1 Preliminary clauses
- The e-shop Mjukinuuki, accessible under www.sklep-mjukinuuki.pl, is operated by the company Mjukinuuki Marta Kamińska Magdalena Kozarska spółka cywilna, Tax Identification Number NIP 5223136041, Business Registry Number REGON 381285697.
- These Rules apply to both the Consumers and Business Operators who use the Shop, and define the principles of such use as well as the principles and procedures of concluding Distance Sales Contracts with Customers via the Shop.
- Consumer – a natural person who concludes a contract with the Seller within the Shop, where such contract is not related directly to the person’s business or professional activity.
- Seller – natural person who pursues business activity under the name Mjukinuuki Marta Kamińska Magdalena Kozarska spółka cywilna, Tax Identification Number NIP 5223136041, Business Registry Number REGON 381285697.
- Customer – any entity purchasing products from the Shop.
- Business Operator – a natural or legal person, or an organizational unit lacking legal personality, with legal capacity awarded under separate provisions, who pursues business activity in its own name and who uses the Shop.
- Shop – the e-shop operated by the Seller at www.sklep-mjukinuuki.pl
- Distance Contract – a contract concluded with the Customer within an organized distance contracting system (within the Shop), without simultaneous physical presence of parties, with exclusive utilization of one or more means of distance communication until the moment of conclusion of the contract (inclusive).
- Rules – these Shop Rules.
- Order – the Customer’s statement of will, made via the Order Form and aiming directly at conclusion of the Contract for Sale of Product or Products with the Seller.
- Account – the Customer’s account in the Shop, where data provided by the Customer and information about the Customer’s Orders placed with the Shop are stored.
- Registration Form – a form accessible within the Shop for the purpose of creation of the Account.
- Order Form – an interactive form accessible in the Shop for the purpose of order placement, in particular by adding Products to the Cart and specifying the terms of the Sales Contract, delivery and payment included.
- Cart – element of the Shop’s software showing Product selected by the Customer to be purchased, with an option of stating and modification of Order data, quantities of products included.
- Product – movable good/service offered by the Shop and constituting the subject of the Sales Contract between the Customer and the Seller.
- Sales Contract – contract for the sale of Product concluded between the Customer and the Seller via the online Shop. The Sales Contract also means – according to Product features – a service contract and contract for specific work.
3 Shop contact data
- Seller’s address: 00-355 Warszawa, ul. Powstańców Śląskich 63.
- Seller’s e-mail address: email@example.com
- Seller’s telephone number: +48725335305 or +48 501694668.
- Seller’s fax number: n/a
- Seller’s bank account number: 94 1140 2004 0000 3502 7854 3238.
- The Customer may contact the Seller using the addresses and telephone numbers stated in this section.
- The Customer may contact the Seller over the phone from 9 am to 7 pm.
4 General information
- Information provided on the Shop’s pages are not an offer within the meaning of the law.
- Placing an order, the Customer offers to buy a specific product on terms stated in product description.
- To use the Shop, which includes browsing the product range and placement of orders for Products, the following is required:
- end terminal with Internet access and a browser: Internet Explorer, Superbird, Google Chrome, Safari, Opera, Mozilla Firefox, Torch Browser, Vivaldi, Avant Browser, Maxthon Cloud Browser,
- an active e-mail account,
- cookies enabled,
- FlashPlayer installed.
- To the broadest extent permitted by law, the Seller is not liable for any disturbances, including disruptions, of the Shop’s functioning resulting from force majeure, unauthorized third party activities or incompatibility of the e-Shop with the Customer’s technical infrastructure.
- To browse the Shop’s product range, no Account needs to be created. To order Products from the Shop’s offer, the Customer should either create an Account according to § 6 of the Rules, or provide the required personal and address data for fulfillment of the Order without creating an Account.
- The prices stated in the Shop are gross prices (VAT included) in PLN.
- The final amount due from the Customer includes the price for the Product plus delivery cost (transport, delivery and postal fees), of which the Customer is informed on the Shop’s pages within Order placement and also when making the statement of will to be bound by the Sales Contract.
