Terms and conditions

§ 1. General provisions

The online shop (“Service”) is available on the website at https://fansgram.art. The entity running the Store is Dahlia sp. z o.o. with its registered office in Warsaw, Inflancka 4, 00-189 Warsaw, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Warsaw under KRS number 0000448303, REGON 146464278, NIP 5213643078, BDO 000494563, e-mail address: office@dahlia.com.pl, telephone number: 728 467 399.
These Terms and Conditions lay down the rules for the use of the Service by Clients and Business Clients, in particular the rules for the conclusion and performance of Sales Contracts, and contracts for the provision of Services and the complaint procedure applied by the Seller.

§ 2. Definitions

The terms in these Rules shall have the following meaning:
1. Customer Service Office, BOK – the Customer Service Office operated by the Seller, with which Customers or persons interested in using the Services may contact us in matters concerning Services, Sales Agreements, as well as to report any irregularities and complaints. The BOK can be contacted by e-mail: kontakt@gmcollin.pl and by telephone at +48 728 467 399 , as well as through the contact form available at the Service;
2. Working days – days from Monday to Friday, excluding public holidays;
3. Form – an electronic form available in the Service allowing the Customer to submit an Order, which is the Service, the so-called Order Form;
4. Konsument – a customer who is a natural person, carrying out legal activities with the Seller, not directly related to his business or professional activity;
5. Account – Service provided to Clients who have registered in the Service under the terms and conditions described in the Terms and Conditions, allowing the submission of Orders and the purchase of Products in the Service, access to the history and status of Orders filed through the Service, as well as access to the data provided during registration or during the use of the Account and their editing;
6. Customer – a natural person who is a Consumer or Entrepreneur-Consumer who uses the Service and, in particular, submits the Contracts on the terms described in the Rules of Procedure;
7. Business customer – a natural person conducting an economic activity on the basis of an entry in the Central Register and Information on Business Activity or a legal person entered in the Register of Entrepreneurs of the National Court Register which uses the Service, including, in particular, placing Contracts on the terms and conditions described in the Rules of Procedure;
8. Seller – Dahlia sp. z o.o. with its registered office in Warsaw, Inflancka 4, 00-189 Warsaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Warsaw under KRS number 0000448303, REGON 146464278, NIP 5213643078, BDO 000494563;
9. Terms and conditions – these Terms of Service, available at: gmcollin.pl/regilamin-store once at the Vendor’s premises;
10. Product – a movable item available in the Service, which may be the subject of the Order and the Sales Agreement;
11. Business–Konsument – the natural person who uses the Service, in particular, submits an Order where the performance of this activity is not of a professional nature to him arising, in particular, from the subject of the business activity carried out, made available on the basis of the provisions on Central Registration and Information on Business Activity;
12. Website – Internet service for the sale of Products, operated by the Seller, available at: https://fansgram.art/
13. Umowa sales – the contract for the sale of Products concluded between the Seller and the Customer or Business Client via the Service.
14. Service – service provided electronically by the Seller to the Customer or Business Client, via the Service.
15. Order – a statement made by the Customer or Business Client via the Form available in the Service, which is equivalent to the submission of an offer to conclude the Sales Contract of products subject to the Order, specifying their type, quantity, personal data of the Customer or provided by the Business Client, the method of payment and delivery and the address of delivery of the Products.
16. DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market in digital services and amending Directive 2000/31/EC (Digital Services Act) as part of the Legally Banned Content Service.

§ 3 Terms and Conditions of Service

Through the Service, the Seller presents Products and allows customers to submit Orders on the terms described in the Terms and Conditions. The Terms and Conditions specify the scope and type of Services provided through the Service, the terms and conditions of concluding and terminating the Sales Agreements of Products and the terms and conditions of using the Service, including functionality provided to the Clients.
The Seller provides the following Services through the Service:
1. enabling the Client or Business Client to establish an Account in the Service by providing an electronic account registration form, and then conducting and handling an Account allowing to use the functionality available in it (access to the history of Orders, data editing),
2. enabling the Customer to submit the Order via the Form (both after registration and without registration of the Account),
3. providing the Customer with the possibility to subscribe to the Newsletter and provide the Newsletter.

