The Service available at https://defelt.com/ is operated by DeFelt sp. z o.o. with its registered office in Wrocław, entered into the register of entrepreneurs maintained by the Regional Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 0001102704, NIP: 8943235100.
The Service is operated as an online store. The Service offers the sale of Products in the form of finished or customized felt products in Defelt-Felt segment.
Additionally, the Service Provider provides design services of, including but not limited to, furniture, acoustic panels, lighting fixtures, suspended ceilings, loudspeakers, elements improving acoustics and soundproofing elements, toys, acoustic walls, accessories for animals, industrial packaging, containers, packaging, cases made of PET felt and artistic gadgets, as well as the sale of Products on individual orders.
The Regulations apply to agreements concluded via the Website with all persons and entities, regardless of whether the agreement was concluded within the framework of their business activity or whether they acted as consumers, unless it results from the content of specific provisions of the Regulations that they apply only to one group of Customers.
The Regulations are available on the website at: https://defelt.com/. The User may at any time read the content of the Regulations, copy and save the content of the Regulations using the IT system he/she uses, and also print the content of the Regulations directly from the website.
In all matters related to the Service, in particular those related to sales, services, complaints, reporting illegal content, you can contact the Seller via: a. correspondence address: ul. Rakietowa 35, 54-615 Wrocław b. e-mail address: claim@defelt.com
II. DEFINITIONS
Customer or User – a natural person, legal person or organizational unit without legal personality, who uses the Service;
Account – an individual account for each registered Customer within the Service. The Account is available to the Customer after logging in by using their e-mail address and individual password, assigned by the Customer during account registration, or another one set later by the Customer after changing the password to the Account;
Consumer – User who is a consumer within the meaning of Art. 22[1] of the Civil Code (Polish law), including an entrepreneur with consumer rights, i.e. a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity or within the meaning of the relevant provisions of the country of their residence;
Service or Website – https://defelt.com/ website, through which the Seller offers Services and Products to Users under the terms and conditions specified in these Regulations;
Product – a product in Defelt-Felt segment offered for purchase through the Service;
Entrepreneur – a User who is an entrepreneur within the meaning of art. 43[1] of the Civil Code (Polish law);
Regulations – these regulations of the Service;
Sales Agreement or Agreement – a sales agreement concluded between the Seller and the User, under the terms and conditions specified in these Regulations;
Services – services provided by the Service Provider to Users electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Service Provider or Seller – DeFelt sp. z o.o. with its registered office in Wrocław at ul. Gubińska 15/51, 54-434 Wrocław, entered into the register of entrepreneurs maintained by the Regional Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 0001102704, NIP: 8943235100;
III. RULES OF USING THE SERVICE, RIGHTS AND OBLIGATIONS OF USERS
The User is obliged to read the Regulations in detail.
The User is obliged to use the Service in accordance with its intended purpose and to refrain from any activity that could disrupt its proper functioning. Such activity shall include in particular: a) posting or distributing content containing any viruses, malware, worms, Trojan horses, harmful code, or other means that may damage the Service; b) automated use of the Service, which may lead to, for example, excessive server load; c) attempts to gain access to those elements of the Service that are not publicly available; d) preventing or hindering the use of the Service by the Service Provider or other Users; e) posting content for which the Service Provider has not expressly consented, in particular advertisements and promotional materials of Users or other entities.
The Service is available to all persons using devices that have access to the Internet and meet the following requirements: Minimum requirements for stationary devices: Operating system:
Windows requirements: Windows 10 or later or Windows Server 2016 or later;
Mac requirements: macOS Catalina version 10.15 or later;
iOS requirements: iOS 13 or later;
Linux requirements: 64-bit Ubuntu 18.04, Debian 10, openSUSE 15.5, Fedora Linux 38 or their later versions;.
Android System Requirements: Android 8.0 (Oreo) Processor: Windows/Mac/Linux Requirements: Intel Pentium 4 or higher, supporting SSE3 RAM: Minimum 4 GB, 6 GB or higher recommended. Screen Resolution: 1280×1024 or higher. Internet Connection: Requirements (landline: broadband/ADSL or higher, mobile: 4G/LTE or higher). Below 1024 kbps we cannot guarantee the smooth and stable operation of our services. Internet Browser: In the latest available version: Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Safari or other compatible. Minimum requirements for mobile devices: Operating System: Required: current Android or iOS. Internet Browser: In the latest available version: Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Safari or other compatible. Internet connection: Requirements (landline: broadband/ADSL or higher, mobile: 4G/LTE or higher). Below 1024 kbps we cannot guarantee the smooth and stable operation of our services.
The Service Provider declares that it does not apply individual price adjustments based on automated decision-making.
The Service Provider informs that using the Service and related services and functionalities may involve risks that normally occur when using the Internet (e.g. spam, presence and operation of malware, worm, spyware, activities such as phishing, sniffing, etc.). In connection with the above, Customers are recommended to take appropriate actions to minimize the risk, in particular: a) using the Service only via trusted, secure connections to the Internet, b) using anti-virus software and firewall, c) using long and complex passwords to log in to the Service, using letters, numbers and special characters, d) protecting passwords used in the Service from disclosure to third parties, e) checking when logging in to the Service whether the connection is encrypted.
Each User within the Service may have only one account associated with a given e-mail address.
