Terms of Use - dagabum

Thank you for visiting and shopping on my website. The store administrator and seller is Łukasz Nowakowski aka Nesterowicz, ul. Chełmżyńska 30, 04-247 Warsaw, NIP 5342175886 Below you will find the regulations, which contain information, among others. about the method of placing an order leading to the conclusion of the contract, details regarding the implementation of the concluded contract, forms of delivery and payment available in the store, the procedure for withdrawing from the contract, or complaint proceedings. If you have any comments, questions or doubts, we are at your disposal at lukasz@dagabum.pl Regards and happy shopping Dagabum online store team

§ 1

Definicje

For the purposes of these Regulations, the following terms shall have the following meaning:

Buyer – a natural person, a legal person or a defective legal person,
Consumer – a natural person concluding a sales contract with the Seller not directly related to its business or professional activity,
Regulations – these regulations, available at https://dagabum.pl/regulamin-sklepu,
Store – an online store operating at https://www.dagabum.pl,
Seller – Łukasz Nowakowski vel Nesterowicz, ul. Chełmżyńska 30, 04-247 Warsaw, NIP 5342175886

§ 2

Preliminary Provisions

Through the Store, the Seller conducts retail sales, while providing electronic services to the Buyers. Through the Store, the Buyer may purchase products shown on the Store’s website.
The terms and conditions define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and Buyers.
To use the Store, including in particular to make a purchase in the Store, it is not necessary to meet specific technical conditions by the computer or other device of the Buyer. Sufficient are:
1. Internet access,
2. standard operating system
3. standard web browser,
4. having an active e-mail address.
The Buyer cannot make a purchase in the Store anonymously or under a pseudonym..
It is forbidden to provide unlawful content when using the Store, in particular by sending such content via the forms available in the Store.
All product prices listed on the Store’s website are gross prices.

§ 3

Services provided electronically

Through the Store, the Seller provides electronic services to the Buyer.
The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Store.
If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting in setting up and maintaining an account in the Store. The account stores the Buyer’s data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and a password defined by him.
Setting up an account in the Store is done by checking the appropriate checkbox in the ordering process or by completing a separate account registration form available in the Store. The Buyer may delete the account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not delete information about orders placed using the account, which the Seller will store until the expiry of the limitation period for claims under the contract concluded via the Store / for the entire duration of the Store’s operation, unless the Buyer objects to storing this information earlier, and the Seller does not will have an overriding interest in their storage.
If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mails containing information about news, promotions, products or services of the Seller. Subscription to the newsletter is done by completing and sending the subscription form to the newsletter or by checking the appropriate checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.
Services are provided electronically to the Buyer free of charge. On the other hand, sales contracts, contracts for the supply of digital content and contracts for participation in stationary training and contracts for consultations concluded via the Store are payable.
In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
Any complaints related to the functioning of the Store may be submitted by the Buyer via e-mail to the e-mail address lukasz@dagabum.pl. In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will consider all complaints within 30 days of receiving the complaint and will inform the Customer about its settlement to the e-mail address of the complainant.

§ 4

Placing an order

The buyer can place an order as a registered customer or as a guest.
A registered customer is a Buyer who has an account in the Store. The Buyer may set up an account by ticking the appropriate checkbox in the ordering process or by completing a separate account registration form available in the Store.
If the Buyer has an account in the Store, he should log in to it before placing an order. Logging in is also possible when placing an order by clicking on the link available as part of the displayed message.
Placing an order is done by completing the order form after adding the products, digital content or services of interest to the Buyer’s basket. In the form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the method of delivery of the ordered products and the method of payment for the order are also selected. The condition for placing an order is acceptance of the Regulations, which the Buyer should read beforehand. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.
The ordering process is completed by clicking the order finalizing button. Clicking the button finalizing the order is a declaration of will of the Buyer leading to the conclusion of a sales contract with the Seller,
If the Buyer chose online payment when placing the order, after clicking the button finalizing the order, he will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer has chosen payment by bank transfer, after clicking the button finalizing the order, he will be redirected to the Store’s website with order confirmation and payment instructions. Payment for the order should be made within three days. from the conclusion of the contract.
In the order form, the Buyer must provide true personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raises the Seller’s reasonable doubts as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller’s doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer makes contact.
The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with section 7 above.

§ 5

Delivery and payment

The order delivery methods available for selection are described on the Store’s website and are presented to the Buyer at the stage of placing the order. The cost of delivery of the order is borne by the Buyer, unless the Seller indicates otherwise on the Store’s website. The Seller has the right to decide to divide the order into several separate shipments without incurring additional costs by the Buyer.
Available payment methods for the order are described on the Store’s website and are presented to the Buyer at the stage of placing the order.
Electronic payments, including card payments, are handled by www.przelewy24.pl
If the Buyer has asked for an invoice, it will be delivered to the Buyer electronically, to the e-mail address provided in the order form.

§ 6

Order fulfillment

Fulfillment of an order covering physical products consists in completing the ordered products, packing them for delivery to the Buyer and sending the shipment to the Buyer in accordance with the form of order delivery selected by the Buyer.
The order is considered completed when the shipment is sent to the Buyer (entrusting the shipment to the carrier engaged in the transport).
The order fulfillment time is always indicated for each product. The ordered products should be released to the Consumer within 30 days, unless a longer period has been clearly indicated by the Seller in the product description. In such a situation, by placing an order, the Buyer agrees to a longer order fulfillment period resulting from the product description.
If the Buyer ordered products with different delivery times, the deadline for the Seller to complete the entire order is the longest of all products included in the order, while the Seller may propose to divide the order into several independent shipments to speed up the delivery time for some products.

