Terms and Conditions
ONLINE STORE REGULATIONS
DREAMROOTS.EU
SECTION I
GENERAL PROVISIONS AND DEFINITIONS
§ 1.
The owner of the online store available at: https://www.dreamroots.eu/ is DREAMROOTS GROUP Sp. z o.o. with its registered office at (38-220) Dębowiec 748, entered into the register of entrepreneurs by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under number KRS 0000826092, NIP 6852339577, hereinafter referred to in the Regulations as: "Seller, Service Provider or Data Administrator".
Contact with the online Store is made through:
postal correspondence address: (38-220) Dębowiec 748,
address for returning Goods: (38-220) Dębowiec 748,
address for sending Goods under complaint: (38-220) Dębowiec 748,
email address: hello@dreamroots.com,
These Regulations define the general terms and conditions of using the online Store and the method of providing services electronically, as well as the rules of sales conducted via the online Store, including the conditions for concluding and performing Sales Agreements, rules for placing Orders for Goods and fulfilling Orders, rules for payment of the price for Goods, as well as the rights of the Consumer and the Privileged Entrepreneur to withdraw from the Sales Agreement without giving a reason, and the rules and procedure for complaint handling.
The information contained on the online Store’s website does not constitute an offer within the meaning of Article 66 of the Civil Code, but only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
All Goods offered by the online Store are new and free from physical defects.
§ 2.
Whenever the following terms are used in capital letters in the further part of the Regulations, they shall be understood in the meaning given below, unless the context clearly indicates otherwise:
PRICE – the gross amount specified in Polish zlotys (PLN) payable to the Seller for the transfer of ownership of the Goods to the Buyer under the Sales Agreement. The price does not include delivery costs, which are indicated during the Order placement in the Store and depend on the payment method and type of delivery chosen by the Buyer. The Buyer is informed about the Delivery costs during the Order placement,
DELIVERY – entrusting by the Seller of Goods intended for the Buyer to third parties for their delivery,
PASSWORD – a string of alphanumeric characters necessary for authorization when accessing the Account, independently set by the Buyer during the Registration process,
CONSUMER – understood as a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity,
ACCOUNT – an electronic service identified by an individual name and login and password provided by the Buyer, enabling them to use extended functionalities/services of the Store depending on the selected option, however, the Buyer is not obliged to create an Account in order to place an Order for the purchase of Goods,
CART – a service available to every Buyer using the Store, enabling them to purchase one or more Goods,
BUYER – a user of the Online Store understood as a natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity (Consumer, Entrepreneur, Privileged Entrepreneur), using the Online Store who places an Order and purchases Goods available in the Online Store operating at: https://www.dreamroots.eu/,
NEWSLETTER – an electronic service that allows all Buyers using it to receive periodic information from the Online Store, especially about changes to the Terms and Conditions, services provided by the Online Store, including all technical novelties, promotions, contests, and events. This service will be provided by sending emails from the Seller to the email address provided by the Buyer,
REGISTRATION – a one-time action consisting of creating an Account in the Online Store system by the Buyer, performed using the registration form provided by the Seller on the Online Store website. Correct completion of the registration form will result in the Seller's system sending an automatic email informing about the Account activation,
TERMS AND CONDITIONS – this document detailing the rules of purchase and sale conducted via the Online Store available at: https://www.dreamroots.eu/,
PRIVACY POLICY – a set of rules regarding the processing and protection of the Buyer's personal data, constituting an integral part of the Terms and Conditions,
ENTREPRENEUR - means a natural person, legal person, or organizational unit without legal personality but granted legal capacity by law, conducting business or professional activity on their own behalf and performing a legal act directly related to their business or professional activity,
PRIVILEGED ENTREPRENEUR - a natural person entering into a contract directly related to their business activity, where the content of this contract indicates that it does not have a professional character for them, particularly based on the subject of their business activity, made available under the provisions of the Central Registration and Information on Business, in accordance with art. 3855 of the Civil Code, this person is protected only in terms of unfair clauses, liability for physical and legal defects of the Goods, and the right to withdraw from a distance contract,
SELLER – DREAMROOTS GROUP Sp. z o.o. with its registered office at (38-220) Dębowiec 748, entered into the register of entrepreneurs by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under number KRS 0000826092, NIP 6852339577,
ONLINE STORE – the online store operating at: https://www.dreamroots.pl/,
GOODS – means the product presented by the Seller via the Online Store, which is the subject of the Sales Agreement,
PERSONALIZED GOODS – non-returnable goods made by the Seller according to the specification provided by the Buyer, understood as both Goods with individual features produced to the Buyer's order and goods with unusual features specified by the Buyer,
