Online store regulations
ONLINE STORE REGULATIONS [danbi]
§1 General provisions
§ 2 Definitions
§ 3 Rules for using the Online Store
§ 4 Conditions for concluding a sales contract
§ 5. Payment Method and Due Date. Transaction Documentation.
§ 6 Delivery
§ 7 Consumer right (EEA) to withdraw from the contract without giving a reason
§ 8 Non-conformity of the physical Goods with the contract.
§ 9 Other Complaints
§ 10 Digital Content and Digital Services
§ 11 Copyright to Digital Content
§ 12 Rules for publishing opinions
§ 13 Content of the Online Store. Materials published by Users
§ 14 Product Liability and Safety
§ 15 Personal data
§ 16 Dispute resolution
§ 17 Final provisions
Appendix No. 1 to the Regulations - Sample withdrawal form
Appendix No. 2 to the Regulations - Complaint form
§1 General provisions
1. The Regulations govern the use of the Online Store at [danbi.pl]. They do not apply to purchases in a stationary store.
2. The online store is run by MFY Magdalena Łaszewicz, ul. Wiejska 2, 57-402, Nowa Ruda, under the Tax Identification Number (NIP): 8851644871, National Business Registry Number (REGON): 52456456000000 .
3. Contact details of the Seller enabling contact with the Seller:
a. postal address: ul. Wiejska 2, 57-402, Nowa Ruda
b. telephone and/or fax number: tel.: +48600649184
c. e-mail address: contact@danbi.pl
4. The Online Store's Terms and Conditions are continuously posted on the website [www.danbi.pl] in a manner enabling Users to obtain, reproduce, and record their contents. The Terms and Conditions are also made available to Users before concluding a contract via the Online Store.
5. Through the Online Store, the Seller may offer Products that may include Physical Goods, Digital Content, Goods with digital elements and Services, including Digital Services.
6. The Seller informs that, despite making every effort to ensure the highest level of security for Users, the use of the Online Store may potentially involve, among others, risks in the form of:
a. the possibility of the User's device from which he or she accesses the Online Store and Products being infected with malicious software - in order to avoid the risks associated with this, it is recommended to install antivirus software and update it on a regular basis,
b. the possibility of disclosure of User data or unauthorized access to the User Account - in order to avoid this threat, the User should take the necessary measures to keep the login details to the User Account confidential, and appropriately secure the User's device from which he or she accesses the Online Store and Products against access by third parties (e.g. by setting a password or access code for the device, or using biometric methods of access verification).
7. The Seller reserves the right to interrupt access to the Online Store or parts thereof for maintenance or modification purposes, to remove faults, incorrect or outdated information, to update or change the graphic design of the Online Store, as well as interruptions resulting from reasons beyond the Seller's control. The Seller will make every effort to keep these interruptions as short as possible; however, to the extent permitted by law, the Seller is not liable for the consequences of such interruptions.
§ 2 Definitions
1. The terms used in these Regulations mean:
a. AUC – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act);
b. EEA – means the European Economic Area;
c. Product Card - a separate part or subpage of the Online Store containing a description of a specific Product,
d. Civil Code – Act of 23 April 1964, Civil Code (current DZU),
e. Consumer - A User who, as a natural person, enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity. Entrepreneurs running a sole proprietorship and concluding non-professional contracts resulting from the subject of their business activity ( Entrepreneurs with Consumer Rights ) will also be considered a Consumer within the meaning of these Regulations.
f. User Account - A set of resources and permissions assigned to a specific User, secured with a unique name (login) and password (login details), within which the User may, but does not have to, among other things, receive personalized discounts, track the status of the Order, enter and save his/her data and preferences, and have access to the Order history,
g. Buyer – User who placed an Order in the Online Store,
h. Materials – all content, including data, information, files, photos, texts, ratings, comments created by the User in the Online Store or posted by the User in the Online Store,
i. Copyright - Act of 4 February 1994 on Copyright and Related Rights (current Journal of Laws),
j. Products – all services (Services) and goods (Goods), including Physical Goods and Digital Content as well as Traditional Services and Digital Services that are the subject of the agreement between the seller and the User, sold in the Online Store,
k. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity,
l. Regulations – this document, which regulates in particular the conditions for concluding contracts via the Online Store,
m. Online store – online store operated at www.danbi.pl
n. Seller - MFY Magdalena Łaszewicz, ul. Wiejska 2, 57-402, Nowa Ruda, NIP: 8851644871, REGON: 52456456000000 .3
o. Physical Goods - a tangible item that is the subject of a contract in the performance of which the Seller issues an item and is obliged to transfer its ownership, which can be purchased in the Online Store (e.g. cosmetics),
p. Goods with digital elements - Physical Goods that can be purchased in the Online Store, containing Digital Content or a Digital Service or connected to them in such a way that the lack of the digital content or digital service would prevent its proper functioning.
q. Digital Content - data produced and delivered in digital form, e.g. e-books, visual notes, checklists, which can be purchased in the Online Store,
r. Digital Service - A service that allows the generation, processing and storage of data or access to them in digital form, which can be purchased in the Online Store,
s. Traditional Service - A Service that is not a Digital Service that can be purchased in the Online Store,
t. Consumer Rights Act - Act of 30 May 2014 on Consumer Rights (current Journal of Laws),
u. User - a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, using any functionality of the Online Store, including displaying the home page or any of its subpages.
v. Order – a declaration of will of the Buyer, in which the Buyer accepts the Seller’s sales offer, which includes, for example, the price, type and quantity of Products under the sales contract via the Online Store.
§ 3 Rules for using the Online Store
1. Users using the Online Store are required to read the Online Store's Terms and Conditions and Privacy Policy. Acceptance of these Terms and Conditions is required to place an Order in the Online Store.
2. To use the Online Store, you must have a device with internet access that allows you to browse websites, as well as a keyboard or other device that allows you to correctly complete electronic forms, and an email inbox. We recommend using the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari, etc.
3. The Online Store website has an SSL certificate – a secure communication encryption protocol.
4. All data transmission costs required to use the services provided within the Online Store are each time covered by the User, based on appropriate agreements concluded with Internet service providers or telecommunications operators.
§ 4 Conditions for concluding a sales contract
1. Orders in the Online Store can be placed by completing the appropriate forms available on the subpages of the Online Store.
2. When placing an Order, the User is required to provide accurate personal data: name, address, email address, and other information, if required. For Users who wish to receive an invoice, the User is also responsible for the Tax Identification Number, address, and company name. The User is responsible for any consequences of providing incorrect information.
3. Upon receipt of the Order, the Seller will confirm its receipt and simultaneously inform the Buyer that the Order has been accepted for processing. Order confirmation is sent by the Seller to the Buyer via email to the address provided in the Order form. Upon confirmation of acceptance of the Order by the Seller, the contract is deemed concluded.
4. The content of the sales contract is made available and recorded by making these Regulations available on the Online Store website and sending relevant information to the Buyer's e-mail address provided when placing the Order.
