Terms and conditions

DRAMIŃSKI ONLINE STORE TERMS AND CONDITIONS

These Terms and Conditions set out the rules for using the DRAMIŃSKI Online Store, the provision of Electronic Services and the conclusion of Sales Agreements.

General Provisions
Definitions
Type and Scope of Electronic Services
Conditions for the Provision of and Entry into Agreements for Electronic Services
Conditions for Concluding Sales Agreements
Payment Methods
Delivery Costs, Times and Methods
Conditions for Terminating Agreements for Electronic Services
Product Guarantee
Complaints Procedure
Right of Withdrawal
Intellectual Property
Provisions Applicable to Entrepreneurs B2B
Entrepreneurs Entitled to Consumer Protection
Final Provisions

1. General Provisions

The Online Store operating at www.draminski.com is operated by DRAMIŃSKI S.A., with its registered office in Sząbruk at ul. Wiktora Steffena 21, 11-036 Sząbruk, Poland, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number 0000429112, NIP 7393855706, REGON 281418440, with share capital of PLN 5,000,000, paid up in full, email address: biuro@draminski.com, telephone number: +48 89 675 26 00.
The Store operates at the address specified in item 1 of this section and in accordance with these Terms and Conditions.
These Terms and Conditions set out the rules for using the Store, the provision of Electronic Services and the conclusion of Sales Agreements for Products delivered to Member States of the European Union other than the Republic of Poland, which are identified in the Store as Delivery Countries. These Terms and Conditions apply to Clients who are either Consumers or Entrepreneurs, subject to the separate provisions applicable to each category of Client.
Upon taking any steps to use the Store’s Electronic Services, each Service User shall comply with these Terms and Conditions.
Before placing an Order, the Client may review, download and save these Terms and Conditions. Placing an Order requires the Client to confirm that they have read and accepted these Terms and Conditions.
The Store sells Products to the Delivery Countries indicated in the Store. A Client may order only a Product marked in the Store as available for the selected Delivery Country. The range of Products, their configurations, available accessories, Prices and delivery methods may differ depending on the Delivery Country, in particular because of the legal, technical, language, logistics, servicing, warehousing or production requirements applicable to a given market.
Before an Order is placed, the Seller makes available on the Product page the information required by law to identify the Product, the details of its manufacturer and, if the manufacturer is not established in the European Union, the details of the person responsible for the Product in the European Union, as well as the required warnings, safety information and material restrictions on the use of the Product.
If a Product constitutes goods with digital elements, before an Order is placed the Seller makes available the required information concerning its functionality, compatibility, interoperability and updates.
Matters not governed by these Terms and Conditions shall be governed by the applicable provisions of Polish law and directly applicable provisions of European Union law.
The language in which the Sales Agreement is concluded is indicated in the Store for the relevant Delivery Country. The Order summary, Order Acceptance Confirmation, Terms and Conditions and information concerning withdrawal from the Agreement are provided to the Client in the language in which the Sales Agreement is concluded.

2. Definitions

BUSINESS DAY – any day from Monday to Friday, excluding public holidays in Poland.
CONTACT FORM – the form made available in the Store that enables a message to be sent to the Service Provider.
REGISTRATION FORM – the form made available in the Store that enables an Account to be created.
ORDER FORM – the form made available in the Store that enables an Order to be placed.
CONSUMER – a natural person who enters into a legal transaction with an entrepreneur that is not directly connected with that person’s business or professional activity.
ENTREPRENEUR – a natural person, a legal person or an organisational unit without legal personality upon which the law confers legal capacity, conducting business or professional activity in its own name.
CLIENT – a Service User who intends to enter into or has entered into a Sales Agreement with the Seller.
ACCOUNT – a collection of resources in the Service Provider’s ICT system, identified by an individual name (login) and password, in which the Service User’s data, including information about Orders placed, are stored.
TERMS AND CONDITIONS – these Terms and Conditions of the Store.
STORE – the Service Provider’s Online Store operating at the website address …
SELLER, SERVICE PROVIDER – DRAMIŃSKI S.A., KRS: 0000429112, NIP: 739 385 57 06, REGON: 281418440, ul. Wiktora Steffena 21, 11-036 Sząbruk.
PRODUCT – a movable item offered for sale in the Store, including a device, accessory, spare part or other goods. Paid servicing may be subject to separate terms.
SALES AGREEMENT – an agreement for the sale of a Product concluded between the Client and the Seller in accordance with these Terms and Conditions.
SERVICE USER – a natural person, a legal person or an organisational unit without legal personality upon which the law confers legal capacity, using an Electronic Service.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User through the website.
ORDER – the Client’s declaration submitted through the Store, constituting an offer to enter into a Sales Agreement on the terms presented to the Client in the Order summary.
NEWSLETTER – an Electronic Service that enables the Service User to subscribe to and receive, at the email address provided by the Service User, free information from the Service Provider concerning Products available in the Store.
PRICE – the amount payable to the Seller for a Product. The Price presented to a Consumer is the gross Price and includes VAT at the rate applicable to the transaction. The Price may not include the delivery cost, which is indicated separately before the Order is placed.
DELIVERY COUNTRY – the country designated by the Client as the country to which the Product is to be delivered.
ORDER ACCEPTANCE CONFIRMATION – a message sent by the Seller to the Client’s email address containing an unequivocal declaration that the Order has been accepted for fulfilment and resulting in the conclusion of the Sales Agreement.
SERVICE REQUEST – a form available in the Store that enables a request concerning a Product, warranty, complaint or paid servicing to be sent to the Seller. Submission of a Service Request does not in itself result in the conclusion of a paid servicing agreement.
REVIEW – an assessment of a Product posted by a Client using a function available in the Store, comprising a rating, written content and, if this function is available, a photograph of the Product.

