Terms of service

§ 1. General Provisions

These terms and conditions (“Terms of Service”) set out the rules for using the online store “Dzik Pic Store” operated by DEV EU Sp. z o.o., in particular the rules for:
1. provision of services by electronic means,
2. placing Orders and concluding distance Sales Contracts,
3. delivery of Items,
4. payments,
5. exercising the right of withdrawal from a contract by Consumers,
6. submitting complaints and the procedure for handling them.
The online store operates at the URL address: https://store.dzikpic.io (the “Store”) and is operated using the Shopify platform. The use of the Shopify platform does not change the fact that the Seller and the party to the Sales Contract with the Customer is DEV EU Sp. z o.o.
The operator of the Store and at the same time the Seller is:
DEV EU Spółka z ograniczoną odpowiedzialnością with its registered office in ul. Domaniewska 17/19 lok. 133, 02-672, Warszawa, Poland, entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000985502, NIP (VAT ID): 9512546758, REGON: 522728230, share capital: PLN 180,000.00, fully paid up.
Correspondence address and business address of the Store:
ul. Domaniewska 17/19 lok. 133, 02-672 Warszawa, Poland.
These Terms of Service are primarily addressed to Consumers. The Seller conducts retail (B2C) sales and does not offer wholesale sales or standard B2B/wholesale agreements. If, nevertheless, a contract is concluded with a professional entity, the relevant provisions of § 18 sections 3–4 shall apply accordingly.

§ 2. Definitions

The terms used in these Terms of Service mean:

Seller – DEV EU Sp. z o.o. with its registered office indicated in § 1 section 3.
Store – the online service available at https://store.dzikpic.io, through which the Customer places Orders and concludes Sales Contracts.
Customer – any natural person, legal person or organisational unit without legal personality that uses the Store, in particular places an Order or concludes a Sales Contract.
Consumer – a Customer being a natural person who concludes a legal transaction with the Seller which is not directly related to their business or professional activity.
Entrepreneur – a Customer being a natural person, legal person or organisational unit without legal personality, conducting business or professional activity in their own name.
Entrepreneur with consumer rights – a natural person who concludes a contract directly related to their business activity, where it follows from the content of that contract that it is not of a professional nature for that person, in accordance with Article 38a of the Polish Consumer Rights Act.
Item – a movable thing or – where expressly indicated – digital content or a digital service, offered for sale in the Store by the Seller.
Sales Contract – a contract of sale of an Item concluded at a distance between the Customer and the Seller via the Store.
Order – a declaration of intent by the Customer aimed directly at concluding a Sales Contract, placed using the functionalities of the Store (in particular the Order Form).
Order Form – an interactive form available in the Store which enables the Customer to place an Order, including selecting Items, choosing the delivery method and payment method and providing Customer data.
Account – (where this functionality is available) the Customer’s individual panel in the Store, identified by a login and password, in which the data provided by the Customer and information on Orders placed are stored.
Business Days – all days of the week from Monday to Friday, excluding public holidays in Poland.

§ 3. Contact with the Seller

The Customer may contact the Seller in particular:

1. by email at: store@dzikpic.io,
2. by phone: +48 515 577 995,
3. in writing at: DEV EU Sp. z o.o., ul. Domaniewska 17/19 lok. 133, 02-672 Warszawa, Poland,
4. via the contact form in the Store.
The Seller responds to Customer messages without undue delay, as a rule on Business Days.

§ 4. Technical Requirements

To use the Store, including browsing the assortment and placing Orders, it is necessary to have:

1. a device with access to the Internet,
2. a current version of a web browser,
3. an active email account,
4. cookies enabled (to the extent necessary for the functioning of the Store).

The Seller recommends using up-to-date system and antivirus software.

§ 5. Rules for Using the Store and B2C Model

The Customer is obliged to use the Store in a manner consistent with the law, these Terms of Service, good practices and with respect for the personal rights and rights of third parties.
It is forbidden for the Customer to provide content of an unlawful nature.
The Store is intended for retail sales to Consumers and – in exceptional cases – to Entrepreneurs with consumer rights.
By placing an Order, the Customer declares that they are purchasing the Item for their own personal or household needs and not for further resale, wholesale trade or export within the scope of business activity.
The Seller reserves the right to refuse to process an Order if its nature indicates a purchase within the framework of professional activity (e.g. atypically large quantities, requests for an invoice issued to a company), subject to the applicable provisions of law.

