Terms and Conditions for Sellers
- General provisions
- These Regulations define the rules of functioning and use of the Website (Store) DEKO EKO, rights and obligations and the scope of responsibility of the Administrator and the Sellers.
- The Administrator acts as an intermediary in transactions between the Sellers and Buyers via the Website. For this purpose, the Administrator provides the Seller with space on the server and functionality of this Website.
- The Administrator runs the store focused primarily on recycled and upcycling products created from recycled materials, products manufactured using environmentally friendly production methods respecting the natural environment, products from ecological materials (eg organic cotton), and products made of easily recyclable materials (e.g. cardboard) or biodegradable. In special cases, after individual acceptance by the Administrator, we also allow selected products for charity purposes. The assortment assumes the widest range of upcycling and ecological brands present on the Polish market, as well as the offer of upcycling and ecological brands from around the world.
- Each Seller before using the Website is required to read the Regulations and accept all its provisions.
The terms used in these Regulations mean:
- Administrator – DEKO EKO spółka z oo with headquarters in Krakow, Al. Słowackiego 44 lok 5, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Kraków, XI Commercial Division of the National Court Register under the number KRS 0000606526, using NIP number 6772400033 and REGON 363938854; e-mail address: firstname.lastname@example.org
- Service (Shop) – DEKO EKO website operating at the URL www.dekoeko.pl, which provides electronic services consisting in posting and maintaining Sellers’ offers on the Website and handling purchase and sale transactions concluded via the Website.
- Product – an item or service that can be traded in accordance with the Regulations.
- Product Card – a page maintained on the Website presenting in detail the given Product and information about the Seller.
- Seller’s offer – all Products posted by the Seller on the Website, their descriptions, properties, information on shipping costs and delivery time.
- Seller – a natural person who is 18 years of age and has full legal capacity, a natural person running a business or legal entity and an organizational unit without legal personality, publishing on the Website the offer of Products to which they are entitled to all copyrights and issuing them for sale. The Seller is also the Administrator with respect to the Products offered by him.
- Buyers – natural persons over 18 years of age, with full legal capacity, legal persons and organizational units without legal personality. Buyers undertake activities aimed at purchasing or buying Products via the Website.
- Consumer – Buyer who is a natural person and performs a legal act not related directly to his business or professional activity.
- Seller’s Account (Account) – an electronic service consisting in maintaining a separate place on the Website for the benefit of the Seller and collecting data on the Seller’s offer, data necessary to perform the order, transactions carried out by the Seller, the status of individual transactions.
- Product Price – the gross price for the Product offered on the Website is visible in the Product Card and accepted when placing the order.
- Regulations – these Regulations for Sellers.
- Conditions for participation in the Website
- As part of its business operations, the Administrator provides the Seller with a place in the Website maintained by him, where the Seller offers its own offer of Products and issues it for sale to the Buyer.
- All products offered on the Website must be the sole property of the Sellers, have no physical or legal defects, do not be encumbered with the rights of third parties.
- The Administrator may place on the Website offered for sale own Products under its own brand.
- The seller choosing the JOIN US tab gives his name, surname (company name) and e-mail address. In order to select offers, the Seller should also submit a short description of his business including the Dekoeko Factor and send by email / via the contact form some examples of photographs of his work. After correct verification of the submitted offer, the Seller will be given the right to manage his account or will be informed about setting up an account by the Administrator. In order to complete registration on the Website and start selling products, the Seller should complete a form also containing the address of residence or registered office, contact telephone number, PESEL number / NIP, registration authority data and registry number, data on share capital (if applicable), correspondence data in the COMPANY SETTINGS / DATA tab. Supplementing the above-mentioned data is necessary to start selling on the Website and to settle for transactions made through the Website. Filling out the form is tantamount to the Seller’s statement that the data placed in it is current and true. The administrator is authorized to verify the Seller’s data.
- In the event of subsequent changes to any data, the Seller should update them immediately.
- Placing offers on the Website
- As an operator of the Website, the Administrator allows the Sellers to conclude sales contracts for Products on the terms set out in the Regulations and for this purpose provides the Users with appropriate system tools on the Website. The Administrator is not a party to contracts concluded between the Sellers and Buyers and does not guarantee that the Seller and the Buyer have the option of concluding and performing the Product sales contract.
