Customer has already made a payment for that Order, the amount of money to the extent in which the Order will not be completed will be immediately returned to the Customer via the same payment option that was chosen by the Customer when paying for the Order.

Receipt of Goods

11.   Upon receipt of the consignment with the  ordered Goods, we recommend that the Customer should inspect the parcel and indicate that in the event of finding:

a) mechanical damage to the contents of the consignment,

b) its incompleteness of the package, or

c) a discrepancy between its content and the Order,    

The Consumer has the right to refuse it. In such event, we suggest that writing down remarks or a note of the incident in the presence of the deliverer and immediately notify  the Seller of the situation. It is advisable to draw up a shipping damage report in the presence of the courier in any case of damaged delivery.

12.   Customer who is not Consumer shall inspect the content of the parcel at the moment of delivery, and if the packaging shows signs of damage or tampering by third parties, refuse to accept it, draw up a shipping damage report in the presence of the courier, and bring the fact to the knowledge of the Customer Service Department, either by telephone (58-5000829 Mon through Fri from 9 am until 3 pm) or by e-mail (sklep@diversesystem.com). Complaints relating to mechanical damage of the Goods during delivery will be considered only if a damage report is written down and signed by the Buyer who is not a Consumer and the courier who delivers the parcel.

13.   The Seller recalls that pursuant to art. 548 § 1 of the Civil Code, at the moment of delivery of the sold Goods, benefits and burdens associated with the item  (Goods) pass to the buyer (Customer), as well as the danger of its accidental loss or damage are transferred to the item (Goods).

14.    If the Goods are to be sent by the Seller to the Consumer, then the risk of accidental loss or damage to the Goods passes to the Consumer at the moment of the Goods delivery to the Consumer.

 

§ 6.
Promotions

1.      The Seller may organize periodic promotions in the Online Store. The conditions of each shall be specified in a separate set of Promotion Regulation. In case of conflict between the provisions of the Promotion Regulations and these Terms and Conditions, the provisions of the Promotion Regulations shall prevail.

 

 

§ 7.
Consumer's right to withdraw from the Contract of Sale (return of Goods)

1.      The Consumer may withdraw from the Contract of Sale, without the need to present any reason, by filing a written statement, within 14 (fourteen) days, counted from the moment in which the Consumer or a third party (other than the courier) designated by the Consumer - comes into possession of the Goods, or, in the case of Contract of Sale that involves multiple items (Goods) that are delivered separately, in batches, or in parts - from the moment when he/she comes into possession of the last item, batch, or part. It is sufficient to send the appropriate statement before the expiry of the time limit to the e-mail address sklep@diversesystem.com or the correspondence address of the Seller: “ETOS” S.A. ul. Bysewska 23, 80-298 Gdańsk.

2.      The statement mentioned in section 1 above may also be made using the form whose template constitutes Attachment No. 1 to these Terms and Conditions.

3.      In the case of withdrawal from the Contract of Sale of Goods concluded remotely, the Contract of Sale is considered as not concluded.

4.      If the Consumer made a statement of withdrawal from the Contract of Sale before the Seller has accepted his/her offer, the offer ceases to be binding.

5.      The Consumer also has the right to return purchased products in the Online Store, in any Diverse store in the territory of the Republic of Poland.

6.      The Consumer shall be obliged to return the Goods to the Seller or transfer them to a person authorised by the Seller to collect them promptly, however, no later than 14 days from the date of withdrawal from the Contract of Sale, unless the Seller proposed that the Seller collect the Goods himself. In order to meet the deadline it is sufficient to send back the Goods before its expiry. The Goods shall be packed in a manner which guarantees their safe transport.

7.      The Consumer shall bear the direct costs of returning the Goods (cost of sending back).

8.      The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

 

Seller's obligation

9.      The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract of Sale, return to the Consumer all payments made by him, including the costs of delivery of the Goods, while if the Seller has not offered to collect the Goods from the Consumer himself, he may withhold reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of a proof of its return, depending on which event occurs first. The Seller shall refund the costs of delivery of items to the amount corresponding to the cheapest shipping option available for the Order.

10.   The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another way of return that does not involve any costs for him.

11.   If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him on this account. The Seller shall not be obliged to reimburse the Consumer the costs of delivery of the Goods to him, if the Consumer has withdrawn from the Contract of Sale only in part, and the order of the Goods in the scope of which the Consumer withdraws from the e Contract of Sale did not affect the amount of delivery costs for the entire Order. In the event that the Consumer has withdrawn from the agreement only in part, and the order of the Goods in the scope of which the Consumer withdraws from the Contract of Sale affected the costs of delivery, the Seller shall be obliged to reimburse that part of the costs of delivery of the Goods to the Consumer, which was related to the inclusion of the given Goods.

12.   We suggest attaching a proof of purchase, in order to facilitate the return process.

 

Statutory exclusion of the right of withdrawal from the Contract of Sale:

13.   The right to withdraw from the Contract of Sale does not apply in situations referred to in Article 38 of the Act, i.e in relation to contracts:

(a) for the provision of services, where the entrepreneur has performed the service in full with the express consent of the consumer, who has been informed before the performance of the service by the entrepreneur that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;

(b) in which the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the trader and which might occur before the end of the withdrawal period;

(c) in which the object of the supply is a non-reproduced item produced to the consumer's specifications or to meet his individual needs;

(d) in which the subject matter of the supply are items which, after delivery, because of their nature, are inseparably combined with other items;

(e) concluded through a public auction.