SALES AGREEMENT – a sales agreement within the meaning of the Civil Code provisions, concerning the sale by the Seller to the Buyer of Goods for payment of the Price, increased by any shipping cost, the detailed terms of which are specified in these Terms and Conditions, concluded between the Buyer and the Seller using means of distance communication. The provisions of the Terms and Conditions, as well as the Privacy Policy and Clauses accepted by the Buyer, apply to the Sales Agreement to the appropriate extent,
ELECTRONIC SERVICE – provision of services by electronic means within the meaning of the Act on Providing Services by Electronic Means of July 18, 2002. In case of doubt, services provided by electronic means also include all activities that the Seller will perform to properly handle the processes mentioned in the first sentence. To the extent that services are provided by entities cooperating with the Online Store, the relevant provisions regarding the terms of use of these services are included in the regulations concerning the provision of these services by those entities,
ACT – depending on the context used in these Terms and Conditions, this means: the Civil Code Act of April 23, 1964, the Act on Special Conditions of Consumer Sales of July 27, 2002, the Consumer Rights Act of May 30, 2014, the Act on Providing Services by Electronic Means of July 18, 2002, the Personal Data Protection Act of May 10, 2018 (Journal of Laws 2018, item 1000), and the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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,
TECHNICAL REQUIREMENTS – the minimum technical requirements that must be met to cooperate with the IT system which is the Online Store operating at: https://www.dreamroots.eu/, including acceptance of the Terms and Conditions, conclusion of the Sales Agreement, or use of other services provided by the Seller,
ORDER – a statement of intent by the Buyer expressing a direct will to conclude a Sales Agreement with the Seller, made using means of remote communication, specifying the Products the Buyer intends to purchase and the Buyer's data necessary to conclude and perform the Sales Agreement.
SECTION II
PROVISION OF ELECTRONIC SERVICES
CHAPTER I
RULES FOR USING THE ONLINE STORE
§ 3.
As part of operating the Online Store, the Service Provider undertakes to provide electronic Services within the scope and under the conditions specified in this Terms and Conditions.
The provision of services by the Service Provider electronically is free of charge.
The Service Provider may deprive the Buyer of the right to use the Account created during Registration or restrict their access to part or all of the Online Store services in case of the Buyer's violation of the provisions of these Terms and Conditions, especially when:
The Buyer provided false, misleading, or rights-infringing data during Registration,
The Buyer committed a violation of the personal rights of third parties through the Online Store, in particular the personal rights of other Online Store customers,
The Buyer transmitted content prohibited by law through the Online Store.
A Buyer who has been deprived of the right to use the Online Store services cannot re-register without prior consent from the Service Provider.
The following electronic Services are available in the Online Store: Buyer Account, Newsletter, and interactive form service.
CHAPTER II
CUSTOMER ACCOUNT SERVICE
§ 4.
The electronic Service Agreement involving the management of the Buyer Account in the Online Store is concluded at the moment of Registration.
To complete Registration, the Buyer must provide the following data in the registration form: first and last name, address (street, house number, city with postal code), email address, contact phone number, and password.
A Buyer who has completed Registration has access to additional options available through the Buyer Account, such as order history and the ability to edit shipping addresses.
The electronic Service Agreement involving the management of an Account is concluded for an indefinite period.
CHAPTER III
INTERACTIVE FORM SERVICE
§ 5.
The electronic Services Agreement involving the provision of an interactive form enabling the placement of an Order in the Online Store is concluded at the moment the Product is added to the cart, bypassing Registration and the creation of a Buyer Account.
The electronic Services Agreement involving the provision of an interactive form enabling the placement of an Order in the Online Store is concluded for a fixed term and terminates upon placing the Order.
CHAPTER IV
NEWSLETTER SERVICE
§ 6.
The electronic Services Newsletter Agreement is concluded during:
Registering a Buyer Account by providing an email address and consenting to use the "Newsletter" service,
providing an email address on the Online Store website in the "Newsletter" section.
Contracts for the provision of Electronic Newsletter Services are concluded for an indefinite period.
CHAPTER V
TECHNICAL REQUIREMENTS OF THE ONLINE STORE
§ 7.
To properly use the Electronic Services of the Online Store, access to the Internet and an active, correctly configured email account are required. The Service Provider is not responsible for damages resulting from failure to comply with the specified technical requirements necessary to cooperate with the Online Store.
The Buyer is responsible for ensuring access to the infrastructure necessary to use the Online Store at their own expense.
The provision of Electronic Services is secured against third-party access using tools commonly recognized as providing an adequate level of security.
