1. These Terms and Conditions define the general conditions, rules, and methods of sale conducted by PROMOTORZY TRADING SP. Z O.O. based in Warsaw, through the online store dym.pl (hereinafter referred to as: "Online Store"), and specify the rules and conditions for the provision of free electronic services by PROMOTORZY TRADING SP. Z O.O. based in Warsaw.
1. Business Days – refers to weekdays from Monday to Friday, excluding statutory holidays.
2. Delivery – refers to the actual act of delivering the goods specified in the order to the Customer by the Seller through the Supplier.
3. Supplier – refers to the entity cooperating with the Seller in the process of delivering goods:
a) A courier company;
b) InPost Sp. z o.o. based in Krakow, providing delivery services and the locker system (Paczkomat).
4. Password – refers to a string of letters, numbers, or other characters selected by the Customer during Registration on the Online Store, used to secure access to the Customer's Account in the Online Store.
5. Customer – refers to an entity to which electronic services can be provided under the Terms and Conditions and applicable law or with which a sales contract can be concluded.
6. Consumer – refers to a natural person performing a legal transaction with a business entity, not directly related to their business or professional activity.
7. Customer Account – refers to an individual panel for each Customer, activated by the Seller after the Customer completes the Registration and enters into an agreement for the service of maintaining the Customer's Account.
8. Entrepreneur – refers to a natural person, legal entity, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name and performing legal actions directly related to their business or professional activity.
9. Entrepreneur with Consumer Rights – refers to a natural person entering into a sales contract directly related to their business activity, when the contract indicates that it does not have a professional nature related to the specific subject of the business activity, which is registered in the Central Register and Information on Business Activity.
10. Regulations – refers to these terms and conditions.
11. Registration – refers to the act of registering as specified in the Terms and Conditions, required to use all functionalities of the Online Store.
12. Seller – refers to PROMOTORZY TRADING SP. Z O.O. based in Warsaw (03-310), ul. Św. Jacka Odrowąża 15, NIP: 524-27-51-528, REGON: 146139035, registered in the entrepreneurs' register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000422037; email: sklep@dym.pl, the owner of the Online Store
13. Website of the Store – refers to the websites under which the Seller operates the Online Store, working under the domain dym.pl.
14. Product – refers to a product presented by the Seller via the Website of the Online Store, which can be the subject of a sales agreement.
15. Durable Medium – refers to a material or tool that allows the Customer or the Seller to store information directed to them personally in a way that enables access to the information in the future for the purpose it serves and allows the reproduction of the stored information in an unchanged form.
16. Sales Agreement – refers to the sales agreement concluded remotely, under the conditions defined in these Regulations, between the Customer and the Seller.
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain, Website of the Store, as well as templates, forms, logos placed on the Website (except logos and images presented on the Website for product presentation purposes, the copyrights of which belong to third parties), belong to the Seller, and their use can only occur in the manner specified and in accordance with the Regulations and with the Seller's written consent.
2. The Seller will make efforts to ensure that the Online Store is accessible to internet users using all popular web browsers, operating systems, device types, and internet connections. The minimum technical requirements for using the Store's Website are an internet browser at least Internet Explorer 11, Chrome 89, FireFox 86, Opera 53, or Safari 5 or newer, with JavaScript enabled, accepting cookies, and an internet connection with at least 256 kbit/s bandwidth. The Store's Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses a "cookies" mechanism, which, while the Customers use the Store's Website, are stored by the Seller's server on the customer's device. This mechanism does not damage the customer's device nor cause any changes to the configuration of the device or installed software. Each Customer can disable the "cookies" mechanism in their browser. However, the Seller points out that disabling cookies may cause difficulties or make it impossible to use the Store's Website.
4. To place an order in the Online Store via the Website or email, it is necessary for the Customer to have an active email account.
5. To place an order by phone, the Customer must have an active phone number and an active email account.
6. It is prohibited for the Customer to provide unlawful content or use the Online Store, the Store's Website, or the free services provided by the Seller in a manner contrary to law, good customs, or violating the rights of third parties.
7. The Seller declares that the public nature of the internet and the use of electronic services may involve the risk of unauthorized access to and modification of Customer data by third parties, so Customers should use appropriate technical measures to minimize these risks, including antivirus programs and identity protection tools. The Seller will never ask a Customer for their Password in any form.
8. The use of the Online Store's resources and functions for purposes that would violate the Seller's interests, such as advertising another business entity or product, posting unrelated content, or misleading content, is not allowed.