§ 6. Account and Electronic Services

The Store may enable the creation of an Account; this is not required to place an Order.
An Account is created by completing and submitting a registration form and accepting these Terms of Service.
The Customer may at any time, without giving reasons, request the deletion of their Account by sending an appropriate request to the Seller (e.g. by email).
The Seller also provides other electronic services, such as a newsletter, if the Customer has given separate consent. The rules for the newsletter may be specified in a separate regulation or in the Privacy Policy.

§ 7. Placing Orders and Conclusion of the Sales Contract

Information about Items presented in the Store constitutes an invitation to conclude a contract.
Orders can be placed 24/7 via the Store.
To place an Order, the Customer:

1. selects the Item(s) and their characteristics (size, colour, etc.),
2. adds them to the cart,
3. completes the Order Form (data, delivery, payment),
4. reviews the Order summary including the total price (including VAT) and delivery costs,
5. accepts these Terms of Service,
6. confirms the Order by clicking the “Order and pay” button or an equivalent.

After placing an Order, the Seller sends the Customer a confirmation of receipt of the Order to the email address provided. This confirmation does not yet constitute acceptance of the offer.
Upon sending the Customer a subsequent email confirming acceptance of the Order for processing, a Sales Contract between the Customer and the Seller is concluded.

§ 8. Prices, Currencies, Payments and Sales Documents

The prices of Items are displayed in the Store in currencies available for a given market (including PLN and EUR).
Unless expressly stated otherwise, all prices displayed in the Store are gross prices and include VAT, in accordance with the information in the FAQ.
Delivery costs are indicated separately before placing an Order and are added to the total amount payable.
Prices and delivery costs may change; however, this does not affect Orders already placed and confirmed.
Available payment methods include in particular:
payment cards and credit cards (e.g. Visa, Mastercard),
electronic payments and digital wallets (e.g. Apple Pay),
other methods supported by Shopify Payments or other payment service providers indicated at the time of placing the Order.
Payments are processed by external payment service providers; their terms and conditions may apply to certain operations.
The Seller does not conduct B2B sales and does not issue VAT invoices for business accounting purposes. Each Customer receives a standard proof of purchase (receipt / personal invoice) appropriate for B2C retail sales.

§ 9. Delivery of Items and Cooperation with Apaczka.pl

The Seller dispatches Items from Poland using the services of its logistics partner Apaczka.pl, which provides access to multiple courier companies (including InPost, DPD, DHL, FedEx).
Delivery is possible:

1. within the territory of Poland,
2. to selected European Union countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

The Seller does not offer personal collection. All Orders are delivered exclusively via courier services.
Processing time:

1. the Order processing time (picking and preparing for dispatch) is as a rule 1–3 Business Days from the moment payment is credited; in the case of products fulfilled by partners (drop-shipping), the processing time may be up to 5 Business Days,
2. the estimated delivery time after the parcel has been dispatched is:
  a) for Poland: 1–3 Business Days,
  b) for other EU countries: 3–10 Business Days, depending on the country and the courier.
  The above times are estimates and may be extended during peak periods (e.g. high season) or for reasons attributable to carriers or customs authorities.

Delivery costs are calculated automatically at the time of placing the Order, in particular depending on:

1. the destination country,
2. the total weight and dimensions of the parcel,
3. the selected delivery method.
  Some Items fulfilled by logistics partners may have individual shipping rates due to their specific nature (packaging, place of dispatch).

The Customer is obliged to provide correct and complete address data. If a parcel is returned due to an incorrect or incomplete address:

1. the costs of reshipping may be borne by the Customer,
2. any refund (if applicable) may exclude the original delivery costs.

The Seller remains responsible for the Item until it is delivered to the Customer or to a third party indicated by the Customer, other than the carrier, in accordance with consumer law.
The Customer should check the condition of the parcel immediately upon receipt. In the event of:

1. visible damage to the packaging,
2. damage to the Item,
3. missing contents,
4. receipt of an Item that does not match the Order,
  the Customer should contact the Seller as soon as possible, no later than within 7 days from the expected delivery date, and document the problem (e.g. photos of the packaging and damage).

