Terms and Conditions and Return Policy
Terms and conditions of distance sales and services provided via electronic means – ONLINE STORE TERMS AND CONDITIONS
This document specifies the terms and conditions for the Online Store available at https://diversesystem.com/en/home, run by ETOS S.A., with a registered seat in Gdańsk (80-298), ul. Bysewska 23, entered into the Registry of Entrepreneurs of the National Court Register at the District Court in Gdańsk, 7th Economic Division of the National Court Register, under the numbers: KRS 0000178415, NIP: 584 030 32 02, REGON 192975787, with a fully paid-up share capital of 55,055,102 PLN, and, in particular, defines the rules applicable to the placement of Orders and Contracts of Sale concluded via remote means of communication, as well as those governing the use by Customers of all the services provided by the Store.
Quick contact details for the Vendor (Address / contact details):
ul. Bysewska 23
Tel. +48585000829; Mon to Fri from 9.00 am to 3.00 pm
Contact details for refund claims filed in the online store:
ETOS S.A. with an annotation – REKLAMACJA diversesystem
ul. Bysewska 23
Tel. +48585000829; Mon to Fri from 9.00 am to 3.00 pm
The terms used herein shall have the following meaning:
1) Customer – a natural person, including a Consumer, at least 18 years of age, as well a legal person or organizational unit without a legal personality, to whom special provisions grant legal capacity, and who has placed or intends to place an Order or uses other Services provided by the Online Store;
2) Consumer – a natural person performing a legal action with the entrepreneur which is not directly related to its business or professional activity;
3) Account (Customer Account) – a subpage of the Online Store, where a 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 via electronic means. With respect to online services, these Terms and Conditions constitute the regulations mentioned in art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means;
5) Registration – a one-time free 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 "Store") – a website available at https://diversesystem.com/en/home, where Customers may place Orders and use other Store Services;
7) Party – a Service Provider or Customer;
8) Merchandise – a movable asset that constitutes the object of a Contract of Sale;
9) Contract of Sale – a sales contract in the understanding of the Civil Code, concluded between the Service Provider and the Customer through the Store via remote means of communication, whose object is the Merchandise;
10) Service (Services) – a service delivered by the Service Provider through the Store by electronic means, in accordance with the principles laid down in these Terms and Conditions;
11) Service Provider – with a registered seat in Gdańsk (80-298), ul. Bysewska 23, entered into the Registry of Entrepreneurs of the National Court Register at the District Court in Gdańsk, 7th Economic Division of the National Court Register, under the numbers: KRS 0000178415, NIP: 584 030 32 02, REGON 192975787, with a fully paid-up share capital of 55,055,102 PLN;
12) Act – the Act of 30 May 2014 on Consumer Rights (JoL 2014, item 827);
13) Order – a statement of will by the Customer to conclude a Contract of Sale with the Service Provider, aiming directly at the conclusion of a Distance Sales Contract through the Online Store, specifying the type and number of Merchandise in question.
Obligations of the Parties
- The Customer shall use Services delivered by the Service Provider in accordance with the legal provisions in force in the Republic of Poland and the current Terms and Conditions, as well as to refrain from providing content prohibited by the law.
- Merchandise delivered by the Vendor shall be free from defects.
- If the Buyer is a Consumer, the Vendor 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 Merchandise specifies a different delivery time).
- The Customer may order Merchandise available in the current assortment via 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 order to conclude a Contract of Sale through the Online Store, the Customer needs to visit the website of the Store, select the desired Merchandise, and place an Order by completing a series of technical steps, as instructed by on-screen guidelines and notifications.
- In order for the Order to be placed successfully, the Customer needs to read and accept the Terms and Conditions.
- A Contract of Sale is concluded once the Order is placed.
Prices, payment, and delivery
- Prices are listed next to all Merchandise items and quoted in Polish zlotys as gross amounts, i.e. with the VAT included.
- Prices do not include delivery costs; these are indicated for each Merchandise separately during Order placement. The total cost includes the price of the Merchandise and delivery costs, where shipment is paid for by the Customer.
- Orders are delivered though a courier service; the Customer may also choose to pick up the Merchandise in person.
