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Terms of Use for darkbyrior.com
WEBSITE TERMS OF SERVICE AGREEMENT
darkbyrior.com
І. GENERAL PROVISIONS
1.1. The website darkbyrior.com is an online store with an assortment of cosmetic products, in particular, for manicures and pedicures, skin care, etc.
1.2. Only the Site Administration, in addition to the court, has the right to interpret this agreement, as well as the terms used in it. For a more accurate understanding of the terms of the agreement, the terms in it are used in the following meanings:
1.2.1. Agreement means this document (Website Terms of Use Agreement).
1.2.2. The Site is a web page hosted by the darkbyrior.com link, including all subdomains (subfolders), owned by the Site Administration.
1.2.3. The User is a natural person who has full civil legal capacity and who has agreed to the terms of this Agreement.
1.2.4. Site Administration – "DARK BY RIOR" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (kraj POLSKA, woj. MAZOWIECKIE, WARSZAWA, ul. GOLESZOWSKA, nr 3, lok. ---, code 01-249, NIP: 5273103291, KRS: 0001093048, REGON: 52805532800000) – a legal entity registered in accordance with the current legislation of the Republic of Poland and/or persons authorized by it to manage the Website. According to the text of the Agreement, a reference to the Website Administration means a simultaneous reference to authorized persons of the Website Administration.
1.2.5. Personal account – the User's account on the Site. User registration is carried out by filling out the registration form, after which he gets access to his personal account.
1.2.6. Personal data - any information relating to a natural person (the User) who is identified or can be identified; an identifiable natural person is one who can be identified, directly or indirectly, in particular by an identifier such as a name, an identification number, location data, an online identifier, or by one or more factors that determine physical, physiological, genetic, mental, economic, cultural or social essence of such a natural person (clause 1, article 4 GDPR).
1.2.7. Goods are objects of the material world that are cosmetic products or other products related to cosmetic products.
1.3. This Agreement is a public offer. The moment of conclusion of this Agreement is considered the moment of any interaction of the User with the Site. The agreement can be concluded by a person who has full civil legal and legal capacity. If a person does not meet the requirements specified in this paragraph, he must immediately stop using the Site in any way.
1.4. Any interaction of the User with the Site (including, but not limited to, registration on the Site, ordering Goods, following links on the Site) means the User's unconditional agreement with all clauses of this Agreement. Such interaction with the Site is full and unconditional acceptance of this Agreement, ignorance of which does not exempt the User from responsibility for non-fulfillment of its terms.
1.5. If the User does not agree with any of the terms of this Agreement and/or does not agree to comply with the terms of this Agreement (or the new edition of the Agreement), he has no right to use the Site in any way, is obliged to stop using the Site and leave it . The user bears all risks associated with the continued use of the Site in case of disagreement with the provisions of the Agreement.
ІІ. USER ACCOUNT
2.1. The user can create a personal account on the Site. The Administration of the Site reserves the right to refuse to register an account on the Site, and to delete the registered account in case of violation of the legislation of the Republic of Poland or any other country of the European Union or the rules and conditions of use of the Site.
2.2. By registering (creating) an account on the Site, as well as using it, the User declares and guarantees that:
2.2.1. will place an order for the Goods in accordance with the contract and will not use the Goods in an illegal manner or not for their intended purpose;
2.2.2. funds obtained by criminal means are not used to purchase the Goods;
2.2.3. provide valid and accurate Personal Data and will always keep it up-to-date;
2.2.4. you will not take actions aimed at disrupting the normal operation of the Site, both programmatically and with the help of your direct actions on the Site, or any other illegal actions;
2.2.5. is responsible for protecting your account from unauthorized use;
2.2.6. will not transfer access to the account to other persons, and in case of transfer, bears sole responsibility for providing access to his account to third parties and understands all consequences for violation of this clause;
2.2.7. will not create more than one account per person;
2.2.8. not claim any rights to any content, materials or products posted on the Site;
2.2.9. will not extract, create databases or otherwise create temporary or permanent copies of content provided on and off the Site, or retain cached copies for longer than permitted by the cache header;
2.2.10. do not violate the intellectual property rights of the Site Administration, including using without the permission of the Site Administration texts, photos and other content posted on the Site;
2.2.11. do not violate the rights of other Users.
2.3. Users are prohibited from giving access to their account to others. In the case of providing such access, the Site Administration may delete or block (temporarily or for life) such an account. In case of loss of registration data, the User undertakes to immediately notify the Site Administration.
2.4. The user, as the legal owner of the account, is responsible for all actions taken on behalf of his account.
2.5. The user has the right to delete his account, if there are no unfulfilled obligations to the Site Administration. If there are such obligations, the User must first of all fulfill them. After fulfilling such obligations, the User has the right to delete his account, provided that the Site Administration confirms the fulfillment of such obligations.
ІІІ. INTELLECTUAL PROPERTY RIGHTS
3.1. Any materials posted on the Site belong to the Site Administration and are objects of intellectual property rights, protected by the national legislation on intellectual property of the Republic of Poland, as well as by relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphic images, programs and other objects that are part of the Site, without the permission of the Site Administration, is illegal and may be the cause of legal proceedings and bringing violators to civil, administrative and criminal charges liability in accordance with the legislation of the Republic of Poland.
