Terms and conditions – online bestconfigurator

Online Fenestration BestConfigurator Terms and Conditions

These regulations define the general terms, conditions and method of sale conducted under the debesto.com brand by debesto sp. z o.o. with its registered office in Oleśnica, via the debesto.com online store, hereinafter called “BestConfigurator”) and defines the terms and conditions of electronic services by the above-mentioned company.

§ 1 DEFINITIONS

Working days – means days of the week from Monday to Friday, excluding public holidays.

Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.

Supplier – means an entity which the Seller cooperates with, in the delivery of Goods

Customer – means an entity for which services may be provided electronically or with which a Sales Contract can be concluded in accordance with the Regulations and legal provisions.

Consumer – means an entity who concludes a legal transaction not directly related to his business or professional activity.

Entrepreneur – means an entity, legal person or an organizational unit that is not a legal person, which the law grants legal capacity, that conducts business or professional activity on its own behalf.

Regulations – means these BestConfigurator regulations.

Seller – means the debesto sp. z o.o. company, Wały Jagiellońskie 14A street, 56-400 Oleśnica, NIP: 911 203 71 54, which is the owner of BestConfigurator at the same time.

BestConfigurator – an online tool run by the Seller at the Internet address debesto.com/pl/kalkulatory-wycena-online/, used to select preferences regarding the Goods offered by the Seller.

Goods – means the product presented by the Seller via BestConfigurator

Sales contract – means a sales contract concluded electronically on the terms defined in the Regulations, between the Customer and the Seller.

§ 2 GENERAL PROVISIONS

1. All rights to BestConfigurator, including proprietary copyrights, intellectual property rights to its name, its internet domain, as well as to patterns, forms, logos posted on the debesto.com website and related (except for logos and photos presented in BestConfigurator for goods presentation to which copyrights belong to third parties) belong to the Seller, and their use may only take place in a specified way and in accordance with the Regulations.
2. BestConfigurator is shared by the Seller via the Internet and the website at debesto.com/pl/kalkulatory-wycena-online/, as a resource of the communication and information (ICT) and information (IT) system.
3. The Seller reserves the right to place advertising content on the configurator website regarding the offered Goods, as well as goods and services of third parties, in the forms used on the Internet.
4. It is forbidden to use BestConfigurator or debesto.com and related domains by customers or third parties to send unsolicited commercial information.

§ 3 THE USE OF BESTCONFIGURATOR

1. The use of BestConfigurator means any activity of the Customer that leads to him/her getting acquainted with the content on the website debesto.com/pl/kalkulatory-wycena-online/ and its subpages with subject to the provisions of §4 of the Regulations.
2. The use of BestConfigurator may only take place on the terms specified in the Regulations.
3. When using BestConfigurator, the Customer is not entitled to any interference with the content, structure, form, graphics and mechanism of BestConfigurator operation.
4. It is forbidden for the customer to provide unlawful content using BestConfigurator, or unpaid services provided by the Seller in a manner inconsistent with the law, morality, violating personal rights of the third parties or legitimate interests of the Seller
5. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular by using anti-virus programs and programs protecting the identity of Internet users.

§ 4 ORDERS AND PAYMENTS

1. The information contained on the BestConfigurator website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers and conclude a contract for the sale of Goods.
2. The Customer determines his preferences regarding the Goods using BestConfigurator by going through several stages, which may differ depending on the selected type of products. In the last stage, the Customer completes the order by selecting “Go to cart”. After completing the entire order and choosing the method of Delivery and payment, the customer places the order by sending the form to the Seller. The form is sent by activating the appropriate field in the order form. Each time before sending the order to the Seller, the proposed total price of the selected Goods and the proposed total cost of the selected method of Delivery are given.
3. Placing an order is making an offer by the Seller’s Customer to conclude a sales contract of the Goods being the subject of the order.
4. After placing the order, the Seller sends the confirmation of the placed order with the payment details to the e-mail address given by the Customer. If the Customer fails to make payment for the data provided to him within 5 (in words: five) Working Days, the Seller may cancel the order. The date of posting the payment on the Seller’s account is binding.
5. Then, the Seller sends an order acceptance confirmation to the e-mail address given by the Customer. Confirmation of acceptance of the order is the Seller’s declaration that he understands and accepts the offer mentioned in §5 paragraph 3.
6. In the case that after confirming the acceptance of the Customer’s order, its implementation turns out to be impossible for reasons other than the lack of Goods in BestConfigurator, including when the purchase of Goods from the Seller’s suppliers will not be possible within the time provided for the implementation of the order and for the price specified in the order, the Seller will inform the Customer by e-mail or by phone about the resulting circumstances.
7. If the implementation of the order turns out to be impossible due to the reasons mentioned in §5 paragraph 6, the Seller may propose to the Customer:

