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    Regulations

    Terms and conditions of the Spirit Dust online store

    specifying, among other things. rules of concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

    The provisions regarding the Preferred Entrepreneur apply to contracts entered into as of January 1, 2021.

    TABLE OF CONTENTS

    § 1 Definitions
    § 2 Contacting the Seller
    § 3 Technical Requirements
    § 4 Shopping at the Store
    § 5 Payment
    § 6 Order Fulfillment
    § 7 Right of Revocation
    § 8 Exceptions to the Right of Revocation
    § 9 Complaints
    § 10 Personal Information
    § 11 Disclaimers
    § 12 Terms and Conditions of the Spirit Dust Gift Card
    Attachment No. 1: Model Revocation Form

    § 1 DEFINITIONS

    Working days – days from Monday to Friday except for public holidays.
    Consumer – a consumer within the meaning of the Civil Code.
    Account – a free-of-charge feature of the Store (service provided electronically), regulated by separate regulations, thanks to which the Buyer can create his individual account in the Store.
    Buyer – any entity purchasing from the Store.
    Privileged Buyer – Consumer or Business Privileged Buyer.
    Privileged Entrepreneur – an individual who enters into a contract with the Seller that is directly related to his/her business activity, but which does not have a professional character for him/her (the definition is effective for contracts concluded from January 1, 2021).
    Regulations – these rules and regulations.
    Store – Spirit Dust online store operated by the Seller at https://spiritdust.pl.
    Seller – MAGDALENA JEDYNAK, entrepreneur running a business under the name Spirit Dust Magdalena Jedynak, registered in the Central Register of Business Activity and Information kept by the minister responsible for economy and keeping the Central Register of Business Activity and Information, NIP 6922458584, REGON 520646231, ul. Klasztorna 23, 59-330 Ścinawa.

    § 2 CONTACTING THE SELLER

    1. Mailing Address:
      Magdalena Jedynak
      ul. Klasztorna 23
      59-330 Ścinawa
    2. E-mail address: shop@spiritdust.pl
    3. Phone: 533527007

    § 3 TECHNICAL REQUIREMENTS

    1. For the proper functioning of the Store you need:
      • device with internet access
      • A web browser that supports JavaScript and cookies.
    2. For placing an order in the Store, in addition to the requirements specified in paragraph. 1, an active e-mail account is required.

    § 4 SHOPPING IN THE STORE

    1. The prices of goods shown in the Store are the total prices for the goods.
    2. The Seller notes that the total price of an order consists of the price for the goods indicated in the Store and, if applicable, the delivery costs of the goods.
    3. The goods selected for purchase should be added to the shopping cart in the Store.
    4. Then the Buyer selects from the available in the Store: the method of delivery of goods and the method of payment for the order, as well as provides the data necessary to complete the order placed.
    5. The order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
    6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
    7. The seller will provide the privileged buyer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivery of the goods.
    8. The buyer can register in the Store, i.e. set up an Account with it, or make purchases without registration by providing your information with each possible order.

    § 5 PAYMENTS

    1. Za złożone zamówienie można zapłacić, w zależności od wyboru Kupującego:
      1. By ordinary bank transfer to the Seller’s bank account;
      2. via payment card:
        • Visa
        • Visa Electron
        • MasterCard
        • MasterCard Electronic
        • Maestro
      3. via a payment platform:
        • PayU
        • PayPal
      1. cash on delivery, i.e. In cash at the time of delivery of the goods to the Buyer;
      2. In cash at the time of personal collection of goods.
    2. If you choose to pay via the Shoper Payments platform, the online payment service provider is Blue Media S.A.
    3. If the Buyer chooses to pay in advance, the order must be paid for within 7 Business Days of placing the order.
    4. The seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
    5. Buyer by purchasing from the Store accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

    § 6 ORDER EXECUTION

    1. The seller is obliged to deliver goods without defects.
    2. The lead time of the order is indicated in the Store.
    3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order once it has been paid.
    4. In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
    5. States on the territory of 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
      • Dishes
      • Czech Republic
      • Cyprus
      • Croatia
      • Bulgaria
      • Belgium
      • Austria
    6. Goods purchased from the Store are delivered depending on which delivery method the Buyer has chosen:
      1. Through a courier company
      2. Through the Polish Postal Service
      3. To InPost parcel machines
    7. The buyer can pick up the goods in person at the company’s headquarters during opening hours.
    8. If the Buyer chooses personal pickup, the goods will be ready for pickup on the indicated order completion date, and if the Seller has indicated a date for shipping the goods – on that date.

    § 7 RIGHT OF WITHDRAWAL

    1. A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
    2. The deadline for withdrawal from the contract expires after 14 days from the date:
      1. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
      2. in which the Priority Buyer took possession of the last of the items or in which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last of the items in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately.
    3. In order for a privileged buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
    4. A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
    5. In order to observe the deadline for withdrawal, it is sufficient for the privileged Buyer to send information concerning the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.

