which defines, among other things, the rules for concluding sales contracts through the Store, and contains key information about the Seller, the Store, and Consumer rights

Provisions concerning the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Contract
§ 8 Exceptions to the Right of Withdrawal from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
§ 12 Spirit Dust Gift Card Regulations
Appendix No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays.
Consumer – a consumer within the meaning of the provisions of the Civil Code.
Account – a free feature of the Store, regulated by separate terms and conditions (an electronically supplied service), through which the Buyer can create their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding an agreement with the Seller directly related to their business activity, but not having a professional character for them (this definition applies to contracts concluded from January 1, 2021).
Terms and Conditions – these terms and conditions.
Store – the Spirit Dust online store operated by the Seller at https://spiritdust.pl.
Seller – MAGDALENA JEDYNAK, an entrepreneur conducting business activity under the name Spirit Dust Magdalena Jedynak, entered into the Central Register and Information on Economic Activity maintained by the minister responsible for economy, Tax ID (NIP) 6922458584, REGON No. 520646231, ul. Klasztorna 23, 59-330 Ścinawa.

§ 2 CONTACT WITH THE SELLER

1. Postal address:
   Magdalena Jedynak
   ul. Klasztorna 23
   59-330 Ścinawa
2. Email address: shop@spiritdust.pl
3. Phone: 533527007

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, the following are required:
   • a device with Internet access
   • a web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 PURCHASES IN THE STORE

1. The prices of goods displayed in the Store are the total prices for the goods.
2. The Seller notes that the total price of an order consists of the following, as indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
3. The selected item for purchase should be added to the shopping cart in the Store.
4. Then, the Buyer selects from the options available in the Store: the method of goods delivery and the payment method for the order, and also provides the necessary data to fulfill the placed order.
5. The order is placed upon confirmation of its content and acceptance of the Terms and Conditions by the Buyer.
6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
7. The Seller will provide the Privileged Buyer with confirmation of the sales contract on a durable medium no later than at the time of goods delivery.
8. The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

1. Za złożone zamówienie można zapłacić, w zależności od wyboru Kupującego:
   1. standard bank transfer to the Seller’s bank account;
   2. payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via payment platform:
      • PayU
      • PayPal
   1. cash on delivery, i.e., cash upon delivery of the goods to the Buyer;
   2. cash upon personal collection of the goods.
2. If payment is chosen via the Shoper Payments platform, the entity providing online payment services is Blue Media S.A.
3. If the Buyer chooses advance payment, the order must be paid for within 7 Business Days from placing the order.
4. The Seller informs that for some payment methods, due to their specific nature, payment for the order using this method is only possible immediately after placing the order.
5. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

1. The Seller is obliged to deliver goods free from defects.
2. The order fulfillment period is indicated in the Store.
3. If the Buyer has chosen advance payment for the order, the Seller will proceed with order fulfillment after payment has been made.
4. If, within a single order, the Buyer has purchased goods with different fulfillment times, the order will be fulfilled within the period appropriate for the item with the longest fulfillment time.
5. Countries to which delivery is made:
   • Poland
   • Germany
   • United Kingdom
   • Hungary
   • Sweden
   • Slovenia
   • Slovakia
   • Romania
   • Portugal
   • Germany
   • Malta
   • Latvia
   • Luxembourg
   • Lithuania
   • Ireland
   • Netherlands
   • Spain
   • Greece
   • France
   • Finland
   • Estonia
   • Denmark
   • Czech Republic
   • Cyprus
   • Croatia
   • Bulgaria
   • Belgium
   • Austria
6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
   1. Via courier company
   2. Via Polish Post
   3. To InPost parcel lockers
7. The Buyer can collect the goods in person at the company’s premises during its opening hours.
8. If the Buyer chooses personal collection, the goods will be ready for collection within the specified order fulfillment period, and if the Seller has indicated a dispatch date for the goods – by that date.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of these Terms and Conditions, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days from the day:
   1. on which the Privileged Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
   2. on which the Privileged Buyer came into possession of the last item or on which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last item in the case of a contract obliging the transfer of ownership of many items that are delivered separately.
3. For the Privileged Buyer to exercise the right of withdrawal from the contract, they must inform the Seller, using the contact details provided in § 2 of these Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or information sent by email).
4. The Privileged Buyer may use the model withdrawal form provided at the end of these Terms and Conditions, however, this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information concerning the exercise of their right of withdrawal before the expiry of the withdrawal period.
   
   EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. In the event of withdrawal from the concluded contract, the Seller shall reimburse the Privileged Buyer all payments received from them, including the costs of goods delivery (with the exception of additional costs resulting from the Privileged Buyer’s choice of a delivery method other than the least expensive ordinary delivery method offered by the Seller), without undue delay, and in any event no later than 14 days from the day on which the Seller was informed of the Privileged Buyer’s decision to exercise the right of withdrawal.
7. The Seller will make the reimbursement using the same means of payment as used by the Privileged Buyer for the initial transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
8. The Seller may withhold reimbursement until they have received the goods back or the Privileged Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
9. The Seller requests that goods be returned to the address: ul. Klasztorna 23, 59-330 Ścinawa without undue delay, and in any event no later than 14 days from the day on which the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the expiry of the 14-day period.
10. The Privileged Buyer bears the direct costs of returning the goods.
11. The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
12. If, due to its nature, the goods cannot be returned by ordinary post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be communicated to the Privileged Buyer by the Seller in the product description in the Store or during the order placement.
13. Should it be necessary to refund funds for a transaction made by the Privileged Buyer using a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right of withdrawal from a distance contract, referred to in § 7 of these Terms and Conditions, does not apply to a contract:
   1. for the supply of goods that are non-prefabricated, manufactured according to the Privileged Buyer’s specifications or clearly personalized;
   2. for the supply of goods liable to deteriorate or expire rapidly;
   3. for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
   4. for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
   5. for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
   7. where the price or remuneration depends on fluctuations in the financial market which the Seller cannot control and which may occur before the expiry of the period for withdrawal from the contract.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer has the option to complain about the defective goods based on the statutory warranty regulated in the Civil Code or a guarantee, if a guarantee has been provided.
2. By exercising the statutory warranty, the Buyer may, under the terms and within the deadlines specified in the Civil Code:
   1. submit a statement on price reduction,
   2. in case of a significant defect – submit a statement on withdrawal from the contract,
   3. demand replacement of the item with a defect-free one,
   4. demand removal of the defect.
3. The Seller requests that complaints based on the statutory warranty be submitted to the postal or electronic address indicated in § 2 of these Terms and Conditions.
4. If it turns out that for the complaint to be processed, it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver these goods, in the case of a Privileged Buyer – at the Seller’s expense, to the address:
   Magdalena Jedynak
   ul. Klasztorna 23
   59-330 Ścinawa.
5. If an additional guarantee has been provided for the goods, information about it, as well as its terms, is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be sent to the email address indicated in § 2 of these Terms and Conditions.
7. The Seller will consider the complaint within 14 days.
   
   OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND CLAIMS
8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among other things:
   1. mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. the assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance from a municipal or district consumer ombudsman;
   4. the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the fulfillment of orders. The legal basis for processing personal data in this case is:
   • the contract or actions taken at the Buyer’s request aimed at its conclusion (Art. 6(1)(b) GDPR),
   • a legal obligation incumbent on the Seller related to accounting (Art. 6(1)(c)) and
   • the legitimate interest of the Seller, consisting of processing data for the purpose of establishing, pursuing, or defending potential claims (Art. 6(1)(f) GDPR).
3. The provision of data by the Buyer is voluntary, but at the same time necessary for the conclusion of the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the contract concluded between the Buyer and the Seller ceases to be in force;
   2. the Seller’s legal obligation to process the Buyer’s data ceases;
   3. the possibility for the Buyer or Seller to pursue claims related to the contract concluded through the Store ceases;
   4. the Buyer’s objection to the processing of their personal data is accepted – in cases where the basis for data processing was the legitimate interest of the Seller
   – depending on what applies in a given case and what occurs last.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. their rectification,
   3. deletion,
   4. restriction of processing,
   5. data portability to another administrator
      as well as the right:
   6. to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Art. 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the administrator).
6. To exercise their rights, the Buyer should contact the Seller using the contact details from § 2 of these Terms and Conditions.
7. If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of fulfilling the order.
3. Contracts concluded on the basis of these Terms and Conditions are concluded in Polish.
4. In the event of a dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court appropriate for the Seller’s registered office.

§ 12 SPIRIT DUST GIFT CARD TERMS AND CONDITIONS

1. Purchase and Shipping
   • The gift card is available exclusively in digital form.
   • After purchase, the gift card will be sent to the provided email address within 24 hours.
   • If you do not receive the gift card within 24 hours of purchase, please contact us at shop@spiritdust.pl.
2. Gift Card Redemption
   • The gift card can be used for all products available in the Spirit Dust online store.
   • The card’s value must be used during a single purchase. Any difference between the card’s value and the order value can be paid additionally.
   • The gift card cannot be exchanged for cash or refunded.
3. Validity
   • The gift card is valid for 12 months from the date of purchase.
   • After its expiry, the card becomes invalid, and any unused value is forfeited.
4. Loss and Theft
   • Spirit Dust is not responsible for the loss, theft, or destruction of the gift card.
   • The gift card is for single use and should be kept in a safe place.
5. Contact in case of problems
   • For questions or problems related to the gift card, please contact us at shop@spiritdust.pl.

By purchasing a gift card, you agree to the above terms and conditions.

