Terms and Conditions

 

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

The Terms and Conditions specify the rules and conditions for providing electronic services, including the use of the Store, as well as the rights, obligations, and liability conditions of the Seller and the Client. The Terms and Conditions also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable regulations, including the Act of May 30, 2014 on consumer rights (Journal of Laws 2017.683 consolidated text, as amended).

Every Client should familiarize themselves with the Terms and Conditions.

The Terms and Conditions are available on the Store's website and are also provided free of charge before concluding the contract. At the Client's request, the Terms and Conditions are also made available in a way that allows obtaining, reproducing, and storing its content using the IT system used by the Client (e.g., by email).

Basic definitions:

– Seller: She is Sunday Sp. z o.o conducting business activity, ul. Dynasy 4, 00-354 Warsaw, NIP 5252805645, registered in the Central Registration and Information on Business;

Store or Online Store, or Service: an electronic service, an Online Store operated by the Seller at the internet address www.sheissunday.com, within which the Client concludes a distance sales contract, the parties are informed about the sale by automatically generated email, and the contract execution (in particular delivery of the Goods) takes place outside the internet;

– Client: a natural person who is at least 18 years old and has full legal capacity, a legal person, and an organizational unit without legal personality but able to acquire rights and incur obligations on its own behalf, who establishes a legal relationship with the Seller within the scope of the Store's activity. The Client is also a Consumer if there are no separate provisions regarding the Consumer in a given matter;

– Consumer: a Client who is a natural person performing a legal act (purchase) with the Seller, not directly related to their business or professional activity;

– Electronic Service – a service within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2017.1219 consolidated text, as amended), provided electronically by the Seller to the Client via the Service;

– Account – an Electronic Service, identified by an individual name (login) and password provided by the Client, a set of resources in the Seller's IT system where data provided by the Client and information about activities within the Store are collected;

– Goods or Product – goods sold in the Store, offered by the Seller;

– Agreement – a distance contract concerning the purchase of Goods, concluded as a result of the Client placing an Order in the Store and its acceptance by the Seller;

– Form – a script serving as a means of electronic communication, enabling the placement of an Order in the Store or performing other actions in the Store;

– Order – an instruction to purchase Goods placed by the Customer using technical communication means;

– Newsletter – an Electronic Service, an electronic distribution service provided by the Seller via email, which allows all Customers using it to automatically receive periodic messages (newsletters) from the Seller containing information about the Service, including news or promotions in the Store.

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CHAPTER 2. BASIC AND TECHNICAL INFORMATION

1. Seller's contact details for the Customer: address ul. Dynasy 4, 00-354 Warsaw, email address ciao@sheissunday.com , phone number +48 690 226 087.

2. The Seller is a VAT taxpayer.

3. The Seller offers the following types of Electronic Services:

1) Online Store,

2) Newsletter,

3) Account.

4. The Seller provides Electronic Services in accordance with the Terms and Conditions.

5. A technical condition for using the Store is that the Customer has a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), Internet access, and a current and active email account.

6. It is prohibited for the Customer to provide content of an unlawful nature.

7. Using the Store may involve risks typical of using the Internet, such as spam, viruses, and hacking attacks. The Seller takes actions to counteract these threats. The Seller points out that the public nature of the Internet and the use of services provided electronically may involve the risk of unauthorized persons obtaining or modifying Customer data; therefore, Customers should use appropriate technical measures to minimize the above risks, including antivirus programs and identity protection for Internet users.

8. The conclusion of a contract for the provision of Electronic Services takes place via the Store over the internet. The Customer may terminate the use of Electronic Services at any time by leaving the Store or deleting the Customer account. In such a case, the contract for the provision of Electronic Services is automatically terminated without the need for additional declarations by the parties.