• cancellation of the entire order (the choice of this option by the Customer releases the Seller from the obligation to complete the order);
• cancellation of the order in the part where its implementation is not possible within a reasonable time or for the price specified in the order (the choice of this option by the Customer releases the Seller from completing the order in terms that are not possible);
• division of the order and specification of the deadline for the implementation of the order in the part of which the order can not be initially completed (the choice of this option by the customer causes that the delivery will be made in separate shipments, the customer will not incur additional costs of delivery related to the division of the order).

       8. Prices in the last stage of the Configurator:

• are gross prices (including VAT) and are defined in PLN;
• do not contain information about the costs of Delivery, about which the Customer will be informed when choosing the method of Delivery;
• do not contain information on possible duties, if the delivery address is outside the territory of Poland.
• are not definitive and final.

       9. The final price binding the parties to the Contract of Sale is the price of the Goods included in the confirmation of the order sent to the Customer together with the data for payment referred to in the content of § 4 item 4.

      10. The customer may choose the following forms of payment for the ordered goods:

• electronic payment via PayU (the order will be processed immediately after the funds are credited to the Seller’s bank account);

      11. The customer is not able to pay for part of the order in advance but he can pay for part of the order on the delivery.

      12. The product is a non-prefabricated item, manufactured according to the consumer’s specifications, therefore, in accordance with                        Article 38 of the Consumer Rights Act, the Customer is not entitled to withdraw from the contract.

§ 5 ORDERS FULFILLMENT

1. The ordered Goods are delivered to the Customer via the Supplier, to the address given in the order form, except when the Customer has chosen “personal collection” as the delivery method
2. The Customer should check the delivered package in time and in the manner adopted for parcels of a given type, in the presence of the Supplier’s employee.
3. The Customer has the right to demand that the Supplier’s employee draws up the appropriate protocol in the case of a loss or damage of the package.
4. The Seller attaches to the package being the subject of Delivery, according to the will of the Customer, a receipt or a VAT invoice covering the delivered Goods.
5. The delivery of goods is advised by a debesto.com employee at least 24 hours in advance. Until the customer confirms the readiness to collect the goods – the goods are not sent to the customer.
6. The goods may leave the debesto.com warehouse only after the 100% payment for the order has been posted to the debesto.com account.
7. The customer is obliged to provide people who will unload the goods at the delivery address. In the case of the absence of people ready to unload the goods efficiently – it may be returned at the customer’s expense to debesto.com.
8. If the Customer is absent at the address indicated by him, given when placing the order as the Delivery address, the Supplier’s employee will leave a notification. In the case of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, determining the details again with the Customer about the date and cost of Delivery.
9. In the case of picking up the goods by third parties or transport companies, it is required to notify the picking up of the goods via text to the number: 0048 720 888 359 or by e-mail to [email protected] with the following content: registration plate number: xxxxx, driver’s phone number. The text should be sent from the phone number shown in the contact details provided when placing the order.
10. Personal collection can be made on Working Days between 8.00 a.m. and 2.30 p.m. The pick up of goods should be reported at least 3 working days preceding the day of collection, between 8.00 a.m. and 2.30 p.m.

Contact details for debesto.com

Logistics Debesto.com – available on working days Monday – Friday 8.00 – 16.00

tel: 0048 787 787 690

email: [email protected]

Invoices and payments, accounting, available on working days Monday – Friday 8.00 – 16.00, preferred e-mail contact

email: [email protected]

