Terms & Conditions
Definitions used in the Terms and Conditions
- Terms and Conditions
- This document specifying, in particular, terms and rules regarding the sale of products by the Store, hereinafter referred to as the "Terms and Conditions".
- An online store operating at https://dadastudio.pl, selling products described in the Terms and Conditions via the Internet. The proprietor of the store is Dada Studio Michał Jarociński (hereinafter also referred to as the "Seller") entered into the Central Registration and Information on Business Record kept by the minister in charge of economy, with the place of business and address for service at: Miła 5a, 05-082 Babice Nowe, Poland, NIP PL9511919298, REGON 016268575, e-mail address: firstname.lastname@example.org, phone number: +48 501 160 590.
- A distance sales contract made between a person placing an order, hereinafter referred to as the Buyer, and the Seller. The contract is made as a result of placement of an order (following the acceptance of these Terms and Conditions and giving consent to processing of personal data of the Customer), and after receiving an order acceptance confirmation at the specified e-mail address, and the conclusion of the sales contract is tantamount to the conclusion of the contract for the use of a work or its particular parts within the scope and on conditions specified in a relevant licence. The information included on web pages of the Store only encourage to conclude a contract as defined in the Civil Code.
- A natural person with full capacity to perform legal transactions, a legal person or an organizational unit without legal personality, which has been granted the legal capacity by virtue of statutory law, fulfilling the Terms and Conditions, making a purchase in accordance with the rules specified in the Terms and Conditions.
- A Customer being a natural person who performs a legal transaction for the purposes that are not directly related to their business or professional activities.
- A sequence of actions, in particular: filling in a registration form available on the website of the Store, verification of data provided by the Customer by e-mail, reading these Terms and Conditions and giving consent to collection and processing of personal data of the Customer within the scope specified in these Terms and Conditions.
- Electronic service
- A service rendered via the Internet by the Service Provider for the benefit of the Service User by means of the Online Store.
- Service User
- A natural person with full capacity to perform legal transactions, a legal person or an organizational unit without legal personality, which has been granted the legal capacity by virtue of statutory law, that uses or intends to use the Electronic Service.
- Order Form
- An Electronic Service, an interactive form available on the website of the Store that allows a Customer to place an Order, in particular, by adding Products to an electronic shopping cart and by specifying terms and conditions of the Sales Contract, including the manner of delivery and payment. A Customer starts using the Order Form by adding the first Product to the electronic cart in the Store. The Order placement process consists of two steps to be made by the Customer – (1) filling in an Order Form and then (2) clicking on the box "Order with obligation to pay" – up to this moment any modification of the provided data is possible (to do this, follow the displayed messages and information available on the website of the Store). The Customer shall bear full responsibility for the correctness of data entered into the Order Form.
- A declaration of intent made by the Customer by means of the Order Form, aimed at the conclusion of the Product Sales Contract with the Seller.
- Registration Form
- A form available on the website of the Store, allowing the creation of an Account.
- Account – Electronic Service
- A set of resources in the IT system of the Service Provider, with an individual name (login) and a password provided by the Service User, in which data provided by the Service User and information on Orders placed in the Online Store are collected. The Service User may, at any time and without providing reasons, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: email@example.com or in writing to the following address: Miła 5a, 05-082 Babice Nowe, Poland.
- Newsletter – Electronic Service
- An electronic distribution service rendered by the Service Provider by e-mail, which enables all the Service Users that use this electronic service to receive automatically from the Service Provider successive editions of a newsletter, which is issued periodically and includes information on Products, new products and special offers in the Online Store.
- Civil Code
- The Act of 23 April 1964, the Civil Code (Dz.U. [Journal of Laws] No. 16, item 93, as amended).
- A set of fonts of certain characteristics recorded in an electronic form, in one file or in several files (.otf and/or .woff and .eot – in the case of licences for the use on websites), constituting digital content and a work as defined in the Act on Copyright and Related Rights of 04 February 1994 (consolidated text of 2006, No. 90, item 631, as amended), being an object of the Sales Contract made between the Customer and the Seller together with the authorization to use a work or its particular parts within the scope and on conditions specified in a relevant licence.