9. It is not possible to use the Store anonymously or under a pseudonym.

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CHAPTER 3. PERSONAL DATA

1. The personal data provided by Customers is processed by the Seller in accordance with applicable laws, 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) (OJ L 119, 4.5.2016, hereinafter: "Regulation"). In particular, the Seller ensures that this data is:

– processed lawfully, fairly, and transparently for Clients and other persons whose data is concerned;

collected for specific, explicit, and legitimate purposes and not further processed in a manner incompatible with those purposes;

– adequate, relevant, and limited to what is necessary for the purposes for which they are processed;

– accurate and updated when necessary;

– stored in a form that allows identification of the person to whom the data relates for no longer than necessary for the purposes for which the data is processed;

– processed in a manner ensuring appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures,

2. The Seller applies appropriate technical and organizational measures to ensure the protection of processed personal data appropriate to the nature, scope, context, and purposes of processing and the risk of violating the rights or freedoms of natural persons;

3. The Seller ensures access to personal data and the exercise of other rights to Clients and other persons whose data is concerned, in accordance with applicable law.

4. The basis for processing personal data is the consent of Clients or the occurrence of another condition authorizing the processing of personal data according to the Regulation.

5. The Seller guarantees the exercise of the rights of persons whose personal data is processed under the principles arising from the relevant regulations, including the following rights:

1) the right to withdraw consent regarding the processing of personal data;

2) the right to information about their personal data;

3) the right to control data processing, including supplementing, updating, correcting, deleting;

4) the right to object to processing or to restrict processing;

5) the right to lodge a complaint with a supervisory authority and to use other legal remedies to protect their rights.

6. A person with access to personal data processes it only based on the Seller's authorization or a data processing agreement and only on the Seller's instructions.

7. The Seller ensures that personal data is not shared with entities other than those authorized under applicable law, unless required by European Union law or Polish law.

The Seller uses cookies. The entity placing cookies on the User's end device and accessing them is the Seller.

Cookies are used for the following purposes:

  • Creating statistics that help understand how Consumers use the Store's websites, enabling the improvement of their structure and content,

  • Customizing the Store's content to Consumer preferences and optimizing the use of websites; e.g., cookies allow recognizing the Consumer's device – its type (e.g., laptop, smartphone, tablet) and appropriately displaying the website adapted to the capabilities of the end device,

  • Defining the Consumer's profile to display product recommendations and tailored materials in advertising networks, especially in services of Google LLC, Google Ireland Limited, and Facebook Ireland Ltd. Cookies enable displaying ads, offers, and promotions based on browsing patterns on the Store's website. This makes the Store's content and advertising messages better suited to the User and aligned with their interests and preferences. Cookies allow limiting the number of ad displays. Marketing cookies may also be used to track the effectiveness of advertising campaigns on other companies' websites.

  • Ensuring that Consumers have read the Cookies information.

  • The Consumer can independently and at any time change cookie settings, specifying the conditions for their storage and access to the device by cookies. However, restrictions on the use of cookies may affect some functions available on the Store's website.

​8. As part of its marketing activities, the Seller uses services of the following entities, which use cookies in the Store:

-  Facebook, Inc., and TheFacebook, Inc.

- Google LLC

More information about the cookies of the mentioned entities can be found in their privacy policies. The User can prevent the loading of third-party plugins and cookies on the site, for example by using the appropriate settings in their browser. The Consumer's personal data is shared with service providers used by the Seller in running the Store. In particular, personal data may be shared with payment operators (e.g., PayPal, Przelewy24) for payment processing and with courier companies (e.g., DHL, InPost, Fedex) for delivering the Product to the specified address. If the Consumer subscribes to the Newsletter or availability notification, the Consumer's e-mail address and date of birth will be transferred to the Klaviyo system.

All personal data provided when placing an order by the Consumer is stored in the Shopify system for the purpose of order fulfillment and processing.

9. For the purpose of fulfilling the Buyer's order, the following personal data is collected:
postal address – required for issuing proof of purchase;
pickup locations – required for addressing the shipment;
e-mail – required for communication related to order fulfillment;
phone number – required for selecting certain types of delivery
Detailed solutions regarding the protection of personal data related to placing an order, as well as using the store before and after placing an order, are included in the privacy policy.