The Service Provider takes ongoing actions to ensure the proper functioning of the Service. In the event of detecting errors in its operation or technical problems in using the Service, or the desire to submit another complaint regarding the Service, the User may contact the Service Provider by sending an e-mail to the following address: claim@defelt.com. The Service Provider will take actions to restore the proper functioning of the Service.
The Service Provider will respond to the complaint immediately, no later than within 14 days from the date of its submission. The decision regarding the complaint will be sent to the User to the e-mail address provided by him. Users wishing to effectively exercise the right to file a complaint must do so immediately after the non-compliance with the Regulations is revealed.
The Service Provider reserves the right to temporarily disable access to the Service – in whole or in part – in order to check, maintain, update or repair it. The Service Provider will inform about the disabling of access to the Service or failure by means of an appropriate message on the Service, unless it is not possible to add such information for technical reasons.
IV. REGISTRATION AND USE OF THE ACCOUNT
Using the Services offered via the Website or purchasing Products generally does not require the Customer to create an Account, subject to the functionalities of the Website for which Account registration is required.
The Account is created by the User single-handedly.
The Account registration procedure can be started by clicking the “Register” button located on the main page of the Website.
Creating an Account is equivalent to accepting the Regulations and the Customer’s declaration that: a) they are authorized to create an Account, i.e. they are an adult with full legal capacity, and in the case of an entrepreneur, that they are authorized to represent them independently, b) the data provided when creating the account is complete and true and that it is the Customer’s data, c) creating an account does not violate the rights of third parties.
Creating an account requires the Customer to provide an e-mail address and an individual password consisting of at least 6 characters.
The creation of an account by the Customer is confirmed by the Seller by an e-mail message sent to the Customer’s address provided in the form during the Account registration.
The Seller may block the account or delete it if the Customer already has an account on the Website, or the Seller has reasonable grounds to determine that the creation of the Account or its existence is contrary to the provisions of the Regulations, legal regulations, may violate the rights of third parties, or the Customer’s data related to the account are unreliable.
After each login, the Website offers the User additional functionalities, including: a) the ability to edit the profile – e-mail address, first name, last name, b) the ability to change the password, c) the ability to edit addresses (shipping address and invoice address), d) preview of placed orders along with the status of their implementation, e) the ability to download accounting documents for the order
V. PLACING ORDERS AND SALES AGREEMENT
In order to purchase Products via the Website, the Customer selects the Products presented on the website, following the instructions and indications displayed on the Website.
Placing an order for a User who is not logged in is as follows:
first, in order to purchase Products, they should be added to the “basket”,
after adding the Product/Products to the “basket”, the Customer selects the delivery method and payment method and clicks the “Order” button,
after clicking the “Order” button, the Customer is redirected to the next page, where they must provide the following personal data: – name and surname, – e-mail address, – telephone number, – street and house number, postal code and city, – tax identification number (NIP) – in the case of an entrepreneur.
after entering the personal data referred to above and accepting the Regulations, the Customer clicks the “Summary” button – at this stage, the Customer still has the option to change the content of the order being placed and its elements – the form of delivery and the form of payment,
the Customer has the option to select the “Create an account” button, which will save their data and create an Account on the website,
the Customer has the option to select the “Consent to commercial information” button, which will save their address in the Seller’s mailing database.
to place an order, it is necessary to click the “Buy and pay” button.
Placing an order for a logged-in User is the same as for a non-logged-in User, but without the steps described in sec. 2 letters c) and e) above.
After placing an order, the Customer will be redirected to the payment gateway or will receive an e-mail with payment guidelines.
Before fulfilling the order, the Seller may request the Customer to present documents confirming their status, such as a tax identification number (NIP), an extract from the commercial register or other documents confirming business activity. In the case of a Consumer, verification of the e-mail address is required.
Placing an order constitutes a presentation by the Customer of an offer to conclude a Sales Agreement, to the extent and on the terms indicated in the order summary.
After placing an order, the Seller sends a confirmation of its placement to the Customer’s e-mail address along with a summary.
In the next message, the Customer is informed about the estimated delivery date, but this date is only approximate and may change due to external factors, such as road conditions, carrier delays or other unforeseen circumstances. The Seller reserves the right to extend the shipping and delivery date of the Products, if the delay is due to reasons beyond the Seller’s control, up to 60 days from the date of payment of the full sales price. In such a situation, the Customer, who is a Consumer, has the right to withdraw from the contract.
The Sales Agreement is concluded upon confirmation of the order by the Seller, sent to the Customer’s e-mail address.
The Seller reserves the right to reject/cancel an order if:
the Products selected by the Customer are unavailable or their delivery time is longer than indicated on the Website when placing the order,
there are other obstacles, beyond the Seller’s control, preventing the proper execution of the Sales Agreement, in accordance with the Customer’s order,
the data provided by the Customer is incomplete or incorrect or the Seller has a reasonable suspicion that it is not authentic, which prevents the proper execution of the Sales Agreement.
VI. PRODUCT SALE CONDITIONS
Product dimensions are given in millimeters (mm).
A Product is considered to be in accordance with the order if its dimensions are within the specified tolerances. All Products are manufactured to the specified dimensional tolerances. Unless otherwise specified, it should be assumed that the tolerances for the Product depend on the manufacturer, the industry to which they are directed, the specific combination of Products, or the standards adopted by Defelt, specified in Technical Specification Sheet or Catalogues. DeFelt ensures that the tolerances guarantee the functionality and aesthetics of the Product.
