Terms and Conditions of the LoneIsland Online Store - Your Lonely Island

This document primarily defines the rules under which contracts are concluded in the Store, and provides important information about the Seller, the Store, and the rights of Consumers.

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical Requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order Fulfillment

§ 7 Right of Withdrawal from the Contract

§ 8 Exceptions to the Right of Withdrawal from the Contract

§ 9 Complaints

§ 10 Personal Data

§ 11 Reservations

Appendix No. 1: Sample Withdrawal Form

§ 1 DEFINITIONS

Working Days – days from Monday to Friday, except for public holidays in Poland.

Civil Code – Polish act of April 23, 1964, Civil Code.

Consumer – Buyer who is a natural person, purchasing in the Store or taking actions aimed at making a purchase, without a direct connection to their business or professional activity.

Account – a digital service regulated by a separate set of regulations within the meaning of the Consumer Rights Act, through which the Buyer can use additional features in the Store free of charge.

Buyer – any entity purchasing in the Store or taking actions aimed at making a purchase.

Privileged Buyer – Consumer or Privileged Entrepreneur.

Privileged Entrepreneur – Buyer who is a natural person, entering into or intending to enter into a contract with the Seller based on these Regulations directly related to their business activity, but not having a professional character for them.

Regulations – these regulations.

Store – LoneIsland online store operated by the Seller at https://loneisland.store

Seller – PDWIZARDS, entrepreneur conducting business under the name PDWIZARDS Dobrochna Mańkowska, entered in the Central Register and Information on Economic Activity maintained by the minister responsible for economic affairs and maintaining the Central Register and Information on Economic Activity, NIP PL5851400417.

§ 2 CONTACT WITH THE SELLER

1. Postal Address: Rybickiego 4/U4, 81-340 Gdynia
2. Email Address: twoj@loneisland.pl
3. Phone: +48732220153
4. The cost of telephone calls or data transmissions made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller points out that the cost of international calls or international data transmissions may be higher than the cost of domestic calls or transmissions, depending on the tariff set by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:

• A device with access to the Internet
• A web browser that supports JavaScript and cookies.

1. In addition to the requirements specified in paragraph 1, an active email account is necessary to place an order in the Store.

§ 4 SHOPPING IN THE STORE

1. The prices of the products visible in the Store are total prices for the product.
2. The Seller points out that the total price of the order consists of the price for the product indicated in the Store and, if applicable, the shipping costs for the delivery of goods.
3. The selected product to be purchased should be added to the cart in the Store.
4. Then, the Buyer selects the method of delivery of the goods and payment method for the order from the available options in the Store, and provides the necessary data to fulfill the placed order.
5. The order is placed at the moment of confirming its content and accepting the Terms and Conditions by the Buyer.
6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
7. The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
2. regular bank transfer to the Seller's bank account;
3. using a payment card:

• Visa
• Visa Electron
• MasterCard
• MasterCard Electronic
• Maestro

1. via a payment platform:

• PayPal
• Tpay
• Stripe

1. cash on delivery, i.e., by card or cash upon delivery of goods to the Buyer;
2. by card or cash upon personal collection of goods.
3. If the Buyer chooses prepayment, they must pay for the order within 7 business days from placing it.
4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

1. The order fulfillment period is up to 7 working days.
2. If the Buyer has chosen payment in advance for the order, the Seller will proceed to fulfill the order after it has been paid for.
3. The countries/territories where delivery is being made:

• Poland,
• Europe,
• countries of the European Union,
• Schengen Area countries,
• United States of America,
• Canada,
• Australia,
• South Africa,

1. The following delivery methods are available in the Store:
2. via UPS courier service,
3. via Polish Post;
4. electronically, to the email address provided by the Buyer when placing the order - in the case of Digital Content;
5. personal pickup;
6. delivery to UPS Access Point;
7. The Buyer can pick up the goods personally at the company's premises during its opening hours.
8. In case of personal pickup selected by the Buyer, the goods will be ready for pickup on the specified order fulfillment date.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline for withdrawing from the contract expires after 14 days from the day:
3. on which the privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the privileged Buyer took possession of those goods;
4. on which the privileged Buyer took possession of the last goods, batch or part or on which a third party, other than the carrier and indicated by the privileged Buyer, took possession of the last goods, batch or part, in case of a contract concerning the transfer of ownership of multiple goods that are delivered separately, in batches or in parts;
5. of conclusion of the contract - in case of a contract for the delivery of Digital Content.
6. In order for the privileged Buyer to exercise their right of withdrawal from the contract, they must inform the Seller using the data provided in § 2 of the Regulations about their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by mail or email).
7. The privileged Buyer may use the withdrawal form template provided at the end of these Regulations, but it is not mandatory.
8. To meet the deadline for withdrawing from the contract, it is sufficient for the privileged Buyer to send information regarding their exercise of their right to withdraw from the contract before the expiry of that deadline.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

1. In the case of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the privileged Buyer's choice of a delivery method other than the cheapest ordinary delivery method offered by the Seller), without delay and in any case no later than 14 days from the day on which the Seller was informed of the privileged Buyer's decision to exercise the right of withdrawal from the contract.
2. The Seller shall make the refund using the same payment methods that were used by the privileged Buyer in the original transaction, unless the privileged Buyer agrees to a different solution; in any case, the privileged Buyer shall not incur any fees in connection with this refund.
3. If the Seller has not offered to collect the goods from the privileged Buyer himself, he may withhold the refund until he receives the goods or until he receives proof of their return, depending on which event occurs first.
4. The Seller requests that goods be returned to the following address: Rybickiego 4/U4, 81-340 Gdynia without delay and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged Buyer sends back the goods before the 14-day deadline expires.
5. The privileged Buyer bears direct costs of returning the goods.
6. The privileged Buyer is only liable for a decrease in value of the goods resulting from use of them in a manner other than necessary to ascertain their nature, characteristics and functioning.
7. If due to their nature, goods cannot be returned by regular mail, the privileged Buyer will also have to bear direct costs of returning them. The Seller will inform the privileged Buyer about an estimated amount of these costs in the item description in the Store or during order placement.
8. In case of a need to refund a transaction made by a privileged Buyer with a payment card, the Seller will make a refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right of withdrawal from a distance contract referred to in § 7 of the Regulations does not apply to the contract:
2. whose subject matter is an unprefabricated good manufactured according to the specifications of the privileged Buyer or serving to satisfy their individualized needs;
3. whose subject matter is a good that is perishable or has a short shelf life;
4. whose subject matter is a good delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons if the package was opened after delivery;
5. whose subject matter consists of goods that, due to their nature, are inseparably connected with other items after delivery;
6. whose subject matter consists of audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
7. for the delivery of newspapers, periodicals or magazines, except for subscription contracts;
8. whose price or remuneration depends on fluctuations in the financial market that are beyond the Seller's control and may occur before the expiration of the withdrawal period;
9. for the delivery of digital content for which the privileged Buyer is obliged to pay a price if all of the following conditions are met:

