TERMS AND CONDITIONS OF THE ONLINE STORE valid until 30.09.2024

TERMS AND CONDITIONS OF THE ONLINE STORE valid from 01.10.2024

DESEO Patisserie & Chocolaterie cares about consumer rights. A consumer cannot waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any inconsistency of the provisions of these Terms and Conditions with the above provisions, these provisions shall prevail and shall be applied.

I. GENERAL PROVISIONS

  1. The seller of the goods is: DESEO Polska sp. z o.o. with its registered office in Warsaw (02-676) at 3 Suwak Street, KRS 0000496979, NIP (VAT) (PL) 5213665401, REGON 147082610.
  2. At www.deseopatisserie.com/sklep, DESEO Polska sp. z o.o. conducts business activity in the field of retail sale of confectionery products of DESEO Patisserie & Chocolaterie, addressed to consumers and entrepreneurs.
  3. Contact with the DESEO Patisserie & Chocolaterie (www.deseopatisserie.com/sklep) Online Store is possible via: e-mail address: sklep@deseopatisserie.com
    phone: +48 882 843 373 from 9:00 a.m. to 5:00 p.m. (applies to working days).
  4. All prices of the presented goods are expressed in Polish zlotys and are gross prices (including VAT). The price shown next to the product at the time of placing the order by the Client is binding for the parties to the transaction. Prices do not include shipping costs.
  5. The information contained on the website and subpages of the DESEO Online Store does not constitute an offer within the meaning of the Civil Code. By placing an order using the mechanisms available on the website and subpages of the DESEO Online Store (www.deseopatisserie.com/sklep), the Customer submits an offer to purchase a specific product on the terms and conditions specified in the terms and conditions of the DESEO Online Store.
  6. All products offered by DESEO Polska sp. z o.o. (www.deseopatisserie.com/sklep ) are free from physical and legal defects and have been legally placed on the Polish market.
  7. For all goods sold by the DESEO (www.deseopatisserie.com/sklep) Online Store, DESEO Polska sp. z o.o. issues VAT invoices. If an invoice is issued to the Consumer, the Consumer will be obliged to provide the name, surname and address of residence. In the case of issuing an invoice to an entrepreneur, the Client will be obliged to provide the company’s name, registered office address and NIP (Tax Identification Number).
  8. A receipt or VAT invoice documenting the sale of the ordered Product or Products will be sent to the Client by electronic means. By accepting the Terms and Conditions, the Client agrees to conduct communication in electronic form, in the scope of sending invoices electronically.
  9. These Terms and Conditions define the rules for using the DESEO Online Store, placing orders for Products, paying the sale price of the Products by the Customer, collecting the Products by the Customer, the Customer’s rights to withdraw from the agreement and the rules for submitting and considering complaints, as well as the method of returning the Products.

II. DEFINITIONS

The terms used in these Terms and Conditions shall have the following meanings:

  1. E-BOOK – a Product available in the DESEO Online Store intended for sale in electronic form, as digital content, to be read on an appropriate electronic device;
  2. Consumer – a natural person concluding a legal transaction with an entrepreneur that is not directly related to his business or professional activity;
  3. Client – a natural person, a legal person or an organizational unit without legal personality, but with legal capacity, using the deseopatisserie.com/sklep online store, including in particular making purchases;
  4. Newsletter – an Electronic service provided by the Seller via e-mail, which enables all Service Recipients using it to automatically receive from the Seller the cyclical content of subsequent information about the Products and Services of the DESEO Online Store;
  5. Seller – DESEO Polska sp. z o.o. with its registered office in Warsaw (02-676) at 3 Suwak Street, KRS 0000496979, NIP (VAT) (PL) 5213665401, REGON 147082610.
  6. DESEO Online Store – DESEO online store run by the Seller at www.deseopatisserie.com/sklep;
  7. Terms and Conditions – these terms and conditions for the provision of services by the Seller by electronic means within the DESEO Online Store;
  8. Product – any item ordered from the Seller available in the DESEO Online Store – a movable item, service or right;
  9. Order – a declaration of will of the Client, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Products.