The standards of finish, quality and appearance of DeFelt Products, unless otherwise specified in the agreement or in writing, correspond to the quality standards adopted by DeFelt, specified in the Technical Catalogs.
The Customer acknowledges that PET felt, used as the main material in production, shows natural color and structural variations. These differences result from the properties of the material and the production process and may be visible between different batches of the material.
Placing an order means that the Customer accepts the possibility of minor differences in color and structure, which cannot constitute a basis for a complaint regarding the Product. The Seller is not responsible for differences in color, shade or material structure that may occur between individual Products, especially between different production batches. Such differences are considered natural and do not affect the overall quality or functionality of the Product.
To ensure maximum compliance with color expectations, the Seller recommends to select the color of the Product directly from the sample, and not on the basis of the images displayed on a computer screen or other device, which allows to avoid discrepancies between the perception of color on the screen and the actual shade of the material.
The Customer accepts that graphic files displayed on the computer screen may differ from the final appearance of the Product due to differences in monitor calibration, lighting and the specifics of the UV printing process. These differences may include color shades, saturation and detail. The Seller recommends performing tests and mockups before starting the project. The prototype is used for physical verification of the design, colors, allowing for possible corrections. The production of a prototype requires a separate contract for an individual order.
The Seller warrants that the Products are designed and manufactured to meet high standards of quality and aesthetics, but may be subject to restrictions under local fire and building regulations that govern their use in specific locations and applications.
The Customer is fully responsible for ensuring that the Products purchased are used in accordance with applicable fire and building regulations. This includes the responsibility to check and comply with all fire safety requirements, material classification, assembly restrictions and other regulations specific to the location where the Products are installed
Since regulations may vary significantly from region to region, the Customer is required to consult with local building supervision authorities or other appropriate institutions to ensure that the Products purchased meet all requirements.
The Seller undertakes to provide Customers with all available information on the fire classification and other technical characteristics of the Products that may be required to meet local regulations. However, the decision on the use of the Product in a given location and the method of its installation is the Customer’s responsibility. The Seller shall not be liable for any damage or loss resulting from the Customer’s failure to comply with local fire and building regulations.
VII. ADDITIONAL CONDITIONS FOR CUSTOMIZED AND INDIVIDUAL ORDERS
The Customer is obliged to carefully consider and confirm all details of the customized order before placing it. After the Seller confirms the order and starts its execution, the Customer cannot withdraw from the agreement without incurring financial consequences related to the start of production.
The Seller may establish individual terms of cooperation with the Customer, including prices, order execution dates and payment terms, taking into account the specifics and business requirements of the Customer. In such a situation, the sale takes place outside the Service, on the basis of a separate agreement, using the Seller’s General Terms and Conditions of Sale (OWS).
Agreements for the provision of design services and the sale of Products on individual orders are concluded outside the Service, using the Seller’s General Terms and Conditions of Sale (GTC).
VIII. PAYMENT TERMS
All Product prices given on the Website are gross prices and already include VAT. There is a possibility for providing a price divided into 2 elements – net price and value or method of calculating VAT.
Prices are specified in EUR. For orders in Poland, the price will be converted to PLN according to the selling rate of the currency by the National Bank of Poland on the day preceding the date of the invoice. If there was no other arrangement between the parties, the product shall be invoiced at the prices applicable on the day of issuance of the VAT invoice.
Prices do not include delivery costs, insurance and any further costs related to the sale (unless otherwise stated in the Product description), which are given to the Customer when placing the order and may depend on the size, weight of the shipment and distance to the place of delivery. In the case of sales outside the EU market, additional costs and fees may also arise after placing the order. All of the above costs and fees are borne by the Customer, unless otherwise stated in the Product description or individual arrangements.
In the event of informing about a reduction in the price of the Product, the Seller, in addition to the reduced price of the Product, will also include information about the lowest price of this Product, which was valid in the period of 30 days before the introduction of the reduction.
Payments will be made via external operators, on the terms specified by them (in such a situation, the Customer may be redirected to the external operator’s service to make the payment) or via bank transfer to the Seller’s bank account.
The Customer pays for the ordered Product by bank transfer within a maximum period of 7 days. For purchases exceeding the equivalent of EUR 1,000, the payment term is 14 days. Payment is deemed to have been made when the funds are credited to the Seller’s bank account. The Seller will start the ordering and delivery procedure for the Products after receiving full payment of the sales price together with all costs. For orders paid by bank transfer, the sale takes place with reservation of ownership until the full price for the Product is paid.
In the event of choosing to pay for the Product by bank transfer and the Customer failing to make the payment within the time specified above, the Seller will cancel the order placed by the Customer and the contract will cease to be binding. If the delay is the result of technical problems, each case will be considered individually.
In case of doubt, the Customer’s failure to pay within the time specified in sec. 6 above shall be deemed a declaration of non-fulfillment of the obligation within the meaning of Art. 4921 of the Civil Code (Polish law).
IX. DELIVERY OF PRODUCTS
The transfer to the Customer of the benefits and burdens associated with the purchased product and the risk of its accidental loss or damage to the product occurs after the Product is transferred to the courier on the terms of INCOTERMS 2020 Ex Works (EXW). DeFelt is not liable for damages caused during transport or unloading of the product at the Customer’s location (does not apply to the Consumer).
Delivery of the Products will be carried out on the date indicated in the order confirmation, counted from the date of payment of the full sale price of the Products together with all costs. All delivery dates indicated by the Seller are expressed in business days.
