During using the website https://dariuszjasak.com/ some of your personal data may be obtained by the website’s operator, Dariusz Jasak.
Who is your personal data controller?
The data controller of your personal data, as understood under Article 4 point 7 of GDPR, is Dariusz Jasak, sole proprietor, registered in the Central Records and Information on Economic Activity, tax identification number (NIP): 9522193528.
You can contact us via e-mail: firstname.lastname@example.org; under phone number: +48608427925 or via traditional post, at ul. Teodora Axentowicza 13, 04-629 Warsaw, Poland.
What kind of data do we process and why?
Your personal data are being processed in the abovementioned purposes until the you effectively exercise the right to object to their processing.
Providing us with your personal data is voluntary.
To whom may we disclose your personal data?
The data concerning you may be disclosed to entities entitled to access them by generally applicable law (such as: police). We may also disclose your personal data to entities cooperating with us, including those providing goods or services for us, such as hosting services.
We may collect your personal data using third party cookies, which originate from servers of entities cooperating with us, who have headquarters or data centres outside European Economic Area (EEA). Those personal data may be processed outside European Economic Area (EEA), but in such case GLLR shall provide adequate guarantees of security and respect for your privacy.
We process your personal data – you have rights
As the data subject whose personal data are being processed, you are entitled to:
- request access to your personal data that concerns you;
- request that the data are corrected;
- request removal of your personal data, if the data concerning you:
(1) are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
(2) you withdraw your consent for processing your data and there is no other legal ground for processing them,
(3) you object processing your personal data,
(4) your data has been unlawfully processed or
(5) we are obliged to erase your data under provisions of generally applicable law;
- restriction of processing of your personal data for specific period of time, if:
(1) you contest the accuracy of your personal data,
(2) the processing is unlawful and you oppose to erasure of your data, instead request restriction of their processing,
(3) we no longer need your personal data but you require them to establish, exercise of defend of legal claims or
(4) you object processing but we have to verify if our legitimate grounds for processing your personal data does not override your objection;
- object processing your personal data if the processing is based on enforcement of legitimate interest of the data controller;
- request transfer of the data you provided us with, if the processing is based on your consent and is carried out by automatic means (data portability);
- lodge a complaint with an appropriate supervisory authority, which in Poland is the President of the Personal Data Protection Office.
Your personal data would not be used in automatic decision-making processes and they shall not be profiled.
We proclaim to secure your personal data accordingly to generally applicable law and to process them solely for the purposes stated above. We declare to provide protection of your personal data and to implement appropriate technical and organizational measures to secure personal data appropriately, adequately to risks and their categories in order to ensure the proper level of security of personal data, considering risk of breaching the rights or freedoms of natural person, in particular undertakes to protect personal data against unauthorized access, unauthorized retrieval, processing in violation of applicable law and against alteration, loss, damage or destruction.
What are cookies?
Cookie files (so-called "cookies") are IT data files, in particular text files, which are stored on the website User's end device and are intended for using the website pages.
More information about cookies can be found at https://www.aboutcookies.org/ or https://wszystkoociasteczkach.pl/.
Types of cookies we use
Due to the period of storage (retention), cookies used by the website may be qualified as:
- "session" or "temporary" cookies related to the website browsing session, which are stored on the user's device until they leave the website;
- "persistent" cookies, saved on the user's device and remaining in the browser's memory after the end of the session, unless they are deleted at the user's request;
- cookies of external entities (so-called third party cookies) from the servers of entities cooperating with the website.
Due to the purpose of their use, cookies used by the website may be qualified as:
- necessary for the proper functioning of the site and its individual components;
- functional, enabling the website to remember the choices made on the website pages, including language settings;
- performance, the purpose of which is to collect information about how websites are used;
- analytical, used for statistical purposes.
More information may be found in your browser’s settings.
TERMS AND CONDITIONS
§ 1. General provisions
1. The online store available at https://dariuszjasak.com/SHOP ("Store") is operated by Dariusz Jasak, a sole proprietor, registered in the Central Records and Information on Economic Activity, Tax Identification Number (NIP): 9522193528, Business Identification Number (REGON): 382478412, service address: 13 Teodora Axentowicza Street, 04-629 Warszawa, e-mail address: email@example.com, telephone: +48608427925. "Seller").
