Terms, conditions and privacy policy of the store

1. These are the terms and conditions of sale of the non-explosive demolition agent Dynacem through the online store available at https://dynacem.com (hereafter known as "the Website"). These terms and conditions detail the obligations of anyone using the store (hereafter known as "the Buyer") and the company managing the store (OTiK Sp. z o.o., hereafter known as "the Seller").

2. The store is managed by:	OTiK Sp. z o.o.
   	ul. Hutnicza 4
   	81-061 Gdynia
   	Poland
   	VAT: PL5840305402 REGON: 002831188
   	dynacem@dynacem.pl
   	tel.: +48 58 6230498
   	fax: +48 58 6230496

   
   OTiK Sp. z o.o. was registered in 1989, in Gdansk-North District Court VIII Commercial Department of the National Court Register under a number KRS 0000177586, share capital 105000 PLN, a member of ICRI - International Concrete Repair Institute.
3. Name and logo of the DYNACEM product are trademarks owned by OTiK Sp. z o. o. in Gdynia. The content of the Website is a legal property of OTiK Sp. z o.o., protected by law. Reproducing, copying, modifying, sharing over the internet and transmitting its content (or parts thereof) electronically, or physically in any way is forbidden without a written permission from OTiK Sp. z o. o. in Gdynia.
4. Dynacem properties and rules of safe handling/application are contained in Data Sheet and in Material Safety Data Sheet. Before the purchase Buyer is obliged to read the entire Product Data Sheet and familiarise themselves with the content of the Material Safety Data Sheet. Both data sheets should be downloaded from the Website, printed out, read and kept handy to be referred to while handling Dynacem on the job site.
5. The pricess offered, and listed under Buy Online tab of the Website, include courier (door to door) delivery to mainland country indicated under Buy Online tab of the Website. Surcharge may apply to listed postal codes.
6. Buyers based outside European Union pay the price without VAT and settle related taxes in their country. 
7. We accept the following payment methods:
   - payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
   
   - bank transfer,
   - PayPal.
   If it is necessary to return funds for a transaction made by the Buyer with a payment card, the Seller shall refund the funds to the bank account assigned to the Buyer's payment card.
8. Buyer places the order and pays by selecting the order size and value from the drop-down menu and entering the delivery and billing adress, selected payment details (card number etc.) and clicking BUY NOW.
   Payment confirmation and order details are sent to the Buyer via e-mail immediately after the payment is processed.
9. Courier delivery time, of 20 kg and 100 kg quantities, is 5 work days to standard area and 7-9 work days to remote area postal codes. Truck delivery time (of 1000 kg quantities) is 7-9 work days depending on postal code. Postal codes are listed under Buy Online tab of the Website.
   The delivery time is given starting from the date of crediting the Seller's bank account.
   Shipments are dispatched on Polish work days only.
   Orders placed and payed before 10:00 (CET/CEST) are handed over to a courier on the same day.
   The waybill containing the tracking number is sent via email so the Buyer can track the shipment online.
10. After making the purchase, the Buyer should be contactable by the carrier (courier or shipping company) and make him/herself available to receive the delivery at the location specified as the delivery address. Should the Buyer refuse or not be available to receive the delivery, it will be shipped back to our warehouse at the Buyer's expense.
11. Invoice is sent via e-mail.
12. All recommendations and guidelines regarding the use of our products included on the Website, in the Material Safety Data Sheet or Dynacem Data Sheet, or simply passed on to the Buyer verbally or in writing are based on our best knowledge and experience. These recommendations are not binding, do not form any legal, contractual or commercial agreement and we cannot guarantee they are complete or exhaustive. Pictures and other content provided to the Seller by the Buyer, that is not otherwise protected, may be published and used by the Seller, and its distributors, for training and marketing purposes free of charge. 
13. Before using Dynacem, the Buyer shall determine the suitability of the product for a given application at their own risk and full responsibility. The Seller is not responsible for any loss, injury and direct, or indirect damage resulting from using, or inability to use Dynacem. The Seller is not responsible for profit loss and resulting indirect consequences.