Delivery will be carried out by courier or in another manner specified by the Seller provided on the website. The Seller does not carry out his own deliveries, and the selection of the courier or transport company is made taking into account the best offer in terms of cost and delivery date.
The Customer is obliged to check the shipment with the ordered Products upon receipt, preferably in the presence of the courier. In particular, it is recommended that the Customer checks the completeness of the delivery and whether the packaging of the Products or the shipment does not contain any visible damage. In the event of any shortages or damage, the Customer has the right to request that the supplier’s representative draw up a protocol confirming these circumstances. The protocol drawn up by the supplier’s representative will facilitate and speed up any potential complaint process for the Products.
All complaints regarding damages incurred during transport must be reported by the Customer to the Seller within 7 days of receipt of the shipment. Failure to comply with this obligation may result in rejection of the complaint.
An invoice for the sale will be issued to the Customer only if the Customer submits such a request during the order placement process, before its confirmation, and if the Customer provides the data required for issuing an invoice, including the Tax Identification Number (NIP).
If it is not possible to deliver the Products to the address provided by the Customer, the Seller will contact the Customer to establish new delivery terms. If delivery was not possible due to the Customer’s fault, due to, including but not limited to, incorrect address data, the Seller reserves the right to re-ship the Products after the Customer has paid the shipping costs again.
The Seller shall not be liable for delays or failures in the execution of the order or other obligations arising from these Regulations, which are due to force majeure or other causes beyond the control of the Seller, in particular such as: actions of government bodies, riots, wars, acts of vandalism, strikes, delays in transport, difficulties in the availability of materials, equipment failures, power outages, fires, floods or other natural disasters.
The Seller undertakes to inform the Customer of any known delays in delivery as soon as possible via e-mail and telephone and to take actions to minimize delays and their effects. The Seller is not obliged to pay compensation for damages resulting from delays in delivery, unless it is due to his fault.
In the event of delays or shortages in deliveries, the Seller reserves the right to distribute available Products between Customers in a manner that he deems most appropriate, without being liable for any changes in the execution of individual orders resulting from it. In such a situation, the Customer has the right to cancel the order within 3 days of receiving the information.
The Customer will be notified of the actions taken by DeFelt in connection with the postponement or suspension of delivery, including the reasons for such action and the requirements necessary to resume the order.
If the delay period exceeds 30 days, each party has the right to withdraw from the contract in writing. In such a situation, the withdrawing party has no right to claim any compensation unless the delay was caused by reasons attributable to the Customer. If the contract provided for the delivery of the Product in parts, any withdrawal from the contract applies only and exclusively to the delayed part of the service, and not to services provided at a later or earlier date.
The Seller is liable for damages only up to the value of the Product together with transport (does not apply to the consumer).
X. STORAGE OF PRODUCTS
In the event that DeFelt is ready to ship and the Customer requests a postponement of delivery of the Products beyond the planned shipping date, or when the shipment returns to Defelt, the Seller may transfer the Products to the warehouse at the Customer’s expense and risk. Transferring the Products to the warehouse at the Customer’s request will be considered a completed delivery.
All costs related to storage of the Products, including storage fees, insurance and any additional costs, including re-shipment costs, are borne by the Customer. Before transferring the Products to the warehouse, the Seller is obliged to inform the Customer of the expected storage costs.
After transferring the Products to the warehouse, the risk of loss or damage to the Products passes to the Customer. The Seller undertakes to ensure appropriate storage conditions in accordance with the nature and requirements of the Products, but reserves the right to charge the Customer for the costs associated with such storage.
The Seller and the Customer will establish a maximum storage period, no longer than 14 days.
After the expiry of this period and after all costs have been settled, the Seller will take action to deliver the Products to the Customer.
In the event of failure to settle the costs and failure to collect the ordered Products by the Customer, the Seller may take appropriate steps, including withdrawal from the contract, sale of the Products at the Customer’s expense and risk, in order to cover the costs referred to in sec. 2 above, or its disposal, with prior notification to the Customer of the planned actions.
XI. PRODUCT USE IN THE DEFELT – FELT SEGMENT
The Customer should apply the following principles of use of the Products:
temperature range: -20° C to +65° C.
avoid direct contact with large amounts of water.
protect the products from direct sunlight.
pay attention to the possibility of damage of the felt surfaces by other products, e.g. chairs that are placed too close, causing abrasions or deformation of the material. Mechanical damage to the felt surfaces is not considered a product defect.
PET felt products are intended for mounting on walls and ceilings, they should not be walked on.
The Customer shall carry out cleaning and maintenance of the Product with chemicals recommended by DeFelt and according to the instructions on the website under Resources DeFelt Acoustic Panel Cleaning Guide.
The Customer is obliged to comply with the Technical specifications of the Product developed by DeFelt
XII. COMPLAINTS REGARDING PRODUCTS (WARRANTY AND GUARANTEE)
After receiving the Product, the Customer is obliged to check its compliance with the order and the completeness of the delivery within 7 days. During this time, the Customer should carefully check whether the Products received correspond to the order specification, whether they have no overt physical defects, and whether the order is complete and report to the Seller any identified discrepancies, deficiencies in the order or defects in the Product. After this period, it is considered that the Customer has accepted the Product without reservations, and the Seller is released from liability for any discrepancies, deficiencies or defects that were not reported within the required time (does not apply to the Consumer).