CHAPTER 4. ADDITIONAL INFORMATION

§ 1 Account.

1. Registering an Account on the Store's website is free and requires the following actions: The Client should fill out the registration form providing specified data and making declarations regarding acceptance of the Terms and Conditions, personal data processing, and receiving commercial information. A verification link will be sent to the Client's e-mail address provided during Account registration. Logging into the Account involves entering the login and password set by the Client. The password is confidential and should not be shared with anyone.

2. The Account allows the Client to enter or modify data, place or check Orders, and view Order history.

3. The Electronic Account service is provided free of charge for an indefinite period.

4. The Client may delete their Account in the Store at any time by sending an appropriate request to the Seller electronically at the e-mail address: ciao@sheissunday.com or in writing to the Seller's address: ul. Dynasy 4, 00-354 Warsaw.

§ 2. Newsletter

1. The Newsletter service aims to deliver the ordered information to the Client.

2. Using the Newsletter does not require the Client to register an Account but requires providing an e-mail address and making declarations regarding acceptance of the Terms and Conditions, personal data processing, and receiving commercial information.

3. A confirmation link for the Newsletter subscription will be sent to the Client's e-mail address.

4. The Electronic Newsletter service is provided free of charge for an indefinite period.

5. The Client may unsubscribe from the Newsletter at any time by sending an appropriate request to the Seller electronically at the e-mail address: info@sheissunday.com or in writing to the Seller's address: ul. Dynasy 4, 00-354 Warsaw

 

2. The service is provided free of charge for an indefinite period.

3. Using the service is possible anonymously.

4. The Seller may use reviews for content published on the Website.

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CHAPTER 5. SALES

§ 1. Goods

1. All Products offered in the Store are new and free of defects. A detailed description of the Goods is available on the Store's website.

2. No warranty is provided for Goods, and no after-sales services are offered.

§ 2. Orders and their fulfillment

1. An order can be placed by filling out the Form available in the Store.

2. Orders can be placed after prior registration of an Account in the Store or without registering an Account in the Store (guest purchases).

3. The Client is obliged to carefully complete the Form, providing all data according to the actual state and specifying the chosen method of payment and delivery.

4. The Customer provides data in the Form and makes declarations regarding acceptance of the Terms and Conditions, personal data processing, and receiving commercial information.

5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or holidays are processed the next business day.

6. The Customer confirms placing the Order by selecting the button (field) marked "order and pay". The Seller will send the Order confirmation to the email address provided by the Customer.

7. The order processing time (i.e., until the day of shipment of the Goods) is up to 14 business days.

8. Unpaid orders are canceled after 24 hours. 

§ 3. Payments

1. All prices of Goods listed in the Store are gross prices in Polish zlotys (prices include VAT). The price of the Goods does not include the costs mentioned in point 2 below. The price of the Goods stated at the time the Customer places the Order is binding for both parties.

2. Costs related to the delivery of the Goods (e.g., transport, delivery, postal services) are borne by the Customer. The amount of these costs may depend on the Customer's choice of delivery method. Information about the amount of these costs is provided at the order placement stage.

3. Unpaid orders are canceled after 24 hours. 

3. The Customer may choose the payment method:

– payment via the Przelewy24 and PayPal payment systems – payment before shipment of the Goods (prepayment). After placing the Order, the Customer should make the payment via the Przelewy24 or PayPal system. The Order is processed after the Customer's payment is credited in the Przelewy24 and PayPal payment systems.

4. For each sold Product, the Store issues proof of purchase and delivers it to the Customer, provided that the applicable law requires delivery.

§ 4. Delivery

1. The product is shipped to the address indicated by the Customer in the Form, unless the Parties agree otherwise.

2. The product is delivered via a courier company or through a postal operator according to the Customer's choice. 

3. In the case of orders containing Preorder items, the shipment is sent at the moment the Preorder goods become available.

