Terms and Conditions
1.General Provisions
These Terms and Conditions set out the rules for using the DBM Shopping website and the rules for entering into and performing agreements concerning the sale of digital products.
DBM Shopping is part of the DBM Platform and is a service that enables digital products to be presented and sold, in particular downloadable files and other digital content.
The seller of digital products offered through the Service is Design by Malina, www.dbm.org.pl / Arthur Malinowski.
These Terms and Conditions are available through the Service in a form that allows them to be accessed, saved and reproduced.
2.Definitions
- Service – DBM Shopping, a website that enables digital products to be presented and sold.
- Seller – Design by Malina, selling Digital Products through the Service.
- Customer – a natural person, legal person or organisational unit making a purchase through the Service.
- Consumer – a natural person entering into a legal transaction with the Seller that is not directly related to that person's business or professional activity.
- Digital Product – digital content supplied in electronic form, in particular a downloadable file or other digital content offered through the Service.
- Order – a declaration made by the Customer expressing the intention to enter into an Agreement concerning a Digital Product.
- Agreement – an agreement entered into between the Seller and the Customer through the Service concerning the supply of a Digital Product.
3.Seller and Contact
The seller of digital products offered through DBM Shopping is Design by Malina.
The Seller can be contacted by e-mail at: kontakt[at]dbm.org.pl and via the contact form available on the Seller's website.
The Seller's contact details are available through the Service before an Agreement is entered into and may be used for matters concerning Orders, payments, Digital Products and complaints.
4.Digital Products
The products offered for sale through the Service are Digital Products, in particular downloadable files and other digital content.
Each Digital Product is described through the Service in a manner that allows the Customer to become familiar with its essential characteristics before placing an Order.
The scope of the Customer's rights concerning the use of a Digital Product, including any restrictions resulting from a licence, may be specified in the product description or in information provided with the Digital Product.
The purchase of a Digital Product does not constitute a transfer of economic copyright to the Customer unless the product description or a separate agreement provides otherwise.
5.Placing Orders
- The Customer selects a Digital Product and its quantity, if the relevant offer provides for the selection of quantity.
- The Customer provides the information required to fulfil the Order, in particular an e-mail address.
- Before placing an Order, the Customer is provided with information concerning the Product, its price, available payment methods and other material terms of the transaction.
- An Order is placed after the Customer performs the actions specified by the Service and accepts the required terms.
- After an Order has been successfully placed, the Customer receives confirmation at the e-mail address provided by the Customer.
6.Prices and Payments
Prices of Digital Products are stated in the currency indicated for the relevant Product.
The price presented to the Customer before placing an Order is the price the Customer is required to pay for the selected Product, including applicable taxes and other charges where applicable.
Payment may be made using the payment methods available through the Service.
Fulfilment of the Order begins after confirmation that the payment has been successfully completed.
7.Delivery of Digital Products
Digital Products are delivered electronically.
In the case of Products intended for download, delivery takes place by providing the Customer with an individual link enabling the purchased file to be downloaded.
Information required to download the Product may be sent to the e-mail address provided during the ordering process.
The Customer is responsible for having a device and software that enable the use of the purchased Digital Product in accordance with its description.
The Service does not constitute a service for the indefinite storage of copies of purchased Digital Products. The Customer should save the downloaded Product on their own device or another suitable medium.
8.Right of Withdrawal
A Consumer has the right to withdraw from a distance Agreement on the terms provided for by applicable law.
In the case of an Agreement concerning the supply of digital content that is not supplied on a tangible medium, the Consumer does not have the right to withdraw from the Agreement where the conditions specified in these Terms and Conditions and applicable law have been met.
In particular, the right of withdrawal may not apply where:
- The Seller has begun supplying the digital content before the expiry of the withdrawal period.
- The Consumer gave prior express consent to the commencement of the supply of the digital content before the expiry of the withdrawal period.
- The Consumer was informed before the supply began that, by giving such consent, they would lose their right of withdrawal and acknowledged this information.
9.Conformity of the Digital Product with the Agreement
The Seller is responsible for the conformity of the Digital Product with the Agreement in accordance with applicable law.
The Digital Product should, in particular, correspond to the description, type, quantity, quality, functionality, compatibility and interoperability specified in the Agreement.
If the Digital Product does not conform to the Agreement, the Customer may exercise the rights provided for by applicable law.
10.Complaints
A complaint concerning a Digital Product may be submitted by e-mail or through the contact form available on the Seller's website.
The complaint should, where possible, include information enabling the Order to be identified and a description of the issue concerning the Digital Product.
The Seller will consider the complaint within the period required by applicable law.
11.Use of Digital Products
Digital Products may be protected by copyright and related rights under applicable law.
The Customer is required to use the purchased Product in accordance with applicable law, the applicable licence terms and the information provided for the relevant Product.
Unless the applicable licence terms provide otherwise, the Customer is not authorised to distribute the purchased Product, make it available to third parties or use it in a manner that infringes the rights of the Seller or other authorised persons.
12.Personal Data
Personal data of Customers and other persons using the Service is processed in accordance with applicable data protection laws.
Detailed information concerning the processing of personal data is provided in the Privacy Policy.
13.Final Provisions
Matters not regulated by these Terms and Conditions are governed by applicable law.
These Terms and Conditions enter into force on the date specified in their current version available through the Service.
The Seller may update these Terms and Conditions in the event of changes in applicable law or technical or organisational changes concerning the operation of the Service.