[Customer account]

Registration of the Account in the Service is voluntary.
The Seller provides the Account Maintenance and Service Service Service free of charge, for time not specified.
Registration Account in the Service requires filling in the registration form provided in the Service by providing true and correct data to the Client.
For registration of the Account in the Service it is necessary to provide data covering the name, e-mail address (login) of the Client and to establish the password. During registration or at a later stage of use of the Account, the Client may provide additional data covering the billing address and the address for dispatch. Providing data not marked as required is not a condition for providing the Service to maintain and operate the Account in the Service.
After completing the registration form, the Customer should use the “Register” or similar button, as well as checkbox confirming the reading of these Terms and Conditions, which will send the completed registration form to the Seller and read the information clause provided under the form, as well as the Privacy Policy.
After sending the registration form by the Client, the Seller sends to the e-mail address provided in the registration form, an e-mail with a verification link through which the Customer should confirm (verify) the e-mail address provided during the registration.
As soon as the Customer confirms the e-mail address as described above, the Seller creates an individual Account in the Service for the Client, and the Client obtains access to it. At this point the registration is terminated. The conclusion of the registration and the creation of the Account is confirmed by the Seller by e-mail sent to the Client’s e-mail address provided in the registration form.
The Customer should read the contents of these Terms and Conditions and Privacy Policy before registering the Account.
After registration of the Account, the Client may log in to the Service using the e-mail address and passwords given during the registration. If you lose access to an e-mail address allowing logging in to the Account or losing the password, the Client should contact the BOK or use the possibility to change the password available in the login panel to the Account.
The customer can delete the Account in the Service at any time and without giving a reason by sending an appropriate request to the Seller, via e-mail to the address: kontakt@gmcollin.pl or in writing to the address of the Seller’s headquarters.

[Business customer account]

Registration Account by Business Client, is required to use the Service.
The Seller provides the Account Maintenance and Service Service Service free of charge, for time not specified.
Registration of the Business Client Account in the Service requires completion of the application for registration of the Business Client Account made available in the Service by providing true and correct data of the Business Client and a positive examination of the registration application by the Seller.
In order to register an Account in the Service, it is necessary to provide in the application for registration of data covering the name of the person serving the Account, the e-mail address (login) of the Business Client, the NIP, the name of the company and the establishment of a password. The provision of data not marked as required is not a condition for providing the Service of Conduct and Service of the Account in the Service.
After completing the registration application, the Business Client should use the “Register” or similar button, as well as checkbox confirmation of reading these Terms and Conditions, which will send a completed registration application to the Seller and read the information clause on the form as well as the Privacy Policy.
After sending the registration application by the Business Client, the Seller reserves the right to establish the Business Client Account to selected entities fulfilling the terms of the Seller. The completion and sending of the registration application does not guarantee the establishment of the Business Client Account.
In the event of a positive examination of the registration application of Business Client, as soon as the Business Client confirms the e-mail address as described above, the Seller creates an individual account for the Client at the Service, and the Business Client obtains access to it. At that moment the registration is completed. The conclusion of the registration and creation of the Account is confirmed by the Seller by e-mail sent to the Business Client’s e-mail address provided in the registration form.
The Business Client should read the contents of these Terms and Conditions and Privacy Policy before registration of the Account.
After a positive examination of the registration application submitted by the Business Client and registration of the Account, the Business Client may log in to the Service using the e-mail address and passwords provided in the application. In case of loss of access to the e-mail address allowing login to the Account, or loss of password, the Business Client should contact the BOK or use the possibility to change the password available in the login panel to the Account.
The Business Client can at any time and without giving a reason remove the Account in the Service by sending an appropriate request to the Seller, via e-mail to: kontakt@gmcollin.pl or in writing to the address of the Seller’s headquarters. Removing the account results in the termination of the contract for the provision of the Service Account Conducting and Service Service.

[Order form]

Use of the Form Service is voluntary and free of charge.
In order to start using the Service Form, the Customer and Business Client should add at least one Product to the electronic basket in the Service. The Seller provides the Customer and Business Client with the Service Form immediately after adding to the electronic basket in the Service of the first Product. The form allows the Customer and Business Client to submit an order for the Products contained in their electronic basket.
In order to submit an order, the Client and Business Client are obliged to:
1. adding to the electronic basket of Products located in the range of Seller in the Service,
2. complete the Form by:
  1. in the case of the Client – the name, street, house/house number, postal code, locality, e-mail address, telephone number, and in the case of Entrepreneurs-Consumers – also the name of the company and NIP, and data concerning the Sales Agreement, i.e. names, types and quantities of Products, place and method of delivery of Products, the chosen method of payment;
  2. in the case of a Business Client – providing data covering the name / name of the company street, home/local number, postal code, locality, e-mail address, telephone number, and NIP and data concerning the Sales Contract, i.e. names, types and quantities of Products, place and method of delivery of Products, selected method of payment.
3. clicks on the message displayed under the Message Form ‘Jump to payment’ or similar.
Until you click on the “Go to payment” message, the Customer and Business Client have the option to modify the Form themselves (e.g. the quantity of products ordered or the given delivery address). To modify the Form, the Customer and Business Client should follow the messages displayed on the Service.
The Form Service is a one-off and is performed at the moment when the Customer and the Business Client submits the Order via the Form, or at the time of prior resignation from the Order by the Customer (e.g. by deleting Products located in an electronic basket).