III. PLACING ORDERS

  1. The sale of goods takes place on the basis of orders placed via the Internet. Orders are accepted 7 days a week, 24 hours a day in the DESEO Online Store via the website: www.deseopatisserie.com/sklep.
  2. In order to place an Order in the Store, it is necessary to have a device with access to the Internet (computer or other device, e.g. smartphone, tablet) and a web browser (recommended browsers: Google Chrome, Mozilla Firefox). To place an Order in the Store, it is also required to have an active e-mail account.
  3. Browsing the Store’s assortment does not require registration.
  4. In order to place an Order, the Client may use the following methods:
    – by registering and creating an account in the Store (“Account”). Registration takes place by filling in a form in which the Client provides, in particular, their e-mail address and password, name and surname, telephone number, address and accepts the Terms and Conditions, Privacy Policy and Cookies Policy. After correct registration, the Client receives access to the Account, which can be used after entering the e-mail address provided during registration and password. Creating an Account and using it is free of charge.
    – by filling in the Order form, without registering or creating an Account. In such a case, the Client is obliged to provide, in particular, the name and surname, e-mail address, telephone number, address and acceptance of the Terms and Conditions, Privacy Policy and Cookies Policy.
  5. The data provided during registration and the password may be changed after logging in to the Client’s account in the “Your account”, “Your data” tabs. The Client is obliged to keep the password to their Account secret from third parties.
  6. The Client is responsible for the truthfulness and correctness of the data provided by him.
  7. In case of ceasing to use the Account by the Client, it is maintained for a period of 3 years from the moment of the last login. After this period, the Client’s Account is permanently deleted.
  8. The Client may delete their Account at any time by sending an e-mail with such a request to the Seller, to the following address: sklep@deseopatisserie.com.
  9. To place an order, the Customer adds the product to the cart using the button located in the product card: “Add to cart”, “Add to cart” / “Finalize shopping”, “View cart” / “Your cart”. This means that you no longer add products to your cart and go to the order summary. With the “Continue” button, the order summary is accepted and the personal data and collection data are accessed.
  10. The cart is accepted by clicking the “Finalize purchases” / “Continue” button, as a result of which the customer is redirected to the option of filling in the address data and selecting the delivery method.
  11. The next step is to choose the place of delivery (personal collection or delivery to the indicated address), the date of receipt of the order and the method of payment.
  12. Before placing an order, the Client is asked to check the correctness of the entire order, in particular contact details, and to accept these Terms and Conditions and the Privacy Policy.
  13. The Client then places an order (purchase offer) using the “Buy & Pay” button.
  14. The customer is redirected to the Tpay payment system.
  15. After paying for the order, an e-mail confirming the placement of the Order is sent to the e-mail address provided by the Client in the order, from the e-mail address sklep@deseopatisserie.com. The sales contract between the Seller and the Customer is considered to be concluded at the moment of receipt by the Customer of the confirmation of placing the Order. The order is not placed if the Client does not make the payment.
  16. If you have any problems with making a transfer, please contact us by e-mail at: sklep@deseopatisserie.com

