REGULATIONS OF MASKISS.PL ONLINE SHOP
1. GENERAL PROVISIONS
1.1 The Internet shop available at www.maskiss.pl is run by Marcin Wiktorski conducting business activity under the name MIND&SOUL MARCIN WIKTORSKI entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister in charge of economy, having: address of the place of business activity and address for delivery: 10/131 Stryjeńskich Street, Warsaw, NIP 951-185-01-70, REGON 140705605, e-mail address: firstname.lastname@example.org.
1.2 These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Shop, unless a given provision of the Terms and Conditions states otherwise and is addressed solely to consumers or entrepreneurs.
1.3 The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data shall be processed for the purposes, to the extent and on the basis of the principles indicated in the Regulations of the On-line store. Providing personal data is voluntary. Every person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1. Account - the use of the Account is possible after a total of three consecutive steps have been taken by the Customer - (1) filling in the Registration Form, (2) clicking the "Create Account" field and (3) confirming the desire to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form it is necessary for the Client to provide the following data: first and last name/company name, address (street, house/apartment number, postcode, town, country), e-mail address, contact telephone number and password. In the case of Non-Consumers, it is also necessary to provide the company name and NIP number.
220.127.116.11. The Electronic Account Service is provided free of charge for an indefinite period. The Customer has the opportunity, at any time and without giving any reason, to delete the Account (Account cancellation) by sending an appropriate request to the Service Provider, in particular by e-mail to: email@example.com.
2.1.2. Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes a total of two successive steps - (1) after completing the Order Form and (2) clicking on the Online Store's website after completing the Order Form, the field "I confirm purchase". - Until then, it is possible to modify the entered data by yourself (for this purpose, please refer to the displayed messages and information available on the Online Shop website). In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postcode, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. In case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
18.104.22.168. The Electronic Service of the Order Form is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Customer stops placing an Order through it earlier.
2.1.3 Newsletter - the Newsletter shall be used after providing in the "Newsletter" tab visible on the Online Shop's website the e-mail address to which subsequent editions of the Newsletter shall be sent and clicking the "Subscribe" field. It is also possible to subscribe to the Newsletter by ticking the appropriate checkbox during the creation of an Account - the Customer shall be signed up for the Newsletter when creating an Account.
22.214.171.124. The Electronic Newsletter Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (opt-out of the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: firstname.lastname@example.org.
2.2 The Customer is obliged to use the Online Shop in a manner consistent with the law and good morals with respect to personal rights and copyrights and intellectual property of the Service Provider and third parties. The Customer is obliged to enter data in accordance with the facts. The recipient is prohibited from providing illegal content.
2.3 The procedure of complaint proceedings:
2.3.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the On-line store. The Service Recipient may submit in electronic form via e-mail to: email@example.com;
2.3.2. It is recommended that the Client provides in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.3.3. The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
3. TERMS OF CONCLUDING THE SALES CONTRACT
3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with item 3.1. 2.1.2 of the Regulations.
3.2 The Product price shown on the Online Store website is given in Polish zloty and includes taxes. The total price together with taxes of the Product which is the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these charges cannot be determined - the obligation to pay them, the Customer shall be informed on the Online Store's website in the course of placing an Order, including the moment the Customer expresses his or her will to be bound by the Sales Agreement.
3.3 The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with pt. 2.1.2 of the Regulations.
3.3.2. After placing an Order, the Seller shall immediately confirm receipt of the Order and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by sending by the Seller to the Customer an appropriate e-mail message to the Customer's e-mail address given during the submission of the Order, which shall include at least the Seller's statements on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4 The retention, security and making available to the Client the content of the concluded Sales Agreement is effected by (1) making these Regulations available on the website of the Online Store and (2) sending the Client the e-mail message referred to in pt. 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's IT system of the On-line store.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1 The Seller shall make available to the Customer the following payment methods under the Sales Agreement:
4.1.1. Payment by transfer to the Seller's bank account.
4.1.2 Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro, via the Bluemedia.pl service - possible current payment methods are specified on the Online Store's website in the information tab on payment methods and on the http://www.bluemedia.pl website.
4.1.3. Settlements of transactions with electronic payments and payment cards shall be carried out according to the Customer's choice via the Bluemedia.pl service. The service of electronic payments and payment card is provided by: BlueMedia.pl - Blue Media S.A. with its registered office in Sopot (registered office address: ul. Powstańców Warszawy 6 81-718 Sopot), entered into the Register of Entrepreneurs of the National Court Register under the number: 0000320590, registration files kept by the District Court Gdańsk - Północ in Gdańsk, share capital of 2,000,000 PLN fully paid, NIP: 5851351185.
4.2 Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer shall be obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1 The delivery of the Product is available on the territory of the Republic of Poland.
5.2 The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store in the "Costs of delivery" tab and in the course of placing an Order, including the moment when the Customer expresses his will to be bound by the Sales Agreement.
5.3 The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.3.2. Courier service,
5.4 The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter or longer period is stated in the description of the Product in question or when placing the Order:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or billing account.
6. PRODUCT COMPLAINT
(CONCERNS SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
6.1 The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular Articles 556-576 of the Civil Code).
6.2 A complaint may be submitted by the Customer:
6.2.1. in electronic form via e-mail to: firstname.lastname@example.org;
6.3. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence; (2) request the manner of bringing the Product into compliance with the Sales Agreement or statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.4 The Seller shall respond to the Customer's complaint immediately, not later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested the replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request is justified.
