REGULATIONS

I General provisions

  1. These Regulations set out the general terms and conditions, the manner of providing electronic services and sales conducted through the Online Store www.makaszka.pl. The store is operated by Katarzyna Klopot-Kolanowska conducting business activity under the name RUDA Katarzyna Klopot-Kolanowska partner of the civil partnership MAKASZKA in Bydgoszcz, registered in the Central Register and Information on Business Activity conducted by the Minister of Entrepreneurship and Technology, at the address ul. Botaniczna 16, 85-352 Bydgoszcz, NIP: 9671195478, REGON: 341252298 and Marcin Kolanowski conducting business activity under the name MAKASZKA Marcin Kolanowski partner of the civil partnership MAKASZKA in Bydgoszcz, entered into the Central Register of Records and Information on Business Activity conducted by the Minister of Entrepreneurship and Technology at the address Botaniczna Street, No. 16, 85-352 Bydgoszcz, NIP: 5542471980, REGON: 340424870 conducting jointly business activity under the name MAKASZKA s.c. Katarzyna Kłopot-Kolanowska Marcin Kolanowski in Bydgoszcz, on the basis of a civil partnership agreement, at the address 16 Botaniczna Street, 85-352 Bydgoszcz, NIP: 9671365957, REGON: 362049023, hereinafter referred to as the Seller.
  2. Contact with the Seller is made through:
    1. email address: [email protected];
    2. at +48 734 141 598.
  3. These Terms and Conditions are continuously available on the website www.makaszka.pl, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.
  4. The Seller informs that the use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus and firewall programs.

II Definitions

The terms used in the Regulations shall mean:

  1. Working days - These are days from Monday to Friday excluding public holidays;
  2. Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;
  3. Civil Code - Law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Account - the part of the Online Store assigned to a given customer, through which the customer can perform certain actions within the Online Store;
  5. Consumer - A customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
  6. Entrepreneur - A customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
  7. Regulations - this document;
  8. Merchandise - product presented in the Online Store, the description of which is available next to each product presented;
  9. Sales contract - Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
  10. Services - services provided by the Seller to Customers electronically, within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  11. Consumer Rights Act - Law of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
  12. Law on provision of electronic services - Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
  13. Order - Customer's statement of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III Rules of use of the Online Store

  1. The use of the Online Store is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
    1. A computer or mobile device with Internet access,
    2. email access,
    3. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
    4. Enabling Cookies and Javascript in your web browser.
  2. Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
  3. In particular, the customer is obliged to:
    1. not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
    2. Use of the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
    3. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
    4. Use of the Online Store in a manner that is not onerous for other Customers and the Seller,
    5. use any content posted within the Online Store only for your own personal use,
    6. use of the Internet Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

IV Services

  1. The Seller allows through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
  2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account or uses the "Remove Account" button.
  3. The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter service agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter service.
  4. The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about Goods in the Online Store is concluded for a definite period of time and is terminated as soon as the opinion is added.
  5. Statements should be drafted in a clear and understandable manner, moreover, they must not violate applicable laws, including the rights of third parties ? in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are distributed on the web pages of the Online Store.
  6. By posting a statement, the Client agrees to the free use of this statement and its publication by the Seller, as well as to the development of works within the meaning of the Law on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
  7. The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store's websites. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
  8. If the Customer violates the provisions of these Regulations, the Vendor, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.

V Procedure for the conclusion of a Sales Contract

  1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, as defined in Article 71 of the Civil Code.
  2. The Seller may cancel the Order in case of noticing a glaring error in the price and/or the lack of the ordered product in stock and at the same time inability to sew it.
  3. All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced into the Polish market.
  4. The condition for placing an Order is to have an active e-mail account.
  5. In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client's offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
  6. The contract of sale is concluded in Polish or English, with the content in accordance with the Regulations.