14.   In the case of other Customers who do not have the status of consumers, the principles and time limits for withdrawal from the contract are governed by the provisions of the Civil Code.

15.   The provisions of these Terms and Conditions concerning the Consumer, in particular the right to withdraw from the Contract of Sale of Goods, shall also apply to a natural person who concludes a contract directly related to his/her business activity, when the content of the contract indicates that it is not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.

 

§ 8.

Warranty for physical defects of the Goods (Complaints)

1.      The Seller shall be obliged to deliver Goods free from defects and shall be liable for defects of the Goods.

2.      A physical defect consists in inconsistency of the sold Goods with the Contract of Sale.

3.      The Seller shall not be liable for defects of the Goods when the Goods suffer mechanical damage, which was not notified to the carrier upon receipt of shipment, except for contracts concluded with Consumers.

4.      We suggest enclosing a proof of purchase in order to facilitate the complaint process. The basis for the adoption of the complaint is any proof, including in particular proof of purchase of goods (receipt or invoice VAT).

5.      The complaint can be lodged in any Diverse Store, the list of which is available at the link https://www.diversesystem.com/znajdz-sklep.html or sent to the address: “ETOS” S.A, ul. Bysewska 23, 80-298 Gdańsk, with the note : Complaint diversesystem.com. When lodging a complaint we suggest using the form available at the link https://diversesystem.com/pl/sklep/druk-reklamacji.

6.      If the sold Goods have a defect, the Customer may:

a) demand to replace the Goods with goods free from defects or

b) demand removal of defects; or

c) make a declaration to reduce the price or withdraw from the Contract of Sale, unless the Seller shall immediately and without undue inconvenience for the Customer replace the defective Goods with Goods free from defects or remove the defect. This restriction shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the goods with goods free from defects or remove defects, referred to in items a) or b).

The cost of replacement or repair of defective goods (subject to Article 5611 § 2 and 3 of the Civil Code) shall be borne by the Seller. The cost of delivery of defective goods to the Seller will be reimbursed to the Customer using the same methods of payment that were used in the original transaction, unless the Parties agree a different way.

7.      In the case of observing by the Consumer of non-compliance of the Goods with the Contract of Sale (physical defect), the Consumer should send back to the Seller the claimed Goods, together with a description of non-compliance.

8.      The Seller is liable under the warranty if a physical defect is found before the lapse of two years from the date of issuance of the Goods.

9.      The Seller is obliged to consider each complaint within 14 days. Replacement of defective goods with goods free from defects or removal of defects will take place within a reasonable time, of which the Buyer will be informed, without undue inconvenience for the Buyer.

 

§ 9.

Other rights and obligations

1.      An agreement for the provision of services by electronic means (to use the Online Store) is concluded for an indefinite period.

2.      Either Party may terminate the agreement for electronic services (for use of the infrastructure of the Store - Customer Account) at any time and without giving reasons, subject to the retention of rights acquired by the other Party before the termination of the agreement and the provisions below.

3.      A Customer who has made the Registration terminates the agreement for the provision of services by electronic means by independently deleting the Account, or requesting removal of the Account to the Seller, but in the case of requesting removal of the Account to the Seller, the agreement is terminated after a period of notice of 5 days.

4.      The Seller, wishing to terminate the agreement for the provision of services electronically, will inform the Customer at the e-mail address provided by the Customer during Registration, within 14 days before the planned date of deleting the Customer Account.

5.      The Seller has the right to terminate the agreement for the provision of services electronically with immediate effect, possibly suspend the provision of services to the Customer, if the Customer violates the provisions of these Terms and Conditions and as a result of ineffective call the Customer to cease the above violations with a deadline of at least 3 working days. The call of the Customer is not required if its actions violate the provisions of the applicable law.

6.      The Seller shall make it possible in each of the Diverse Stores to accept used portable batteries purchased in the Online Store (including together with the Goods in which they are used) into the provided container.

 

§ 10.

General terms of using the Online Store

1.      The Seller provides the following services by the Online Store:

a) presentation of the Store's offer,

b) possibility of placing Orders for Goods available at the Online Store and thereby concluding Distance Selling Agreements,

c) possibility of using a Customer Account,

2.      Access to the services referred to in item 1 points a and b above does not require Registration.

3.      Access to services specified in item 1 point c above require Registration.

4.      To use the Online Store it is required that the Customer has a device with Internet access equipped with a web browser (recommended Mozilla Firefox version at least 24.0, Opera from version 10, Google Chrome version 28.0 or later or MS Internet Explorer version at least 8.0 or later), which provides support for cookies and Javascript. It is acceptable to use other versions of web browsers, if they provide full compatibility with the versions listed above.