To avoid possible discrepancies or errors, it is recommended that the device used by the Buyer to access the Online Store meets at least the following technical requirements, which are necessary to cooperate with the IT system used by the Service Provider:
computer or other mobile device with internet access,
web browser:
Internet Explorer version 4.0 or newer,
Mozilla FireFox version 4.0 or newer or
Google Chrome version 1.0 or newer.
active plugins – JAVA, FLASH,
monitor resolution 1280 x 800, 24 or 32-bit colors,
possession of an active email account by the Buyer.
The Service Provider is entitled to suspend the provision of Electronic Services and halt the operation of the Online Store for the period necessary to perform modernization or maintenance activities related to the Store, about which Buyers will be informed in advance each time by posting an appropriate notice on the Online Store website and sending it via email to the address provided during Registration.
CHAPTER VI
TERMS OF TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS AND COMPLAINT SUBMISSION
§ 8.
The Buyer has the right to terminate the contract for the provision of Electronic Services at any time (e.g., by deleting the Account). Termination of the contract occurs without any additional costs and without the need for the Buyer to state reasons for the termination.
Contract termination can also be made by sending an appropriate statement to the email address hello@dreamroots.com or in writing to the Service Provider's address (indicated at the beginning of these Terms and Conditions). In such a case, the contract expires 7 days after the Service Provider receives the termination notice.
In the case of Buyers who are Consumers or Privileged Entrepreneurs, the provisions of the Consumer Rights Act apply regarding the withdrawal of the Consumer or Privileged Entrepreneur from the electronic services agreement (14 days).
The Service Provider has the right to terminate the electronic services agreement with a 7-day notice period if the Buyer violates the provisions of these Terms and Conditions.
Termination and cancellation of the electronic services agreement does not result in the loss of rights already acquired by Buyers using the Service Provider's online Store.
Complaints related to the provision of electronic Services by the Service Provider and other complaints related to the operation of the online Store (excluding the Goods complaint procedure) may be submitted by the Buyer, for example:
in writing to the address: DREAMROOTS GROUP Sp. z o.o. based in (38-220) Dębowiec 748, registered in the business register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under number KRS 0000826092, NIP 6852339577,
in electronic form via email to: hello@dreamroots.com
It is recommended that the Buyer provide in the description of the Complaint:
information and circumstances concerning the subject of the Complaint, in particular the type and date of occurrence of the irregularity,
the Buyer's demands and,
contact details of the person submitting the Complaint – this will facilitate and speed up the consideration of the Complaint by the Service Provider. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the Complaint.
The Service Provider's response to the complaint is made immediately, no later than within 30 days from the date of its submission, in accordance with art. 7a sec. 1 of the Consumer Rights Act, unless a different deadline results from legal provisions or separate regulations.
The response regarding the complaint is sent to the Buyer's email address or another method provided by the Buyer.
SECTION III
CONCLUDING A SALES AGREEMENT
CHAPTER I
TERMS OF CONCLUDING A SALES AGREEMENT
§ 9.
The Client has the following options for placing an Order:
placing an Order after prior Registration in the online Store system,
placing an Order without Registration,
placing an Order and simultaneously registering.
Placing an Order by registered Buyers of the online Store (§ 9 sec 1 point 1) involves adding the appropriate Goods to the online Cart. When all the Goods of interest to the Buyer are in the Cart, the Buyer must provide their contact details, billing information, and shipping details, as well as select the delivery method and payment method and place the Order.
In the case of choosing the so-called "quick purchase" option (§ 9 section 1 point 2), after selecting the Product, click the "add to cart" icon, then you can continue shopping or click the "go to cart" icon and make the purchase. If all the Products of interest to the Buyer are in the Cart, the Buyer must provide contact details, invoice data, and shipping data, as well as select the delivery method and payment method and place the Order.
Placing an Order and simultaneously registering (§ 9 section 1 point 3) involves adding the appropriate Products to the online Cart. If all the Products of interest to the Buyer are in the cart, the Buyer must provide contact details, invoice data, and shipping data, as well as select the delivery method and payment method and place the Order.
During the placement of Orders referred to in § 9 section 1 of these Terms and Conditions, the Buyer is obliged to provide truthful data.
During the Order placement, it is necessary to confirm that you have read these Terms and Conditions. Placing an Order and/or Registering in the Online Store is equivalent to accepting these Terms and Conditions.
During the Order placement, until the purchase is confirmed, the Buyer can change the entered data (e.g., type/quantity of goods/delivery method). In case of discrepancies, follow the displayed messages and information available on the Online Store's website and its subsequent subpages. In case of any problems or difficulties, contact the Seller via email.
The Seller reserves the right to verify the Order placed by the Buyer and, in cases raising justified doubts about its correctness, to correct it in agreement with the Buyer; in case of violation of the provisions of these Terms and Conditions by the Buyer, the Seller has the right to withdraw from fulfilling the Order.