• The Seller has commenced performance with the express and prior consent of the privileged Buyer;
• The privileged Buyer has been informed before the commencement of performance that they will lose their right of withdrawal from the contract after performance by the Seller and has acknowledged this;
• The Seller has provided the privileged Buyer with legally compliant confirmation of the conclusion of a distance contract, including information about the aforementioned consent, on a durable medium within a reasonable time after concluding the contract, at the latest before commencing performance.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller bears privileged liability towards the privileged Buyer for the compliance of the service with the contract, as provided for by generally applicable legal provisions, in particular by the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those related to the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
3. If a warranty has been provided for the product, information about it and its conditions is available in the Store.
4. The Seller will respond to complaints within 14 days from the date of receipt.

II PRIVILEGED BUYERS

1. Goods
2. In the event of non-compliance of the goods with the contract, the privileged Buyer has the option to exercise rights specified in Chapter 5a of the Consumer Rights Act.
3. The Seller is liable for non-compliance of the goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the goods for use, specified by the Seller, their legal predecessors or persons acting on their behalf, is longer.
4. Based on the provisions of the Consumer Rights Act, in case of non-compliance with the contract, the privileged Buyer may request:
5. exchange of goods,
6. repair of goods.
7. Additionally, the privileged Buyer may submit a declaration regarding:
8. reduction of price,
9. withdrawal from the contract In a situation where:

• The Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
• The Seller has not brought the goods into conformity with the contract in accordance with Article 43d(4-6) of the Consumer Rights Act;
• The lack of conformity of the goods with the contract still exists, despite the Seller's attempt to bring the goods into conformity with the contract;
• The lack of conformity of the goods with the contract is significant enough to justify a reduction in price or withdrawal from the contract without prior use of the means of protection specified in Article 43d of the Consumer Rights Act;
• It is clearly stated in the Seller's statement or circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the privileged Buyer.

1. In the case of goods subject to repair or replacement, the privileged Buyer should make this goods available to the Seller. The Seller collects the goods from the privileged Buyer at his own expense.
2. The privileged Buyer cannot withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
3. In case of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at his expense, at Rybickiego 4/U4, 81-340 Gdynia. The Seller shall refund the price to the privileged Buyer immediately, no later than 14 days from receiving the goods or proof of their return.
4. The Seller shall refund to the privileged Buyer amounts due as a result of exercising the right to reduce the price immediately, no later than 14 days from receiving the privileged Buyer's statement on reducing the price.
5. Digital Content
6. In the event of improper performance of the contract for the delivery of Digital Content by the Seller, the privileged Buyer has the option to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
7. If the Seller has not delivered the Digital Content, the privileged Buyer may request them to deliver it. If the Seller still does not deliver the Digital Content promptly or within an additional, clearly agreed-upon term by the privileged Buyer and the Seller, the privileged Buyer may withdraw from the contract.
8. The privileged Buyer may withdraw from the contract without requesting the delivery of Digital Content if:

• it is clearly stated in the Seller's statement or circumstances that they will not deliver the Digital Content, or
• the privileged Buyer and Seller have agreed upon, or it clearly follows from the circumstances of entering into the contract, that a specific delivery date for the Digital Content was of significant importance to the privileged Buyer, and the Seller did not deliver it on that date.

1. The Seller is liable for any lack of conformity of the Digital Content with the contract that existed at the time of delivery and became apparent within two years from that moment.
2. If the Digital Content is not in conformity with the contract, the privileged Buyer may request its conformity with the contract.
3. In case of lack of conformity of the Digital Content with the contract, the privileged Buyer has an obligation to cooperate with the Seller, to a reasonable extent and using means that are least burdensome for themselves, in order to determine whether the lack of conformity of the Digital Content with the contract at a given time results from characteristics of the privileged Buyer's digital environment.
4. Additionally, if the Digital Content is not in conformity with the contract, the privileged Buyer may declare:
5. reduction of price,
6. withdrawal from the contract, when:

• Bringing the digital content into conformity with the contract is impossible or requires excessive costs in accordance with Article 43m paragraphs 2 and 3 of the Consumer Rights Act;
• The seller did not bring the digital content into conformity with the contract within a reasonable time from the moment the privileged buyer informed the seller about the lack of conformity with the contract, and without causing excessive inconvenience to the privileged buyer, taking into account their nature and purpose of use;
• The lack of conformity of the digital content with the contract still exists, despite the seller's attempt to bring the digital content into conformity with the contract;
• The lack of conformity of the digital content with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e. requesting to bring the digital content into conformity with the contract);
• It is clearly stated in the seller's statement or circumstances that they will not bring the digital content into conformity with the contract within a reasonable time or without causing excessive inconvenience to the privileged buyer.

1. The privileged buyer cannot withdraw from the contract based on the previous provision if the digital content is provided in exchange for payment and the lack of conformity of the digital content with the contract is insignificant.
2. The seller is obliged to refund to the privileged buyer the price owed as a result of exercising their right to withdraw from the contract referred to in this section (concerning digital content), or to reduce the price, immediately, no later than 14 days from receiving a statement from the privileged buyer regarding withdrawal from the contract or price reduction.
3. The seller refunds the price using the same payment method used by the privileged buyer, unless the privileged buyer has explicitly agreed to a different method of refund that does not incur any costs for them.

Out-of-court methods for handling complaints and pursuing claims

The Seller informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or websites of entities authorized to handle disputes out of court. The Consumer can use, among others:

• the assistance of the appropriate European Consumer Centre from the Network of European Consumer Centres. The centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of European Consumer Centres is generally free of charge. A list of Consumer Centres responsible for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
• the online ODR (Online Dispute Resolution) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

In addition, in the territory of the Republic of Poland, you can benefit from the following forms of support:

• mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which you should apply for mediation. In principle, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• assistance from the territorially competent permanent amicable consumer court operating at the Voivodeship Inspectorate of Trade Inspection, where you should submit an application for your case to be heard by an amicable court. In principle, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

1. The previous provision is informative in nature and does not constitute an obligation for the Seller to use out-of-court methods for dispute resolution.
2. The use of out-of-court methods for handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
3. The Consumer can additionally benefit from free assistance from a municipal or district consumer ombudsman.

