Terms of service

OVERVIEW
Welcome to the Bajka O Mnie shop. The terms “we”, “us”, and “our” refer to the Bajka O Mnie shop. The Bajka O Mnie shop operates this shop and website, including all related information, content, features, tools, products, and services, in order to provide you with a customised shopping experience (the “Services”). The Bajka O Mnie shop is powered by Shopify technology, which enables us to offer the Services to the User.

The following terms, together with the policies referenced herein (the “Terms of Service” or the “Terms”), set out your rights and obligations in connection with your use of the Services.

Please read these Terms of Service carefully, as they may contain important information about your rights and may relate to areas such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age under the laws of the state or region in which you reside, and that you consent to any minors who are your dependants using the Services on devices that you own, manage, or have purchased.
In order to use the Services, including accessing or browsing our online shops or purchasing any products or services we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided to our shops is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not assign, sell, transfer, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We have made every effort to display our products and services accurately in our online shops. However, please note that the colours and appearance of products may vary from how they appear on your device’s screen, depending on the type of device you use to access the shop and your device’s settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or will match the presentation shown in our online shops.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to withdraw any product at any time and may limit the quantities of any products we offer to any person, in any geographical region or country, as applicable.

SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Bajka O Mnie reserves the right to accept or reject your order for any reason and at its sole discretion. Your order will not be accepted until the Bajka O Mnie shop confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as the Bajka O Mnie shop may not be able to process cancellation requests once an order has been accepted. If an order is rejected, changed, or cancelled, we will notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Return Policy.
You represent and warrant that you are purchasing products solely for personal use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed. It will be stated in the order confirmation email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, customs duties, or import charges.
Prices shown in our online shops may differ from those offered in physical shops or online or other shops operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and that are subject to terms other than these Terms. In the event of any conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and their expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are properly authorised to use the credit card for purchases; (iii) the charges incurred will be honoured by your credit card provider; and (iv) you will pay all charges incurred at the prices in effect, including shipping and handling charges and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once the products are handed over to the carrier, title to and the risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, and their design, selection, and arrangement, are the property of the Bajka O Mnie shop, its affiliates, or its licensors and are protected by United States and international laws on patents, copyright, and other intellectual property rights.
These Terms permit you to use the Services for personal and non-commercial purposes only. You must not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material relating to the Services without prior written consent. Unless these Terms expressly state otherwise, nothing in these Terms grants, or should be construed as granting, you any licence or other rights under any patent, trademark, copyright, or other intellectual property rights of the Bajka O Mnie shop, Shopify, or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted under these Terms are reserved by the Bajka O Mnie shop.
The Bajka O Mnie shop name, logo, product and service names, designs, slogans, and store name are trademarks of the Bajka O Mnie shop or its affiliates or licensors. You must not use such trademarks without the prior written consent of the Bajka O Mnie shop. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans relating to the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS
We may provide you with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools “as is” and subject to their availability, and without any warranties, representations, conditions, or endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through our Services (including new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you access. If you choose to leave our Services to access these third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, materials, or content available on third-party websites. Please carefully review the policies and practices of third parties before entering into any transaction. Complaints, claims, concerns, and questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your shop and must not be removed or modified.]
The Bajka O Mnie shop is powered by Shopify technology. This enables us to offer you our Services. However, all sales and purchases made in our Shop are carried out directly by the Bajka O Mnie shop. By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sale between you and the Bajka O Mnie shop, including any injury, damage, or loss suffered as a result of purchasing products or services.
You hereby expressly release Shopify and Shopify’s affiliates from any liability for any claims, damages, and obligations arising from or related to purchases and transactions made in the Bajka O Mnie shop.

