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TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE BYDARIIADAY.COM ONLINE STORE

TABLE OF CONTENTS

  1. General Provisions
  2. Electronic Services Provided by the Online Store
  3. Terms of Concluding Sales Agreements
  4. Methods and Terms of Product Payments
  5. Costs, Methods, and Terms of Product Deliveries
  6. Product Complaints
  7. Extrajudicial Methods of Settling Complaints and Investigating Claims
  8. Right to Withdraw from an Agreement
  9. Provisions Regarding Entrepreneurs
  10. Personal Data – Cookies – Security
  11. Intellectual Property
  12. Newsletter
  13. Dispute Resolution
  14. Final Provisions
  15. Model Withdrawal Form

1. GENERAL PROVISIONS

1.1. The Online Store available at the address www.dariiaday.com is operated by BY DARIIA DAY DOROTA ŚLUSARCZYK, a business enterprise entered into the Central Registry and Information on Business of the Republic of Poland (PL-CEIDG), with an address of business operation at Otok 126, 59-700 Bolesławiec, Tax ID: 6120008332, REGON: 003284831. Contact email: contact@dariiaday.com.

1.2. These Terms and Conditions are intended for consumers, as well as entrepreneurs who use the Online Store unless a section is intended solely for consumers or entrepreneurs.

1.3. The Seller is the Controller of personal data processed in connection with the execution of the Terms and Conditions. Personal data is processed in accordance with the privacy policy available on the Online Store’s website.

1.4. Definitions:

  • WORKING DAY: Monday to Friday, excluding public holidays.
  • REGISTRATION FORM: An electronic form available at the Online Store for account creation.
  • ORDER FORM: An electronic form available in the Online Store for placing an order.
  • CUSTOMER: Any person or entity using the Online Store to enter into a Sales Agreement.
  • ONLINE STORE: The Seller’s store available at www.dariiaday.com.
  • SELLER/SERVICE PROVIDER: BY DARIIA DAY DOROTA ŚLUSARCZYK.
  • SALES AGREEMENT: A Product sales agreement concluded between the Customer and the Seller.
  • PRODUCT: A movable item available in the Online Store.
  • CONSUMER RIGHTS ACT: The Act of May 30, 2014 (Journal of Laws of 2014, pos. 827).
  • SITE: The website www.dariiaday.com hosted by Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.

2. ELECTRONIC SERVICES PROVIDED BY THE ONLINE STORE

2.1. The Online Store provides the following electronic services:

  • Order Form: Enables product selection and order placement.
  • Newsletter: Subscription-based email communication.

2.2. Use of the Online Store requires a compatible browser and enabled cookies.

2.3. Complaints related to electronic services can be submitted via email at contact@dariiaday.com.

2.4. The Seller ensures that all technical measures are in place to guarantee the security and functionality of the Online Store. The Customer is obligated to notify the Seller of any discrepancies or technical issues.

2.5. Customers must ensure they have the technical and IT resources to use the site securely, including ensuring their hardware is virus-free and capable of accessing the site.

3. TERMS OF CONCLUDING SALES AGREEMENTS

3.1. The Sales Agreement is concluded upon the Customer’s acceptance of the Seller’s offer by completing the Order Form and receiving order confirmation via email.

3.2. Prices displayed in the Online Store include applicable taxes and are presented in Polish Zlotys (PLN). Delivery costs are indicated during the order process.

3.3. The Customer is obliged to provide accurate and up-to-date information when placing an order. The Seller reserves the right to verify the data for the purpose of fulfilling the order.

3.4. Recording and provision of Sales Agreement content are secured within the Seller’s Online Store ICT system.

3.5. Products offered are described and presented as accurately as possible. However, minor deviations or updates may occur, and the Seller reserves the right to correct any errors or inaccuracies.

3.6. Customers must confirm their understanding of payment obligations when placing an order by explicitly accepting the Terms and Conditions and confirming the purchase.

4. METHODS AND TERMS OF PRODUCT PAYMENT

4.1. Payment methods include:

  • Bank transfer
  • Online payment via PayPal or other payment platforms available during checkout

4.2. Payment must be completed within three working days from the conclusion of the Sales Agreement unless otherwise agreed.

4.3. The Seller reserves the right to cancel orders that are not paid for within the stipulated time.

4.4. The Seller uses secure payment systems, including Stripe, to ensure confidentiality and encryption of payment information. The Seller does not store Customers’ financial data.

5. COSTS, METHODS, AND TERMS OF PRODUCT DELIVERIES

5.1. Delivery is available domestically and internationally, with costs specified during checkout.

5.2. Delivery times vary based on the product but do not exceed 25 business days unless otherwise indicated.

5.3. The Seller ensures packaging and dispatch of Products in accordance with industry standards to minimize the risk of damage during transit.

5.4. Customers are responsible for return shipping costs unless agreed otherwise with the Seller.

5.5. The Seller provides tracking information for shipments where applicable. Any delays or delivery issues should be reported immediately to facilitate resolution.

5.6. Delivery destinations may include additional customs duties or VAT, depending on the recipient country. These costs are the responsibility of the Customer.

5.7. Click-and-collect options are not currently available unless otherwise stated.

6. PRODUCT COMPLAINTS

6.1. Complaints can be submitted in writing to Otok 126, 59-700 Bolesławiec, or via email at contact@dariiaday.com.

6.2. Customers are recommended to include detailed information regarding the defect, supporting documentation (e.g., photos), and their preferred resolution.

