Statute

The Desireoasis online store, available at the Internet address https://desireoasis.com/, is run by Volodymyr Misiiuk, who runs a business under the name of Volmiss , entered into the Central Register and Information on Economic Activity (CEIDG) run by the minister responsible for the economy, NIP 8971945109, REGON 540124818

These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

§2

Definitions

1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.

2. Seller - a natural person conducting business activity under the name of Volmiss, entered into the Central Register and Information on Business Activity (CEIDG) kept by the minister responsible for the economy, NIP 8971945109, REGON 540124818

3. Customer – any entity making purchases through the Store.

4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf and using the Store.

5. Shop - online shop run by the Seller at the Internet address https://desireoasis.com/

6. Distance contract - a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.

7. Regulations - these regulations of the Store.

8. Order - a declaration of will of the Customer submitted using the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.

9. Account - the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.

10.  Registration form – a form available in the Store enabling the creation of an Account.

11.  Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12.  Cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.

13.  Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

1. Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. Sales Agreement is also understood as - in relation to the features of the Product - a service agreement and a contract for specific work. 

§3

Contact with the Store 

1.    Seller's address: Lubińska 2/13

2.    Seller's email address: kontakt@desireoasis.com

3.    Seller's phone number: + 48 796 712 696

4.   Seller's bank account number 27109025160000000160174670

6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.

7. The Customer may communicate with the Seller by phone between 10:00 and 18:00.

§4

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

and. an end device with access to the Internet and a web browser such as Chrome, Mozilla, Opera, Microsoft Edge, etc. To ensure correct display of information on the target page and in search results, it may be necessary to disable safe search.

B  active e-mail account,

c.    cookies enabled,

d.    FlashPlayer installed.

§5

General information

1. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

3. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).

§6

Creating an Account in the Store

1.    To set up an Account in the Store, you must complete the Registration Form. The following data must be provided - email address.

2. Creating an Account in the Store is free.

3. Logging in to the Account is done by entering the login and password set in the Registration Form.

4. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3. 

§7

Rules for placing an order

To place an Order you must:

1.  log in to the Store (optional) ;

2. select the Product that is the subject of the Order and then click the "Add to cart" button (or equivalent) ;

3. log in or use the option to place an Order without registration;

4. if the option to place an Order without registration has been selected - fill out the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the details of the Order recipient,

5. click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,

6. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point

In case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after the entire order has been completed.

1. The beginning of the delivery period of the Product to the Customer is counted as follows:

and. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.

b. If the Customer chooses cash on delivery as the payment method – from the date of conclusion of the Sales Agreement,

7. In the event of ordering Products with different dates of readiness for collection, the Customer has the option of collecting the Products in parts (depending on their readiness for collection) or collecting all Products after the entire order has been completed.

8. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:

and. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.

b. If the Customer chooses cash on personal collection – from the date of conclusion of the Sales Agreement.

9. The Product is delivered only within Poland.

§10

Right of withdrawal

1. The consumer has the right to withdraw from the Sales Agreement within 14 days without giving any reason.

2. The 14-day period starts from the moment the Product is delivered to the Consumer or a person indicated by them other than the carrier. In the case of an Agreement covering multiple Products delivered separately, in batches or in parts, the period starts from the delivery of the last Product, batch or part. In the case of an Agreement for the regular delivery of Products for a specified period (e.g. subscription), the period starts from the delivery of the first Product.

3. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal in writing or electronically, sending it to the Seller's e-mail address or to the postal address indicated in § 3 of these Regulations. To meet the deadline, it is sufficient to send the declaration before it expires.

4. A sample withdrawal form may be provided electronically at the Consumer's request. Using this form is optional.

5. In the event of withdrawal from the Sales Agreement, the Seller shall return to the Consumer all payments received from him, including the costs of delivering the Product (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than within 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right to withdraw from the Agreement.

6. Refunds will be made using the same payment method that was used by the Consumer in the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer will not incur any fees as a result of this refund.

7. The Seller has the right to withhold reimbursement until receiving the Product back or until the Consumer provides proof of sending it back, depending on which event occurs first.

8. The Consumer should return the Product to the Seller's address immediately, but no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline is met if the Consumer returns the Product before the expiry of the 14-day period. The cost of returning the Product is borne by the Consumer.

9. The Consumer is liable for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

10. Exceptions to the right of withdrawal :

• The right to withdraw from the contract does not apply to the Consumer in relation to Contracts where the subject of the provision is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
• The right to withdraw from the contract does not apply to Products which, due to their nature, are inseparably connected with other items after delivery.

Complaint and warranty

1. The Sales Agreement covers new Products.

2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.

3. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.

4. Goods returned under the complaint procedure should be sent to the following address: ul. Brzezina 18, 44-177 Chudów, Silesian Voivodeship, Poland

5. If a warranty has been granted for the Product, information about it and its content will be included in the description of the Product in the Store.

§12

Extrajudicial methods of dealing with complaints and pursuing claims.

1. Detailed information on the possibility of the Consumer using out-of-court methods of complaint handling and claim settlement and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:

and. The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.

b. The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.

c. The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

§13

Personal data in the Online Store

1.   The administrator of Customers' personal data collected via the Online Store is the Seller.

2.   Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.

3.   The recipients of the personal data of Customers of the Online Store may be:

and. In the case of a Customer who uses the Online Store's delivery method by post or courier, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.

b. In the case of a Customer who uses electronic payment or payment card payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

4. The Customer has the right to access and correct his/her data.

5. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations and required to conclude the Sales Agreement will result in the inability to conclude said agreement.

§14

Final provisions

1. Agreements concluded via the Online Store are concluded in Polish.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.

4. The customer has the right to use out-of-court complaint and claim settlement methods. For this purpose, the customer may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .