English
Polski
GENERAL PROVISIONS
"DAKAR" or "Service Provider" – DAKAR SZEWCZENKO SP.J. with its registered office in IGNATKI at PRZEMYSŁOWA Street 36, 16-001 IGNATKI, operating under the brand DAKAR SZEWCZENKO SP.J., registered in the National Court Register by the District Court in Białystok, XII Commercial Division KRS under number 0000202858, NIP: 9661538712, REGON: 051977525, email: sklep@klikmeble.pl (hereinafter referred to as: DAKAR).
The registered office address is also the address for contact and filing complaints.
"Regulations" – these regulations, which in terms of electronic services are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means.
"Consumer" – a natural person who concludes a sales contract with Dakar within the Service, not directly related to their business or professional activity.
"Entrepreneur on consumer rights" – a natural person who concludes a sales contract with Dakar within the Service directly related to their business activity, when it is evident from the content of this contract that it does not have a professional character for them, especially arising from the nature of their business activity, disclosed under the provisions of the Central Registration and Information on Business.
"Service" – the internet portal (e-store) Dakar located at: www.klikmeble.pl
"User" – a natural person with full legal capacity or a legal entity or an organizational unit without legal personality, acting through properly authorized persons, having an address for service in the territory of the Republic of Poland, who has registered or purchases goods without registration and uses services provided electronically in the Service, in the Application (if created).
"Registration" – creating an account in the Service, in the Application (if created).
Account/ Client Account – a free Electronic Service made available to the User within the Service, Application (if created) User a set of resources in the Dakar information technology system identified by a login and password, allowing the User to use additional functionalities/services specified by the Regulations. Users log into their Client Account after Registration.
"Gift Card" - a goods voucher sold in the form of a card, entitling the holder to purchase goods in the Service.
"Sales Campaign" – a predetermined period during which Dakar presents in the Service, in the Application (if created), exclusively to registered Users, information about individual goods, within which, upon the User's offer being submitted and subsequently accepted by Dakar, a sales contract may be concluded.
"Application" – (if created) refers to the "Klikmeble" software made available to the User by the Service Provider for installation on the User’s mobile device, particularly allowing the use of the Service without the need to launch a web browser;
"Technical Break" – a temporary disablement of the functionalities of the Service, Application (if created) in whole or in part, related to a failure of the Service, Application (if created), including the servers of the Application (if created), or related to the necessity of maintaining those servers or upgrading or restructuring the Service, Application (if created), during which it is not possible to use all or selected Electronic Services,
"Electronic Service" – functionalities of the Service, Application (if created), particularly the services described in clause 18 of the Regulations, provided electronically under the provisions of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 2020, item 344, as amended);
- SCOPE OF APPLICATION
1.1 Dakar provides electronic services free of charge through the Service, Application, i.e., the ability to browse content, manage an account, add reviews of purchased goods, present current notifications directly from a web browser (push notifications), manage a newsletter, and sell goods through the Service, as well as enabling the conclusion of contracts for paid services through the Service, Application. The sale of goods is conducted within individual Sales Campaigns. Both the quantity of available goods and the duration are specified individually for each Sales Campaign.
1.2 Prices listed in the Service, Application are gross prices including applicable taxes, particularly VAT (value-added tax) at the rate specified by the current legal regulations. Provisions regarding the sale of goods apply accordingly to paid services provided by Dakar, unless otherwise specified.
1.3 By registering or purchasing goods without registration, the User enters into an indefinite contract for the provision of free electronic services with Dakar, which can be terminated at any time under the terms specified in the Regulations. By purchasing goods available within the Sales Campaigns in the Service, Application, the User enters into a sales contract for the selected goods with an obligation to pay, from which they may withdraw under the terms specified in the Regulations, in accordance with applicable legal provisions.
1.4 Dakar is obliged to deliver the purchased goods to the User within the periods specified in the terms of the respective Sales Campaign, consistent with the sales contract concluded with the User and free from defects. The delivery period specified in the conditions of the Sales Campaign constitutes a binding contractual provision for the parties. The delivery term for the goods will not exceed 60 calendar days.
1.5 The term 'business days' refers to all days of the week except Saturdays, Sundays, and public holidays in the Republic of Poland.
1.6 Costs of using means of remote communication by the User are borne by the User. The cost of connecting with Dakar is based on the basic tariff of the telephone operator and is not higher than the cost of a standard telephone call, according to the tariff package of the service provider used by the User.
- MEMBERSHIP IN THE SERVICE
2.1 Sales Campaigns are available in the Service, Application only to Users.
2.2 Creating and using a User account in the Service, Application is free of charge and can be terminated at any time by the User. Membership in the Service does not impose any costs on the User.