6.3. The Seller shall address complaints within 14 calendar days from the date of submission.

6.4. If the complaint is justified, the Seller will rectify the issue through replacement, repair, or refund, as deemed appropriate.

6.5. Complaints must be submitted promptly upon discovery of a defect to ensure efficient processing.

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS

7.1. Information about alternative dispute resolution is available at https://uokik.gov.pl.

7.2. Customers can use the EU’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.

7.3. The Seller encourages resolving disputes amicably before pursuing formal legal avenues.

8. RIGHT TO WITHDRAW FROM AN AGREEMENT

8.1. A Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, except as specified below:

8.2. The withdrawal declaration may be submitted:

  • In writing at the address: Otok 126, 59-700 Bolesławiec.
  • Electronically via e-mail at the address: contact@dariiaday.com.

8.3. The course of the term to withdraw from the agreement begins:

  • For agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier.
  • For other agreements – on the agreement conclusion date.

8.4. The Seller is obliged to immediately, no later than within 14 calendar days from the receipt date of the Consumer’s declaration of withdrawal from the agreement, to refund all payments issued by the Consumer, including the Product’s delivery costs (except additional costs associated with the method of delivery selected by the Customer other than the least expensive regular method of delivery offered by the Online Store). The refund is made using the same method of payment unless the Consumer agrees otherwise.

8.5. The Consumer shall without delay, no later than within 14 calendar days from the withdrawal date, return the Product to the Seller or hand it over to a person authorized by the Seller, unless the Seller has offered to personally reclaim the Product. The return should be sent to Otok 126, 59-700 Bolesławiec.

8.6. The Consumer bears responsibility for degradation of a Product’s value due to use beyond the scope necessary to determine the Product’s nature, features, and functioning.

8.7. Possible costs associated with withdrawal:

  • If the Consumer selected a delivery method other than the least expensive regular delivery method offered by the Online Store, the Seller is not obliged to refund the additional costs.
  • The Consumer bears the direct costs of returning the Product.

8.8. The right to withdraw from an agreement concluded remotely does not apply in the case of:

  • Custom-made or personalized items.
  • Items delivered in sealed packaging that cannot be returned due to health protection or hygiene reasons, if the packaging was opened upon delivery.
  • Digital content not recorded on a physical carrier, where performance has begun with the Consumer’s prior express consent.

9. PROVISIONS REGARDING ENTREPRENEURS

9.1. Risk and responsibility for product damage pass to the Entrepreneur upon delivery to the carrier.

9.2. Entrepreneurs waive some consumer rights, including warranties, unless agreed otherwise.

9.3. Entrepreneurs are required to inspect the Products upon delivery and report any issues immediately.

10. PERSONAL DATA – COOKIES – SECURITY

10.1. PERSONAL DATA

The Company attaches great importance to respecting privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.

As part of the provision of the Products, the Company collects personal data from Customers, including:

  • Email address
  • First name
  • Last name
  • Postal and delivery address
  • Country
  • Phone number
  • Consumption data

The Company collects and processes Customers' personal data for the following purposes:

  • Provision of Products and services on the Site;
  • Order management;
  • Returns management, exercising the right of withdrawal, payment, invoicing, reimbursement, etc.;
  • Information about the Company, its services, and activities;
  • Response to Customer questions or complaints;
  • Development of statistics;
  • Management of unpaid debts and disputes.

Data relating to the management of Customers' personal data is retained for the period strictly necessary as defined by applicable laws.

Personal data is processed by the Company's sales department and partner companies and subcontractors. It may also be communicated to administrative and judicial authorities when required.

The Company ensures adequate precautions to secure personal data against unauthorized access, alteration, or loss.

10.2. COOKIES

The Company uses cookies to improve the browsing experience and functionality of the Online Store. Customers are informed of the use of cookies upon visiting the website and may manage their preferences through browser settings.

10.3. SECURITY

Customers agree not to undermine the security of the Online Store, including any unauthorized attempts to access the site or interfere with its operations. Breaches may result in legal actions.

11. INTELLECTUAL PROPERTY

All content on the Online Store, including but not limited to text, graphics, logos, images, and software, is the property of the Seller or its licensors and is protected by intellectual property laws. Unauthorized use or reproduction is prohibited.

12. NEWSLETTER

12.1. By subscribing to the Newsletter, Customers agree to receive promotional and informational content from the Seller. Customers may unsubscribe at any time by following the link provided in each email.

12.2. The Seller reserves the right to modify the content and frequency of newsletters without prior notice.

13. DISPUTE RESOLUTION

13.1. In the event of disputes, the Customer is encouraged to contact the Seller at contact@dariiaday.com to seek an amicable resolution.

13.2. If an amicable resolution cannot be reached, the Customer may submit the dispute to a mediation body or use the EU Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.

13.3. Disputes arising from these Terms and Conditions shall be governed by Polish law and resolved by competent courts in Poland.

14. FINAL PROVISIONS

14.1. These Terms and Conditions are governed by Polish law.

14.2. Amendments to these Terms and Conditions will be communicated via email or website updates.

14.3. In case of any discrepancies between translations of these Terms and Conditions, the Polish version shall prevail.

15. MODEL WITHDRAWAL FORM

Recipient:
BY DARIIA DAY DOROTA ŚLUSARCZYK
Otok 126, 59-700 Bolesławiec
contact@dariiaday.com

I/We hereby declare the withdrawal from the Sales Agreement for the following products:

  • [Product Name]

Order Date: [Date]
Customer Name: [Name]
Customer Address: [Address]

Signature: (only for paper forms)
Date: [Date]