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Regulations

Terms and Conditions of the Online Shop

These Terms and Conditions define the general rules of purchasing goods via the Online Shop operated by the Seller at the following address www.mojkrajtakipiekny.com .The Seller is a company run by  Karolina Sielska-Głuchowska  under the business name MKTP Karolina Sielska-Głuchowska, with its seat in 05-480 Karczew, ul. Jagodne 5, duly registered in the Register of Business Activity under the Tax Identification Number NIP 5322045011 and the National Business Registry Number REGON 146481182, alternatively referred to as the  „Service Provider”.

§ 1

Definitions

1. Terms and Conditions – these terms and conditions.

2. Customer – a natural person, legal entity or organizational unit without legal personality but with the capacity to perform acts in law, which makes an order in the Online Shop under the terms defined in these Terms and Conditions.

3. Consumer – a customer who is a natural person  using the Online Shop for the purposes which are outside that person’s business or professional activity.

4. Service Provider – the entity providing sale services through the Online Shop in accordance with the rules   set out in these Terms and Conditions.

5. Object of transaction – the products specified and described on the Shop’s Internet website.

6. Products – a movable property offered in the Online Shop subject to the Sale Agreement.

7. Sale Agreement – an agreement for the sale of products in the meaning of the Civil Code, concluded between the Service Provider and the Customer using the Shop Internet service.

8. Online Shop – the Internet service available at the following website: www.mojkrajtakipiekny.com, through which the Customer may place an order.  

9. Order – the Customer’s declaration to enter into the Sale Agreement in respect of the  explicitly defined type and quantity of products.   

§ 2

General Principles

1. These Terms and Conditions define the general rules of using the Online Shop at the following address: www.mojkrajtakipiekny.com.

2. Placing an order in the Online Shop is possible provided the Customer is aware of these Terms and Conditions and accepts the provisions contained therein.

3. The Online Shop www.mojkrajtakipiekny.com is offering wholesale and retail sale via the Internet.

4. All Products offered in the Online Shop www.mojkrajtakipiekny.com  are brand new, in original packaging,  free from physical and legal defects, and have been legally manufactured in Poland.

5. The Customer undertakes to refrain from submitting and communicating the content that is forbidden by the effective law, e.g. content that promotes violence, slanderous content, content which violates other people rights, etc.

§ 3

 

Placing an order

1. The prices offered at www.mojkrajtakipiekny.com are gross prices in PLN. The given prices do not include the shipment costs.

2. The Customer’s orders are accepted through the Internet website, by e-mail, Instagram or Facebook.

3. The orders placed through the Internet website are accepted 24 hours a day, 7 days a week, 12 months

a year. 

4. The order shall be valid if the order form is properly completed, includes correct contact information, the address to which to products should be delivered, phone number and e-mail address.   

5. In case the provided information is not complete the Seller shall contact the Customer and if such contact is not possible the order may be cancelled by the Seller.

6. When placing an order  the Customer may wish to obtain a VAT invoice. Such invoice will be attached to the parcel being shipped, or sent by e-mail to the indicated address.  

7. By placing an order the Customer gives consent to store his personal data in the Seller’s Online Shop database  for the purpose of processing  in the course of order realization. The Customer has the right to review his personal data, correct them and demand their removal.

8. The Customer may use an option that his personal data are saved in the system in order to speed up the procedures to realise any subsequent orders. For that purpose the Customer should provide the login and password to access his Account. The Customer’s login is the Customer’s  indicated e-mail address. The password is a sequence of symbols arranged by the Customer. The Customer’s password is not known to the Seller and the Customer has an obligation to keep it confidential and protect it against unauthorized access by third parties.        

9. Once the valid order is placed by the Customer he will receive an automatic reply from the Online Shop to the indicated e-mail address confirming that the order has been received.

10. As regards payment by bank transfer the initial date of order realization shall be the date when the payment is credited to the bank account indicated in the order confirmation. For payment by credit card or payment upon delivery the date of order realization shall be the moment at which the order has been placed.

§ 4

Shipping costs and dates of delivery

1. On its website the Service Provider shall place the information about the number of working days needed for the product delivery and order completion.

2. Pursuant to §5, section. 2, the time needed for delivery and order completion has been calculated in working days as indicated on the Online Shop website.