3. Type and Scope of Electronic Services

Through the Store, the Service Provider enables the use of Electronic Services such as:
1. concluding Sales Agreements for Products;
2. maintaining an Account in the Store;
3. the Newsletter;
4. the AI Sales Assistant;
5. the Service Request;
6. the Contact Form;
7. adding and publishing Product Reviews, including photographs of Products.
Electronic Services are provided to Service Users in the Store on the terms set out in these Terms and Conditions.

4. Conditions for the Provision of and Entry into Agreements for Electronic Services

The Electronic Services specified in section 3(A) of these Terms and Conditions are provided free of charge.
Term for which an agreement is concluded:
1. an agreement for the Electronic Service consisting in maintaining an Account in the login area is concluded for an indefinite term;
2. an agreement for the Electronic Service consisting in enabling an Order to be placed through the Store is concluded for a fixed term and terminates when the Order is placed or when the Service User discontinues placing it;
3. an agreement for the Electronic Service consisting in the use of the Newsletter is concluded for an indefinite term;
4. an agreement for the Electronic Service consisting in the use of the AI Sales Assistant is concluded for a fixed term and terminates when the Service User ceases to use this Service;
5. an agreement for the Electronic Service consisting in enabling a message to be sent to the Service Provider through the Contact Form is concluded for a fixed term and terminates when the message is sent or when the Service User discontinues sending it;
6. an agreement for the Electronic Service consisting in enabling a Service Request to be submitted is concluded for a fixed term and terminates when the Service Request is submitted or when the Service User discontinues completing it;
7. an agreement for the Electronic Service consisting in enabling a Review to be added is concluded for a fixed term and terminates when the Review is submitted or when the Service User discontinues adding it. The rules for verifying, publishing, moderating and removing Reviews are set out in part H of this section.
Technical requirements necessary to work with the ICT system used by the Service Provider:
- a computer, tablet or telephone with Internet access;
- access to email;
- a web browser;
- JavaScript and cookies necessary for the Store to function properly must be enabled; refusal to consent to cookies that are not necessary does not prevent the use of the Store’s basic functions.
The Service User shall use the Store’s website in a manner consistent with the law and good practice, with due respect for the personal rights and intellectual property rights of third parties.
The Service User shall provide accurate data.
In particular, the Client shall provide a true and current email address at which the Order can be confirmed.
The Service User is prohibited from providing unlawful content.
Product Reviews
1. The Service Provider enables Clients to post Reviews concerning Products purchased in the Store.
2. A Review may be added using a technical solution that enables it to be linked to the Order for the reviewed Product, in particular through an individual link sent to the email address used when placing the Order or through an Account linked to that Order.
3. A Review is marked as a “Verified Purchase” only if the Store system confirms that it is linked to the Order for the reviewed Product. The author’s provision of the Order number or statement that they used the Product is not sufficient for this designation.
4. If the Store publishes Reviews originating from another service, an earlier version of the Store or another source, the source of the Review and information about the method used to verify it are clearly indicated. Such a Review is not marked as a “Verified Purchase” if the Service Provider cannot confirm that it is linked to a specific Order.
5. Submission of a Review does not guarantee its publication. Before publication, the Service Provider may check the Review for compliance with these Terms and Conditions and applicable law.
6. The Service Provider applies the same verification and moderation rules to positive and negative Reviews. A negative Product rating, criticism of a Product or a Client’s dissatisfaction does not in itself constitute grounds for refusing to publish or for removing a Review.
7. The Service Provider may refuse to publish a Review, suspend its publication or remove it if:
  1. its content is unlawful;
  2. it does not concern the reviewed Product or experiences connected with its purchase or use;
  3. it was added using false data, automatically, repeatedly or as part of an activity intended artificially to increase or decrease the Product’s rating;
  4. it contains offensive or vulgar content, hate speech, threats, pornographic content or content contrary to good practice;
  5. it contains advertising, a commercial offer, spam, a link unrelated to the Review or contact details used to solicit customers;
  6. it infringes copyright, trademark rights, personal rights, trade secrets or other third-party rights;
  7. it contains personal data, confidential information, an Order number, telephone number, email address, residential address or other data whose public disclosure is not necessary;
  8. an attached photograph depicts a third party without a basis for publishing that person’s image or contains documents, registration plates, shipping labels or other elements disclosing personal data;
  9. the author makes the publication or removal of the Review conditional upon obtaining an unjustified benefit;
  10. the Review is manifestly unrelated to the author’s actual experience or was posted as part of an organised activity intended to manipulate the Product’s rating.
8. The Service Provider does not alter the substantive meaning of a Review. Before publication, however, it may:
  1. correct only obvious technical errors or formatting;
  2. remove or anonymise personal data and confidential information;
  3. change the size, format, resolution or crop of a photograph, or blur data appearing in it, provided that this does not alter the essential meaning of the photograph;
  4. translate the Review into the language of another version of the Store while preserving its meaning.
9. The following may be published with a Review: the author’s first name or nickname, rating, content of the Review, date of posting, photograph and designation concerning the verification method. The author’s email address, Order number and other contact details are not made public.
10. If the author received a discount, a Product for testing, remuneration or another benefit in connection with posting the Review, information about this circumstance is clearly displayed with the Review. The granting of a benefit may not be conditional upon the author giving a positive rating or upon specific Review content.
11. Objections concerning a refusal to publish or the removal of a Review may be submitted to: biuro@draminski.com. The submission should enable the Review to be identified and indicate why, in the submitter’s opinion, the Service Provider’s decision was incorrect.
12. The Service Provider may suspend or discontinue the Review function, in particular for technical, organisational or legal reasons. Discontinuing the function does not affect Sales Agreements already concluded or Clients’ rights concerning Products.
13. Any person may report a Review or other content posted in the Store that they consider unlawful to: biuro@draminski.com. The report should identify the content concerned, its location in the Store and the reasons why the reporting person considers it unlawful.
If the Service Provider refuses to publish a Review, removes it or restricts access to it, the Service Provider informs the author of the Review, if it has the author’s contact details, of the main reasons for the decision, the basis under these Terms and Conditions or the law, and the possibility of submitting objections in accordance with item 11.