5. Orders can be placed in the Online Store 24 hours a day, every day of the year, except for days when the Online Store is unavailable due to technical or other justified reasons.
6. Orders placed on public holidays, as well as on Saturdays and Sundays, will be processed from the next business day, during the Seller's business hours.
7. Placing an Order is possible after accepting the Regulations.
8. Confirmation of the Order by clicking the "Order and pay" button is tantamount to the Buyer submitting an offer, accepting the terms of the contract, the properties and price of the ordered Products and the delivery terms, as well as the Buyer's undertaking to pay the price and collect the Product.
9. After the Buyer places an Order, the Seller confirms acceptance of the Order and the final conclusion of the contract by sending a message to the Buyer's email address. The Seller shall include these Terms and Conditions, a withdrawal form, and instructions on the right to withdraw from the contract.
10. If the Order cannot be confirmed for reasons attributable to the Buyer (e.g. incorrect e-mail address), the Order is cancelled and deemed null and void.
11. The Order will be fulfilled subject to Product availability. The delivery date for Products/services is indicated in the Product Card or agreed individually with the Buyer.
12. The Buyer may change the Order until the Order begins processing, of which the Buyer will be notified via a separate email. Changing the delivery address or other Product parameters after the Order has been placed may require the Buyer to incur additional costs, which will be presented to the Buyer for approval, under penalty of cancellation if the Order is not accepted.
13. Prices for all Products offered by the Online Store are gross prices, unless otherwise expressly stated, and are expressed in Polish zloty. Any deviations from the Polish currency principle are clearly indicated.
14. The prices of the Products are binding at the time of placing the Order by the Buyer, taking into account any discounts and promotions granted by the Seller.
15. The Product price indicated on the Product Card does not include delivery or collection costs or payment, which depend on the method of delivery chosen by the Buyer. These will be added at the Order Summary stage.
16. The costs of collecting or delivering the ordered Products, as well as the costs of payment, are borne by the Buyer. The cost of delivering the Products is indicated in each Product description on the Product Card.
17. Prices displayed on the Online Store website, as well as Product descriptions, constitute commercial information only and do not constitute an offer within the meaning of the Civil Code. They become binding for the purposes of concluding a specific contract only upon confirmation of Order acceptance.
18. The Seller may use discount codes in the Online Store that entitle the purchaser to Products at the discount specified on the coupon. Discount codes are not redeemable for cash or any other equivalent and expire on the dates set by the Seller.
19. The specification (description) of a given Product can be found in the Product Card.5
20. The Seller reserves the right to change the price of Products, and to conduct and cancel promotional campaigns affecting the price. Price changes apply to Users who place Orders after the price change is published.
21. In the event of a price reduction being notified, information about the lowest price for this Product in the period of 30 days before the introduction of the reduction will be visible next to the information about the reduced price.
§ 5. Payment Method and Due Date. Transaction Documentation.
1. In the Online Store, you can pay in one of the following ways:
a. transfer to the Seller's bank account,
b. cash on delivery (for some physical Goods),
c. via payment services of external providers indicated on the payment method subpage.
2. In case of choosing payment by bank transfer to the Seller's account, after placing the Order, the Buyer will receive by e-mail the bank account number to which the payment will be transferred.
The correct amount must be transferred. Once the payment is credited to the Online Store's bank account, the Order is processed.
3. The online store allows payment via the following external electronic payment services: DotPay, Blick, Payment card.
4. If the one-time value of the Order, regardless of the number of payments resulting from it, exceeds PLN 20,000 or the equivalent of this amount, the Consumer is obliged to make payments via a payment account.
5. If the one-time value of the Order, regardless of the number of payments resulting from it, exceeds PLN 15,000 or the equivalent of this amount, the Entrepreneur or Entrepreneur with Consumer rights is obliged to make payments via a payment account.
6. The Buyer is obligated to make payment using one of the methods listed above within 7 calendar days of the date of the sales agreement, unless otherwise agreed in the Product Card or during negotiations between the Buyer and the Seller. Failure to pay within the deadline will result in the Order being canceled and deemed null and void.
7. If cash on delivery is selected, the Buyer is obligated to make payment upon delivery. Refusal to accept the shipment or failure to collect the shipment on time will be deemed a return of the product without reason (withdrawal from the contract) by the Buyer, unless the Buyer specifies otherwise.
8. When purchasing a Product in the Online Store, the Buyer may express the wish to receive an invoice, and will therefore only receive an invoice.
9. In order to receive an invoice, the Buyer selects the appropriate checkbox in the Order form.
10. The Buyer consents to the issuance and transmission of invoices (including credit notes) in electronic form. Consent to the use of electronic invoices is tantamount to resigning from receiving them in paper form. The Buyer may withdraw consent to the use of electronic invoices by deselecting the consent within the User Account (if the functionality is available) or by contacting the Seller.
11. In the event of a Product return, after the Seller receives the Product, in the event of withdrawal from the distance sales contract and in the event of a refund in connection with an accepted complaint, and in other cases where it is legally required, a corrective invoice will be sent to the Buyer's e-mail address.
12. If a correction invoice is issued as a result of a price change by the Seller and the Buyer has not raised an objection on the date of receipt of the correction invoice, the Seller shall consider that the price change was agreed with the Buyer on the date of receipt of the invoice.
§ 6 Delivery
1. Ordered physical Goods and Goods with digital elements are delivered within the European Union to the address provided by the Buyer in the Order form. Digital Goods will be delivered to the Buyer's email address or in another agreed manner. Digital services will be provided in the manner indicated on the Product Card or in another agreed manner.
2. The delivery time for Goods is indicated on the Product Card or the relevant subpage of the Online Store. The Seller will make every effort to ensure delivery occurs no later than the time stated in the Online Store. If delivery is not possible within the above-mentioned timeframe, the Buyer will be notified immediately.
3. Delivery of the ordered Goods, except for digital Goods, is carried out via carriers indicated at the stage of placing the Order.
4. When the Goods are handed over to the carrier, the Buyer is notified of this fact by sending an e-mail to the address provided in the Order.
5. The Buyer may also collect the ordered physical Goods in person, after prior arrangement, at a location designated by the Seller. In the case of personal collection, the Buyer is not responsible for the delivery costs.
6. The costs of delivering the Product or the costs related to the performance of the ordered Service, which, in addition to the price, are borne by the Buyer, are provided on the website of the Online Store when placing the Order.
7. Upon receipt of the Product, the Buyer is obliged to confirm its receipt.
8. The Seller is not responsible for any errors made by the Buyer that result in the shipment not reaching the addressee, or for the Buyer's unjustified refusal to accept the shipment. The Buyer is responsible for any costs associated with reshipping (if the Buyer so requests).
§ 7 Consumer right (EEA) to withdraw from the contract without giving a reason
1. Subject to other withdrawal options described in the Regulations, a Consumer in the EEA (including an Entrepreneur with Consumer rights) who has concluded a distance or off-premises contract has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the Product without giving a reason, both for all and individual Products within the Order. Entrepreneurs do not have the right to withdraw from the contract. To meet the deadline, it is sufficient to send a declaration of withdrawal before its expiry.
