Regulations

§ 1. GENERAL PROVISIONS AND DEFINITIONS The regulations define the rules and conditions for the provision of services via electronic means, including the use of the Store, as well as the rights, obligations, and liability conditions of the Seller and the Customer. The regulations also contain information that the Seller is obligated to provide to the Consumer in accordance with the applicable laws, including the Act of May 30, 2014, on consumer rights (Journal of Laws of 2017, item 683, as amended).

Every Customer should familiarize themselves with the regulations.

The regulations are available on the Store's website and are provided free of charge prior to the conclusion of the agreement. Upon the Customer's request, the regulations are also made available in a manner that allows for obtaining, reproducing, and storing its content using the teleinformatics system used by the Customer (e.g., via email).

Basic definitions:

Seller: She is Sunday Sp. z o.o., a business entity conducting business activities at 4 Dynasy Street, 00-354 Warsaw, Tax Identification Number (NIP): 5252805645, registered in the Central Register and Information on Economic Activity.

Store or Online Store or Service: An electronic service, an Online Store operated by the Seller at the website www.sheissunday.com, through which the Customer enters into a distance sales agreement, and the parties are informed about the sale by automatically generated email, and the performance of the agreement (in particular, the delivery of the Goods) takes place offline.

Customer: an individual who has reached the age of 18 and has full legal capacity, a legal person, or an organizational unit without legal personality but authorized to acquire rights and incur obligations on its own behalf, who establishes a legal relationship with the Seller within the scope of the Store's activities. The Customer is also a Consumer if there are no separate provisions regarding the Consumer in a specific matter.
Consumer: a Customer who is a natural person entering into a legal transaction (purchase) with the Seller, not directly related to their business or professional activity.
Electronic Service: a service within the meaning of the Act of July 18, 2002, on the provision of services by electronic means (Journal of Laws of 2017, item 1219, as amended), provided electronically by the Seller to the Customer through the Service.
Account: an Electronic Service identified by an individual name (login) and password provided by the Customer, a set of resources in the Seller's teleinformatics system, where data provided by the Customer and information about activities within the Store are stored.
Goods or Products: goods sold in the Store, available in the Seller's offer.
Agreement: a distance agreement concerning the purchase of Goods concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller.
Form: a script serving as a means of electronic communication, enabling the placement of an Order in the Store or the performance of other activities in the Store.
Order: a purchase order for Goods placed by the Customer using technical communication means.
Newsletter: an Electronic Service, an electronic distribution service provided by the Seller through email, enabling all users to automatically receive periodic messages (newsletters) from the Seller containing information about the Service, including news or promotions in the Store.

§ 2. BASIC AND TECHNICAL INFORMATION

Seller's contact details for Customer contact: address: 4 Dynasy Street, 00-354 Warsaw, email address: ciao@sheissunday.com, phone number: +48 690 226 087.
The Seller is a VAT taxpayer.
The Seller offers the following types of Electronic Services:

Online Store,
Newsletter,
Account
The Seller provides Electronic Services in accordance with the Regulations.
The technical requirement for using the Store is for the Customer to have a computer or other devices enabling internet browsing, suitable software (including an internet browser), internet access, and an active and current email account.
The Customer is prohibited from providing unlawful content.
The use of the Store may involve typical internet risks such as spam, viruses, and hacking attacks. The Seller takes measures to counteract these risks. The Seller notes that the public nature of the internet and the use of services provided electronically may involve the risk of unauthorized acquisition or modification of customer data. Therefore, Customers should employ appropriate technical measures to minimize these risks, including antivirus programs and identity protection measures for internet users.
The conclusion of an agreement for the provision of Electronic Services takes place through the online Store. The Customer may terminate the use of Electronic Services at any time by leaving the Store or deleting their Customer account. In such cases, the agreement for the provision of Electronic Services terminates automatically without the need for additional statements from the parties.
It is not possible to use the Store anonymously or under a pseudonym.

§ 3: PERSONAL DATA

The Seller processes the personal data provided by the Customers in accordance with applicable laws, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (General Data Protection Regulation) (hereinafter referred to as the "Regulation"). In particular, the Seller ensures that these data are:

processed lawfully, fairly, and in a transparent manner to the Customers and other individuals whose data are concerned;
collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
adequate, relevant, and limited to what is necessary for the purposes for which they are processed;
accurate and, if necessary, kept up to date;
stored in a form that permits identification of the individuals to whom the data relate for no longer than is necessary for the purposes for which the data are processed;
processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures.

