Store Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE

Mariuszbrandt.pl

  1. General provisions
  1. These Regulations, hereinafter referred to as the “Regulations”, define the rules for the use of the online store located at the URL mariuszbrandt.pl, hereinafter referred to as the “Store”.
  2. The store is operated by where-kupie.pl sp z o.o., hereinafter referred to as the “Administrator”.
  3. Address of the Store and contact information: internet address – mariuszbrandt.pl, e-mail – pisz@mariuszbrandt.pl, telephone 504154003, mailing address – 63-400 Ostrów wielkopolski ul Próchnika 16,
  4. Information regarding the scope of the Store’s processing of personal data (“Privacy Policy”) and the scope of its use of cookies (“Cookie Policy”) can be found at the URL mariuszbrandt.pl
  5. Each person should familiarize himself with the Rules of the Store before using it.
  6. Making purchases in the Store requires the Customer to have an active and working email account.
  1. Definitions

The terms used in the Regulations mean respectively:

  1. Store – an online store operating at mariuszbrandt.pl, selling products at a distance.
  2. Customer – any entity making a purchase in the Online Store in accordance with the Terms and Conditions, including Consumers as well as Entrepreneurs and Entrepreneur-Consumers.
  3. User – any entity using the Internet who accesses the Store’s website.
  4. Customer Account – a field containing data on transactions carried out and an instrument for processing orders placed by the Customer.
  5. Newsletter – a service provided by the Online Store to the User who has agreed to send them the Newsletter, which consists in sending to such Users any information about the operation of the Online Store, after the User voluntarily provides his/her e-mail address, name and surname.
  6. Consumer – a natural person making a legal transaction with an entrepreneur not directly related to his economic or professional activity.
  7. Entrepreneur – a natural person, a legal person or an unincorporated entity performing a legal action on its own behalf in the course of its business or professional activity, including making purchases in the Store for the purpose directly related to its business, when the use of the Store including making purchases in the Store is of a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions of the Central Register of Information on Business Activity.
  8. Entrepreneur-Consumer a natural person, including making purchases in the Store for the purpose directly related to his/her business, when the use of the Store including making purchases in the Store is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Information on Business Activity.
  9. Working days – days of the week from Monday to Friday, except for public holidays.
  10. Regulations – this document, which defines the terms and conditions of use of the Online Store and the purchase of products therein.
  11. Registration – voluntary submission of data by the Store’s Customer consisting of filling out a form available on the pages of this Store.
  1. Types and scope of the Store’s activities
  1. Through the Store is conducted distance sales via the Internet of an assortment of home decoration and furnishings
  2. The offered items are new.
  1. Technical requirements
  1. For proper and uninterrupted use of the Store, the Customer’s station/end device should meet the following minimum technical requirements:
    • active internet connection,
    • Acceptance of cookies and JavaScript enabled
    • active e-mail address
  2. The store is not obliged to provide the above equipment and/or software.
  3. The installation of the software referred to in paragraphs 1 and 2 is subject to a separate license agreement between the customer and the licensor.
  4. The store’s website is adjusted to a screen resolution of 320px-2560px
  1. Rules for making purchases
  1. The store, before confirming the purchase, provides the customer with the following information:
    • accurate description of the product in question and its features;
    • the total price of the ordered products, including taxes, as well as transportation, delivery or postal fees, and a summary of the total amount of the order with the selected delivery option
    • concerning the method and time of payment
    • concerning the manner and timing of the entrepreneur’s performance.
  2. Making a purchase of a Product does not require registration in the Store
  3. Placing an order is done using a form, available on the store’s website after pressing the button – “order with obligation to pay” in the summary of the shopping cart, in which the customer provides the following data:
    • Name
    • Email address
    • Phone number
    • Shipping address details
  4. The Customer places an order after reading the information specified in the content of the store’s Terms and Conditions and the information indicated in paragraph 2, which will be displayed electronically in the last step of filling out the electronic form preceding the expression of the will to be bound by the contract by clicking the “Order with obligation to pay” button. After reading the accumulated information specified for the Customer’s order, the Customer expresses his or her will to be bound by the contract by clicking the “I order with obligation to pay” button.
  5. All prices shown on the Store’s pages are in Polish zloty and include VAT. The price displayed in the summary of the shopping cart before placing the order includes shipping costs according to the option selected by the Customer.
  6. The store undertakes to deliver items free of defects.
  7. An order is considered to be accepted for processing after the Store confirms acceptance of the order placed by the Customer.
    • Confirmation of order acceptance is sent automatically after the order is placed by the customer;
    • The Store may withhold acceptance of an order if it has doubts about the accuracy or reliability of the data indicated by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
    • In case of unavailability of some of the products included in the order, the customer is immediately informed about it. The customer decides whether the order is to be fulfilled partially or cancelled in full.
  8. The Customer and the Store are bound by the price of the Product in effect at the time of placing an order for it.
  9. The following payment methods are honored in the Store:
    • payment on delivery upon receipt of a shipment delivered by a postal operator or courier service,
    • simple wire transfer,
    • electronic payment system.
  10. The deadline for payment is 7 days from the confirmation of order acceptance.
  11. The contract is considered to be concluded upon confirmation of acceptance of the order in the case of selection of cash on delivery or upon payment by the Customer, after receipt of confirmation of acceptance of the order for processing.
  12. The ordered goods are shipped within 3 business days:
    • from the posting of the amount due for the product if you choose to pay in advance,
    • from the confirmation of acceptance of the order for processing in the case of choosing payment on delivery
  13. Shipments are sent via the courier company or postal operator selected within the order. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer – depending on the destination of delivery.
  14. In the case of ordering several pieces of goods, as a rule, the goods are packed collectively in one shipment, unless, choosing a method of delivery, the Customer indicates a different method of packaging and selects the option of separate delivery for each product.
  15. The customer will be notified by email about the shipment of goods. When choosing a courier service, the customer will be emailed a tracking number through which the shipment can be tracked on the operator’s website.
  16. The maximum delivery period according to the Law on Consumer Rights is up to 30 days. If the deadline indicated in the previous sentence is exceeded, the Consumer has the right to give the seller additional time. If the goods are still not delivered the Customer may withdraw from the contract.
  17. If the goods are to be shipped by the Store to a Customer who is a consumer or a Business-Consumer, the danger of accidental loss or damage to the thing (goods) passes to the Customer as soon as it is delivered to the Customer. Release of the thing (goods) is considered to be its entrustment by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.
  18. Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Annexes 1 and 2 to these Regulations.
  19. A receipt confirming the purchase is sent along with the Product. The purchase of the goods can be made only by a natural person for the purpose not directly related to his or another entity’s business or professional activity. At the request of such a person, a VAT invoice will be issued to the natural person in accordance with the Law on Value Added Tax.