3. The product is sent to the address indicated in the order form. The Online Shop shall inform the Customer immediately if the shipment is impossible or may be delayed due to the order form being filled incorrectly. In the case of personal collection the parcel is delivered to the indicated personal collection point.  The Service Provider shall inform the Customer by e-mail that the product is ready for receipt.  The parcel should be collected within 14 days from the date of notification that the parcel is ready for collection. The parcel not taken within the indicated time shall be returned to the warehouse and the order will be corrected.   

4. The Customer bears the cost of delivery (shipment) specified in the delivery pricelist. For the current pricelist, please go to  www.mojkrajtakipiekny.com

§ 5

Payment

1. For each item sold a receipt or an invoice is issued to the Customer.

2. Payment for the order can be made  by 'Pay on delivery'  method  upon the product receipt, or via the electronic payment system PayU, PayPal, Dotpay, or by a bank transfer to the Online Shop’s  Account

§ 6

Withdrawal from the agreement

1. Within 14 days and without giving any reason the Customer, which is a consumer, may withdraw from the Sale Agreement.

2. The time limit stipulated to withdraw from the Sale Agreement takes effect from the date on which the product comes into  the Customer’s  possession. The Customer may withdraw from the Sale Agreement by  a declaration of withdrawal sent to the Service Provider. Such declaration can be sent by e-mail to the following Online Shop address:  sklep@mojkrajtakipiekny.com. In order to meet the deadline it is sufficient to send the declaration before the deadline. In his declaration the Customer shall specify why the product is being returned and which method of product return is preferred by him, including all necessary data.    

3. In case of withdrawal from the Sale Agreement it shall be deemed as not concluded.

4. If the declaration of withdrawal from the Sale Agreement was sent by the Customer before his offer was accepted by Service Provider such offer ceases to be binding.

5. Not later than within 14 days from the date of receipt of the Customer’s declaration to withdraw from the Sale Agreement the Service Provider shall immediately return all payments made by the Customer, including the cost of product delivery.   The Service Provider  may withhold the reimbursement  of such payments made by the Customer until the products are sent back to him or the proof is provided by the Customer that the product has been sent back to the Service Provider, whichever occurs earlier.

6. The Customer shall immediately return the product to the Service Provider, however not later than within 14 days from the date of withdrawal from the Sale Agreement. In order to meet the deadline the products should be sent to the following address: MKTP Karolina Sielska-Głuchowska, ul, Jagodne 5, 05-480 Karczew, before the deadline.   

7. In case of withdrawal from the Sale Agreement the Customer bears the cost of the product return.   

8. The Customer shall be liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and the functioning of the products.

9. The Service Provider shall reimburse the payments using the payment method which was chosen by the Customer unless the Customer agreed to another method of reimbursement without incurring any additional costs.   

§ 7

Warranty and liability

1. The Service Provider warrants that the delivered product is free from physical and legal defects. The Service Provider shall be liable to the the Customer if there is a physical or legal defect in the Products (the surety).

2. If the Products are defective the Customer may a. make a statement on the reduction of the price or rescission from the Sale Agreement , b. demand the replacement of defective Products with Products free of defects or demand removal of the defect.

The Service Provider must immediately and without excessive inconvenience to the Customer replace the defective Products with Products free of defects or remove the defect. This limitation does not apply if the Products have been already replaced or repaired by the Service Provider or the Service Provider has failed to meet the obligation to replace the Products with Products free of defects or remove the defect. The Customer may demand the replacement of the Products instead of the removal of the Products proposed by the Service Provider or instead of removing the Products demand the removal of the defects unless bringing the Products to compliance with the Agreement in the manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Service Provider.  In assessing the excessiveness of costs, the value of Products that are free from defects is taken into consideration as well as the type and importance of the defect found and the inconvenience that another manner of satisfying the demand of the Customer would pose to the Customer. The Service Provider may refuse to satisfy the Customer’s demand if the bringing of Products to compliance with the agreement in the manner chosen by the Customer is impossible or would require excessive costs as compared to the manner proposed by the Service Provider. The costs of the repair or replacement is borne by the Service Provider.