- Placing sales offers on the Website may be done directly by the Administrator or independently by the Seller.
- The Seller undertakes not to display on the Website Products which trade violates applicable law or third party rights, including copyrights and other intellectual property rights, as well as Products whose issuance may be considered as violating good practices.
- The Seller agrees with the Administrator to use the content he receives (including photos, graphics, descriptions and names) for promotional purposes of the Website, including their publication on the Website, as well as in other places (including the Internet, press, television) ) including after deletion of the Account if they concern materials that have been added to the website during cooperation with the Seller.
- To start selling on the site, the Seller should upload a set of elements created for this purpose, including:
- logotype and brand description in the PROFILE tab;
- Products in good quality (minimum width 600 px, format: jpg) with description of each The product in the PRODUCTS tab;
- time of order fulfillment (counted from the moment of receipt from the Administrator of information on posting the fee for the shipment of the Product);
- shipping methods and costs in the FORMS OF DELIVERY tab;
- Seller’s data or business data, contact details, and bank account number in the COMPANY DATA tab.
- In order to determine / update the offer of its Products on the Website, the Seller should complete the Product Card (using its Seller Account in the „Add a new product” tab). When creating the Product Description, the Seller should include at least one photograph of the Product, the name of the Product, dimensions, materials used (raw materials), versions, colors, care methods, other features (if applicable to the given Product), and indicate and describe the so-called Factor Dekoeko.
- When creating a Product Card on the Website, the Seller should specify its gross price including the margin due to the Administrator, the time of order completion (understood as the time needed to complete the Product’s shipment from the moment the payment is credited to the Administrator’s account).
- From the moment of receiving the confirmation of payment by the Buyer, the Seller has 1 business day to send the Product to the Buyer via courier and 2 business days to send the Product to the Buyer via Poczta Polska SA, subject to the provisions of § 5 para. 9 of the Regulations, unless the specificity of production of products placed on the site requires a longer time of the contract. In this case, the Seller is required to place an appropriate and binding deadline for the order in the product card. The seller bears sole responsibility for the date of completion specified in the product card. If the Buyer cancels the order after the order delivery deadline, the Seller is obliged to pay the margin due to the Administrator, unless the Product has sent on time or has fulfilled the obligation referred to in § 4 para. 22.
- The dates referred to in paragraph 8 are valid if you receive information about your order by 14 o’clock. Otherwise, the deadline for the contract may be extended by one working day, respectively.
- Descriptions, including photos and product names, may not contain any content violating the law and good manners or other rights protected by law. By issuing the Product, the Seller declares that the trade with the Product issued does not violate the provisions of the applicable law or the rights of third parties (including copyrights).
- The Product description may not contain advertisements, promotional materials, information and internet addresses regarding the Seller’s products or services not presented on the Website as well as products or services of other entities as well as all information of a commercial or contact nature. In the case of breaking the ban, the Administrator is entitled to charge the Seller a contractual penalty in the amount of 15% of the full value of the Seller’s Offer valid on the date of violation of the prohibition for each infringement.
- The seller may not send advertisements using the addresses acquired in the context of mutual communication or trade, unless their recipient officially gave his consent. In the event of breaking the ban, the Administrator is entitled to charge the Seller a contractual penalty in the amount of 25% of the value of the Seller’s Offer valid on the date of violation of the prohibition for each infringement.
- The Product Card should be reliable and complete and must not mislead Buyers, in particular as to the properties of the Product, such as its quality, origin, brand or manufacturer. The Product Card should comply with the legal requirements, in particular it should contain information required in certain circumstances, including information indicated in the applicable provisions on consumer protection. The Seller bears full responsibility for the content placed by him in the Product Card, in this he is responsible for any errors or inaccuracies of such description.
- The Seller is bound by the content contained in the Product Card, including the price paid to the Buyer from the time he places the order or placing the Product in the shopping basket.
- Providing the Product Description Administrator via e-mail or a Selling Account shall be deemed to submit an order to the Administrator to place and maintain the Product offer on the Website.