4. The Seller indicates that:

1) at the moment of handing over the Goods to the Customer or the carrier, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods pass to the Customer. In the case of sale to a Consumer, the risk of accidental loss or damage to the Goods passes to the Consumer at the moment the Goods are handed over to the Consumer. Handing over the Goods is considered to be the entrusting of the Goods by the Seller to the carrier. 

2) acceptance of the shipment with the Goods by the Customer without reservations results in the expiration of claims for loss or damage during transport, unless:

a) damage was recorded in a protocol before accepting the shipment;

b) such confirmation was omitted due to the fault of the carrier;

c) the loss or damage resulted from the intentional fault or gross negligence of the carrier;

d) damage not externally visible was confirmed by the entitled person after receiving the shipment and within 7 days requested an assessment of its condition and proved that the damage occurred between the acceptance of the shipment for transport and its delivery.

§ 5. Additional information for the Consumer

1. The Agreement is not concluded for an indefinite period and will not be subject to automatic renewal.

2. The minimum duration of the Consumer's obligations arising from the Agreement is the time of performance of the Agreement, i.e., payment and receipt of the Goods.

3. Using the Store by the Consumer does not involve the obligation to pay a deposit or provide other financial guarantees.

4. The Seller is not obliged to and does not apply the code of good practices referred to in Article 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices (Journal of Laws 2017.2070 consolidated text, as amended).

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CHAPTER 6. LIABILITY

1. Liability under the warranty is excluded in legal relations with Clients.

2. The Seller is liable to the Consumer if the Goods have a physical or legal defect (warranty) under the terms specified in the provisions of the Civil Code (Journal of Laws 2017.459 consolidated text, as amended) and in the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683 consolidated text, as amended), including under the following terms:

1) a physical defect consists in the non-conformity of the Goods with the contract. In particular, the Goods are non-conforming if:

a) The Goods do not have the properties that items of this kind should have due to the purpose specified in the contract or resulting from circumstances or intended use;

b) The Goods do not have the properties that the Seller assured the Consumer they had;

c) The Goods are not suitable for the purpose which the Consumer informed the Seller about when concluding the contract, and the Seller did not raise any objection to such intended use;

d) The Goods were delivered to the Consumer in an incomplete state.

2) The Goods have a legal defect if the Goods are owned by a third party or are encumbered by a third party's right, as well as if the limitation in the use or disposal of the Goods results from a decision or ruling of the competent authority; in the case of the sale of a right, the Seller is also responsible for the existence of the right;

3) The Seller is liable under the warranty for physical defects that existed at the time the risk passed to the Consumer or resulted from a cause inherent in the Goods at that time.

4) The Seller is exempt from liability under the warranty if the Consumer knew about the defect at the time of concluding the contract;

5) if a physical defect is found within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time the risk passed to the Consumer;

6) The Seller is liable under warranty if a physical defect is found within two years from the date the Goods were delivered to the consumer, and if the Goods purchased by the Consumer are used movable items, the Seller is liable under warranty if a physical defect is found within one year from the date the Goods were delivered;

7) Consumer rights under warranty include:

a) a demand for a price reduction of the Goods or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect;

b) The Consumer may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods with a defect-free one or, instead of replacing the item, demand defect removal, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the defect-free item, the type and significance of the defect found, as well as the inconvenience to the Consumer caused by the alternative method of satisfaction, are taken into account;

8) A Consumer exercising rights under warranty is obliged, at the Seller's expense, to deliver the defective item to the place specified in the contract, and if such a place is not specified in the contract – to the place where the item was handed over to them.

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CHAPTER 7. COMPLAINT HANDLING PROCEDURE

1. In case it is found that the shipment with the Goods is damaged, missing parts, or defective, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) file a complaint with the Seller. Such action will enable claims against the carrier. This is not a condition for considering the Consumer's complaint.