The Seller implements appropriate technical and organizational measures to ensure the protection of processed personal data in a manner suitable to the nature, scope, context, and purposes of the processing, as well as the risks of infringement of the rights or freedoms of natural persons.
The Seller provides access to personal data and the exercise of other rights to the Customers and other individuals whose data are concerned, in accordance with the applicable provisions of the law.
The legal basis for processing personal data is the consent of the Customers or the occurrence of another legal basis for processing personal data under the Regulation.
The Seller guarantees the realization of the rights of individuals whose personal data are processed in accordance with the relevant provisions, including the following rights:

the right to withdraw consent for the processing of personal data;
the right to information regarding their personal data;
the right to control the processing of data, including their completion, updating, correction, and deletion;
the right to object to the processing or restrict the processing;
the right to lodge a complaint with the supervisory authority and to seek other legal remedies to protect their rights.

The person who has access to personal data processes it solely based on the authorization of the Seller or a data processing agreement and strictly on the Seller's instructions.
The Seller ensures that personal data is not disclosed to any other entities except those authorized under relevant laws, unless required by the laws of the European Union or Polish law.

The Seller uses cookies. The entity placing cookies on the User's end device and accessing them is the Seller.

Cookies are used for the following purposes:

Generating statistics that help understand how Consumers use the Store's website, allowing for the improvement of its structure and content.
Customizing the content of the Store to Consumer preferences and optimizing the use of web pages. For example, cookies allow recognizing the Consumer's device (such as a laptop, smartphone, tablet) and displaying a website adapted to the capabilities of the end device.
Creating Consumer profiles to display product recommendations and personalized materials in advertising networks, particularly in services provided by Google LLC, Google Ireland Limited, and Facebook Ireland Ltd. Cookies enable the display of ads, offers, and promotions based on browsing patterns on the Store's website. This ensures that the Store's content and advertising messages are better tailored to the User's interests and preferences. Cookies also allow limiting the number of ad impressions. Marketing cookies can also be used to track the effectiveness of advertising campaigns on other companies' websites.
Ensuring that Consumers have read the information about cookies.

Consumers have the ability to independently and at any time change the settings regarding cookies, specifying the conditions for storing and accessing cookies on their device. However, limiting the use of cookies may affect some features available on the Store's website.

As part of the marketing activities, the Seller uses the services of the following entities, which use cookies on the Store's website:

Facebook, Inc., and TheFacebook, Inc.
Google LLC

More information about the cookies used by these entities can be found in their privacy policies. Users can prevent the loading of third-party plugins and cookies on the website by adjusting the appropriate settings in their browser. Consumer's personal data is transferred to service providers used by the Seller in operating the Store. In particular, personal data may be disclosed to payment processors (e.g., PayPal, Stripe) for payment processing and to courier companies (e.g., DHL, DPD, FedEx) for product delivery to the specified address. If the Consumer signs up for the Newsletter or availability notification, the Consumer's email address and date of birth will be transferred to the Klaviyo system.

Any personal data provided by the Consumer when placing an order is stored in the Shopify system for order fulfillment and processing.

For the purpose of order fulfillment, the following personal data is collected from the Buyer:

Postal address: necessary for issuing a purchase receipt.
Delivery address: necessary for addressing the shipment.
Email address: necessary for communication related to order fulfillment.
Phone number: necessary for certain types of delivery options.

Detailed solutions regarding the protection of personal data related to placing an order, as well as using the store before and after placing an order, are included in the privacy policy.

§ 4: Additional informations

a. Account

Registering an account on the store's website is free of charge and requires the following actions: The customer should fill out the registration form, providing specific information and making statements regarding the acceptance of the Terms and Conditions, personal data processing, and receiving commercial information. A verification link will be sent to the customer's email address provided during the account registration process for the purpose of verifying the account. Logging into the account requires entering the login and password set by the customer. The password should be kept confidential and not shared with anyone.
The account allows the customer to enter or modify data, place or check orders, and view order history.
The Electronic Service of the Account is provided free of charge for an indefinite period of time.
The customer may terminate the account at any time by sending a relevant request to the seller via email at ciao@sheissunday.com or in writing to the seller's address: ul. Dynasy 4, 00-354 Warsaw.

b. Newsletter

The Newsletter service aims to provide the customer with requested information.
Using the Newsletter does not require the customer to register an account, but it requires providing an email address and making statements regarding the acceptance of the Terms and Conditions, personal data processing, and receiving commercial information.
A confirmation link for the Newsletter subscription will be sent to the customer's email address.
The Electronic Service of the Newsletter is provided free of charge for an indefinite period of time.
The customer may unsubscribe from the Newsletter at any time by sending a relevant request to the seller via email at info@sheissunday.com or in writing to the seller's address: ul. Dynasy 4, 00-354 Warsaw.