2.3 One User may create only one membership account in the Service and in the Application.
2.4 The User's declaration of resignation from membership (termination of the contract for electronic services) can be sent by email to: sklep@klikmeble.pl. The contract terminates upon Dakar's receipt of the resignation declaration, excluding contracts with Users whose orders are in the process of being fulfilled. In such cases, the contract terminates 14 days after the delivery of the ordered goods (notice period).
2.5 Every User who has registered is provided direct, password-protected access to the Service, to the Application.
2.6 The contract for the provision of electronic services is concluded in Polish.
- HOW TO USE THE SERVICE
3.1 During registration, the prospective User will be asked to provide personal information (see point 15.1). Users are required to provide complete, true information for the proper execution of the contract.
3.2 After completing the registration process, the User will receive electronic confirmation of registration along with confirmation of the key terms of the contract for electronic services.
3.3 The password and other access data are confidential and should not be shared with unauthorized persons.
3.4 Users may not use the Service under terms other than those established, particularly by disrupting its operation or manipulating technical processes. It is prohibited for Users to provide content that is unlawful or vulgarly offensive.
3.5 In the "My Account" tab available in the Service, Application after logging in, Users can view orders in progress, shipped from the Dakar warehouse, and delivered to the User.
3.6 On their account, each User can manage their settings and data, including Newsletter subscription as well as personal data.
3.7 Dakar reserves the right to warn Users about the possibility of terminating membership and to change or delete their data if any of the Regulations are violated. If a User, not being a Consumer or an Entrepreneur on consumer rights, makes a gross number of returns of goods relative to the number of goods retained, Dakar has the right to terminate the contract with such a User, after conducting a clarifying procedure concerning the identified violations.
- TECHNICAL CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES
4.1 The technical requirements necessary to cooperate with the information technology system used by Dakar are as follows:
(a) Internet connection,
(b) web browser.
4.2 Dakar notes that using the Service, Application may involve standard risks associated with using the Internet, and recommends Users take appropriate steps to minimize them.
- CONCLUSION OF A SALES CONTRACT
5.1 Under the terms specified in the Regulations, the User concludes with Dakar a sales contract for specified goods or a contract for the provision of paid services.
5.2 Information on the Service and in the Application does not constitute a binding offer by Dakar as understood by the Civil Code, but rather an invitation to enter into a contract. Goods available in the Sales Campaigns are only available until stocks are depleted (Dakar communicates the number of available goods within the Service).
5.3 By sending an order through clicking the "Order and Pay" button, the User submits an offer to enter into a sales contract.
5.4 During the ordering process, until the "Order and Pay" button is pressed, the User has the opportunity to independently correct the entered data within the "basket" panel by adding or removing an item from the basket. Corrections to the placed order can also be made by sending an email to: sklep@klikmeble.pl.
5.5 After placing an order, the User receives an email confirmation of the order placement (offer submission) from Dakar containing all essential elements of the order, which confirms Dakar's receipt of the order (entry into the information system) and does not constitute a declaration of intent to conclude a sales contract between Dakar and the User. The sales contract is concluded only after Dakar confirms the availability of the goods and explicitly accepts (accepts) the User's offer, which will be confirmed by a separate email sent to the User after compiling their order.
5.6 If the User's order involves a paid service (e.g., delivery or assembly of goods), from the moment the User receives confirmation of the order's receipt by Dakar, there is an acceptance by Dakar of the offer submitted by the User, thus concluding a contract for the provision of paid services.
5.7 The duration of the contract for the provision of paid services coincides with the time of the service provided by Dakar or a third party, who performs services for the User on behalf of Dakar, and is specified each time when presenting the service in the Service and the Application.
5.8 The sales contract for goods is concluded in Polish.
- PRICES, SHIPPING COSTS, AND DESCRIPTION OF GOODS
6.1 Prices applicable in the Service are given each time at the time of placing the order, on each product page and in the terms stated in the description of each Sales Campaign.
6.2 The stated prices are final and include VAT at the rate specified by the current legal regulations and all other components of the price, except for shipping costs.
6.3 Shipping costs are determined individually for each order and depend on the size and weight of the goods, as well as the method of shipment.
- PAYMENT FOR PURCHASED GOODS
7.1 Dakar offers its Users the following payment methods: (1) by credit card, (2) by bank transfer or online transfer through one of the payment systems accepted by Dakar, or (3) cash payment upon collection at Dakar's headquarters.
7.2 Dakar reserves the right to limit certain payment methods for particular goods and to specify another payment method. Information on accepted payment methods and delivery restrictions are clearly indicated, at the latest at the beginning of the order placement.
7.3 In the case of cash on delivery, Dakar may contact the User, not being a Consumer or an Entrepreneur on consumer rights, to confirm the order if the order amounts to a significant sum.
7.4 Dakar accepts various types of credit cards including Visa and Mastercard. For the convenience of the User, when paying by credit card, the system automatically remembers part of the card information and allows further purchases without re-entering card details. The User can opt out of the card data memory option at any time.