III BUYER OTHER THAN PRIVILEGED BUYER

1. In the event of a defect in the goods, a buyer other than a privileged buyer has the option to complain about the defective goods based on the warranty regulated in the Civil Code.
2. According to the Civil Code, a buyer who is an entrepreneur other than a privileged entrepreneur loses rights under the warranty if they do not examine the goods in a timely manner and in a manner customary for goods of that kind and do not immediately notify the Seller of the defect, and in the event that the defect becomes apparent only later - if they do not notify the Seller immediately after discovering it. Sending a notification of defect before the expiration of the above-mentioned term is sufficient to meet this deadline.
3. By using the warranty, a buyer other than a privileged buyer may, under the conditions specified in the Civil Code:
4. submit a statement to reduce the price,
5. in case of a significant defect - submit a statement to withdraw from the contract,
6. request replacement of the goods with one free from defects,
7. request removal of the defect.
8. If it turns out that it is necessary to deliver the defective goods to the Seller for processing the complaint, a buyer other than a privileged buyer is obliged to deliver those goods to Rybickiego 4/U4, 81-340 Gdynia.
9. In order to avoid doubts, the Seller points out that § 11 (7) applies to the Seller's liability towards a buyer other than a privileged buyer related to complaints.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller - including other purposes and legal bases for data processing, as well as recipients of the data - can be found in the privacy policy available in the Store, due to the principle of transparency contained in the general regulation of the European Parliament and Council (EU) on data protection - "GDPR".
2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is:

• a contract or actions taken at the request of the Buyer aimed at concluding it (art. 6 sec. 1 lit. b GDPR),
• a legal obligation of the Seller related to accounting (art. 6 sec. 1 lit. c GDPR), and
• a legitimate interest of the Seller consisting in processing data for the purpose of establishing, pursuing or defending possible claims (art. 6 sec. 1 lit. f GDPR).

1. Providing data by the Buyer is voluntary, but at the same time necessary for concluding a contract. Not providing data will make it impossible to conclude a contract in the Store.
2. The Buyer's data provided in connection with purchases in the Store will be processed until:
3. the contract between the Buyer and the Seller ceases to be valid;
4. there is no longer a legal obligation on the Seller to process the Buyer's data;
5. there is no longer a possibility for the Buyer or Seller to pursue claims related to the contract concluded through the Store;
6. an objection from the Buyer against the processing of their personal data is accepted - in cases where the basis for processing was justified interest of the Seller

• depending on what applies in a given case.

1. The Buyer has the right to request:
2. access to their personal data,
3. Right to rectification,
4. Right to erasure,
5. Right to restriction of processing,
6. Right to data portability to another administrator,
7. and also the right to:
8. object at any time to the processing of data for reasons related to the Buyer's particular situation - with regard to personal data concerning him, processed on the basis of art. 6(1)(f) of the GDPR (i.e., based on the legitimate interests pursued by the Seller).
9. In order to exercise their rights, the Buyer should contact the Seller using the contact details provided in § 2 of the Terms and Conditions.
10. If the Buyer believes that their data is being processed unlawfully, they can file a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

1. It is prohibited for the Buyer to provide unlawful content.
2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of fulfilling the order.
3. All contracts concluded under these Terms and Conditions are subject to Polish law, subject to paragraph 4.
4. The choice of Polish law for contracts concluded under the Regulations with the Consumer does not exclude or limit the rights of that Buyer, which are granted to him on the basis of absolutely binding provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law, that broader protection shall apply.
5. Contracts concluded under the Regulations are concluded in Polish.
6. In the event of any dispute with a Buyer who is not a privileged Buyer, related to a contract concluded through the Store, the competent court will be the court competent for the Seller's registered office.
7. The Seller's liability towards a Buyer who is not a privileged Buyer, arising from a contract concluded through the Store, is limited - within the limits permitted by law - to the amount of the order placed by the Buyer, as a result of which the contract was concluded, and to 1 year from the conclusion of that contract.

Annex No. 1 to the Regulations

Below is a sample withdrawal form, which the Consumer or privileged Entrepreneur may but do not have to use:

FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should be filled out and sent only in case of a desire to withdraw from the contract)

PDWIZARDS Dobrochna Mańkowska

Rybickiego 4/U4, 81-340 Gdynia

email address: twoj@loneisland.pl

• I/We() ..................................................................... hereby inform/informs() about my/our withdrawal from the sales contract for the following goods() / about the provision of the following service() / about the delivery of digital content in the form of(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

• Date of conclusion of the contract

(*) / receipt

(*)

..............................................................................................................................................................................

• Name and surname of the Consumer(s) / Privileged Business Entity(s):

..............................................................................................................................................................................

• Address of the Consumer(s) / Privileged Business Entity(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................

Signature of the Consumer(s) / Privileged Business Entity(s)

(only if the form is sent in paper version)

Date ............................................(*) Cross out if not needed.

Terms of Use of the Online Store

LoneIsland.store

referring to content added by Users (DSA)

Contact Point

To contact us, you can use the following forms of electronic communication:

email: twoj@loneisland.pl

contact form available at: https://loneisland.pl/kontakt

Regardless of the forms of electronic communication - you can also contact us by phone at: +48732220153

Language of Communication

You can contact us in the following languages:

• Polish,
• English.

User-Generated Content

The online store allows you to enter content that is stored on our website.

This content includes:

• product reviews (including services),
• comments,
• ratings,
• photos,
• graphic materials,
• video materials,
• audio materials.

We ensure that reviews come from people who have used or purchased the product. For this purpose, we only send requests for feedback to people who have purchased a product from us.

Restrictions on User-Generated Content

Remember that when using our website, you may not submit illegal content (especially content such as hate speech, terrorist-related content, and discriminatory content that is contrary to the law), or content that becomes illegal under the applicable regulations due to the fact that it relates to illegal activities. For example, illegal content includes actions such as:

• Sharing images depicting the immoral treatment of children for sexual purposes,
• Illegally sharing private images without consent,
• Cyberstalking,
• Unauthorized use of copyrighted materials,
• Illegal offering of accommodation services,
• Illegal sale of live animals.