- Once the Seller has the right to manage the Account, it can independently complete its Account with the necessary information (see § 4, 6 and 7), and then manage it, add Products according to the Description of the Product in accordance with the provisions of the Regulations.
- Users who are able to fully manage the Seller’s Account should add their own photos to their Account, create their descriptions, set prices and update the status of the order.
- Individual placing of the offer on the Website by the Seller shall be deemed to submit the order to the Administrator to maintain the Product offer on the Website.
- Not submitting all elements may result in not placing an offer on the Website. The Administrator reserves the right to remove the Products issued by the Seller without giving a reason.
- The administrator has the option of moderating the descriptions of the Products, brand description if he deems it necessary. The Seller will be notified via e-mail about the changes made to the current e-mail address provided by the Seller. The above does not affect the responsibility of the Seller for the content entered into the Website.
- The seller bears full and sole responsibility for the consequences of providing untrue, inaccurate or outdated information.
- The seller is obliged to immediately post information in the Management Panel of his account about leave or other absence, resulting in a break in handling shipments at least 7 days in advance.
- The Administrator reserves the right to select Products placed on the Website.
- The Seller is obliged to immediately update the statuses on the Vendor’s Account about changes to its offer posted on the Website, including changes in inventory, adding new Products, out of the Product, changes in Product features or baseline values, changes in Seller’s data, change in the bank number , changing the order status, etc. Failure to do so may result in blocking the Seller’s offer or parts thereof on the Website.
- It is forbidden for the Seller to post any information on the Website that would be aimed at encouraging direct contact with the Buyer and making transactions outside of the Website. Product description and Product presentation title may not contain the address, mailing address, e-mail address, IM numbers, etc. or any other method that would allow direct communication between the Buyer and the Seller, until the Buyer agrees to contract otherwise than the Buyer via the Website. If the order is initiated as part of the Dekoeko.com portal, however, its implementation will take place bypassing the site, the Seller undertakes to settle the margin for mediation with Dekoeko.
- As the Website operator, the Administrator allows Users to use the functionality of the Internal Messenger, enabling direct contact of Buyers with the Sellers, via the contact link „Contact the Developer” or „Ask the Producer”. It is forbidden for the Seller to put in the messages sent to the Buyer via the internal communicator all information and contact details, including in particular the phone number, email address, address of another store where the Buyer can buy this Product without the Dekoeko.com service, unless the Buyer has submitted already an order via the Website.
- Each parcel should contain the address of the sender consisting only of: the name and surname / business name of the sender, street and apartment number, zip code and city. It is forbidden to attach any promotional materials that would be used to induce you to make a transaction bypassing the Website and would include the address of an online store other than Dekoeko.com, in which the Seller also issues its Products.
- Out of the care for the quality of services, the Seller is obliged to pack the ordered goods in accordance with the standard defined by the DEKO EKO, i.e. by means of company materials provided by the Administrator (tape and wrapping paper, stickers, promotional materials), provided such materials are provided to him.
- In the event of the Seller breaking the prohibitions set out in § 4 para. 25 to 28, the Administrator has the right to charge a contractual penalty in the amount of 75% of the value of the last completed order, for each breach of the ban, and also temporarily, no longer than 30 days to stop the Seller’s offer on Dekoeko.com
- The Seller releases the Administrator from all claims that third parties may make to the Administrator due to violation of their rights or breach of the Seller’s obligations, unless the wine is solely borne by the Administrator.
- As an operator of the Website, the Administrator enables the Sellers to use the functionality of the website other than sale. The Seller, via the Account Management Panel, has the option to add blog articles and DIY tutorials in the BLOG tab, as long as they are entitled to proprietary copyrights. The administrator has the right to edit the content sent for publication or to suspend publication if he deems it appropriate.
- The course of the transaction
- Products offered for sale via the Website remain in the possession of the Seller until shipment.
- The seller is obliged to respond promptly to messages received from the Buyer, unless he is on vacation and has placed such information in his panel.
- The only form of payment for orders placed on the Website is prepayment.
