Terms of Service

Online Store Regulations – www.dreamisland.com

I. General Provisions

1. These Terms and Conditions define the general rules and method of providing Services electronically, as well as the terms of sales conducted via the Online Store www.dreamisland.com. The Store is operated by FUNDACJA SHAPE YOUR DESTINY, headquartered in Warsaw, at ul. Chmielna 73C lok. 39, 00-801 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, KRS 0000666226, NIP 5223084901, REGON 366683640, hereinafter referred to as the Seller.
2. Contact with the Seller is possible via:
   • email: contact@dreamisland.com
   • phone: +48 537926668
   • the contact form available on the Online Store’s website
3. These Terms and Conditions are continuously available on the website www.dreamisland.com
   in a manner that enables obtaining, reproducing, and recording their content at any time by printing or saving them to a device.
4. The Seller informs that the use of electronic services may involve risks for any Internet user, including the possibility of introducing harmful software into the Client’s IT system, as well as the acquisition or modification of their data by unauthorized persons. To minimize these risks, the Client should use appropriate technical measures, particularly antivirus software and a firewall.

II. Definitions

The terms used in these Terms and Conditions mean:

• Business Days – days from Monday to Friday, excluding public holidays;
• Client – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organizational unit without legal personality but granted legal capacity by specific laws, who places an Order within the Online Store or uses other Services available in the Online Store;
• Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
• Account – the part of the Online Store assigned to a given Client, through which the Client may perform certain actions within the Online Store;
• Consumer – a Client who is a consumer within the meaning of Article 22[1] of the Civil Code;
• Entrepreneur – a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
• Terms and Conditions – this document;
• Goods – a product presented in the Online Store, with a description available next to each presented item;
• Sales Agreement – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client;
• Services – services provided electronically by the Seller to Clients within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
• Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
• Act on the Provision of Electronic Services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
• Order – a Client’s declaration of intent aimed directly at concluding a Sales Agreement, specifying in particular the type and quantity of the Goods.

III. Rules for Using the Online Store

1. Using the Online Store is possible provided that the IT system used by the Client meets the following minimum technical requirements:
   • a computer or mobile device with Internet access,
   • access to email,
   • a web 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,
   • Cookies and JavaScript enabled in the web browser.
2. Using the Online Store means any activity performed by the Client that leads to viewing the content available in the Store.
3. The Client is in particular obliged to: 
   • not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory content, or content violating personal rights and other rights of third parties, 
   • use the Online Store in a manner that does not disrupt its functioning, especially by using specific software or devices, 
   • refrain from actions such as sending or placing unsolicited commercial information (spam) within the Online Store, 
   • use the Online Store in a manner that is not burdensome to other Clients or the Seller, 
   • use all content available within the Online Store solely for personal use, 
   • use the Online Store in accordance with the laws in force in the territory of the Republic of Poland, the provisions of these Terms and Conditions, and the general principles of Internet use.

IV. Services

1. Through the Online Store, the Seller provides access to free Services, which are available 24 hours a day, 7 days a week.
2. The Account service in the Online Store is available after registration. Registration is completed by filling in and accepting the registration form provided on one of the Store’s pages. The agreement for the provision of the Account service in the Online Store is concluded for an indefinite period and is terminated upon the Client sending a request to delete the Account or using the “Delete Account” button.
3. The Client may receive commercial information from the Seller in the form of messages sent to the email address provided by the Client (Newsletter Service). For this purpose, the Client must provide a valid email address or activate the relevant field in the registration or Order form. The Client may withdraw consent to receive commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and is terminated upon the Client sending a request to remove their email address from the Newsletter subscription or unsubscribing via the link included in the message sent as part of the Newsletter Service.
4. The Client has the option to send messages to the Seller via the contact form. The agreement for the provision of the Service consisting of providing an interactive form that enables Clients to contact the Seller is concluded for a fixed period and terminates when the Client sends the message.
5. The Seller has the right to organize occasional contests and promotions, the terms of which will be provided each time on the Online Store’s website. Promotions in the Online Store cannot be combined unless the terms of a given promotion state otherwise.
6. In the event that the Client violates the provisions of these Terms and Conditions, the Seller—after an ineffective prior call to cease or remedy the violations within a specified period—may terminate the agreement for the provision of Services with a 14-day notice period.