1. To create a Customer Account, the Customer is required to complete a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. To register, the Customer must fill out the registration form provided by the Seller on the Website and send the completed form electronically to the Seller by selecting the appropriate function in the form.
4. The Customer also has the option to register through their Facebook account. Account creation occurs through a dedicated redirect from the Online Store to Facebook, where the Customer provides their Facebook login credentials. After authorization on Facebook, the Customer is redirected back to the Online Store.
5. The Customer can also register through their Google account by redirecting from the Online Store to Google.com.
6. While filling out the registration form, the Customer has the option to familiarize themselves with the Regulations and agree to its terms by marking the appropriate box in the form.
7. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by selecting the appropriate checkbox in the registration form. In this case, the Seller will clearly inform the Customer about the purpose of collecting personal data and about the known or anticipated recipients of these data.
8. The Customer's consent to the processing of their personal data for marketing purposes is not a condition for the conclusion of the agreement with the Seller for the provision of the "Customer Account" service electronically. Consent can be withdrawn at any time by submitting a relevant statement to the Seller. The statement can, for example, be sent to the Seller via email.
9. After submitting the completed registration form, the Customer will immediately receive an electronic confirmation of registration from the Seller to the email address provided in the registration form. At this point, the agreement for the provision of the "Customer Account" service electronically is concluded, and the Customer gains access to their Customer Account and can make changes to the data provided during registration.
1. The information on the Online Store's website does not constitute an offer by the Seller within the meaning of the Civil Code, but merely an invitation for Customers to submit offers to conclude a sales agreement.
2. The Customer can place orders in the Online Store via the Store's website or by email, 7 days a week, 24 hours a day.
3. The Customer can also place orders via phone during the hours and days indicated on the Online Store's website.
4. When placing an order via the Online Store’s website, the Customer selects the product they are interested in. Adding a product to the order is done by selecting the "ADD TO CART" option under the specific product displayed on the Online Store’s website. Once the order is complete, and the Customer selects the Delivery method and payment form in the "CART," they can place the order by sending the order form to the Seller by selecting the "Order with payment obligation" button on the Online Store’s website. Before sending the order, the Customer is informed of the total price for the selected products and delivery, as well as any additional costs they are obligated to bear in connection with the sales agreement.
5. When placing an order by phone, the Customer uses the phone number provided by the Seller on the Online Store’s website. During the phone call, the Customer specifies the product name, quantity, delivery method, address, and payment form, and provides their email or mailing address for the Seller to confirm the details of the proposed agreement and the order – if the sales agreement is concluded between the Customer and the Seller. During the call, the Seller informs the Customer of the total price for the selected products, delivery costs, and any additional costs they may incur if the sales agreement is concluded.
6. The Seller confirms the details of the proposed sales agreement to the Customer, in writing or electronically, depending on the Customer's choice – but the confirmation happens before the conclusion of the sales agreement.
7. The Customer's declaration of concluding the sales agreement, made after receiving the confirmation from the Seller as described above in § 4.6, is recorded on paper or another durable medium.
8. After the sales agreement is concluded by phone, the Seller sends the Customer a confirmation of the agreement's terms on a durable medium, to the email or postal address provided by the Customer. The confirmation includes, in particular, the details of the product being sold, its price, delivery costs, and any other costs the Customer must bear in connection with the sales agreement.
9. When placing an order by email, the Customer sends it to the email address provided by the Seller on the Online Store’s website. In the message, the Customer specifies, in particular, the product name, color, quantity, and their contact details.
10. After receiving the Customer's email message as described in § 4.9, the Seller sends a return email with their registration details, the price of the selected products, available payment methods, delivery methods with associated costs, and information about any additional payments the Customer would need to make under the sales agreement. The message also informs the Customer that concluding the sales agreement via email implies an obligation to pay for the ordered product. Based on the information provided by the Seller, the Customer can place the order by sending an email to the Seller with the selected payment form and delivery method.
11. Placing the order constitutes an offer to the Seller from the Customer to conclude a sales agreement for the products in the order.
12. After placing the order, the Seller sends a confirmation of the order to the email address provided by the Customer.
13. After confirming the order, the Seller sends an email to the Customer confirming the acceptance of the order for fulfillment. The confirmation of the order acceptance is the Seller’s statement of acceptance of the offer described in § 4.11, and upon receiving it, the sales agreement is concluded.
14. After the sales agreement is concluded, the Seller confirms its terms by sending them to the Customer on a durable medium, either electronically or in writing, to the address provided by the Customer during registration or order placement.