6.5 The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the address: Wyszyńskiego 7, 87-600 Lipno. In the case of a Customer who is a consumer, the cost of delivery of the Product is borne by the Seller, in the case of a Customer who is not a consumer the cost of delivery is borne by the Customer. If, due to the type of Product or method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
(APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
6.6 A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 6.6. 8.8 of the Regulations. In order to meet the deadline it is sufficient to send a statement before its expiry. Statement of withdrawal from the contract may be submitted in electronic form via e-mail to: email@example.com. The condition for the return of goods is the return of the goods with an undamaged seal on the right rubber band of the product, which proves that the product is not used.
6.7 The period for withdrawal from the contract begins:
6.7.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) includes multiple Products which are delivered separately, in batches or parts - from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a fixed period of time - from taking possession of the first Product;
6.7.2. for other contracts - from the date of concluding the contract.
6.8 In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.
6.9 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund payments using the same method of payment as the consumer, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. If the payment is made using a payment card, the refund will be made to the bank account associated with the payment card used to make the payment. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until he has received the Product back or the consumer has provided evidence of its return, whichever is the earlier.
6.10. The Consumer is obliged to return the Product to the Seller immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, or to hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the address: Wyszyńskiego Street 7, 87-600 LIPNO
6.11. The Consumer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics and functioning of the Product.
6.12. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
6.12.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for additional costs incurred by him.
6.12.2. The consumer shall bear direct costs of returning the Product.
7. PERSONAL DATA PROTECTION
7.1 The Customer shall provide his or her personal data voluntarily, but in order to register and establish a Customer Account, place an order and possibly conclude and perform a sales agreement, it is necessary to provide personal data. The Customer's personal data shall be used only for the purposes necessary to use the Store, place, carry out an order, including making settlements, lodging complaints, as well as possible claims and other purposes specified in the Regulations.
7.2 The Seller shall ensure that the Customer exercises its rights under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter referred to as the "General Data Protection Regulation" or "DPA"), in particular the right to access, rectify, delete or limit the processing and transfer of personal data.
7.3 The Customer's personal data, if he or she agrees, may be used by the Seller to send him or her advertising and promotional information by e-mail, as well as for other marketing purposes related to the activities of the Seller. The Client may at any time resign from receiving commercial information.
7.4 The Seller declares that he is the administrator of the Clients' personal data within the meaning of the General Data Protection Regulation.
7.5.. The Seller declares that it implements appropriate technical and organizational measures to ensure that the processing is carried out in accordance with applicable laws, including the TYPE and to protect the rights of the data subjects. In particular, the Seller protects the personal data provided to it and makes every effort to protect it against unauthorised access or use by unauthorised persons.
7.6 The Seller transfers the Customer's personal data to the entities providing goods transport services to the extent necessary to carry out deliveries and make on-line payments by the Customer, in particular through the system Bluemedia.pl - Blue Media S.A.
8.1 The entity that places information in the form of cookies and other similar technologies in the Client's terminal equipment (e.g. computer, laptop, smartphone, Smart TV) and obtains access to them is the Seller. Cookie files are IT data, in particular text files, which are stored in the Client's terminal equipment. Cookies usually contain the domain name of the website from which they come, the time of their storage on the terminal device and a unique number.
8.2 In principle, cookies do not allow me to identify natural persons, however, due to the care taken by the Seller to protect the personal data of its customers, the protection measures provided for personal data are applied to them. Saving Cookies does not have a negative impact either on the software used by the User or on his hardware. Cookies generally contain the domain name of the website from which they come, their unique number and the time of their storage on the User's terminal equipment. A cookie makes it possible to read the information contained in it only to the server from which it comes.
8.3.1. providing services;
8.3.2. adjusting the content of services and applications to the Customers' preferences and optimizing the use of websites;
8.3.3. cookie files allow, in particular, to recognize the Customer's device and properly display the website adjusted to his individual needs;
8.3.4. creating statistics which help to understand how the Customers use the services and applications, which allows to improve their structure and content;
8.3.5. maintaining the Client's session (after logging in), thanks to which the Client does not have to re-enter the login and password on each subpage of the website of a given service and application;
8.3.6. presentation of advertisements, inter alia, in a manner that takes into account the Client's interests or his place of residence (individualisation of the advertising message) and with a guarantee that the possibility of multiple presentations of the same advertisement to the Client is excluded;
8.3.7. the implementation of surveys - in particular to avoid multiple presentations of the same survey to the same Recipient and to present surveys in a manner that takes into account the interests of the recipients. The storage of cookies or access to them does not cause any configuration changes in the Buyer's device.
9. FINAL PROVISIONS
9.1 Agreements concluded through the Internet Shop shall be concluded in the Polish language.
9.2 Amendment of the Regulations:
9.2.1 The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations; changes in the methods of payment and delivery - to the extent that such changes affect the implementation of the provisions of these Regulations.
9.2.2. Where agreements of a continuous nature are concluded under these Terms and Conditions (e.g. provision of an Electronic Service - Account), the amended Terms and Conditions shall be binding on the Customer if the requirements specified in Articles 384 and 384 of the Civil Code are met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days of the notification. If the amendment to the Regulations results in the introduction of any new fees or an increase in the current Consumer Customer has the right to withdraw from the contract.
9.2.3. In the event of concluding contracts under these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), amendments to the Terms and Conditions shall in no way affect the rights acquired by Customers/Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular, amendments to the Terms and Conditions shall not affect orders already placed or submitted and Sales Agreements concluded, performed or completed.
9.3 In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: The Civil Code; the Act on Providing Electronic Services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.