§ 7

Withdrawal from the order by the consumer

A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
Starting from 01/01/2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on Consumer Rights is also vested in a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it has a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the Consumer’s rights, starting from January 1, 2021, these rights also apply to a person meeting the above criteria.
To withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by an unequivocal statement – for example, a letter sent by post, fax or e-mail.
The consumer may use the model withdrawal form available at https://dagabum.pl/formularz-odstaczenia.pdf, however, it is not obligatory.
In order to meet the withdrawal deadline, it is enough for the Consumer to send information regarding the exercise of the Consumer’s right to withdraw from the contract before the withdrawal deadline expires.
The consumer is obliged to return the product to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he would collect the item himself. To meet the deadline, it is enough to send back the product before its expiry
The consumer bears the direct cost of returning the item.
In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available in the Store (if the cost was covered by the Consumer) immediately, and in any case not later than 14 days from the date on which the Seller was informed about the execution the right to withdraw from the contract. The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the form of payment refund.
If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of its return, depending on which event occurs first.
The consumer is liable for a decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.

§ 8

Liability for defects

The Seller is obliged to provide the Buyer with a defect-free product.
The Seller is liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).
If the sold product has a defect, the Buyer may:
1. demand replacement of the product with a defect-free one,
2. demand removal of the defect,
3. submit a price reduction statement,
4. submit a declaration of withdrawal from the contract.
If the Buyer finds a defect in the product, he should inform the Seller about it, at the same time specifying his claim related to the defect found or submitting a statement of appropriate content.
The Buyer may contact the Seller both by traditional mail and by e-mail.
The Seller will respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him using the means of communication with which the complaint was submitted.
Details regarding the Seller’s warranty for defects are regulated by the provisions of the Civil Code (Articles 556 – 576).
Details regarding the Seller’s warranty for defects are regulated by the provisions of the Civil Code (Articles 556 – 576).
Starting from 01/01/2021, the provisions regarding the Seller’s warranty for defects in the sold item regarding Consumers also apply to a natural person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he has no a person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§ 9

Personal data and cookies

The administrator of the Buyer’s personal data is the Seller.
The Buyer’s personal data is processed for the following purposes and based on the following legal grounds:
1. conclusion and performance of the contract – art. 6 sec. 1 lit. b GDPR,
2. fulfillment of tax and accounting obligations – art. 6 sec. 1 lit. c GDPR,
3. defense, investigation or determination of claims related to the contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
4. identification of the returning customer, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
5. handling inquiries sent by Buyers who have not yet concluded a contract, which is a legitimate interest pursued by the Seller – art. 6 sec. 1 lit. f GDPR,
6. sending the newsletter, after prior consent – art. 6 sec. 1 lit. and the GDPR.
The recipients of the Buyer’s personal data are: courier companies, tax offices, accounting office, law firm, hosting provider, invoicing system provider, CRM system provider, mailing system provider.
Due to the use of the MailChimp mailing system, personal data of Buyers who have subscribed to the newsletter are transferred to the United States of America (USA) in connection with their storage on servers located in the USA. The MailChimp system provider guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
The Buyer’s personal data is stored in the Seller’s database for the entire duration of business activity in order to ensure the possibility of identifying the returning customer, which, however, the Buyer may object to by demanding the removal of his data from the Seller’s database. If such an objection is submitted before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer’s personal data is stored for the period required by law. Data
The Buyer’s rights related to the processing of personal data: the right to request the Seller to access personal data, rectify it, delete it, limit processing, the right to object to the processing, the right to transfer data, the right to lodge a complaint to the President of the Office for Personal Data Protection.
Providing personal data by the Buyer is voluntary, but necessary to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter.
The store uses cookies technology.
Details related to personal data and cookies are described in the privacy policy available at https//dagabum.pl/privacy-policy

§ 10

Intellectual Property Rights

The Seller hereby instructs the Buyer that the content available on the Store’s website and elements of physical products (e.g. graphic designs) may constitute works within the meaning of the Act of February 4, 1994 on copyright and related rights, to which the Seller is entitled to copyright.
The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without the Seller’s consent, except for the use of the content as part of permitted personal use, is a violation of the Seller’s copyright and may result in civil or criminal liability.

§ 11

Out-of-court methods of dealing with complaints and pursuing claims

The seller agrees to submit any disputes arising in connection with the sale of goods to mediation. Details will be determined by the parties to the conflict.
The consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims. Among other things, the Consumer has the option of:
1. apply to a permanent amicable consumer court with a request to settle a dispute arising from the concluded sales contract,
2. apply to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,
3. use the assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection.
More detailed information on out-of-court methods of dealing with complaints and pursuing claims can be found on the website http://polubowne.uokik.gov.pl.
The consumer may 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 entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

§ 12

Final Provisions

The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
The Seller reserves the right to make changes to the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment to the Regulations. Buyers who have a registered user account will be informed of any changes to the Regulations by sending a message to the e-mail address assigned to the user account. If the new Regulations are not accepted, the Buyer may delete his user account free of charge.
Any disputes related to contracts concluded through the Store will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers, in the case of which the jurisdiction of the court is considered on general terms. Starting from 01/01/2021, this provision also does not apply to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the performed activity business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity – in the case of such a person, the jurisdiction of the court is considered on general terms.
These Regulations apply from March 21, 2022
All archival versions of the Regulations are available for download in .pdf format – links are below the Regulations.

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