2. To exercise the right of withdrawal, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement. For this purpose, the Consumer may use the withdrawal form, but this is not mandatory. A sample withdrawal form is provided as Appendix 1 to these Terms and Conditions.
3. The Consumer may submit a declaration of withdrawal from the contract:
a. by post to the following address: 57-402 Nowa Ruda, ul. Wiejska 2
b. by e-mail sent to: contact@danbi.pl
4. The Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which the Consumer withdraws from the contract, unless the Seller has offered to collect the Product itself. The Consumer is obligated to properly secure the returned Product to prevent damage in transit.
5. The Consumer only bears the direct costs of returning the Product, unless the Seller has agreed to bear them or has failed to inform the Consumer of the need to bear these costs. If the Consumer has chosen a method of delivery of the Product other than the least expensive standard delivery method offered by the Seller, the Seller is not obligated to reimburse the Consumer for any additional costs incurred.
6. In the event of effective withdrawal from the contract by the Consumer, the Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the declaration, return to the Consumer all payments made to the Seller, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method available in the Online Store).
7. However, the Seller may withhold the reimbursement of payments received from the Consumer until the Product is received back or the Consumer provides proof of sending it back, whichever occurs first.
8. The Seller shall refund the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve additional costs for the Seller.
9. The Consumer is liable for any reduction in the value of the Product resulting from its use in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer of the right to withdraw from the contract in accordance with the Consumer Rights Act.
10. The right to withdraw from the contract does not apply in the cases specified in the Consumer Rights Act, i.e. in particular in relation to contracts:
a. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has performed the service, he will lose the right to withdraw from the contract;
b. in which the subject of the provision is a non-prefabricated good, manufactured according to the Consumer's specifications or intended to meet his individual needs;
c. where the subject of the service is a good that spoils quickly or has a short shelf life;
d. where 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 (this may apply, for example, to cosmetics);
e. where the subject of the provision are goods which, due to their nature, are inseparably connected with other goods after delivery;
f. in which the Consumer has expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract in respect of additional services or goods;
g. where the subject of the provision are audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
h. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement;
i. for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision;
j. for the supply of digital content not supplied 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 fulfilled the provision, the Consumer will lose the right to withdraw from the contract, and the Consumer has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act,
k. for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the Consumer.
11. If the Consumer submits a declaration of withdrawal electronically via the electronic withdrawal form, the Seller will immediately send confirmation of receipt of the declaration of withdrawal from the contract (on a durable data carrier within the meaning of the Consumer Rights Act).
12. The provisions of this section of the Regulations apply only to Consumers (including Entrepreneurs with Consumer rights).
13. Technical aspects of withdrawal from the contract and return of the Product are described at danbi.pl
§ 8 Non-conformity of the physical Goods with the contract.
[general]
1. The basis and scope of the Seller's liability towards the Consumer (including the Entrepreneur with the rights of a Consumer) for the non-conformity of the physical Goods with the contract are determined by generally applicable legal provisions and the following provisions of the Regulations - which apply to physical Goods.
2. The principles regarding the Seller's liability towards the Consumer in the case of physical Goods are regulated by Chapter 5a of the Consumer Rights Act.
3. The principles of the Seller's liability under contracts for the supply of Digital Content or Digital Services are regulated by Chapter 5b of the Consumer Rights Act and the relevant section of these Regulations, subject to the following paragraph.
4. The provisions of this paragraph below do not apply to Goods that serve solely as a carrier of digital content. The provisions regarding contracts obliging the transfer of ownership of goods and the provision of services shall apply to contracts obliging the transfer of ownership of goods, i.e., in these Terms and Conditions, respectively, physical Goods. The provisions and regulations referred to in the preceding sentence shall apply to contracts obliging the transfer of ownership of Goods with digital elements, including Digital Content or Digital Services supplied with such Goods, even if they are supplied by a third party. The provisions of Chapter 5b of the Consumer Rights Act and the provisions of the Terms and Conditions regarding Digital Content or Digital Services shall not apply to such Digital Content or Digital Service. In case of doubt, it shall be deemed that the Digital Content or Digital Service was covered by the contract obliging the transfer of ownership of Goods with digital elements.
[validity period]
5. The Seller is liable for any lack of conformity of the physical Goods with the contract that exists at the time of delivery and is discovered within two years of that date, unless the expiration date of the physical Goods, as determined by the entrepreneur, their legal predecessors, or persons acting on their behalf, is longer. Any lack of conformity of the physical Goods with the contract that becomes apparent within two years of delivery is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is inconsistent with the nature of the physical Goods or the nature of the lack of conformity of the physical Goods with the contract. The Seller cannot invoke the expiry of the time limit for determining the lack of conformity of the physical Goods with the contract if the Seller fraudulently concealed the lack.
[complaint submission]
6. In the event of non-conformity of the physical Goods with the contract, the Consumer shall submit a complaint to the Seller. The complaint should include information enabling a response to the complaint, in particular a description of the defect and the Consumer's contact information.
7. Complaints regarding the non-conformity of the Product with the contract may be submitted in particular:
a. by post to the Seller's correspondence address: ul. Wiejska 2, 57-402, Nowa Ruda;
b. by e-mail sent to the following address: contact@danbi.pl (for this purpose, the Seller provides a sample complaint form, which constitutes Appendix No. 2 to the Regulations and which the Consumer may use)
8. Technical aspects of Product complaints are described at danbi.pl
9. If the Seller does not respond to the Consumer's complaint within 14 days
calendar days from the date of delivery of the complaint, the complaint shall be deemed to have been accepted in accordance with the Consumer's request.
[definition of compliance of the physical Goods with the contract]
10. The physical goods are in conformity with the contract if, in particular, their:
a. description, type, quantity, quality, completeness and functionality, and in relation to the Goods
digital elements - also compatibility, interoperability and accessibility
update;
b. suitability for a specific purpose for which it is required by the Consumer, about which the Consumer informed the Seller no later than at the time of conclusion of the contract and which the Seller accepted.
11. Furthermore, in order to be considered as compliant with the contract, the physical Goods must:
a. be suitable for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
b. be present in such quantity and have such features, including durability and safety, and in the case of Goods with digital elements - also functionality and compatibility, that are typical for goods of this type and that the Consumer may reasonably expect, taking into account the nature of the goods and the public assurances made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller proves that:
i. he was not aware of the public assurance given and, judging reasonably, could not have been aware of it,
ii. before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided, or in a comparable manner,
iii. the public assurance had no influence on the Consumer's decision to conclude the contract;
c. be supplied with the packaging, accessories and instructions that the Consumer could reasonably expect to be provided;
d. be of the same quality as the sample or model that the Seller made available to the Consumer before concluding the contract and correspond to the description of such sample or model.
12. The Seller shall not be liable for the lack of conformity of the physical Goods with the contract to the extent specified in paragraph 11 above if the Consumer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the physical Goods deviates from the requirements of conformity with the contract (e.g. about a defect of the physical Goods), and the Consumer has expressly and separately accepted the lack of a specific feature of the physical Goods.