SECTION 10 — PRIVACY POLICY
Any personal data that we collect through the Services is subject to our Privacy Policy, and certain personal data may also be subject to Shopify’s Privacy Policy, which can be accessed here. By using the Services, you acknowledge that you have read these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services will be transferred to and shared with Shopify, as well as with third parties that may be located in countries other than your country of residence, for the purpose of providing services to you.
Please review the Privacy Policy for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 — FEEDBACK
If you submit, send, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free licence, with the right to sublicense, to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, improve, and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) any compensation or incentives received in connection with providing Feedback have been disclosed by you; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obliged to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You acknowledge that your Feedback does not infringe any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. You further acknowledge that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You must not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time if any information is inaccurate, without prior notice (including after an order has been submitted).

SECTION 13 — PROHIBITED USE
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) in violation of any international, federal, local, or state laws, rules, regulations, or ordinances;
(c) in violation of our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to submit false or misleading information;
(f) to upload, knowingly receive, transmit, download, use, or reuse any material that does not comply with these Terms;
(g) to send, or procure the sending of, any advertising or promotional material, including unsolicited correspondence, “chain letters”, “spam”, or any other similar solicitation;
(h) to impersonate or attempt to impersonate any person or entity;
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Bajka O Mnie shop, Shopify, or users of the Services, or expose them to liability.
In addition, you agree:
(a) not to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
(b) not to copy, duplicate, reproduce, sell, resell, or exploit any portion of the Services;
(c) not to collect or track the personal information of others;
(d) not to spam, phish, pharm, pretext, spider, crawl, or scrape;
(e) not to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any provision of these Terms.

SECTION 14 — TERMINATION
We may terminate this agreement or block your access to the Services (or any part of them) at our sole discretion and at any time without notice, and you will remain responsible for all amounts due up to and including the date of such termination.
The following sections shall survive such termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or by visitors to the Services, or by anyone to whom such materials may be made available in whole or in part.
UNLESS THE BAJKA O MNIE SHOP EXPRESSLY STATES OTHERWISE, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES IS NOT PERMITTED, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE BAJKA O MNIE SHOP, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THE SHOPIFY PLATFORM AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Bajka O Mnie shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees, due to any third party arising out of or related to:
(1) your breach of these Terms of Service or the documents incorporated into them by reference;
(2) your violation of any law or the rights of a third party; or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that a failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may assume control of the defence and settlement of such a claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations without your consent (which must not be unreasonably withheld). You agree to cooperate with us in the defence of such claims, including by providing relevant documents.

SECTION 18 — SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide the Services to you shall be governed by and construed in accordance with the federal and state or local laws of the country in which the Bajka O Mnie shop is based. You and the Bajka O Mnie shop agree to submit to the jurisdiction of such courts.

SECTION 22 — HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in that notice. Your continued use of the Services after such changes are posted constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at: support@bajkaomnie.pl.
Our contact details are set out below:
Bajka O Mnie

Wojciech Jaszczak
Kuczków 19, 99-300 Kutno
Poland

Email: support@bajkaomnie.pl
Tel: +48 693 463 841
REGON: 363032711
NIP (VAT ID): PL9691603940

SECTION 25 — REFUND POLICY

Refunds and Complaints

No Standard Right of Return
The products we offer are made to individual order (personalised). Due to their unique nature and the fact that they are tailored to the Customer’s specific requirements, we do not accept returns of these products under the standard 30-day return period.

Cancellation Before Production Begins
If you wish to cancel your order, please contact us immediately after placing the order, before production begins. If the design and/or production work has not yet started, we may be able to accept the cancellation. Otherwise, cancellation will not be possible.

Exceptions Under EU Law
In accordance with European Union distance-selling regulations (the so-called 14-day right of withdrawal), this right does not apply to goods made to individual order or clearly personalised. This means that personalised products are not subject to the standard right of return without giving a reason.

Complaints Regarding Defective or Damaged Goods

• If you discover a manufacturing defect, damage that occurred during delivery, or if you receive a product different from the one you ordered, please contact us immediately at: support@bajkaomnie.pl.
• After receiving your complaint, we will carry out a verification and inform you of the next steps (for example, whether the product needs to be returned to a specified address or whether the defect should be documented with photographs).
• If the complaint is accepted, we will offer a repair, a replacement, or – in exceptional cases – a refund (in accordance with applicable regulations).