top of page

Online Store Regulations

I. General Provisions

  1. This Regulation defines the general conditions and manner of providing services electronically and conducting sales through the Online Store at www.duchbdsm.com. The Store is operated by Jakub Choroszkiewicz, conducting business under the name DUCH BDSM - JAKUB CHOROSZKIEWICZ, registered in the Central Register and Information on Economic Activity conducted by the minister competent for economy, with the address at ul. Michała Ossowskiego 10, apt. 8, 42-200 Częstochowa, Tax Identification Number (NIP): 5732929005, National Business Registry Number (REGON): 389939690, hereinafter referred to as the Seller.

  2. Contact with the Seller can be made via:

    1. email address: duchbdsm@gmail.com;

    2. phone number: +48 536 798 166;

    3. contact form available on the Online Store's website;

    4. chat available on the store's website.

  3. This Regulation is continuously available on the website www.duchbdsm.com, allowing for its retrieval, playback, and preservation of its content through printing or saving on a medium at any time.

  4. The Seller informs that the use of services provided electronically may involve a risk on the part of each Internet user, consisting in the possibility of introducing harmful software into the Customer's teleinformatics system and obtaining and modifying their data by unauthorized persons. To avoid the risk of such threats, the Customer should employ appropriate technical measures that will minimize their occurrence, especially antivirus programs and a firewall.

II. Definitions

Terms used in the Regulation shall mean:

  1. Business Days - days from Monday to Friday, excluding public holidays;

  2. Customer - a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit not being a legal person, to which specific regulations grant legal capacity, placing an Order within the Online Store or using other Services available in the Online Store;

  3. Civil Code - the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);

  4. Account - a part of the Online Store assigned to a specific Customer, through which the Customer can perform specific actions within the Online Store;

  5. Consumer - a Customer being a consumer within the meaning of Article 22[1] of the Civil Code;

  6. Entrepreneur - a Customer being an entrepreneur within the meaning of Article 43[1] of the Civil Code;

  7. Regulation - this document;

  8. Goods - a product presented in the Online Store, with its description available for each presented product;

  9. Sales Agreement - a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;

  10. Services - services provided by the Seller to Customers electronically, within the meaning of the provisions of the act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

  11. Consumer Rights Act - the act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);

  12. Act on the Provision of Electronic Services - the act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

  13. Order - the Customer's declaration of intent, directly aimed at concluding a Sales Agreement, specifying in particular the type and quantity of Goods.

III. Rules for Using the Online Store

  1. The use of the Online Store is possible provided that the teleinformatics system used by the Customer meets the following minimum technical requirements:

    1. Computer or mobile device with internet access,

    2. Access to an email account,

    3. Internet browser: Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x or newer,

    4. Enabling Cookies and Javascript in the internet browser.

  2. Using the Online Store means any action taken by the Customer leading to their acquaintance with the content contained in the Store.

  3. The Customer is obligated, in particular, to:

    1. Not provide or transmit content prohibited by law, e.g., content promoting violence, defamatory or infringing on personal rights and other rights of third parties,

    2. Use the Online Store in a way that does not disrupt its operation, especially by using specific software or devices,

    3. Refrain from actions such as sending or placing unsolicited commercial information (spam) within the Online Store,

    4. Use the Online Store in a manner that is not burdensome for other Customers and the Seller,

    5. Use all content posted within the Online Store solely for their own personal use,

    6. Use the Online Store in accordance with the provisions of the applicable law in the territory of the Republic of Poland, the provisions of the Regulation, as well as the general principles of using the Internet.

IV. Services

  1. The Seller enables, through the Online Store, the use of free Services provided by the Seller 24 hours a day, 7 days a week.

  2. The Service of maintaining an Account in the Online Store is available after registration. Registration is done by completing and accepting the registration form provided on one of the pages of the Online Store. The agreement for the provision of the Service consisting of maintaining an Account in the Online Store is concluded for an indefinite period and is terminated upon the Customer's request for Account deletion.

  3. The Customer has the option to send messages to the Seller using the contact form. The agreement for the provision of the Service consisting of providing an interactive form allowing Customers to contact the Seller is concluded for a specified period and is terminated upon the Customer sending the message.