§ 5.SALE
-Products

All Products offered in the Store are new and free from defects. A detailed description of the Goods can be found on the Store's website.
No warranty is provided for the Goods, and after-sales services are not offered.

d . Orders and their fulfillment

An order can be placed by filling out the Form available in the Store.
Orders can be placed after prior registration of an Account in the Store or without registering an Account (guest shopping).
The Customer is obligated to carefully fill out the Form, providing all the necessary information accurately, selecting the preferred method of payment and delivery.
The Customer provides their details in the Form and agrees to the terms and conditions of the Regulations, personal data processing, and receiving commercial information.
Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or holidays will be processed on the next business day.
The Customer confirms the submission of the Order by selecting the button or checkbox labeled "place order and pay." The Seller will send an order confirmation to the Customer's provided email address.
The order processing time (i.e., until the day of dispatching the Goods) is up to 14 business days.

c. Payments

All prices of Goods displayed in the Store are gross prices in Euro (including VAT). The price of the Goods does not include the costs mentioned in point 2 below. The price of the Goods provided at the time of placing the Order by the Client is binding for both parties.
The costs associated with the delivery of the Goods (such as transportation, delivery, postal services, custom duties) are borne by the Client. The amount of these costs may depend on the Client's choice of the method of delivery of the Goods. Information about the amount of these costs is provided during the Order placement.
The Client may choose the payment method: Payment via the PayPal payment system - payment before the shipment of the Goods (prepayment). After placing the Order, the Client should make the payment through the PayPal system. The Order will be processed after the Client's payment is confirmed in the PayPal payment system.
For each sold Product, the Store issues a proof of purchase and delivers it to the Client, if the provisions of the applicable law require it.

d. Delivery

The Product is shipped to the address provided by the Client in the Form, unless otherwise agreed by the Parties.
The Product is delivered via a courier company or postal operator, according to the Client's choice. The delivery time depends on the chosen method of delivery selected by the Client. Depending on the distance and the time when the order is placed, the delivery time may be extended, for which the Seller is not responsible.
Together with the Goods, the Seller provides the Client with all its equipment elements, as well as operating, maintenance, and other documents required by applicable laws.
The Seller specifies that:

a) In the case of sales to Consumers, the risk of accidental loss or damage to the Goods passes to the Consumer upon the delivery of the Goods to the Consumer. The delivery of the Goods is considered to have taken place when the Seller hands over the Goods to the carrier, if the Seller has no influence on the choice of the carrier by the Consumer.

Acceptance of the shipment by the Client without any reservations shall result in the expiration of claims for loss or damage in transit, unless:

a) The damage is documented before accepting the shipment;

b) The documentation was not made due to the fault of the carrier;

c) The loss or damage resulted from intentional misconduct or gross negligence of the carrier;

d) The authorized party discovered the damage that was not externally visible after accepting the shipment and requested an assessment of its condition within 7 days, providing evidence that the damage occurred between accepting the shipment for transport and its delivery.

e. Additional information for Consumers

The agreement is not concluded for an indefinite period and will not be automatically extended.
The minimum duration of the Consumer's obligations resulting from the Agreement is the duration of the Agreement, i.e., the payment and receipt of the Goods.
The use of the Store by the Consumer does not require the payment of a deposit or the provision of any other financial guarantees.

§6. LIABILITY

Liability for warranty is excluded in legal relations with Customers.
The Seller is liable towards the Consumer if the Goods have a physical or legal defect (warranty) on the terms specified in the provisions of the Civil Code (Journal of Laws 2017.459, consolidated text with amendments) and the Act of May 30, 2014, on consumer rights (Journal of Laws 2017.683, consolidated text with amendments), including the following principles:

a) A physical defect consists of the Goods not being in conformity with the contract. In particular, the Goods are not in conformity with the contract if:

i) The Goods do not possess the properties which the Goods of this kind should have due to their purpose as defined in the contract or resulting from circumstances or destination;

ii) The Goods do not possess the properties which the Seller has assured the Consumer of;

iii) The Goods are not fit for the purpose of which the Consumer has informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such purpose;

iv) The Goods have been delivered to the Consumer in an incomplete state.

b) The Goods have a legal defect if the Goods are the property of a third party or are encumbered with the right of a third party, as well as if the use or disposal of the Goods is restricted due to a decision or ruling of a competent authority; in the case of the sale of rights, the Seller is also liable for the existence of the right.
The Seller is liable for warranty for physical defects that existed at the time the risk passed to the Consumer or resulted from a cause inherent in the Goods at the same time.
The Seller is exempt from liability under warranty if the Consumer was aware of the defect at the time of the conclusion of the contract.
If a physical defect is discovered before the expiration of one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time the risk passed to the Consumer.
The Seller is liable for warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the Goods to the consumer, and if the Goods acquired by the Consumer are used movable property, the Seller is liable for warranty if a physical defect is discovered before the expiration of one year from the date of delivery of the Goods.
The Consumer's rights under warranty include:

a) The right to demand a reduction in the price of the Goods or to withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or remedies the defect;

b) The Consumer may, instead of the remedy proposed by the Seller, demand the replacement of the Goods with defect-free ones or, instead of replacing the Goods, demand the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the detected defect, as well as the inconveniences to which the Consumer would be exposed by another method of satisfaction, shall be taken into account.
Correct, according to the provided information, the Consumer who exercises their rights under warranty is obligated, at the Seller's expense, to deliver the defective item to the location specified in the agreement. If no such location is specified in the agreement, the Consumer should deliver the item to the place where it was handed over to them.

