Terms of Service

Last updated: October 21, 2025

1. Introduction and Acceptance

Welcome to dariasikora.pl (the "Website"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Daria Sikora ("we", "us", or "our") governing your use of our Website and the purchase of our handmade primitive dolls and related products.

By accessing or using our Website, creating an account, or making a purchase, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website.

Business Information:

Daria Sikora

Stefana Starzyńskiego 2/83

35-508 Rzeszów, Podkarpackie, Poland

NIP (Tax ID): 8131627011

Email: dariasikora@yahoo.pl

Phone: +48 501 083 574

2. Eligibility

You must be at least 18 years old to create an account and make purchases on our Website. If you are under 18, you may only use our Website with the involvement and consent of a parent or legal guardian.

By using our Website, you represent and warrant that you have the legal capacity to enter into this agreement and comply with these Terms.

3. Account Registration and Security

3.1 Account Creation

To make purchases and access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

3.3 Account Termination

You may delete your account at any time through your account settings. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Products and Pricing

4.1 Product Descriptions

All products sold on our Website are handmade primitive dolls and related items. We strive to provide accurate product descriptions and images. However:

  • As each doll is handcrafted, slight variations in appearance may occur
  • Colors may vary slightly due to monitor settings and photography
  • Product dimensions and materials are described to the best of our ability

4.2 Pricing

All prices are listed in the currency displayed on the Website and include applicable taxes (VAT) where required. We reserve the right to:

  • Change prices at any time without prior notice
  • Correct pricing errors, even after an order has been placed (with notification to you)
  • Offer promotional discounts or special pricing at our discretion

4.3 Product Availability

Products are subject to availability. We cannot guarantee that all items displayed on the Website are in stock. If a product becomes unavailable after you place an order, we will notify you and offer a refund or alternative product.

5. Orders and Purchase Process

5.1 Placing an Order

When you place an order:

  1. You submit an offer to purchase the products in your cart
  2. We send you an order confirmation email (this does not constitute acceptance of your order)
  3. A binding contract is formed when we ship your order or send a shipping confirmation

5.2 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product unavailability
  • Pricing or product description errors
  • Suspected fraudulent or unauthorized transactions
  • Inability to verify customer information
  • Restrictions on quantities available for purchase

5.3 Order Modifications and Cancellations

You may modify or cancel your order before it has been shipped by contacting us at dariasikora@yahoo.pl. Once an order has been shipped, it cannot be modified or cancelled, but it may be eligible for return according to our Returns Policy.

6. Payment Terms

6.1 Payment Processing

We use Stripe as our payment processor. When you make a purchase:

  • You will be redirected to Stripe Checkout to complete your payment securely
  • We do not store your full payment card details on our servers
  • Payment information is processed in accordance with PCI DSS standards
  • Stripe's terms of service and privacy policy also apply to your payment

6.2 Accepted Payment Methods

We accept major credit cards, debit cards, and other payment methods supported by Stripe Checkout in your region.

6.3 Payment Authorization

By providing payment information, you represent and warrant that:

  • You are authorized to use the payment method provided
  • You have sufficient funds or credit to complete the purchase
  • All payment information you provide is accurate and complete

6.4 Payment Failures

If payment fails or is declined, we will notify you and your order will not be processed. You are responsible for ensuring payment is successful.

6.5 Taxes

You are responsible for any applicable sales tax, VAT, customs duties, or other taxes or fees required by law. Prices displayed on our Website may or may not include applicable taxes depending on your location.

7. Shipping and Delivery

7.1 Shipping Locations

We currently ship to the following markets:

  • European Union (EU) member states
  • United States of America
  • United Kingdom
  • Canada

Shipping costs and estimated delivery times will be displayed at checkout before you complete your purchase.

7.2 Processing Time

As our products are handmade, processing time may vary. We will provide an estimated processing and shipping time for each product. Custom or made-to-order items may require additional time.

7.3 Shipping Carriers and Tracking

We use reputable shipping carriers to deliver your orders. Once your order ships, you will receive a tracking number via email so you can monitor your shipment's progress.

7.4 Delivery

You are responsible for providing an accurate shipping address. We are not liable for:

  • Delays caused by incorrect addresses or undeliverable packages
  • Customs delays for international shipments
  • Carrier delays beyond our control (weather, strikes, etc.)
  • Lost or stolen packages after confirmed delivery to the address provided

7.5 International Shipping

For international orders (outside the EU):

  • You may be subject to import duties, customs fees, or taxes imposed by your country
  • These additional charges are your responsibility and are not included in our pricing
  • We cannot predict or control these charges
  • Delivery times may be affected by customs clearance procedures

7.6 Risk of Loss

Risk of loss and title for products purchased from us pass to you upon delivery to the carrier.

