Good morning!

Below, you can see the terms and conditions of the online store dziendobrysklep.com, where you will find, among others, the terms of using the store, registering user accounts, making purchases, submitting complaints, and processing personal data.

Should you have any doubts or questions about the store, we are at your disposal at [email protected].

We wish you a pleasant shopping experience,
the dziendobry team

§ 1
Definitions

The definitions used in these Terms and Conditions shall have the following meaning:
1) “Buyer” – any legal person or entity that purchases through the Store;
2) “Consumer” – a natural person who signs a contract with the seller and is acting outside the scope of an economic activity (trade, business, craft, liberal profession); Consumer is also a Buyer;
3) “Store” – an online shop hosted on the website: dziendobrysklep.com/en and its subpages;
4) “Term and Conditions” – this document that sets out the rules, terms, and conditions, and can be accessed at https://dziendobrysklep.com/en/termsandconditions
5) “Seller” – “Serafin Studio” ul. Łomżyńska 16, 26-600 Radom, NIP: 9482477477.

§ 2
General provisions

1. Through the website, the Seller sells the products listed in the Store as well as provides electronic services and communications to the Buyer pursuant to § 3 of the Regulations.

2. The Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer.

3. It is not necessary for the client’s computer or other device to meet any special technical conditions to use the Store. It is sufficient to have the following:
1)internet access
2)standard operating system,
3)up-to-date web browser (Google Chrome, Mozilla Firefox, Microsoft Edge),
4)valid and active email address.

4. It is possible to view the Store’s offer without providing personal data – but an order cannot be placed anonymously.

5. Submission of any illegal content by the Buyer, especially sending it via open contact forms in the shop, is prohibited.

6. All the presented prices are gross prices (include VAT).

§ 3
Electronic communication and newsletter

1. Via the online Store, the Seller provides the Buyer with an electronic service, namely with the possibility to browse through the publicly available content of the Store, which consists of text, graphic, and audiovisual content.

2. The Seller also provides the Buyer with an electronic service enabling the Buyer to create a sale contract with the Seller regarding the products listed in the Store.

3. If the Buyer decides to create a user account in the Store, the Seller shall also provide the Buyer with an electronic service consisting of creating and maintaining the user account. The user account stores the Buyer’s data and the history of orders placed by the Buyer. The Buyer logs in to the account using his/her e-mail address and a password defined by him/her. The creation of an account leads to the creation of a user account maintenance agreement between the Buyer and the Seller. The agreement is concluded for an indefinite period of time and the Buyer may terminate the agreement with immediate effect at any time by deleting the account.

4. If the Buyer decides to subscribe to the newsletter, the Seller shall also provide the Buyer with an electronic service consisting in sending the Buyer e-mails containing information about the Store’s novelties, promotions, services, and products. Subscription to the newsletter is possible by means of completing and sending a newsletter subscription form with the appropriate checkbox selected. The Buyer may resign from receiving the newsletter at any time by clicking on the “Unsubscribe” button visible in each message of the newsletter or by manually sending a request to unsubscribe to the Seller.

5. The services referred to above are provided to the Buyer free of charge. However, sale contracts concluded through the Store are payable.

6. In order to ensure Buyer’s security, the Seller shall take technical and organisational measures appropriate to the degree of potential threat to the security of the services provided – specifically, ensure high level of protection of the processed personal data and secure it against unauthorised access and modification.

7. The Seller shall take steps to ensure the Store’s proper functioning. The Buyer should inform the Seller of any errors or interruptions in the functioning of the online Store.

8. Any complaints related to the provision of electronic services and to the Store’s functioning may be submitted by the Buyer via e-mail at [email protected]. In the complaint, the Buyer should provide his or her first and last names, as well as type and date of the error occurrence. The Seller shall respond to the complaint within 30 days of its receipt.

§ 4
Intellectual property rights

1. The Seller hereby informs the Buyer that all the content contained on the Store’s website constitutes works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and is, therefore, Seller’s property, which is protected by law.
2. The Seller hereby informs the Buyer that further distribution and use of the content by the Buyer without the Seller’s consent – other than for the Buyer’s own personal non-commercial use – constitutes an infringement of intellectual property rights and may result in civil or criminal liability.

§ 5
Placing orders

1. The Buyer can place an order as a guest or as a registered customer.

2. A registered customer is a Buyer who has a user account in the Store. User account can also be created at the stage of placing an order.

3. An order placement is done by adding products to the shopping cart and filling out the order form right after. It is essential to provide all the data necessary for the order fulfilment. During the order placement, the Buyer shall also select the delivery and payment methods. The precondition for placing an order is reading and accepting the Regulations. In case of any doubts concerning the Regulations, the Buyer may contact the Seller.