The AI Sales Assistant is an automated system that uses artificial intelligence. No later than when the interaction begins, the Service User is clearly informed that they are conversing with an artificial intelligence system. Information provided by the AI Sales Assistant is for assistance only and does not constitute an offer, an Order Acceptance Confirmation, a warranty assurance or individual advice concerning safety, diagnosis, treatment or the professional use of a Product. In the event of any discrepancy, priority is given to the information provided to the Client before the Agreement was concluded, the Order summary, the Order Acceptance Confirmation, the documentation supplied with the Product and the version of these Terms and Conditions applicable to the relevant Order.

5. Conditions for Concluding Sales Agreements

Information about Products posted in the Store, including descriptions, Prices and availability information, constitutes an invitation to enter into an agreement and does not constitute an offer by the Seller within the meaning of the Civil Code. By placing an Order, the Client makes the Seller an offer to enter into a Sales Agreement on the terms presented in the Order summary.
Product Prices are stated in EUR. For Consumers, the prices presented in the Store are gross prices and include VAT at the rate applicable to the relevant transaction, unless tax legislation provides otherwise. The total amount payable, including the Product price, delivery cost and information about the applicable VAT rate or method of taxation, is presented to the Client in the Order summary before the Order is placed.
DRAMIŃSKI S.A. reserves the right to add new Products to its range and to conduct promotional campaigns.
The Price presented to the Client in the Order summary immediately before the Order is placed is binding for that Order. After the Sales Agreement has been concluded, the Price may not be changed unilaterally by the Seller. If an obvious error concerning the Price, VAT rate, delivery cost or another element affecting the amount due is identified before the Sales Agreement is concluded, the Seller may refuse to accept the Order in accordance with item 10(8)(h) of this section.
The Seller clearly informs Clients about unit Prices and Product promotions and Price reductions. Alongside information about a reduction in the Price of a Product, the Seller displays the lowest Price of that Product that applied during the 30 days preceding the reduction. If the Product has been offered for sale for less than 30 days, the Seller displays the lowest Price of the Product that applied from the date the Product was first offered for sale until the date the reduction was introduced.
Products covered by a promotion may be available in limited quantities. Orders for such Products are verified in the order in which they are received. If the number of available Products is insufficient, the Seller may refuse to accept the Order in accordance with item 10(8)(a).
The Store may allow an Order to be placed without registering an Account.
Orders may be placed through the Order Form available in the Store, subject to technical interruptions, maintenance, system updates and failures.
Orders are processed and verified from Monday to Friday, excluding public holidays in Poland.
Conclusion of the Sales Agreement
1. To purchase a Product, the Client places an Order using the Order Form and the function labelled “Order with an obligation to pay”.
2. Before placing the Order, the Client receives a summary that includes at least:
  1. the name, quantity and selected configuration of the Product;
  2. the total Price payable for the Products and, for a Consumer, the total gross Price;
  3. the applicable VAT rate or information about the method of taxation;
  4. the delivery cost;
  5. the total amount payable;
  6. the payment method;
  7. the delivery method;
  8. the maximum delivery date or maximum delivery period;
  9. for a Consumer, information about the direct cost of returning the Product in the event of withdrawal from the Agreement, including the estimated maximum return cost if the Product cannot normally be returned by post.
  Placing the Order constitutes an offer by the Client to enter into a Sales Agreement with the Seller.
3. After an Order is placed, the Seller immediately sends the Client an automatic message confirming receipt of the Order. This message is provided solely for information and technical purposes and does not constitute acceptance of the Order for fulfilment or conclusion of the Sales Agreement.
4. The making, receipt or confirmation of payment by the payment operator, bank or Seller does not constitute acceptance of the Order or conclusion of the Sales Agreement.
5. Until the Client receives the Order Acceptance Confirmation, the Client may withdraw the Order by sending the Seller an unequivocal declaration. If the declaration reaches the Seller before the Order is accepted, the Client’s offer ceases to be binding, the Sales Agreement is not concluded and any payment received is refunded in accordance with sub-item 11.
6. After receiving the Order and confirmation of payment, the Seller verifies:
  1. the availability of the Product and selected configuration;
  2. the correctness of the Price, VAT rate and delivery cost;
  3. the possibility of selling and delivering the Product to the selected Delivery Country and specified address;
  4. the completeness and correctness of the data provided by the Client;
  5. compliance with the legal, technical and language requirements concerning the sale of the Product in the selected Delivery Country;
  6. whether payment was processed correctly;
  7. the absence of legal restrictions concerning the recipient, end user or intended use of the Product.
7. The Sales Agreement is concluded when the Client receives the Order Acceptance Confirmation. The Order Acceptance Confirmation contains unequivocal information that the Order has been accepted for fulfilment and that the Sales Agreement has been concluded.
8. The Seller may refuse to accept an Order if:
  1. despite the system functioning correctly, the Product or selected configuration has become unavailable, in particular because several Clients placed Orders at the same time or because warehouse or production inventory changed after the most recent data update;
  2. the number of Products available is lower than the number included in the Order;
  3. the Product is not offered, or cannot lawfully be sold or delivered, in the selected Delivery Country;
  4. delivery to the specified address is not possible;
  5. the Client provided incomplete, incorrect or inconsistent data that prevent the Order from being fulfilled correctly;
  6. the Client’s tax status or the method of taxation of the transaction cannot be determined correctly;
  7. the payment operator refused to process the payment, withdrew its authorisation, or there is a reasonable suspicion of unauthorised or fraudulent use of the payment instrument;
  8. there is an obvious error concerning the Price, VAT rate, delivery cost, description, quantity, configuration or availability of the Product that the Client could reasonably have recognised as an error;
  9. the Order violates clearly stated promotional terms or restrictions on the number of Products that one Client may purchase;
  10. after the Order was placed, as a result of an event that occurred after the most recent data update or could not have been detected despite due care, production was suspended, the Product was withdrawn or a key component suddenly became unavailable, making fulfilment of the Order impossible;
  11. acceptance or fulfilment of the Order would result in a breach of sanctions, trade-control or export-restriction legislation, or other mandatorily applicable provisions of law.
9. The Seller sends the Client an Order Acceptance Confirmation or notice that the Order has been refused without delay, no later than within 3 Business Days after receiving the Order and confirmation of payment.
10. If the Seller does not send the Order Acceptance Confirmation within the period specified in sub-item 9, the Client’s offer expires and the Sales Agreement is not concluded.
11. If the Client withdraws the Order, the Seller refuses to accept the Order or the Client’s offer expires, the Seller immediately initiates a refund of the full payment received using the same payment method used by the Client, unless the Client has agreed to another method that does not entail any costs for the Client. The time at which the refunded amount is actually credited may depend on the payment operator or the Client’s bank.
12. The Seller may not accept only part of an Order without the Client’s express consent. If some Products are unavailable, the Seller may propose that the Client amend the Order. In the absence of express acceptance of the proposal, no Sales Agreement is concluded on the amended terms.
13. If the Seller proposes a change to the Product, configuration, Price, delivery cost or delivery date, the Sales Agreement on the amended terms is concluded only after the Client expressly accepts the change.
After the Sales Agreement has been concluded, the Seller provides the Consumer, on a durable medium, with confirmation of its conclusion containing the information required by applicable law, except for information that was provided to the Consumer on a durable medium before the Agreement was concluded.
The Seller issues a sales document in accordance with applicable tax legislation. An invoice may be issued and delivered electronically to the Client’s email address or through the system applicable under the legislation in force, including the National e-Invoicing System, if it applies to the relevant transaction.