V. Procedure for Concluding a Sales Agreement

1. Information about the Goods provided on the Store’s website, in particular their descriptions, technical and functional parameters, and 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, compliant with the Agreement, and have been legally placed on the Polish market.
3. If the Seller uses mechanisms for individual price adjustment based on automated decision-making, the Seller will each time provide such information to the Consumer during the placement of the Order, in accordance with the requirements imposed by personal data protection regulations.
4. A condition for placing an Order is having an active email account.
5. When placing an Order using the Order form available on the Online Store website, the Order is submitted to the Seller by the Client electronically and constitutes an offer to conclude a Sales Agreement for the Goods covered by the Order. An electronically submitted offer is binding for the Client if the Seller sends to the email address provided by the Client a confirmation of acceptance of the Order, which constitutes the Seller’s declaration of accepting the Client’s offer, and upon the Client’s receipt of such confirmation, the Sales Agreement is concluded.
6. Placing an Order in the Online Store via email is possible on Business Days and during the hours specified on the Online Store website. To do this, the Client must:
   • provide in the email sent to the Seller the name of the Goods listed on the Store’s website and the desired quantity,
   • indicate the delivery method and payment method from those listed on the Store’s website,
   • provide the information necessary to fulfill the Order, in particular: first and last name, place of residence, and email address.
7. The total value of the Order, referred to above, is provided each time by the Seller via email, along with the information that concluding the Sales Agreement obliges the Client to pay for the ordered Goods. At this moment, the Sales Agreement is concluded.
8. For a Client who is a Consumer, the Seller, after receiving an Order sent via email, will send the Consumer a confirmation of the conditions of the placed Order.
9. The Agreement is concluded when the Client, who is a Consumer, sends— in response to the Order confirmation sent by the Seller—an email to the Seller’s email address, in which the Client: accepts the content of the Order, agrees to its execution, accepts the Terms and Conditions, and confirms that they have read the notice on the right to withdraw from the Agreement.
10. The Sales Agreement is concluded in Polish or English, in accordance with the content of these Terms and Conditions.

VI. Delivery

1. Delivery of Goods is carried out to the address indicated by the Client when placing the Order.
2. The Client may choose the following delivery methods for the ordered Goods:
   • via courier service;
   • via postal operator;
   • delivery to a Parcel Locker (Paczkomat).
3. On the Store’s website, in the product description, the Seller informs the Client about the number of Business Days needed to process the Order and deliver it, as well as the delivery costs.
4. The delivery time and Order processing time are calculated in Business Days in accordance with Section VII, point 2.
5. The Seller provides the Client with proof of purchase.
6. If the Goods covered by the Order have different processing times, the longest of those times applies to the entire Order.

VII. Prices and Payment Methods

1. Prices of Goods are provided in Polish złoty, U.S. dollars, or euros—according to the Client’s choice—and include all components, including VAT, customs duties, and any other charges. 
2. The Client may choose the following payment methods: 
   • bank transfer to the Seller’s bank account (in this case, Order processing begins after the Seller sends the Client a confirmation of Order acceptance, and shipment is made immediately after the funds are credited to the Seller’s account and the Order is completed); 
   • electronic payment (in this case, Order processing begins after the Seller sends the Client a confirmation of Order acceptance and after the Seller receives information from the payment provider confirming that the Client has made the payment, and shipment is made immediately after the Order is completed). 
3. The Seller informs the Client on the Store’s website about the deadline by which payment for the Order must be made. If the Client fails to make the payment within this deadline, the Seller—after an ineffective prior payment request with an appropriate deadline—may withdraw from the Agreement pursuant to Article 491 of the Civil Code.