IV. ORDER PROCESSING AND DELIVERY

  1. Placing an order is not tantamount to its acceptance for processing.
  2. The Seller has the right to refuse to process the order within 48 hours, e.g. due to the lack of a specific product or the inability to complete the order within the time specified by the Client. In the case of paid orders, the Seller undertakes to return the amount paid within 14 days from the date of informing the Client. The above provision does not apply to orders accepted for execution, i.e. those for which a sales contract has been concluded.
  3. The Seller reserves the right not to complete an order in which the Client has provided incomplete or false data.
  4. The customer can resign from the order before it is accepted for processing. The seller allows the possibility of canceling an order accepted for fulfillment only if the order is at a stage of fulfillment that allows its withdrawal.
  5. The standard order picking time is from 24 to 48 hours from the moment the funds are credited to the Seller’s account, the transaction is authorized in the case of electronic payments.
    The ordered goods can be picked up by the Client in person at one of the points of sale in Warsaw or other cities in Poland, indicated on the www.deseopatisserie.com/kontakt
  6. Due to the different working hours of the Seller’s points of sale and statutory holidays, it may be possible for the Customer to choose a given pick-up location, time, date or Product. Such information will be provided when you place your Order or certain choices will not be available. If the Product is not collected on the date of collection, i.e. at the time chosen by the Client when placing the Order (from the earliest time of collection to the closing time of the Seller’s point of sale), taking into account the quality policy applied by the Seller and due to the fact that the Product is a perishable product, the Product will be disposed of at the end of the day on which it was supposed to be collected.
  7. The ordered goods can be delivered to the address indicated by the customer.
    The cost of delivery is covered by the Buyer. Detailed delivery costs are listed in the “delivery and payment” tab.
  8. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    • By courier (not applicable to cakes, ice cream, cookies)
    • To InPost parcel lockers (does not apply to cakes, ice cream, cookies)
    • Transport dedicated to DESEO Warsaw and surroundings
      – Transport within Warsaw
      – Transport to the outskirts of Warsaw
    • Deliveries outside Warsaw are carried out by agreement expressed by e-mail and submitted in electronic form to the e-mail address: sklep@deseopatisserie.com. The cost of such delivery is each time individually determined and depends on the supplier’s current price list, weight and size of the product.
  1. The Seller will try to implement the comments provided by the Client in the “Comment” field as far as possible – they cannot be treated as services guaranteed by the Seller and do not condition the completion of the basic order placed by the Client.
  2. If the Client orders a cake with a dedication or a plate with a dedication, DESEO Polska sp. z o.o. does not bear any responsibility for the content contained therein. In special cases, DESEO Polska sp. z o.o. may refuse to execute an order with a dedication to the order attached to the order due to its content, of which the Client will be immediately informed.
  3. The customer ordering a cake with a photo or graphics will declare that they have full rights to use the photo they are sending and declare that the materials sent do not infringe the rights of third parties. Any claims arising as a result of the use of the sent photo will be charged to the Client.
  4. Standard products have manufacturer’s logos, graphic elements and other decorative elements that may not be visible in the sample photos. The colors shown in the photos may actually differ from the printouts or presentations on the computer monitor. Please make sure in detail that each element of the product meets your expectations – information about the products as well as the functioning of the DESEO Online Store can be obtained by phone at +48 882 843 373 or by e-mail at: sklep@deseopatisserie.com.
  5. Information on the composition of the Products and the list of allergens is available at the Seller’s stationary points of sale and on the DESEO Online Store Website. The Client should familiarize themselves with the composition of the Products and the list of allergens before placing an Order in the DESEO Online Store, but no later than before consuming the Product. The Seller is not responsible if the Client, including the Consumer, consumes Products to which he has a food allergy.

V. E-BOOKS AND THE RIGHT TO USE THE SELLER’S WORKS (LICENSE)

  1. This section of the Terms and Conditions applies to E-books, i.e. Products constituting a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (i.e. Journal of Laws of 2022, item 2509, as amended) and being the same subject of copyright protection and for which the Seller or other entities are entitled to economic copyrights.
  2. In matters not covered by this section, the remaining provisions of the Terms and Conditions shall apply.
  3. To place an Order for E-books, it is necessary to have an Account in the DESEO Online Store. The exception is the E-Books made available by the Seller free of charge, as part of the Newsletter electronic service.
  4. The E-books will be made available to the Client for download in the Account created by the Client earlier, in the E-books section, within 1 calendar day. In order to download the E-book, click on the “Download” button next to the E-book.
  5. E-books are available in PDF formats as well as ePub and MOBI, with each e-book in PDF format, and only selected ePub and/or MOBI formats If an e-book has both PDF and ePub and/or Mobi formats for a given publication, these formats are sold together (so-called multiformat).
  6. E-books are permanently protected with a watermark. Watermark protection applies to both the visual layer (visible information about the owner of the file) and the technical layer (a unique transaction identifier embedded in the file in a way that is invisible to the customer)
  7. The Client’s use of the Product constituting a work within the meaning of copyright law and thus being the subject of copyright protection is possible for the Client’s own use, to the extent specified in these Terms and Conditions and the provisions of copyright law.
  8. To the extent permitted by generally applicable regulations, including in particular copyright law and the regulation on fair use, the Client is not entitled to make the Product available to third parties.
  9. Upon payment, the Customer is granted a non-exclusive, non-transferable, non-transferable and without the right to sublicense (including the right to authorize other persons to use the content within the scope of the license granted) license to use the Product, including the right to use copyrights, without restrictions as to territory and time, in the following fields of use: (1) multiple downloads of the Product and its digital recording in computer memory; (2) permanently or temporarily reproduce the Product in whole or in part, by digital technology, to the extent that it is necessary to reproduce the Product in order to display, play or store it; (3) permanently or temporarily display, perform, or store the Product digitally. All rights other than the above, not expressly granted to the Client, are reserved by the Seller, in particular the Client is not entitled to (1) distribute the Product, including the rental of the Product or its copies; (2) sublicense the Product (including the right to authorize others to use the Product, and (3) market the Product, including lending or renting.
  10. The right to withdraw from a distance agreement in the case of a contract for the supply of digital content is vested in Consumers and Entrepreneurs-Consumers within 14 days, provided that they do not start using the product by agreeing to perform the service before the deadline for withdrawal from the agreement, by marking consents with information about the loss of the right to withdraw from the agreement and activating the product in the “E-books” section in the User Account and the Seller has provided the Customer with the confirmation of receipt of such consent from them.