The order will be fulfilled by the Seller provided that the Product is available in the Online Store's warehouse. If the Buyer chooses the "Prepayment" payment option, the condition for order fulfillment is full payment of the order value. If some of the Products included in the Order are unavailable, the Buyer will be informed within 14 days from placing the Order about the status of the Order fulfillment and the decision on how to proceed (partial fulfillment, extension of waiting time, withdrawal from the Order). Failure by the Buyer to make a decision within 10 calendar days from the date of receiving this information entitles the Seller to withdraw from the Sales Agreement and refund the amounts paid by the Buyer, within 30 days from the date the Order was placed by the Buyer.
The Seller reserves that there may be differences between the clothing dimensions given in the size charts and the actual dimensions of the Ordered Goods, which will not exceed 3 cm.
The average Order processing time by the Seller is from 4 to 7 business days, but it may be slightly extended due to the number of Orders placed by Buyers or factors beyond the Seller's control, such as supplier problems, strikes, downtime, etc.
An Order, the receipt of which has been confirmed by the Online Store system, constitutes an offer within the meaning of Article 661 of the Civil Code and forms the basis for concluding a Sales Agreement between the Buyer and the Seller.
The Buyer may cancel the placed Order before the Order status changes to "shipped"; to do so, they should:
contact the Seller via email,
cancel the Order independently via their Account.
The purchase of Goods by the Buyer is documented by issuing an electronic VAT invoice, which is generated within the Online Store by the Buyer. By accepting these Terms and Conditions, the Buyer agrees to receive an electronic image of the settlement document such as a VAT invoice via the email address provided during the Order placement.
According to the provisions of the Act of March 11, 2004, on goods and services tax and the Regulation of the Minister of Finance of December 3, 2013, regarding the issuance of invoices, the signature of the buyer and seller of the goods is not a mandatory element of the VAT invoice content.
Recording, securing, and making available the content of the concluded Sales Agreement takes place:
by sending the Buyer a confirmation of the concluded agreement to the provided email address;
by printing and handing over to the Buyer, together with the receipt or shipment of the Goods, the Order specification;
by recording and securing the content of the Sales Agreement in the Seller's IT system and providing the agreement content to the Buyer upon their request.
CHAPTER II
PAYMENT
§ 10.
For the execution of the Sales Agreement, the Buyer is obliged to pay the Price of the Goods indicated in the Order and the cost of their shipment.
The price of individual Goods presented in the Online Store is the gross price expressed in Polish zlotys (PLN), including the applicable value-added tax. However, the prices do not include any shipping costs, which will be indicated during the Order placement.
Payment is made in the form chosen by the Customer:
payment by traditional bank transfer to the Online Store's account (the Order number must be entered in the transfer title),
payment via instant payment services: Dotpay.pl and Paypal,
payment by Visa, Master Card credit card,
payment on delivery – the amount due for the Ordered Goods is collected from the Buyer by the courier.
Prices displayed on the Online Store website, as well as product descriptions, are for commercial information only and do not constitute an offer within the meaning of the Civil Code. They become binding - for the purpose of concluding a specific Sales Agreement - only upon confirmation of acceptance of the Order for processing by the Seller.
The Seller reserves the right to change the Prices of Goods displayed on the Online Store website, to post information about new Goods, to conduct and cancel promotional campaigns on the Online Store website, or to make changes to them. The right mentioned in the previous sentence does not affect Orders placed before the effective date of the Price change or promotional campaign conditions.
The Seller will make every effort to ensure that the Goods displayed on the Online Store website correspond to the Seller's current stock levels. In case of unavailability of all or part of the Goods included in the Order, the Seller will promptly notify the Buyer and, if the Buyer has already paid the Price, will refund the equivalent amount paid for the unavailable Goods.
CHAPTER III
DELIVERY
§ 11.
Delivery of Goods is carried out in the manner chosen by the Buyer and specified in the Order.
The ordered Goods are sent to the address provided by the Buyer in the Order form. The online store is not responsible for damages related to errors made by the Buyer who incorrectly or inaccurately filled out the Order form, resulting in non-delivery of the Goods to the Buyer and the related unjustified refusal to accept the Goods. Costs related to reprocessing such an order and shipping the Goods are borne solely by the Buyer.
The Seller will deliver the Goods via the Polish Post or a carrier selected during the ordering process (DPD Courier, GLS Courier, Inpost Courier, GHL Courier) or to the designated Parcel Locker or pickup point.
Delivery costs will be clearly indicated during the ordering process and are available on the Online Store website.
CHAPTER IV
RECEIVING THE GOODS
§ 12.
The Seller informs that it is the Buyer's responsibility to check the contents and condition of the shipment upon delivery at the address specified in the Order, in the presence of the courier or delivery person.
