Purchase Terms and Conditions
1. Scope and Validity of the Terms
1.1. These general terms and conditions of use and purchase (here in after the “Terms”) in the Dakauf e-shop (here in after the “Seller”) shall apply to all persons (here in after the “Buyer/Customer”) who use the www.dakauf.eu e-shop (here in after the “E-shop”), order goods in it, including with the conclusion of a contract for the sale of goods in the e-shop (here in after the “Sales Contract”).
1.2. By accepting these Terms, the Buyer confirms that he/she has also read the terms of the Sales Contract, agrees with them and undertakes to comply with them.
2. Purchasing Goods and Placing Orders
2.1. Goods with the “Add to Cart” button in their descriptions can be purchased in the e-shop. The price of a particular item and its availability can be changed without notice. The price in force at the time of the order shall be paid.
2.2. The Seller is entitled to derogate from the Sales Contract concluded in the E-shop refusing to deliver the ordered goods or services if:
- The item is out of stock;
- The item has the “Out of stock” status in the E-shop;
- The item has incorrect price or technical characteristics in the E-shop due to a computer system malfunction.
2.3. The Buyer can increase and decrease the number of each item in the cart.
2.4. When placing an order, the Buyer shall choose the appropriate delivery method. The specification of the delivery method will be displayed on the checkout page. Make sure you have entered the correct data, otherwise the order may not be delivered on time or at all.
2.5. Familiarize yourself with the Purchase Terms and Conditions in the Dakauf E-shop and confirm your consent if necessary by ticking the box “I agree with the Purchase Terms and Conditions”.
2.6. To confirm an order, the Buyer shall have to pay for it by choosing an appropriate payment method. The current payment method can be changed at the last stage of order placement. The Customer/Buyer shall enter his/her data and, if desired, register as a regular Dakauf client as well.
2.7. The Sales Contract shall be deemed to have been concluded from the moment the payment for the order is received into the Dakauf LLC settlement account. If the Buyer fails to pay for his/her order placed, the Seller will not execute such an order.
3. Payment for Purchases
3.1. The following payment methods are available in the Dakauf e-shop:
- Via electronic banking service provided by Montonio
- Via electronic banking service provided by Paysera
- Via lending service provided by Montonio (Montonio Financing and Montonio Split)
- Via PayPal
- Via direct bank transfer (PDF invoice is sent to customer’s email)
After the payment has been made, the e-shop will send you an order confirmation and invoice.
Please note that if you pay using PayPal or Montonio Split method, a handling fee may be added to the purchase amount.
3.2. All personal data obtained by Dakauf when the Customer visits the E-shop and makes purchases in it shall be considered confidential information. An encrypted data exchange channel with each Internet bank guarantees the security of the Buyer’s personal data and bank details.
4. Delivery and Handing of Goods
4.1. The goods shall be delivered to the delivery address specified in the order.
4.2. The Buyer shall be notified of the upcoming delivery through the contact details specified in the order.
4.3. Delivery of the goods ordered shall be carried out in accordance with the delivery conditions in force at the time of placing the order.
4.4. When placing an order, the Buyer shall make sure that the specified contact details are correct to avoid delays and misunderstandings when delivering. Dakauf LLC and the courier company are not responsible for delays and misunderstandings in delivery, if such a delay or misunderstanding is due to inaccurate or incorrect data entered by the Buyer when placing the order.
4.5. The goods shall be handed over only personally to the Buyer on the basis of a consignment note and upon submission of a document proving the identity of the Customer.
4.7. If the packaging is broken, the Buyer shall be entitled to refuse to accept the goods and/or immediately inform us about it at firstname.lastname@example.org.
4.8. The Seller shall be entitled to authorize third parties to deliver goods (including hiring the courier services).
4.9. If the Buyer does not pick up the goods within 14 (fourteen) days from the agreed delivery date, this will be considered a breach of the Sales Contract by the Buyer and his/her rejection of the goods. The Seller shall have the right to withdraw from the Sales Contract unilaterally and to claim compensation from the Buyer (for example, expenses for the storage of goods) with the deduction of the amount of loss incurred by the Seller from the amount paid in advance by the Buyer.
5. Return and Refund Policy
5.1 The Buyer shall have the right, without giving reasons, to withdraw from the Sales Contract concluded in the E-shop within 14 days and return the goods.
5.2. The withdrawal period shall end after 14 days from the date of the conclusion of the Sales Contract or the day when the Buyer physically received the item in his/her possession.
5.3. To exercise the right of withdrawal, the Buyer shall notify the Seller of his/her decision to return the goods in a written statement that can be sent by e-mail: email@example.com.
5.4 The right of withdrawal shall not be exercised, if:
- The Customer has received the product in a sealed package that is not subject to return for health or hygiene reasons and which has been opened after delivery (e.g. headphones, epilators, shavers, etc.).
- The product is audio/video recording or software in a sealed package. It is also not possible to return SIM cards and starter kits, as well as time cards, if the packaging is opened after delivery.
5.5. Upon withdrawal from the Sales Contract, Dakauf LLC shall immediately return to the Customer all payments received from the latter one under the contract.
5.6. Dakauf LLC shall not refund additional costs spent on the delivery mode chosen by the Customer.
5.7. Dakauf LLC shall make these chargebacks using the same method of payment that the Buyer used when making the payment.