4. The order placement process is completed upon clicking the button finalizing the order. Clicking the aforementioned button constitutes Buyer’s acceptance of the Seller’s offer and results in the conclusion of a sale contract between the Seller and the Buyer.

5. If the Buyer has chosen an online payment method, after clicking the order finalisation button, they shall be redirected to the payment gateway – where the payment should be submitted – operated by an external payments processor. If the Buyer has chosen to pay by bank transfer, after clicking on the order finalisation button, they shall be redirected to the Store’s webpage with payment details and instructions. Payment for the order should be made within 5 working days after conclusion of the sale contract.

6. In the order form, the Buyer must provide true personal data. The responsibility for providing false/erroneous personal data lies with the Buyer. The Seller reserves the right to suspend execution of the order in a situation when the Buyer has provided false data, or when the data raises justified doubts in regards to its authenticity and correctness. In such a case, the Buyer shall be informed by phone or e-mail about the Seller’s doubts. The Buyer then shall have the right to explain all circumstances related to verification of the provided data. In case of lack of the Buyer’s contact data, the Seller shall provide all explanations after the Buyer has reached out him-/herself.

7. The Buyer declares that all provided data in the order form is true, whereas the Seller is not obliged to verify its authenticity and correctness, although the Seller does have such a right pursuant to paragraph 6 above.

§ 6
Delivery charges and payment methods

1. The available delivery methods are described on the Store’s website (“Delivery and Returns” section) and also presented to the Buyer at the order placement stage.

2. The available payment methods are described on the Store’s website (“FAQ section”) and also presented to the Buyer at the order placement stage.

3. The cost of the order delivery shall be covered by the Buyer unless the Seller indicates otherwise.

4. The entity providing online payment services is PayPro SA with its registered office in Poznań, at Kanclerska 15 (60-327), entered into the register of entrepreneurs of the National Court Register kept by the District Court for Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with the share capital of PLN 4,500,000.00, fully paid-up, and into the register of national payment institutions kept by the Polish Financial Supervision Authority under the number UKNF IP24/2014.

5. Payment is possible by on-line transfer or by payment card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro). In case a refund shall be issued for a transaction made by a payment card, the Seller shall transfer a refund to the bank account assigned to the Buyer’s payment card, unless the Consumer has explicitly agreed for another refund method that does not involve any additional costs for him/her.

6. Payment through the PayPal service, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), is also available.

§ 7
Order fulfilment

1. The fulfilment of the order consists of processing the order, packing the ordered products for delivery, and shipping the order to the Buyer according to the delivery method chosen. The order shall be deemed executed once the shipment is sent to the Buyer (entrusted to a carrier engaged in transport).

2. The order fulfilment takes up to 5 working days unless a longer period has been explicitly indicated by the Seller in the product description. By placing an order on such products, the Buyer agrees to a longer order fulfilment time. The order fulfilment time starts at the moment of obtaining a positive payment authorisation (in case of card payment) or on the day the Seller’s bank account credits the payment (in case of payment by bank transfer).

§ 8
Withdrawal from the sale contract

1. The Consumer who electronically concluded the contract with the Seller, has the right to withdraw from the sale contract without stating any reasons within 14 days after receipt of the order.

2. The Consumer shall inform the Seller about the decision to withdraw from the contract by means of a clear statement – for example, sent by post, fax, or e-mail.

3. The consumer may use the withdrawal form template provided here: https://dziendobrysklep.com/wp-content/uploads/2020/10/Formularz-zwrotu.pdf
– although it is not obligatory.

4. In order to respect the withdrawal period, it shall be sufficient for the Consumer to send the notification of the contract withdrawal to the Seller before the end of the 14-day expiry period.

5. The Consumer is obliged to return the product directly to the Seller – or hand it over to a person authorized by the Seller – as soon as possible and no later than within 14 days after the contract withdrawal, unless the Seller has suggested to collect the item him-/herself of informing about the withdrawal from the contract. To respect the withdrawal period, it is sufficient to return the product before the 14-day deadline expiry

6. The Consumer covers the costs of returning the products.

7. In the event of the contract withdrawal, the Seller shall reimburse all received payments from the Consumer as well as refund the cheapest delivery option (if the order delivery was covered by the Consumer) – as soon as possible and no later than within 14 days after receiving the Consumer’s withdrawal statement. Reimbursement shall be made using the same payment method as the one in the original purchase transaction unless the Consumer has explicitly agreed to another solution. In any case, the customer shall not incur any fees in connection with this refund.

8. Unless the Seller has suggested collecting the return him-/herself, the Seller may withhold the refund until the product has been returned by the Consumer or until the proof of the sent package containing the product has been provided by the Consumer – whichever occurs first.
9. The Consumer is responsible for any reduction in the value of the product resulting from the product’s misuse.