In the event that the shipment is found to be damaged or missing items before delivery, the Buyer should refuse to accept the shipment and require the carrier to officially document the condition of the shipment and the circumstances of the damage. The refusal protocol should include information about the type of mechanical damage.
If after delivery a shortage or damage not visible externally at the time of receipt is discovered, the carrier determines the condition of the shipment at the Customer's request reported immediately after the damage is discovered, but no later than within 7 days from the date of receipt of the shipment.
In case of any problems or doubts related to the collection of the Goods, the Customer should contact the Seller at the phone numbers indicated on the Online Store website or in these Terms and Conditions.
Unjustified refusal to accept the Goods or failure to collect them within the specified time entitles the Seller to call on the Buyer to perform the Sales Agreement, specifying the deadline for its performance. If the Buyer fails to perform the Sales Agreement within the deadline, the Seller has the right to withdraw from the Sales Agreement concluded with the Buyer.
SECTION IV
COMPLAINTS AND WITHDRAWAL FROM THE SALES AGREEMENT
CHAPTER I
GENERAL RULES FOR COMPLAINTS OF PURCHASED GOODS
§ 13.
The scope of the Seller's liability towards Buyers who are Consumers and Buyers who are privileged Entrepreneurs for the sold Goods is defined in legal provisions, namely:
In the case of Goods purchased until December 31, 2022, the Seller's liability rules in case of finding a physical or legal defect of the Goods are defined by the provisions of the Civil Code, in particular Articles 556 and subsequent of the Civil Code as in force until December 31, 2022,
In the case of Goods purchased from January 1, 2023, the Seller's liability rules in case of finding non-compliance of the Goods with the Sales Agreement are defined by the provisions of the Consumer Rights Act, in particular Chapter 5a and Article 43a of the Consumer Rights Act and subsequent provisions.
Goods presented in the Online Store may be covered by the manufacturer's warranty. Detailed warranty conditions and its duration are then provided in the warranty statement located with the Goods.
The complaint may be submitted by the Buyer in writing to the address: (38-220) Dębowiec 748, with the note "Complaint". If the complaint concerns the Goods, it is necessary to deliver them to the Seller together with the demand, to enable the Seller to examine the Goods and respond to the Buyer's demands.
It is recommended that the Consumer or privileged Entrepreneur provide in the complaint description: information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect/non-compliance of the Goods with the Sales Agreement; the demand for the method of bringing the Goods into compliance with the Sales Agreement (repair or replacement) or a statement on price reduction or withdrawal from the Sales Agreement; and the contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller.
The Seller will respond to the Goods complaint immediately, no later than within 14 days from the date of its receipt.
CHAPTER II
COMPLAINT OF PURCHASED GOODS BASED ON WARRANTY
§ 14.
The provisions of this chapter apply to complaints of Goods purchased by the Consumer or privileged Entrepreneur until December 31, 2022.
If the sold Goods have a physical or legal defect, the Seller is liable to the Buyer who is a Consumer or privileged Entrepreneur and recognizes complaints on this basis under the provisions of the Civil Code concerning warranty for defects of the Goods (art. 556 and following of the Civil Code).
In case of detecting a defect in the Goods, the Consumer or privileged Entrepreneur may:
submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Buyer replaces the defective Goods with defect-free Goods or removes such a defect. The reduced Price should remain in proportion to the Price resulting from the Sales Agreement as the value of the Goods with the defect relates to the value of the Goods without the defect,
demand the replacement of the Goods with defect-free Goods or defect removal. The Seller is then obliged to replace the defective Goods with defect-free Goods or remove the defect within a reasonable time without excessive inconvenience to the Buyer;
subject to the reservations and under the conditions specified in the relevant provisions of the Civil Code.
The Consumer or privileged Entrepreneur may, instead of the defect removal proposed by the Seller, demand the replacement of the Goods with defect-free Goods or, instead of the replacement of the Goods, demand defect removal, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer or privileged Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller.
In the situation indicated in section 1 above, if it is necessary to deliver the Goods to the Seller for the Seller to respond to the Consumer's or privileged Entrepreneur's complaint or to exercise the Buyer's rights arising from the warranty, in accordance with art. 561(2) in connection with art. 354 § 2 of the Civil Code, the Buyer will be obliged to deliver the Goods. However, if due to the type of defect, type of Goods, or method of installation, delivery of the Goods by the Buyer would be impossible or excessively difficult, the Buyer may be asked to make the Goods available to the Seller, after prior arrangement of the date, at the place where the Goods are located.