- If the Contract covers subscription or services provided indefinitely, the final price is the total of all payments for the settlement period.
- If, due to the nature of the Contract subject, the final price cannot reasonably be calculated in advance, information about the price calculation procedure and about the transport, delivery and postal fees as well as other costs will be provided in the Shop within Product description.
5 Creating an Account in the Shop
- To create an Account, the Registration Form must be completed. The following data are required: first name and surname, address of residence, address of delivery, telephone number, e-mail address.
- The Account is created free of charge.
- To sign in to the Account, the user’s login and password set in the Registration Form must be entered.
- The Customer may at any time, without stating the reasons and without any payment whatsoever, remove the Account by approaching the Seller with a request to that effect, specifically by e-mail or in writing to the addresses provided in § 3.
7 Order placement rules
To place an Order, the Customer should:
- sign in to the Shop (optionally),
- select the Product to be ordered, and then click the “Add to Cart” (or equivalent) button,
- sign in or use the option of Order without registration,
- if the Order without registration option has been chosen - complete the Order Form stating the recipient’s data and delivery address, the selected shipment type (method of Product delivery), and invoice data if different from those of the Order recipient,
- click the “Order Now” button / click the “Order Now” button and confirm the order by clicking the link sent by e-mail,
- select one of the available payment options and depending on the option selected, pay for the order by a specified deadline, subject to § 8 point 3.
8 Delivery and payment methods offered
- The Customer may choose from among the following methods of delivery or pickup of the Product ordered:
- Parcel, parcel COD,
- Courier, courier COD,
- Pickup at the address: 01-355 Warszawa, ul. Powstańców Śląskich 63, service outlet No. 5
- The Customer may choose from among the following methods of payment:
- Payment upon pickup
- Payment on delivery
- Ban transfer to the Seller’s account
- Electronic payment – available soon
- Card payment.
- Detailed information about the methods of delivery and accepted payment methods can be found on the Shop’s pages.
9 Performance of the Sales Contract
- The Sales Contract between the Customer and the Seller is concluded upon placement of an Order by the Client via the Order Form in the online Shop pursuant to § 7 of the Rules.
- Promptly after Order placement, the Seller confirms its receipt and at the same time accepts such Order for fulfillment. The confirmation of receipt of the Order and its acceptance for fulfillment is done through the Seller’s sending a message to that effect to the Customer’s e-mail address provided when placing the Order; the message should contain at least the Seller’s confirmation of receipt of the Order and its acceptance for fulfillment, as well as confirmation of conclusion of the Sales Contract. Upon receipt by the Customer of the above e-mail message, the Sales Contract between the Customer and the Seller is concluded.
- If the Customer has chosen:
- payment by bank transfer, electronic payment or card payment, the Customer is obliged to make such payment within 5 calendar days of the date of conclusion of the Sales Contract, as otherwise the order will be cancelled.
- COD payment on delivery, the Customer is obliged to make such payment on delivery of the parcel.
- cash payment on pickup, the Customer is obliged to make such payment on pickup of the parcel within 5 days of receipt of information that the parcel is ready to be picked up.
- If the Customer chooses any method of delivery other than pickup, the Seller dispatches the Product within the time limit stated in Product description (subject to clause 5 of this section), in a manner chosen by the Customer when placing the Order.
- If Products with different delivery times are ordered, the time limit for delivery is the longest delivery time.
- The first day of the time limit for Product delivery to the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payment or card payment – the day when the Seller’s bank account is credited with the amount of payment.
- If the Customer chooses payment on delivery – the date of conclusion of the Sales Contract.
- If the Customer chooses Product pickup, the Product will be ready to be picked up within the time limit stated in Product description. The Seller informs the Customer additionally about Product’s availability for pickup in a message to that effect sent to the Customer’s e-mail address stated in the Order.
- If Products with different time limits for pickup are ordered, the Customer may pick such Products up either one by one as they become available or together upon completion of the entire Order.
- The first day of the time limit for Product availability for pickup by the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payment or card payment – the day when the Seller’s bank account is credited with the amount of payment.
- If the Customer chooses cash payment on pickup – the date of conclusion of the Sales Contract.