- Terms and Conditions
- This document specifying, in particular, terms and rules regarding the sale of products by the Store, hereinafter referred to as the "Terms and Conditions".
- Act on Rights of Consumers/the Act
- The Act on Rights of Consumers of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
- A copyright authorization to use the Product granted by the Store (hereinafter referred to the "Licensor") within the scope specified in a separate document, granted in accordance with a sales contract (use within the specified fields of exploitation by a limited number of users, use on websites with a certain number of page views, use in a certain number of electronic publications or/and server use).
- A Customer that concluded a sales contract with regard to the Product with the Store, which is tantamount to granting authorization to use the Product within the scope and on conditions set forth in a separate document – the Licence Terms and Conditions.
- Forms of Payment
Methods of payment made by the Customer of an amount resulting from the sales contract by electronic payment and credit card via websites run by the following entities:
- PayU.pl (electronic payments, payments by card and credit card run by PayU S.A. with its registered seat in Poznań at ul. Grunwaldzka 182, 60-166 Poznań, entered into the Business Register of the National Court Register under the number 0000274399, share capital equal to PLN 4,000,000 paid in full, NIP [tax identification number]: 779-23-08-495).
- PayPal (payment services provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg under the number B 118 349, with its registered seat in Luxembourg, L-2449, licensed as a credit institution of Luxembourg as defined in Article 2 of the Act on Financial Sector of 5 April 1993).
- Regulations included in the Terms and Conditions specify the scope and conditions of the use of services of the Store by the Customer.
- By the registration or/and ordering goods without registration, the Customer declares that he/she accepts the Terms and Conditions in full.
- The Terms and Conditions concerning the right of withdrawal and complaints apply only to Consumers, that is Customers who are not business owners as defined in the Freedom of Business Activity Act of 2 July 2004 (i.e. of 14 October 2010 Journal of Laws No. 220 item 1447) or Customers that purchase goods for the purposes not related to their business or professional activity.
- The Store and third parties are allowed to display advertisements on the Store's website. Advertisements will be displayed as part of the Store's business activity.
By accepting the Terms and Conditions, the Customers give their consent for the Store to process their personal data pursuant to the Personal Data Protection Act of 29 August 1997 (Journal of Laws No. 133, item 883, as amended) and the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144 item 1204, as amended):
- for the purpose of providing electronic services by the Store,
- for marketing purposes (consent to receive commercial information concerning products sold by the Store and entities cooperating with the Store).
- When registering, the Customer is asked to confirm the consent referred to in point 5 of this Section as well as the consent to receive commercial information from the Store by e-mail, pursuant to the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144 item 1204, as amended).
- Customers have the right to access their personal data and to request that they be corrected or deleted.
- The administrator of personal data is Dada Studio Michał Jarociński entered into the Central Registration and Information on Business Record kept by the minister in charge of economy, with the place of business and address for service at: Miła 5a, 05-082 Babice Nowe, Poland, NIP PL9511919298, REGON 016268575, e-mail address: firstname.lastname@example.org, phone number: +48 501 160 590.
Sales Conditions Order processing
- Orders placed by Customers are accepted via the website https://dadastudio.pl 7 days a week, 24 hours a day.
In order to place an order, the Customer is required to perform the following subsequent actions:
- register on the website of the Store, unless the Customer opts for purchase without registration,
fill in the Order Form by:
- choosing a particular Product(s) and selecting the scope of use of a Product(s), which determines the type of a licence and the price of a Product (use by a limited number of users, use on web pages with a certain number of page views, use in a certain number of electronic publications or/and server use);
- providing details required for payment: name of a company/name and surname of the Customer, e-mail address, address details (street, house/flat number, post code, town/city, country) as well as data concerning the Sales Contract, in particular details of a licensee. Customers that are not consumers are required to provide the name of a company and NIP number [tax identification number] and to submit a declaration by selecting an appropriate check box in the Order Form that the data provided are true and in conformity with the current legal status;
- selecting the method of payment: credit card, paypal or payu;
- accepting these Terms and Conditions as well as the licence terms;
- submitting a declaration by selecting an appropriate check box in the Order Form that the Customer has read the information made available by the Store that if he receives the digital content before the withdrawal period expires, he will no longer have the right to withdraw from the contract;
- giving consent, by selecting an appropriate check box in the Order Form, to receive digital content that is not recorded on any tangible data storage device before the withdrawal period expires;
- verify and confirm an order summary containing, in particular, information on the Product(s) ordered, a total price of the Product(s), information on loss of the right to withdraw from the contract, data provided by the Customer, specified in point 3.2.2 above, the selected method of payment. If all the data and information specified in the previous sentence correspond to the information provided by the Customer, the Customer should click on "Order with obligation to pay" to complete the Order Form and place the Order.
