Terms and Conditions

Regulations of the Online Store - www.dotberry.pl

I. General provisions

These Regulations define the general conditions and method of providing Services electronically, providing Digital Content and sales conducted via the Online Store www.dotberry.pl . The store is run by Dorota Sobusiak-Fajer, running a business under the name DOROTA SOBUSIAK-FAJER, entered into the register of entrepreneurs of the Central Registration and Information on Economic Activity kept by the minister responsible for economy at ul. Luba 10, 60-587 Poznań, NIP 9720895975, REGON 301388037, hereinafter referred to as the Seller.
Contact with the Seller takes place via:
e-mail address: biuro.dotberry@gmail.com;
by phone: +48 604790089;
contact form available on the Online Store website.
chat available on the store website;
These Regulations are continuously available on the website www.dotberry.pl, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a medium at any time.
The Seller informs that the use of Services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.

II. Definitions

The terms used in the Regulations mean:

Update - modification of the Digital Content, including its security features, which is necessary to maintain compliance of the Digital Content with the Agreement;
Working days - these are days from Monday to Friday, excluding public holidays;
Customer – a person who is a consumer within the meaning of Art. 22[1] of the Civil Code who places an Order in the Online Store or uses other Services available in the Online Store;
Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Account - a part of the Online Store allocated to a given Customer, through which the Customer can perform specific activities within the Online Store;
Regulations – this document;
Digital content – digital content within the meaning of the Consumer Rights Act;
Agreement for the supply of digital content - Agreement for the supply of digital content within the meaning of the Act on Consumer Rights, concluded between the Seller and the Customer;
Services - services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act - Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Copyright Act - Act of February 4, 1994 on copyright and related rights (Journal of Laws 1994, No. 24, item 83, as amended);
Order - the Customer's declaration of will, aimed directly at concluding an Agreement for the supply of Digital Content, specifying in particular the type and number of Digital Content.

III. Rules for using the Online Store

Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
computer or mobile device with Internet access,
access to e-mail,
Microsoft Edge web browser version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x. or newer,
enabling Cookies and Javascript in the web browser.
Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Store.
The customer is obliged in particular to:
not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
not to take actions such as: sending or posting unsolicited commercial information in the Online Store (spam),
use the Online Store in a way that is not inconvenient for other Customers and the Seller,
use all content posted in the Online Store only for your own personal use,
use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

IV. Services

The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or uses the "Delete Account" button.
The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, you must provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The customer may withdraw consent to sending commercial information at any time. The contract for the provision of the Newsletter Service is concluded for an indefinite period and is terminated when the Customer sends a request to remove his e-mail address from the Newsletter subscription or unsubscribe using the link included in the content of the message sent as part of the Newsletter Service.
The Customer has the option of sending messages to the Seller using the contact form. The contract for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a fixed period of time and terminates when the Customer sends a message.
The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among others: to Digital Content or transaction flow. By adding statements, the customer declares that he or she has all rights to this content, in particular copyrights, related rights and industrial property rights. The contract for the provision of the service consisting in posting opinions about Digital Content in the Online Store is concluded for a fixed period and terminates when the opinion is added.
Statements should be drafted in a transparent and understandable manner, and may not violate applicable law, including the rights of third parties - in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. The posted statements are distributed on the Online Store's websites.
By posting a statement, the Customer consents to the free use of this statement and its publication by the Seller, as well as the preparation of studies of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83).
The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
If the Customer violates the provisions of these Regulations, the Seller, after an ineffective request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Digital Content

Information about Digital Content on the Store's websites, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
All Digital Content available in the Online Store is protected by copyright, including the proprietary copyright of the Seller, and has been legally introduced to the Polish market.
The Seller declares that, depending on the Digital Content available in the Store, he has the right to grant a license or further license to use the Digital Content, in accordance with the Act on Copyright and Related Rights.
The Seller informs the Customer on the Store's website, in the description of the Digital Content, about the technical requirements necessary to integrate the Digital Content with the Consumer's digital environment, including the functionality, compatibility and interoperability of the Digital Content.
The Customer receives access to the Digital Content by providing the Digital Content in the form of a link to download the digital content to the e-mail address provided when placing the order, after the Seller receives information from the settlement agent's system about the payment, unless the Customer and the Seller have agreed on a different date.
The contract for the supply of Digital Content is concluded for a fixed period of time and terminates upon the expiry of the period for which it was concluded. The term referred to in the previous sentence is always indicated by the Seller on the Store's website in the description of the Digital Content.
The Seller undertakes to provide the Customer with Digital Content Updates for 2 years from the date of delivery of the Digital Content, unless the Customer and the Seller have individually agreed a different date.
As part of the conclusion of the Agreement for the supply of Digital Content, the Seller grants the Customer a free, non-exclusive license for an indefinite period of time to use the Digital Content (hereinafter referred to as the "License Subject") in the fields of exploitation (hereinafter referred to as the "License"). The Service Provider grants the User a License to use the License Subject in the following fields of use:
entering into the memory of the Client's computer;
use in any form only for the Client's own needs.
The Seller declares that he has the right to all License Subjects, in particular property rights, related rights and industrial property rights.
The Customer is not entitled to grant sublicenses within the scope of the Licenses granted in accordance with this point of the Regulations.