15. When making payments for goods listed in Appendix No. 15 to the Act of March 11, 2004, on Value Added Tax (Journal of Laws 2018, item 2174, as amended), if the total payment documented by the invoice exceeds PLN 15,000 gross or its equivalent, taxpayers must apply the split payment mechanism in accordance with applicable regulations, if it applies to the Customer placing the order. The invoice issued by the Seller must include the words "split payment mechanism." The parties to such a transaction must have a settlement account referred to in Article 49(1)(1) of the Banking Law of August 29, 1997, or a personal account at a credit union opened in connection with the business activity conducted, and it must be in Polish currency.
1. The prices on the Store's Website displayed next to a given Product are gross prices and do not include information regarding Delivery costs or any other costs that the Customer will be obligated to pay in connection with the Sales Agreement. The Customer will be informed of these costs when choosing the method of Delivery and placing the order.
2. The Customer can choose from the following payment methods for the ordered Products:
a) Payment by credit card, bank transfer, or BLIK via the external payment system PayU, operated by PayU S.A. based in Poznań (in this case, the order processing will start after the Seller sends the Customer an order confirmation and after receiving information from the PayU system about the successful completion of the payment);
b) Cash on delivery, payment to the Delivery person at the time of Delivery (in this case, the order processing will start after the Seller sends the Customer an order confirmation).
3. The Customer should make the payment for the order in the amount specified in the Sales Agreement within 7 business days if the prepayment method is chosen.
4. If the Customer fails to make the payment by the deadline specified in §5, paragraph 3 of the Terms and Conditions, the Seller will set an additional deadline for payment and will inform the Customer about it on a durable medium. The information about the additional payment deadline will also include a notice that, after the expiry of this deadline without payment, the Seller will withdraw from the Sales Agreement. In the case of failure to make the payment within the second deadline, the Seller will send the Customer a statement of withdrawal from the agreement based on Article 491 of the Civil Code on a durable medium.
1. The Seller carries out Delivery within the territory of the Republic of Poland.
2. The Seller is obligated to deliver the Product subject to the Sales Agreement free from defects.
3. The Seller provides information on the number of business days needed for Delivery and order fulfillment on the Store's Website.
4. The Delivery and order fulfillment time indicated on the Store's Website is calculated in business days, in accordance with §5, paragraph 2 of the Terms and Conditions.
5. The ordered Products are delivered to the Customer via the Delivery Service to the address specified in the order form. In the case of choosing InPost Sp. z o.o., based in Kraków, as the Delivery Service, the delivery address will be the parcel locker selected by the Customer at the time of placing the order.
6. On the day the Product is dispatched to the Customer, the Customer will receive an email confirming the dispatch of the shipment by the Seller.
7. The Customer is obligated to inspect the delivered shipment in the manner and within the time frame customary for the type of shipment. If the shipment is found to be damaged or incomplete, the Customer has the right to request the Delivery employee to prepare a proper protocol.
8. The Seller, in accordance with the Customer's wish, attaches to the shipment either a receipt or a VAT invoice for the delivered Products. The Customer, in order to receive a VAT invoice, should declare at the time of purchase that the Product is being purchased as an Entrepreneur (taxpayer). This declaration is made by checking the appropriate box in the order form before submitting the order to the Seller.
9. In the event the Customer is not present at the delivery address specified when placing the order, the Delivery employee will leave a notice or attempt to contact the Customer by phone to arrange a time when the Customer will be available. If the ordered Product is returned to the Online Store by the Delivery Service, the Seller will contact the Customer electronically or by phone to arrange a new delivery time and cost.
1. The Seller guarantees the delivery of the Product free from physical and legal defects. The Seller is responsible to the Customer if the Product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:
a) Submit a statement to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Product with a non-defective one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or if the Seller has failed to replace the Product with a non-defective one or remove the defect. The Customer may, instead of the remedy proposed by the Seller, request the replacement of the Product with a non-defective one or, instead of the replacement, request the removal of the defect, unless bringing the Product into conformity with the agreement in the way chosen by the Customer is impossible or would require excessive costs compared to the way proposed by the Seller. In assessing the excessive cost, the value of the defect-free Product, the type and significance of the defect, and the inconvenience to the Customer caused by another remedy are taken into account. The Customer may not withdraw from the Sales Agreement if the defect is insignificant.
b) Request the replacement of the defective Product with a non-defective one or the removal of the defect. The Seller is obliged to replace the defective Product with a non-defective one or remove the defect within a reasonable time and without excessive inconvenience to the Customer. The Seller may refuse to comply with the Customer's request if bringing the defective Product into conformity with the Sales Agreement in the way chosen by the Customer is impossible or would require excessive costs compared to the second possible way of bringing the Product into conformity with the Sales Agreement. The Seller bears the costs of repair or replacement.
