Section 1
Preliminary Provisions
The online store and website “dzikibill.com” available at the internet address dzikibill.com, is operated by the Civil Partnership “Dziki Bill S.C.” consisting of William Shaw and Ryszard Sierotnik, address: Rynek 11, 41-500 Chorzów, Poland. Tax Identification Number (NIP): PL6762537517.
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and the website, as well as visitors to the store and website. They define the rules for using the online store and the principles and procedures for concluding distance selling contracts with customers through the Store.
Section 2
Definitions
Consumer – a natural person concluding an agreement with the Seller through the Store, the subject of which is not directly related to their business or professional activity.
Seller – Dziki Bill S.C. William Shaw Ryszard Sierotnik, address: Rynek 11, 41-500 Chorzów, Poland. Tax Identification Number (NIP): PL6762537517.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom a separate law grants legal capacity, conducting business activity on their own behalf and using the Store.
Store – an online store operated by the Seller at the internet address dzikibill.com.
Distance Selling Contract – a contract concluded with a Customer as part of an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication until the conclusion of the contract.
Regulations – these regulations of the Store.
Order – a Customer’s declaration of intent submitted using the Order Form, directly aimed at concluding a Sales Agreement for one or more Products with the Seller.
Account – a customer account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are stored.
Registration Form – a form available in the Store that allows for the creation of an Account.
Order Form – an interactive form available in the Store that allows for placing an Order, especially by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – a software component of the Store where selected Products for purchase are visible, and where it is possible to determine and modify Order details, especially the quantity of products.
Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement – a product sales agreement concluded or to be concluded between the Customer and the Seller through the online Store. The term “Sales Agreement” also refers to, with regard to the characteristics of the Product, a service agreement and a work agreement.
Section 3
Contact with the Store
Seller’s Address: Rynek 11, 41-500 Chorzów, Poland
Seller’s Email Address: ryszard@dzikibill.pl
Seller’s Phone Number: +48 608 170 333, available from 9:00 AM to 3:30 PM
Seller’s Bank Account Number: PL93 1050 1445 1000 0092 4894 8953 (ING)
The Customer can contact the Seller using the addresses and phone numbers provided in this paragraph.
The Customer can also contact the Seller by phone between 9:00 AM and 3:30 PM.
Section 4
Technical Requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a. An end device with internet access and a web browser.
b. An active email account.
c. Enabled support for cookies.
Section 5
General Information
1. To the fullest extent permitted by law, the Seller is not liable for disruptions or interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or the incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s assortment or purchasing does not require creating an Account. Placing orders by the Customer for Products from the Store’s assortment can be done after creating an Account in accordance with the provisions of Section 6 of the Regulations or by providing necessary personal and address information enabling the execution of an Order without creating an Account.
3. Prices listed in the Store are in Euro and are gross prices (including VAT). The final (total) amount payable by the Customer includes the price of the Product and the cost of delivery (including fees for transportation, delivery, and courier/postal services), which the Customer is informed about on the Store’s pages when placing an Order, including the moment of expressing the will to be bound by the Sales Agreement.
4. Promotions in the Store cannot be combined unless the regulations of the promotion provide otherwise.
5. The Seller provides the Customer with the following payment methods under the Sales Agreement:
a. Payment by Paypal
b. Card transaction by Paypal
6. In the case of wholesale orders (i.e., above 36 units of a product ordered by a single customer/buyer), primarily, agreements made via email or telephone before purchasing the products will be binding. In the absence of agreements, the information provided by the system will be binding, excluding delivery costs, which will be calculated individually and may differ from those specified in the order.
Section 6
Creating an Account in the Store
1. To create an Account in the Store (optional), the following information must be provided in the Registration Form: First name, last name/company name, address, email address, and phone number.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by entering the login and password established in the Registration Form.
4. The Customer has the option to delete the Account at any time, without stating a reason and without incurring any fees, by sending a relevant request to the Seller, particularly via email or in writing to the addresses provided in Section 3. The Customer can also, within the limits of the law, request the deletion of all their data from the places where this data is stored (right to be forgotten).
Section 7
Order Placement Rules
To place an Order, you need to:
1. Log into the Store (optional);
2. Select the Product that is the subject of the Order and then click the “Add to Cart” button (or its equivalent);
3. Log in or use the option to place an Order without registration;
4. If the option to place an Order without registration is chosen, complete the Order Form by entering the recipient’s details and the delivery address for the Product, select the type of shipment (delivery method for the Product), enter invoice details if different from the recipient’s details,
5. Click the “Place Order and Pay” button/click the “Place Order and Pay” button and confirm the order by clicking the link sent in the email,
6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to Section 8 point 3.
7. Credit card Paypal transactions are operated by Paypal.
Section 8
Offered Delivery and Payment Methods
1. The Goods will be sent by courier services deemed quickest and most cost efficient by the seller at the time of shipping,
2. The Customer can use the following payment methods:
a. Paypal transfer
b. Credit or Debit Card payment via Paypal
3. Detailed information about delivery methods and accepted payment methods can be found on the Store’s website pages.
Section 9
Execution of the Sales Agreement
1. The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer submits an Order using the Order Form on the online Store, according to Section 7 of the Regulations.