VI. Procedure for concluding an Agreement for the supply of digital content

All Digital Content available in the Online Store complies with the Agreement and has been legally introduced to the Polish market.
If the Seller uses mechanisms for individual price adjustments based on automated decision-making, I always provide this information to the Consumer when placing the Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data.
The condition for placing an Order is to have an active e-mail account.
If an Order is placed via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude an Agreement for the supply of digital content that is the subject of the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, an Agreement for the supply of digital content is concluded.
The sales contract is concluded in Polish, with content consistent with the Regulations.

VII. Delivery

The delivery of Digital Content is carried out via e-mail to the address provided by the Customer when placing the Order.
The Seller provides the Customer with proof of concluding the Agreement for the supply of digital content.
If the implementation period for the Digital Content covered by the Order is different than that indicated in point VIII point 2 of the Regulations, the longest period applies to the entire Order.

VIII. Prices and payment methods

Prices for Digital Content are given in Polish zloty and include all components, including VAT, customs duties and other fees.
The Customer may pay for the order via electronic payments (in this case, the execution of the Order will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after completing the Order. ).
On the Store's website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Seller, after an ineffective request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.

IX. The right to withdraw from the Agreement

The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within the time limit of the digital product at the time of payment, there must be acceptance of the withdrawal within 14 days. To meet this deadline, it is enough to send a declaration before its expiry.
The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website.
The term digital product at the time of payment must be an acceptance that the waiver is 14 days - the day is counted from the day on which the Digital Content was delivered or, in the case of a Service Agreement, from the date of its conclusion.
Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer's e-mail address.
The right to withdraw from the Agreement by the Consumer is excluded in the case of:
Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the provision of the service by the entrepreneur, he will lose the right to withdraw from the contract, and accepted this to the news;
an Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
Agreements in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;
Contracts in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
An agreement in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
Contracts in which the subject of the provision are products which, after delivery, due to their nature, are inseparably connected with other things;
Agreements in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
Agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
Contracts in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
Agreements the subject of which is the delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
Agreement concluded by public auction;
Contracts for the provision of services for which the Consumer is obliged to pay the price, where the Consumer has expressly requested the Seller to come to him for repairs and the service has already been fully performed with the Consumer's express and prior consent.
Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
Contracts for the supply of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract, and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act.
Other exceptions to the right to withdraw from the Agreement are indicated in Art. 38 of the Consumer Rights Act.
After the Consumer withdraws from the Agreement for the supply of Digital Content, at the Consumer's request, the Seller provides him/her with content other than personal data that was provided or created by the consumer in the course of using the Digital Content provided by the Seller free of charge, within a reasonable time and in a commonly used format. machine-readable, except:
where they are only useful in connection with the Digital Content that was the subject of the contract;
those that concern only the Consumer's activity when using the Digital Content by the Seller;
when they have been combined by the Seller with other data and cannot be separated from them or can only be separated with disproportionate efforts.
The Consumer has the right to recover from the Seller the Digital Content referred to in point. 6 above, free of charge, without any obstacles on the part of the Seller, within 14 days in CSV or other commonly used, machine-readable format.
After the Consumer withdraws from the Agreement for the supply of Digital Content, the Seller has the right to prevent the Consumer from further using the digital content, in particular by preventing the Consumer from accessing the digital content.
In the event of withdrawal from the Agreement for the supply of Digital Content, the Consumer refrains from using this Digital Content and from making it available to third parties.

X. Complaints regarding Digital Content

The Seller undertakes to provide Digital Content in accordance with the Agreement
The Seller is liable for the non-compliance of the Digital Content with the contract on the terms set out in the Act on Consumer Rights towards the Customer who is a Consumer and the Customer who is a natural person concluding an Agreement directly related to his business activity, when the content of this Agreement shows that it does not have any character for this person. professional, resulting in particular from the subject of her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Complaints resulting from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following address: DOROTA SOBUSIAK-FAJER, ul. Luba 10, 60-587 Poznań, to the e-mail address: biuro.dotberry@gmail.com, telephone number +48 604790089.
The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
In connection with considering the complaint and determining whether the lack of compliance of the Digital Content with the contract results from the features of the Customer's digital environment, the Customer is obliged to cooperate with the Seller. The Seller will ensure that this cooperation is carried out within a reasonable scope and using the least burdensome technical measures for the Consumer.

XI. Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to the following address: DOROTA SOBUSIAK-FAJER, ul. Luba 10, 60-587 Poznań, to the e-mail address: biuro.dotberry@gmail.com, telephone number +48 604790089.
In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days from the date of its receipt. If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.

XII. Out-of-court methods of resolving complaints and pursuing claims

The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
is entitled to apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;
submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy, available on the Store's website.

XIV. Final Provisions

All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified and in accordance with Regulations.
The provisions relating to the Consumer contained in these Regulations regarding withdrawal from the contract and complaints apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. Provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.