§ 6 COMPLAINTS AND WARRANTIES

1. The Seller is responsible for the non-compliance of the Goods with the contract if it is found by the Customer who is a Consumer within 2 years from the date of Delivery. The Customer is obliged to notify the Seller about the non-compliance of the Goods with the contract within 2 months from the date of such non-compliance.
2. The Seller within 30 (in words: thirty) days will respond to the complaint of the Goods reported by the Customer and notify him of the further procedure.
3. All complaints may be reported only through the complaint form on the debesto.com website at the following address: complaint.debesto.com/pl
4. The customer is obliged to control the quality and quantity of the goods. Regardless of the form of collecting the goods.
5. Visible defects, shortages in the goods, damage should be reported to debesto.com within 48 hours of collecting the goods. After the indicated deadline, the complaint is considered as arising from the customer’s fault.
6. All complaints are considered remotely using electronic forms of communication such as e-mail, telephone, video.
7. It is considered that when purchasing goods remotely, the customer has the means to install and service the goods, that is why debesto.com offers only parts, elements or entire structures as part of the complaint, which must be installed by the customer.
8. If the product is defective, it cannot be mounted. The installation of a defective product makes its complaint impossible and is made only at the Buyer’s responsibility.
9. If the complaint is considered in favor of the Customer, the Seller will either repair or replace the damaged product with a product of standard value.
10. Goods sold by the Seller may be covered by a warranty granted by the appropriate manufacturer or distributor. The seller does not provide any warranty for any products sold.
11. In the case of Goods covered by the distributor’s or manufacturer’s warranty, the Customer may complain about a defective product: using the rights resulting from the warranty. In such circumstances, the Customer is obliged to make a complaint directly to the guarantor, the Seller is only an intermediary transferring the complaint. The customer, according to his choice, may report directly to the warranty service or to the Seller. By using the rights of the Customer towards the Seller in connection with the non-compliance of the Goods with the contract.
12. The customer may report a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be reported in electronic form and sent to the Seller’s e-mail address. In the complaint, the Customer should include his name, surname and a description of the problem. The Seller shall immediately, but not later than within 14 (in words: fourteen) days, consider complaints and reply to the Customer’s e-mail address provided in the complaint.

§ 7 CANCELLATION OF THE ORDER, WITHDRAWAL FROM THE SALES CONTRACT

1. According to the regulations of the Consumer Rights Act, the right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in relation to a contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs.

§ 8 REPAYMENT OF DUTY

1. The Seller repays the duty to the Customers within 14 (in words: fourteen) days in the case of withdrawal from the Sales Contract if the complaint is accepted in accordance with §5 of the Regulations.
2. The seller repays the duty to the customer’s bank account or via postal order, after prior arrangement with the customer of the form of return and requesting the customer to provide data for a bank transfer or postal order.
3. The Seller is not responsible for the lack of a refund or delay in such a refund, if, despite being sent to the Customer at the e-mail address provided by him according to §8 paragraph 2 above, the Customer does not provide the Seller with the required data or if the response to the request is incomplete and prevents effective return. The seller is not responsible, even if the return was not made or was delayed due to the Customer providing incorrect data required for a bank transfer or postal order. In this case, the refund will be made immediately after obtaining the above-mentioned data from the customer.

§ 9 FREE SERVICES

1. The Seller provides the Customers with free electronic services:

          newsletter;

          Sending questions about the Goods to the Seller;

1. Services indicated in §8 para. 1 above are provided 24 hours a day, 7 days a week. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned, about which he will inform the Customers in a way  appropriate to the change of the Regulations.
2. The Newsletter service can be used by any customer who enters his name and e-mail address, using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer shall immediately receive a confirmation from the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the provision of the Newsletter service by electronic means is also concluded.
3. The Newsletter service is sending by the Seller, to the e-mail address, electronic messages containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all customers who have subscribed. Each Newsletter addressed to given Customers contains, in particular: information about the sender;

           completed field “subject”, specifying the content of the shipment;

1. The service of sending a question about the Goods to the Seller consists in sending a message to the Seller using the form available on the Store’s Website.
2. The customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service.
3. Resignation from the free service of sending questions about the Goods to the Seller is possible at any time and consists in ending to send questions to the Seller.
4. The Seller is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Seller or other Customers, breach of the law or the provisions of the Regulations by the Customer, and also when blocking access to free services is justified by security reasons – in particular : breaking the security of the Store Website by the Customer or other hacking activities. Blocking access to free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to free services. The Seller shall notify the Customer about blocking access to free services by electronic means to the address provided by the Customer in the registration form.