Irregularities in the operation of the Order Form, in particular the incorrect calculation of the Price, Order value or delivery cost, may be reported in accordance with the rules for complaints concerning Electronic Services set out in section 10(2) of these Terms and Conditions.

6. Payment Methods

Payment for Orders covered by these Terms and Conditions is made in EUR through PayU or Stripe. The payment instruments available to the relevant Client are presented when the Order is placed.
The Client makes payment directly when placing the Order.
Receipt or confirmation of payment does not constitute acceptance of the Order for fulfilment or conclusion of the Sales Agreement.
If the Order is accepted for fulfilment, the payment received is credited towards the Price and delivery cost.
If the Client withdraws the Order, the Seller refuses to accept the Order or the Client’s offer expires, the payment is refunded in accordance with section 5, item 10, sub-item 11 of these Terms and Conditions.
The Seller is not required to commence production, picking or shipment of the Product before accepting the Order for fulfilment and receiving the full payment required.
If payment is not successfully made or confirmed within the period indicated to the Client when the Order is placed, the Order is not subject to further verification, the Client’s offer expires and the Sales Agreement is not concluded.

If the Client’s bank account or payment instrument is denominated in a currency other than EUR, currency conversion and any fees are applied by the payment service provider or the Client’s bank. The Seller does not determine the exchange rate used or the amount of such fees.