5.8. The return of such payments shall not be accompanied by a service fee or other expenses for the Customer, for example, bank commissions.
5.9. The Buyer shall be obliged to return the item purchased to Dakauf LLC without delay, but not later than 14 (fourteen) days from the date on which he/she informed Dakauf LLC of the return.
5.10. The goods may be returned to the courier, to the Dakauf representative office or by other means.
5.11. Dakauf LLC shall have the right to refuse to make chargebacks until the receipt of the contracted goods in due condition corresponding to the Return Policies.
5.12. The contracted goods shall be returned to Dakauf LLC in their original packaging pursuant to the Return Policies:
- Packaging may be neatly opened but not damaged.
- The goods must not be used, i.e., there must be no visual or technical evidence of use (e.g. torn packaging, protective film removed, scratches, and photos).
5.13. If the goods are returned to the Seller:
- with traces of use
- with mechanical or visual damage
- in damaged packaging (roughly opened, with torn tape, torn bags, removed films)
- with missing accessories and components
The Seller shall have the right to recover compensation for goods returned in an inappropriate condition. This compensation may amount to 30% of the value of the goods.
Each case of the return of goods shall be considered individually.
5.14. If the item is duly returned, the full amount of the purchase shall be returned to the Buyer.
5.15. If the Buyer wants to avoid a reduction in the amount of compensation for the return of the goods, then he/she shall have to use and test the goods in the same way as it can be done in a regular shop and the goods must be returned in their original packaging and original complete set (i.e. must include all components originally in the package, as well as gifts related to the Sales Contract).
5.16. If the Buyer uses the goods longer than necessary to test their properties and functionality or does not return the goods in the original packaging and original complete set, then the Buyer shall be responsible for the reduction in the amount of compensation for the return of the goods.
In case of deterioration in the quality of the goods to be returned, the Buyer shall be responsible for the return compensation arising from the use of the goods.
5.17. In order to verify the characteristics of the product, its properties and functionality, the Buyer shall use it exclusively in the manner normally permitted in a regular shop.
5.18. Dakauf LLC shall have the right to make claims against the Buyer in connection for a reduction in the value of the goods no later than within one month from the date of return of the goods.
5.19. The direct costs of returning the goods shall be borne by the Buyer.
5.20. If the Buyer does not agree with the reduction of value proposed by the Seller, he/she shall have the right to contact an independent expert to determine the exact amount of reduction. The costs of the independent expert shall be borne by the party whose position has been unsubstantiated.
6. Order Cancellation
6.1. The Buyer may cancel the order after paying for it but before receiving it without incurring any additional costs.
6.2. To cancel an order, the Buyer shall send an application together with the order number to firstname.lastname@example.org. The Seller shall reply with an order cancellation confirmation.
7. Liability and Dispute Resolution
7.1. The Buyer shall be entitled to claim against the Seller for goods that do not conform to the contractual terms (are defective) within 1 (one) year of the receipt of the goods.
7.2. Upon detecting the lack of conformity of the goods with the contractual terms and conditions, the Buyer shall have the right to claim the repair or replacement of the goods, or to withdraw from the Sales Contract and return the non-conforming goods.
7.3. Dakauf LLC shall not be liable for:
- deterioration/damage of the goods due to the Buyer’s fault;
- defects resulting from inappropriate use of the goods;
- normal physical wear and tear of the goods as a result of their intended use;
7.4. All goods of the Dakauf e-shop are guaranteed under EU law.
7.5. In order to solve any future problems, the Buyer shall retain the purchase documents evidencing the purchase of the product in the Dakauf e-shop.
7.6. In the absence of proof of purchase, the Seller or other servicer may refuse to solve the problem.
7.7. If there is a problem with the goods purchased in the e-shop, please contact us at email@example.com.
7.8. Along with filing a claim, the defective goods must be demonstrated, e.g. a video or photo must be sent.
7.9. If the goods need to be sent for diagnosis/examination in order to determine the nature and cause of the defect, the Seller and the Buyer will enter into an agreement on maintenance and repair of the goods.
7.10. The Seller shall guarantee that the goods offered in the e-shop will comply with the current standards of the European Union. The circumstances listed in the relevant standards shall not be regarded as defects of the goods.
7.11. For dispute resolution, the Buyer may turn to independent experts from the Consumer Protection Board or the Consumer Disputes Committee. The jurisdiction of the Consumer Disputes Committee shall include settlement of disputes arising from contracts concluded between the Buyer and the Seller, which the parties have not been able to resolve by agreement.
8. Other Conditions
8.1. Product images are for illustrative purposes only.
8.2. Product prices and availability are subject to change without notice. In this case, Dakauf LLC shall reserve the right to withdraw from the sale and refund the Buyer to its current account within a reasonable period of time.
8.3. Goods information is regularly checked and updated. The data may have been updated since your last visit. The Dakauf e-shop may contain inaccurate product information taken from the technical data sheets provided by the manufacturer. In such cases, the Dakauf e-shop shall not be liable for the accuracy of the product information. In case of crucial technical data issues, we recommend to the extent possible to clarify the technical specifications of the product from the manufacturer before purchasing it.