  4. The Customer has the option to contact the Seller through the chat available on the Store's website. The agreement for the provision of the Service consisting of providing an interactive chat allowing Customers to contact the Seller is concluded for a specified period and is terminated upon the Customer closing the chat window or leaving the Online Store's page.

  5. The Seller has the right to organize occasional contests and promotions, the conditions of which will be provided on the Store's website each time. Promotions in the Online Store cannot be combined, unless the Regulation of a particular promotion states otherwise.

  6. In the event of a Customer's violation of the provisions of this Regulation, the Seller, after prior ineffective request to cease or remove the violations, setting an appropriate deadline, may terminate the agreement for the provision of Services with a notice period of 14 days.

V. Procedure for Conclusion of Sales Agreement

  1. Information about Goods provided on the Online Store's website, including their descriptions, technical and utility parameters, as well as prices, constitutes an invitation to conclude an Agreement within the meaning of Article 71 of the Civil Code.

  2. All Goods available in the Online Store are brand new, in accordance with the Agreement, and have been legally introduced to the Polish market.

  3. In the event that the Seller applies mechanisms for individual price adjustments based on automated decision-making, this information is provided to the Consumer each time when placing an Order, taking into account the requirements imposed by the regulations on personal data protection.

  4. The condition for placing an Order is to have an active email account.

  5. When placing an Order through the Order form available on the Online Store's website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a sales agreement for the Goods covered by the Order. The offer submitted in electronic form binds the Customer, if the Seller sends a confirmation of accepting the Order for processing to the email address provided by the Customer. This confirmation constitutes a declaration of acceptance of the Customer's offer, and the Sales Agreement is concluded upon its receipt by the Customer.

  6. Placing an Order in the Online Store by sending an electronic message or using the contact form occurs on Business Days and during the hours indicated on the Online Store's website. For this purpose, the Customer should:

    1. Specify in the content of the electronic message or in the content of the message sent via the contact form addressed to the Seller, the name of the Goods from the Goods available on the Online Store's website and its quantity,

    2. Indicate the method of delivery and form of payment from the available options provided on the Online Store's website,

    3. Provide the necessary data for the Order's execution, in particular: first name and last name, place of residence, and email address.

  7. Information about the total value of the Order, as mentioned in the above point, is provided by the Seller each time orally after the completion of the entire Order or by informing through an electronic message along with the information that the Customer's conclusion of the Sales Agreement entails an obligation to pay for the ordered Goods, and with this, the Sales Agreement is concluded.

  8. In the case of a Customer who is a Consumer, the Seller, after submitting an Order via email or the contact form, sends the Customer a confirmation of the terms of the placed Order.

  9. The Agreement is concluded when the Customer, who is a Consumer (in response to the confirmation of the Order conditions sent by the Seller), sends an electronic message to the Seller's email address, in which the Customer: accepts the content of the submitted Order and agrees to its execution, accepts the content of the Regulation, and confirms that they have read the information on withdrawal from the Agreement.

  10. After concluding the Sales Agreement, the Seller confirms its conditions to the Customer by sending them to the Customer's email address or in writing to the address provided by the Customer.

  11. The Sales Agreement is concluded in Polish, English, or German, in a content consistent with the Regulation.

VI. Delivery

  1. The delivery of Goods is limited to the territory of the European Union and is carried out to the address specified by the Customer during the Order placement.

  2. The Customer can choose the following methods of delivery for the ordered Goods:

    1. Through a courier company;

    2. Through a postal operator;

    3. Delivery to a parcel locker.

  3. The Seller informs the Customer on the Online Store's website about the number of Business Days required to fulfill the Order and deliver it, as well as the amount of fees for the delivery of the Goods.

  4. The delivery and fulfillment period of the Order is calculated in Business Days in accordance with point VII, item 2.

  5. The Seller provides the Customer with a proof of purchase.

  6. If different fulfillment periods are specified for Goods covered by the Order, the longest period applies to the entire Order.

VII. Prices and Payment Methods

  1. The prices of the Goods are given in euros and include all components, including VAT, customs duties, and other charges.