2. The complaint should include a detailed description of the problem and possibly photographic documentation and be sent to the address ciao@sheissunday.com.

4. The Seller undertakes to consider the Customer's complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it is considered accepted as justified.

5. If the complaint is accepted, the Seller will take appropriate actions.

6. It is possible to use out-of-court methods for handling complaints and pursuing claims in legal relations with Consumers, including:

1) the possibility of resolving disputes electronically using the ODR platform (online dispute resolution), available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;

2) the possibility of conducting amicable proceedings before a common court or other authorities.

CHAPTER 8. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Contract by the Seller or the Customer may occur under the terms specified in the provisions of the Civil Code (Journal of Laws 2017.459 consolidated text, as amended).

2. The Consumer has the right to withdraw from the contract within 14 days from the day of receiving the Goods.

3. Information about the Consumer's right to withdraw from the contract is included in the withdrawal instructions available on the Store's website.

4. The right to withdraw from the contract does not apply to the Consumer in relation to certain contracts, i.e.:

– for the provision of services, if the Seller has fully performed the service with the Consumer's explicit consent, who was informed before the start of the service that after performance by the Seller they would lose the right to withdraw from the contract;

– where the price or remuneration depends on fluctuations in the financial market beyond the Seller's control, which may occur before the withdrawal period expires;

– where the Goods are non-prefabricated items made according to the Consumer's specifications or intended to meet their personalized needs;

– where the Goods are items liable to rapid deterioration or have a short shelf life;

– where the Goods are items supplied in a sealed package which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;

– where the Goods are items that, after delivery, due to their nature, become inseparably connected with other items;

– where the Goods are alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, and whose delivery can only take place after 30 days and whose value depends on market fluctuations beyond the Seller's control;

– where the Consumer explicitly requested the Seller to come to them to carry out urgent repairs or maintenance; if the Seller additionally provides other services than those requested by the Consumer, or supplies goods other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the contract regarding the additional services or goods;

– where the Goods are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery;

– for the supply of newspapers, periodicals, or magazines, except for subscription contracts;

– concluded by means of a public auction;

– for the provision of services related to accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision;

– for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the explicit consent of the Consumer before the withdrawal period expired and after the Seller informed them about losing the right to withdraw from the contract.

5. The Seller shall immediately, no later than within 14 days from the day of receiving the Consumer's statement of withdrawal from the contract, refund all payments made by the Consumer, including the costs of delivering the Goods. The Seller shall make the refund using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different refund method that does not incur any costs for them.

6. If the Consumer has chosen a method of delivery other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.

7. The Consumer is obliged to return the Goods along with all equipment elements, including packaging, if it constitutes an essential part of the Goods. The Seller may withhold the refund until the Goods are received or until the Seller receives proof of their return, whichever occurs first.

8. The Consumer bears only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer about the necessity to bear these costs.

9. The Consumer is liable for any reduction in the value of the Goods resulting from using them in a way that exceeds what is necessary to establish the nature, characteristics, and functioning of the Goods.

10. In the event of effective withdrawal from the Agreement, the Agreement shall be considered not concluded.

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CHAPTER 9. INTELLECTUAL PROPERTY

1. The rights to the Service and the content contained therein belong to the Seller.

2. The website address where the Store is available, as well as the content of the website www.sheissuday.com, are subject to copyright and are protected by copyright law and intellectual property law.

3. All logos, proper names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, the manufacturer, or the distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from the website www.sheissunday.com without the owner's consent is prohibited.

CHAPTER 10. FINAL PROVISIONS

1. In matters not regulated by the Terms and Conditions in legal relations with Clients or Consumers, the relevant provisions of generally applicable law shall apply.

2. Any deviations from the Terms and Conditions require written form under pain of nullity.

3. The court competent to resolve disputes between the Seller and the Client shall be the court competent according to the Seller's registered office. The court competent to resolve disputes between the Seller and the Consumer shall be the court competent according to general rules (the court of the defendant's place of residence) or another court more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).