The seller is liable under warranty if a physical defect is found within two years from the date of delivery of the Goods to the Buyer indicated in paragraph 1 above. The claim for defect removal or replacement of the Goods free from defects expires after one year from the date the defect was found, however, in the case of an Order placed by a Consumer or privileged Entrepreneur, the limitation period cannot end before the expiry of the period referred to in the first sentence.
CHAPTER III
COMPLAINT OF PURCHASED GOODS BASED ON NON-CONFORMITY WITH THE AGREEMENT
§ 15.
The provisions of this chapter apply to complaints of Goods purchased by the Consumer or privileged Entrepreneur from January 1, 2023.
If the sold Goods are non-compliant with the concluded Sales Agreement, the Seller is liable to the Buyer who is a Consumer or privileged Entrepreneur and recognizes complaints on this basis according to the provisions of the Consumer Rights Act concerning non-conformity of goods with the Sales Agreement (Chapter 5a, Article 43a and following of the Consumer Rights Act).
In case of non-conformity of the Goods with the Sales Agreement, the Consumer or privileged Entrepreneur may demand repair or replacement of the Goods. If bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Buyer is impossible or would require excessive costs for the Seller, the Seller may: replace the Goods if the Buyer requested repair, or repair the Goods if the Buyer requested replacement.
If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Sales Agreement, and the Buyer may submit the demand indicated in paragraph 6 below. All circumstances of the case are taken into account when assessing the "excessiveness of costs."
In the cases indicated in paragraph 3 above, the Buyer makes the Goods subject to repair or replacement available to the Seller. The Seller repairs or replaces the Goods within a reasonable time from the moment the Buyer informed the Seller about the non-conformity of the Goods and without excessive inconvenience to the Buyer. The Seller bears the cost of repair or replacement of the Goods. The Seller ensures the collection of the Goods at their own expense.
In case of finding non-conformity of the Goods with the Sales Agreement, the Consumer or privileged Entrepreneur may demand a price reduction or a refund due to withdrawal from the contract, if:
The seller refused to bring the Goods into conformity with the Sales Agreement in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
The Seller did not bring the Goods into compliance with the Sales Agreement in accordance with Article 43d paragraphs 4-6 of the Consumer Rights Act;
The lack of compliance of the Goods with the Sales Agreement still occurs despite the Seller's attempt to bring the Goods into compliance with the Sales Agreement;
The lack of compliance of the Goods with the Sales Agreement is significant enough to justify a Price reduction or a refund of the Price due to withdrawal from the Sales Agreement without prior use of the remedies specified in paragraph 3 above;
It clearly follows from the Seller's statement or circumstances that they will not bring the Goods into compliance with the Sales Agreement within a reasonable time or without excessive inconvenience to the Buyer.
The reduced Price remains in proportion to the Price of the Goods in the ratio of the value of the Goods compliant with the Sales Agreement to the value of the Goods non-compliant with the Sales Agreement. The Seller refunds the Consumer or privileged Entrepreneur the amount due as a Price reduction immediately, no later than within 14 days from receiving the Buyer's statement on the Price reduction.
The Buyer referred to in paragraph 1 may not withdraw from the Sales Agreement and request a refund of the Price for the Goods if the non-compliance of the Goods with the Sales Agreement is insignificant. It is assumed that the non-compliance of the Goods with the Sales Agreement is significant.
In case of withdrawal from the Sales Agreement, referred to in this Chapter, the Consumer or privileged Entrepreneur immediately returns the Goods to the Seller at their expense. The Seller refunds the Buyer the Price of the Goods immediately, no later than within 14 days from receiving the Goods or proof of sending the Goods back. If the non-compliance of the Goods with the Sales Agreement concerns only some of the Goods delivered under the Sales Agreement, the Buyer may withdraw from the Sales Agreement only in relation to those Goods. An exception is the situation where the Buyer may withdraw from the Sales Agreement for all Goods if it is not reasonable to expect the Consumer or privileged Entrepreneur to agree to keep only the Goods compliant with the Sales Agreement.
The Seller refunds the Price using the same payment method used by the Buyer, unless the Buyer explicitly agrees to another refund method that does not cause any costs for them.
The Seller is liable for non-compliance of the Goods with the Sales Agreement that existed at the time of delivery of the Goods and was revealed within two years from the moment of delivery of the Goods, unless the shelf life is longer.
The Seller is not liable for non-compliance of the Goods with the Sales Agreement if the Buyer, referred to in paragraph 1 above, received clear information no later than at the time of concluding the Sales Agreement that the purchased Goods are defective (e.g., product with damage, dirt, etc.) and accepted the lack of a specific feature of the Goods.
CHAPTER IV
WITHDRAWAL FROM THE CONTRACT AND RETURN OF THE GOODS
§ 16.