7. Delivery Costs, Times and Methods

Products are delivered to the Delivery Countries and areas indicated in the Store.
The available delivery method, its cost and the maximum delivery date or maximum delivery period are presented to the Client in the Order summary before the Order is placed. The delivery date means the date on which the Product is handed over to the Client, not merely the date on which the Seller dispatches the shipment, unless expressly agreed otherwise in an Agreement concluded with an Entrepreneur. After accepting the Order for fulfilment, the Seller may provide the Client with a more precise estimated delivery date. This date may not be later than the maximum delivery date or maximum delivery period presented to the Client before the Order was placed, unless the Client expressly accepts the change.
The delivery cost may depend in particular on the Delivery Country, exact address, number, type, dimensions and weight of the Products, the selected delivery method, and the need to use non-standard or palletised shipping or additional insurance.
The delivery period begins on the day following the day on which all of the following have occurred:
1. the Sales Agreement has been concluded;
2. the Seller has received the full payment required;
3. the Seller has received the complete and correct data, documents, information and approvals indicated to the Client before the Order was placed as necessary for its fulfilment; if the need to supplement the data results from their incompleteness, incorrectness or inconsistency, the period begins after the Client has properly supplemented them at the Seller’s request.
If the Client delays in providing data, documents, information or approvals necessary to perform the Agreement, the delivery date is postponed accordingly and any resulting delay does not constitute delay by the Seller.
If the Agreement covers several Products with different fulfilment times, the Products may be delivered together within the period applicable to the Product with the longest fulfilment time or in parts. Partial delivery does not result in additional costs for a Consumer unless it was made at the Consumer’s express request.
Products are delivered by a carrier selected from the delivery methods available in the Store.
For a Consumer, the risk of accidental loss of or damage to the Product passes to the Consumer when the Product is handed over to the Consumer or to a third party designated by the Consumer other than the carrier. If the Consumer independently selected a carrier not offered by the Seller, the risk passes to the Consumer when the Product is handed over to that carrier.
If visible damage to a shipment is found, it is recommended that a damage report be drawn up with the carrier and photographic documentation be prepared. The absence of a damage report does not result in a Consumer losing any rights under applicable law.
If, after the Agreement has been concluded, it becomes apparent that delivery by the agreed method or within the agreed period is not possible, the Seller immediately informs the Client and may propose another delivery method or date. Any change to the delivery cost or date requires the Consumer’s express consent. In the absence of consent, the rights arising under applicable law apply.
The Seller is not liable for delay to the extent that it was caused by an event beyond its reasonable control which it could not have foreseen or avoided despite exercising due care, in particular a natural disaster, war, border closure, sanctions, critical infrastructure failure, general strike, extraordinary transport disruption or extraordinary supply-chain disruption. The Seller immediately informs the Client of the event and its anticipated effect on performance of the Agreement. This provision does not limit a Consumer’s mandatory statutory rights.
The Client shall provide a correct and complete delivery address and ensure that the Product can be received. If delivery is unsuccessful for reasons attributable to the Client, in particular because the Client provided an incorrect address, was absent despite an agreed delivery date or unjustifiably refused to accept delivery, the Seller may charge the Client reasonable and documented additional costs of redelivery or return of the shipment, after informing the Client of their amount. This provision does not limit a Consumer’s mandatory statutory rights.
A change of delivery address after the Sales Agreement has been concluded requires confirmation by the Seller. If the change is possible, it may result in a change to the delivery date or cost. Charging a Consumer an additional cost requires the Consumer’s express acceptance.

8. Conditions for Terminating Agreements for Electronic Services

Termination of an agreement for an Electronic Service:
1. An agreement for a continuous Electronic Service concluded for an indefinite term may be terminated, in particular an agreement concerning the maintenance of an Account.
2. The Service User may terminate the agreement with immediate effect and without stating reasons by sending an appropriate declaration by email to: biuro@draminski.com.
3. The Service Provider may terminate an agreement for a continuous Electronic Service concluded for an indefinite term if the Service User breaches these Terms and Conditions, in particular by providing unlawful content, after an earlier request to cease the breach within an appropriate time limit has proved ineffective. In such a case, the agreement expires 7 days after the declaration of termination is made (the notice period).
4. Termination ends the legal relationship with effect for the future.
The Service Provider may temporarily block access to the Account or a particular Electronic Service if this is necessary because of the security of the Account or Store, a reasonable suspicion of unauthorised access or fraud, or a breach of law. The block is applied to the extent and for the period necessary to clarify the matter. If possible and if this does not endanger security, the Service Provider informs the Service User of the reason for the block. The block does not affect Sales Agreements concluded before it was applied.
The Service Provider and the Service User may terminate an agreement for an Electronic Service at any time by mutual agreement.
The Service User may unsubscribe from the Newsletter at any time by using the unsubscribe link included in every Newsletter message or by sending a declaration to biuro@draminski.com. Unsubscribing is free of charge and takes effect for the future.

9. Product Guarantee

A Product may be covered by a voluntary commercial guarantee provided by DRAMIŃSKI S.A. or another guarantor.
If a Product is covered by a commercial guarantee, information about its existence and basic terms, in particular its duration, territory, scope and method of performance, is made available to the Consumer before the Sales Agreement is concluded. The commercial guarantee statement is provided to the Consumer on a durable medium no later than upon delivery of the Product if such an obligation arises under the law.
The commercial guarantee is independent of the Seller’s statutory liability for the Product’s lack of conformity with the Agreement. The commercial guarantee does not exclude, restrict or suspend the Consumer’s rights under applicable law.
Products are sent for servicing at the DRAMIŃSKI S.A. facility in Sząbruk unless the Seller or warranty document indicates another method or place of servicing.
Product transport costs:
1. in the case of a justified Consumer complaint concerning the Product’s lack of conformity with the Agreement, are borne by the Seller to the extent required by applicable law;
2. in the case of a commercial guarantee, are borne in accordance with the terms of the commercial guarantee;
3. in the case of paid servicing, are borne by the Client in accordance with the accepted terms of the servicing.