2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of the Order’s receipt and its acceptance for processing by the Seller is made by sending a relevant email message to the Customer’s email address provided during the Order placement. The email includes at least the Seller’s statements about the receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is deemed concluded upon confirming the purchase of the product
3. The beginning of the delivery period for the Product to the Customer is counted as follows:
a. In the case of the Customer choosing the payment by transfer, electronic payment, or payment card method – from the day the Seller’s bank account is credited. b. In the case of the Customer choosing the cash on delivery payment method – from the day of concluding the Sales Agreement.
4. Product delivery takes place exclusively within EU countries listed in the shipping form.
5. An order placed by the customer will be fulfilled (shipped) within 3 business days from the date of placing the order, although most of the orders are shipped within one business day.
Section 10
Right to Withdraw from the Contract
1. A Consumer can withdraw from the Sales Agreement within 14 days without stating any reason.
2. The Seller may refuse the sale and return the paid amount immediately in the following cases:
• Exceptionally large order, impossible for the seller to handle, caused by incorrect entry of quantities available in the store or reasons beyond the seller’s control.
• Lack of availability of the product due to erroneous entry of quantities available in the store or reasons beyond the seller’s control.
• An order for which the delivery costs would significantly exceed the amount paid by the customer for delivery.
• Violation of the seller’s personal rights before the conclusion of the contract.
3. The 14-day period for withdrawing from the contract starts from the delivery of the Product to the Consumer or to a person indicated by them other than the carrier.
4. The Consumer can withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
5. The statement can be sent by traditional mail, or electronically by sending the statement to the Seller’s email address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in Section 3. The statement can also be submitted on a form, the template of which is Appendix No. 1 to these Regulations and an annex to the Act of May 30, 2014 on consumer rights, although this is not obligatory.
6. Consequences of withdrawing from the Agreement:
a. In the case of withdrawing from a distance contract, the Agreement is considered not concluded.
b. In the case of withdrawing from the Agreement, the Seller will promptly refund all payments made by the Consumer, except for the delivery costs, no later than 14 days from the day of receiving the Consumer’s statement of withdrawal from the Agreement. This excludes the costs of delivering the goods if the item has been sent or dispatched
c. The refund will be made to an account number indicated by the consumer.
d. The Seller may withhold the refund until the Product is returned to them or until they receive proof of its return, depending on which event occurs first.
e. The Consumer should return the Product to the Seller’s address specified in these Regulations promptly, no later than 14 days from the day on which they informed the Seller about withdrawing from the Agreement. The deadline will be considered met if the Consumer returns the Product before the 14-day period expires.
f. The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, it cannot be returned by regular mail. g. The Consumer is only responsible for reducing the value of the Product resulting from using it in a way other than necessary to determine its nature, characteristics, and functioning.
7. The right to withdraw from a distance contract does not apply to the Consumer in relation to an Agreement in which the subject is a sealed product that cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
8. If the goods become damaged in transport to the customer, the seller will return the customer the amount paid for the goods and shipping by them or ship another product.
Section 12
Personal Data in the Online Store and on the Website
1. The administrator of personal data of Customers and visitors to the website collected through the Online Store is Dziki Bill S.C. Ryszard Sierotnik, William Shaw, Rynek 11, 41-500 Chorzów, Poland Tax Identification Number (NIP): PL6762537517.
2. Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of fulfilling the Sales Agreement and for marketing purposes. With the customer’s consent, email messages (mailing list) will also be sent. Data of visitors to the store are collected using Google LLC and Facebook Cookies for remarketing purposes.
Customer’s personal data are received through the registration form or when placing an order in the store. Data entered during registration and placing orders will be used solely for the purpose of fulfilling the Sales Agreement.
3. Personal data will not be transferred to other entities except those to which the transfer of data will be necessary for the purpose of payment and delivery (Banks, Paypal, courier companies, accounting company), and the Facebook platform (Facebook Ads) for the purpose of creating a target group for marketing purposes. User data is also collected using an event registration tool on the website (Facebook Pixel), allowing advertisements to be directed to people who have visited the site and performed certain actions. Event registration is done using Facebook Cookies.
4. The website administrator uses Google Analytics (using Google LLC Cookies) to obtain information about the service pages, time spent on the pages, and hyperlinks clicked by the Visitor.
5. The website administrator uses Google advertising tools (Adwords, Display Ads, Shopping Ads) for remarketing purposes and to create similar recipient groups. For this purpose, Google LLC Cookies are used. To stop registration using Google Cookies, you can use the tool at https://tools.google.com/dlpage/gaoptout.
6. The website also uses cookies necessary for the operation of the WordPress and WooCommerce platforms on which the dzikibill.pl website and the sklep.dzikibill.pl store are based.