      EFFECTS OF WITHDRAWAL FROM THE CONTRACT
    6. In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right to withdraw from the contract.
    7. The Seller will refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer will not incur any fees in connection with this refund.
    8. The seller may withhold reimbursement until it receives the goods or until it is provided with proof of their return, whichever event occurs first.
    9. The seller asks to return the goods to the address: ul. Klasztorna 23, 59-330 Ścinawa immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged buyer sends back the goods before the expiration of the 14-day period.
    10. The privileged buyer shall bear the direct costs of returning the goods.
    11. The privileged buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods other than what was necessary to ascertain the nature, characteristics and functioning of the goods.
    12. If the goods, due to their nature, cannot be returned by ordinary mail, the privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
    13. If there is a need for a refund of funds for a transaction made by a Buyer with a privileged payment card, the Seller will make the refund to the bank account assigned to that payment card.

    § 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

    1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply to the contract:
      1. in which the object of performance is a non-refabricated item, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
      2. in which the object of performance is an item that is perishable or has a short shelf life;
      3. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
      4. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
      5. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
      6. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
      7. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal.

    § 9 COMPLAINTS

    1. In the event of a defect in the goods, the Buyer has the option of claiming the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee has been granted.
    2. Using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
      1. Make a statement on price reduction,
      2. With a material defect – make a declaration of withdrawal from the contract,
      3. Demand that the item be replaced with a defect-free one,
      4. Demand removal of the defect.
    3. The Seller requests that complaints on the basis of warranty be submitted to the postal or electronic address indicated in § 2 of the Regulations.
    4. If it turns out that in order to consider the complaint 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 expense of the Seller, to the following address:
      Magdalena Jedynak
      ul. Klasztorna 23
      59-330 Ścinawa.
    5. If the goods are additionally covered by a warranty, information about it, as well as its terms, is available in the product description in the Store.
    6. Complaints about the operation of the Store should be addressed to the e-mail address indicated in § 2 of the Regulations.
    7. Complaints will be handled by the Seller within 14 days.

      JUDGMENTAL METHODS FOR DISPUTING COMPLAINTS AND RECEIVING CLAIMS
    8. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things. z:
      1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which mediation should be requested. 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. assistance of the locally competent permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
      3. free assistance from the city or county consumer ombudsman;
      4. ODR’s online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

    § 10 PERSONAL DATA

    1. The administrator of the personal data provided by the Buyer when using the Store is the Seller. Detailed information about the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of data – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO“.
    2. The purpose of the Seller’s processing of Buyer’s data, provided by the Buyer in connection with purchases in the Store, is to process orders. The basis for processing personal data in this case is:
      • contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
      • Vendor’s legal obligation related to accounting (Article 6(1)(c)), and
      • Vendor’s legitimate interest in processing data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
    3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
    4. 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 will cease to be in force;
      2. the Seller will cease to be under a legal obligation, obliging him to process the Buyer’s data;
      3. the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
      4. the Buyer’s objection to the processing of his personal data is accepted – in case the basis of data processing was the legitimate interest of the Seller
      – depending on what is applicable in the case and what will happen at the latest.
    5. The buyer is entitled to demand:
      1. Access to their personal data,
      2. their correction,
      3. removals,
      4. processing restrictions,
      5. transfer of data to another controller
        and also the right:
      6. object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him, based on Art. 6 paragraph. 1(f) RODO (i.e., on legitimate interests pursued by the administrator).
    6. In order to exercise his rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
    7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.

    § 11 RESERVATIONS

    1. It is prohibited for the Buyer to provide unlawful content.
    2. Each time an order is placed in the Store, it constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of the order.
    3. Contracts concluded on the basis of the Regulations are concluded in the Polish language.
    4. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.

    § 12 SPIRIT DUST GIFT CARD REGULATIONS

    1. Purchase and shipping
      • The gift card is only available in digital form.
      • After purchase, the gift card will be sent to the email address provided within 24 hours.
      • If you do not receive a 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 value of the card must be used in one purchase. The difference between the value of the card and the value of the order can be surcharged.
      • The gift card is not exchangeable for cash or refundable.
    3. Validity
      • The gift card is valid for 12 months from the date of purchase.
      • Upon expiration, the card becomes invalid and the 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 disposable and should be kept in a safe place.
    5. Contact in case of problems
      • If you have any questions or problems with 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 Regulations

    Below is a sample withdrawal form, which a Consumer or Privileged Entrepreneur may or may not use:


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

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

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

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

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

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

    – Date of contract(*)/collection(*)

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

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

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

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

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

    …………………………………………………………………………………………………………………………….

    …………………………………………………………………………………
    Signature of Consumer(s)/Entrepreneur(s) Privileged
    (only if form is submitted on paper)

    Date ……………………………………..

    (*) Delete as necessary.

    Account Terms and Conditions

    in the Spirit Dust store

    The provisions regarding the Preferred Entrepreneur apply to contracts entered into as of January 1, 2021.