10. Complaints Procedure

1. Complaints Concerning a Product’s Lack of Conformity with the Agreement

The Seller is liable to the Consumer for a Product’s lack of conformity with the Agreement on the terms and for the period arising under mandatorily applicable provisions of law.
A complaint may be submitted:
1. by email to: serwis@draminski.com;
2. in writing to: DRAMIŃSKI S.A., ul. Wiktora Steffena 21, 11-036 Sząbruk, Poland;
3. through the complaint form available in the Store, if such a form has been made available.
It is recommended that the complaint include the Order number, contact details, a description of the irregularity, the date on which it was identified and the Client’s demand. The absence of this information does not automatically result in the complaint being rejected if its subject matter can be determined.
If a Product does not conform to the Agreement, the Consumer may demand repair or replacement of the Product.
The Seller may replace the Product when the Consumer demands repair, or repair the Product when the Consumer demands replacement, if the method selected by the Consumer is impossible or would involve excessive costs. If both repair and replacement are impossible or would involve excessive costs, the Seller may refuse to bring the Product into conformity with the Agreement. When assessing whether costs are excessive, account is taken in particular of the significance of the lack of conformity, the value of a Product conforming to the Agreement and the inconvenience to the Consumer resulting from changing the method of bringing the Product into conformity with the Agreement.
Repair or replacement takes place within a reasonable time after the Seller is informed of the Product’s lack of conformity with the Agreement and without excessive inconvenience to the Consumer, taking account of the type of Product and the purpose for which it was purchased.
The Consumer makes the Product available to the Seller. The method of collection or transport of the Product is agreed with the Seller. If the Product’s weight, dimensions, manner of installation or nature would make returning it independently excessively difficult, the Seller arranges its collection or agrees on a method of inspection.
The Seller bears the reasonable costs of bringing the Product into conformity with the Agreement, including the costs of collection, shipment, transport, labour and materials. If the Seller offered an appropriate and free method of collection or transport, the Seller is not required to reimburse the additional costs of a more expensive method of transport selected unilaterally by the Consumer, unless its use was necessary in the circumstances or mandatorily applicable provisions provide otherwise.
If the Product was installed before the lack of conformity with the Agreement became apparent, repair or replacement also includes removal of the non-conforming Product and installation of the repaired or conforming Product, or the Seller’s bearing the reasonable costs of those activities, to the extent arising under mandatorily applicable provisions of law.
The Seller responds to a complaint on a durable medium without delay, no later than within 14 days of its receipt, unless mandatorily applicable provisions of law provide for a shorter period or a more far-reaching consequence of a failure to respond.
The Consumer may demand a reduction in the Price or withdraw from the Agreement in the cases arising under applicable law. The Consumer may not withdraw from the Agreement if the Product’s lack of conformity with the Agreement is immaterial; however, the lack of conformity is presumed to be material.
If the Price is effectively reduced, the Seller refunds the amount due to the Consumer without delay, no later than within 14 days after receiving the Consumer’s declaration concerning the Price reduction.
If the Consumer effectively withdraws from the Agreement because of the Product’s lack of conformity with the Agreement, the Consumer returns the Product at the Seller’s expense and the Seller refunds the Price without delay, no later than within 14 days after receiving the Product or evidence that it has been sent back.
The absence of the original packaging may not in itself constitute grounds for refusing to accept or examine a complaint. The Client should, however, protect the Product appropriately for transport.

Rights arising from a Product’s lack of conformity with the Agreement are independent of rights under a warranty.

2. Complaints Concerning Electronic Services

A Service User may submit complaints connected with the provision of Electronic Services through the Store by email to: serwis@draminski.com.
The above email should provide as much information and as many circumstances concerning the subject matter of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will materially facilitate and expedite the Service Provider’s examination of the complaint.
A complaint from a Service User who is a Consumer is examined without delay, no later than within the period arising under applicable law. A complaint from any other Service User is examined without undue delay, taking account of the nature and complexity of the submission.
The Service Provider’s response concerning the complaint is sent to the Service User’s email address provided in the complaint or by another method indicated by the Service User.

11. Right of Withdrawal

The provisions of this section apply to Consumers and persons entitled to consumer protection to the extent set out in section 14 of these Terms and Conditions.

A Consumer may withdraw from an Agreement concluded at a distance, without stating reasons, within 14 days, subject to the exceptions arising under mandatorily applicable provisions of law. If the provisions applicable to the Consumer provide for a longer period, that longer period applies.
The withdrawal period begins:
1. for an Agreement concerning one Product, on the day on which the Consumer or a third party designated by the Consumer other than the carrier takes possession of the Product;
2. for an Agreement covering multiple Products delivered separately, in batches or in parts, on the day on which the Consumer takes possession of the last Product, batch or part;
3. in other cases, in accordance with applicable law.
A declaration of withdrawal may be submitted:
1. by email to: serwis@draminski.com;
2. in writing to: DRAMIŃSKI S.A., ul. Wiktora Steffena 21, 11-036 Sząbruk, Poland;
3. using the “Withdraw from the agreement here” function or an equivalent unequivocal function available in the Store during the period in which the Consumer has the right to withdraw from the Agreement;
4. using the model withdrawal form attached to these Terms and Conditions.
Use of the model form is not mandatory.
If the declaration was submitted using an online function made available in the Store, the Seller immediately sends the Consumer, on a durable medium, confirmation of receipt of the declaration containing its content and the date of submission.
The Consumer should return the Product to: DRAMIŃSKI S.A., ul. Wiktora Steffena 21, 11-036 Sząbruk, Poland, or hand it over to a person authorised by the Seller to receive it, without delay and no later than within 14 days after withdrawing from the Agreement, unless the Seller has offered to collect the Product. The deadline is met if the Product is sent back before it expires.
The Consumer bears the direct cost of returning the Product in connection with withdrawal from the Agreement, provided that the Consumer was informed of this before placing the Order.
If, by its nature, the Product cannot normally be returned by post, the estimated maximum cost of returning it is indicated to the Consumer before the Order is placed, in particular on the Product page or in the Order summary.
The Seller refunds all payments received from the Consumer concerning the Agreement, including the cost of the least expensive ordinary delivery method offered by the Seller, without delay and no later than within 14 days after receiving the declaration of withdrawal.
If the Consumer selected a delivery method more expensive than the least expensive ordinary delivery method offered by the Seller, the Seller is not required to refund the additional costs.
If the Seller has not offered to collect the Product, the Seller may withhold the refund until the Product has been received back or the Consumer has supplied evidence of having sent it back, whichever occurs first.
The refund is made using the same payment method used by the Consumer, unless the Consumer agreed to another method that does not entail any additional costs for the Consumer.
The Consumer is liable only for the actual reduction in the value of the Product resulting from use beyond what is necessary to establish its nature, characteristics and functioning. If the amount refunded is reduced, the Seller provides the Consumer with the basis for and method of calculating the reduction in value.
The absence of the original packaging does not result in the loss of the right of withdrawal. The Consumer should, however, package the Product in a manner appropriate to its type, value and method of transport.
The right of withdrawal does not apply in the cases specified by mandatorily applicable provisions of law, in particular in relation to a non-prefabricated Product manufactured to the Consumer’s specifications or intended to meet the Consumer’s individual needs.
A Product referred to in item 15 may in particular be a non-prefabricated Product that does not exist as a finished, standard item at the time the Order is placed and is manufactured after the Order is placed on the basis of the Consumer’s individual choice or decision, in particular according to individually selected parameters, components, equipment or a combination of them that determines the Product’s final specification. However, the mere selection of a ready-made standard stock version, standard colour, standard equipment or standard accessory does not automatically determine that the right of withdrawal is excluded.
Information that there is no right of withdrawal in relation to a specific Product is provided to the Consumer clearly before the Order is placed, in particular on the Product page and in the Order summary.
The exclusion of the right of withdrawal concerning a Product manufactured to the Consumer’s specifications may also apply if production of the Product has not yet begun when the Consumer submits the declaration of withdrawal.
Missing equipment, accessories, cables, documentation or other components supplied with the Product may be taken into account when determining the actual reduction in the Product’s value.
The provisions of this section concerning withdrawal from the Agreement do not apply to the return of a Product under a justified complaint concerning the Product’s lack of conformity with the Agreement.