VI. PAYMENT TERMS

  1. The prices of Products posted on the Store’s Website are binding for the parties to the sales agreement from the moment the Customer places the Order by clicking the “Buy and pay now” button.
  2. All Product prices posted on the Store’s Website are expressed in Polish zlotys and are gross prices, i.e. they include taxes, including value added tax (VAT). In the case of promotional prices – with a reduced selling price, the lowest price of the Promotional Product from the last 30 days is also visible on the Store’s Website. If the Product has been on sale for less than 30 days, the Seller provides information about the lowest price that has been in force since the Product went on sale.
  3. The Seller has the right to make changes to the Products and their prices posted on the Store’s Website, to introduce new Products for sale in accordance with applicable law. At the same time, the Seller reserves the right to introduce promotional campaigns addressed only to selected Customers or groups of Customers.
  4. The Customer is obliged to pay for the ordered Products. Payment can be made in the following form:
    – credit card,
    – payment card,
    – electronic transfer,
  5. In the case of the E-BOOK sales contract, it is necessary to pay in advance via electronic payments.
  6. Payment for the Order must be made in the full value of the placed Order. The confirmation of placing the Order is sent by the Seller to the Client after the Seller receives the confirmation of the correct payment by the Client from the payment operator.
  7. The payment terms are specified in detail by the payment operators.
  8. Electronic transactions are carried out via the Tpay payment system. Only Orders that have been confirmed by Tpay as paid or in the case of crediting the payment to the bank account of DESEO Polska sp. z o.o. are processed.

VII. WITHDRAWAL FROM THE CONTRACT AND REFUNDS

  1. Pursuant to Article 38(1)(3), (4), (5) and (13) of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer is not entitled to withdraw from the sales agreement in connection with the conclusion of an off-premises or distance agreement, in which the subject of the service is (i) a non-prefabricated item, manufactured according to the consumer’s specifications or used to meet his individual needs, (i) an item that deteriorates quickly or has a short shelf life, (iii) an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery, and (iv) digital content not delivered on a tangible medium, for which the consumer is obliged to pay the selling price (eBook).
  2. Therefore, the Customer placing an order in the DESEO Online Store does not have the right to withdraw from the concluded contract due to the rapid deterioration of the products offered in the Store, subject to paragraph 6 below.
  3. The Seller does not accept shipments and returns of goods against cash on delivery or cash on delivery.
  4. In special and justified cases, it is possible to cancel the order, provided that it has not yet been manufactured.
  5. The order should be checked by the customer and the point of sale employee / driver / courier company employee. For this purpose, the ordered product(s) should be inspected and presented and checked against the protocol of receipt and release of the goods.
  6. The Clients have the right to withdraw from a distance agreement in the case of a contract for the supply of digital content (EBook) within 14 days, provided that they do not start using the Product by agreeing to perform the service before the deadline for withdrawal from the agreement, by marking consents with information about the loss of the right to withdraw from the agreement and activating the product. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
  7. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer’s or Entrepreneur-Consumer’s statement on withdrawal from the agreement, return to the Consumer or the Entrepreneur-Consumer all payments made by them. The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur-Consumer, unless the Consumer or the Entrepreneur-Consumer has expressly agreed to another method of reimbursement which does not involve any costs for the Consumer.