You should also not submit content that violates social coexistence rules or is contrary to the terms of use of our services, including provisions, rules, conditions, and regulations related to our website - to the extent that they relate to your submission of content on the website.

In particular, within the framework of using our website, it is prohibited to submit content that may constitute:

• Humiliating, offensive or degrading materials: any content that may be considered offensive or degrading and may violate someone's good name.
• Erotic Content: materials of a pornographic nature or other content with a clearly sexual undertone.
• False Information and Disinformation: dissemination of false information or misleading content, particularly regarding medical or scientific knowledge.
• Propaganda and Totalitarian Ideologies: materials promoting ideologies or actions deemed illegal in Poland or harmful to the values of a democratic rule of law.
• Spam and Unsolicited Advertising: sending or publishing unsolicited advertising or marketing materials.
• Violation of Intellectual Property Rights: publishing content without the appropriate rights or licenses, infringing copyright or industrial property rights.
• Impersonating Other Users: pretending to be someone else or publishing content on behalf of another person without their consent.
• Content Unrelated to the Service's Activity: publishing materials that are not related to the theme or purpose of the website's activity.
• Content Generally Considered Indecent: including profanity.

Reporting Illegal Content

If you would like to report illegal content to us, please contact us through the Contact Point whose details can be found at the beginning of these terms.

Please include in your report:

• A sufficiently justified explanation of the reasons why you allege that the relevant information constitutes illegal content.
• A clear indication of the exact electronic location of the information, such as the exact URL or URLs, and if applicable, additional information to help identify the illegal content, depending on the type of content and specific type of hosting service.
• Your name or company name and email address - except in the case of a report regarding information considered to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU (i.e. sexual offenses against children and child pornography).
• A statement confirming your good faith belief that the information and allegations in the report are accurate and complete.

You just need to include this information in your message. You can use the sample report form that we provide at the end of this document.

We collect this information pursuant to Article 16(2) of Regulation (EU) 2022/2065 of the European Parliament and Council of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act), known as DSA.

If you send your report by email or provide your electronic contact details in it, we will confirm receipt of your report.

We will also inform you about the actions we have taken regarding the illegal content you reported and about the possibilities to appeal our decision.

Content Moderation

User-generated content in the Online Store is moderated by us in response to user reports. We can also take such actions on our own initiative.

We respond to all reports regarding possible violations of the law or principles of social coexistence, provisions, rules, conditions, and regulations related to our website. We take appropriate actions immediately to remove or prevent access to illegal content as soon as we gain such knowledge or information.

Please remember that we are not obligated to actively search for illegal content.

However, we do use automatic mechanisms for detecting potentially illegal content on our own initiative, in good faith, and with due diligence.

Content may also be reviewed manually by us without the involvement of automatic tools.

Content moderation takes place in accordance with legal regulations, in particular the provisions of the Digital Services Act (DSA).

Justification for actions taken regarding user content

In the event of taking action against illegal content or content that does not comply with the rules described in this document, we inform all interested recipients - if we know their relevant electronic contact details - about the restrictions imposed on the content or the user responsible for it, provided that due to the nature of the service or other provisions of binding agreements applicable to us, the following may apply:

• Restrictions on the visibility of certain information provided by us, including removal of content, prevention of access to content, or de-ranking of content.
• Suspension, termination, or other limitation of monetary payments.
• Suspension or termination of service provision in whole or in part.
• Suspension or closure of the recipient's account.

Every action taken by us will be justified.

We may refrain from such information if the content consists of misleading commercial information of large volume.

FORM FOR REPORTING ILLEGAL INFORMATION

To facilitate the process of reporting illegal content, we encourage you to submit information according to the template below. Using the template is NOT mandatory.

Name of the person reporting: ……………………….

Email address of the person reporting: ………………………

(The fields for the reporter's data do not apply to reports concerning information deemed to be related to one of the offenses referred to in Articles 3-7 of Directive 2011/93/EU, i.e., sexual offenses against children and child pornography.)

URL(s) where the reported content can be found: ……………………………………………………………………………………………………………

Any additional information that will help identify the reported content: ……………………………………………………………

Justified explanation of the reasons why I allege that the reported information constitutes illegal content:

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

I declare that I have a good faith belief that the information and allegations in my report are accurate and complete.

Account Terms and Conditions

in the LoneIsland store Your Lonely Island

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contacting the Service Provider

§ 3 Technical Requirements

§ 4 Account

§ 5 Complaints

§ 6 Right of Withdrawal from the Contract

§ 7 Personal Data

§ 8 Changes to the Regulations or Account

§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – A User who is a natural person who has concluded an agreement for the maintenance of an Account based on the Terms and Conditions or takes actions aimed at concluding it, without a direct connection to their business or professional activity.

Account – A digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the User, through which the User can benefit from additional features in the Store.

Loyalty Program – A loyalty program conducted by the Service Provider in the Store, under which a User with an Account can earn and use Points according to the rules specified in the Terms and Conditions.

Points – Points awarded to the User under the rules specified in the Terms and Conditions within the Loyalty Program, allowing the User to purchase indicated products in the Store at a discount.

Privileged Entrepreneur – A User who is a natural person entering into an agreement for the maintenance of an Account based on the Terms and Conditions (or taking actions aimed at concluding it), directly related to their business activity, but not having a professional character for it.

Terms and Conditions – These terms and conditions of the Account.

Store – The online store LoneIsland Your Lonely Island operated by the Service Provider at https://loneisland.store

User – Any entity that has concluded an agreement for the maintenance of an Account or takes actions aimed at concluding it.

Privileged User – A User who is a Consumer or a Privileged Entrepreneur.

Service Provider – DOBROCHNA MAŃKOWSKA, an entrepreneur conducting business under the name PDWIZARDS Dobrochna Mańkowska, registered in the Central Register and Information on Business Activity maintained by the minister responsible for economy and conducting the Central Register and Information on Business Activity, NIP 5851400417, REGON 220697440, Rybickiego 4/U4, 81-340 Gdynia.

Consumer Rights Act – The Polish act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Rybickiego 4/U4, 81-340 Gdynia
2. Email address: twoj@loneisland.pl
3. Phone: +48732220153
4. The cost of telephone calls or data transmission made by the User results from the basic tariff of the telecommunications operator or internet service provider whose services are used by the User. The Service Provider points out that the cost of international calls or international data transmission may be higher than that of domestic calls or transmissions - depending on the tariff adopted by the telecommunications operator or internet service provider used by the User.