The Seller, to the extent permitted by applicable regulations, excludes the statutory warranty for each Agreement in which the Customer is an entity other than the Consumer. For Customers who are not Consumers, the Seller grants a guarantee for the Products under the terms specified in Chapter XII of the Service Regulations and the document “Guarantee Terms”, which is an annex to the Service Regulations.
Complaints may be submitted via e-mail sent to claim@defelt.com, or in writing to the Seller’s address provided in the Regulations.
In the complaint, the Customer should specify the Product that is the subject of the complaint, demonstrate that it was purchased from the Seller (e.g. receipt, invoice, proof of payment or copy of the order confirmed by the Seller) and describe the identified defect in the Product.
In order to resolve the complaint faster, the Seller recommends that each complaint include: a) the full name and model of the Product being complained about, b) a photo of the sticker, plate or other individual Product marking placed on the product by DeFelt, c) a number of the order, d) a copy of the proof of purchase (receipt or invoice) or a copy of the proof of payment for the order, e) a detailed description of the defect, f) an indication of the date on which the Product defect was identified, g) photos and/or a video showing the defect.
The Customer who exercises the rights under the warranty is obliged to: a) in the case of repair or replacement of the item – make the Product available to the Seller, and the Seller collects the Product from the Consumer at its own expense. b) in the case of a declaration of withdrawal from the contract – deliver the defective item to the Seller’s address provided in the Regulations, no later than within 7 days of submitting the declaration.
The Customer bears full responsibility for the decision on the assembly, use or utilization of the Product before thoroughly checking compliance with the order and confirming its completeness and lack of defects. In the event of finding any discrepancies, deficiencies or defects, the Customer should immediately, in accordance with the established deadline, report these issues to the Seller, without taking any action that could change the condition of the Product. The Customer should refrain from assembling, using or making any use of the Products that are the subject of the complaint until the matter is resolved by the Seller. Use or change in the condition of the Products may affect the complaint process.
The Customer is obliged to install the Products according to the instructions on the website in the DeFelt PET Acoustic Panel Installation Guide tab.
The basis for refusing to accept a complaint may be in particular: a) damage resulting from installation contrary to the instructions and common practice. b) natural wear and tear of the material and dirt from use. c) mechanical damage resulting from the action of an external force not related to standard use. d) damage caused during transport and reloading by third parties. e) defects resulting from improper use, negligence or use of the product contrary to its intended purpose. f) differences in the shade of fabrics from different production series and differences in the shade of felt and fabrics in products successively purchased by the customer, made from different production series of materials. g) deformations and aesthetic changes caused by the natural aging process of the material. h) physical and aesthetic defects that are visible before the product is used. i) acts of vandalism or other treatment of the product contrary to its intended purpose. j) improper use of the product in poorly designed installations or furniture, leading to excessive wear of the product. k) processing, modification or alteration of the product. l) exposure of the product to direct sunlight or other light sources that may cause fading and moisture.
Assessment of the validity of the complaint may require additional steps (e.g. conducting an expert opinion, expert assessment to consult DeFelt quality control department). The Seller reserves the right not to accept the complaint if the information and materials provided by the Customer are insufficient to assess the validity of the complaint claims or the Product has visible mechanical damage or traces of improper use. In such a case, the Seller will immediately notify the Customer of the actions necessary to properly consider the complaint.
DeFelt does not accept any fees nor reimburse costs of repairs performed by third parties without prior written agreement with DeFelt. All repairs of the Products should be performed by authorized service centers or after consultation with DeFelt to ensure compliance with warranty requirements and maintain a high standard of service.
The Customer who decides to have the Product repaired by an unauthorized third party without prior agreement with DeFelt does so at his/her own risk. DeFelt does not guarantee the preservation of the properties of the Products after such repairs and this may affect further warranty claims.
The storage period for replacement products (shelf life) is 12 months from the sale date.
XIII. RIGHTS FOR PRODUCT NONCONFORMITY WITH THE CONTRACT (WARRANTY) [PL. RĘKOJMIA]
The Seller shall be liable to the Consumer if the sold Product is not in compliance with the contract. Details regarding the Product’s nonconformity with the contract are regulated by the provisions of the Act of 30 May 2014 on consumer rights in relation to consumers (Polish law).
Products presented on the Website may be covered by a manufacturer’s or distributor’s guarantee. Detailed guarantee terms and duration are then provided in the guarantee card issued by the guarantor and attached to the Product.
In the event of finding that the Product is not in compliance with the contract, the Customer should contact the Seller (by sending an e-mail to claim@defelt.com or by letter), specifying at the same time their claim related to the Product’s nonconformity with the contract.
The Seller shall resolve warranty complaints within 14 days of their submission or delivery in accordance with Chapter XII sec. 6.
If the Product is not in conformity with the contract, the Consumer may request its repair or replacement. The Seller undertakes to assess the notification and take appropriate actions to resolve the identified nonconformity. This may include replacing the Products with those in conformity with the order, delivering missing Products, repairing defective Products or other forms of redress, as agreed between the Parties.
The Seller may replace the Product, when the Consumer requests a repair, or may repair the Product, when the Consumer requests a replacement, if bringing the Product into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Product into conformity with the contract.
When assessing the excessiveness of costs, all circumstances of the case are taken into account, in particular the significance of the nonconformity of the Product with the contract, the value of the Product in conformity with the Contract and excessive inconvenience to the Consumer resulting from a change in the method or refusal to bring the Product into conformity with the contract.