- Having done all the actions specified in point 3 above, the Customer will be automatically redirected to the site of the payment service provider selected when choosing the Method of Payment.
- The order will be processed when the Store receives from the payment service provider the confirmation that the payment was effected.
When the Store receives the confirmation of payment, the Customer will be able to download the purchased Product(s) from the website of the Store. The Store will send an e-mail to the e-mail address given by the Customer, which will include:
- confirmation of receipt of payment,
- information on the manner of downloading the digital content.
- If it is not possible to process a given Order, the Store shall notify the Customer of an ensuing circumstances by sending an e-mail to the e-mail address provided by the Customer. If the Customer has already paid for the ordered Product(s), the Store shall pay the money back. The Seller shall refund the money by means of the same method of payment as it was used by the Customer, unless the Customer expressly agreed to another form of payment, which will not entail any additional costs.
All the prices of Products are presented on the website of the Store:
- they are given, after selecting the right option, in Polish zlotys, euro, US dollars, pound sterling,
- they include VAT at the rate applicable in the Customer's country (indicated by the Customer in the Order Form),
- they do not include any information concerning possible customs duties.
- The Store shall reserve the right to change prices of Products, start and cancel promotional sales and closeout sales or to make changes to them. The above-mentioned provision does not affect prices of goods in orders placed before the changes in prices, the conditions of promotional sales or closeout sales became effective.
- Promotional offers cannot be combined unless the regulations of a given promotional offer provides otherwise.
Methods of Payment
- The method of payment is selected by the Customer from among the options available at the moment of placing an order on the website of the Store by selecting an appropriate check box.
- In the case of some Products, the Store shall reserve the right to exclude some forms of payment.
- The Store is obliged to provide the Customer with a Product without any defects and consistent with the accepted order.
- Complaints are processed within 14 calendar days.
- If the product delivered is defective, the Customer shall have the right to receive the same Product with defects removed or to have the Product replaced with a new one, without any defects.
- Complaints shall be submitted to the address specified in the definition of the Store.
- The Store shall send an answer to the complaint within 14 days of the date of receiving the complaint and notify the Customer of further actions to be taken. If the complaint is accepted, the defective Product shall be repaired or replaced with another one, in a perfect condition. If it is not possible, the Store shall give the Customer the equivalent amount of money or offer other goods available in the Store to choose from.
The Right of Withdrawal
- The Customer shall not have the right to withdraw from the contract in respect of a contract for the provision of digital content that was not recorded on any tangible data storage device if the performance of the service began, upon the express consent given by the Consumer, prior to expiry of the withdrawal period, having been informed by the Store of the loss of the right to withdraw from the contract (pursuant to Article 38 of the Act on Consumer Rights of 30 May 2014 – consolidated text of 24 June 2014, Journal of Laws of 2014, item 827).
- In the event that the Store is obliged to refund the money paid by the Customer to the account of the Store, the refund shall be initiated within 7 business days.
- If the Customer paid by a card or transfer, the refund shall be credited to the credit card account or the bank account from which the payment was made. If the Store is unable to identify the bank account from which the payment was made due to the reasons beyond the control of the Store, the refund shall be credited to the account specified by the Customer. The Store shall reserve the right to verify the identity of the Customer requesting the refund.