  2. The Customer can choose the following methods of payment:

    1. Bank transfer to the Seller's bank account (in this case, the fulfillment of the Order will commence after the Seller sends the Customer a confirmation of Order acceptance, and the shipment will be made promptly after the funds are received in the Seller's bank account and the Order is completed);

    2. Cash on delivery, payment to the carrier upon delivery (in this case, the fulfillment and shipment of the Order will begin after the Seller sends the Customer a confirmation of Order acceptance and the Order is completed);

    3. Electronic payment (in this case, the fulfillment of the Order will begin after the Seller sends the Customer a confirmation of Order acceptance and after the Seller receives information from the settlement agent system about the payment made by the Customer, and the shipment will be made promptly after the Order is completed).

  3. The Seller informs the Customer on the Online Store's website about the deadline by which the Customer is obliged to make the payment for the Order. In the event of non-payment by the Customer within the aforementioned deadline, the Seller may withdraw from the Agreement based on Article 491 of the Civil Code, after prior ineffective request for payment, setting an appropriate deadline.

VIII. Right to Withdraw from the Agreement

  1. A Customer who is a Consumer may withdraw from the Agreement without stating a reason by submitting a relevant statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiration.

  2. The Customer may formulate the statement independently or use the withdrawal form provided by the Seller on the Store's website.

  3. The 14-day period is counted from the day of delivery of the Goods or, in the case of an Agreement for the provision of Services, from the date of its conclusion.

  4. Upon receiving the Consumer's statement of withdrawal from the Agreement, the Seller will send a confirmation of receipt of the statement of withdrawal from the Agreement to the Consumer's email address.

  5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:

    1. Agreements for the provision of services, for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the explicit prior consent of the Consumer, who was informed before the commencement of the service that once the service is fully performed by the entrepreneur, the right to withdraw from the agreement will be lost, and the Consumer has acknowledged this fact;

    2. Agreements where the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the withdrawal period expires;

    3. Agreements for the supply of non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individual needs;

    4. Agreements for the supply of goods liable to deteriorate rapidly or with a short shelf life;

    5. Agreements for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

    6. Agreements for the supply of goods which, by their nature, are inseparably mixed with other items after delivery;

    7. Agreements for the supply of alcoholic beverages, the price of which was agreed at the time of the Sale Agreement and which can only be delivered after 30 days, and the value of which depends on market fluctuations over which the Seller has no control;

    8. Agreements where the Consumer has specifically requested a visit from the Seller to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer, or supplies goods other than spare parts necessary for the repair or maintenance, the right to withdraw from the Agreement applies to the additional services or goods;

    9. Agreements for the supply of audio or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery;

    10. Agreements for the supply of newspapers, periodicals, or magazines, with the exception of subscription agreements;

    11. Agreements concluded through a public auction;

    12. Agreements for the provision of services, for which the Consumer is obliged to pay a price, in cases where the Consumer has explicitly requested the Seller to carry out a repair or maintenance visit; the service has already been fully performed with the explicit prior consent of the Consumer, who has been informed before the commencement of the service, that once the service is fully performed by the Seller, the right to withdraw from the agreement will be lost, and the Consumer has acknowledged this fact.

    13. Agreements for services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies a day or period of service provision;

    14. Agreements for the supply of digital content not stored on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller commenced performance with the explicit prior consent of the Consumer, who has been informed before the commencement of the service, that once the service is fully performed by the Seller, the right to withdraw from the agreement will be lost, and the Consumer has acknowledged this fact, and the Seller provided the Consumer with confirmation as referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.

  6. Other exceptions to the right of withdrawal from the Agreement have been indicated in Article 38(2) of the Consumer Rights Act.

  7. In the event of withdrawal from a distance Agreement, the Agreement is considered not concluded. What the parties provided is subject to return in an unchanged condition, unless a change was necessary to determine the nature, characteristics, and functionality of the Goods. The return should be made promptly, no later than within 14 days. The purchased Goods should be returned to the Seller's address.

  8. The Seller will refund to the Consumer all payments made by them, including the delivery costs, immediately but no later than within 14 days from the day of receiving the Consumer's statement of withdrawal from the Agreement. The Seller will make the refund using the same payment method used by the Consumer, unless the Consumer agrees to a different method of refund, which will not incur any costs for the Consumer. The Seller may withhold the refund until receiving the Goods back or until the Consumer provides proof of returning the Goods, whichever occurs earlier, unless the Seller offered to collect the Goods themselves.