The Seller shall repair or replace within a reasonable time from the moment the Consumer informed him of the nonconformity with the contract, and without excessive inconvenience to the Consumer, taking into account the specificity of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
The Consumer shall make the Product subject to repair or replacement available to the Seller. The Seller shall collect the Product from the Consumer at its own expense.
If the Product is not in accordance with the contract, the Consumer may submit a declaration of a price reduction or withdrawal from the contract when:
the Seller has refused to bring the Product into conformity with the contract in accordance with sec. 5 above,
the Seller has not brought the Product into conformity with the contract in accordance with the conditions specified in points 7-8 above,
the lack of conformity of the Product with the contract persists despite the Seller’s attempt to bring the Product into conformity with the contract;
the nonconformity of the Product with the contract is significant enough to justify an immediate price reduction or withdrawal from the contract;
it is clear from the Seller’s declaration that he will not bring the Product into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
The Customer who exercises the rights arising from the Product’s nonconformity with the contract is obliged to deliver the defective Product to the Seller’s registered office address. In the case of a Customer who is a Consumer, the cost of delivering the defective Product shall be borne by the Seller.
The Seller shall be liable for any nonconformity of the Product with the contract existing at the time of its delivery and disclosed within two years of that time, unless the expiry date of the Product for use, specified by the Seller, its legal predecessor or a person acting on their behalf, is longer. It is presumed that the nonconformity of the Product with the contract, which became apparent before the expiry of two years from the delivery of the Product, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specification of the Product or the nature of the nonconformity with the contract.
The Consumer may not withdraw from the contract if the nonconformity of the Product with the Contract is immaterial.
DeFelt shall not be liable for the nonconformity of the Product with the contract to the extent referred to in Article 43b paragraph 2 of the Consumer Rights Act (Polish law), if the Consumer, at the latest at the time of conclusion of the contract, was expressly informed that a specific feature of the Product deviates from the requirements of conformity with the contract specified above, and expressly and separately accepted the lack of a specific feature of the Product.
In the event of recognition of the withdrawal from the contract or declaration of price reduction as effective and provided that the Product is returned to the Seller or the Seller receives proof of its return, the Seller shall return to the Customer the payment made by him/her in whole or in part, immediately – no later than within 14 days after the complaint is accepted. The payment will be returned using the same method of payment that the Customer used, unless the Customer agrees to a different method of return.
An entrepreneur with consumer rights is obliged to declare to the Seller that the concluded Contract is directly related to the business activity conducted by him, but does not have a professional character for him, resulting in particular from the subject of the business activity conducted.
XIV. PRODUCT REVIEWS
The Seller allows registered Users to post reviews of purchased Products.
The Customer may post a review of a Product directly on the page of a given Product by clicking the “add review” button. In order to post a review, the Customer provides their name or nickname and enters the content of the review in the provided box.
The Seller takes all steps to ensure that the published reviews come from Customers who have used or purchased a given Product, in particular, it limits the possibility of adding reviews only to registered Users.
The Seller does not post or commission another person to post false reviews or recommendations of Customers and does not change the reviews or recommendations of Customers in order to promote its Products.
Adding reviews by Customers may not be used for illegal activities, in particular for activities constituting acts of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, the Regulations and good manners.
XV. REPORTING ILLEGAL CONTENT
The Service Provider is a hosting service provider for certain functionalities of the Website, and is therefore obliged to fulfill the obligations imposed on the Service Provider by Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Service and amending Directive 2000/31/EC (hereinafter referred to as the Digital Services Act or DSA).
The User is prohibited from using the Service in a manner that violates the provisions of the Regulations, legal regulations, good customs or the legitimate interests of the Service Provider, other Users and third parties, including by sending unwanted or threatening messages to other Users. The User is obliged to respect the personal rights, property and intellectual property rights of the Service Provider, other Users and third parties. The User may not post Illegal Content on the Service, including materials or content that discriminates on the basis of sexual orientation, religious denomination, race, gender or nationality.
Illegal Content is any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.
The Service Provider is not obliged to monitor information content originating from Users, nor to actively establish facts or circumstances indicating illegal activity.
The Service Provider may conduct, on its own initiative (voluntarily) and in good faith, any investigations into, or take other measures aimed at detecting, identifying and removing, or disabling access to, illegal content, or take the necessary measures to comply with the requirements of Union law and national law in compliance with Union law, including the requirements set out in DSA.
The performance of these activities does not affect the Service Provider ‘s exemptions from liability, referred to in Article 6(1) of the DSA, for information stored in the Service at the request of the User.
Content moderation on the Service is carried out by a human review of the content.
Each Customer may notify the Service Provider of the presence of certain information that an individual or entity considers to be Illegal Content through the Contact Point.
The Service Provider designates a Contact Point enabling direct communication with the Service Provider for the purposes of applying DSA at the e-mail address: claim@defelt.com. The Contact Point enables direct communication between the Service Provider and Users and with the authorities of Member States, the European Commission and the Digital Services Council.
Communication through the Contact Point may take place in Polish and English.
A report of Illegal Content must include:
a sufficiently reasoned explanation of the reasons why the person or entity alleges that the relevant information constitutes Illegal Content,
a clear indication of the exact electronic location of the information, such as the exact URL(s) and, where necessary, additional information enabling the identification of the Illegal Content, adapted to the type of content and the specific type of hosting service,
the name and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
Where the notice contains the electronic contact information of User, the Service Provider shall send confirmation of receipt of the notice. The Service Provider shall also notify without undue delay of its decision in respect of the information to which the notice relates.