Appendix No. 1 to the Terms and Conditions

Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

Spirit Dust Magdalena Jedynak
ul. Klasztorna 23, 59-330 Ścinawa
Email address: shop@spiritdust.pl

– I/We(*) …………………………………………………………… hereby inform you of my/our(*) withdrawal from the contract of sale of the following goods(*) / for the provision of the following service(*):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

– Date of contract conclusion^(*)/receipt^(*)

…………………………………………………………………………………………………………………………………………………………

– Name of Consumer(s) / Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

– Address of Consumer(s) / Privileged Entrepreneur(s):

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………
Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ……………………………………..

(*) Delete as appropriate.

Account Regulations

at the Spirit Dust store

Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 General Provisions

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the provisions of the Civil Code.
Account – a free function of the Store (service) regulated in the Regulations, thanks to which the Buyer can create their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding a contract with the Seller directly related to their business activity, but not having a professional character for them (definition applies to contracts concluded from January 1, 2021).
Regulations – these Account Regulations.
Store – Spirit Dust online store operated by the Seller at https://spiritdust.pl
Seller – MAGDALENA JEDYNAK, an entrepreneur conducting business activity under the name Spirit Dust Magdalena Jedynak, entered into the Central Register and Information on Economic Activity maintained by the minister responsible for economy and maintaining the Central Register and Information on Economic Activity, NIP 6922458584, REGON no. 520646231, ul. Klasztorna 23, 59-330 Ścinawa.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Klasztorna 23, 59-330 Ścinawa
2. Email address: shop@spiritdust.pl
3. Phone: 533527007

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and creation of an Account, the following are required:
   • an active email account
   • a device with Internet access
   • a web browser supporting JavaScript and cookies

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the Buyer’s will.
2. The Account provides the Buyer with additional functionalities, such as: viewing the order history placed by the Buyer in the Store, checking order status, or independently editing Buyer’s data.
3. To create an Account, please fill out the appropriate form in the Store.
4. Upon creating an Account, an indefinite-term agreement is concluded between the Buyer and the Seller regarding the maintenance of the Account on the terms specified in these Regulations.
5. The Buyer may resign from the Account at any time without incurring any costs.
6. To resign from the Account, the Buyer should send their resignation to the Seller’s email address: shop@spiritdust.pl, which will result in the immediate deletion of the Account and termination of the agreement regarding the maintenance of the Account.

§ 5 COMPLAINTS

1. Complaints regarding the functioning of the Account should be directed to the email address shop@spiritdust.pl.
2. The Seller will consider the complaint within 14 days.
   
   OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND CLAIMS
3. If the complaint procedure does not bring the expected result for the Consumer, the Consumer may, among others, use:
   1. mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
   2. the assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   3. free assistance from a municipal or district consumer ombudsman;
   4. the ODR online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR“.
2. The purpose of processing the Buyer’s data is to maintain the Account. The legal basis for processing personal data in this case is a service provision agreement or actions taken at the Buyer’s request aimed at concluding it (Art. 6(1)(b) GDPR), as well as the Seller’s legitimate interest in processing data for the purpose of establishing, pursuing, or defending potential claims (Art. 6(1)(f) GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary for maintaining the Account. Failure to provide data means that the Seller will not be able to provide the Account maintenance service.
4. The Buyer’s data will be processed until:
   1. The Account is deleted by the Buyer or by the Seller at the Buyer’s request
   2. the possibility of pursuing claims by the Buyer or Seller related to the Account ceases;
   3. the Buyer’s objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Seller’s legitimate interest
   – depending on what applies in a given case and what occurs last.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. their rectification,
   3. deletion,
   4. restriction of processing,
   5. data portability to another administrator
      as well as the right:
   6. to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Art. 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the administrator).
6. To exercise their rights, the Buyer should contact the Seller.
7. If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the President of the Personal Data Protection Office.

§ 7 GENERAL PROVISIONS

1. The Buyer is prohibited from providing unlawful content.
2. The agreement for maintaining the Account is concluded in Polish.
3. In the event of important reasons, as referred to in paragraph 4, the Seller has the right to amend the Regulations.
4. Important reasons, as referred to in paragraph 3, include:
   1. the need to adapt the Store to legal provisions applicable to the Store’s operations
   2. improving the security of the provided service
   3. a change in Account functionality requiring modification of the Regulations.
5. The Buyer will be informed of the planned change to the Regulations at least 7 days before the change comes into effect, via an email sent to the address assigned to the Account.
6. If the Buyer does not accept the planned change, they should inform the Seller by sending an appropriate message to the Seller’s email address shop@spiritdust.pl, which will result in the termination of the agreement for maintaining the Account at the moment the planned change comes into effect, or earlier if the Buyer submits such a request.
7. If the Buyer does not object to the planned change before it comes into effect, it is assumed that they accept it, which does not constitute any obstacle to terminating the agreement in the future.
8. In the event of a dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court appropriate for the Seller’s registered office.