- Products are delivered to locations in Poland/European Union/Europe etc.
- Products are delivered to the Customer for a fee unless the Sales Contract provides otherwise. The Customer is informed about Product delivery costs (transport, delivery and postal fees included) on pages of the online Shop under the “Delivery Costs” tab and during Order placement, including also the moment of statement by the Customer or the will to be bound by the Sales Contract.
- Product pickup by the Customer is free of charge.
10 Right of withdrawal from the Contract
- The Consumer may withdraw from the Sales Contract within 14 days for convenience.
- The period referred to in clause 1 starts on the day of delivery of the Product to the Consumer or to another person indicated by the Consumer and other than the carrier.
- In the case of a Contract pertaining to multiple Products delivered separately, by batches or partly, the period referred to in clause 1 starts on the day of delivery of the last item, batch or part.
- In the case of a Contract for regular delivery of Products for a specified time (subscription), the period referred to in clause 1 starts on the day when the Consumer comes into possession of the first item.
- The Consumer may withdraw from the Contract submitting a statement to that effect to the Seller. For the time limit for withdrawal from the Contract to be kept, it is sufficient that the Consumer sends the statement before expiry of that time limit.
- The statement may be sent by traditional mail, electronically to the Seller’s e-mail address, or on the Seller’s website – the Seller’s contact data have been provided in § 3. The statement may also be made in the form a template of which is attached to these Rules and to the Act of 30 May 2014 on consumer rights; this form, however, is not obligatory.
- If the Consumer sends the statement by e-mail, the Seller promptly confirms receipt of the statement on withdrawal from the Contract in a message sent to the e-mail address provided by the Consumer.
- Effects of withdrawal from the Contract:
- In the case of withdrawal from a distance Contract, the Contract is deemed not to have been concluded.
- In the case of withdrawal from the Contract, the Seller repays to the Consumer without delay, no later than within 14 days of the date of receipt of the Consumer’s withdrawal notice, all payments made by that Consumer, costs of delivery included, except any additional costs resulting from the Consumer’s choice of any method of delivery other than the ordinary cheapest option offered by the Seller.
- Payments are refunded by the Seller with the use of the same methods of payment that have been used by the Consumer within the original transaction, unless the Consumer explicitly agrees to another solution involving no costs for that Consumer.
- The Seller may suspend the refund of payments until return of the Product or receipt of the proof of such return, whichever takes place earlier.
- The Consumer should send the Product to the Seller’s address stated in these Rules without delay but no later than within 14 days of the date when the Consumer informs the Seller about withdrawal from the Contract. The above time limit will be deemed to have been kept if the Consumer sends the Product back before expiry of the 14 days’ time limit.
- The Consumer bears the direct cost of return of the Product, also the cost of return of any Product that cannot be sent back as a postal parcel due to its specific properties.
- The Consumer is only responsible for decrease of the Product’s value resulting from its use other than necessary to become acquainted with such Product’s nature, features and functioning.
- If due to its nature, the Product cannot be sent back as a standard parcel, information to that effect can be found in the Shop within description of such Product, together with the relevant Product return costs.
- The Consumer is not entitled to withdraw from a distance contract in the case of a Contract:
- pertaining to a non-prefabricated item manufactured according to the Consumer’s specification or customized to serve that Consumer’s individual needs,
- pertaining to an item delivered in a sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after Product delivery,
- pertaining to a perishable item or an item with a short shelf life,
- for services, if the Seller has performed the service wholly with explicit consent of the Consumer who was informed before commencement of the service that once the Seller completes the service, the Consumer loses the right to withdraw from the Contract,
- where the price or consideration depends on fluctuations on a financial market beyond the Seller’s control, occurring before expiration of the time limit for withdrawal from the Contract,
- pertaining to items which, due to their nature, become inseparably connected to other items following their delivery,
- pertaining to alcoholic beverages the price of which was agreed at conclusion of the Sales Contract, but which may only be delivered after 30 days and their value depends on fluctuations on a market beyond the Seller’s control,
- pertaining to sound or picture recordings or computer software delivered in a sealed packaging, if such packaging is opened after delivery,
- for delivery of daily papers, periodicals or journals, except subscription contract,
- for delivery of digital content not recorded on a material medium, if performance of the Contract started with the Consumer’s explicit consent before expiry of the time limit for withdrawal from the Contract and the Seller informed the Consumer about the loss of right of such withdrawal.