Each customer who registers and/or makes an order agrees to receive information related to the progress of the transaction, notifications of changes to these Terms and Conditions to the email address provided by the customer.

  1. Other information regarding the operation of the Service, as well as containing commercial information about new products or services of the Service, about promotions of the Service and promoting products of the Administrator’s partners will be sent only to those Customers who have given their consent.
  1. Complaints – rights for the Consumer and the Entrepreneur-Consumer
  1. In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended) and the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014 item . 827 of June 24, 2014).
  2. The store is liable to the customer under the warranty if the sold thing (goods) has a physical or legal defect. A physical defect consists in the incompatibility of the sold thing (goods) with the contract. In particular, the sold thing (goods) is inconsistent with the contract if:
    • does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
    • does not have the properties that the Store assured the Customer of, including by presenting a sample or design;
    • is not suitable for the purpose about which the Customer informed the Store at the conclusion of the contract, and the Store did not object to such purpose;
    • was issued to the customer in an incomplete state.
  3. Complaints about ordered goods can be submitted by e-mail to pisz@mariuszbrandt.pl or by registered mail to Próchnika 16, 63-400 Ostrów Wielkopolski. In order to facilitate the lodging of complaints, a sample complaint form is provided at the URL mariuszbrandt.pl/formularz_reklamacji.docx. The use of this form is optional.
  4. When filing a complaint, please provide the following data: the customer’s name, address, data allowing identification of the sale (e.g. login, order number, date of transaction), subject and reason for the complaint, contact information.
  5. Determining the manner of fulfillment of the Store’s obligations in the scope of a reported complaint about the occurrence of physical or legal defects in the thing, the Customer, who is a consumer, has the right to make a statement about reducing the price or withdrawing from the contract, unless the Store immediately and without excessive inconvenience for the Customer replaces the defective thing with a defect-free one or removes the defect. This restriction does not apply if the thing has already been replaced or repaired by the seller (the Store) or the Store has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect.
  6. If the Customer is a Consumer, he/she may, instead of the removal of the defect proposed by the Store, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Store. In assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
  7. The reduced price should remain in such proportion to the contract price as the value of the thing with the defect remains to the value of the thing without the defect.
  8. The customer may not withdraw from the contract if the defect is insignificant.
  9. Claims submitted by the Customer will be considered within 14 days of their submission. Failure to make a statement within this period shall be considered an acknowledgment of the claims made by the Client.
  10. The Client will be notified of the resolution of the reported complaint by the same way the complaint was sent, unless the Client stipulates another form of contact. Resolution of the complaint will additionally be sent electronically to the e-mail address indicated by the Client.
  11. If the complaint is resolved positively, the Store sends to the Customer the goods free of defects or with the defect removed within a reasonable time. If repair or replacement with a new product is not possible for the reasons indicated in paragraphs 5 and 6, the Store according to the alternative request submitted by the Customer – will reduce the price or return the equivalent of the price of the product, plus shipping costs.
  12. Warranty rights are excluded for Customers purchasing as Entrepreneurs.
  13. The provisions concerning the Consumer in this paragraph shall apply to the Entrepreneur-Consumer
  14. Any provisions of the Terms and Conditions, do not exclude or limit the rights of Consumers or Entrepreneurs-Consumers provided for in applicable laws, including in particular Articles 556-576 of the Civil Code.
  1. Withdrawal rights for the Consumer and the Entrepreneur-Consumer