2. These Terms and conditions of the online Store (hereinafter: "Terms") are the regulations referred to in Article 8(1)(1) of the Act of 18 July 2002 on electronic services and determine the terms, scope and conditions for use by users of services provided by the service provider, Seller, through the Store.
4. In order to use the Store it is necessary to have a device with Internet access and up-to-date version of a web browser (such as Mozilla Firefox, Google Chrome, Microsoft Edge, Opera, etc.).
§ 2. Order and delivery
1. Placing an order in the Store consists of selecting the appropriate product and adding it to the basket. In the case of a poster, select the print size from among those available in the Store.
2. To complete the order, it is necessary to provide contact details (name, surname, e-mail address, telephone number) and the delivery address, including the country of destination.
3. The placed order must be confirmed by the Store's staff via e-mail before completing it. Contract of sale is concluded after the order has been accepted for execution by the store staff.
4. The order processing time is counted from the day the payment is credited to the bank account of the Seller. Delivery time is approx. 10 days - posters are printed at order, therefore delivery time may be extended.
5. Orders are shipped only to countries which selection list is visible while placing the order.
6. The costs of packaging and shipping, in the amount indicated at the payment stage of placing the order, are covered by the customer.
§ 3. Payment
1. Prices of all goods available in the Store are gross prices (including VAT) and are expressed in euro (currency).
2. Prices of goods do not include shipping costs.
3. The only available form of payment is payment by credit card.
4. Payment card transactions are settled via Stripe.com: https://stripe.com/en-pl/ssa https://stripe.com/en-pl/privacy.
§ 4. Withdrawal from the contract
1. A customer who is a consumer within the meaning of the Act of 23 April 1964 (Journal of Laws of 2020, item 1740, as amended) - Civil Code ("Civil Code"), has the right to withdraw from the sales contract concluded on the distance within 14 days from the moment goods are taken into possession by the customer or a third party designated by the customer other than the carrier.
2. The abovementioned right shall also apply to a natural person concluding a contract directly related to his economic activity, when the contents of this contract indicate that it is not of professional nature for this person, resulting in particular from the object of the economic activity conducted by such person, made available under the provisions on the Central Records and Information on Economic Activity.
3. In order to exercise the right to withdraw, customer submits a declaration of withdrawal from the contract to the Seller. For this purpose, customer may use the model withdrawal form attached to these Terms. This does not limit the possibility of submitting any unequivocal declaration of withdrawal in a different form.
4. In particular, customer may send a declaration of withdrawal to the e-mail address: firstname.lastname@example.org.In the case of sending the declaration by post, the declaration should be sent to the following address: ul. Teodora Axentowicza 13, 04-629 Warsaw - in order to meet the withdrawal deadline, it is sufficient to send communication concerning exercise of the right to withdrawal before the withdrawal period has expired.
5. The period for withdrawal from the sales contract shall run from the moment the goods are taken into the possession by the customer or a third party designated by the customer, other than the carrier. If the sales contract covers many goods delivered separately, in batches or in parts - the time limit runs from the time of taking possession of the last good, batch or part.
6. The customer is obliged to return goods to the Seller immediately, but not later than 14 days from the date he withdrew from the contract. To meet this deadline, it is sufficient to send the goods before the period has expired. The customer is obliged to pack and secure the returned goods in such a way that they are not damaged in transport - in particular, the packaging in which the Seller delivered the ordered goods may be used.
7. The customer returns the goods at his own expense - the seller does not accept the customer returning the goods by cash on delivery (COD shipments).
8. In the event of withdrawal from a distance contract, the contract is considered void. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the customer's statement of withdrawal from the contract, return the price of the goods and the cost of shipping goods to the customer. If the customer chose a method of delivering the goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by him.
9. The Seller may withhold the reimbursement of payments until receipt of the goods or until the time the customer provide proof of its return, depending on which event occurs first.
10. The Seller shall refund the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of return, that does not impose any additional costs on him.
11. The customer is liable for a decrease in the value of returned goods that resulted of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. The Seller reserves the right to claim damages against the customer to the extent permitted by applicable law.
12. Pursuant to Art. 38(3) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from a distance contract is not applicable to contracts where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs.