7.5 If the User chooses a payment method other than cash on delivery, the User is obliged to make the payment immediately after placing the order.
7.6 To issue an invoice, please send the necessary data for the invoice, along with the order number to which the document should relate, each time when placing an order to: sklep@klikmeble.pl. The VAT invoice will be sent as a PDF file within 7 business days from the delivery date stated in the order confirmation, subject to the invoice issuance terms provided by the relevant regulations.
- DISCOUNT VOUCHERS
8.1 Dakar may issue Users with discount vouchers that authorize the purchase of goods with a nominal or percentage discount, assuming potential minimum order value thresholds necessary for the use of the discount voucher as marked in the voucher usage conditions. If Dakar issues discount vouchers, they will be granted under the terms specified below.
8.2 Discount vouchers include, in particular:
(a) Welcome discount vouchers for registering on the Service as a consequence of using an invitation to create an account on the Service;
(b) Discount vouchers as a consequence of the first paid order made by a person invited by the User;
8.3 Discount vouchers are valid only for a specific period or during a specific Sales Campaign, as Dakar informs the User each time.
8.4 Extending the validity of a voucher or transferring it to another Sales Campaign is not possible.
8.5 The rights to use discount vouchers cannot be transferred to other Users (discount vouchers are individually assigned to Users).
8.6 Discount vouchers cannot be used to cover shipping costs.
8.7 Discount vouchers can be used for purchases of a specified minimum value, stated in the conditions relating to the specific voucher. Discount vouchers are not exchangeable for cash. The retail value of goods (the order amount placed by the User, excluding shipping costs) will be reduced by the value of the discount voucher used by the User at the time of purchase.
8.8 The value of the discount code is distributed proportionally across all items in the User's basket. When purchasing several items using a discount voucher, the gross price of each item will be proportionately reduced.
8.9 Discount vouchers are not payment instruments but are nominal discounts provided by Dakar – they reduce the value of the User's shopping basket in accordance with the voucher usage conditions. The User may use a discount voucher at the final stage of placing an order by entering the discount voucher code in the field marked "Use discount voucher". The User makes payment for goods purchased using the discount voucher via available payment methods in the Service.
8.10 Within one order, the User may only use one discount voucher. Discount vouchers do not combine within a single order.
8.11 Discount vouchers do not accrue interest, and their equivalent is not paid out in cash.
8.12 If the User withdraws from the sales contract for goods purchased in the Service, using a discount voucher, Dakar will refund the money using the same method of payment used by the User unless the User explicitly agrees to another method of return that does not involve any costs for them. If the withdrawal by the User from the sales contract involved only part of the goods purchased using a discount voucher, Dakar will refund the value of the returned goods at the amount shown in the purchase confirmation (the value of the goods reduced proportionally to the value of the discount voucher). Dakar does not refund the discount voucher unless the conditions for using the voucher state otherwise.
8.13 Dakar may also issue discount vouchers individually allocated to specific Users. In such cases, the provisions of this point apply appropriately with any modifications introduced individually by Dakar. Dakar may, in particular, decide that:
(a) for the use of the voucher, it is not necessary to reach a minimum order value threshold (in this case, the User is not entitled to receive the difference in the form of cash or transfer if the value of the purchased goods is lower than the value of the discount voucher);
(b) such discount vouchers will be returned to the User in the event of withdrawal from the sales contract for goods purchased using an individually assigned discount voucher.
- GIFT CARDS
9.1 Gift Cards may be purchased by Service Users ("Purchaser"). Use of a Gift Card by a non-User requires registration in the Service or Application.
9.2 The provisions concerning the sales contract procedure for goods apply accordingly to the sale of Gift Cards, provided that to place an order for a Gift Card, the User should first contact Dakar via email at: sklep@klikmeble.pl. The User will then receive an email from Dakar with a link, clicking which will take them to a page dedicated to that User, where they can place an order for the Gift Card. Upon the User receiving confirmation of the Gift Card order by Dakar, acceptance by Dakar of the User's offer occurs, thus concluding the Gift Card sales contract.
9.3 A Gift Card cannot be purchased using another Gift Card.
9.4 The Gift Card is not exchangeable for cash.
9.5 Upon delivery of the Gift Card to the Purchaser, the risk of loss or damage to the Gift Card transfers to the Purchaser.
9.6 The Gift Card is valid from the date of its issuance or dispatch to the Purchaser, for the period specified each time in the offer invitation concerning the Gift Card (on the Gift Card presentation page in the Service, in the Application). The expiration of the Gift Card validity period precludes its use, which does not affect the Purchaser's right to a refund of the services unutilized by the expiration date of the Gift Card (withdrawal from the contract).