VI Deadline, cost and methods of delivery

  1. Delivery of the Goods is limited to the territory of the European Union and is carried out at the address indicated by the Customer when placing the Order.
  2. If the customer provides erroneous or inaccurate data, including, in particular, an erroneous or inaccurate address, the Store shall not be liable for non-delivery or delay in delivery of the Goods.
  3. The delivery and processing time of the Order is calculated in Business Days.
  4. Orders are normally processed within 1-3 business days after receipt of payment by the Seller. The exceptions are orders containing products with the annotation "to order", orders placed during holiday periods and/or promotional campaigns. Then the order processing time may extend up to 10 working days. In special cases, when the planned execution of the order will exceed 10 working days, the Seller undertakes to immediately inform the Customer about the situation.
  5. If different lead times are stipulated for the Goods included in the Order, the longest period among the stipulated ones shall apply to the entire Order. Orders are shipped as a whole, after all items are completed. We do not divide orders into several parts/shipment.
  6. The customer can make changes to the order or cancel it free of charge, provided that the order is awaiting payment or is in process. For this purpose, please contact us by phone, email or through social media (Facebook, Instagram). At the same time, we would like to inform you that making changes to the Order may result in prolonging its processing.
  7. It is not possible to make changes if the order has obtained the status "Completed".
  8. Due to the very high volume of orders placed during promotional periods and around Christmas, the Seller does not guarantee to make changes to orders placed during these periods.
  9. Delivery methods and cost:
    1. delivery within the country:
      1. via courier service:
        1. GLS courier - Delivery to the specified address at a gross price of 17 PLN, prepaid or cash on delivery;
        2. InPost parcel machines - delivery to the point of collection at a gross price of 17zł, prepayment or cash on delivery;
      2. own collection at the Seller's personal collection point - free of charge, after prepayment of the order.
    2. foreign delivery - price list provides Appendix 1 To the Regulations.
  10. Domestic deliveries are covered by the promotion.
    1. Condition necessary to obtain free delivery within the country is to place an order, the final value of which, i.e. after taking into account promotions and discounts, is at least PLN 399 gross.
    2. The condition of the promotion is not fulfilled if the Customer withdraws partially from the contract and the value of the remaining products subject to the contract does not exceed PLN 399 gross. In such a situation, the customer will be charged for delivery in accordance with the price list contained in par. VI pt. 8.1. of these Regulations. The value of the refund due will be reduced by the aforementioned delivery costs.
  11. Personal collection of the order is possible only after receiving the appropriate information from the Seller. Information about the possibility of collecting the order will be sent by e-mail to the address provided in the order.
  12. Orders unclaimed within 14 calendar days from the moment the Seller sends information about the readiness of the Order for collection will be canceled and the funds will be returned to the Customer via the same method used to pay for the order.
  13. Proof of purchase for the order will be sent to the customer at the e-mail address provided in the order. The proof of purchase is an electronic invoice.
  14. If you wish to receive a proof of purchase in paper form, please include the appropriate information in the "Notes to the order" field. The invoice will be included in the shipment.
  15. A fiscal receipt will be issued for orders with personal pickup.

VII Prices and payment methods

  1. The prices listed in the store include VAT and are gross retail prices expressed in Polish zloty.
  2. The customer can choose the following payment methods:
    1. bank transfer to the Seller's bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after receipt of funds in the Seller's bank account and completion of the Order);
    2. cash on delivery, payment of the supplier at the time of delivery (in this case, the execution of the Order and its shipment will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and completion of the Order);
    3. electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent's system about the payment made by the Customer, and shipping will be carried out immediately after the Order is completed).
  3. The customer is obliged to pay for the order within 7 days after placing the order. If the Customer fails to make payment within the period referred to in the preceding sentence, the order will be canceled.
  4. Payment details by traditional bank transfer:
    Makaszka s.c.
    16 Botaniczna Street
    85-352 Bydgoszcz
    Millennium Bank S.A., SWIFT: BIGBPLPW
    (PLN) EN06 1160 2202 0000 0002 9092 2902
    (EUR) EN21 1160 2202 0000 0003 5367 8722
    Please specify the order number in the title of the transfer.