§ 5. Complaints
1. The Seller undertakes to deliver goods to customers without physical and legal defects. In the event of such defects, the Seller shall be legally liable under the statutory warranty for defects, regulated by the Civil Code. The following provisions do not limit the rights of customers who are consumers within the meaning of the Civil Code.
2. The complaint under the statutory warranty should indicate: the reason for the complaint, the content of the request and the details of the person submitting the complaint (name, surname, contact details). The complaint may be sent to the postal address, ul. Teodora Axentowicza 13, 04-629 Warszawa or by e-mail to the following address: email@example.com.
3. The customer should deliver the advertised goods to the following address: ul. Teodora Axentowicza 13, 04-629 Warsaw. If the customer exercises the rights in the form of a request to replace the item with an item free from defects or to withdraw from the contract, the shipping costs are covered by the Seller.
4. The Seller will respond to the customer's complaint within 14 calendar days and notify the customer about further proceedings.
5. The Seller is liable under the statutory warranty for physical or legal defects of the sold goods only if a physical defect is detected before the elapse of two years from the delivery of the goods to the customer.
6. A customer who is a natural person concluding a contract directly related to his economic activity, when the contents of this contract indicate that it is not of professional nature for this person, resulting in particular from the object of the economic activity conducted by said person, made available under the provisions on the Central Records and Information on Economic Activity (who is not a consumer within the meaning of the Civil Code) may submit a complaint, but the Seller's liability under the statutory warranty for physical defects of the goods is limited only to the right to demand removal of the defect. In this case, the Seller, at his discretion, will replace the defective product with a product free from defects or remove the defect. The Seller may also withdraw from the contract by returning the customer who is natural person concluding a contract directly related to his economic activity, when the contents of this contract indicate that it is not of professional nature for this person, resulting in particular from the object of the economic activity conducted by said person, made available under the provisions on the Central Records and Information on Economic Activity (who is not a consumer within the meaning of the Civil Code), the price for the goods affected by physical defect. In the remaining scope, the Seller's liability under the statutory warranty for defects in the goods in relation to customers who are natural person concluding a contract directly related to his economic activity, when the contents of this contract indicate that it is not of professional nature for this person, resulting in particular from the object of the economic activity conducted by said person, made available under the provisions on the Central Records and Information on Economic Activity (who are not consumers within the meaning of the Civil Code) is excluded.
7. In the case of contracts concluded with customers who are entrepreneurs other than natural person concluding a contract directly related to his economic activity, when the contents of this contract indicate that it is not of professional nature for this person, resulting in particular from the object of the economic activity conducted by such person, made available under the provisions on the Central Records and Information on Economic Activity, the Seller shall be liable only in the event of deliberate damage and within the limits of actually incurred losses to a customer who is such an entrepreneur.
8. In the case of other customers who are not consumers, subject to the provisions of sec. 6 and 7 above, liability under the statutory warranty for defects in the goods is excluded.
§ 6. Personal data
1. The data controller is the Seller. hereinafter also referred to also as “Controller”.
2. Data protection is carried out in accordance with the requirements of generally applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
3. Personal data will be processed by the Seller:
- in case the customer is a natural person, including those running business as a sole proprietors for the purposes of:
a. - performance of the contract, contact with the customer, placing an order, and thus taking steps at the request of the data subject prior to entering into a contract, on the basis of Article 6(1)(b) GDPR - for the duration and until the execution of the order, and thereafter for the period of limitation of claims arising from the contract;
b. performance of obligations incumbent on the Controller, arising primarily from tax and accounting law (Article 6(1)(c) GDPR in connection with such acts of generally applicable law) - for the period provided for by law;
c. to establish, assert or defend against possible claims that may be connected with the provision of services - in order to pursue the Controller's legitimate interest in the form of securing claims, thus on the basis of Article 6(1)(f) GDPR - for the period provided for by the law on the statute of limitations for claims;
d. to pursue the Controller's legitimate interests in the form of marketing of its own products and services, i.e. Article 6(1)(f) of the GDPR, whereby in accordance with the provisions of the appropriate e-privacy law provisions in order to send commercial information to the e-mail address and telephone number it is necessary to obtain additional consent to use the provided communication channels for marketing activities. In this case, the customer's data will be processed until they object to their processing or until they withdraw their consent to receive marketing and information materials electronically, depending on which takes place first.