[Technical requirements]

To use the Services offered through the Service, including to view content, submit orders through the Form and use the Account, it is necessary that the Customer and Business Client fulfil the following technical conditions:
1. having a multimedia device (e.g. laptop, desktop computer, tablet, phone) with Internet access,
2. having a web browser not older than three available in relation to its current version,
3. having an active email account,
4. enable in the browser the possibility to save technical cookies and support Java.
The Seller informs that the Services available through the Service do not require any interaction with computer equipment or software other than those commonly used to use interactive forms, accounts in e-shops and newsletters. This means that the Customer and Business Client meet the technical conditions referred to above is sufficient to use the Services available through the Service.
The Seller informs the Client and Business Client about the need to install updates concerning the Services. Information about the available updates and consequences of their failure to install them is addressed to the Client and Business Client to the e-mail address assigned to his Account and includes a deadline for installing it, as well as, where necessary, the installation instructions. The lack of updates within the period referred to in the preceding sentence excludes the Seller’s liability for incompatibility of the Service with the contract if:
1. the non-compliance of the Service with the contract is solely due to the lack of updates,
2. The Seller informed the Customer or Business Client about the update and consequences of its failure to install it on the terms described above, and
3. the lack of installation or incorrect installation did not result from errors in the installation instructions provided to the Client or Business Client by the Seller.

[Customer and business customer obligations]

Clients and Business Clients undertake to use the Service in the following ways:
1. in accordance with the law, the principles of social coexistence and good manners,
2. without prejudice to the rights of third parties, including their personal property,
3. in accordance with the purpose of this Service and does not interfere with its operation, as well as respect for copyright and intellectual property of the Seller and third parties.
Clients and Business Clients undertake to exercise due care when establishing the password to the Account, and to not disclose the data for logging into the Account to third parties.

§ 4. Proceedings in Customer Complaints Concerning Services

The Seller takes action to ensure the correct operation of the Services and the Service, to the extent that it results from current technical knowledge and undertakes to immediately remove defects or interruptions in the operation of the Services or Service that have been reported by the Clients.
The Seller declares that the Services available on the Service meet the conditions set out in the description of each Service, including suitable for the purposes for which they are intended. The Seller undertakes to deliver the Services to the Client without defects and assumes responsibility in the event of their occurrence, in accordance with the provisions of the Consumer Rights Act of 30.05.2014.
The Customer may submit complaints concerning the provision of Services by the Service Vendor (non-compliance of the Service with the contract) or other complaints related to the operation of the Service (excluding Product Complaints described in these Terms and Conditions), by contacting the Vendor:
1. personally at the Vendor’s headquarters,
2. pisemnie na adres:: ul. Inflancka 4, 00-189 Warszawa
3. by e-mail to office@dahlia.com.pl, or
The Seller recommends that in the content of the complaint the Customer provide at least: contact details, including the name and address for correspondence, as well as the nature and date of the circumstances justifying the complaint.
The seller shall respond to the complaint within 14 calendar days of receipt.
If the Customer has not received access to the Service in accordance with these Terms and Conditions (e.g. cannot log in to the Account for the first time after registration), the Customer should call on the Seller to provide the Service without delay, at the latest within 2 working days. If the Seller fails to provide the Service under the conditions described in the preceding sentence, the Customer is entitled to withdraw from the Service Contract.
The Customer shall have the right to withdraw from the Service Contract without prior notice to the Seller to provide it, if:
1. The seller has declared or, as a result of the circumstances, that he will not provide the Service,
2. The Seller did not deliver the Service without delay, and such a deadline for delivery of the Service was important to the Client.
Regardless of the above, the Customer has the right to withdraw from the Service Contract also if the Service is incompatible with the Agreement, and:
1. it is impossible to bring the Service into conformity with the contract or requires excessive costs on the part of the Seller,
2. The Seller failed to bring the Service into conformity with the contract within a reasonable time and without undue inconvenience to the Client,
3. The service is defective, even though the Seller tried to bring it into conformity with the contract,
4. failure of the Service to comply with the contract is so important that the Customer has not previously requested the removal of the defect,
5. The seller declared or otherwise clearly informed the Customer that it is not possible to remove the defect in a reasonable time or without undue inconvenience to the Customer.