VIII Entitlement to withdraw from the contract

  1. The customer may withdraw from the Agreement without giving any reason by submitting a statement to that effect within 30 days from the delivery of the order. To meet this deadline it is sufficient to send the statement before its expiration.
  2. Goods without visible signs of use, complete, unwashed, odorless, are subject to return.
  3. Each order is accompanied by a paper order confirmation. Please mark on the above document the products that are subject to return and attach it to the return shipment. The completed Return Form, which is Appendix No. 2 of these Regulations, should be attached to the shipment only if the above document is lost.
  4. When sending back the Goods, the Customer may use the services of any carrier, however, it is unacceptable to send parcels cash on delivery and/or to parcel machines.
  5. Goods should be returned to the Seller's address:
    Makaszka s.c.
    M. Dziatkiewicza Street 7
    85-870 Bydgoszcz    .
  6. The Seller will promptly, but no later than within 14 calendar days from the date of receipt of the returned products, return the funds for the order to the Consumer. The payment refund will be made using the same method that was used to pay for the order.
  7. If the order was paid by traditional transfer or cash on delivery, the Customer is obliged to provide the Seller with information on the bank account number to which the refund is to be sent. The refund will be withheld until such information is received.
  8. If a freebie was included in the order, it must be returned with the contents of the order. Otherwise, the amount of the return will be reduced by the value of the freebie.

IX Complaints

  1. The Seller undertakes to deliver the Goods without defects.
  2. The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Articles 556-576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
  3. In order to process the complaint, the Customer should send the relevant application by e-mail to [email protected].
  4. Always include the following information in your claim:
    1. order number,
    2. A detailed description of the problem,
    3. Photos/videos showing the defect,
    4. A convenient date and address from where we can pick up the product.
  5. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 3 days, from the date of receipt of the call by the Customer.
  6. The seller undertakes to process each complaint within 7 working days.
  7. A courier will be arranged to the address provided in the application to pick up the product. Goods must be secured for transport. Do not attach additional information/forms to the shipment. The courier will provide the necessary waybills.
  8. The seller agrees to repair the product within 10 working days and return it to the customer at its own expense.
  9. If the scheduled repair exceeds 10 working days, the Seller is obliged to immediately inform the Customer about the situation.
  10. If it is determined that the product cannot be repaired, the Vendor undertakes to promptly provide the Customer with further steps.
  11. Defects resulting from mechanical damage, improper care and/or natural wear and tear of the product (e.g., material fuzzing, pulling, color discoloration caused by prolonged exposure to sunlight, etc.) are not subject to complaint.
  12. If the product is picked up and the Seller finds the above situation, the customer will be charged for the collection and re-shipment of the package.

X Complaints about the provision of electronic services

  1. The Customer may submit complaints to the Seller in connection with the operation of the Store and use of the Services. Complaints can be submitted in writing to the address: Makaszka s.c. Katarzyna Kłopot-Kolanowska Marcin Kolanowski, 7 Mariana Dziatkiewicza Street, 85-862 Bydgoszcz, to the e-mail address: [email protected], phone number 734141598 or using the contact form.
  2. In the complaint, the customer should provide his name, mailing address, type and description of the problem.
  3. The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

XI Guarantees

  1. The goods come with a 2-year manufacturer's warranty.

XII Out-of-court ways of settling complaints and pursuing claims

  1. A customer who is a Consumer has, among other things, the following options for using out-of-court means of handling complaints and claims:

    1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
    2. is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
    3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of Consumers (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected];
    4. submit your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII Protection of personal data

  1. The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable laws and in accordance with the Privacy Policy, which is attached as Appendix 3 to the Regulations.

XIV Final Provisions

  1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Terms and Conditions.
  2. Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
  3. Settlement of any disputes arising between the Seller and the Customer, who is an entrepreneur, is submitted to the court having jurisdiction over the seat of the Seller.
  4. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
  5. Each Customer will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes with a summary of them to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Client with a Client Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.

Attachments

  1. Appendix No. 1 - price list for foreign delivery
  2. Appendix No. 2 - withdrawal form
  3. Appendix No. 3 - privacy policy