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and establishment of an Account, the following is required:

• An active e-mail account,
• A device with Internet access,
• A web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Establishing an Account is completely voluntary and depends on the will of the User.
2. The Account provides the User with additional possibilities, such as: viewing the history of orders placed by the User in the Store, checking the status of an order, or independently editing the User's data, as well as participation in the Loyalty Program.
3. To establish an Account, it is necessary to fill out the appropriate form in the Store.
4. At the moment of establishing an Account, a contract for maintaining the Account is concluded for an indefinite period between the User and the Service Provider under the terms specified in the Regulations.
5. The Service Provider starts providing the service of maintaining an Account on the terms specified in the Regulations immediately after concluding the contract for maintaining the Account.
6. The User can resign from the Account at any time without incurring any costs.
7. Deleting an Account results in terminating the contract for maintaining the Account. In order to delete an Account by the Service Provider, it is necessary to send a resignation from the Account to the e-mail address of the Service Provider provided in § 2 of the Regulations, which will result in immediate deletion of the Account and termination of the contract for maintaining the Account.

LOYALTY PROGRAM

1. The loyalty program is intended for Users who have an Account. Earning and using Points by the User is only possible by using the Account.
2. At the moment of creating an Account, the User becomes a participant in the loyalty program and remains one during the term of the account management agreement.
3. For every 50 PLN spent in the Store as part of a single order, the User will receive the following number of Points: 5, subject to paragraphs 11 and 12.
4. Points for a placed order will only be granted to the User in the event that the Service Provider enters into a contract with the User for the purchase of the products specified in the order. Points will be automatically credited to the User at the time of order fulfillment.
5. Only cash amounts spent by the User on products ordered in the Store without using Points, and without including additional costs related to ordering a product, such as delivery costs, are taken into account when calculating the number of Points due for a placed order.
6. In the event that the User subscribes for the first time to the newsletter operated by the Service Provider within the Store, they will be entitled to receive 100 Points.
7. The granting of Points for subscribing to the newsletter occurs immediately, automatically, no later than 7 days after the User subscribes to the newsletter.
8. The User can obtain 150 Points for each opinion published in the Store and added by them through their Account, which is legal and compliant with social norms, regarding a product purchased by them in the Store.
9. Points due to the User for publishing an opinion in the Store will be granted immediately, automatically, no later than 7 days after the opinion is added by the User.
10. The Points earned by the User are accumulated in one pool.
11. The current number of Points collected by the User will be visible in their Account. The Service Provider may also inform the User about changes in the number of accumulated Points by sending a message to the email address assigned to their Account.
12. In the event that the current balance of Points accumulated in the Account exceeds the point threshold specified in this provision, the User will receive a discount on every purchase made in the Store using the Account, in the amounts specified below:

• 10% - after accumulating the following number of Points: 300;
• 15% - after accumulating the following number of Points: 600;
• 20% - after accumulating the following number of Points: 1000.

1. The discount values indicated in the above paragraph do not accumulate.
2. The discount of the appropriate amount will be automatically applied to the total price of the products subject to the User's order.
3. Subject to the following provisions of this paragraph, the Points collected by the User will expire after 600 days from their assignment to the Account, which is equivalent to their removal from the current balance of Points accumulated by the User.
4. The Service Provider has the right to cancel Points:
5. awarded for orders for which the Service Provider has refunded the money paid for the product to the User; in the case of a privileged User, this provision applies only in situations where the refund was made as a result of withdrawal from the contract by the privileged User based on Chapter 4 of the Consumer Rights Act;
6. granted despite unsuccessful payment for an order (which does not mean that it is not possible to acquire Points again as a result of properly paying for an order);
7. granted for re-subscribing to the newsletter.
8. Cancellation of Points based on the previous provision does not affect Points already used by the privileged User.
9. Points accumulated in the Loyalty Program can only be used in a manner specified in this paragraph. Points accumulated in the Loyalty Program cannot be exchanged for cash, sold or transferred to third parties.

§5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
2. The Service Provider will respond to complaints within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

1. The Service Provider bears responsibility towards the privileged Service Recipient for the compliance of the service with the contract, as provided for by generally applicable legal provisions, in particular by the provisions of the Consumer Rights Act.
2. In case of improper performance by the Service Provider of the contract for maintaining an Account, the privileged Service Recipient has the possibility to exercise rights regulated in Chapter 5b of the Consumer Rights Act.
3. If the Service Provider has not provided a digital service, the privileged Service Recipient may request its delivery. If, despite this, the Service Provider does not deliver the digital service promptly or within an additional term clearly agreed upon by both the Service Provider and the privileged Service Recipient, they may withdraw from the contract for maintaining an Account.
4. The privileged Service Recipient may withdraw from the contract for maintaining an Account without requesting delivery of the digital service if:
5. it is clear from the statement of the Service Provider or circumstances that they will not deliver the digital service, or
6. it was agreed between the privileged Service Recipient and the Service Provider, or it is clear from the circumstances of concluding the contract for maintaining an Account that a specific delivery date for the digital service was of significant importance to the privileged Service Recipient, and the Service Provider did not deliver it by that date.
7. The Service Provider is responsible for non-compliance with the contract for maintaining an Account for a continuously provided digital service that occurred or became apparent during the time when, according to that contract, the service was to be delivered.
8. If the digital service is not in accordance with the contract for maintaining an Account, the privileged Service Recipient may request its compliance with that contract.
9. In case of non-compliance of the digital service with the contract for maintaining an Account, the privileged Service Recipient has an obligation to cooperate with the Service Provider, to a reasonable extent and using means that are least burdensome for themselves, in order to determine whether non-compliance of the digital service with respect to maintaining an Account results from characteristics of their digital environment.
10. Additionally, if the digital service is not in accordance with the contract for maintaining an Account, the privileged Service Recipient may submit a statement of withdrawal from that contract when:
11. It is impossible to bring the digital service into compliance with the contract for maintaining the Account or it requires excessive costs in accordance with Article 43m paragraphs 2 and 3 of the Consumer Rights Act;
12. The Provider has not brought the digital service into compliance with the contract for maintaining the Account within a reasonable time from the moment when the privileged User informed the Provider about the lack of compliance with this contract, and without excessive inconvenience to the privileged User, taking into account the nature and purpose of this digital service, in which it is used;
13. The lack of compliance of the digital service with the contract for maintaining the Account still exists, despite the Provider's attempts to bring the digital service into compliance with this contract;
14. The lack of compliance of the digital service with the contract for maintaining the Account is significant enough to justify withdrawal from the contract for maintaining the Account without prior use of the protection measure specified in Article 43m of the Consumer Rights Act (i.e., requesting that the digital service be brought into compliance with the contract);
15. It is clear from the Provider's statement or circumstances that he will not bring the digital service into compliance with the contract for maintaining the Account within a reasonable time or without excessive inconvenience to the privileged User.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS

1. The Provider informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The Consumer can make use of, among others:

• Help from the appropriate European Consumer Centre from the network of European Consumer Centres. The centres provide information about consumer rights and assist in resolving disputes in the case of cross-border purchases. The assistance of the European Consumer Centres is generally free of charge. A list of Consumer Centres relevant to a specific country can be found at: https://konsument.gov.pl/eck-w-europie/
• The online platform for Online Dispute Resolution (ODR), provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

1. In addition, in the territory of the Republic of Poland, you can benefit from the following forms of support:

• Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which you should submit a request for mediation. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• Assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, where you should submit an application for consideration of a case before an arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php

1. The previous provision is informative in nature and does not constitute an obligation for the Service Provider to use extrajudicial methods of dispute resolution.
2. The use of extrajudicial methods for handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
3. The Consumer may additionally benefit from free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The privileged User has the right to withdraw from the contract concluded with the Service Provider for maintaining an Account within 14 days without providing any reason.
2. The period for withdrawing from the contract for maintaining an Account expires after 14 days from the date of conclusion of that contract.
3. In order for the privileged User to exercise the right to withdraw from the contract, they must inform the Service Provider, using the data provided in § 2 of the Regulations, about their decision to withdraw from the contract by means of a clear statement (for example, a letter sent by post or email).
4. The privileged User may use the template withdrawal form provided at the end of the Regulations, but it is not mandatory.
5. To keep within the deadline for withdrawing from the contract, it is sufficient for the privileged User to send information regarding their exercise of the right to withdraw from the contract before the expiry of the deadline for withdrawing from the contract.

§ 7 PERSONAL DATA

1. The administrator of the personal data provided by the User in connection with the conclusion of the account management agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as recipients of the data, can be found in the privacy policy available in the Store – due to the principle of transparency contained in the General Regulation of the European Parliament and Council (EU) on data protection – "GDPR".
2. The purpose of processing the User's data is to manage the Account. The legal basis for processing personal data in this case is the account management agreement or actions taken at the request of the User aimed at concluding it (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider in processing data for the purpose of establishing, pursuing or defending possible claims (Article 6(1)(f) GDPR).
3. Providing data by the User is voluntary, but at the same time necessary for concluding an account management agreement and providing services covered by it. Failure to provide data means that the account management agreement cannot be concluded, and the Service Provider will not be able to provide services covered by it.
4. The User's data will be processed until:
5. The account management agreement ceases to be valid;
6. The possibility of pursuing claims by the User or Service Provider related to the Account ceases;
7. The User's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the legitimate interest of the Service Provider
8. – depending on what applies in a given case.
9. The User has the right to request:
10. access to their personal data,
11. rectification,
12. deletion,
13. restriction of processing,
14. transfer of data to another administrator
15. as well as the right:
16. to object at any time to the processing of their data for reasons related to their particular situation – to oppose the processing of their personal data based on Article 6(1)(f) GDPR (i.e., based on legitimate interests pursued by the Service Provider).
17. In order to exercise their rights, the User should contact the Service Provider.
18. If a User believes that their data is being processed unlawfully, they may file a complaint with the competent authority for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§8 CHANGE IN THE TERMS AND CONDITIONS OR ACCOUNT

1. The Service Provider reserves the right to change the Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions caused by:
2. a change in the functionality of the Account, requiring modification of the Terms and Conditions, or
3. a change in legal regulations affecting the performance of the agreement for maintaining an Account by the Service Provider or adapting services to recommendations, guidelines, orders or prohibitions, judgments, decisions, interpretations or decisions of authorized public authorities, or
4. a change in the contact or identification details of the Service Provider.
5. Information about the planned change to the Terms and Conditions will be sent to the email address associated with the Account at least one month before the changes come into effect.
6. If the User does not object to the planned changes until they come into effect, it is assumed that they accept them, which does not constitute any obstacle to terminating the agreement in the future.
7. In case of lack of acceptance for the planned changes, the User should send information about it to the email address of the Service Provider provided in § 2 of the Terms and Conditions, which will result in termination of the agreement for maintaining an Account upon entry into force of the planned changes.
8. The Service Provider may make a change to the Account that is not necessary to maintain its compliance with the agreement for maintaining an Account, for reasons specified in point 1(b) or due to a change in functionality of the Account. Introducing a change referred to in the previous sentence will not involve any costs for privileged Users. Provisions of points 2-4 apply accordingly.
9. If a change referred to in point 5 significantly and negatively affects privileged User's access to or use of the Account, the Service Provider will send information about its characteristics and date of implementation as well as rights related to this change to privileged User's email address in advance and on a durable medium.

§ 9 FINAL PROVISIONS

1. The User is prohibited from providing illegal content.
2. The contract for the maintenance of an Account is concluded in Polish.
3. The contract concluded on the basis of these Regulations is subject to Polish law, subject to paragraph 4.
4. The choice of Polish law for the contract concluded on the basis of the Regulations with a Consumer does not exclude or limit the rights of the Consumer granted to him under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law, that broader protection shall apply.
5. The regulations of the Store apply to orders placed in the Store using Points.
6. In the event of a dispute with a User who is not a privileged User, related to the contract for maintaining an Account, the competent court shall be the court competent for the seat of the Service Provider.
7. All liability of the Service Provider in connection with the contract for maintaining an Account towards a User who is not a privileged User, within the limits permitted by law, is excluded.

Appendix No. 1 to the Regulations

Below is a template for withdrawal from the contract, which a Consumer or privileged Entrepreneur may use but is not obliged to:

SAMPLE WITHDRAWAL FORM

(this form should only be filled out and sent back in case you want to withdraw from the contract)

PDWIZARDS Dobrochna Mańkowska

Rybickiego 4/U4, 81-340 Gdynia

email address: twoj@loneisland.pl

-I hereby inform you of my/our withdrawal from the contract for the provision of the following service(s) / for the delivery of digital content in the form of:

..............................................................................................................................................................................

• Date of conclusion of the contract

..............................................................................................................................................................................

• Name and surname of the Consumer(s) / privileged Entrepreneur(s):

..............................................................................................................................................................................