§ 5. Purchases of Products by Customers

[Placing orders and concluding a sales contract as a customer]

The Customer may submit orders for Products 24/7 and throughout the year, excluding technical and maintenance breaks. The Customer shall be informed in good time of the planned technical and maintenance breaks excluding or limiting the possibility of submitting the Order and concluding the Sales Agreement.
Orders placed on days off from work The Seller executes on the first working day after the day on which the Customer submitted the Order.
The Contract of Sale between the Seller and the Customer is concluded after the Customer has placed the Order in accordance with the procedure described in these Terms and Conditions.
After the Order has been filed, the Seller confirms its receipt and proceeds to its completion. Confirmation of acceptance and execution of the Order, the Customer receives from the Seller the e-mail address indicated in the Form. Confirmation of acceptance and execution of the Order shall include confirmation of conclusion of the Sales Agreement and a list of ordered Products together with their unit prices, total price, delivery costs and the method and estimated delivery time.
The seller documents the sale of the Products to the Customer by issuing proof of purchase in the form of an electronic invoice sent to the Customer’s e-mail address provided in the Form. When placing the Order, the Customer at the same time confirms that he agrees and requests receipt of electronic invoices to the e-mail address provided by the Customer in the Form.
The agreement to receive electronic invoices referred to in paragraph 5(5) above shall also include the agreement to receive corrective invoices, corrective notes and duplicates of sales documents in electronic form.

[Product prices]

The prices of the Products presented by the Seller in the Service are the prices expressed in Polish zlotys. The prices of the Products contain the current VAT rate.
The price visible at each Production in the Service is the binding price at the time when the Customer placed the Order.
To the total price of the products covered by the Order, the Seller counts the cost of the shipment. The cost of the shipment depends on the method of delivery chosen by the Customer.

[Payments]

The Customer has the possibility to use the following payment methods in the Shop:

payment via BLIK code (https://www.blik.com/dokumentacja),
payment via Apple Pay (https://www.apple.com/pl/apple-pay/),
payment via Google Pay (https://safety.google/pay/),
payment per download,
online payment (electronic payment or payment card) via PayNow (https://www.paynow.pl/regulaminy).
After selecting the payment method excluding “on download”, the Customer is obliged to make the payment for the Order immediately after the Order has been placed. If you choose the form of payment for collection, the Customer is obliged to make the payment on receipt of the Order.

The entity providing online payment service is mElements S.A. Available forms of payment: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.

[Delivery terms]

Ordered Products are delivered at the address indicated by the Customer in Poland.
Delivery of Products to the Customer is payable for orders with a value of less than PLN 499,00 gross. In such case, the delivery costs of the ordered Products are borne by the Customer, which will be informed at the acceptance of the submitted Order. In case of the Order above the amount of PLN 499,00 gross, the delivery of Products to the Customer is free of charge. If you choose the form of payment for collection, the cost of such transaction on the Vendor’s side will be added to the final sum of the Order.
Delivery costs The Customer is clearly informed, before placing the Order, in the Order Form in the Service, after choosing the delivery method.
The seller allows the Customer to use the following delivery methods:
– courier delivery,
– delivery to the parcel – if the package with the order exceeds the standard sizes allowed as part of the package delivery, the shipment of the Order to the package may not be possible. The product card on the order will contain information about the size of the package and possible delivery possibilities.
The delivery cost of the Products and the delivery time of the Order depends on the method of delivery chosen by the Customer. The delivery time must not exceed 14 Working Days (not applicable to Products ordered as so-called preorders).
In the absence of receipt of the shipment by the Customer, the Seller, upon prior call for receipt of the shipment, is entitled to charge the Customer the costs of return or storage of the shipment.
The delivery time of the Products shall be counted from the date of recognition of the Bank or Settlement Account of the Seller.

§ 6. Purchases of Products by Business Clients

[Placing orders and concluding a sales contract as a business customer]

The Customer may submit orders for Business Products round the clock, 7 days a week and throughout the year, excluding technical and maintenance breaks. The Seller informs the Business Client in good time of the planned technical and maintenance breaks excluding or limiting the possibility of submitting the Order and concluding the Sales Agreement.
Orders placed on days off from work The Seller executes on the first working day after the day on which the Customer submitted the Order.
The conclusion of the sales agreement between the Seller and the Business Client follows the conclusion of the Business Customer’s Order.
After submitting the Order, the Seller confirms receipt and proceeds to its execution. Confirmation of acceptance and execution of the Order, the Business Client receives from the Seller at the e-mail address indicated in the Form. Confirmation of acceptance and execution of the Order includes confirmation of conclusion of the Sales Agreement and a list of ordered Products along with their unit prices, total price, delivery costs and the method and estimated delivery time.
The Seller documents the sale of the Products to the Customer by issuing proof of purchase in the form of an electronic invoice sent to the e-mail address of the Business Client. provided in the Form. By submitting the Order, the Business Client at the same time confirms that he agrees and requests receipt of electronic invoices to the e-mail address provided by the Customer in the Form. The consent to receiving the electronic invoices referred to above also includes consent to receipt of corrective invoices, corrective notes and duplicates of sales documents in electronic form.

[Product prices]

The prices of the Products presented by the Seller in the Service are the prices expressed in Polish zlotys. The prices of the Products contain the current VAT rate.
The price visible at each Production in the Service is a binding price at the time of placing the Business Customer Order.
To the total price of the products covered by the Order, the Seller counts the cost of the shipment. The cost of the shipment depends on the method of delivery chosen by the Business Client.