- Available payment and delivery options are described in greater detail at https://diversesystem.com/en/shop/delivery-terms
- The Customer may choose from the following payment options:
- a) cash on delivery (COD),
- b) bank transfer to the account indicated by the Service Provider (pre-payment);
- c) via the pl portal (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;
- 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 5c), shipment shall be processed after the payment has been credited to the account of the Service Provider.
- In the case of the COD payment option, the Customer shall accept the delivered Merchandise and make the payment (including shipment costs) directly to the courier who delivers the parcel. Should the Customer refuse to pay for delivery, 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 Vendor (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 Vendor 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).
- Upon the delivery of the Merchandise, we recommend that the Customer should inspect the parcel. In the event of
1) mechanical damage to the parcel,
2) its incompleteness, or
3) a discrepancy between its content and the Order,
the Consumer has the right to refuse it. In such event, a report should be written down in the presence of the courier and, without delay, brought to the knowledge to the Service Provider. It is advisable to draw up a shipping damage report in the presence of the courier in any case of damaged delivery.
- Customers who are not Consumers 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 e-mail (firstname.lastname@example.org). Refund claims concerning mechanical damage 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.
10. Pursuant to art. 548. Article 1 of the Civil Code, once it has been handed over to the Buyer (Customer), the benefits and burdens associated with the item (Merchandise) and the risk of its accidental loss or damage are transferred to the Buyer (Customer).
11. If the Merchandise is sent by the Vendor to the Consumer, the risk of accidental loss or damage is transferred at the moment in which it is handed over to the Consumer. Merchandise is understood to be handed over when it is entrusted to the courier, provided that the Vendor had no influence on the Consumer's choice of the latter.
- The Vendor may organize seasonal promotions in the Online Store. The conditions of each shall be specified in a separate set of Terms and Conditions. Where these provisions contradict those of the current Terms and Conditions, the former shall take precedence.
2. If Merchandise is purchased on promotion, the right to withdraw from the Contract of Sale, as mentioned in Article 7, may be exercised in the following manner:
1) the Consumer fully withdraws the Contract, in which case the fee is reimbursed in full,
2) the Consumer partially withdraws from the Contract (with regard only to selected items of Merchandise), in which case the price of the Order is calculated again to exclude the Merchandise given up by the Consumer in accordance with the Terms and Conditions of the Promotion; in such event, the Vendor reimburses the Consumer with the difference between amount A and amount B, where amount A is the price of the original Order placed by the Consumer and amount B is the price of the Order corrected to account for the partial withdrawal.
Consumer's right to withdraw from the Contract (return of Merchandise)
- The Consumer may withdraw from the Contract of Sale, without the need to present a reason, by filing a written statement to the effect 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 item, or, in the case of contracts covering many items delivered separately, in batches, or in parts, from the moment when he/she comes into possession of the last item, batch, or part. For the deadline to be met, it is enough to send a relevant declaration before it expires to email@example.com or the mailing address of the Vendor: ETOS S.A. ul. Bysewska 23, 80-298 Gdańsk.
- The declaration mentioned in section 1 above may also be made using the form whose template constitutes annex no. 2 to the Act and annex no. 1 to these Terms and Conditions.
- If a Party withdraws from a Contract of Sale, the contract is considered null and void.
- If the Consumer files a declaration of withdrawal from the Contract of Sale before the Vendor has accepted his/her offer, the latter ceases to be binding.
- Products purchased online may be returned to any brick-and-mortar Diverse store in the Republic of Poland, subject to specific conditions defined in the given store.
- If products purchased in a brick-and-mortar store are returned, the refund is transferred to the gift card – the information is published on the receipt and in individual stores.
- The Consumer shall return the Merchandise to the Vendor or pass it on to a third party authorized by the latter immediately, not later than within 14 days from the moment of withdrawal from the Contract of Sale, unless the Vendor agrees to pick up the Merchandise in person. In order for the deadline to be met, it is enough to ship the Merchandise before it expires. The Merchandise should be packaged in such a way as to ensure safe transport.
- The Consumer covers the direct costs of return shipment.
- The Consumer shall be liable for any diminution in the value of the Merchandise attributable to it being used in a manner beyond that necessary for determining its type, features, and functioning.