9.7 The Gift Card can be used to purchase goods of equal or higher value than the nominal value of the Gift Card.
9.8 If the value of the order exceeds the current value of funds on the Card, the User is obligated to pay the price difference in the manner specified by Dakar for that type of goods.
9.9 The Gift Card can only be used until the funds on it are depleted. Reloading the Gift Card is not possible.
9.10 The Gift Card cannot be used for payment for goods covered by a promotion unless otherwise specified in the promotion conditions of the specific goods.
9.11 In the case of distance contracts, the Purchaser has the right to withdraw from the contract with Dakar for the Gift Card within 14 days from the day of receiving the Gift Card. This period is deemed observed if the declaration of withdrawal is sent within the specified time, in particular to: sklep@klikmeble.pl.
9.12 The Purchaser is not required to return the Gift Card that has been deactivated (the expiry date of the Gift Card has passed, the User has effectively withdrawn from the Gift Card sales contract, the User has used all funds on the Gift Card). In case of withdrawal from the Gift Card sales contract, the sales contract is considered not concluded, and the Gift Card will be deactivated. If the Gift Card was used to purchase goods, the Purchaser retains the right to withdraw regarding the unused (unrealized) nominal funds assigned to the Gift Card. This means that if during the period between submitting the statement of withdrawal from the sales contract for the Gift Card and the deactivation of the Gift Card, the Purchaser or another User fully or partially used the Gift Card (made payment with it), Dakar is relieved from the obligation to refund the Purchaser the amount paid for the Gift Card purchase to the extent that the Purchaser or another User used it fully or partially. This does not affect the Purchaser's rights to withdraw from the sales contract for goods purchased using the Gift Card.
9.13 Dakar returns to the Purchaser the amount paid for the purchase of the Card within 14 days from the date of receiving the declaration of withdrawal from the Gift Card sales contract.
9.14 In the event of the User's withdrawal from the sales contract for goods concluded within the Service or Application using a Gift Card, the User is not entitled to receive a refund of the sale price in cash or transfer for the part covered by the Gift Card. In such a case, the User will receive a refund of funds in the form of a goods voucher to the extent that payment was made using the Gift Card.
9.15 A voucher received due to registration in Dakar following an invitation by a close person cannot be redeemed if the inviting and invited person temporarily or permanently live in the same household. The same restriction applies to a voucher received as a result of sending an invitation to a close person to register in Dakar. Dakar reserves the right to cancel placed orders, invalidate all vouchers (except purchased gift cards), and/or exclude a Dakar member from the Refer a Friend program in the future.
- DELIVERY OF PURCHASED GOODS
10.1 Deliveries are carried out only within the territory of the Republic of Poland, to the delivery address specified by the User when placing an order.
10.2 Dakar ships goods within the timeframe specified during the ordering process (the timeframe for Dakar to fulfill the service), unless otherwise agreed upon for a specific good before the contract is concluded. Delivery dates are provided on the individual product pages and on the order confirmation.
10.3 If the User fails to collect the goods, Dakar will call upon the User to fulfill the sales contract and pick up the purchased goods. If the User fails to collect the ordered goods again within the timeframe set by Dakar, Dakar reserves the right to withdraw from the sales contract within an additional 14 days from the day the timeframe for collection expires due to the User's failure to fulfill the sales contract.
10.4 If the shipment is not collected by the User for reasons attributable to the User, Dakar may claim from the User the equivalent of the costs of returning the shipment to Dakar’s warehouse, unless it is stipulated that these costs are borne by Dakar.
10.5 The cost of delivering the goods is borne each time by the User, except for deliveries that are subject to separate arrangements with Dakar. Information about delivery costs is available each time on the product page.
10.6 Upon receipt of the goods from the carrier, the risk of accidental loss or damage to the goods passes to the User. If the User decides to use a carrier not influenced by Dakar, the risk of accidental loss or damage passes to the User when Dakar hands over the goods to the carrier chosen by the User.
10.7 In case of noticing external damages to the package, to facilitate the verification of the complaint, please prepare a damage protocol with the courier and notify Dakar by writing to sklep@dakarmeble.pl. In case of damage to the goods during transport, subject to the provisions of point
10.8 second sentence, the User is entitled to warranty claims specified in point 13.2 below.
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
11.1 The User who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the sales contract within 14 calendar days from the date of receiving the goods. The User who is a Consumer or an Entrepreneur with consumer rights has the right to withdraw from the contract without giving any reason and without incurring costs, excluding the direct costs of returning the goods, which the User who is a Consumer or an Entrepreneur with consumer rights is obliged to bear on their own, unless it is stipulated that these costs are borne by Dakar.