12. Intellectual Property

Content available in the Store, in particular photographs, Product descriptions, graphic materials, videos, designations, trademarks, documentation and databases, is legally protected and is owned by the Seller or third parties from whom the Seller has obtained the appropriate rights.
The Service User may use the Store’s content only to the extent necessary to use the Store, review the Offer and conclude a Sales Agreement, and within the limits permitted by applicable law.
Without the prior consent of the entitled party, it is prohibited to copy, distribute, publish, modify, extract data from or use all or a substantial part of the Store’s content for commercial purposes, except in cases permitted by law.
These Terms and Conditions do not transfer to the Service User any intellectual property rights in the Store’s content.
By posting a Review, the Service User declares that:
1. the Review reflects the Service User’s actual experience concerning the reviewed Product;
2. the Service User is entitled to use the content and photographs included in the Review;
3. publication of the Review does not infringe copyright, personal rights, trade secrets or other third-party rights;
4. the Service User has obtained the required consent to publish the image of any person visible in a photograph, or the photograph does not depict any person whose image requires such consent.
Upon submitting a Review, the Service User grants the Service Provider a royalty-free, non-exclusive licence to use the content of the Review and the photographs attached to it for the period during which they are published in the Store and, with respect to the storage of archived and backup copies, for the period necessary to demonstrate the Service Provider’s compliance with the law, pursue claims or defend against claims, throughout the world, in the following fields of exploitation:
1. recording and storage in IT systems;
2. digital reproduction;
3. making available to the public in the Store and in its national and language versions;
4. displaying with the reviewed Product, on Product lists and in other parts of the Store presenting that Product;
5. making technical changes necessary for publication, in particular changing the size, format, resolution, crop or compression of a photograph;
6. translating the content of the Review into the languages in which the Store operates, provided that its essential meaning is preserved;
7. storing archived and backup copies after publication of the Review has ended, solely to the extent necessary to demonstrate the Service Provider’s compliance with the law, defend against claims or pursue claims.
The licence referred to in item 6 also includes authorisation for entities providing technical, hosting, IT and translation services to the Service Provider to use the Review solely to the extent necessary to operate the Store.
The licence is non-exclusive, which means that the Service User retains the right to use the Review and photographs and to grant rights to other persons.
The Service User authorises the Service Provider to exercise, and to authorise the entities referred to in item 7 to exercise, derivative rights in translations of the Review, solely within the scope and for the purpose specified in this section.
The Service User is liable for the content posted in accordance with applicable law. If a credible report concerning an infringement of a third party’s rights is received, the Service Provider may temporarily suspend publication of the Review until the matter is clarified.