§ 9
Warranty

1. The Seller is obliged to deliver the products free from defects.

2. The seller is liable to the Consumer if the product sold has a physical or legal defect (warranty for defects).

3. If the Buyer is not a Consumer, then upon placing an order, he/she accepts the fact that the Seller’s warranty for defects of the sold item is excluded.

4. If the sold product has a defect, the Consumer can:
1)demand the exchange for the new product free from defects,
2)demand to repair the defect,
3)request a discount on the purchased product,
4)submit a declaration of the contract withdrawal.

5. If the Consumer finds a defect in the product, he/she should inform the Seller about it with a statement specifying the complaint and providing details related to the found defect.

6. Each product purchased in the Store is covered by a two-year warranty, unless a particular product description in the online Store states a longer warranty period. The warranty does not cover damage caused by improper use, improper wash or maintenance, or mechanical damage.

7. The consumer may use the complaint form template provided here: https://dziendobrysklep.com/wp-content/uploads/2020/10/Formularz-reklamacji.pdf – although it is not obligatory.

8. The Consumer may contact the Seller both by post and via e-mail.

9. The Seller shall respond to the complaint submitted by the Buyer within 14 days after the date of complaint submission and by the same means of communication that were used to submit the complaint.

10. Details concerning the Seller’s warranty for defects are regulated by the provisions of the Civil Code (Articles 556 – 576).

§ 10
Personal data and cookies

1. The Buyer’s personal data collector is the Seller.

2. The Buyer’s personal data is processed for the following purposes (all are legitimate business interests) and on the following legal grounds:

1)registration on the website – article 6 (1) (b) of the GDPR,
2)management of the orders – article 6 (1) (b) of the GDPR,
3)settling payments – article 6 (1) (c) of the GDPR,
4)handling complaints – article 6 (1) (c) of the GDPR,
5)identifying a returning client – article 6 (1) (f) of the GDPR,
6)addressing buyers’ requests and providing support – article 6 (1) (f) of the GDPR,
7)sending the newsletter (only on the basis of the previously given consent) – article 6 (1) (a) of the GDPR.
3. Personal data recipients include courier companies, treasury offices, accounting firms, law firms, postal operators, hosting providers, or other subcontractors bound with the Seller by the entrustment agreement of personal data processing.
4. The Buyer’s personal data is stored in the Seller’s database at all times of business activity in order to ensure the identification of the returning customer, which the Buyer may oppose by requesting the removal of his/her data from the Seller’s database. If such an objection is made before the expiry of the period of limitation of claims from the concluded agreement, the Seller will have an overriding interest in storing the Buyer’s data until the expiry of the period of limitation of claims. The accounting documentation containing the Buyer’s personal data shall be kept for the period required by law.
5. Buyer’s rights as data subject: the right of access to personal data, right to rectification or erasure, right to restriction of processing, right to object, the right to data portability, right to lodge a complaint with your national Data Protection Commissioner.
6. Providing data is voluntary, but necessary to contact the Seller, conclude a contract, or sign up for the newsletter.
7. The Store uses cookies.
8. Details relating to personal data and cookies are described in the privacy policy available at https://dziendobrysklep.com/en/privacypolicy/.

§ 11
Alternative dispute resolution for Consumers

1. The Consumer has the possibility to settle disputes and settle complaints with the Seller out of court with the assistance of an impartial dispute resolution body. Among other things, the Consumer can:
1)apply to a permanent amicable consumer court to resolve a dispute arising from a concluded sales contract,
2)request the Provincial Inspector of the Commercial Inspectorate to initiate mediation proceedings to amicably end the dispute between the Buyer and the Seller,
3)use the assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
2. For more detailed information on out-of-court dispute resolution, the Consumer can check the following website https://polubowne.uokik.gov.pl.
3. The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract.

§ 12
Final provisions
1. The Seller reserves the right to introduce and cancel special offers and discount as well as to amend prices of products on the Store’s website without affecting the rights acquired by the Buyer including, in particular, the terms of contracts concluded before the amendment was made.

2. The Seller reserves the right to make changes in the Regulations. Sales contracts concluded before the amendment of the Regulations shall be governed by Terms and Conditions that were in force at the date of the contract conclusion. A Buyer who has a user account in the Store shall be informed about any changes to the Terms and Conditions via e-mail, at the address assigned to the user account. If the Buyer does not accept the amended Regulations, he/she may terminate the user account maintenance agreement with immediate effect (i.e. delete the user account) without incurring any costs.

3. Any disputes related to contracts concluded through the Store, shall be considered by the Polish common court with jurisdiction over the place of permanent business activity of the Seller. This provision does not apply to Consumers for whom the court’s jurisdiction is considered on general principles.

4. The Regulations shall enter into force on 06-05-2022