11.2 Withdrawal from the contract occurs by submitting a declaration of withdrawal from the contract by the User who is a Consumer or an Entrepreneur with consumer rights. Such a declaration can be submitted using the model form for withdrawal from the contract (in accordance with the statutory form mentioned in Article 30(1) of the Consumer Rights Act), included in these Regulations. The declaration can be sent by post or to the email address: sklep@klikmeble.pl.
11.3 The deadline for withdrawing from the contract is deemed to be met if the declaration is sent before the expiry of 14 days from receiving the goods. The User who is a Consumer or an Entrepreneur with consumer rights is obliged to return the goods immediately, no later than within 14 calendar days from the day of purchasing the goods, whereby sending the goods back before the deadline is sufficient to meet the deadline.
11.4 If the User who is a Consumer or an Entrepreneur with consumer rights wishes to return the goods, they can contact Dakar by sending a message to: sklep@klikmeble.pl. To streamline the return procedure, please provide the order number and reason for the return, although this is not mandatory. The User who is a Consumer or an Entrepreneur with consumer rights may also submit a declaration of withdrawal from the contract in another unequivocal way, including through the Service or Application, using the functionality provided for this purpose.
11.5 In the event of withdrawal from the contract, Dakar undertakes to refund the payment made for the purchased goods along with the costs for their delivery, in the same manner as it was made by the User who is a Consumer or an Entrepreneur with consumer rights, within no later than 14 days from the day of receiving the declaration of withdrawal from the contract. In the case of cash on delivery, Dakar will ask the User who is a Consumer or an Entrepreneur with consumer rights to provide a bank account number for the purpose of making the refund, which does not affect the obligations of Dakar stated in the preceding sentence. If Dakar did not propose to collect the goods from the User who is a Consumer or an Entrepreneur with consumer rights, it may withhold the return of the payments received from the User who is a Consumer or an Entrepreneur with consumer rights until the goods are returned or until proof of their dispatch is provided by the User who is a Consumer or an Entrepreneur with consumer rights, depending on which event occurs first.
11.6 Dakar is not obliged to reimburse the costs of shipping incurred by the User who is a Consumer or an Entrepreneur with consumer rights for the delivery of the goods after purchase, exceeding the costs of the cheapest, standard method of delivery offered by Dakar.
11.7 If the payment was made using a discount voucher, the User who is a Consumer or an Entrepreneur with consumer rights will receive a refund of the actual cash fee paid, and the used discount vouchers will be re-credited to the account of the User who is a Consumer or an Entrepreneur with consumer rights.
11.8 If the payment was made using a Gift Card, then the refund of the payment will be made with the consent of the User who is a Consumer or an Entrepreneur with consumer rights in the form of a voucher added to the account of the User who is a Consumer or an Entrepreneur with consumer rights, who made the payment with the Gift Card.
11.9 The User who is a Consumer or an Entrepreneur with consumer rights is liable for any decrease in the value of the goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
11.10 The right to withdraw from the contract does not apply to the User who is a Consumer or an Entrepreneur with consumer rights in the case of a contract:
1) whose subject matter is goods made to the specifications of the User who is a Consumer or an Entrepreneur with consumer rights or intended to meet their individualized needs,
2) whose subject matter of service is goods that perish quickly or have a short shelf life,
3) whose subject matter of service is goods delivered in sealed packaging, which cannot be returned after opening due to health protection or hygiene reasons,
4) whose subject matter of service are goods that, due to their nature, are inseparably mixed with other items upon delivery,
5) for services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision.
11.11 In the case referred to in point 11.10. 5) above, Dakar may grant the User who is a Consumer or an Entrepreneur with consumer rights the right to withdraw from the contract within 10 days from the day of entering into the contract. The provisions regarding the withdrawal from the contract for the sale of goods shall apply correspondingly to the withdrawal from the contract for the provision of services mentioned in point 11.10. 5) above. Any right to such withdrawal will be explicitly reserved in the service description on the website of the Service.
11.12 In the event of using the right to withdraw from the contract by the User who is a Consumer or an Entrepreneur with consumer rights, they bear the direct costs of returning the goods, unless Dakar declared that it will bear the return costs. In the case of goods that, due to their nature, cannot be returned in the usual way by post, the cost of the return shipment is analogous to the costs that the User who is a Consumer or an Entrepreneur with consumer rights incurred when placing the order.
11.13 Goods subject to return (withdrawal from the contract) should be directed to the address of Dakar's headquarters.
11.14 It is possible to pay for a courier (at the expense of the User who is a Consumer or an Entrepreneur with consumer rights) to collect the shipment containing the returned goods due to the withdrawal from the sales contract through our Customer Service Department (this is voluntary, however). For this purpose, please send a message, including the order number, to: sklep@klikmeble.pl. The cost of the return shipment is analogous to the costs that the User who is a Consumer or an Entrepreneur with consumer rights incurred when placing the order, unless it is stipulated that these costs are borne by Dakar.