3.2. When quoting materials from the Site, including copyrighted works, a reference to the Site is mandatory.
3.3. By adding any feedback to any third-party public online resource, the User agrees that the Site Administration may use the feedback without any additional compensation to the User and/or disclose the feedback on a non-confidential basis or otherwise transfer it to other persons, including publishing on the Site, social networks, messengers, etc.
3.4. The Site Administration does not guarantee the completeness, accuracy and reliability of any feedback published on the Site from other publicly available online resources, because the Site Administration is not the original source of such feedback.
ІV. RESPONSIBILITY
4.1. The user undertakes not to take any actions that violate the legislation of the Republic of Poland or any other country of the European Union, norms of international law and actions that may disrupt the normal functioning of the Site. The Site Administration has the right to demand compensation from the User for damages caused in connection with the violation of this clause.
4.2. Any disputes are subject to negotiation. If the Parties failed to resolve the dispute through negotiations, then such dispute shall be resolved in the courts in accordance with the legislation of the Republic of Poland.
4.3. Information about the Goods specified on the Site are possible terms of its sale, but cannot be considered an offer to sell them on such terms.
4.4. In case of aging of the materials (including the conditions of the Offer) on the Site, the Site Administration is not obliged to update them. The Administration of the Site is under no circumstances liable for any damages (including, but not limited to, loss of profit, data or business interruption, etc.) arising from the use, inability to use, or the results of the use of this Site.
4.5. The responsibility of the Site Administration for changing information about the product before payment for the Product is limited to the fact that the User has the right to refuse to receive the Services.
4.6. The responsibility for money transfers made by Users lies entirely with the banks and payment systems whose services the User decided to use. The Site administration does not assume responsibility for the actions of processing centers. When paying for an order by bank card, payment processing (including entering the card number) takes place on a secure page of the processing system. This means that the User's confidential data (card details, registration data, etc.) are not sent to the Site Administration, their processing is completely protected and no one can obtain the User's personal and bank data. When working with card data, the information protection standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures safe processing of the details of the User's bank card. The data transfer technology used guarantees the security of transactions with bank cards by using Secure Sockets Layer (SSL) protocols.
4.7. By registering on the Site, the User agrees to provide reliable and accurate information about himself and his contact details. The user is responsible for the accuracy of the data specified in the form when registering or placing an order. In the event that the data is inaccurately (incorrectly) specified and this led to additional costs for the Site Administration, all related losses and costs are borne by the User in full.
4.8. The Site Administration is not responsible for the functionality of the equipment on which the Site is located, the Site's availability, the operation of data transmission channels and other technical means for Users to access the Site. The Site Administration is not responsible for the User's visit and use of external resources, links to which may be contained on the Site.
4.9. The Site Administration has the right to send informational (advertising) messages to the User's addresses specified in the personal account/order. If the User refuses to receive the newsletter, the Site Administration undertakes to stop such mailing to the User.
4.10. The Site administration does not bear any responsibility for errors and typographical inaccuracies that may be found on the Site. All information, the Offer and materials are provided on an "AS IS" basis, without warranties, either express or implied.
4.11. The user agrees that the materials on the Site may be accompanied by advertising. The Site administration bears no responsibility and has no obligations in connection with such advertising. The User also agrees that the Site Administration has the right, without the User's separate permission, to make discounts and promotions for advertising purposes; place advertising publications or videos, as well as do everything else that the Site Administration considers necessary for the purposes of development, marketing and attracting customers.
4.12. The user undertakes not to use the Personal account to carry out actions that violate the law, as well as actions that violate the rights or interests of third parties. In case of violation of this rule, the User undertakes to compensate the Site Administration for all losses incurred in connection with such actions.
V. FINAL PROVISIONS
5.1. The Agreement is valid until the moment of full fulfillment of the obligation by all Parties. If the Party wishes to prematurely terminate the effect of this Agreement on specific legal relations of the Parties, such Party shall send a written notice of termination of this Agreement to the e-mail address of the other Party. Termination of the Agreement for the User means the impossibility of further use of the Site.
5.2. The user gives his consent to the use, processing and transfer of his personal data in accordance with the current legislation of the Republic of Poland. By accepting the terms of the Agreement, the User also confirms that he has read and agrees with the Privacy Policy of the Site, the terms of this Agreement, the Disclaimer, as well as the policy for the use of cookies.
5.3. The User gives his consent to receive electronic messages to the e-mail indicated by him and/or by means of mobile communication and/or by means of messengers (WhatsApp, Telegram, Viber, etc.) linked to the phone number specified by the User at Website or in any document. Such messages are considered as proper information of the User.
5.4. The current version of the Agreement is available on the Site. The Agreement may be changed by the Site Administration without prior notice to the User. The User is considered notified of the new version of the Agreement after its publication on the Site. Continued use of the Site by the User (any further interaction with the Site) means his consent to the changes in the Agreement.
5.5. The Administration of the Site has the right to deny the use of the Site to any User at any time.
5.6. The Site Administration has the right unilaterally, without notifying the User, to cancel his account (personal account), if the latter has not been used for more than 12 consecutive calendar months.
5.7. All relations arising from this Agreement in connection with its conclusion, interpretation, execution or termination are governed by the law (legislation) of the Republic of Poland and the European Union.
5.8. The invalidity of any provision of the Agreement by the court does not indicate the invalidity of other provisions of the Agreement.
5.9. This Privacy Policy is written in 3 languages: Ukrainian, English and Polish. In case of discrepancies, the text in Polish will have priority.