13. The Seller is liable for the lack of conformity of the physical Goods with the contract resulting from improper installation of the physical Goods if:
a. it was carried out by the Seller or under his responsibility;
b. incorrect installation carried out by the Consumer was due to errors in the instructions provided by the Seller or a third party.
[consumer demands]
14. If the physical Goods are inconsistent with the contract, the Consumer who purchased the physical Goods may request their repair or replacement.10
15. After consultation with the Seller, the Consumer shall provide the physical Goods subject to repair or replacement. The Seller shall bear the costs associated with the collection or shipment of the physical Goods. Failure to provide the physical Goods to the Seller may result in the Consumer being unable to satisfy their claims.
16. The Seller may replace the Goods if the Consumer requests a repair, or the Seller may repair the Goods if the Consumer requests a replacement, if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the contract.
17. The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller is informed by the Consumer about the lack of conformity with the contract, and without excessive inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them.
18. The costs of repair or replacement, including in particular the costs of postage, transport, labour and materials, shall be borne by the Seller.
19. If the physical Goods were installed before the lack of conformity with the contract became apparent, the Seller shall dismantle the physical Goods and reassemble them after repair or replacement, or shall have these activities performed at its own expense.
20. The Consumer is not obliged to pay for the normal use of the physical Goods that were subsequently replaced.
21. After considering the complaint, the physical Goods will be delivered to the Consumer at the Seller's expense.
22. If the physical Goods are inconsistent with the contract, the Consumer may submit a declaration of price reduction or withdrawal from the contract when:
a. the Seller refused to bring the physical Goods into compliance with the contract;
b. The Seller has not brought the physical Goods into compliance with the contract;
c. the lack of conformity of the physical Goods with the contract persists even though the Seller has attempted to bring the Product into conformity with the contract;
d. the lack of conformity of the physical Goods with the contract is so significant that it justifies a reduction
prices or withdrawal from the contract without prior use of the protection measures specified in the above points of the Regulations;
e. it is clear from the Seller's statement or circumstances that he will not deliver the Goods
physical product into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
23. The reduced price must be in such proportion to the price resulting from the contract that the value of the physical Goods that are inconsistent with the contract is in proportion to the value of the physical Goods that are consistent with the contract.
24. The Seller shall refund to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of price reduction.
25. The consumer may not withdraw from the contract if the lack of conformity of the physical Goods with the contract is immaterial.
26. If the lack of conformity with the contract concerns only part of the Order, the Consumer may withdraw from the contract only in relation to the Products that are not in conformity with the contract, as well as in relation to other Products purchased by the Consumer together with the Products that are not in conformity with the contract, if the Consumer cannot reasonably be expected to agree to retain only the Products that are in conformity with the contract.
27. In the event of withdrawal from the contract, the Consumer shall immediately return the Product(s) to the Seller at his expense.
28. The Seller shall refund the price to the Consumer immediately, no later than within 14 days from the date of receipt of the Product(s) or proof of its/their return, using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of refund that does not involve any costs for him/her.
§ 9 Other Complaints
1. Regardless of other cases specified in the Regulations, if the Seller's service available in the Online Store is provided contrary to the Regulations, the User may file a complaint.
2. Complaints can be submitted, for example, electronically to the following email address: contact@danbi.pl. In the complaint, the User should provide: their name and surname, mailing address, type and date of the complaint. If additional information is required to process the complaint, the User agrees to provide it, otherwise the complaint will be rejected.
3. The Seller undertakes to consider the complaint within 14 business days from the date of its receipt, under penalty of the complaint being accepted.
§ 10 Digital Content and Digital Services
A. General Provisions
1. The provisions of this §10 apply to Digital Services and Digital Content available within the Online Store, and in this respect – in the event of any contradiction – exclude other provisions of the Regulations.
2. The provisions of §10 apply only to the User who is a Consumer, including an Entrepreneur with Consumer rights.
3. The provisions of this §10 of the Regulations apply solely to contracts concluded as part of the use of the Online Store, under which the Seller is obligated to deliver Digital Content (e.g., an ebook) or a Digital Service. However, the provisions of this §10 of the Regulations apply only to the terms of the contract concerning the Digital Content or Digital Service. However, the provisions regarding contracts obliging to transfer ownership of the Goods and performing the Service apply to contracts obliging to transfer ownership, i.e., in these Regulations, the Goods, respectively. The provisions and regulations referred to in the preceding sentence also apply to contracts obliging to transfer ownership of the Goods with digital elements, including Digital Content or a Digital Service, even if they are provided by a third party. The provisions of Chapter 5b of the Consumer Rights Act and the provisions of these Regulations concerning Digital Content or Digital Services do not apply to such Digital Content or Digital Service. In case of doubt, the Digital Content or Digital Service is deemed to have been covered by the contract obliging to transfer ownership of the Goods with digital elements.
4. The Seller informs the User about updates to the Digital Services and Digital Content, including those related to security, and about any actions required by the User. The Seller is not responsible for any lack of compliance of the Online Store and the Digital Content and Digital Services available through the Online Store with the agreement if the User fails to perform the actions indicated by the Seller.
5. The Seller may make changes to the Digital Content or Digital Service that are not necessary to maintain its compliance with the Terms and Conditions if this is necessary to improve its quality, update it, correct an error, make substantive corrections, ensure compliance with the law or a decision of a public authority. Implementing the change referred to in the preceding sentence may not involve any costs for the User. However, the Seller may not make changes to the Digital Content or Digital Service provided on a one-time basis. The Seller will inform the User clearly and comprehensibly of the change. If this change significantly and negatively impacts the User's access to or use of the Digital Content or Digital Service, the Seller will inform the User in advance on a durable medium of the nature and timing of this change, as well as the right referred to in this section. In the case referred to in this section, the User may terminate the contract for the use of the Digital Content or Digital Service without notice within 30 days from the date of making the change or informing about this change, if the information was provided later than this change, unless the Seller has provided the User with the right to keep, at no additional cost, the Digital Content or Digital Service compliant with the contract, in an unchanged state.
B. Delivery of Digital Services or Digital Content. Withdrawal from the contract relating to
Services or Digital Content
1. The Seller shall deliver the Digital Content or Digital Service immediately after concluding the contract for the Digital Content or Digital Service and paying the price, unless the parties to the contract have agreed otherwise.
2. Digital Content is deemed to have been delivered when the Digital Content or a means by which the Digital Content can be accessed or downloaded has been made available to the User or to a physical or virtual device that the User has independently chosen for this purpose, or when the User or such device has obtained access to it.
3. A digital service is deemed to be provided when the User or a physical or virtual device that the User has independently selected for this purpose has gained access to it.
4. If the Seller has not delivered the Digital Content or Digital Service, the User requests the Seller to deliver it.
5. If the Seller does not deliver the Digital Content or Digital Service immediately or within an additional period expressly agreed by the parties, the User may withdraw from the contract.