11.15 In the case of returning goods purchased during promotional campaigns, where delivery to the User who is a Consumer or an Entrepreneur with consumer rights did not involve any fee, if the User who is a Consumer or an Entrepreneur with consumer rights orders a courier through the Customer Service Department, the costs of the return shipment will be determined based on the courier company's price list, unless it was decided that these costs are borne by Dakar. Exact information on the amount of the fees will be provided each time by the Customer Service Department after prior email contact at the address: sklep@klikmeble.pl.
- COMPLAINTS
12.1 Complaints regarding the provision of services via electronic means can be submitted particularly via email to sklep@klikmeble.pl or in writing to the address of Dakar’s headquarters.
12.2 To expedite the processing of a complaint, please provide at least the name under which the User appears in the Service (email address) and a description of the issues raised in the complaint.
12.3 If the information provided in the complaint is incomplete, Dakar reserves the right to contact the User to obtain the necessary additional information.
12.4 Dakar will consider the complaint within 14 days from the date of receipt.
12.5 A response to the complaint will be sent to the email or postal address provided by the User, as indicated in the complaint.
- COMPLAINTS CONCERNING GOODS
13.1 Dakar is responsible for delivering goods free from defects and in accordance with the sales contract. The warranty is excluded in cases of sales to Users other than Consumers or Entrepreneurs with consumer rights.
13.2 A User exercising warranty rights is required to send the defective goods to the address of Dakar’s headquarters at Dakar's expense.
13.3 The User has the right, primarily, to restore the goods to conformity with the contract by repair or replacement, and only then, under certain conditions, the possibility to reduce the price or withdraw from the contract.
13.4 The User has the right to initially declare a reduction in price or withdrawal from the contract if:
- the non-conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without first demanding the repair or replacement of the goods;
- from Dakar's statement or circumstances, it is clear that they will not bring the goods into conformity with the contract within a reasonable time and without undue inconvenience to the consumer.
13.5 A User who has found the goods to be non-conforming with the contract, in order to expedite and effectively process the complaint, is asked to send detailed and precise information about this non-conformity, including photos of the defective goods, to sklep@klikmeble.pl along with information on the preferred method of complaint resolution. Dakar will promptly contact the User at the email address provided by them regarding the further handling of the complaint. This provision does not affect Dakar's obligation to consider the complaint within the period specified by applicable laws. The User is required to make available to Dakar the goods subject to repair or replacement. Dakar will collect the goods from the User at its own expense.
13.6 If the User has requested the replacement or repair of the goods and Dakar has not responded to this request within 14 days, it is assumed that Dakar has acknowledged the request as justified.
13.7 Dakar is liable for any non-conformity of the goods with the sales contract that existed at the time of delivery to the User and revealed within two years from that moment.
- EXCLUSION OF LIABILITY FOR HYPERLINKS
14.1 Hyperlinks to other websites are available in the Service and the Application.
14.2 If Dakar receives information about illegal or unethical content, the relevant hyperlink will be removed from the Service and the Application.
- PROTECTION OF PERSONAL DATA
15.1 The rules for processing personal data in the Service and the Application are set out in the Privacy Policy.
- COPYRIGHT TO ILLUSTRATIONS
16.1 The use of illustrative materials, photographs, compositions, page layouts, and intellectual property contained in the Service – regardless of form – for purposes other than personal use is prohibited unless there is explicit permission from Dakar.
- POSSIBILITY OF OUT-OF-COURT DISPUTE RESOLUTION
17.1 A dispute arising from a contract entered into between a User who is a Consumer or an Entrepreneur with consumer rights and Dakar may be amicably settled through proceedings concerning the out-of-court resolution of consumer disputes. Dakar's participation in proceedings for the out-of-court resolution of consumer disputes is voluntary, and the information provided below does not constitute an obligation for Dakar to participate in such proceedings.
17.2 Under the rules specified in the Act of December 15, 2000, on Trade Inspection, a dispute concerning property rights arising from a contract entered into between a User who is a consumer and Dakar may be referred to permanent arbitral tribunals at the provincial inspectors of the Trade Inspection upon the User's request.
17.3 Under the rules specified in the Act of December 15, 2000, on Trade Inspection, if the nature of the case warrants it, the provincial inspector of the Trade Inspection undertakes actions aimed at the out-of-court settlement of a civil dispute between a User who is a consumer and a businessman by facilitating the approximation of the positions of the parties to resolve the dispute by its parties or presenting the parties with a proposal to settle the dispute. The proceedings are initiated upon the request of the User who is a consumer, submitted to the provincial inspector competent due to the place of business activity conducted by Dakar.
17.4 A User who is a consumer may also contact the district (municipal) consumer ombudsman, whose tasks specifically include providing free consumer advice and legal information in the field of consumer interest protection and addressing entrepreneurs regarding the protection of the rights and interests of consumers.