The Seller is not liable for delays in delivery resulting from:

1. incorrect or incomplete address data provided by the Customer,
2. disruptions in the operation of carriers,
3. force majeure events (large-scale unforeseen events).
  The above does not limit the Seller’s liability for loss of or damage to a parcel where the Customer provided correct data and the Item was not effectively delivered.

§ 10. Right of Withdrawal from a Distance Contract

A Customer who is a Consumer or an Entrepreneur with consumer rights and who has concluded a Sales Contract at a distance has a statutory right to withdraw from the contract within 14 days without giving any reason, subject to the exceptions set out in the Consumer Rights Act and in section 9 of this paragraph.
In addition, the Seller generally grants a 14-day contractual right of return (“Refund Policy”) for Customers whose Orders are not covered by the statutory right of withdrawal (e.g. in the case of certain deliveries outside the EU), under the terms set out in these Terms of Service and in the Refund Policy available in the Store.
The withdrawal period starts on the day on which the Customer (or a third party indicated by them, other than the carrier) takes possession of the Item.
To exercise the right of withdrawal or the contractual right of return, the Customer should contact the Seller at: store@dzikpic.io before sending back the Item and wait for return instructions. The Customer should not send back any Item before receiving such instructions.
The Item to be returned should be in the same condition as when received by the Customer, i.e. unused, unwashed, with all tags attached and in its original packaging, with the proof of purchase (receipt, personal invoice) enclosed.
In the event of an effective withdrawal from the contract or acceptance of a return, the Seller refunds the price paid by the Customer for the Item and – in the case of the statutory right of withdrawal – the cost of the cheapest ordinary delivery method offered in the Store.
As a rule, for returns due to a change of mind (where the Item is not defective and the Customer “simply does not want to keep it”), the Customer bears the direct cost of returning the Item to the Seller.
If the reason for the return is a defect in the Item, damage in transit or shipment of the wrong product, the Seller covers the justified costs of return shipping and, where possible, provides the Customer with a prepaid return label.
The right of withdrawal from the contract (statutory and contractual) does not apply in situations specified in the Consumer Rights Act, in particular in relation to:
Items made to the Customer’s specifications or clearly personalised (customised products),
1. digital content supplied in a non-material medium, if performance has begun with the Customer’s express consent before the withdrawal period has expired and after the Customer has been informed of the loss of the right of withdrawal,
2. gift cards, which are non-refundable,
3. other cases listed in the Act (e.g. perishable goods).
Detailed rules on returns, including procedural steps, are described in the Refund Policy, which supplements these Terms of Service. In the event of any conflict with mandatory consumer protection laws, such laws shall prevail.

§ 11. Non-conformity of the Item with the Contract and Complaints

The Seller is obliged to deliver Items that are in conformity with the Sales Contract.
The rules governing the Seller’s liability for non-conformity of an Item with the contract are set out in the Consumer Rights Act.
If an Item is found to be non-conforming with the contract (e.g. defect, damage, non-conformity with the description), the Customer may submit a complaint:
1. by email: store@dzikpic.io,
2. in writing to the Seller’s address.
In the complaint, it is recommended to indicate the Order number, describe the non-conformity and, where possible, attach photos documenting the problem (e.g. the damaged Item or packaging).
The Customer should report damage, shortages or receipt of an incorrect Item as soon as possible after discovering the irregularity, which will facilitate the complaint procedure and the Seller’s ability to pursue claims against the carrier.
The Seller will reply to a complaint from a Consumer or an Entrepreneur with consumer rights within a reasonable time, but no later than within 14 days of its receipt. Lack of a reply within this period means that the complaint is deemed accepted.
The provisions of sections 1–8 do not exclude, limit or suspend the rights of Consumers or Entrepreneurs with consumer rights arising from mandatory provisions of law.
In relation to Customers who are neither Consumers nor Entrepreneurs with consumer rights, the Seller’s liability for non-conformity of an Item with the contract may be limited or excluded to the widest extent permitted by law – in accordance with § 13.