- The Vendor is obliged, immediately, not later than within 14 days since the Consumer's declaration of withdrawal from the Contract of Sale is delivered, to reimburse the Consumer for all the fees he/she has paid, including shipment costs; if the Vendor does not propose to pick up the Merchandise from the Consumer, reimbursement may be postponed until the Merchandise is returned or the Consumer submits a proof of its shipment, depending on which occurs at an earlier date.
- The Vendor returns the fees through the payment method previously used by the Consumer, unless the Consumer explicitly agrees to another option, which shall not entail any additional costs on his/her part.
- If the Consumer chose a delivery option other than the cheapest standard method offered by the Vendor, the latter is not obliged to reimburse the Consumer for the additional costs sustained.
- The proof of purchase should be attached in order to facilitate the return process.
Legal waiver of the right to withdraw from the Contract of Sale
- The Consumer shall not be entitled to withdraw from the contract in situations outlined in art. 38 of the Act, i.e. in relation to contracts:
1) for the provision of services where the trader has fully performed the service with the consumer’s explicit consent, and the consumer was informed before the commencement of the service that they would lose the right to withdraw from the contract upon the completion of the service by the trader;
2) which include a price or remuneration which depends on financial market fluctuations which are beyond the trader’s control and which may occur before the time limit for withdrawal from the contract expires;
3) where the performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
4) where the performance consists of goods which, owing to their nature, become inseparably connected to other products after delivery;
5) concluded by means of a public auction.
Statutory warranty for physical defects
- The Vendor shall ensure that the Merchandise delivered is not defective and shall be fully liable for all its defects.
- A physical defect is understood as an inconsistency of the features of the delivered Merchandise with the Contract of Sale.
- The Vendor shall not be liable for any defects produced by mechanical damage which was not reported to the courier at the time of delivery; this reservation does not apply to contracts concluded with Consumers.
- The proof of purchase should be attached in order to facilitate the refund process. Refunds are accepted based on any proof, and in particular a proof of payment (a receipt or a VAT invoice).
- Refund claims may be filed at any store operating under the Diverse brand, whose list is available online at https://diversesystem.com/en/find-a-store, or sent to the following address: ETOS S.A, ul. Bysewska 23, 80-298 Gdańsk, with a note: Reklamacja diversesystem.com. Refund claims may be filed using an online form available at http://www.diversesystem.com/redir-page-69
- If the Merchandise is found to be defective, the Customer may:
1) demand its replacement with a non-defective equivalent, or
2) demand that the defect be removed, or
3) request a price reduction or withdraw from the Contract of Sale, unless the Vendor agrees to replace the Merchandise with a non-defective equivalent or remove the defect without undue delay and excessive inconvenience to the Customer. This reservation does not apply if the Merchandise has previously already been replaced or repaired by the Vendor or if the Vendor has defaulted on the obligation to replace or repair the Merchandise specified above in section 1 and 2.
- Rights described in 6.1 and 6.2 are understood as primary, while those mentioned in 6.3 are considered secondary.
- The Buyer is not entitled to withdraw from the Contract of Sale if the defect is non-substantial.
- If the Consumer finds the features of the Merchandise to be inconsistent with the Contract of Sale (physical defect), he/she should return it to the Vendor along with a description of the inconsistency.
- The Vendor is accountable under the terms of the statutory warranty if the physical defect is detected within two years from the moment in which the Merchandise is handed over to the Customer.
- The Vendor shall consider every refund claim within 14 days.
Other rights and obligations
- A contract for online services (using the store) is concluded for an indefinite period of time.
- Each Party has the right to dissolve the contract for the provision of services via electronic means (using the infrastructure of the Store, i.e. the Customer Account) at any time and without the need to provide a reason, while respecting the rights acquired by the other Party before the dissolution of the contract and the provisions specified below.
- The Customer who has registered will terminate the contract for the provision of electronic services by deleting the Account or requesting deletion of the Service Provider's Account, whereas in the case of a request to delete the Service Provider's Account, the termination of the contract follows the 5 day notice period.
- If the Service Provider wishes to dissolve the contract for the provision of services by electronic means, a notification shall be sent to the e-mail address provided by the Customer during the Registration process 14 days before the day on which the Customer Account is to be removed.