7. Data will be processed for contract fulfillment, marketing purposes (in the form of advertisements directed to users of social media platforms, with consent also in the form of a mailing list), and for statistical purposes (anonymized data).
8. Recipients of personal data of Customers of the Online Store may be: a. In the case of a Customer who uses parcel post or courier delivery in the Online Store, the Administrator provides collected personal data of the Customer to the selected carrier or intermediary executing shipments on behalf of the Administrator. b. In the case of a Customer who uses electronic payment methods or credit card payments in the Online Store, the Administrator provides collected personal data of the Customer to the selected entity processing the aforementioned payments in the Online Store. c. In the case of companies – data will be transferred to the accounting company.
9. The Customer has the right to access the content of their data stored by the administrator, as well as to correct and delete them (right to be forgotten).
10. Providing personal data is voluntary, although failure to provide the personal data specified in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude such an agreement. Data Storage Method:
• Data will be stored in the store’s system on the server on which it is located.
• Data will be stored in the seller’s email inbox.
• Data will be stored on the seller’s computers in the form of spreadsheets and accounting software (in the case of companies). All data will be protected by commonly available means and will not be disseminated.
11. Personal data of customers may be disclosed in accordance with the law at the request of authorized state authorities.
12. The Customer has the right to receive a copy of the data stored by the seller.
Section 13
Final Provisions
1. Agreements concluded through the Online Store are made in Polish.
2. The Seller reserves the right to make changes to the Regulations for valid reasons, i.e., changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any changes at least 7 days in advance.
3. Matters not regulated in these Regulations are subject to the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on personal data protection.
4. The Customer has the right to use out-of-court complaint handling and claims settlement methods. To do so, they can submit a complaint through the European online dispute resolution platform available at: http://ec.europa.eu/consumers/odr/.
Personal Data in the Online Store and on the Website (PRIVACY POLICY)
1. The administrator of personal data of Customers and visitors to the website collected through the Online Store is Dziki Bill S.C. Ryszard Sierotnik, William Shaw, Rynek 11, 41-500 Chorzów, Poland Tax Identification Number (NIP): PL6762537517.
2. Personal data of Customers collected by the administrator through the Online Store are collected for the purpose of fulfilling the Sales Agreement and for marketing purposes. With the customer’s consent, email messages (mailing list) will also be sent. Data of visitors to the store are collected using Google LLC and Facebook Cookies for remarketing purposes.
Customer’s personal data are received through the registration form or when placing an order in the store. Data entered during registration and placing orders will be used solely for the purpose of fulfilling the Sales Agreement.
3. Personal data will not be transferred to other entities except those to which the transfer of data will be necessary for the purpose of payment and delivery (Banks, Paypal, courier companies, accounting company), and the Facebook platform (Facebook Ads) for the purpose of creating a target group for marketing purposes. User data is also collected using an event registration tool on the website (Facebook Pixel), allowing advertisements to be directed to people who have visited the site and performed certain actions. Event registration is done using Facebook Cookies.
4. The website administrator uses Google Analytics (using Google LLC Cookies) to obtain information about the service pages, time spent on the pages, and hyperlinks clicked by the Visitor.
5. The website administrator uses Google advertising tools (Adwords, Display Ads, Shopping Ads) for remarketing purposes and to create similar recipient groups. For this purpose, Google LLC Cookies are used. To stop registration using Google Cookies, you can use the tool at https://tools.google.com/dlpage/gaoptout.
6. The website also uses cookies necessary for the operation of the WordPress and WooCommerce platforms on which the dzikibill.pl website and the sklep.dzikibill.pl store are based.
7. Data will be processed for contract fulfillment, marketing purposes (in the form of advertisements directed to users of social media platforms, with consent also in the form of a mailing list), and for statistical purposes (anonymized data).
8. Recipients of personal data of Customers of the Online Store may be: a. In the case of a Customer who uses parcel post or courier delivery in the Online Store, the Administrator provides collected personal data of the Customer to the selected carrier or intermediary executing shipments on behalf of the Administrator. b. In the case of a Customer who uses electronic payment methods or credit card payments in the Online Store, the Administrator provides collected personal data of the Customer to the selected entity processing the aforementioned payments in the Online Store. c. In the case of companies – data will be transferred to the accounting company.
9. The Customer has the right to access the content of their data stored by the administrator, as well as to correct and delete them (right to be forgotten).
10. Providing personal data is voluntary, although failure to provide the personal data specified in the Regulations necessary for the conclusion of the Sales Agreement results in the inability to conclude such an agreement. Data Storage Method:
• Data will be stored in the store’s system on the server on which it is located.
• Data will be stored in the seller’s email inbox.
• Data will be stored on the seller’s computers in the form of spreadsheets and accounting software (in the case of companies). All data will be protected by commonly available means and will not be disseminated.
11. Personal data of customers may be disclosed in accordance with the law at the request of authorized state authorities.
12. The Customer has the right to receive a copy of the data stored by the seller.