6. The User may withdraw from the contract without requesting the delivery of the Digital Content or Digital Service if:
a. it is clear from the Seller's statement or circumstances that he will not deliver the Digital Content or Digital Service, or
b. The User and the Seller agreed, or it is clear from the circumstances of concluding the contract, that the specified deadline for delivery of the Digital Content or Digital Service was of significant importance to the User and the Seller failed to deliver it within that deadline.
7. Sections 1-6 above do not apply if the Digital Content is delivered via a tangible medium.
8. In the event of withdrawal from the contract, the Seller may prevent the User from further use of the Digital Service or Digital Content. The User is obligated to cease using the Digital Content or Digital Service and to cease making it available to any person. A User exercising the right of withdrawal after submitting a request, in accordance with Article 15, paragraph 3 and/or Article 21, paragraph 2 of the Consumer Rights Act, is obligated to pay for the services provided up to the time of withdrawal. The amount of payment will be calculated proportionally to the scope of the services provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculation will be the market value of the services provided.
C. Non-conformity of the Digital Content or Digital Service with the contract (complaints regarding paid Digital Content and Digital Services)
1. This §10, section C. of the Terms and Conditions applies only to paid Digital Services and Digital Content.
2. Digital Content or Digital Service is consistent with the contract if, in particular, the following are consistent with the contract:
a. description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;13
b. suitability for a specific purpose for which they are needed by the User, about which the User informed the Seller at the latest at the time of conclusion of the contract and which the Seller accepted.
3. Furthermore, in order to be considered as compliant with the contract, the Digital Content or Digital Service must:
a. be suitable for the purposes for which the Digital Content or Digital Service of that type is normally used, taking into account applicable laws, technical standards or good practice;
b. be present in such quantity and have such characteristics, including functionality, compatibility, availability, continuity and security, as are typical of Digital Content or a Digital Service of this type and which the User may reasonably expect, taking into account the nature of the Digital Content or Digital Service and the public assurances made by the Seller, its legal predecessors or persons acting on its behalf, in particular in advertising or on labelling, unless the Seller proves that:
i. he was not aware of the public assurance given and, judging reasonably, could not have been aware of it,
ii. before the conclusion of the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was provided, or in a comparable manner,
iii. the public assurance had no influence on the User's decision to conclude the contract.
c. be supplied with accessories and instructions that the User may reasonably expect to be supplied;
d. be consistent with the trial version or preview that was made available to the User by the Seller before concluding the contract.
4. The Seller informs the User about updates, including those related to security measures, necessary to maintain the compliance of the Digital Content or Digital Service with the contract and provides them to the User for the period of:
a. the provision of Digital Content or Digital Service specified in the contract under which the provision takes place on a continuous basis, or
b. reasonably expected by the User, taking into account the type of Digital Content or Digital Service and the purpose for which it is used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of Digital Content or Digital Service on a one-off basis or in parts.
5. If the User fails to install the updates provided by the Seller in accordance with paragraph 4 above within a reasonable time, the Seller shall not be liable for any lack of conformity of the Digital Content or Digital Service with the contract resulting solely from the lack of updates if:
a. informed the User about the update and the consequences of not installing it;
b. failure to install or incorrect installation of the update was not due to errors in the installation instructions provided by the Seller.
6. The Seller shall not be liable for the lack of conformity of the Digital Content or Digital Service with the contract to the extent referred to in paragraphs 3 and 4 above, if the User, at the latest at the time of conclusion of the contract, has been expressly informed that a specific feature of the Digital Content or Digital Service deviates from the requirements of conformity with the contract set out in paragraphs 3 and 4 above, and has expressly and separately accepted the lack of a specific feature of the Digital Content or Digital Service.
7. Digital Content or Digital Service is provided in the latest version available at the time of conclusion of the contract, unless the parties have agreed otherwise.
8. The Seller is liable for any lack of conformity of Digital Content or Digital Services delivered on a one-off basis or in parts , which existed at the time of delivery and became apparent within two years of that time. Any lack of conformity of Digital Content or Digital Services with the contract, which became apparent within one year of delivery of the Digital Content or Digital Service, is presumed to have existed at the time of delivery.14
9. The Seller is liable for any lack of conformity with the contract of Digital Content or Digital Services supplied continuously , which occurs or becomes apparent at the time when they were to be supplied under the contract. It is presumed that the lack of conformity of the Digital Content or Digital Service with the contract occurred at that time if it became apparent at that time.
10. The Seller is liable for any lack of conformity of the Digital Content or Digital Service with the contract within the scope regulated in Article 43k, paragraph 3 of the Consumer Rights Act, which occurred within the time specified in that provision.
11. The presumptions set out in paragraphs 8 and 9 above do not apply if:
a. the User's digital environment is not compatible with the technical requirements about which the Seller informed him in a clear and understandable manner before concluding the contract;
b. The User, having been informed in a clear and understandable manner before concluding the contract about the obligation to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means for him, in order to determine whether the Content is incompatible with
digital or Digital Service with the contract in due time results from the characteristics of the environment
digital User, does not fulfill this obligation.
12. The User may notify the Seller of any non-compliance of the Digital Content or Digital Service with the contract, among others, via e-mail, by telephone, in writing to the Seller's address or via another contact channel provided by the Seller, as indicated in the Regulations.
13. In the notification, the User should provide: his/her name and surname, correspondence address, type and date of occurrence of the reasons for the complaint.
14. If the Digital Content or Digital Service is inconsistent with the contract, the User may request that it be brought into conformity with the contract.
15. The Seller may refuse to bring the Digital Content or Digital Service into conformity with the contract if bringing the Digital Content or Digital Service into conformity with the contract is impossible or would require excessive costs for the Seller.
16. The Seller shall bring the Digital Content or Digital Service into conformity with the contract within a reasonable time from the moment the Seller has been informed by the User about the lack of conformity with the contract, and without excessive inconvenience to the User, taking into account its nature and the purpose for which it is used.
17. The costs of bringing the Digital Content or Digital Service into compliance with the contract shall be borne by the Seller.
18. If the Digital Content or Digital Service is inconsistent with the contract, the User may submit a declaration of price reduction or withdrawal from the contract when:
a. bringing the Digital Content or Digital Service into conformity with the contract is impossible or requires excessive costs;
b. the Seller has failed to bring the Digital Content or Digital Service into conformity with the contract;
c. the lack of conformity of the Digital Content or Digital Service with the contract persists even though the Seller has attempted to bring the Digital Content or Digital Service into conformity with the contract;
d. the lack of conformity of the Digital Content or Digital Service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the protective measure specified in Article 43m of the Consumer Rights Act;
e. it is clear from the Seller's statement or circumstances that the Seller will not bring the Digital Content or Digital Service into conformity with the contract within a reasonable time or without excessive inconvenience to the User.
19. The reduced price must be proportional to the price under the contract to the value of the Digital Content or Digital Service that is not in conformity with the contract. If the contract stipulates that the Digital Content or Digital Service is to be delivered in parts or continuously, the price reduction must take into account the period during which the Digital Content or Digital Service was in conformity with the contract.