- The Service Provider has the right to dissolve the contract for the provision of services by electronic means with immediate effect if the Customer is found to violate these Terms and Conditions or fails to heed a call to desist within a period of at least 3 working days.
1.The Service Provider provides the following Services:
1) presents the assortment of the Store,
2) enables the placement of Orders for Merchandise available in the Store to conclude a Contract of Sale,
3) enables the use of Customer Accounts,
- Access to services mentioned in 1.1-1.2 above does not require prior Registration.
- Access to the service mentioned in 1.3 above requires prior Registration.
- In order to ensure the safe use of the Online Store, Customers are recommended to use a device with:
1) an antivirus system with the most recent updates virus definitions,
2) an effective firewall,
3) all available security updates of the operating system and the web browser,
4) a permission to accept cookie files and Java Script in the web browser,
5) software which allows to read PDF files.
- Any disputes which may arise between the Service Provider and the Customer who is a Consumer shall be settled in a competent court in accordance with the appropriate provisions of the Code of Civil Proceeding.
- Any disputes which may arise between the Service Provider and the Customer who is not a Consumer shall be settled in a competent court appropriate for the registered seat of the Service Provider.
1. The Personal Data Controller is the Seller whose registration and contact details are indicated in provision of Article 1 of the Rules.
2. The Controller has appointed the following person as the Personal Data Protection Officer:
You can contact the Officer via electronic mail at firstname.lastname@example.org.
3. Personal data are processed in compliance with the 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 other generally applicable provisions of the law.
4. The data collected by the Controller at the time of making an order or concluding a sales contract are processed for the following purposes:
a) when data are necessary to perform the contracts between you and the Controller as well as to take steps prior to the conclusion of the contracts, on your request (Article 6, section 1, point b) of the GDPR);
b) when data are necessary for compliance with the legal obligation imposed on the Controller (Article 6, section 1, point c) of the GDPR).
5. If subscription to a newsletter is started, personal data are processed on the basis of consent to the processing of personal data for marketing purposes in connection with sending trade information in a form of a newsletter (Article 6, section 1, point a) of the GDPR).
6. The Buyer's personal data may be processed in relation to the Controllers' legitimate interest of securing and asserting claims (Article 6, section 1, point f) of the GDPR).
7. Provision of personal data is voluntary though necessary to make an order or conclude a sales contract and execute it properly.
8. The Buyer's personal data may be transferred, depending on the selected delivery and payment method, to the selected carrier or intermediary that handles packages as ordered by the Controller as well as to the entity servicing online payments or credit card payments, entities providing hosting/server services, and entities from the IT sector that run the online store.
9. Personal data are stored for the period of the validity of the contract (subscription to a newsletter) and for the period necessary to: (1) securing or asserting possible claims arising from the contract; (2) after-sales servicing of the Buyer (complaint handling), (3) fulfilling the Controller's legal obligation (e.g., arising from the provisions of accounting and tax law). Personal data processed for marketing and other than above purposes will be processed until prior consent to the processing for that purpose is revoked or objection is made.
10. If the Controller plans to further process personal data for the purpose other than the purpose data were collected for, the Controller will inform the data subject about such other purpose and provide all relevant information prior to such further processing.
11. The Buyer has the right to demand access to their data from the Controller of personal data; they are also entitled to correct, delete, and limit or object to the processing of their data as well as to transfer their data. The Buyer has the right to complain to a supervisory body."
- The Consumer has the right to negotiate these Terms and Conditions by contacting the Service Provider via traditional mail, e-mail, or telephone.
- In matters not covered by these Terms and Conditions, universally binding legal provisions shall apply.
- Customers may access and print out these Terms and Conditions at any time and free of charge through a link found on the Store's website.
- Information about Merchandise provided by the Store, especially item descriptions, technical and functional parameters, and prices constitute an invitation to conclude a contract in the understanding of art. 71 of the Civil Code.
- Exclusive rights to all content published in the Online Store, and in particular the copyrights for photographs, the name of the Store, the trademarks of the Service Provider and the producers of the Merchandise, their graphic elements, software, and database rights are covered by legal protection and held by the Service Provider or entities with which the Service Provider has concluded appropriate agreements. Copying and any other use of the elements of the Store is forbidden without a prior consent from the Service Provider.