§ 10 RESPONSIBILITY

1. The Seller is responsible for failure or improper execution of the contract, but in the case of contracts concluded with customers who are Entrepreneurs the Seller is responsible only in the event of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
2. The seller is not responsible for failure or improper execution of services provided electronically if it is caused by third parties (in particular telecommunications operators, telecommunications and electricity providers).
3. However, the seller is responsible as for his own action or omission for the actions or omissions of persons with the help of whom he provides electronic services, as well as persons entrusted with the execution of these services.
4. The Seller is not responsible for the impossibility or difficulties in using the Online Store, resulting from reasons attributable to the Customer.
5. The Seller is responsible if the Customer’s password is lost or acquired by third parties for reasons attributable to the Seller or for which the Seller is responsible.
6. The Seller shall not be responsible for damages caused by the actions or omissions of Customers, in particular for their use of the Online Store in a way inconsistent with applicable law or the Regulations.
7. The only source of the Seller’s obligations is these Regulations and mandatory provisions of law.

§ 11 PERSONAL DATA AND “COOKIES”

1. The administrator of Customers’ personal data provided to the Seller voluntarily as part of the Seller’s provision of electronic services or under other circumstances specified in the Regulations is the Seller.
2. Personal data will be processed by the Seller only on the basis of an authorization to process data and only for the purpose of fulfilling orders or services provided electronically by the Seller and other purposes specified in the Regulations.
3. Personal data provided to the Seller are provided to him voluntarily. Anyone who gives the Seller their personal data has the right to have the access to their content and to correct them.
4. The seller provides the option of removing personal data from the collection. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated the law, and saving of personal data is necessary to clarify these circumstances and determine the Customer’s responsibility.
5. The seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.
6. The Seller does not transfer, sell or lend the collected personal data of Customers to other persons or institutions, unless it is done with the clear consent or at the request of the Customer, in accordance with the law or at the request of the court, prosecutor’s office, police or other authorized body, in the event of breaking the law by customers.
7. The Seller reserves the right to disclose to companies and websites cooperating with the Seller collective, general statistical summaries concerning customers.
8. Such summaries refer to the views of the BestConfigurator website and do not contain personal data of customers.
9. The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when using BestConfigurator.
10. The use of “cookies” is aimed at the correct operation of BestConfigurator on customer end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Cookies are not intended to identify customers.
11. The Seller uses the “cookies” mechanism in order to:

          remembering information about customer end devices;

          verification and development of your offer;

          statistical.

     12. Each customer may close the “cookies” mechanism in the web browser of his end device. The Seller indicates that closing “cookies”                   may cause difficulties or prevent the use of BestConfigurator.

§ 12 FINAL PROVISIONS AND CHANGE OF THE REGULATIONS

1. In case any provision of the Framework Cooperation Principles be or become invalid, the remaining provisions of the Framework Cooperation Principles shall remain in force.
2. The Customer is obliged to inform the Seller about the change of the electronic address and the telephone number under which the contact between the Seller and the Customer is conducted, under rigor of recognizing the information sent to the address indicated by the Buyer as effectively delivered.
3. In matters not covered by the Framework Principles of Cooperation, the provisions of generally applicable Polish law, in particular the provisions of the Civil Code, shall apply.
4. The Seller and the Customer undertake to resolve disputes arising in connection with the submission and implementation of the order and the performance of obligations by each party through mediation. The sale and provision of services by the Seller are given in the properties of Polish law.
5. If it is not possible to resolve the dispute through mediation, the court having jurisdiction over the case is the court competent for the Seller.
6. The regulations apply from the date of publication on the BestConfigurator website and replace the previously applicable BestConfigurator regulations.
7. Regulations may change. Each Customer will be informed about the content of the changes to the Regulations by placing a message by the seller on the BestConfigurator main page on the change of the Regulations, containing a list of changes to the Regulations and maintaining this information on the BestConfigurator main page for a period of at least 7 (in words:seven) next days. The notification about the change of the Regulations in the manner specified above will take place no later than 7 (in words:seven) days before the introduction of the changed Regulations.
8. All orders accepted by the Seller for implementation before the date of the changes in the Regulations are implemented on the basis of the regulations that were in force on the date of placing the order by the Customer
9. In the event of a dispute arising from the concluded Sales Contract, the parties will try to resolve the case amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.

The Regulations enter into force on 11/05/2020.