3. The Customer exercising their rights under the warranty is obliged to deliver the defective item to the Seller's address. In the case of a Consumer Customer or an Entrepreneur with Consumer rights, the cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if the physical defect is found before the expiration of two years from the delivery of the Product to the Customer. A claim for the removal of the defect or replacement of the Product with a non-defective one becomes time-barred after one year, but this period cannot expire before the end of the period specified in the first sentence. During this period, the Customer may withdraw from the Sales Agreement or submit a statement to reduce the price due to the defect of the Product. If the Customer has requested the replacement of the Product with a non-defective one or the removal of the defect, the deadline for withdrawal from the Sales Agreement or submitting a statement to reduce the price starts after the expiry of the deadline for replacing the Product or removing the defect.
5. All complaints related to the Product or the execution of the Sales Agreement can be submitted by the Customer in writing to the Seller's address.
6. The Seller will respond to the complaint within 14 days from the date of the complaint request regarding the Product or the execution of the Sales Agreement submitted by the Customer.
7. The Customer may file a complaint with the Seller in relation to the use of the free electronic services provided by the Seller. The complaint can be submitted electronically and sent to the email address sklep@dym.pl. The complaint should include a description of the issue. The Seller will consider the complaint and respond to the Customer promptly, but no later than within 14 days.
8. The Seller does not use out-of-court dispute resolution, as referred to in the Act of September 23, 2016, on out-of-court settlement of consumer disputes.
1. For customers who are entrepreneurs, the seller is liable for defects in the sold goods under the terms specified in Articles 556 and following of the Civil Code.
2. For customers who are consumers and entrepreneurs with consumer rights, the seller is liable for the non-conformity of the goods with the contract under the terms specified in Chapter 5a of the Consumer Rights Act.
1. A customer who is a Consumer or an Entrepreneur with consumer rights, who has concluded a sales agreement, may withdraw from it within 14 days without providing a reason.
2. The period for withdrawing from the Sales Agreement begins from the moment the consumer, Entrepreneur with consumer rights, or a third party designated by them (other than the carrier) takes possession of the Goods. The Consumer and the Entrepreneur with consumer rights may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. This statement can be submitted, for example, in writing to the Seller's address: Promotorzy Trading, ul. Marywilska 34, HALA G2, (03-228) Warsaw, or via email to the Seller at: sklep@dym.pl. The statement can be made using a form provided by the Seller on the Shop's website under the address: Withdrawal Form. To comply with the deadline, it is sufficient to send the statement before the deadline. The Consumer or Entrepreneur with consumer rights may also withdraw from the Sales Agreement by submitting a withdrawal statement via the form available on the website at: Electronic Withdrawal Form. To comply with the deadline, it is sufficient to send the statement before the deadline. The Seller will immediately confirm receipt of the form submitted via the website to the Consumer or Entrepreneur with consumer rights.
3. In the case of withdrawal from the Sales Agreement, the agreement is considered as not concluded.
4. If the Consumer or Entrepreneur with consumer rights submits a withdrawal statement before the Seller accepts their offer, the offer ceases to be binding.
5. The Seller is obliged to refund all payments made by the Consumer or Entrepreneur with consumer rights, including the cost of delivering the Goods to the Consumer or Entrepreneur with consumer rights, no later than 14 days from the date of receiving the statement of withdrawal. The Seller may withhold the refund until the Goods are returned or until the Consumer or Entrepreneur with consumer rights provides proof of return, whichever comes first.
6. If the Consumer or Entrepreneur with consumer rights chose a delivery method other than the cheapest regular delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred.
7. The Consumer or Entrepreneur with consumer rights must return the Goods to the Seller without delay, but no later than 14 days from the day on which they withdrew from the Sales Agreement. To comply with the deadline, it is sufficient to send the Goods to the Seller before the end of this period. The Goods should be sent to the Seller at: Promotorzy Trading, ul. Marywilska 34, HALA G2, 03-228 Warsaw.
8. In the case of withdrawal, the Customer who is a Consumer or an Entrepreneur with consumer rights bears only the direct costs of returning the Goods.
9. If due to the nature of the Goods, they cannot be returned by ordinary postal means, the Seller will inform the Consumer or Entrepreneur with consumer rights about the return costs on the Shop's website.