20. The User may not withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for payment of a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial. It is presumed that the lack of conformity of the Digital Content or Digital Service with the contract is material.
21. After withdrawal from the contract, the Seller may not use any content other than personal data provided or generated by the Consumer during the use of the Digital Content or Digital Service provided by the Seller, with the exception of content that:
a. are only useful in connection with the Digital Content or Digital Service that formed the subject of the contract;
b. relate solely to the User's activity while using the Digital Content or Digital Service that constituted the subject of the contract;
c. have been combined by the Seller with other data and cannot be separated without undue difficulty;
d. were created by the User together with other Users who can still use them.
22. The Seller is obliged to refund the price due to the User as a result of exercising the right to withdraw from the contract or a price reduction immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract or price reduction.
[free digital services and services provided electronically]
D. Free access to the Online Store
1. The agreement for the provision of access to the Online Store is concluded upon the actual commencement of use of the Online Store's home page (which shall be understood as entering the website located at www.danbi.pl or any of its subpages) and lasts until the User leaves it. Starting to use the Online Store's home page or any of its subpages constitutes acceptance of the provisions of the Terms and Conditions to the extent they apply to the Digital Service of access to the Online Store.
E. Free Newsletter Service
1. The condition for concluding an agreement for the provision of a free newsletter service of the Online Store is that the User completes and sends the newsletter subscription form available in the Online Store and the User confirms the order by clicking the activation link sent by the Seller in an e-mail addressed to the e-mail address provided by the User in the newsletter subscription form.
2. Subscribing to the newsletter is tantamount to accepting the provisions of the Regulations regarding the use of the free newsletter service, which the User is obliged to read.
3. The newsletter service agreement is concluded for an indefinite period. The user may unsubscribe from the newsletter at any time by clicking the "unsubscribe" link in the emails sent as part of the newsletter. Users with a User Account may also unsubscribe from the newsletter service using the appropriate button in the User Account settings section.
4. The Seller may, for important reasons, terminate the newsletter service agreement at any time. Important reasons include, in particular: a gross violation of these Terms and Conditions by the User, as well as the Seller's complete cessation of providing the services covered by these Terms and Conditions.
5. Declarations of termination or termination of the contract referred to in this paragraph shall be submitted by the Seller and the User in electronic form - the Seller to the e-mail address provided by the User, and the User to the Seller's e-mail address: contact@danbi.pl or through the appropriate functionality of the User Account.
6. All materials distributed as part of the newsletter are the property of their creators and are subject to legal protection, therefore the User is not entitled to copy or distribute them.
7. The prices and descriptions of the Products indicated in the newsletter constitute only commercial information and not an offer within the meaning of the Civil Code.
F. free service of creating and accessing a User Account
1. The User gains access to the User Account after registering via the registration form available in the Online Store. Registration is considered complete upon activation of the User Account by activating the activation link sent to the User's email address.
2. Registration requires reading these Regulations and marking on the registration form that the User has read the Regulations and fully accepts their provisions.
3. The User guarantees that the data provided by him in the registration form is true.
4. At the moment the User is granted access to the User Account, an agreement is concluded between the Seller and the User for the continuous provision of digital services for the creation and maintenance of the User Account for an indefinite period.
5. The Consumer may withdraw from the User Account maintenance agreement on general terms, in particular when:
a. the Seller did not deliver the service immediately or within an additional period expressly agreed by the parties,
b. it is clear from the Seller's statement or circumstances that he will not provide the service,
c. The Consumer and the Seller agreed or it clearly follows from the circumstances of concluding the contract that the specified date of delivery of the service was of significant importance to the Consumer and the Seller failed to deliver them within that deadline.
6. The User who has a User Account terminates the contract for digital services independently by deleting the User Account via the dedicated functionality or by submitting a request to delete the User Account to the Seller, and in the case of submitting a request to delete the User Account to the Seller, the contract is terminated after the expiry of the notice period of 14 days.
7. The Seller has the right to terminate the User Account, particularly if the User has not logged in to the User Account within 12 months. The User will be notified of the termination at least 14 days in advance via email to the email address provided in the User Account and after logging in to the User Account.
8. The Seller may block access to the User Account in the event of:
a. violation of the Regulations by the User, if the Regulations provide for the possibility of blocking the User Account and the Seller decides to block the User Account,
b. when such an obligation is imposed on the Seller by applicable law or a decision of an authority taken in accordance with applicable law;
c. when it is necessary for technical reasons, e.g. in the event of a breakdown or maintenance work.
9. The User Account may be deleted in the event of:
a. the User requests the deletion of the User Account;
b. violation of the Regulations by the User, if the Regulations provide for the possibility of deleting the User Account and the Seller decides to delete the User Account,
c. when such an obligation is imposed on the Seller by applicable law or a decision of an authority taken in accordance with applicable law;
d. cessation of services provided by the Seller via the Online Store.
10. The User agrees to secure access to the User Account with a password in the form of one-time SMS codes, and not to disclose login details to third parties, unless permitted by law (e.g., for the purpose of exercising the right of private use). The Seller is not liable for any damages resulting from disclosure of login details or unauthorized access to the User Account due to reasons attributable to the User.
11. The device from which the User accesses the User Account should be appropriately protected with antivirus software. The User should secure the device referred to in the preceding sentence against access by unauthorized persons to prevent unauthorized access to the User Account (e.g., using an access code or biometric login).
12. In the event of Deletion of the User Account, the data collected in the User Account will be deleted, unless their further storage is necessary due to a legal obligation or results from the Regulations.
13. The Seller shall not be liable for any damage resulting from disclosure of Login Details or unauthorized access to the User Account for reasons attributable to the User.
§ 11 Copyright to Digital Content
1. Each Digital Content constitutes a work within the meaning of Copyright Law and is therefore protected.
2. The Seller grants the Buyer who purchased the Digital Content ( "Licensee ") a license (if the Seller holds the copyright to the Product) or a further sublicense (if the Seller holds a license to use the Product) to use the purchased Digital Content. All provisions regarding the license apply equally to the sublicense. The license expires in the event of effective withdrawal from the agreement or in any other case of termination of the agreement regarding the use of the Digital Content.
3. The Licensee may only make the Digital Content available to the number of end users specified in the Order accepted by the Seller. If no such number is specified, the Product may only be used by one person designated by the Licensee.
4. The scope of the granted license to use may vary with respect to Products. Unless otherwise indicated in the Product Card for the Digital Content, upon delivery of the Digital Content to the Licensee, the Licensee is granted a perpetual, territorially unlimited license to use the Digital Content for the Licensee's own internal use, which is non-exclusive and non-transferable. In particular, the Licensee, subject to exceptions specified in mandatory provisions of law, is not entitled to distribute or make available to third parties the Digital Content, fragments thereof, or copies thereof, or otherwise infringe upon the Seller's rights in the Digital Content.
5. The scope of the license to use the Product is determined solely by these Regulations and by means of clear and precise instructions from the Seller, which excludes the presumption of any broader rights.