VIII. COMPLAINTS

  1. Starting from 1 January 2023, in the event of non-compliance of the Product with the Agreement, the basis and scope of the Seller’s liability towards the Client who is a Consumer or an Entrepreneur-Consumer are based on the principles contained in Chapter 5a of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended).
  2. Before collecting the Order, the Client is obliged to check it at the point of sale in the presence of an employee of the point of sale or in the presence of the supplier (driver / courier company employee).
  3. If the Product is found to be out of conformity with the contract after its receipt or delivery, the Client may file a complaint at any point of sale, providing the Product and proof of its purchase. Thus, the Client may not accept the goods.
  4. The complaint will be considered by DESEO if it is submitted immediately after the non-conformity of the goods with the contract is found. It is recommended that the Client provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularities; (2) Customer’s requests; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
  1. The Customer, who exercises the rights under the warranty, is obliged to make available to the Seller the Product subject to repair or replacement. The Seller will collect the Product from the Customer at his own expense.
  2. The Customer, who exercises the rights under the warranty, is obliged to make available to the Seller the Product subject to repair or replacement. The Seller will collect the Product from the Customer at his own expense.
  3. The complaint will be considered within 14 days from the date of its submission by the Client. DESEO will inform the Client by e-mail or telephone about the manner in which the complaint will be handled.
  4. If the complaint is approved, the refund will be made in the form of:-
    refund via the Tpay system, in the case of Paymento S.A. credit cards; (or)
    – return by bank transfer to the Client’s account (in the case of payment by electronic transfer); (or)
    – a voucher for products from the DESEO Online Store. Each complaint is considered individually.
  1. If the Seller is obliged to return the payments made to the Client, the refund will be made immediately, no later than within 14 days from the date of the Seller’s obligation to make such a refund. The refund is made to the bank account through which the payment was made.
  2. If the identification of the bank account is impossible for reasons beyond the control of the Seller, the Seller will inform the Client about it by e-mail. The refund will be made to the bank account indicated by the Client.

IX. DISADVANTAGES OF THINGS

  1. The Seller undertakes to provide the Client with a product free of defects.
  2. If the Client finds a defect, he may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately and without excessive inconvenience for the Client replaces the defective item with a defect-free or defect-free item
  3. If the Client is a Consumer, he/she may:
    – instead of removing the defect proposed by the Seller, demand the replacement of the item with one free of defects (or),
    – instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Client is impossible or would require excessive costs compared to the method proposed by the Seller.
  4. When assessing the excessiveness of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, and the inconveniences to which the buyer would be exposed by a different method of satisfaction are also taken into account.
  5. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item remains to the value of the item without the defect.
  6. The customer cannot withdraw from the contract if the defect is insignificant.

X. AMICABLE SETTLEMENT OF THE DISPUTE

  1. Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the Client who is a Consumer 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, Provincial Inspectorates of Trade Inspection and at the following Internet addresses of the Office for Consumer Protection Competition and Consumers: www.uokik.gov.pl/spory_konsumenckie.php; www.uokik.gov.pl/sprawy_indywidualne.php and www.uokik.gov.pl/wazne_adresy.php.
  2. The Seller agrees to amicable settlement of any consumer disputes.
  3. The Seller indicates as the entity entitled to settle the dispute out of court: Provincial Inspectorate of Trade Inspection in Warsaw, 3 Sienkiewicza Street, 00-015 Warsaw, e-mail address: ih_warszawa@wiih.org.pl. More information about the above-mentioned entity: http://www.wiih.org.pl/.
  4. Out-of-court resolution of consumer disputes is to consist of:
  5. allowing the parties to reconcile their positions in order to resolve the dispute;
  6. presenting the parties with a proposal to resolve the dispute;
  7. resolving the dispute and imposing its resolution on the parties.
  8. If, as a result of the complaint filed by the Consumer, the dispute has not been resolved, the Seller provides the Consumer with a statement on paper or other durable medium about:
    – the intention to apply for the initiation of proceedings for the out-of-court resolution of consumer disputes or the consent to participate in such proceedings (or)
    ,- the refusal to participate in the proceedings for the out-of-court resolution of consumer disputes.