- in case the customer is a company (legal person, organisational unit without legal personality), and a natural person acts on its behalf - personal data of this person will be processed for the purposes of:
e. in order to perform the contract concluded by the Controller with the client whom this person represents, and thus to pursue the Controller’s legitimate interest (Article 6(1)(f) GDPR);
f. to establish, assert or defend against possible claims that may be connected with the provision of services - in order to pursue the Controller's legitimate interest in the form of securing claims, thus on the basis of Article 6(1)(f) GDPR - for the period provided for by the law on the statute of limitations for claims;
g. to pursue the Controller's legitimate interests in the form of marketing of its own products and services, i.e. Article 6(1)(f) of the GDPR, whereby in accordance with the provisions of the appropriate e-privacy law provisions in order to send commercial information to the e-mail address and telephone number it is necessary to obtain additional consent to use the provided communication channels for marketing activities. In this case, the customer's data will be processed until they object to their processing or until they withdraw their consent to receive marketing and information materials electronically, depending on which takes place first.
4. Personal data may be disclosed to entities providing payment services and entities providing the Controller with technical, IT, HR and legal support. The data may also be disclosed to entities entitled to access them under the law, e.g. the police, courts.
5. Data will not be transferred to third countries, nor will it be subject to profiling.
6. Data subjects have the right to access, rectification, and in some cases to demand their erasure or restriction of processing of personal data, the right to object to processing, as well as the right to data portability.
7. When processing is based on consent and regarding the consent to receive commercial information via electronic communication channels, the data subject shall have the right to withdraw given consent at any time. The withdrawal of consent shall not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
8. If data subject considers that the processing performed by the Controller infringes the law, data subject has the right to lodge a complaint to the supervisory authority - the President of the Office for Personal Data Protection.
9. Providing personal data is voluntary, yet necessary to perform and carry out the contract or provide services.
§ 7. Intellectual property
1. The content available on the Store's websites, in particular photos, are works within the meaning of the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2021, item 1062, as amended), to which the Seller is entitled.
2. The Seller informs that the further dissemination of this content by the customer without the consent of the Seller, with the exception of using the content for the purposes of permitted personal use, constitutes an infringement of the Seller's copyrights and may result in civil or criminal liability.
§ 8. Final Provisions
1. In matters not covered by these Terms, the relevant provisions of the Act of 23 April 1964 of the Civil Code and the Act of 30 May 2014 on consumer rights, as well as other relevant generally applicable law provisions shall apply.
2. The law applicable to the concluded contract is Polish law.
3. The law applicable to the settlement of any disputes arising from these Terms is Polish law, unless mandatory provisions provide otherwise.
4. As part of the use of the online Store, it is forbidden for customers to provide illegal content, including content that violates the law or decency. The customer is also obliged to refrain from any activity that could adversely affect the proper functioning of the online Store - this applies, inter alia, to interfering with the content of the online Store or its technical elements. It is forbidden to use the online Store for purposes inconsistent with its intended use, including sending spam or conducting any commercial, advertising or promotional activity within the online Store.
5. These Terms are available for download on the customer's device at: https://dariuszjasak.com/Terms-and-Conditions-Privacy-Policy
6. The Seller informs that an online platform for resolving consumer disputes is available at the address: https://ec.europa.eu/odr. The customer who is a consumer has the option of using extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, municipal consumer ombudsmen or Voivodeship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. At the same time, the Seller declares that he does not consent to out-of-court dispute resolution using the ODR platform.
7. The Store reserves the right to change the provisions of the following Terms if the need of such changes arises directly from a change in the law or a change in the functionality of the Store. Customers will be informed about changes of the Terms by posting information about the changes on the website: https://dariuszjasak.com/Terms-and-Conditions-Privacy-Policy. Amendments to the Terms will enter into force on the date specified when informing about the changes, but not less than 14 days from the date of publication of the new version of the Terms. Orders placed by customers before the entry into force of the amendments to the Terms will be implemented according to its current wording.
8. These Terms shall apply from 03.12.2021.