[Payments]

Business Client has the possibility to use the following payment methods in the Shop:
1. payment via BLIK code (https://www.blik.com/dokumentacja),
2. payment via Apple Pay (https://www.apple.com/pl/apple-pay/),
3. payment via Google Pay (https://safety.google/pay/),
4. payment per download,
5. online payment (electronic payment or payment card) via PayNow (https://www.paynow.pl/regulaminy)
After selecting the payment method referred to in the above, the Business Client is obliged to make the payment for the Order immediately after the Order has been placed. In case of selecting the form of payment for collection, the Business Client is obliged to make the payment on receipt of the Order.
The VAT invoice is issued by the Seller after booking the total amount for the data Order in the Seller’s bank account. At the request of the Business Client, the Seller may also issue a proforma VAT invoice.

The entity providing online payment service is mElements S.A. Available forms of payment: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.

[Delivery terms]

Ordered Products are delivered at the address indicated by the Business Client in Poland.
Delivery of Products to the Business Client is payable for orders worth less than PLN 20.00 gross. In this case, the cost of delivery of the ordered Products shall be borne by the Customer, as it will be informed when accepting the Order submitted. In the case of the Order above the amount of PLN 499,00 gross, the delivery of Products to the Business Client is free of charge. In the case of selecting the form of payment for collection, the cost of such a transaction on the Seller’s side will be added to the final sum of the Order.
The seller allows the Customer to use the following delivery methods:
– courier delivery,
– delivery to the parcel – if the package with the order exceeds the standard sizes allowed as part of the package delivery, the shipment of the Order to the package may not be possible. The product card on the order will contain information about the size of the package and possible delivery possibilities.
The delivery cost of the Products and the delivery time of the Order depends on the method of delivery chosen by the Customer. The delivery time must not exceed 14 Working Days (not applicable to Products ordered as so-called preorders).
In the absence of receipt of the shipment by the Customer, the Seller, upon prior call for receipt of the shipment, is entitled to charge the Customer the costs of return or storage of the shipment.
The delivery time of the Products shall be counted from the date of recognition of the Bank or Settlement Account of the Seller.
The cost of delivery of Products and delivery time Orders are dependent on the method of delivery chosen by the Business Client.
The delivery time of the Products is calculated from the date of recognition of the Seller’s bank account or billing account. The ordered Products are delivered at the address indicated by the Business Client in Poland.

§ 7. [Seller’s liability and complaints concerning purchases by business customers]

The ordered product is non-refundable unless the Seller has issued to the Business Client a defective product, incomplete or other than it was originally ordered by the Business Client. Any return may be made after arrangements with the Seller and after the Vendor has given its consent.
The danger of loss or damage at the time of issue of the Product passes to the carrier or supplier of the Goods.
Any claims regarding the non-compliance of the Product with the contract should be addressed directly to the Seller, who will make efforts to resolve them together with the manufacturer of the Product. Regardless, the Seller’s liability for the warranty for the defects of the Product to the Business Client is excluded.
The Business Customer at the time of receipt of the Product from the carrier or supplier of the Product is obliged to examine the condition and contents of the shipment in the presence of the carrier or supplier. In the event of any deficiencies or damage in the Order, the Business Customer should draw up a damage report and forward it directly to the supplier or carrier’s employee, send it to the designated contact point to the supplier or carrier.
In the case of non-compliance of the Product ordered with the Agreement, especially in terms of the quantity and quality of the Products supplied, the Business Client is entitled to submit a complaint.
The complaint should contain the Order number, delivery date and VAT invoice number and Business Client data and include a photo together with a description of the defect. The complaint letter should be sent by e-mail to: office@dahlia.com.pl
Any disputes between the Seller and the Business Client shall be brought before the court competent for the seat of the Seller.
The Seller, nor its representatives, employees or co-workers, shall be liable for any damage, direct or indirect, including loss of profits on the part of the Business Client or its partners, image damage, unless the damage was caused by the Seller’s intentional action.
Responsibilities of the Seller towards Business Client are limited to the one-time price due to the Seller for the Product in question, which was caused on the Buyer’s side of the damage.