The Buyer, who is also a Consumer within the meaning of Article 221 of the Civil Code of April 23, 1964, or a Privileged Entrepreneur who concluded a distance contract, may withdraw from it without giving reasons by submitting an appropriate statement within 14 (fourteen) days. To meet this deadline, it is sufficient to send the statement before it expires. The statement can be sent by traditional mail to the Seller's address: 38-220 Dębowiec 748, or by email to: hello@dreamroots.com. The Buyer is also obliged to return the purchased Product to the Seller along with the received VAT invoice, packed in a way that prevents possible damage to the Product or its packaging during transport.
The fourteen-day period during which the Buyer may withdraw from the Sales Agreement or the contract for the provision of the Service by electronic means is counted from the day the Product is delivered in the case of the Sales Agreement, and when the contract concerns the provision of the service by electronic means, from the day of its conclusion. The fourteen-day period refers to calendar days.
The Buyer cannot exercise the right referred to in paragraph 1 in the case of prior exchange of the Product for a new one due to finding non-compliance of the Product with the Sales Agreement according to applicable regulations, in particular as a result of making an effective complaint under the rules described in Chapters I, II, and III of this Section.
The deadline for withdrawal from the Sales Agreement, under which the Seller delivers the Product to the Buyer and is obliged to transfer its ownership, starts from the moment the Buyer or a third party indicated by them other than the carrier takes possession of the Product, provided that in the case where the Agreement:
includes many Products that are delivered separately, in batches or parts – from taking possession of the last item, batch, or part,
consists of regular delivery of the Product for a specified period – from taking possession of the first of the Products.
The Buyer may use the withdrawal form template available on the online Store's website WITHDRAWAL FORM, but this is not mandatory. However, choosing the form significantly speeds up the refund procedure. The Buyer may also fill out and send the withdrawal form or any other clear statement electronically.
The Seller, immediately after receiving the statement of withdrawal from the Sales Agreement, sends the Buyer an email confirming receipt of the above statement.
In case of withdrawal from the contract, the Sales Agreement or the contract for the provision of the Service by electronic means is considered not concluded. What the Parties have provided must be returned in an unchanged state, unless the change was necessary to determine the nature, features, and functioning of the Product. The return should be made immediately, no later than within 14 calendar days.
The Seller will refund the payments received from the Buyer using the same payment method used by the Buyer, unless the Buyer explicitly agrees to a different refund method that does not incur any costs for them. The Seller may withhold the refund of payments received from the Buyer until the Goods are received back or the Buyer provides proof of their return, whichever occurs first.
The Buyer bears only the direct costs of returning the Goods to the Seller.
If the Buyer chose a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Buyer.
The Buyer should return the Goods (along with all freebies in case of returning the entire Order) to the seller's address: DREAMROOTS Wiktor Dębski 38-220 Dębowiec 748 with the clear note "RETURN DREAMROOTS" immediately, no later than 21 days from the day the Buyer informed the Seller about the withdrawal from the Sales Agreement. The above deadline will be met if the Buyer sends back the Goods within 14 days.
The Buyer is responsible for the 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.
The right to withdraw from a distance contract does not apply to the Buyer, among others, in relation to the contract:
for the provision of services, if the Seller has fully performed the service with the explicit consent of the Buyer, who was informed before the start of the service that after the Seller's performance, they will lose the right to withdraw from the Sales Agreement,
where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the Sales Agreement,
where the subject of the service is non-prefabricated goods produced according to the Buyer's specifications or intended to meet their individualized needs "Personalized goods",
where the subject of the service is goods that are perishable or have a short shelf life,
where the subject of the service is goods delivered in sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,
where the subject of the service is goods that, after delivery, due to their nature, become inseparably connected with other goods,
where the subject of the service is audio or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery,
whose subject is the delivery of newspapers, periodicals, or magazines, except for a subscription agreement,
concluded by means of a public auction,
providing 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 expiry of the withdrawal period from the sales contract and after informing them by the Seller about the loss of the right to withdraw from the sales contract.
SECTION V
PERSONAL DATA PROTECTION
§ 17.
The administrator of Buyers' personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions and voluntarily provided to the Seller during Registration, placing a one-time Order, and in the course of providing electronic Services by the Seller or in other circumstances specified in the Terms and Conditions is: Wiktor Dębski conducting business based on an entry in the Central Registration and Information on Business under the name: DREAMROOTS GROUP Sp. z o.o. with its registered office at (38-220) Dębowiec 748, registered in the entrepreneurs' register by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under number KRS 0000826092, NIP 6852339577.