10. The Consumer and Entrepreneur with consumer rights are responsible for any decrease in the value of the Goods resulting from their use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods.
11. The Seller will make the refund using the same payment method used by the Consumer or Entrepreneur with consumer rights, unless the Consumer or Entrepreneur with consumer rights has expressly agreed to a different method of refund, which does not incur any costs for them.
12. The right to withdraw from the Sales Agreement does not apply to the Consumer and Entrepreneur with consumer rights in relation to agreements for Goods delivered in a sealed package, which cannot be returned due to health protection or hygiene reasons if the packaging has been opened after delivery.
1. The Seller provides free electronic services to Customers:
a) Contact form;
b) Newsletter;
c) Account management.
2. The services listed in §10 item 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time, and method of access to the selected services, informing Customers in a manner appropriate for changing the Terms and Conditions.
4. The Contact Form service allows sending a message to the Seller via the form on the Shop's website.
5. Cancellation of the free Contact Form service is possible at any time and involves ceasing to send inquiries to the Seller.
6. The Newsletter service can be used by any Customer who enters their email address using the registration form provided by the Seller on the Shop's website. After submitting the registration form, the Customer immediately receives an activation link via email to confirm their subscription to the Newsletter. Upon activation of the link by the Customer, the contract for the electronic service of the Newsletter is concluded. The Customer may also select the relevant option during registration to subscribe to the Newsletter service.
7. The Newsletter service consists of sending information about new products or services in the Seller’s offer to the Customer’s email address. The Newsletter is sent by the Seller to all Customers who have subscribed.
8. Each Newsletter sent to the Customers includes, in particular: the sender's information, the "subject" field, which defines the content of the message, and information on how to cancel the free Newsletter service.
9. The Customer can unsubscribe from receiving the Newsletter at any time by clicking the unsubscribe link in each email sent as part of the Newsletter service or by deactivating the relevant field in their Customer Account.
10. The Account management service is available after Registration and provides the Customer with a dedicated panel on the Shop's website to modify the data provided during registration, track the status of orders, and view the history of completed orders.
11. A Customer who has registered can request the deletion of their Account. The account may be deleted up to 14 days after the request is made.
12. The Seller has the right to block access to the Customer's Account and free services if the Customer acts to the detriment of the Seller, such as engaging in advertising activities for other businesses or products, posting content unrelated to the Seller’s business, posting false or misleading content, or violating the law or the Terms and Conditions. Access may also be blocked for security reasons, such as hacking or breaching website security. The block will last as long as necessary to resolve the issue. The Seller will notify the Customer electronically about the block.
1. The rules for the protection of personal data are specified in the Privacy Policy.
1. Both the Customer and the Seller can terminate the electronic service agreement at any time and without giving a reason, subject to the rights acquired by the other party before the termination of the agreement and the provisions below.
2. The Customer who has registered terminates the agreement by sending a statement of termination to the Seller via any remote communication medium that allows the Seller to review the Customer's statement.
3. The Seller terminates the electronic service agreement by sending a statement of termination to the Customer via email to the address provided during registration.
1. The Seller is liable for non-performance or improper performance of the agreement, but for agreements with Customers who are Entrepreneurs, the Seller is only liable for intentional damage and within the limits of actual losses suffered by the Entrepreneur.
2. The content of this Regulation can be stored by printing, saving on a storage device, or downloading from the Shop’s website at any time.
3. In case of a dispute arising from the Sales Agreement, the parties will seek to resolve the matter amicably. The applicable law for resolving any disputes arising under this Regulation is Polish law.
4. The Seller informs the Consumer that they have the right to use alternative dispute resolution procedures. The procedures can be accessed at the offices or websites of entities authorized to resolve disputes, such as consumer ombudsmen or provincial trade inspection authorities, whose list is available on the website of the Office of Competition and Consumer Protection. The Seller also informs that the online dispute resolution platform is available at http://ec.europa.eu/consumers/odr/.
5. The Seller reserves the right to change this Regulation. All orders accepted by the Seller before the new Regulation enters into force will be fulfilled based on the Regulation in effect at the time of order placement. The change will take effect 7 days after being published on the Shop’s website. The Seller will inform the Customer 7 days before the new Regulation takes effect via an email containing a link to the revised version of the Regulation. If the Customer does not accept the new version of the Regulation, they must inform the Seller, which will result in the termination of the agreement in accordance with §12.
6. Agreements with the Seller are concluded in Polish.