Registration of Customers and Downloading Digital Content
- To make a purchase, the Customer shall register by filling in an appropriate registration form available on the website of the Store. As part of the Registration process, the Customer is required to give consent to the collection and processing of personal data of the Customer and to read and accept these Terms and Conditions. The Store shall have the right to give Customers discounts and rebates.
- Customers shall be obliged to provide true and correct personal data during the registration process and to update them immediately if they are changed. The Store shall bear no responsibility for any consequences of failing to comply with the above-mentioned requirements.
- The digital content that has been bought and paid for shall be made available to the Customer after logging into the Store; they amy be downloaded after receipt of the confirmation of payment.
- In the event that the digital content consists of more than one file, the number of files to be downloaded will be displayed.
- It is recommended that the Customer record the digital content on a data storage device after making a purchase. The Store does not provide services of storing the purchased digital content.
- All the digital content offered by the Store is protected pursuant to the Act on Copyright and Related Rights of 04 February 1994 and it may be used only in accordance with these Terms and Conditions and the licence.
- The Customer shall have the right to use the purchased digital content solely in accordance with the generally applicable law and the scope of the licence granted when purchasing the Product.
- The Customer shall be obliged to ensure that the digital content is not used by unauthorized persons in violation of the law, these Terms and Conditions and provisions of the licence.
Responsibility of the Store
- The Store shall make every effort to ensure that the Web Portal operates correctly in terms of technical, formal and legal requirements and, in particular, it makes reasonable efforts to prevent third parties from accessing the Customer's data. For this purpose, the Store uses appropriate technical security systems.
- The Store shall bear no responsibility for any disruptions attributable to force majeure.
- The Store shall pay particular attention to the protection of privacy of its Customers.
- The Store shall carefully select and use appropriate technical and organizational measures to protect the processed data and, in particular, the Store shall protect data from unauthorized disclosure as well as processing them in violation of applicable legal regulations.
- For statistical purposes and in order to ensure the highest quality of services, the Store uses the information saved by the server on the Customer' device, which are later read each time a web browser is connected to the Internet (the so-called cookies). The Customer may at any time change settings of a web browser so that it will not accept such files or inform if they are transferred. However, one should keep in mind that not accepting cookies may cause difficulties in using the services of the Store.
- Cookies do not contain any data that allow the identification of the Customer. They are not detrimental to the Customer's device in any way and do not change its settings nor settings of the software installed on it. Reading the contents of these files is possible only by the server that created them.
- When the Customer uses the services of the Store, two types of cookies are used: session cookies and persistent cookies. Session cookies are temporary files, stored in the Customer's device until the Customer logs out of the Store, leaves the Store or closes the web browser. Persistent cookies are stored in the Customer's device for the time defined in the parameters of cookie files or until they are deleted.
- The Store shall reserve the right to change prices of Products offered by the Store, introduce new Products to the offer of the Store, start and cancel promotional sales on web pages of the Store or introduce changes to them. The above-mentioned provision does not affect prices of goods in orders placed before the changes in prices, the conditions of promotional sales or closeout sales became effective.
- The Store shall reserve the right to change these Terms and Conditions. Any possible changes become effective from the date when a new version of the Terms and Conditions is available on the website of the Store. The amended provisions apply to Customers that place their orders after the date when the changes become effective.
- In the case of Customers who use the website of the Store as Consumers, any possible changes made as a result of changes in legal regulations, the case law or a decision of the President of the Office for Competition and Consumer Protection apply to them from the moment they are notified of such a change and allowed to familiarize with it. A new version of the Terms and Conditions will be made available on the website of the Store.
- The Store will have the following e-mail address to be used for the purpose of correspondence: email@example.com, and the correspondence address specified in the definition of the Store.
- Invoices for the amounts due resulting from individual arrangements of Parties may be sent in a paper or electronic form.
- By accepting provisions of these Terms and Conditions, the Customer agrees to receive electronic invoices as defined in the Regulation of the Minister of Finance of 17 December 2010 on sending electronic invoices, rules of their storage and the manner of presentation to tax or fiscal authorities (Journal of Laws No. 249 item 1661).