• Address of the Consumer(s) / privileged Entrepreneur(s):

..............................................................................................................................................................................

Signature of the Consumer(s) / privileged Entrepreneur(s)

(only if the form is sent in paper version)

Date ............................................(Please delete as necessary.)

Newsletter Regulations

in the LoneIsland store Your Lonely Island

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Service Provider

§ 3 Technical requirements

§ 4 Agreement

§ 5 Complaints

§ 6 Right of withdrawal from the Agreement

§ 7 Personal data

§ 8 Changes to the Regulations or Newsletter

§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – A User who is a natural person who has concluded an Agreement or is taking steps to conclude it, without a direct connection with their business or professional activity.

Newsletter – Messages regarding the Store, including information about offers, promotions, and new arrivals in the Store, provided free of charge to the User by the Service Provider as part of the Agreement, constituting digital content within the meaning of the Consumer Rights Act.

Privileged entrepreneur - A User who is a natural person concluding an Agreement (or taking steps to conclude it), directly related to their business activity, but not having a professional character for it.

Regulations – these regulations.

Store – The online store LoneIsland Your Lonely Island operated by the Service Provider at https://loneisland.pl.

Agreement – An agreement for the delivery of the Newsletter.

User – Any entity that has concluded an Agreement or is taking steps to conclude it.

Privileged User – A User who is a Consumer or a privileged entrepreneur.

Service Provider – DOBROCHNA MAŃKOWSKA, entrepreneur conducting business under the name PDWIZARDS Dobrochna Mańkowska, registered in the Central Register and Information on Business Activity kept by the minister responsible for economy and maintaining the Central Register and Information on Business Activity, NIP 5851400417, REGON number 220697440, Rybickiego 4/U4, 81-340 Gdynia.

Consumer Rights Act – Polish act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Rybickiego 4/U4, 81-340 Gdynia
2. Email address: twoj@loneisland.pl
3. Phone: +48732220153
4. The cost of telephone calls or data transmissions made by the User results from the basic tariff of the telecommunications operator or internet service provider used by the User. The Service Provider draws attention to the fact that the cost of international calls or international data transmissions may be higher than the cost of domestic calls or transmissions, depending on the tariff adopted by the telecommunications operator or internet service provider used by the User.

§ 3 TECHNICAL REQUIREMENTS

1. To use the digital content covered by the Regulations, the following is required:

• an active email account;
• a device with Internet access;
• a web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

1. The User can voluntarily subscribe to the Newsletter.
2. To receive the Newsletter, it is necessary to conclude an Agreement.
3. Emails sent as part of the Agreement will be directed to the email address provided by the User at the time of concluding the Agreement.
4. In order to conclude the Agreement, the User first provides their email address in the designated place in the Store where they want to receive messages sent as part of the Agreement. By subscribing to the Newsletter, an Agreement for an indefinite period of time is concluded, and the Service Provider will start providing it to the User - subject to paragraph 5.
5. In order to properly fulfill the Agreement, the User is obliged to provide their correct email address.
6. The Newsletter is delivered immediately after messages intended for Users are created by the Service Provider.
7. The emails sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
8. The User can unsubscribe from the Newsletter at any time without giving any reason and incurring any costs, using either option mentioned in the previous provision or by sending a message to the email address of the Service Provider provided in § 2 of these Regulations.
9. Using the link to unsubscribe from the Newsletter or sending a message requesting to unsubscribe from it will result in immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding digital content covered by the Regulations be submitted to the postal or electronic address indicated in § 2 of the Regulations.
2. The Service Provider will respond to complaints within 14 days from the receipt of the complaint submission.

II PRIVILEGED SERVICE RECIPIENTS

1. The Service Provider is liable to the privileged Service Recipient for the compliance of the performance with the Agreement, as provided for by generally applicable legal provisions, in particular by the provisions of the Consumer Rights Act.
2. In case of improper performance of the Agreement by the Service Provider, the privileged Service Recipient has the option to exercise rights regulated in Chapter 5b of the Consumer Rights Act.
3. If the Service Provider has not delivered the digital content covered by the Agreement, the privileged Service Recipient can request its delivery. If, despite this, the Service Provider does not deliver the digital content covered by the Agreement promptly or within an additional term clearly agreed upon by both the privileged Service Recipient and the Service Provider, the privileged Service Recipient may withdraw from the Agreement.
4. The privileged Service Recipient may withdraw from the Agreement without requesting delivery of the digital content covered by the Agreement if:

• It is clearly stated in a statement from the Service Provider or circumstances indicate that he will not deliver the digital content covered by the Agreement, or
• The privileged Service Recipient and the Service Provider have agreed or it is clear from the circumstances of concluding the Agreement that a specific delivery date for the digital content covered by the Agreement was of substantial importance to the privileged Service Recipient, and the Service Provider did not deliver it on that date.

1. The Service Provider is responsible for non-compliance of the Newsletter with the Agreement, which - due to the fact that it is delivered continuously - occurred or became apparent during a time when it was supposed to be delivered according to this Agreement.
2. If the digital content covered by the Regulations is not in accordance with the Agreement, the privileged Service Recipient may request its conformity with the Agreement.
3. In the case of non-compliance with the Agreement regarding the digital content covered by the Regulations, the privileged User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the lack of compliance with the Agreement results from the characteristics of the privileged User's digital environment.
4. Additionally, if the digital content covered by the Regulations is not in compliance with the Agreement, the privileged User may submit a declaration of withdrawal from the Agreement when:

• bringing these digital contents into compliance with the Agreement is impossible or requires excessive costs in accordance with Article 43m paragraphs 2 and 3 of the Consumer Rights Act;
• the Service Provider has not brought the digital contents covered by the Regulations into compliance with the Agreement within a reasonable time after being informed by the privileged User about their lack of compliance with the Agreement, and without undue inconvenience to the privileged User, taking into account their nature and purpose of use;
• there is still a lack of compliance with the Agreement regarding the digital contents covered by the Regulations, despite attempts by the Service Provider to bring them into compliance;
• the lack of compliance with the Agreement regarding the digital contents covered by the Regulations is significant enough to justify withdrawal from the Agreement without prior resorting to the protection measure specified in Article 43m of the Consumer Rights Act (i.e., requesting bringing the digital contents into compliance with the Agreement);
• it is clearly stated in a statement from the Service Provider or circumstances indicate that they will not bring the digital contents covered by the Regulations into compliance with the Agreement within a reasonable time or without undue inconvenience for the privileged User.

III OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS

1. The Service Provider informs the Consumer about the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or websites of entities authorized to handle disputes out of court. The Consumer can benefit from, among others:

• Assistance from the relevant European Consumer Centre from the network of European Consumer Centres. The centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of Consumer Centres for a specific country can be found at: https://konsument.gov.pl/eck-w-europie/
• The online platform Online Dispute Resolution (ODR), provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

1. In addition, in the territory of the Republic of Poland, you can benefit from the following forms of support:

• Mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which you should submit a request for mediation. In principle, the procedure is free of charge. A list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
• Assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which you should submit an application for consideration of your case before an arbitration court. In principle, the procedure is free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php

1. The previous provision is informative in nature and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods.
2. The use of out-of-court methods for handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
3. The Consumer can also benefit from free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The privileged User has the right to withdraw from the Contract concluded with the Service Provider within 14 days without providing any reason.
2. The time limit for withdrawing from the Contract expires after 14 days from the date of conclusion of this Contract.
3. In order for the privileged User to exercise the right of withdrawal from the Contract, they must inform the Service Provider, using the data provided in § 2 of the Regulations, of their decision to withdraw from the Contract by means of a clear statement (for example, a letter sent by post or electronically).
4. The privileged User may use the sample withdrawal form provided at the end of the Regulations, but it is not mandatory.
5. To meet the deadline for withdrawing from the Contract, it is sufficient for the privileged User to send information regarding the exercise of their right of withdrawal from the Contract before the expiry of the deadline for withdrawal from the Contract.

§ 7 PERSONAL DATA

1. The administrator of personal data provided by the User in connection with the Contract is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider - including other purposes and legal bases for data processing, as well as recipients of data, can be found in the privacy policy available in the Store - due to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and Council (EU) - "GDPR".
2. The purpose of processing the User's data is:

• performance of the Agreement; the basis for processing personal data in this case is the Agreement or actions taken at the request of the User aimed at concluding it (Article 6(1)(b) of the GDPR);
• analysis of the effectiveness of messages sent under the Agreement, in order to establish general principles regarding effective sending in the activities of the Service Provider; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR);
• establishment, assertion or defense of possible claims related to the Agreement; the basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) of the GDPR).

1. Providing data by the User is voluntary, but at the same time necessary for concluding the Agreement and providing the digital content covered by it. Failure to provide data will result in the inability to conclude the Agreement, and the Service Provider will not provide the digital content covered by it.
2. The User's data will be processed until:
3. The Agreement ceases to be valid;
4. The possibility of asserting claims by the User or Service Provider related to the Agreement ceases;
5. The User's objection to the processing of their personal data is accepted – in cases where the basis for processing was the legitimate interest of the Service Provider
6. – depending on what applies in a given case.
7. The User has the right to request:
8. access to their personal data,
9. rectification,
10. deletion,
11. restriction of processing,
12. transfer of data to another administrator
13. as well as the right:
14. to object at any time to the processing of data for reasons related to their particular situation – regarding their personal data based on Article 6(1)(f) of GDPR (i.e., based on legitimate interests pursued by the Service Provider).
15. In order to exercise their rights, the User should contact the Service Provider.
16. If the User believes that their data is being processed unlawfully, they can file a complaint with the competent authority for personal data protection. In Poland, it is the President of the Office for Personal Data Protection.

§ 8 CHANGE IN THE TERMS AND CONDITIONS OR NEWSLETTER

1. The Service Provider reserves the right to change the Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions due to:
2. a change in the functionality of the Newsletter, requiring modification of the Terms and Conditions, or
3. a change in legal regulations that affects the performance of the Agreement by the Service Provider or adaptation of services to recommendations, guidelines, orders or prohibitions, rulings, provisions, interpretations or decisions of competent public authorities, or
4. a change in the contact or identification details of the Service Provider.
5. Information about the planned change to the Terms and Conditions will be sent to the email address provided by the User at the time of concluding the Agreement at least 7 days before the changes come into effect.
6. If the User does not object to the planned changes until they come into effect, it is assumed that they accept them, which does not hinder terminating the Agreement in the future.
7. In case of lack of acceptance for the planned changes, the User should send information about it to the email address of the Service Provider provided in § 2 of the Terms and Conditions, which will result in termination of the Agreement upon entry into force of the planned changes.
8. The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement, for reasons indicated in point 1(b) or due to a change in functionality of the Newsletter. The introduction of a change mentioned in the previous sentence will not incur any costs for privileged Users. Provisions of points 2-4 apply accordingly.
9. If a change referred to in the previous provision significantly and negatively affects privileged Users' access to or use of the Newsletter, the Service Provider will send an email to privileged Users with appropriate advance notice, on a durable medium, information about the characteristics and date of this change and rights associated with this change.

§ 9 FINAL PROVISIONS

1. The User is prohibited from providing unlawful content.
2. The agreement is concluded in Polish.
3. The agreement concluded on the basis of these Terms and Conditions is subject to Polish law, subject to paragraph 4.
4. The choice of Polish law for the agreement concluded on the basis of the Terms and Conditions with a Consumer does not limit or restrict the rights of the Consumer granted to them under mandatory provisions of law applicable to that Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, that broader protection applies.
5. In the event of a dispute with a User who is not a privileged User related to the Agreement, the competent court shall be the court having jurisdiction over the registered office of the Service Provider.
6. All liability of the Service Provider in connection with the Agreement towards a User who is not a privileged User, within the limits permitted by law, is excluded.

Attachment No. 1 to the Regulations

Below is a sample withdrawal form, which a Consumer or privileged Entrepreneur may use, but is not obliged to:

FORM OF WITHDRAWAL FROM THE CONTRACT

(this form should only be filled out and sent back in case of the desire to withdraw from the contract)

PDWIZARDS Dobrochna Mańkowska

Rybickiego 4/U4, 81-340 Gdynia

email address: twoj@loneisland.pl

- I/We(*) ..................................................................... hereby inform/inform us(*) of my/our withdrawal from the contract for the provision of the following service(*) / for the delivery of digital content in the form of(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of conclusion of the contract

(*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Entrepreneur(s) entitled to preferential treatment:

..............................................................................................................................................................................

- Address of the Consumer(s) / Entrepreneur(s) entitled to preferential treatment:

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................

Signature of the Consumer(s) / Entrepreneur(s) entitled to preferential treatment

(only if the form is sent in paper version)

Date ............................................(*) Delete as appropriate.