  9. If the Consumer chose a method of delivery other than the least expensive ordinary delivery offered by the Seller, the Seller is not obligated to refund the additional costs incurred by the Consumer.

  10. The Customer bears only the direct cost of returning the Goods, unless the Seller agreed to bear this cost.

IX. Complaints Regarding Goods

  1. The Seller undertakes to deliver the Goods in accordance with the Agreement.

  2. The Seller is liable for the non-conformity of the Goods with the Agreement based on the rules set out in the Consumer Rights Act towards a Customer who is a Consumer, and towards a Customer who is a natural person entering into an Agreement directly related to their business activity, provided that the Agreement does not have a professional character for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

  3. Complaints arising from the violation of the Customer's legally guaranteed rights or based on this Regulation should be addressed to DUCH BDSM - JAKUB CHOROSZKIEWICZ, ul. Michała Ossowskiego 10 lok. 8, 42-200 Częstochowa, by email at: duchbdsm@gmail.com, or by phone at +48 536 798 166.

  4. To consider a complaint, the Customer should send or deliver the complained Goods, along with the proof of purchase if possible. The Goods should be delivered or sent to the address indicated in point 3.

  5. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.

  6. In the event of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days from the date of receiving the call by the Customer.

X. Complaints Regarding the Provision of Electronic Services

  1. The Customer may submit complaints to the Seller regarding the functioning of the Store and the use of the Services. Complaints can be submitted in writing to: DUCH BDSM - JAKUB CHOROSZKIEWICZ, ul. Michała Ossowskiego 10 lok. 8, 42-200 Częstochowa, by email at: duchbdsm@gmail.com, or by phone at +48 536 798 166.

  2. In the complaint, the Customer should provide their full name, correspondence address, type, and description of the encountered problem.

  3. The Seller undertakes to consider each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days from the date of receiving the call by the Customer.

XI. Warranties

  1. The Goods may come with a manufacturer's warranty.

  2. In the case of Goods covered by a warranty, information about the existence and content of the warranty, as well as the duration for which it was granted, is always presented in the description of the Goods on the Store's website.

XII. Out-of-court Complaint Resolution and Claims Enforcement Methods

  1. A Customer who is a Consumer has various options for using out-of-court methods to resolve complaints and enforce claims, including but not limited to:

    1. The right to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement.

    2. The right to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for amicable dispute resolution between the Customer and the Seller.

    3. The option to obtain free assistance in resolving a dispute between the Customer and the Seller, including utilizing the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation through the toll-free consumer helpline at 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.

    4. Submitting a complaint via the European Union's online dispute resolution platform (ODR) available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal Data Protection

The personal data provided by Customers is collected and processed by the Seller in accordance with applicable legal regulations and the Privacy Policy available on the Store's website.

XIV. Final Provisions

  1. All rights to the Online Store, including intellectual property rights, copyrights, rights to the name, internet domain, website of the Online Store, as well as to forms and logos, belong to the Seller, and their use may only occur in a manner specified and in accordance with the Regulations.

  2. The provisions of this Regulations regarding the Consumer, withdrawal from the contract, and complaints apply to a natural person entering into a contract directly related to their business activity, when it results from the content of this contract that it does not have a professional character for this person, arising in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The provisions on out-of-court complaint resolution and claims enforcement methods do not apply.

  3. Whenever applicable legal provisions for the Consumer in their country of origin prove to be more favorable, the relevant provisions of the law applicable in the Consumer's country of origin will apply.

  4. The resolution of any disputes between the Seller and a Consumer Customer will be subject to the competent courts in accordance with the provisions of the relevant Code of Civil Procedure.

  5. The resolution of any disputes between the Seller and a Customer who is an Entrepreneur will be subject to the court competent for the Seller's registered office.

  6. In matters not regulated by this Regulations, the provisions of the Civil Code, the provisions of the Act on the Provision of Electronic Services, the provisions of the Consumer Rights Act, and other relevant Polish law shall apply.

  7. All Customers will be informed about any changes to this Regulations through information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers with an Account will additionally be notified of the changes along with their summary to the email address provided by them. The effective date of the changes will not be shorter than 14 days from the date of announcement. In the event that a Customer with an Account does not accept the new content of the Regulations, they are obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notification to the Seller of the non-acceptance of the new content of the Regulations results in the termination of the Agreement.

bottom of page