§ 8. [Seller’s liability to customers for goods that do not conform to the sales contract]

The Seller declares that the products available at the Service are brand-new, original and meet the conditions set out in the description of each Product, including suitable for the purposes for which they are intended as described.
The products available on the Service are supplied to customers with the necessary packaging, accessories (if applicable) and instructions.
The Seller shall be liable to the Consumer for the non-compliance of the Product with the Agreement in accordance with the principles laid down in Articles 43a, 43b and the following Consumer Rights Act.
If the Product is incompatible with the Agreement, the Customer may request its repair or replacement.
The seller may exchange when the Customer requests the repair, or the Seller may repair when the consumer requests the exchange, if it is impossible to bring the goods into conformity with the contract in the manner chosen by the consumer or would require excessive costs for the trader. If repair and exchange are impossible or would require excessive costs for the Seller, he may refuse to bring the Product into conformity with the Agreement.
If the Product is not in conformity with the Agreement, the Customer may make a statement of price reduction or withdrawal from the Agreement when:
1. The seller refused to bring the Product into conformity with the Agreement in accordance with paragraph 5 above.
2. The Seller has not brought the Product into conformity with the Agreement in accordance with paragraph 5 above.
3. The Product’s non-compliance with the Agreement continues, even though the Seller tried to bring the Product into conformity with the Agreement.
4. The lack of conformity of the Product with the Agreement is so significant that it justifies a reduction in the price or withdrawal from the Agreement without prior use of the protection measures referred to in paragraphs 4 and 5 above.
5. It is clear from the Vendor’s statement or circumstances that it will not lead to the Product complying with the Agreement.
The seller shall not be liable for the non-compliance of the Product with the contract in so far as the Product:
1. not suitable for the purposes for which cosmetic products are usually used in the Service, or
2. does not occur in such quantities and does not possess the characteristics which are typical of cosmetic products available in the Store, which the Customer can reasonably expect from the Seller,
3. At the latest at the time of conclusion of the Sales Agreement, the Seller clearly informed the Customer that the specific characteristic of the Product deviates from the above requirements of compliance. In this case, the Seller will receive a clear and separate statement from the Customer of acceptance of the lack of a specific characteristic of the Product.
Complaints on Product defects The Customer may submit to the Vendor, for example, as follows:
1. personally at the Vendor’s headquarters,
2. pisemnie na adres: ul. Inflancka 4, 00-189 Warszawa
3. by e-mail to office@dahlia.com.pl, or
The Seller recommends that the complaint should include in particular: the Customer’s name, correspondence address or e-mail address – if the Customer wishes to receive a reply by e-mail, order number, date of purchase of the Product, the type of Product advertised, the exact description of the defect and the date of its determination, the Customer’s request, as well as an indication of the method preferred by the Customer to respond to the complaint.
In case of receipt of a Defective Product, the Customer shall be entitled to a request for a reduction in the price or withdrawal from the contract, in the following cases:
1. The Customer first requested the replacement of the Defective Product for defects free of defects or deletion of defects, and the Seller refused to comply with this request due to the lack of possibility or excessive replacement costs or the removal of defects,
2. Despite taking into account the Customer’s request, the Seller did not exchange in a reasonable time and without undue inconvenience for the Customer, the Defective Product for fault-free or removed defects, including not receiving the Product from the Customer at its expense,
3. The product remains defective despite the Vendor trying to bring the Product into conformity with the contract,
4. the lack of conformity of the Product with the contract is so important that the Customer has not previously requested the replacement of the Product or the removal of the defect,
5. The Seller has declared or otherwise clearly communicated that it is not possible to replace or remove a Product defect within a reasonable time or without undue inconvenience to the Customer.
The Seller shall be liable for the lack of conformity of the Product with the contract in existence at the time of its delivery and disclosed within two years of that date, unless the time limit for the Product to be used, as specified by the Seller, its predecessors or persons acting, is longer.
The seller shall respond to the complaint submitted without delay, but no later than 14 days from the date of receipt of the complaint.
The seller shall return to the Customer without delay, no later than 14 days from the date of receipt of the Customer’s statement of price reduction, the amount due to the Customer for this purpose.
The customer who exercises the warranty privileges in the form of a request to remove defects or replace the Product for defects free is obliged to provide the Product defective to the Seller to the address Dahlia sp. z o.o., Annopol 4a magazine H dok 70-74 03-236 Warsaw. The seller shall bear the costs of delivering the Product defective to the address above.