17.5 The rules and procedures for accessing out-of-court consumer dispute resolution are separately defined in the legal provisions (including, in particular, the Act of September 23, 2016, on out-of-court resolution of consumer disputes) or in the regulations applied by entities authorized within the framework of consumer dispute resolution, particularly in the regulations in force in these entities. A User who is a consumer can also obtain information about out-of-court complaint handling and redress methods and the rules for accessing these procedures on the websites of district (municipal) consumer ombudsmen, social organizations, provincial inspections of the Trade Inspection, social organizations whose statutory tasks include consumer protection, and the Office of Competition and Consumer Protection.
- MOBILE APPLICATION
18.1 A user who wishes to use the Electronic Services through the Application (if it is created) is particularly required to download the Application only from legal sources.
18.2 The Application can be downloaded for free onto the User's mobile device from online mobile application stores.
18.3 Using the Application downloaded from a source other than specified in sec. 18.2 above may involve the risk of compromising the Application's integrity and connecting with malicious software, which poses a threat to the security of the User's mobile device and the data stored therein.
18.4 In order to use the Application, the User should:
a) familiarize themselves with these Terms and Conditions and the information about the Application provided within the stores mentioned in sec. 18.2 above and accept them, and
b) download the Application from the store referred to in sec. 18.3 above, and
c) install the Application on the User's mobile device, following the instructions displayed after launching the installation process or provided by the stores mentioned in sec. 18.2 above.
18.5 The Application connects to the Service via the Internet.
18.6 The User must meet the following technical requirements to use the Application:
a) have an Internet connection - to download the Application and to use the services of the Application requiring connection to this network,
b) have a mobile electronic device, such as a smartphone/tablet, operating on one of the following systems:
I. Android version 7 and higher,
II. iOS version 13 and higher.
18.7 The requirements concerning the operating system versions, specified in sec. 18.6 subsec. b above, constitute the minimum requirements. According to the best knowledge of Dakar, it is also possible to use the Application through lower versions of systems than those listed in point
18.8 subsec. b of the Terms, however, only the operating systems in the versions specified in the above point ensure the proper functioning of the Application.
18.9 Dakar will make every effort to ensure that access to data from the Application servers via the Application is possible 24 hours a day, 7 days a week, which does not exclude Dakar's right to manage a Technical Break and to temporarily limit or completely disable the above access.
18.10 In case of the need to manage a Technical Break, the Service Provider will inform about the expected date and duration of the Technical Break in a message displayed directly in the Application.
18.11 The User may uninstall (delete) the Application from their mobile device at any time using the device's settings.
18.12 Complaints regarding the operation of the Application can be submitted in accordance with the provisions of sec. 12 of the Terms.
- CONSUMER WARRANTY CONCERNING DIGITAL SERVICES AND CONTENT PROVIDED WITHIN THE SERVICE AND APPLICATION.
19.1 The provisions of this chapter apply in the case when an Application is created and only to Users who are consumers and natural persons entering into a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for these persons, particularly based on the subject of their business activity, provided under the provisions of the Central Registration and Information on Business.
19.2 The Application constitutes digital content within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended). The Service Provider within the Application provides services which – in the scope of services provided electronically under the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended) – constitute digital services within the meaning of the Act of May 30, 2014 on consumer rights, understood according to this Act as services allowing the User to:
a) generate, process, store, or access data in digital form,
b) share data in digital form that has been transmitted or generated by the User or other users of this service,
c) other forms of interaction using data in digital form.
19.3 The provisions of this point 19 apply exclusively to the provisions of these Terms concerning digital content and services.
19.4 The Service Provider delivers the User, digital content, or a digital service immediately after the contract is concluded. The contract is concluded by Registration and acceptance by the User of the Terms.
19.5 Digital content is considered delivered at the moment when the digital content has been made available to the User who is a consumer or downloaded onto the User's mobile device, or when the User or his mobile device has gained access to it. A digital service is considered delivered at the moment when the User or the User's mobile device has gained access to it.
19.6 The User who is a consumer may withdraw from the contract if the Service Provider has not delivered the digital content or digital service to him, despite being called upon to deliver it, immediately or at a clearly agreed upon time by the parties.
19.7 The User who is a consumer may withdraw from the contract without calling for the delivery of digital content or digital service if:
a) Dakar's statement clearly indicates that it will not deliver the digital content or digital service, or
b) Dakar and the User agreed that a specific delivery time for the digital content or digital service was crucial for the User, and Dakar did not deliver them within this time.