A redress action against the Service Provider’s decision referred to in sec. 12 above may be lodged within 14 days at the following e-mail address: claim@defelt.com, with reference to the date and dictum of the decision.
The Service Provider shall process any notices and take its decisions in respect of the information to which the notices relate in a timely, nonarbitrary and objective manner and with due diligence.
The Service Provider has the right to take immediate action to remove or prevent access to Illegal Content upon obtaining such knowledge or information. The Service Provider reserves the right to remove and edit Illegal Content posted by Users and the possibility of deleting the account of a User who violates the Regulations.
The Service Provider shall provide a statement of reasons for its decision if it is the result of a notice and if it concerns:
any restrictions of the visibility of specific items of information provided by the recipient of the service, including removal of content, disabling access to content, or demoting content;
suspension, termination or other restriction of monetary payments;
suspension or termination of the provision of the service in whole or in part;
suspension or termination of the Users’s account.
Complaints about the actions or omissions of the Service Provider, resulting from the notification, may be filed within 6 months from the moment the User is informed of the decision by the Service Provider. The Service Provider shall consider complaints in a manner provided for the complaint procedure specified in Chapter III, sec. 7 and 8 of the Regulations.
XVI. CONTACT WITH THE SELLER
The User may contact the Seller via e-mail (e-mail address: contact@defelt.com) or via the contact form located in the “Contact” tab.
In order to send a message to the Seller via the form, it is necessary to provide a telephone number, e-mail address and the content of the inquiry.
The Seller will respond to the Customer’s inquiry within the next few business days, taking into account the hours of operation of the Service provided in the “Contact” tab.
The Seller does not respond to messages that are not related in any way to the Seller’s activity, offensive or in another context that do not require the Seller to respond.
XVII. RIGHT OF WITHDRAWAL FROM THE CONTRACT
A Customer who is a Consumer who has concluded a sales contract via the Website may withdraw from it within 14 days without giving a reason and without incurring costs, with limitations hereinbelow:
if the Customer has chosen a method of delivery of the Product other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to refund the Customer the additional costs of such delivery incurred by him,
the Customer shall bear the direct costs of returning the Product.
The period for withdrawal from the contract begins on the day the Customer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract covering many Products that are delivered separately, in batches or in parts – from the day the Customer takes possession of the last Product, batch or part.
Withdrawal from the contract requires the Customer to submit a declaration via e-mail or in writing. It is recommended to submit the declaration using the form provided to the Customer by the Seller in the e-mail confirming the order.
To meet the deadline, it is sufficient to send the declaration before its expiry.
The Seller will immediately send the Customer a confirmation of receipt of the declaration of withdrawal from the contract, by e-mail or in writing.
In accordance with the Consumer Rights Act (Polish law), the right to withdraw from the Contract is excluded, among others, in the case of:
a contract for the provision of Services, if the Service Provider has fully performed the Service at the express request of the consumer, who was informed before the commencement of the provision that after the Service Provider has performed the service, he will lose the right to withdraw from the Contract,
in which the subject of the provision is a non-prefabricated Product, manufactured according to the consumer’s specification or intended to meet his individual needs,
other contracts listed in art. 38 sec. 1 of the Consumer Rights Act.
If the Consumer exercises the right to withdraw from the contract after submitting a request to start the performance of the service, and before the deadline for withdrawal from the contract concluded at a distance, and the service has not been performed in full, the Consumer is obliged to pay for the services provided until the time of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract.
The Seller will return to the Customer all payments made by him, including the costs of delivering the goods, immediately – no later than within 14 days – after receiving the Customer’s declaration of withdrawal from the Contract.
The payment will be returned using the same method of payment that the Customer used, unless the Customer agrees to a different method of return. The Customer does not bear the costs of returning the payment.
If the Seller has not offered to collect the Product from the Customer himself, he may withhold the return of payments received from the Customer until he receives the Products back or the Customer provides proof of sending them back, depending on which event occurs first.
The Customer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.
The Customer is liable for the reduction in the value of the Product resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product.
XVIII. FINAL PROVISIONS
The Regulations in their current wording shall enter into force on 17.09.2024
The Service Provider reserves the right to change the Regulations, in particular in the event of the following circumstances:
a change in the provisions of generally applicable law,
an obligation arising from a final court ruling or a decision of administrative bodies,
changes in the Service resulting from security reasons,
introduction of changes in the functioning of the Service, including those related to technical and technological progress, organizational changes of the Service Provider or changes in the infrastructure used for the needs of the Service,
adding of new services or functionalities.
The User will be informed of the changes to the Regulations by e-mail or by appropriate information on the Service placed by the Service Provider.
For sales contracts concluded before the change of the Regulations, provisions of the Regulations as at the date of conclusion of the contract shall apply.
Further use of the Service after 7 days from the release of information on the change of the Regulations shall be treated as consent to the provisions of the new Regulations. If the User does not agree to the change, he/she should report this fact to the Service Provider, who will delete the account at their request. For this purpose, the Service Provider should be contacted via email: contact@defelt.com, providing their name and surname and the email address provided during registration on the Website.
The provisions contained in these Regulations concerning the Consumer, regarding withdrawal from the agreement and complaints, apply to a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. Provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
All services provided by the Seller are subject to the provisions of Polish law.