6. The Licensee undertakes to make every effort to ensure that no unauthorized person uses the Digital Content purchased by him in a manner contrary to the Regulations or the law.
7. The license may expire in the event of the expiration of the Seller's rights to use the Digital Content to the extent necessary to grant a further license under the terms set out in the Regulations.
8. Digital content may be protected against illegal sharing by a watermark or other security measures, particularly digital ones, the removal or circumvention of which in any way is prohibited. Information about the form of protection will be indicated in the Product Card. The User agrees not to remove or circumvent these protection measures.
§ 12 Rules for publishing opinions
1. Each Buyer may publish opinions about the Product in the appropriate place on the Store's website.
2. Opinions are the subjective statements of Buyers. The Seller assumes no responsibility for their content.
3. The Buyer declares that their comment will not violate applicable law or the rights of third parties, and will not contain advertising content generally considered offensive or vulgar, or political content. Opinions containing the prohibited content indicated in the preceding sentence will be deleted.
4. The Seller shall indicate in the opinion whether the opinion is subject to verification in terms of origin from the person who purchased the Product.
§ 13 Content of the Online Store. Materials published by Users
1. The rights to all descriptions, photos, graphics, and other materials found in the Online Store belong to their creators. Their copying, distribution, and use without the Seller's consent is prohibited.
2. All trademarks and names are used solely for the purpose of presenting the origin of the Products and are the property of their manufacturers.
3. In connection with the use of the Online Store, the User may not post content in the Online Store or provide the Seller with any content, including opinions and other data of an unlawful nature.
4. The User agrees not to post or make available in the Online Store any Materials that are generally considered offensive, false, or inconsistent with generally applicable law, principles of social coexistence, or good practices. In particular, it is prohibited to post in the Online Store any Materials that:
a. inconsistent with the theme of a given functionality,
b. containing malicious links,
c. spam content,
d. aimed at conducting activities competitive to the Seller or aimed at discrediting the Seller,
e. containing false, offensive or private information about the Seller or a third party,
f. containing data of the User or a third party (except in cases where the entry of data of a given User is justified due to the specification of the functionality),
g. for conducting unauthorized promotional activities, constituting advertisements for products, services, collections, projects,
h. aimed at spreading hatred towards specific individuals or social groups,
i. aimed at harassing or inciting harassment, or violating the personal rights of specific individuals or social groups,19
j. including incitement to commit acts prohibited by law, in particular violence,
k. depicting or inciting violence, including threats,
l. drastic (especially depicting dramatic events),
m. promoting the use of dangerous products, especially weapons or
explosives, as well as pictorial or descriptive representations of their use,
n. encouraging the reckless consumption of alcohol, tobacco, drugs or medicines, or offering to sell alcohol, tobacco, drugs or medicines and other substances,
o. including medical advice,
p. misleading,
q. constituting so-called fake news,
generated by artificial intelligence,
s. of a political nature,
t. propagating any fascist or other totalitarian state system,
contain content of a chauvinistic and misogynistic nature, as well as containing signs of gender discrimination,
v. defaming or insulting any third party, or violating their personal rights or other rights,
containing vulgarity or other offensive content,
x. inciting to dangerous behavior or praising such behavior,
y. offending religious feelings regardless of religion,
z. that may cause discomfort to other Users, in particular due to a lack of empathy or respect,
aa. for carrying out activities aimed at extorting funds from other Users, relating to harmful or misleading products and services, in particular financial ones,
bb. promoting gambling,
CC of a sexual nature.
If the Seller becomes aware of prohibited content being posted on the Online Store, the Seller will be entitled to immediately remove it.
5. A User who believes that a Material published in the Online Store violates the Terms and Conditions or the law may send a report regarding this Material to the Seller at the email address contact@danbi.pl. If the report contains the User's electronic contact details, the Seller will, without undue delay, send the User a confirmation of receipt of the report. The Seller will review the report within 14 days of its receipt, objectively and with due diligence. The Seller will notify the User of the decision. The Seller's decision may consist of removing the Material or retaining the Material.
6. The User declares that he/she has intellectual property rights to all content posted or made available by him/her within the Online Store.
7. The User is obliged to use the Online Store in accordance with the law, good customs and principles of social coexistence.
8. The Seller may temporarily block access to a User Account containing Materials that violate these Terms and Conditions, applicable law, good practice, or principles of social coexistence, delete such User Account, or remove the Material in question. The deletion of a User Account or Material will occur after the User has been requested to remedy the violation within a specified timeframe. Such a decision depends on the severity of the matter and the degree of the violation, taking into account the principles of proportionality and adequacy.
9. The User may appeal against the Seller's decision to delete the User Account, block the User Account, or remove the Material within 14 days of receiving such decision. The appeal should include a justification. The Seller will consider appeals within 14 days of receiving them.
10. The Seller is entitled to delete personal data about which it obtains reliable information that they were collected in violation of the Regulations or in violation of the law.
11. By placing Materials in the Online Store, the User grants the Seller a free, unlimited in time and territory, non-exclusive license to use the Materials, including the right to grant sublicenses, authorizing the use of the Materials in all fields of exploitation known at the time of acceptance of the Regulations, in particular in the following fields of exploitation:
a. using the Materials within the framework of the Seller's business, distributing and making them available in connection with the promotion of the Seller's business, including their public display in any medium;
b. reproducing and recording the Materials within the IT infrastructure using any techniques and making them available in any form via the Internet;
c. making copies of the Materials;
d. modifying the Materials in a way that does not infringe personal rights and using such modified Materials.
12. The User declares and warrants that he or she is entitled to unlimited disposal of the Materials, and that any persons entitled to personal copyrights to the Materials will not exercise such rights in a way that hinders or prevents their use under the terms and conditions specified in the Regulations by the Seller or its partners.
§ 14 Product Liability and Safety
1. The User is obliged to follow the instructions provided on the Product Cards, packaging or other media attached to the Product.
2. Compensation for breach of obligations arising from the contract contained in the Online Store or for damage caused by a dangerous product is due in cases provided for in applicable law.
3. The Seller's liability towards the User who is an Entrepreneur is limited to the price of the Product.
[provisions related to GPSR]
4. The provisions of this section were introduced in connection with the entry into force of Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and of the Council and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (hereinafter: GPSR ). For the purposes of this section, a dangerous product shall be understood as any product that is not a "safe product", i.e. a product that, under normal or reasonably foreseeable conditions of use, including during actual use, does not present any risk or only a minimal risk consistent with its use, considered acceptable and corresponding to a high level of protection of consumer health and safety.
5. The Seller designates the following contact point for GPSR purposes: MFY Magdalena Łaszewicz, ul. Wiejska 2, 57-402, Nowa Ruda, e-mail address: contact@danbi.pl tel: +48600649184. Users may use the contact point details provided to submit reports related to the safety of the Product (e.g. occurrence of damage, undesirable effects), with the Seller noting that the manufacturer of the product, i.e. the natural or legal person who manufactures the Product or who commissions the design or manufacture of the product and sells the product under its own name or trademark, may be liable for compliance with GPSR.