- Prepayments Buyers make by bank transfer to the Administrator’s bank account No. 29 1950 0001 2006 8083 0382 0001, via the Przelewy 24 transaction platform or the PAYPAL system.
- Payments by e-transfer are available for the following banks: Inteligo, mBank, BZ WBK, BPH, ING, KB24, InvestBank, Lukas Bank, Pekao, BGŻ, Millennium, PKO BP, MultiBank, BOŚ, Citi Handlowy, Nordea, Deutsche Bank, Fortis , Euro Bank, Raiffeisen, SGB, Alior, Bank Pocztowy, GetIn, Volkswagen Bank, Polbank, FM Bank, MeritumBank, HSBC Bank.
- After posting the payment for the order, the Administrator orders the Seller to send the Products to the Buyer. From this moment, the Seller is obliged to send the ordered Products within 1 business day by courier and 2 working days by Poczta Polska SA subject to § 4 para. 8 and 9. The Seller is obliged to comply with the order delivery date specified in the product card. In the event of failure to observe the date of shipment of the Product due to reasons beyond the Seller’s control or inability to fulfill the order in whole or in part, the Seller is obliged to notify the Buyer and the Administrator immediately, not later than on the next day from the occurrence of the reason.
- Sellers place an order for a courier by phone or through the Account Management Panel. The costs of the courier service for the shipment of the Product to the amount covered by the Buyer are settled by DEKO EKO. All additional shipping costs, in particular those resulting from the underestimation of courier services by the Seller, are covered by the Seller. The seller is obliged to refund the costs of the surplus incurred by DEKO EKO within 7 days from the date of the call for their settlement.
- In the event of failure to meet the deadlines specified in the Product Card, the Seller shall pay the Administrator a contractual penalty of 25% of the value of the Shipment which was sent with a delay. The agreed contractual penalty does not release the Seller from the responsibility for delay in shipping the Product on general terms.
- If the Product is not currently available, but the Seller may earn the same or similar Product on request – enter the number 0 in the „quantity” field. On the product page, the product will be „Sold „. The buyer will be able to inquire about the availability of the product in this situation via the „Ask for availability” button on the product card.
- The seller is obliged to send the purchased Products by registered mail, parcel, courier, or allow personal collection in accordance with the Buyer’s declaration and keep the proof of postage in the event of a complaint.
- After sending the Product, the Seller is obliged to immediately update the status of the completed order on his / her Vendor’s Account. Changing the status to REALIZED generates an automatic notification sent by the system to the Buyer informing him about the delivery. No change in the status of the order on time will be treated by the clearing system as a delay in the shipment of goods and may result in the financial consequences described in paragraph 9. Paragraph 5.
- Pursuant to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827), the Buyer who is a Consumer who concluded a distance or off-premises contract may withdraw from it without giving any reason within 14 days. and without incurring costs, with the exception of the costs referred to in Article 33 , art. 34 par. 2 and art. 35 of the Act, submitting a declaration to the Seller within 14 days from the date of receipt of the Product.
- The Seller is obliged to attach to the Products sent to the Consumer a statement of withdrawal form each time . The model statement of withdrawal is attached as Annex 1 to the Regulations.
- The Buyer is obliged to return the returned Product to the address of the Seller who is obliged to collect it. The seller is obliged to collect it.
- The Seller is obliged to confirm the receipt of the Product on his Account, immediately after receiving the parcel by changing the order status to „Returns and complaints”.
- The Seller returns to the Buyer the value of the Product, and if the Seller has not yet received the sale price from the Administrator, at the Seller’s request, the return shall be made by the Administrator.
- In the event of returning the Product by the Buyer, the cost of shipping the Product to the Buyer shall be borne by the Seller, whereas if the Consumer chose the method of delivery other than the cheapest usual delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer for additional costs incurred . The Buyer shall bear the direct costs associated with the return return of the Product to the Seller.
- In the Administrator’s account with the Seller, the amount that has been charged for the Product (refunded by the Buyer) will be deducted.
- In the case of prepayment by the Buyer, the Seller is obliged to refund the statutory interest to the Buyer from the date of prepayment for the Product.