XI. PROVISION OF SERVICES BY ELECTRONIC MEANS

  1. The Seller declares that it is a service provider of services provided by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344). Therefore, the Terms and Conditions also constitute the terms and conditions for the provision of electronic services within the meaning of Article 8 of the above-mentioned Act.
  2. Through the Store’s Website, the Seller provides the Client with a service consisting in the possibility of placing an Order electronically or enabling the Client to create an Account.
  3. A Client who has started using the services covered by the Terms and Conditions or has agreed to comply with the Terms and Conditions is at the same time concluding a contract for the provision of services by electronic means.
  4. In order to use the Website, the Client should have a device with access to the Internet, with a standard operating system and a standard web browser.
  5. The Seller informs the Client that the use of the services covered by the Terms and Conditions may be associated with the standard risk associated with the use of the Internet and recommends the Client to take appropriate steps to minimize this risk (such as having up-to-date antivirus software).
  6. The Seller ensures the functioning of an ICT system enabling the use of the service provided by electronic means, which prevents unauthorized access to the content of the transmission creating this service, in particular ensuring unambiguous identification of the parties to the service provided by electronic means and with the use of cryptographic techniques appropriate to the characteristics of the service provided.
  7. In the event of the need for modernization or planned interruptions in the operation of the system or other similar situations, the Seller is entitled to notify the Customer about it via the e-mail provided by the Customer or on the Store’s Website.
  8. It is forbidden to provide illegal content, act in a manner that violates the law or in order to circumvent the law, as well as in violation of the principles of social coexistence or good practices by the Client. The Client is obliged to use the Store in a way that does not interfere with its functioning and is not burdensome for other Customers and the Seller.
  9. The Client may at any time resign from using the services provided electronically covered by the Terms and Conditions.
  10. Complaints about services provided by electronic means shall be subject to Section VII of the Terms and Conditions, with the proviso that the time limit for filing a complaint shall be counted from the moment of the occurrence of the event justifying the submission of the complaint.
  11. The Newsletter is used after providing the e-mail address to which the Newsletter is to be sent. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account – upon creating an Account, the Client is subscribed to the Newsletter. Each subscription to the Newsletter must be confirmed by clicking on the confirmation link sent to the provided e-mail address.
  12. Messages sent as part of the Newsletter will contain information about the possibility to unsubscribe from it, as well as a link to unsubscribe.
  13. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Client has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Seller, for example via e-mail to the following address: sklep@deseopatisserie.com or using the option referred to in paragraph 12.
  14. In the event of the Client’s resignation from the Newsletter and thus resignation from receiving additional digital materials on this account (including free E-book files), the regulations set out in sections VII-IX of the Terms and Conditions shall apply. After the Customer resigns from the Newsletter and thus withdraws from the contract for the supply of digital services, they are obliged to refrain from further use of the content received so far and make it available to third parties.