6. In the event of a Dangerous Product, the Seller or another entity responsible for the product may be obliged to recover the Product delivered to the Consumer. In the event of the return of a Dangerous Product, the Seller or the Manufacturer shall offer the Consumer a choice of at least two of the following legal remedies:
a. repair of the Product;
b. replacing the Product with a safe product of the same type and of at least the same value and quality; or
c. appropriate refund of the value of the Product, provided that the refund amount is at least equal to the price paid by the Consumer.
§ 15 Personal data
1. The User is not authorized to enter any personal data of anyone other than the User into the Online Store, unless the Seller explicitly states otherwise within a given functionality of the Online Store. If the data of another person is entered, the User declares that such person has consented to the processing of data and has read the Online Store's privacy policy. In the event of a violation of the prohibition referred to in this section, the Seller will be authorized to delete the personal data and the User's Account.
2. If the Seller becomes aware that in connection with the entry of data into the Online Store, a violation of the law or the Regulations has occurred, the Seller will immediately notify the User of this fact, and the User will be obliged to remove the identified irregularities, under pain of their removal from the Online Store, or if required by applicable law, or such an obligation results from a decision of a body applying the law - the Seller will independently take the required actions to restore the legal status, in particular, delete the data.
3. The principles of personal data protection can be found in the Online Store's Privacy Policy, available at www.danbi.pl
§ 16 Dispute resolution
1. A User who is a Consumer may use out-of-court complaint and redress procedures. Descriptions and rules for accessing these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/. In particular, if the Seller has not accepted the complaint regarding a product or service, the consumer may use the network of permanent arbitration courts at the Provincial Inspectorates of Trade Inspection.
§ 17 Final provisions
1. We encourage you to read the information on consumer rights available at: https://prawakonsumenta.uokik.gov.pl/
2. The Seller does not guarantee the Products, unless otherwise stated in the Product Card or individual arrangements. With respect to Entrepreneurs, the application of warranty provisions is excluded, unless otherwise stated in the Product Card or individual arrangements, and the Seller's liability for non-performance or improper performance of the contract is limited to actual damage (excluding lost profits) and the net price of the Product.
3. The Seller reserves the right to make changes to these Regulations for important reasons.
4. Important reasons entitling to amend the Regulations include, in particular:
a. change in legal provisions,
b. the emergence of new technologies and IT systems interfering with the principles of operation of the Online Store,
c. a final court judgment or administrative decision concerning the Seller,
d. force majeure,
e. changes in the scope, type or nature of the services provided by the Seller, the conditions of their provision,
f. technical reasons,
g. change the name of any service covered by these Regulations;
h. disclosure of inaccuracies or inconsistencies in the content of these Regulations with the currently applicable provisions of law;
i. a change in applicable legal provisions justifying the need to amend or delete individual provisions of the Regulations;
j. the need to adapt the scope of the Seller's activities to the guidelines, recommendations, decisions or rulings of a public authority, court or other entity legally authorized to issue binding orders to it;
k. organizational and technical changes in the Seller's structure, including in particular
transformations, mergers, acquisitions, name changes.
5. The Seller may at any time introduce editorial changes to the Regulations and to correct typographical or calculation errors, which do not affect the rights and obligations of the parties.
6. Any changes to the Regulations shall come into effect on the appropriate date indicated by the Seller, but not shorter than 7 days.
7. The amended Regulations are binding on the User if the requirements specified in Articles 384 and 384[1] of the Civil Code are met, i.e., the User has been properly notified of the changes and has not terminated the contract within 14 calendar days of notification. Amendments to the Regulations do not violate acquired rights, which means that Orders placed before the amendments to the Regulations come into effect will be fulfilled in accordance with the existing provisions of the Regulations.
8. The introduction of other payment and shipping methods than those specified on the date of entry into force of the Regulations, available delivery methods and Seller's data is possible by providing information on this subject on the relevant subpages of the Online Store with information on possible payment and shipping methods and/or by informing Users about this fact in another way and does not constitute a change to the Regulations.
9. The Seller and the User choose Polish law as the law applicable to the legal relationships between them under these Terms and Conditions and agreements concluded via the Online Store. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply. However, this provision does not deprive Consumers of their rights arising from the mandatory provisions of the law of their country of permanent residence.
10. In case of doubt, it is agreed that the Consumer shall not be bound by those provisions of the Regulations that violate mandatory legal provisions regarding Consumer protection, in particular those that constitute prohibited contract provisions within the meaning of the Civil Code and which have been included in the register of provisions of standard contracts deemed prohibited, kept by the President of the Office of Competition and Consumer Protection.
11. The court with jurisdiction over the Seller's registered office shall have jurisdiction over any disputes arising from this Agreement. This change of venue does not apply to agreements concluded with Consumers.
12. To the extent permitted by law, the Seller's liability for any damages resulting from the use or inability to use the Products is excluded. The above provision does not apply to liability towards Consumers, to the extent that exclusion of such liability is legally inadmissible.
13. Agreements with the Seller are concluded in Polish.
14. Due to the content of the AUC, the Seller has designated an electronic contact point related to the Online Store for direct communication with Member State authorities, the Commission, and the Digital Services Council: contact@danbi.pl. The User can use the same contact point for quick and direct communication with the Seller. The Seller communicates in Polish or English.
15. The Regulations come into force on December 10, 2025.
16. The content of the Regulations may be saved on a medium or printed at any time.
17. The following annexes constitute an integral part of the Regulations:
a. Appendix No. 1 - Sample withdrawal form
b. Appendix No. 2 - Complaint form
Appendix No. 1 to the Regulations - Sample withdrawal form
WITHDRAWAL FORM SAMPLE
This form should be completed and returned only if you wish to withdraw from the contract.
To: MFY Magdalena Łaszewicz, ul. Wiejska 2, 57-402, Nowa Ruda.
Withdrawal form
I/We(*) hereby inform you about my/our(*) withdrawal from the sales contract
the following things: _____________________
Date of receipt/product availability : ________________________
Order number : ________________________
Name and surname : ________________________
E-mail address : ________________________
Address of consumer(s) :
________________________________________________________________________________________________________________________________________________
Bank account number for refund and bank name :
__________________________________________________________________
Signature : ________________________
Date : ________________________
(*) delete as appropriate
Appendix No. 2 to the Regulations - Complaint form
Complaint form
name and surname ……………………………………….. …………………………………address to
correspondence ……………………………………………………………………….
contact telephone number ……………………………………………………………………….
To: MFY Magdalena Łaszewicz, ul. Wiejska 2, 57-402, Nowa Ruda.
I declare that I am filing a complaint regarding the sales contract:
a. concluded on …………………………………………
b. order number ……………………………
c. Product ………………………………..
d. price …………………………………………..
e. description of the defect:
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
………………………………………………………
I am/am not enclosing* photographs of the defect with this complaint. If accepted,
complaint, I demand:
● exchange of goods for new ones*
……………………………………………………
date and signature
*delete as appropriate