- The right to withdraw from the contract referred to in § 6 para. 1 is not entitled to the Consumer in relation to contracts:
- for the provision of services, if the Seller performed the service fully with the express consent of the Consumer, who was informed before the provision that he would lose the right to withdraw from the contract after the performance of the performance by the Seller;
- in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur does not have control, and which may occur before the deadline for withdrawal from the contract;
- in which the object of the sale is a non-prefabricated item, produced according to the Consumer’s specification or serving to satisfy his individual needs;
- in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life;
- in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other things;
- The Buyer may file a complaint about the Product delivered by the Seller who has technical / physical defects as well as the Product, on the terms specified in art. 556 and following of the Civil Code.
- Complaints are dealt with by the Sellers, but in case of disputes, the Administrator may act as an arbitrator and decides whether the complaint in a given case is justified.
- The Buyer is obliged to return the advertised Product to the address of the Seller.
- The seller is obliged to confirm the way of handling the complaint on his account, immediately after receiving the parcel. If you choose the option to repair the Product, after returning the repaired product to the Buyer is obliged to confirm the shipment in your Account by changing the status to „Returns and complaints”.
- In the event of a justified complaint, the Seller will not receive a fee for the order related to this Product and must cover the cost of return shipping of this Product incurred by the Buyer, as well as the commission due to the Administrator.
- If the Administrator has already made the payment for the ordered Product and it is correctly advertised by the Buyer, the Seller is obliged to refund these fees to the Administrator along with the amount representing the return shipping cost of the Product incurred by the Buyer and the commission due to the Administrator.
- Fees and commissions
- The creation and possession of a Seller Account, placing offers on the Website, making changes in them is free.
- The Administrator charges a commission from the Seller on the sale of the Product, which is determined individually with each User.
- The commission charged as referred to in para. 1 is a gross amount.
- The prices of Products visible on the Website are determined by the Administrator on the basis of the price list provided to him by the Seller, which is the amount that the Seller wants to obtain from the sale of the Product and suggested retail prices. On the basis of the price list sent by the Seller, the parties set a sales commission – fixed for the entire range of the Seller’s products.
- Product shipping costs are not taken into account when calculating the commission due to the Administrator.
- The Administrator acquires the right to commission at the time of payment for the Product by the Buyer or upon the cancellation of the order due to reasons attributable to the Seller.
- The commission is charged by the Administrator of the Product fees due to the Seller, and in their absence the Seller is obliged to pay the fee.
- The seller has access to settlements, due to the sale in his Account in the SET UP tab.
- The Administrator shall pay the Seller due payments for the sold Product, as well as the fees for shipment of the Product, once a month, by the 10th day of each subsequent month, after deducting the sales commission due to him, calculated on the basis of § 8 of the Regulations.
- The payment referred to in paragraph 2 may be subject to adjustment for the return / complaint of Products for which the Seller has received remuneration.
- The payment due to the Seller is made on the bank account provided by the Seller in the COMPANY DATA tab in his account management panel.
- The Administrator reserves the right to withhold the payment to the Seller for the individual orders until the order is completed.
- For the commissions collected in a given month, the Administrator issues individual invoices to individual users. The administrator declares that he is a taxpayer of VAT registered under the NIP number: 677-240-00-33 and is entitled to issue VAT invoices.
- The seller agrees to receive invoices in electronic form.
- Users are not entitled to any remuneration other than those resulting from this paragraph.
§ 10 Personal data and confidentiality
1. GENERAL PROVISIONS
o The Seller’s personal data is collected:
– on the basis of the consent of the Sellers (Article 6 (1) (a) of the RODO).