    CONTENTS
    § 1 Definitions
    § 2 Contacting the Seller
    § 3 Technical Requirements
    § 4 Account
    § 5 Complaints
    § 6 Personal Information
    § 7 Disclaimer

    § 1 DEFINITIONS

    Consumer – a consumer within the meaning of the Civil Code.
    Account – a gratuitous function of the Store (service) regulated in the Regulations, thanks to which the Buyer can create his individual account in the Store.
    Buyer – any entity purchasing from the Store.
    Privileged Buyer – Consumer or Business Privileged Buyer.
    Privileged Entrepreneur – an individual who enters into a contract with the Seller that is directly related to his/her business activity, but which does not have a professional character for him/her (the definition is effective for contracts concluded from January 1, 2021).
    Regulations – these regulations of the Account.
    Store – Spirit Dust online store operated by the Seller at https://spiritdust.pl
    Seller – MAGDALENA JEDYNAK, entrepreneur running a business under the name Spirit Dust Magdalena Jedynak, registered in the Central Register of Business Activity and Information kept by the minister responsible for economy and keeping the Central Register of Business Activity and Information, NIP 6922458584, REGON 520646231, ul. Klasztorna 23, 59-330 Ścinawa.

    § 2 CONTACTING THE SELLER

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

    § 3 TECHNICAL REQUIREMENTS

    1. For the proper functioning and establishment of the Account you need:
      • active e-mail account
      • device with internet access
      • A web browser that supports JavaScript and cookies

    § 4 ACCOUNT

    1. The creation of an Account is completely voluntary and depends on the will of the Buyer.
    2. The account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer’s data on his own.
    3. In order to create an Account, you need to fill out the appropriate form in the Store.
    4. At the moment of creating an Account, a contract is concluded for an indefinite period of time between the Buyer and the Seller with regard to the maintenance of the Account under the terms and conditions indicated in the Regulations.
    5. The Buyer may cancel the Account at any time without any cost.
    6. In order to cancel the Account, you must send your cancellation to the Seller at the e-mail address: shop@spiritdust.pl, which will result in immediate deletion of the Account and termination of the contract for the Account.

    § 5 COMPLAINTS

    1. Complaints about the functioning of the Account should be sent to the e-mail address shop@spiritdust.pl.
    2. Complaints will be handled by the Seller within 14 days.

      JUDGMENTAL METHODS FOR DISPUTING COMPLAINTS AND RECEIVING CLAIMS
    3. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things. z:
      1. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which mediation should be requested. 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. assistance of the locally competent permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
      3. free assistance from the city or county consumer ombudsman;
      4. ODR’s online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

    § 6 PERSONAL DATA

    1. The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information about the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of data, is contained in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO“.
    2. The purpose of processing the Buyer’s data is to maintain the Account. The basis for the processing of personal data in this case is the contract for the provision of services or actions taken at the request of the Buyer to conclude it (Article 6(1)(b) RODO), as well as the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
    3. Provision of data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide the data means that the Seller will not be able to provide the service of maintaining the Account.
    4. Buyer’s data will be processed until:
      1. The account will be deleted by the Buyer or Seller at the request of the Buyer
      2. the possibility of asserting claims by the Buyer or Seller related to the Account will cease;
      3. the Buyer’s objection to the processing of his personal data is accepted – in case the basis of data processing was the legitimate interest of the Seller
      – depending on what is applicable in the case and what will happen at the latest.
    5. The buyer is entitled to demand:
      1. Access to their personal data,
      2. their correction,
      3. removals,
      4. processing restrictions,
      5. transfer of data to another controller
        and also the right:
      6. object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him, based on Art. 6 paragraph. 1(f) RODO (i.e., on legitimate interests pursued by the administrator).
    6. In order to exercise their rights, the Buyer should contact the Seller.
    7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.

    § 7 RESERVATIONS

    1. It is prohibited for the Buyer to provide unlawful content.
    2. The Agreement with respect to the maintenance of the Account is concluded in the Polish language.
    3. In the event of the occurrence of important reasons referred to in paragraph. 4, the Seller has the right to amend the Terms and Conditions.
    4. The important reasons referred to in paragraph. 3 are:
      1. the need to adapt the Store to the laws applicable to the Store’s operations
      2. improve the security of the service provided
      3. change in the functionality of the Account requiring modification of the Terms and Conditions.
    5. The Buyer will be informed of the planned change to the Terms and Conditions at least 7 days before the change takes effect via an e-mail sent to the address assigned to the Account.
    6. In the event that the Buyer does not accept the planned change, the Buyer should inform the Seller by sending an appropriate message to the Seller’s e-mail address shop@spiritdust.pl, resulting in termination of the Account agreement as of the effective date of the planned change, or earlier if the Buyer makes such a request.
    7. In a situation where the Buyer does not object to the planned change by the time it takes effect, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the contract in the future.
    8. In case of a possible dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the registered office of the Seller.