8. Returns, Refunds, and Cancellations

Our detailed Returns and Refunds Policy can be found on our dedicated Returns & Refunds page.

Key points include:

  • EU Consumers: 14-day withdrawal right under EU Consumer Rights Directive
  • UK Consumers: 14-day cooling-off period under Consumer Contracts Regulations
  • Defective Products: Eligible for replacement or refund
  • Custom/Personalized Items: Generally not eligible for return unless defective
  • Return Shipping: Customer responsibility unless product is defective

Please review our complete Returns & Refunds Policy for full details and instructions on how to initiate a return.

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content on this Website, including but not limited to:

  • Text, images, photographs, graphics, videos, and designs
  • Product designs and doll patterns
  • Logos, trademarks, and brand elements
  • Website code, software, and functionality

is the exclusive property of Daria Sikora or our licensors and is protected by international copyright, trademark, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for personal, non-commercial purposes. You may not:

  • Copy, reproduce, or duplicate our products or designs
  • Modify, distribute, transmit, display, or create derivative works from our content
  • Use our content for commercial purposes without written permission
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Frame or mirror any part of our Website without authorization

9.3 User-Generated Content

If you submit reviews, comments, photos, or other content to our Website, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for marketing and promotional purposes.

10. Prohibited Uses

You agree not to use our Website for any unlawful purpose or in any way that could damage, disable, or impair our services. Prohibited activities include:

  • Violating any applicable laws or regulations
  • Engaging in fraudulent activity or using stolen payment information
  • Attempting to gain unauthorized access to our systems or other users' accounts
  • Transmitting viruses, malware, or other harmful code
  • Interfering with the proper functioning of the Website
  • Scraping, data mining, or harvesting data from our Website
  • Impersonating another person or entity
  • Harassing, threatening, or abusing our staff or other users
  • Reselling our products without authorization

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties that the Website will be uninterrupted, secure, or error-free

Note: Nothing in these Terms affects your statutory rights as a consumer under applicable consumer protection laws (including EU Consumer Rights Directive, UK Consumer Rights Act, or similar laws).

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARIA SIKORA SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from unauthorized access to or alteration of your data
  • Damages resulting from reliance on any information obtained through the Website
  • Damages caused by third-party services (Stripe, shipping carriers, etc.)

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

Important: Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Daria Sikora, our affiliates, and our respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights, including intellectual property rights
  • Your use or misuse of our Website or products
  • Any content you submit to our Website

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

14.2 Jurisdiction

Subject to mandatory consumer protection laws in your jurisdiction:

  • Any disputes arising from these Terms or your use of our Website shall be subject to the exclusive jurisdiction of the courts of Rzeszów, Poland.
  • However, if you are a consumer in the EU, UK, or another jurisdiction with mandatory consumer protection laws, you may also bring proceedings in the courts of your country of residence.

14.3 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under mandatory consumer protection laws, including:

  • EU: EU Consumer Rights Directive, applicable consumer protection regulations
  • UK: Consumer Rights Act 2015, Consumer Contracts Regulations 2013
  • USA: State consumer protection laws, FTC regulations
  • Canada: Consumer protection legislation in your province

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, we encourage you to contact us at dariasikora@yahoo.pl to try to resolve the issue informally. We are committed to addressing your concerns in good faith.

15.2 EU Online Dispute Resolution

If you are an EU consumer, you may use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes: https://ec.europa.eu/consumers/odr

15.3 Alternative Dispute Resolution

We are willing to participate in alternative dispute resolution procedures, including mediation, where appropriate and available under applicable law.

16. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms if such failure is caused by circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, pandemics, or epidemics
  • War, terrorism, civil unrest, or government actions
  • Labor disputes, strikes, or lockouts
  • Failure of third-party services (hosting, payment processing, shipping)
  • Internet or telecommunications failures

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Returns & Refunds Policy, constitute the entire agreement between you and Daria Sikora regarding your use of our Website and supersede all prior agreements and understandings.

19. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms or our rights hereunder at any time without restriction.

21. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last updated" date at the top of this page
  • For material changes, we may notify you via email or through a notice on our Website
  • Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms
  • If you do not agree to the modified Terms, you must stop using our Website

We encourage you to review these Terms periodically to stay informed of any updates.

22. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

Daria Sikora

Stefana Starzyńskiego 2/83

35-508 Rzeszów, Podkarpackie, Poland

NIP (Tax ID): 8131627011

Email: dariasikora@yahoo.pl

Phone: +48 501 083 574

Website: dariasikora.pl

23. Acknowledgment

BY USING OUR WEBSITE, CREATING AN ACCOUNT, OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.