11 Complaints and guarantee
- The Sales Contract pertains to new Products.
- The Seller is obliged to deliver a defect-free item to the Customer.
- In the case of any defect of the product purchased from the Seller, the Customer is entitled to file a complaint under warranty provisions of the Civil Code.
- The complaint should be filed in writing or electronically to the Seller’s addresses stated in these Rules, or in an electronic complaint form that is made available by the Seller on one of the Shop’s subsites.
- It is recommended that the complaint should include, among other things, a brief description of the defect, the circumstances (and date) of its occurrence, the complaining Customer’s data, and the request related to the defect.
- The Seller responds to the complaint without delay, but no later than within 14 days; if the Seller fails to do so, it is deemed to have accepted the Customer’s request as justified.
- Products returned within the complaint procedure should be sent to the address indicated in § 3 of these Rules.
- If a guarantee is granted for the Product, information to that effect together with the content of such guarantee is contained in the Product description in the Shop.
12 Out-of-court procedures of complaint processing and claiming damages
- Detailed information about possibilities, available to the Consumer, of using the out-of-court procedures for complaint processing and claiming damages, as well as the principles of access to such procedures, is available at the offices and on the websites of district (municipal) consumer advocates, social organizations protecting consumers within their statutory activities, Provincial Inspectorates of the Trade Inspection, and under the following addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- For example, the Consumer has the following possibilities of using the out-of-court procedures of complaint processing and claiming damages:
- The Consumer may apply to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014 item 148 as amended) for settlement of a dispute arising from a Contract concluded with the Seller.
- The Consumer may apply to the provincial inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014 item 148 as amended) for institution of mediation proceedings for amicable settlement of a dispute between the Consumer and the Seller.
- The Consumer may acquire free assistance in the settlement of a dispute between that Consumer and the Seller, offered by district (municipal) consumer advocates or social organizations protecting consumers within their statutory activities (such as e.g. Federacja Konsumentów, Stowarzyszenie Konsmentów Polskich).
13 Personal data in the online Shop
- The controller of the Customers’ personal data collected via the online Shop is the Seller.
- The Customers’ personal data are collected by the data controller via the online Shop for the purpose of performance of Sales Contracts, and with the Customer’s consent – also for marketing purposes.
- The recipients of personal data of Customers of the online Shop may be as follows:
- In the case of a Customer who chooses postal parcel or courier delivery in the online Shop, the Data Controller releases the collected personal data of such Customer to the selected carrier or agent providing transport services ordered by the Data Controller.
- In the case of a Customer who chooses electronic or card payment in the online Shop, the Data Controller releases the collected personal data of such Customer to the selected entity providing payment services with respect to such payments made in the online Shop.
- The Customer has the right to access and correct the content of his/her personal data.
- Personal data are provided on voluntary basis, but refusal to provide personal data listed in the Rules and required for conclusion of the Sales Contract makes conclusion of such contract impossible.
- The Seller only processes the Buyer’s personal data for the purpose of fulfillment of the order.
The Seller stores cookies on the Buyer’s end terminal and gains access to information contained therein for statistical purposes and to ensure proper operation of the Shop.
14 Concluding clauses
- Contract concluded via the online Shop are concluded in Polish.
- The Seller reserves the right to amend these Rules for important reasons, such as: changes in legal provisions, changes in payment and delivery procedures – to the extent to which such changes affect enforcement of the clauses of these Rules. The Seller undertakes to inform the Customer about any such change at least 7 days in advance.
- In matters not covered by these Rules, generally applicable provisions of Polish law apply, including in particular: the Civil Code; Act of providing services by electronic means; Act on consumer rights; Act on protection of personal data.
- The Customer is entitled to use the out-of-court procedures of complaint processing and claiming damages. To this aim, the Customer may file a complaint via the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.