§9 Customer’s right of withdrawal

This right of withdrawal shall be granted only to persons who are Clients within the meaning of these Terms and Conditions.
The customer shall have the right to withdraw from the contract which he has concluded at a distance within 14 days, without giving reasons and bearing costs, except for the costs referred to in Articles 33, 34(2) and 35 of the Consumer Rights Act of 30.05.2014.
The 14-day period referred to above shall be calculated from the date on which delivery of the Products took place and, where the delivery includes many Products which are supplied separately, lots or parts, from the date on which the last Product, lot or part was delivered to the Customer. In the case of service contracts, the 14-day withdrawal period shall be calculated from the date of conclusion of the contract in question.
Derogation from a distance contract results in such a contract being deemed not to have been concluded.
The Customer should make a declaration of withdrawal from the contract concluded at a distance to the Seller, directly at the Seller’s premises, via e-mail or in writing to the address of the Seller’s premises. The details of the Seller referred to above are indicated in § 2(1)(a) and the Rules of Procedure.
In the event of withdrawal from the contract, the Customer is obliged to return the Product to the Seller without delay, but no later than 14 days from the date on which he informed the Seller about the withdrawal. To maintain the deadline, it is sufficient that the Customer assigns the Product to the Seller’s address before the expiry of the deadline referred to in the previous sentence.
If the Customer has chosen the delivery method of the Product other than the cheapest normal delivery method available in the Service, the Seller is not obliged to reimburse the additional delivery costs incurred by the Customer for the Product to the Seller.
The customer is obliged to bear the direct costs of returning the Product.
The Seller shall return to the Customer without delay, no later than 14 days from the date of receipt of the Customer’s statement of withdrawal from the Sales Agreement, any payment received from the Customer, excluding additional costs resulting from the method of delivery of the Product other than the cheapest ordinary delivery method available on the Service.
The seller returns the payment for the Products using the same method of payment used by the Customer, unless the Customer expressly agreed to a different method of return. The Customer does not bear any additional costs associated with such reimbursement.
The Seller may withhold payment for the Products received from the Customer, until receiving the Product back or providing the Customer with proof of the Product’s return – whichever event occurs in advance.
The Customer is responsible for reducing the value of the Product resulting from the use of it in a way other than necessary to determine the nature, characteristics and functionality of the Product.
The seller shall provide the Customer with a model withdrawal form, which is attached to this Regulation. The model withdrawal form is an example and is not binding on the Customer. The Customer does not need to follow this model in order to withdraw from the contract.
The right of withdrawal from a distance contract shall not be granted to the Customer in respect of contracts:
1. the subject of the benefit is the Product supplied in a sealed package which, after opening the package, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery,
2. the subject of the provision is a non-prefabricated product, manufactured according to the Customer’s specifications or intended to meet its individualised needs,
3. of which the subject of the benefit is a Product which is rapidly broken down or has a short term of use,
4. the subject of the benefit is Products which, by reason of their nature, are inextricably linked to other things,
5. for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who has been informed before the beginning of the service that, after the Seller has provided the service, he will lose the right to withdraw from the contract,
6. about the provision of digital content not stored on a durable medium, if the performance of the service started with the express consent of the Client before the expiry of the deadline for withdrawal from the contract and after being informed by the Seller of the loss of the right to withdraw from the contract.

§10 Combating illegal content

In terms of use of the Service, indirect services within the meaning of the DSA Regulation may be available. These services are addressed to users of the Service and concern the publication of opinions on the Seller’s Products in the Service. The Service of Opinion is addressed to the recipients in the territory of the Republic of Poland.
To meet the requirements of the DSA, the Seller shall endeavour to eliminate any illegal content from the service indicated above.
Each user of the Service is obliged not to supply and publish illegal content. By illegal content, it is necessary to understand content that is contrary to applicable law, including offensive, vulgar, violating the rights of third parties, violating personal property, copyright, discriminatory content, calling for violence, aggression or hatred.
The Seller reserves the right to moderate inserted content and to publish and delete content:
1. infringing the copyright or personal property of third parties,
2. containing links to suspicious websites,
3. are offensive, vulgar or otherwise violating the universal principles of social intercourse,
4. containing third party advertising or marketing material,
5. not applicable to the purchased Product.
All information about illegal content on the Website should be reported to the e-mail address: dsa@dahlia.com.pl
In the event that the Vendor has received information about the presence of illegal content on the Service, we will immediately take the necessary measures to remove it or restrict access to illegal content.
If you place illegal content on the Service, the Seller may suspend or terminate the provision of the service, restrict or remove access or visibility to the illegal content, suspend the Account or terminate the contract for the provision of services by electronic means.
In the event of receipt of an order from an authorised judicial or administrative authority, the Seller shall be required to provide all information to that institution required by the law. If the order concerns the intermediate service recipient concerned, at the latest at the time of taking action in response to the order, the Seller shall inform the recipient of the service of the order received and the action taken in response to that order.
We are obliged by the DSA to indicate a contact point for the authorities of the Member States, the Commission and the Digital Services Board operated in Polish and English. The contact point is available at: dsa@dahlia.com.pl.