Complaints

1. The Seller guarantees that Dynacem shipped to the Buyer is defect-free. The Seller's obligation under this guarantee shall be limited to replacement of product that proves to be defective.
2. Whenever an order is placed by EU citizen and it is not related to the Buyer's commercial activity, then the Seller is responsible for the conformity of the product with the contract within the shelf life of the product, which is 12 months from the date of purchase.
3. Complaints should be submitted via e-mail or fax and confirmed with a letter sent to the adress given above. Complaint should be submitted immediately and no later than 7 days from noticing a defect or any premise indicating that a complaint can be filed. This is to enable the Seller to investigate the cause of the complaint. Non-compliance with the above complaint submission period entitles the Seller to reject the complaint for formal reasons.
4. The Seller will consider a complaint within 30 days from submission. Should a complaint be deemed valid, the Seller decides whether to provide a replacement product, or honor Buyer's demand to lower the price. Price reduction requested by the Buyer cannot exceed the value of the defective product and the magnitude of loss resulting from the defect.

Privacy Policy

1. Using online store requires processing of Buyer's personal data such as: name, VAT number, phone number, e-mail address, delivery address, billing address. The data processing performed by the Seller will only be limited to handling the transaction. Personal data will not be used for marketing purposes. The Seller protects personal data from sharing with unauthorised parties, any processing that is against the law and any modification, loss, damage, or deletion.
2. The entity providing online payment services is Autopay S.A. Details required for payment handling, including personal data, may be forwarded to Autopay S.A. Delivery adress and and phone number may be forwarded to the following parties:
   - UPS Polska Sp. z o.o. ul. Pradzynskiego 1/3, 01-222 Warszawa,
   - DPD Polska Sp. z o.o., ul. Mineralna 15, 02-274 Warszawa, 
   - Schenker Sp. z o.o., ul. J.K. Ordona 2a, 01-237 Warszawa, 
   - PayPal Polska Sp. z o.o., Al. Jerozolimskie 148, 02-326 Warszawa.
3. The Buyer can access and modify their personal data.
   The Buyer may choose not to disclose their personal data, however doing so may render them unable to use the online store.

Cookie Policy

1. By using the Website the Buyer consents to the Seller accessing cookies stored in the memory of the device used by the Buyer.
2. The Buyer can modify the internet browser settings and block the storage of cookies as well as remove the cookies saved up to date from the memory. These settings may, however, hinder or make it impossible to place an order or pay.

Product Returns and Order Cancellation

1. The Seller is 100% compliant with regulations on distance selling of the Consumer Rights Directive 2011/83/EU of the European Parliament and Council of October 25, 2011, and with Consumer Contracts Regulations 2013, which implement the EU Consumer Rights Directive in the UK.
2. Whenever an order is placed by EU citizen and it is not related to the Buyer's commercial activity, then:
   - The Buyer has a right to withdraw from the contract - to cancel the order without any penalty and without giving any reason. This right can be exercised by sending a cancellation notice by fax or by email to the Seller (contact details - see 2.) up to 14 days after order delivery,
   - The Buyer must return the order to the Seller within 14 days from cancellation and cover all return costs,
   - The product must be returned to the Seller in air-tight, unopened packaging, as once the package has been opened, Dynacem will absorb the moisture from the air and lose its potency,
   - The Seller refunds the Buyer with the order value (including costs of delivery to the Buyer) within 14 days of either the Seller receiving the product, or the Buyer providing evidence of shipping the product to the Buyer (e.g. proof of receipt from a post office), whichever comes sooner,
   - The Seller returns the money using the payment method initially chosen by the Buyer to pay for the order.
3. Arising disputes will be resolved by the relevant Polish court with jurisdiction over the Seller’s business.

Information Clause (GDPR)

1. • In view of the implementation of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and the free movement of this data (GDPR), we wish to let you know how we process your personal data. 
   • OTiK Sp. z o.o. located in Poland at ul. Hutnicza 4, 81-061 Gdynia is the Administrator of your personal data.
   • Your personal data is processed to fulfil your potential orders, for accounting and financial purposes, to establish an offer for the delivery of products and services, and for claims handling.
   • To fulfil the above, your personal data may be passed on to the intermediate entities fulfilling the contractual obligations of the data administrator, e.g. accounting service providers (accounting firms), IT service providers, law firms, public authorities in accordance with regulatory requirements.
   • It is optional for you to share your personal data with us, however we do require it to be able to fulfil the business tasks mentioned above.
   • Personal data will be stored for as long as required by regulations.
   • The Administrator of your personal data has no desire to transfer your data to another country or international organizations.
   • You have the right to access your personal data, amend it, delete it, limit its processing, transfer it, challenge it or to withdraw your consent to the processing of this data at any time. To withdraw your consent to the processing of your personal data, please contact OTIK Sp. z o.o. in Gdynia or send an email to: dynacem@dynacem.pl. You have the right to lodge a complaint with the Data Protection Authority - President of the Office for the Protection of Personal Data.

Gdynia, 20.05.2018