§ 12. Complaints Concerning Electronic Services

The Customer may submit complaints concerning the functioning of the Store and services provided by electronic means (e.g. problems with Account registration, technical errors) in the manner referred to in § 11 sections 3–5.
In a complaint concerning electronic services, it is recommended to indicate:
1. a description of the problem,
2. the date and time when it occurred,
3. any error messages.
The Seller will handle complaints concerning electronic services within 14 days from their receipt.

§ 13. Liability

The Seller is liable to the Customer for non-performance or improper performance of the contract in accordance with applicable law and these Terms of Service.
No provision of these Terms of Service excludes or limits:
1. the Seller’s liability for damage caused intentionally,
2. the rights of Consumers or Entrepreneurs with consumer rights arising from mandatory provisions of law, in particular concerning non-conformity of Items with the contract.
In relation to Customers who are neither Consumers nor Entrepreneurs with consumer rights, the Seller’s liability is limited to actual losses and to a maximum amount equal to the total price paid by the Customer for the given Item or given Order, unless mandatory provisions of law provide otherwise.
The Seller is not liable for:
1. disruptions in the functioning of the Store caused by force majeure, actions of third parties (e.g. telecommunications or hosting providers) or incompatibility of the Store with the Customer’s technical infrastructure,
2. damage resulting from the Customer providing untrue or incomplete data,
3. damage arising from the use of the Store in a manner contrary to these Terms of Service or to law.

§ 14. Personal Data

The controller of Customers’ personal data is the Seller.
Detailed rules on the processing of personal data, including purposes, legal bases, retention periods, the rights of data subjects and information on entities processing data on behalf of the Seller (including Shopify) are set out in the Privacy Policy available in the Store.
Use of the Store also involves the use of cookies and similar technologies.

§ 15. Provisions Concerning the Shopify Platform

The Store is hosted and technically operated using the Shopify platform, provided by Shopify Inc. and affiliated entities.
Where the Customer uses services provided directly by Shopify (e.g. the “Shop” application), separate Shopify terms and privacy policies available on Shopify’s websites may apply.
Notwithstanding the above, the party to each Sales Contract concluded via the Store is the Seller, not Shopify. Any claims relating to the purchase of Items in the Store should be directed to the Seller.

§ 16. Changes to the Terms of Service

The Seller may amend these Terms of Service for important reasons, in particular:
1. changes in legal regulations affecting the rights and obligations of the parties,
2. changes in the functionality of the Store,
3. changes to the Seller’s data (e.g. address, legal form),
4. introduction of new services or Items.
The Seller will inform about changes to the Terms of Service by publishing their new version in the Store and – where possible – by sending information to the email addresses of Customers who have an Account or have previously made purchases.
Changes to the Terms of Service do not affect the rights and obligations arising from Sales Contracts concluded before the changes take effect. Such contracts are governed by the Terms of Service in force at the time of their conclusion.
For Customers who are Consumers or Entrepreneurs with consumer rights and who have an Account, further use of the Store after the changes take effect constitutes acceptance of the new version of the Terms of Service, unless the law requires separate consent.

§ 17. Governing Law and Dispute Resolution

Polish law applies to contracts concluded between the Customer and the Seller via the Store. In the case of Consumers and Entrepreneurs with consumer rights whose habitual residence is in a country other than Poland, the choice of Polish law does not deprive them of protection afforded to them under mandatory provisions of the law of their country of habitual residence.
Any disputes arising out of the Sales Contract or these Terms of Service:
1. for Customers who are Consumers or Entrepreneurs with consumer rights – may be resolved by the competent common court in accordance with the provisions of the Code of Civil Procedure and the relevant consumer protection regulations,
2. for Customers who are neither Consumers nor Entrepreneurs with consumer rights – shall be submitted to the court having jurisdiction over the Seller’s registered office.
A Customer who is a Consumer may use out-of-court complaint and redress mechanisms (ADR), in particular by:
1. contacting the competent municipal/district consumer ombudsman,
2. applying for mediation via the competent Regional Inspectorate of Trade Inspection (Inspekcja Handlowa),
3. using a permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection.
  Up-to-date information on available ADR entities and procedures is published by the competent public authorities, including the Polish Office of Competition and Consumer Protection (UOKiK) and the European Commission.
The provisions of these Terms of Service are not intended to exclude or limit any rights of Consumers arising from mandatory provisions of law. In the event of any conflict between these Terms of Service and such provisions, the latter shall prevail.