XII. PERSONAL DATA

  1. Acting on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), as well as informing that the personal data of our Clients are stored in the data set of DESEO Polska sp. z o.o. with its registered office at 3 Suwak Street, 02-676 in Warsaw.
  2. The processing of the obtained personal data is carried out in accordance with the currently applicable provisions of law on the protection of personal data (the Act of 10.05.2018 on the Protection of Personal Data; Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
  3. The administrator of personal data is DESEO Polska sp. z o.o. with its registered office in Warsaw at Suwak 3, 02-676 Warsaw, Poland, registered in the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, KRS 0000496979, NIP (VAT) (PL) 521-366-54-01, REGON 147082610.
  4. The entrusted personal data is used only for the purpose of performing the contract and, if the Customer agrees to it by ticking the appropriate box when placing an order, in order to inform about new products and promotions offered by DESEO Polska sp. z o.o.
  5. If you have given your consent in the online form of DESEO Polska sp. z o.o. to collect data for marketing purposes (including receiving the Newsletter or other free digital services), the personal data processed for this purpose will be used by DESEO Polska sp. z o.o. to maintain contact by means of regular and irregular communication through the use of telephone, e-mail and letter communication. Personal data collected and processed by DESEO Polska sp. z o.o. will be stored in a form that allows identification of the data subject for an indefinite period of time. The legal basis for this processing is your consent (Article 6(1)(a) GDPR). You are not obliged to give such consent to the use of the services of DESEO Polska sp. z o.o.
  6. In the case of personal data collected for the purpose of placing and fulfilling a commercial order, and therefore for the purpose of performing a contract related to the placed order, this personal data will be processed for the period necessary to process the order and for the period provided for by law for the purpose of your submission of any claims against DESEO Polska sp. z o.o. and/or DESEO Polska sp. z o.o. against you. The basis for such processing is the necessity of processing for the performance of the purchase agreement with DESEO Polska sp. z o.o., to which the data subject is a party (Article 6(1)(b) of the GDPR), as well as the protection of legitimate interests pursued by DESEO Polska sp. z o.o., i.e. for the purpose of handling complaints (legal basis for processing – Article 6(1)(b) of the GDPR, – the necessity of prevailing for the performance of the contract), and for the purpose of possible establishment, pursuit or defence of claims – the legal basis for the processing is the legitimate interest of DESEO Polska sp. z o.o. (Article 6(1)(f) of the GDPR) consisting in the protection of the rights of DESEO Polska sp. z o.o. Providing personal data for the purpose of placing and executing a commercial order is a contractual requirement, a condition for concluding a contract with DESEO Polska sp. z o.o., you are obliged to provide them in order to place and execute the order, and if you do not provide the required data, the order will not be accepted and processed by DESEO Polska sp. z o.o.
  7. In connection with the conducted business and the collected personal data of the Client, the Seller acts in accordance with the adopted Privacy Policy, available at https://deseopatisserie.com/sklep//polityka-prywatnosci/.
  8. The Seller running the DESEO Online Store uses the so-called cookies, in accordance with the provisions of the Cookies Policy, specified at www.deseopatisserie.com/sklep/cookies
  9. DESEO Polska sp. z o.o. takes care to maintain the security and confidentiality of your personal data and to guarantee the exercise of your rights, in accordance with the applicable regulations on the protection of personal data. By providing personal data to DESEO Polska sp. z o.o., each person has the right to:
    • request from DESEO Polska sp. z o.o. access to the personal data provided (including obtaining a copy of the data subject to processing, also in electronic form); rectify them (if the data held by DESEO Polska sp. z o.o. is inaccurate or incomplete), delete them (if the processing of personal data was based on your consent), e.g. if the data is no longer necessary for the purposes for which they were collected, and DESEO Polska sp. z o.o. has no grounds for their processing, e.g. on the basis of your consent or for the performance of a legal obligation, personal data is processed unlawfully) or to object to the processing (regarding the processing of your personal data within the framework of the legitimate interests of DESEO Polska sp. z o.o., for reasons related to your particular situation) and the right to restrict processing in the following cases (when submitting a request, please indicate one of the following cases):
      • if you have reservations as to the accuracy of your data – for a period enabling DESEO Polska sp. z o.o. to check the accuracy of this data;
      • if you believe that the processing is unlawful, but at the same time you do not want us to erase it, but you request the restriction of its use instead;
      • if we no longer need your personal data, but you need it in connection with the assertion, establishment or defence of your claims;
    • if you have objected to the processing of your data and it is our duty to check whether we should continue to process it, for the time necessary for such verification.
      withdraw consent at any time without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal, if the processing is based on the consent of the data subject;
    • lodge a complaint with the supervisory authority (the President of the Office for Personal Data Protection);
      You can exercise all the rights indicated above in accordance with Articles 15 to 21 of the GDPR.
  10. DESEO Polska sp. z o.o. is not responsible for any damage caused as a result of the Customer’s sharing of passwords, access to the provided e-mail account, logins and other non-public data provided for the purpose of order execution by third parties or if a third party has come into possession of this data unlawfully (theft of personal data, hacking into IT systems, hacking into e-mail accounts).
  11. Detailed provisions regarding the protection of personal data can be found on the www.deseopatisserie.com/sklep website under the Privacy Policy tab.

XIII. FINAL PROVISIONS

  1. In the event of a change in the Terms and Conditions, the Seller will inform the Customers about it by publishing the latest version of the Terms and Conditions on the Website and placing a message about the change in the Terms and Conditions on the Store’s Website. Changes to the Terms and Conditions come into force within 14 days, and the Clients placing an Order before the change comes into force are bound by the Terms and Conditions at the time of placing the Order.
  2. Clients who have an Account have the right to object to changes to the Terms and Conditions within 14 days of receiving information about the amendment. Such lack of consent to changes is tantamount to termination of the Terms and Conditions and resignation from using the Account by the Client. Submission of termination by the Client means the need for the Seller to delete the processed data of the Client, however, the Seller is entitled to store copies to the extent required by the law of the European Union or a Member State of the European Union. Such copies are treated in a strictly confidential manner, not available for any other purpose and are immediately deleted or handed over to the Client if the above-mentioned legal provisions no longer apply. Failure to submit a statement on termination of the Terms and Conditions within the above-mentioned period means acceptance of the amended Terms and Conditions, and at the first login the Client will be able to place an Order after accepting the new content of the Terms and Conditions.
  3. In matters not covered by the Terms and Conditions, the generally applicable provisions of Polish law shall apply, including in particular the provisions of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended) and the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws of 2022, item 1360, as amended).