5.      For safe use of the Online Store, it is recommended that the device used by the Customer in particular has:

a) an anti-virus system with the latest version of virus definitions and updates,

b) an effective firewall,

c) all available updates of the operating system and of the Internet browser relating to security installed,

d) activated function of accepting cookies and Java Script in the web browser,

e) software capable of reading files in PDF format.

 

§ 11.

Dispute resolution

1.      The settlement of any disputes arising between the Seller and a Customer who is a Consumer shall be subject to the competent courts in accordance with the provisions of applicable laws, in particular the provisions of the Code of Civil Procedure.

2.      Resolving any disputes arising between the Seller and a Customer who is not a Consumer is subject to the competent court for the seat of the Seller.

 

 

§ 12.

Personal data

1.      The administrator of personal data is the Seller, whose registration and contact details are indicated in the provisions of § 1 of the Terms and Conditions.

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 shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 RODO) and other generally applicable provisions.

4.      Data obtained by the Administrator in the course of placing an order and concluding a Contract of Sale are processed in connection with (purposes of processing):

(a) the need to perform the agreements concluded by the Customer with the Administrator, as well as actions taken prior to the conclusion of the said agreements at the request of the Customer (Article 6(1)(b) of the RODO),

b) the need to fulfil a legal obligation incumbent on the Administrator (Article 6(1)(c) RODO).

5.      In the case of initiating a newsletter subscription, personal data is processed on the basis of consent to the processing of personal data for marketing purposes in connection with the sending of commercial information in the form of a newsletter (Article 6(1)(a) RODO).

6.      The Customer's personal data may be processed in connection with the legitimate interest of the Administrator to secure and pursue claims (Article 6(1)(f) RODO).

7.      Providing personal data is voluntary, but required to place an order, conclude a Contract of Sale and its proper implementation.

8.      The Customer’s (Buyer's) personal data may be transferred, depending on the selected method of delivery of the order and method of payment, to the selected carrier or agent carrying out the shipment on behalf of the Administrator for the purpose of delivery, as well as to an entity handling electronic payments or payment card payments, to entities handling cashless payments to the Administrator, to entities concluding a consumer loan agreement with the Customer for the purchase of Goods, to entities providing hosting/server services and IT entities maintaining an online shop.

9.      Personal data shall be stored for the period necessary to: (1) securing or pursuing potential contractual claims, (2) after-sales service for the Buyer (complaint handling), (3) fulfilling the legal obligation imposed on the Administrator (resulting, for example, from accounting and tax regulations). Personal data processed for marketing purposes and for purposes other than those mentioned above will be processed until the previously given consent to their processing for these purposes is withdrawn or until an objection is raised.

10.   Should the Administrator plan to further process the personal data for a purpose other than the purpose for which they were collected, he shall inform the Buyer about this other purpose and provide any other relevant information before such further processing.

11.   The Buyer has the right to demand from the Administrator access to his personal data, their rectification, erasure or restriction of processing, the right to object to their processing and the right to their transfer. The Buyer also has the right to lodge a complaint with a supervisory authority."

12.   For more detailed information on the processing of personal data, please refer to 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. Such processing may result in the sending of contextualised advertising and the provision of information on purchase history as well as the collection of information necessary to process payments

 

§ 13.

Final provisions

1.      The Consumer has the right to negotiate the terms of these Terms and Conditions. In order to exercise this right the Consumer should contact the Seller by mail, e-mail or telephone.

2.      In matters not covered by these Terms and Conditions generally applicable relevant provisions of Polish law shall apply. These Terms and Conditions, however, do not deprive the Consumer of the protection granted to him under mandatory provisions of the law of the place of the Consumer's habitual residence.

3.      Customers can access to the Rules and Regulations at any time and free of charge through an online reference (i.e. link) placed on the homepage of the Shop and make a printout.

4.      Information about the Goods given in the Store, in particular their descriptions, technical and performance parameters and prices, are an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

5.      Exclusive rights to content available in the Online Store, in particular copyright to images, name of the Store, trademarks of the Seller and producers of Goods, their components, graphics, software and database rights are protected by law and belong to the Seller or entities with which the Seller has entered into appropriate agreements. It is prohibited to copy or otherwise use any elements of the Store without the consent of the Seller.

 

 

Attachment No. 1 to the Regulations

TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT OF SALE

(this form should be filled in and returned only if you wish to withdraw from the Contract of Sale)

 

Date: ............................................................

 

Addressee:

Contact details:

"ETOS" S.A.

Bysewska Street 23

80-298 Gdańsk,

Poland

Tel. +48585000829 or +48585000825; Mon. to Fri. 9.00 am to 3.00 pm

e-mail: sklep@diversesystem.com

 

I hereby inform about my withdrawal from the contract of sale of the following Goods:

 

...................................................................................................................................................................................................

 

 

Date of collection of the Goods: ..........................................................................................................................................

Name of Consumer: ..............................................................................................................................................

Consumer's address: ..............................................................................................................................................................

Order number: ................................................................................................................................................

Telephone number: ................................................................................................................................................

Consumer's e-mail address: ................................................................................................................................................

Account number: .................................................................................................................................

........................................

Additional comment:

....................................................................................................................................................................................

Consumer's signature (only if the form is sent on paper form).