§11 Out-of-court means of handling complaints and redress

Detailed information on the possibility of the Client to use out-of-court means of handling complaints and redress and the rules of access to these procedures are available at the premises and on the websites of district (urban) consumers’ ombudsmen, social organisations whose statutory tasks include the protection of consumers, Provincial Trade Inspectorates, and at the following Internet addresses of the Office for Competition and Consumer Protection:
For example, the client may use the following out-of-court means of handling complaints and redress:
1. to request a permanent amicable consumer court to settle the dispute arising from the conclusion of the Sales Agreement (more information: http://www.spsk.wiih.org.pl),
2. to request the Provincial Inspector of the Commercial Inspection to initiate a mediation procedure concerning the amicable termination of the dispute between the Consumer and the Seller (more information: the party of the inspector responsible for the place of the Seller’s business),
3. free of charge help from a district (urban) consumer spokesperson or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) Advice is provided under the Consumer Federation under the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.
At the address of http://ec.europa.eu/consumers/odr, the Client has the option to use the EU Internet platform (ODR platform) to submit the dispute to the Seller by electronic means. The ODR platform is a multilingual, interactive website for the service of consumers living in the European Union and businesses established in the European Union seeking out-of-court settlement of disputes arising from the conclusion of an online sales or service agreement between them.

§12 Processing of personal data

Information on the processing of personal data of Clients in the Service is available in the Privacy Policy.

§13 Amendment to the Rules of Procedure

The Seller is entitled to amend these Regulations for valid and justified reasons only. As a valid and legitimate reason, it should be understood:
1. amending the provisions of the law affecting the content of the Rules of Procedure or requiring the Seller to modify these Rules of Procedure,
2. issue decisions, recommendations or other administrative acts affecting the content of the Rules of Procedure or imposing an obligation on the Seller to modify the Rules of Procedure,
3. changing existing or introducing new functionalities in the Service, including functionality related to Services,
4. changes in the way Services are provided due to technical or technological considerations,
5. the change or update of the data identifying the Seller,
6. remove interpretational doubts or ambiguities regarding the content of the Rules of Procedure,
7. changes in payment and delivery methods to the extent that they affect the performance of the Seller’s duties under the Rules of Procedure,
8. the existence of judicial or administrative jurisprudence that contractual provisions similar to those applied by the Seller may be contrary to the law, including in particular consumer protection law, in which case the amendment of the content of the Rules of Procedure will be permitted, provided that, in the context of a comprehensive examination of the circumstances of the case, it can be objectively concluded that the proposed change is in its favour from the point of view of the average Customer;
9. the need to supplement, clarify or modify the Rules of Procedure due to legal provisions or due to greater transparency of the Rules of Procedure for Clients and Business Clients – in this case, a change in the content of the Rules of Procedure is permitted in so far as it is possible to adapt the Rules of Procedure to the provisions of law or to obtain greater transparency of its provisions.
10. where there is a need to correct errors and clerical errors.
The Seller informs the Client and Business Client by publishing in the Service, at least about:
1. the content of the planned amendment to the Rules of Procedure,
2. the date of entry into force of the planned amendment to the Rules of Procedure,
3. the consolidated content of the Rules of Procedure after the amendments.
The Seller informs Clients and Business Clients about the change of the Regulations no later than 14 calendar days before the entry into force of such a change. The Seller informs Clients and Business Clients of the content of the changes each time by e-mail sent to the e-mail address of the Client or Business Client assigned to the Account.
In the case of continuous service contracts (e.g. keeping and servicing the Account), the revised Terms and Conditions will bind the Client or Business Client unless it submits a notice of termination within 14 calendar days of receipt of the change. In the event of a change in the Terms and Conditions, which involves introducing new fees or increasing existing fees, the Client or Business Client has the right to withdraw from the contract.

§14 Final provisions

The Regulations are a public document and can be found in the “Terms and Conditions” tab available in the Service (address: fansgram.art/terms-and-conditions), in a form that allows to retrieve, reproduce and preserve its content using the information system used by the Client. The Regulations in printed form are also available free of charge at the Vendor’s premises.
In matters not regulated by the Rules of Procedure, the provisions of the law in force in the Republic of Poland apply, in particular the provisions of the Act of 23.04.20164 Civil Code and, in respect of Clients, the Consumer Rights Act of 30.05.2014.
The Customer who is a Consumer or Entrepreneur-Consumer may not waive his rights under the provisions of the law. Nothing of the Rules of Procedure restricts the rights of the Client who is a Consumer or Entrepreneur-Consumer which he enjoys under the provisions of the law in force in the territory of the Republic of Poland. If such a provision is found to exist, priority shall be given to the provisions of the applicable law.
Contracts concluded through the Service are concluded in Polish.
Regulations enter into force on 10.06.2024.

Attachments:

Model withdrawal form.

Appendix 1

MODEL WITHDRAWAL FORM.

(the form must be completed and returned only if you wish to withdraw from the contract)

Adresat:

Dahlia sp. z o.o.: ul. Inflancka 4, 00-189 Warszawa

e-mail: office@dahlia.com.pl

together with the “Return” entry

I/We(*) hereby inform/inform(*) of my/our withdrawal from the sale contract of the following items(*)/to provide the following service(*):

– Date of conclusion of the agreement(*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if the form is sent in paper format)

– Data

(*) Delete where not applicable.