19.8 In case of withdrawal by the User from the contract, the provisions of sec. 19.16. – 19.17. apply accordingly.
19.9 Digital content or a digital service complies with the contract if:
a) their description, type, quantity, quality, characteristics, and the availability of technical support and updates match the contract;
b) remain useful for the purpose for which they are needed by the User,
c) are suitable for purposes for which digital content or a digital service of this type is usually used;
d) possess characteristics typical for digital content or a digital service of this type and which the User who is a consumer may reasonably expect, considering the nature of the digital content or digital service and public assurances made by Dakar, its legal predecessors or persons acting on its behalf, particularly in advertising or on a label, unless Dakar proves that:
I. it was unaware of the given public assurance and judging reasonably could not have known about it,
II. before the contract was concluded, the public assurance was corrected with the conditions and form in which the public assurance was made, or in a comparable way,
III. the public assurance did not influence the User's decision to enter into the contract;
e) are consistent with a trial version or preview, which was made available to the User who is a consumer by Dakar before the contract was concluded,
f) have been delivered with instructions that the User may reasonably expect.
19.10 Dakar informs the User about updates necessary to maintain the compliance of digital content or a digital service with the contract and delivers them to the User.
19.11 If the User who is a consumer does not install the updates provided by the Service Provider within a reasonable time according to sec. 19.9, the Service Provider is not liable for the lack of compliance of digital content or a digital service with the contract if:
a) he informed the User who is a consumer about the update and the consequences of not installing it;
b) the failure to install or improper installation of the update did not result from errors in the installation instructions provided by the Service Provider.
19.12 In case the digital content or digital service is not compliant with the contract, the User may demand bringing it into compliance with the contract. Dakar is obliged to bring the digital content or digital service into compliance with the contract within a reasonable time and without undue inconvenience for the User.
19.13 Dakar may refuse to bring the digital content or digital service into compliance with the contract if bringing them into compliance with the contract is impossible or would require excessive costs for Dakar.
19.14 In assessing the excessiveness of costs, all circumstances of the case are taken into account, in particular the significance of the lack of compliance of the digital content or digital service with the contract, the value of digital content or digital service compliant with the contract.
19.15 Only in the case of:
a) the occurrence of one of the situations described in sec. 19.13 and 19.14. above;
b) when Dakar has not brought the digital content or digital service into compliance with the contract in accordance with the provisions indicated in sec. 19.12. – 19.14.;
c) when the lack of compliance of digital content or digital service with the contract is very significant;
d) when from Dakar's statement or other circumstances it appears that Dakar will not bring the digital content or digital service into compliance with the contract within a reasonable time or without undue inconvenience for the User;
The User may make a statement on reducing the price of digital content or digital service or withdrawing from the contract. The reduced price should remain in such proportion to the price resulting from the contract as the value of the digital content or digital service not compliant with the contract remains to the value of digital content or digital service compliant with the contract.
19.16 After withdrawal from the contract, Dakar may not use content other than personal data provided or generated by the User while using the digital content or digital service provided by Dakar, except for content that:
a) is useful only in connection with the digital content or digital service that was the subject of the contract;
b) relates only to the User's activity while using the digital content or digital service that was the subject of the contract;
c) have been combined by Dakar with other data and cannot be separated without undue difficulty;
d) have been generated by the User together with other Users who can still use them.
19.17 Dakar is not entitled to demand payment for the time during which the digital content or digital service was not compliant with the contract, even if the User actually used them before withdrawing from the contract.
- FINAL PROVISIONS
20.1 Dakar reserves the right to change the Terms in the event of at least one of the reasons indicated below (closed list):
1) change in legal regulations regulating the sale of goods or services, or the provision of services electronically by Dakar affecting the mutual rights and obligations specified in the contract for the provision of services or the sales contract concluded between the User and Dakar;
2) the need to adjust Dakar's activities to commands, judgments, provisions, or guidelines resulting from: (i) the decision of the competent authority in the field of Dakar's activities or (ii) a court ruling applicable in the field of Dakar's activities, affecting the mutual rights and obligations specified in the contract for the provision of services or the sales contract concluded between the User and Dakar.
3) change in the way of providing services electronically by Dakar caused solely by technical or technological reasons (in particular updates of the technical requirements specified in these Terms);
4) change in the scope or principles of providing by Dakar services provided electronically, to which the provisions of the Terms apply, by introducing new, modifying, or withdrawing by Dakar the existing functionalities or services covered by the Terms and offered to the User;
5) merger, division, or transformation of Dakar or change of other identification data of Dakar specified in the Terms.
20.2 Dakar will inform the Users about the change in the Terms with appropriate advance notice no shorter than 14 days.
20.3 In the case of Users who have not accepted the Terms, they have the right to terminate the contract within 14 days from the day they were notified of the change in the Terms. The change in the Terms does not affect the content and conditions of the sales contracts entered into by the User and Dakar before the change in the Terms.
20.4 In the event of changes in the Terms, Dakar will provide the consolidated text of the Terms by publishing it on the website and via a message sent to the email address provided by the User.
As of 20.04.2024.