§7. COMPLAINT HANDLING PROCEDURE

In the event of finding that the parcel with the Goods has been tampered with, suffered loss, or damage, the Customer should immediately (no later than within 7 days from the date of receiving the parcel) file a complaint with the Seller. Such action will enable the pursuit of claims against the carrier. This is not a condition for considering the Consumer's complaint.
The complaint should include a detailed description of the problem and, if applicable, photographic documentation, and should be sent to the email address ciao@sheissunday.com.
The Seller undertakes to consider the Customer's complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it shall be deemed that the complaint has been deemed justified.
If the complaint is recognized, the Seller will take appropriate actions.
There is a possibility to use out-of-court methods for complaint resolution and pursuing claims in legal relations with Consumers, including:

the possibility of resolving disputes electronically using the ODR (Online Dispute Resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
the possibility of conducting amicable proceedings before a common court or other authorities.

§ 8. COMPLAINT HANDLING PROCEDURE

In the event of finding that the parcel with the Goods has been tampered with, suffered loss, or damage, the Customer should immediately (no later than within 7 days from the date of receiving the parcel) file a complaint with the Seller. Such action will enable the pursuit of claims against the carrier. This is not a condition for considering the Consumer's complaint.
The complaint should include a detailed description of the problem and, if applicable, photographic documentation, and should be sent to the email address ciao@sheissunday.com.
The Seller undertakes to consider the Customer's complaint within 14 days. If the Seller does not respond to the Consumer's complaint within 14 days, it shall be deemed that the complaint has been deemed justified.
If the complaint is recognized, the Seller will take appropriate actions.
There is a possibility to use out-of-court methods for complaint resolution and pursuing claims in legal relations with Consumers, including:

the possibility of resolving disputes electronically using the ODR (Online Dispute Resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
the possibility of conducting amicable proceedings before a common court or other authorities.
for which the Goods are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Agreement, and the delivery of which can only take place after 30 days, and their value depends on fluctuations in the market over which the Seller has no control;
for which the Consumer explicitly requested the Seller to visit them for urgent repair 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 of withdrawal from the Agreement applies to the additional services or goods;
for which the Goods are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
for the supply of newspapers, periodicals, or magazines, with the exception of subscription agreements;
concluded through a public auction;
for the provision of accommodation services other than for residential purposes, the transportation of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the day or period of service provision is specified in the agreement;
for the supply of digital content that is not stored on a tangible medium if the performance of the service has begun with the explicit consent of the Consumer before the expiration of the withdrawal period and after the Seller has informed the Consumer about the loss of the right to withdraw from the agreement.
The Seller shall reimburse the Consumer for all payments made by the Consumer, including the costs of delivery, without undue delay and no later than 14 days from the day on which the Seller receives the Consumer's statement of withdrawal from the agreement. The Seller will make the refund using the same means of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise, and provided that the Consumer does not incur any additional costs as a result.
If the Consumer has chosen a method of delivery other than the least expensive type of standard delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
The Consumer is obliged to return the Goods along with all accessories, including the packaging, if it constitutes an essential part of the Goods. The Seller may withhold the reimbursement until the Goods are received or until the Consumer provides proof of returning the Goods, whichever occurs earlier.
The Consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear those costs or has not informed the Consumer about the obligation to bear such costs.
The Consumer is liable for any diminished value of the Goods resulting from the handling of the Goods beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
In the event of a successful withdrawal from the Agreement, the Agreement is considered void and not concluded.

§9. INTELLECTUAL PROPERTY

The rights to the Service and its contents belong to the Seller.
The website address under which the Store is accessible, as well as the content of the website www.sheissuday.com, are subject to copyright and are protected by copyright law and intellectual property law.
All logos, trade names, graphic designs, videos, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc., are registered trademarks and belong to the Seller, the manufacturer, or the distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting, or distributing any content from the website www.sheissunday.com without the owner's permission is prohibited.

§10. FINAL PROVISIONS

In matters not regulated by the Regulations in legal relationships with Customers or Consumers, the relevant provisions of the applicable law shall apply.
Any deviations from the Regulations require written form under penalty of invalidity.
The competent court to settle disputes between the Seller and the Customer shall be the court competent according to the Seller's registered office. The competent court to settle disputes between the Seller and the Consumer shall be the court competent according to general principles (the court of the defendant's place of residence) or any other court more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).