– in order to enable the Sellers to conduct the sale transaction with and through the DEKO EKO website (Article 6 paragraph 1 letter b) of the GDPR);
– in order to send promotional offers and information in the form of a newsletter, if the Seller provides an email address and agrees to send correspondence electronically, the data will be used for (Article 6 paragraph 1 letter b) of the GDPR);
– in order to fulfill the legal obligation imposed on DEKO ECO (Article 6 (1) (c) of the GDPR), eg resulting from the Tax Ordinance Act or the Accounting Act;
– for purposes resulting from legitimate interests pursued by the Administrator (Article 6 (1) letter f) of the RODO, for example, claims against the Administrator of claims;
o In order to execute and handle orders, the Administrator provides the Buyer with the Seller’s personal data necessary for the proper implementation of the purchase process. The Seller’s personal data may also be made available to other entities, if it is necessary for the performance of the contract of sale, fulfillment of legal obligations by DEKO EKO or implementation of DEKO EKO entitlements, e.g. courier company, IT solutions provider, accounting office.
o Seller’s personal data will be processed until the Seller requests them to be removed or the account is deleted at DEKO EKO, unless it is necessary to keep some or all of the data for a longer, justified period to fulfill DEKO EKO’s obligations or to use DEKO EKO’s rights. time, in which case the data will be deleted immediately after the expiration of this period (eg as of the expiry of the warranty, guarantee or limitation periods for claims that expire in principle no later than 6 years after the conclusion of the contract of sale).
the Seller has the right to access to the content of personal data concerning him and to demand their rectification, removal or limitation of processing, as well as the right to object, demand the cessation of processing and the right to lodge a complaint to the supervisory body, which is the President of the Office for Personal Data Protection personal data violates the provisions of the EU RODO Regulation.
o Providing data by the Seller is voluntary, but necessary for concluding sales contracts through the DEKO EKO website or receiving a newsletter.
o With regard to the Seller’s personal data, decisions will not be taken in an automated manner.
o The Seller becomes the administrator of the data when the Buyer’s personal data becomes available to him.
o The Seller is obliged to process the personal data made available by the Administrator in connection with cooperation with the Administrator, in accordance with applicable law, including Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC and use it solely to fulfill orders and possible complaints. In particular, the Seller is obliged to comply with the disclosure obligations to Buyers referred to in Art. 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC.
o Before processing personal data, the Seller must take measures to secure personal data referred to in art. 32 RODO, in particular:
– taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing and the risk of violating the rights or freedoms of individuals with different probability of occurrence and threat weight, is obliged to apply technical and organizational measures to ensure protection of personal data processed to ensure security corresponding to this risk.
– ensure that every natural person acting under the authorization of the Seller who has access to personal data processes it exclusively on the Seller’s instructions for the purposes and scope provided for in the regulations not for the Buyers, the Seller ensures that persons having access to the personal data being processed keep them and security measures in confidence.
1. THE DATA SAFETY
The information provided by Users is processed and stored using appropriate security measures in accordance with the requirements of Polish law . DEKO EKO protects users’ data against unauthorized access, use or disclosure. The data is processed in a controlled environment, while maintaining high standards of protection. At the same time, we pay attention to the fact that Users do not share their registration data with third parties and use the „log out” option after using the services offered by our services. This document can not be the basis for any claims against the administrator of DEKO EKO, if such claims they will not result from the law in force in the Republic of Poland. o. DEKO ECO has links and redirects to other websites, the operator of DEKO EKO is not responsible for the privacy practices that apply to these websites.
- Final provisions
- The Administrator reserves the right to change the content of these Regulations by publishing a uniform content of the Regulations on the Website, which will be accompanied by email information sent to all Users having an Account on the Website.
- Failure by the Seller to terminate the contract (§ 11.3) means acceptance of the provisions of the new Regulations.
- The Seller may at any time terminate the contract with the Administrator (regarding a specific Account). The Agreement shall be terminated with immediate effect upon receipt by the Administrator of the statement electronically or in writing, with the reservation that the removal of the Seller’s Account at his request may not take place earlier than within 30 days from the date of the Seller’s last transaction on the Website.
- All disputes between the Administrator and Users will be settled amicably in the first place.
- The competent court for resolving disputes between the Administrator and the User is the Court competent for the Administrator’s office.
- In matters not covered by these Regulations, the provisions of the Civil Code shall apply.
- The Seller declares that he has read the Regulations of the DEKO EKO Store, available at www.dekoeko.pl and undertakes to comply with the provisions contained therein, in particular as regards the terms and rights of the Buyers specified in it.
- Creating an Account by the Seller means acceptance of the provisions of these Regulations.