Disputes arising from the performance of sales agreements with Customers who are not Consumers shall be resolved in accordance with Polish law by Polish courts with local jurisdiction for the Seller’s registered office.
A Customer who is a Consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes. These may include, in particular, consumer advocates or the Voivodeship Inspectorates of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform).
GUARANTEE CONDITIONS [PL. GWARANCJA]
I. GENERAL CONDITIONS
DeFelt Sp. z o.o. guarantees the proper operation of PET felt Products for 12 months from the date of issue of the sales invoice.
The Product guarantee is provided for each Agreement in which the Customer is an entity other than the Consumer. By making a purchase, the Customer accepts the provisions of the guarantee.
The Product guarantee is provided only for Products that have been fully paid for by the Customer.
The guarantee is valid in the territory of the Republic of Poland or in the Customer’s country in the EU.
II. SUBJECT OF THE GUARANTEE
The guarantee covers manufacturing defects of PET felt Products, including defects in materials and workmanship, detected before assembly. In the case of glued Products, the guarantee covers ungluing, unless it was caused by improper use, assembly not in accordance with the instructions, external forces or other factors not related to manufacturing defects.
In order for a guarantee claim to be accepted, overt defects must be detected and reported before the Product is assembled or processed. After starting to process the Product, the provisions of sec. 3 below apply. The guaranty does not cover Products that have been cut, partially mounted or modified by the Customer or processed in a manner inconsistent with the Technical specifications developed by DeFelt.
If during the production test of the purchased product it turns out that it contains defects, the Customer is obliged to immediately stop production. Usage of more than 10% of the purchased product is equal to acceptance of its quality, and thus to the expiration of all rights resulting from the guarantee for defects. The defective product used during the production test should be secured by the Customer. In addition, the Customer should, while maintaining the above condition, allow DeFelt, at his request, to examine on site the behaviour of the product in the production process and the conditions in which it was used in production.
The Seller’s liability exclusions specified in Chapter XII, sec. 9 of the Service Regulations shall apply accordingly to the guarantee terms.
DeFelt shall not be liable: a) for the lost profits of the Customer, third parties, or for any consequential or indirect damages; b) for the Customer’s failure to perform or improper performance of an obligation towards its contractor; c) for defects or improper functioning of installations, materials, machines, etc. with which the Product will be connected, of which it will become a part or with which it will cooperate, their improper operation, use or assembly, even if the Product was defective, but the Customer could have detected the defect before its processing, while exercising due diligence; d) for using the Product for a purpose other than the purpose for which it was manufactured; e) for damage caused to third parties by the Product manufactured on the basis of the documentation and according to the Customer’s instructions.
Products covered by special sales campaigns, including in particular sales, are not subject to complaint.
III. SUBMISSION OF CLAIMS
The Customer is obliged to thoroughly check the Products upon delivery and to apply the complaint procedure, in accordance with the Service Regulations (Chapter XII), subject to the provisions below.
If the Product has overt defects, i.e. defects and errors that can be determined based on external inspection, the Customer has the right to submit a complaint to DeFelt only within 7 days of receipt. The above entitlement does not apply to Product defects caused by improper transport, which should be reported immediately, in accordance with Chapter IX, sec. 4 and 5 of the Service Regulations.
If the Product has hidden defects that become apparent during material processing, the Customer has the right to submit a complaint to DeFelt only within 7 days of their discovery.
If the Customer does not submit a complaint in the manner specified in Chapter XII, sec. 6 of the Service Regulations and within the deadlines specified above, the guarantee rights expire.
If the product has overt defects, the Product should be returned in its original packaging. If the Product has hidden defects, the Product should be returned with a label. Each time, the Product should be returned by the Customer in a condition that allows its transport. Incomplete complaint notifications will not be considered.
DeFelt will confirm a complete complaint notification within 7 days of its receipt.
The Seller will resolve guarantee complaints within 30 days of its submission or delivery in accordance with Chapter XII, sec. 5 of the Service Regulations.
DeFelt is liable on general terms, subject to the rules set out in these Regulations. The guarantee covers only the cost of replacing the Product and does not cover the costs of assembly, disassembly, transport or reinstallation. DeFelt is not liable for the costs of work, repairs or damage resulting from the use of the Product.
In the event that the request to replace the defective product with a product free from defects is accepted, DeFelt undertakes to replace it as soon as possible, considering time resulting from the production capabilities of DeFelt and other obligations imposed on it.
DeFelt is not obliged to deliver a replacement product for the duration of the complaint procedure.
During the period of DeFelt’s complaint review, the Customer shall not be entitled to withhold payment of any due amounts resulting from agreements concluded with DeFelt, including for the product subject to complaint, or for a product that was invoiced by DeFelt together with the product subject to complaint, but unlike the product subject to complaint, it does not contain any defects.
However, if the Customer withholds the aforementioned payments, DeFelt shall be entitled to withhold payment of the complaint claims until the Customer settles all outstanding amounts due to him and other obligations towards DeFelt, and the Customer will additionally be obliged to pay DeFelt double statutory interest for delay. The interest shall be due to DeFelt in full regardless of whether the complaint is accepted by it or not.
If the product subject to complaint is not available in DeFelt’s warehouse, it will be replaced after the delivery of new material. The Customer will be informed of the approximate date of complaint review.
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You can order only five A5 Color Samples. If you want to order more than five samples please contact with sales department.