VIII. Right to Withdraw from the Agreement

1. A Client who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is sufficient to send the statement before its expiry. 
2. The Client may draft 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 on which the Goods were delivered, or in the case of a Service Agreement, from the day it was concluded. 
4. Upon receiving the Consumer’s withdrawal statement, the Seller will send confirmation of receipt to the Consumer’s email address. 
5. The Consumer’s right to withdraw from the Agreement is excluded in the following cases: 
   • a Service Agreement for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s explicit prior consent, who was informed before performance began that they would lose the right to withdraw once the service was performed, and acknowledged this; 
   • an Agreement in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal period expires; 
   • an Agreement in which the subject of the service is a non-prefabricated Good, produced according to the Consumer’s specifications or serving their individualized needs; 
   • an Agreement in which the subject of the service is a Good that is liable to deteriorate rapidly or has a short shelf life; 
   • an Agreement in which the subject of the service is a Good delivered in sealed packaging which cannot be returned after opening due to health or hygiene reasons, if the packaging was opened after delivery; 
   • an Agreement in which the subject of the service consists of Goods that, due to their nature, become inseparably mixed with other items after delivery; 
   • an Agreement for alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, whose delivery may take place only after 30 days and whose value depends on market fluctuations beyond the Seller’s control; 
   • an Agreement in which the Consumer explicitly requested the Seller to come to them for urgent repair or maintenance; if the Seller additionally provides services not requested by the Consumer or delivers Goods other than the necessary spare parts, the right to withdraw applies only to those additional services or Goods; 
   • an Agreement in which the subject of the service is sound or video recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery; 
   • an Agreement for the supply of newspapers, periodicals, or magazines, except for subscription agreements; 
   • an Agreement concluded by public auction; 
   • a Service Agreement for which the Consumer is obliged to pay a price, where the Consumer explicitly requested the Seller to come to them for repair, and the service has already been fully performed with the Consumer’s explicit prior consent; 
   • a Service Agreement for accommodation (other than residential purposes), transport of goods, car rental, catering, or leisure, entertainment, sports, or cultural events, if the Agreement specifies a specific date or period for providing the service; 
   • an Agreement for the supply of Digital Content not supplied on a tangible medium, for which the Consumer is obliged to pay a price, if the Seller began performance with the Consumer’s explicit and prior consent, who was informed before performance began that they would lose the right to withdraw after the Seller performs the service, acknowledged this, and the Seller provided the confirmation 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 are listed in Article 38(2) of the Consumer Rights Act. 
7. In the event of withdrawal from a distance Agreement, the Agreement is considered void. What the parties have provided must be returned unchanged, unless the change was necessary to establish the nature, characteristics, and functionality of the Goods. The return must be made immediately, no later than within 14 days. The purchased Goods must be returned to the Seller’s address. 
8. The Seller will promptly, but no later than within 14 days from the day of receiving the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the cost of delivering the Goods. The refund will be made using the same payment method used by the Consumer unless the Consumer agrees to a different method that does not entail additional costs. The Seller may withhold the refund until receiving the returned Goods or proof of their return, whichever occurs first, unless the Seller has offered to collect the Goods from the Consumer. 

    

9. If the Consumer chose a delivery method other than the least expensive standard delivery method offered by the Seller, the Seller is not required to refund the additional costs incurred by the Consumer. 
10. The Client bears only the direct cost of returning the Goods, unless the Seller has agreed to cover this cost.