13. Provisions Applicable to Entrepreneurs B2B

The provisions of this section apply only to Entrepreneurs who are not Consumers or persons entitled to consumer protection under section 14 of these Terms and Conditions.
Before a Sales Agreement is concluded, the Seller may refuse to accept an Order placed by an Entrepreneur without stating reasons. If the Seller has received payment, it is refunded in accordance with section 5, item 10, sub-item 11 of these Terms and Conditions.
Before a Sales Agreement is concluded, the Seller may restrict the available payment methods, make acceptance of the Order conditional upon full or partial prepayment and request additional data or documents necessary to assess whether the Order can be fulfilled.
The Seller may withdraw, in whole or with respect to the unperformed part, from a Sales Agreement concluded with an Entrepreneur if, after its conclusion:
1. a legal prohibition on performing the transaction becomes apparent, or sanctions or trade-control legislation applies;
2. production or delivery of the Product becomes impossible despite the Seller exercising due care;
3. it becomes apparent that the Entrepreneur provided materially false or incomplete data;
4. the Entrepreneur fails to perform an obligation to make payment, provide documents or cooperate despite being granted an appropriate additional period.
The Seller exercises the right of withdrawal within 14 Business Days after becoming aware of the reason for withdrawal. In such a case, the Seller refunds the payment received for the unperformed part of the Agreement.
If the Entrepreneur delays in making payment, providing documents or otherwise providing the required cooperation, the Seller may suspend performance of the unperformed part of the Agreement until the Entrepreneur performs the obligation. Any resulting postponement of the deadline does not constitute delay by the Seller.
The benefits and burdens connected with the Product and the risk of its accidental loss or damage pass to the Entrepreneur when the Product is handed over to the carrier, unless the Order Acceptance Confirmation or an Incoterms 2020 rule agreed by the Parties provides otherwise.
The Entrepreneur shall inspect the shipment at the time and in the manner customary for shipments of that type. If the Entrepreneur identifies a shortage or damage arising during carriage, the Entrepreneur should take the steps necessary to establish the carrier’s liability, in particular draw up a damage report and secure documentation.
The Entrepreneur is not entitled to return a Product that was delivered correctly unless the Seller has given prior consent to the return in documentary form and specified its terms.
Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability to the Entrepreneur under the statutory warranty for defects is excluded. The exclusion does not apply in the event of fraudulent concealment of a defect or to a person entitled to consumer protection under mandatorily applicable provisions of law.
Subject to loss caused intentionally, personal injury, product liability to the extent that it cannot be limited, and other cases in which a limitation of liability is not permitted, the Seller’s total liability to the Entrepreneur in connection with one Order does not exceed the net Price of the Products covered by that Order.
Subject to the exceptions specified in item 10, the Seller is not liable for loss of profit, interruption of business, loss of production or indirect loss connected with non-performance or improper performance of the Agreement.
If an event beyond the Seller’s reasonable control occurs, the period for performance of the Agreement is extended by the duration of the impediment and the time reasonably required to resume performance. If the impediment lasts for more than 60 days, the Seller may withdraw from the unperformed part of the Agreement and refund the payment received for that part.

The Service Provider may terminate an Entrepreneur’s agreement for an Electronic Service with immediate effect by sending a declaration on a durable medium. Termination does not affect Sales Agreements concluded before it takes effect.

14. Entrepreneurs Entitled to Consumer Protection

The provisions of these Terms and Conditions concerning a Consumer also apply to a natural person who enters into an Agreement directly connected with that person’s business or professional activity if it follows from the content of the Agreement that the Agreement is not of a professional nature for that person, to the extent provided for by the applicable provisions of law.
The provisions concerning a Consumer also apply to other persons conducting business or professional activity to the extent that the mandatorily applicable law governing the Agreement grants them protection analogous to consumer protection.

The provisions of section 13 do not apply to the persons referred to in items 1 and 2 to the extent that they would restrict the protection to which those persons are entitled by law.

15. Final Provisions

These Terms and Conditions and Agreements concluded through the Store are governed by Polish law.
The choice of Polish law does not deprive a Consumer of the protection granted by mandatorily applicable provisions of the law of the country in which the Consumer is habitually resident if those provisions grant protection that cannot be excluded by agreement.
If any provision of these Terms and Conditions proves invalid or ineffective, this does not affect the validity of the remaining provisions. The applicable provisions of law apply in place of the invalid or ineffective provision.
Disputes between the Seller and a Consumer are resolved by the court having jurisdiction in accordance with mandatorily applicable provisions of law.
Disputes between the Seller and an Entrepreneur are resolved by the court having jurisdiction over the Seller’s registered office unless mandatorily applicable provisions of law provide otherwise.
A Consumer may use out-of-court complaint and redress procedures available under the law of the Consumer’s country of residence or Polish law. Information about available out-of-court dispute-resolution entities is made available by the competent national authorities and the European Commission.
The Seller may amend these Terms and Conditions for a valid reason, in particular in the event of:
1. a change in the law or in the manner in which it is interpreted;
2. a change in payment or delivery methods;
3. a change in the Store’s functionality;
4. the introduction of new Electronic Services or a change to existing Electronic Services;
5. the need to correct obvious errors, provided that this does not result in a deterioration of the Service User’s position, or to clarify provisions as required by a change in the law, a final judgment or a decision of a competent authority.
An amendment to these Terms and Conditions does not affect Sales Agreements concluded before the amendment enters into force.
The Service User is informed, on a durable medium, of an amendment to these Terms and Conditions concerning Electronic Services provided on a continuous basis sufficiently in advance to allow the Service User to review the amendment before it enters into force if the amendment affects the Service User’s rights or obligations. The Service User has the right to terminate the agreement to the extent arising under applicable law or the content of the agreement concluded.
The current version of these Terms and Conditions is available in the Store in a form that enables it to be downloaded, saved and reproduced.
With respect to Sales Agreements concluded with Entrepreneurs, the application of the United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, is excluded.
Information about the accessibility of the E-Commerce Service, containing a description of the service offered and provided, the information necessary to use it and information about how accessibility requirements are met, is available at:

These Terms and Conditions take effect on …

Appendix 1 Model Withdrawal Form

Addressee:
DRAMIŃSKI S.A.
ul. Wiktora Steffena 21
11-036 Sząbruk, Poland
email: serwis@draminski.com

I/We hereby give notice that I/we withdraw from the Sales Agreement for the following Product/Products:
……………………………………………………………………..

Order number:
……………………………………………………………………..

Invoice number (optional):
……………………………………………………………………..

Date of conclusion of the Agreement/date of receipt of the Product:
……………………………………………………………………..

Consumer’s full name:
……………………………………………………………………..

Consumer’s address:
……………………………………………………………………..

Consumer’s signature – only if this form is submitted on paper:
……………………………………………………………………..

Date:
……………………………………………………………………..