3. The Client who exercises the rights under the surety must deliver the defective thing to the address of the Service Provider . If the Customer is a consumer the cost of delivery is borne by the Service Provider.

4. The Service Provider is liable under the surety if a physical defect is found before the lapse of two years since the release of Products to the Customer. The claim for the removal of the defect or replacement of Products with Products free of defects is time-barred after the lapse of one year but this time limit may not end before the lapse of the time limit specified in the first sentence. In this time limit the Customer may  rescind the agreement of sale or make a statement on the reduction of the price due to the defect in the Products. If the Client demanded replacement of Products the replacement of Products with non-defective products or the removal of the defect, the time limit for the rescission of the Agreement of sale or making a statement on the reduction of the price begins upon the ineffective lapse of the time limit for the replacement of Products or removal of the defect.

§ 8

Claims

1. Any claims relating to the Products and performance of the Sales Agreement may be sent by the Customer in writing to the following address: MKTP Karolina Sielska-Głuchowska, ul, Jagodne 5, 05-480 Karczew, or electronically, to our e-mail address: sklep@mojkrajtakipiekny.com

2. Within 14 days from the date of submitting the claim the Service Provider undertakes to review a claim related to the Product, or a claim related to the realization of the Sale Agreement submitted by the Customer.

 

§ 9

 

Privacy policy and personal data protection

1. The Service Provider remains an administrator of the personal information databases provided by the Online Shop Customers in connection with purchases.

2. Personal data is used for the purpose of processing the Sale Agreement, and therefore such data can be transferred to entities which are responsible for the delivery of purchased products to the Customer. Personal data are transferred voluntarily.

3. The Customer provides his personal data to the Service Provider voluntarily, provided however that failure to provide specific data in the process of registration can prevent the Registration and creation of the Customer’s Account  and prevent the placement and realisation of the Customer’s order in the case of placing an order without the Registration of the Customer’s Account.  

4. Any person who provides its personal data to the Service Provider has the right to access them and to make necessary amendments.   

5. The Service Provider ensures that the personal data can be deleted from the filing system, in particular when the Customer’s Account becomes deleted. The Service Provider may refuse to delete the personal data if the Customer failed to pay any amounts owed to the Service Provider, or if the Customer is in breach of applicable law and saving the personal data  is critical to the clarification of such circumstances and to the establishment of the Customer’s liability.      

6. The Service Provider carefully protects all provided personal data and will make them secured against   unauthorized access or use.

7. Where a Customer chooses to pay through the PayU system his personal data are to be transferred to the extent needed for the proper performance of payment to PayU S.A., with its seat in 60-324 Poznań, ul. Grunwaldzka 182, dully registered in the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under the  KRS No. 0000274399.

8. Where a Customer chooses to pay through the PayPal system his personal data are to be transferred to the extent needed for the proper performance of payment to PayPal (Europe) S.à r.l. & Cie, S.C.A., Société en Commandite par Actions, with its registered seat at 22-24 Boulevard Royal, L-2449, Luxembourg RCS Luxembourg B 118 349 9. For payment through the Dotpay system the Customer’s personal data are to be transferred to the extent needed for the proper performance of payment to Dotpay S.A., ul. Wielicka 72, 30-552 Kraków, www.dotpay.pl , the District Court for Kraków-Śródmieście in Kraków, 11th Economic Department,  under the KRS No. 296790.

 

§ 10

Terms and Conditions – changes and amendments

1. The Customers, holders of the Account in the Online Shop shall be informed on any changes in the Terms and Conditions by e-mail at least 7 days prior to their entry into force.

2. The Customer who refuses to accept changes in the Terms and Conditions  may remove the Account at any time.

3. Orders placed by Customers prior to the effective date of changes in the Terms and Conditions will be filled in accordance with the existing wording  of the Terms and Conditions.

 

 

§ 11

Final provisions

1. The Customer has the right at any time to print, save or download the content of these Terms and Conditions from the Online Shop website.

2. In the event of any dispute arising from the Sales Agreement the parties will seek to solve them amicably. The applicable law to settle any disputes arising from these Terms and Conditions shall be the Polish law.

3. Each Customer may use the out-of-court methods of complaint handling and pursuing claims, including the process of mediation. The list of mediators and existing mediation centers is available through the presidents of the applicable District Courts.

 

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