IX. Complaints Regarding Goods

1. The Seller undertakes to deliver Goods that are in conformity with the Agreement.
2. The Seller is liable for the non-conformity of the Goods with the Agreement under the principles set out in the Consumer Rights Act with respect to a Client who is a Consumer, as well as a Client who is a natural person entering into an Agreement directly related to their business activity, when the content of that Agreement shows that it is not of a professional nature for that person, in particular arising from the subject of their business activity made available under the provisions of the Central Register and Information on Economic Activity. Warranty rights for Entrepreneurs are excluded.
3. Complaints arising from the violation of the Client’s rights guaranteed by law or by these Terms and Conditions should be sent to the address: FUNDACJA SHAPE YOUR DESTINY, ul. Michała Drzymały 30, 02-495 Warsaw, or to the email address: support@dreamisland.com, or by phone: +48 537926668. 
4. To process the complaint, the Client should send or deliver the Goods under complaint, if possible including proof of purchase. The Goods should be delivered or sent to the address indicated above. 
5. The Seller undertakes to review each complaint within 14 days from the date of its receipt. 
6. If the complaint is incomplete, the Seller will request the Client to supplement it to the necessary extent immediately, but no later than within 7 days from the date the Client receives the request.

X. Complaints Regarding the Provision of Electronic Services

1. The Client may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to: FUNDACJA SHAPE YOUR DESTINY, ul. Michała Drzymały 30, 02-495 Warsaw, by email to: support@dreamisland.com, or by phone: +48 537926668. 
2. In the complaint, the Client should provide their first and last name, correspondence address, and a description of the issue encountered. 
3. The Seller undertakes to review each complaint within 14 days from the date of its receipt. If the complaint is incomplete, the Seller will request the Client to supplement it to the necessary extent within 7 days from the date the Client receives the request.

XI. Warranties

1. Goods may be covered by a manufacturer’s warranty.
2. For Goods covered by a warranty, information regarding the existence and terms of the warranty, as well as its duration, is provided in the product description on the Store’s website.

XII. Out-of-Court Complaint Handling and Redress Procedures

1. A Client who is a Consumer has, among others, the following options to use out-of-court methods of resolving complaints and pursuing claims: 
   • they are entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from a concluded Sales Agreement; 
   • they are entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to reach an amicable settlement of the dispute between the Client and the Seller; 
   • they may obtain free assistance regarding the resolution of the dispute between the Client and the Seller using the free help of a district (municipal) consumer ombudsman or a consumer rights organization (including the Consumer Federation and the Polish Consumer Association). Advice is provided by the Consumer Federation via the free consumer helpline 800 007 707, and by the Polish Consumer Association at the email address porady@dlakonsumentow.pl;
   • they may submit their complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/
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XIII. Personal Data Protection

The personal data provided by Clients 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 economic copyrights, intellectual property rights to its name, internet domain, website, as well as forms and logos, belong to the Seller, and their use is permitted only in the manner specified and consistent with these Terms and Conditions. 
2. The provisions of these Terms and Conditions concerning the Consumer, regarding withdrawal from the agreement and complaints, also apply to a natural person entering into an agreement directly related to their business activity, when the content of that agreement shows that it is not of a professional nature for that person, in particular arising from the subject of their business activity made available under the provisions on the Central Register and Information on Economic Activity. The provisions on out-of-court complaint resolution and redress do not apply to such persons. 
3. Any disputes arising between the Seller and a Client who is a Consumer shall be resolved by the courts competent in accordance with the provisions of the Civil Procedure Code. 
4. Any disputes arising between the Seller and a Client who is an Entrepreneur shall be resolved by the court competent for the Seller’s registered office. 
5. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, and other relevant provisions of Polish law shall apply. 
6. All Clients will be informed of any changes to these Terms and Conditions through an announcement on the main page of the Online Store, containing a list of amendments and their effective date. Clients who have an Account will additionally be informed of the changes along with a summary sent to the email address they provided. The effective date of amendments will not be shorter than 14 days from the date of announcement. If a Client who has an Account does not accept the new content of the Terms and Conditions, they must notify the Seller within 14 days from the date of receiving the information about the changes. Notifying the Seller of the lack of acceptance will result in the termination of the Agreement.