The Seller processes Buyers' personal data for the purpose of fulfilling Orders, including issuing invoices and maintaining financial records, handling Complaints, returns, and withdrawal from the Sales Agreement, providing electronic Services by the Seller, and other purposes specified in the Terms and Conditions. The personal data collected by the Seller is processed solely based on applicable legal provisions or consent given by the Buyer in accordance with applicable law. These purposes are carried out in accordance with the Act of May 10, 2018, on the protection of personal data (Journal of Laws 2018, item 1000) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC, also known as the GDPR.
Using the Online Store, including making purchases, is voluntary. The Buyer provides their personal data to the Seller voluntarily, however, failure to provide certain data during the Registration process prevents Registration and the creation of a Buyer account and prevents placing and fulfilling an Order when placing an Order without Registering a Buyer Account.
Anyone who provides their personal data to the Seller has the right to access their personal data content and the right to correct, delete (the right to be forgotten), restrict processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal, and the right to lodge a complaint with the President of the Data Protection Office (ul. Stawki 2, 00-193 Warsaw) if they believe that the processing of personal data is unlawful.
The Seller provides the possibility to delete personal data from the maintained database, especially in the case of deleting the Buyer's account. The Seller may refuse to delete personal data if the Buyer has not settled all dues to the Seller or has violated applicable laws, and retaining the personal data is necessary to clarify these circumstances and determine the Buyer's liability or if data processing is necessary for pursuing claims by the Buyer or the Seller.
The Seller protects the personal data provided to them and makes every effort to secure it against unauthorized access or use by unauthorized persons.
The Seller transfers the Buyer's personal data to the supplier to the extent necessary for delivery and to the payment agent for payment processing.
Additional explanations regarding personal data protection are contained in a separate document called the "Privacy Policy" available on the Online Store's website. The Privacy Policy primarily contains detailed rules regarding the processing of personal data by the Seller in the Online Store, including the basis, purposes, and scope of the collected personal data.
All correspondence regarding the processing of personal data by the Seller should be directed by the Buyer to the address: hello@dreamroots.com with the note "Personal Data".
SECTION VI
FINAL PROVISIONS
§ 18.
The Seller of the online Store operating at the address: https://www.dreamroots.eu/ cares about the Consumer's rights and for this purpose indicates in these Terms and Conditions the rules that should apply to the Seller and the Buyer in connection with the concluded Sales Agreements.
The Consumer cannot waive the rights granted to them under the Consumer Rights Act. Contract provisions less favorable to the Consumer than the provisions of the Act are invalid, and the provisions of the Act apply instead. Therefore, the provisions of these Terms and Conditions do not aim to exclude or limit any rights of Consumers granted to them under mandatory legal provisions, and any doubts should always be interpreted in favor of the Consumer. In the event of any unintended inconsistency between the provisions of these Terms and Conditions and the provisions of the Act, the provisions of the Act shall always take precedence.
The Buyer who is a Consumer, in case of a dispute with the Seller, may use out-of-court methods of complaint handling and claim enforcement. Detailed information on the possibility for the Buyer who is a Consumer to use out-of-court methods of complaint handling and claim enforcement and the rules of access to these procedures are made available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, and Provincial Trade Inspection Inspectorates.
The Buyer who is a Consumer has the following example options to use out-of-court methods of complaint handling and claim enforcement:
The Buyer is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection;
The Buyer is entitled to apply to the provincial inspector of the Trade Inspection for the initiation of mediation or conciliation proceedings regarding out-of-court dispute resolution between the Buyer and the Seller.
The Buyer may file a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/.
The Buyer may obtain free assistance in resolving disputes between the Buyer and the Seller by also using the free assistance of a consumer advocate or a social organization whose statutory tasks include consumer protection.
Any disputes arising between the Seller and a Client who is not simultaneously a consumer within the meaning of the Civil Code shall be subject to the court competent for the Seller's registered office.
§ 19.
These Terms and Conditions are continuously available at: https://www.dreamroots.eu/.
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the Act on Electronic Services, and the Consumer Rights Act, as well as other applicable Polish law provisions, shall apply.
These Terms and Conditions are effective from the date of their publication.
Any changes to the Terms and Conditions come into effect within the period specified by the Seller, not shorter than 14 (fourteen) days from the date they are made available on the Online Store website. In the case of changes to the Terms and Conditions related to changes in legal regulations, these changes apply from the date those regulations come into force. Buyers with an Account in the Online Store will be additionally notified of the change to the Terms and Conditions by the Seller via email to the address provided by them in the registration form.
Changes to the Terms and Conditions will not in any way affect the rights acquired by Buyers before the changes come into effect, in particular, changes to the Terms and Conditions will not affect Orders placed before the effective date of these Terms and Conditions, as they will be fulfilled based on the provisions in force on the date the Order was placed.
The Terms and Conditions are effective from 13.02.2026.