  1. Pursuant to the Consumer Rights Act of May 30, 2014 ( Journal of Laws 2014, item 827), a Customer who is a consumer has the right to withdraw from a concluded contract in writing without providing a reason within fourteen days from the date of delivery of the item, i.e. from the moment when the Customer took possession of the item, or when a third party other than the carrier indicated by the Customer took possession of the item. To maintain the fourteen-day period referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiration. The statement can be made on a form, a specimen of which is provided at the URL mariuszbrandt.pl/formula_return.docx and will be attached by the Store in hard copy to the shipment of the product. The Store allows for the possibility of submitting a statement of withdrawal by e-mail to :pisz@mariuszbrandt.pl. Upon receipt of the statement by e-mail, the Store will immediately send to the Customer who is a consumer, on a durable medium, a confirmation of receipt of the statement of withdrawal. The use of this form is optional.
  2. According to Article 38 of the Law on Consumer Rights, the right of withdrawal from a contract concluded remotely, in accordance with the Law, is not available to the Consumer and Entrepreneur-Consumer in cases:
  3. for the provision of services, if the trader has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance of the trader will lose the right to withdraw from the contract;
  4. in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
  5. in which the object of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;
  6. in which the object of performance is an item that is perishable or has a short shelf life;
  7. in which the object of the service is an item delivered in a sealed package, which after opening the package cannot be returned́ for health or hygienic reasons, if the package has been opened after delivery;
  8. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
  9. In the event of withdrawal from the contract, the Customer is obliged to return the goods to the company’s address or give them to a person authorized by the Store to collect them immediately, but no later than 14 days from the day on which, he or she withdrew from the contract, unless the Store offered to collect the item itself. Returned goods should be packed in a way that prevents them from being damaged in transit.
  10. If the customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the customer.
  11. In the event of withdrawal from this contract, the Customer shall be refunded all payments received from him, excluding shipping costs, immediately, and in any case no later than 14 days from the date on which the Store was informed of the Customer’s decision to exercise his right to withdraw from the contract with the Store.
  12. The Store will refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs for the Customer.
  13. The store may withhold reimbursement until it has received the returned Goods (items) or until it has provided proof of return of those goods in connection with the withdrawal, whichever event occurs first.
  14. If the customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest ordinary method of delivery offered by the trader, (applies to the method of the original delivery to the customer) the trader is not obliged to reimburse the customer for the additional costs incurred by him.
  15. The consumer shall be liable for any diminution in the value of the item resulting from the use of the item other than necessary to ascertain the nature, characteristics and functioning of the item.
  16. The provisions on the Consumer in this paragraph apply to the Entrepreneur-Consumer (pursuant to art.38a of the Act of May 30, 2014 on Consumer Rights).
  17. The right of withdrawal from a contract concluded at a distance, referred to in this paragraph of the Terms and Conditions, does not apply to a Customer who is not a Consumer or Entrepreneur-Consumer.
  18. In addition, in accordance with Article 31(2) of the Law of May 30, 2014 on Consumer Rights, if the Consumer or Entrepreneur-Consumer made a statement of withdrawal from the contract before the Store accepted his offer, the offer ceases to be binding.
  1. Final provisions and description of the possibility to use out-of-court means of complaint handling and claim investigation
  1. The provisions of these Regulations are not intended to exclude or limit any of the rights of the Customer who is also a Consumer or Entrepreneur-Consumer to which he is entitled under mandatory provisions of law, including in particular Articles 556-557 of the Civil Code. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned regulations, these regulations shall prevail.
  2. In matters not regulated by these Regulations, the provisions of Polish law shall apply, including in particular the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item . 827 of June 24, 2014) and the Act of April 23, 1964. – Civil Code (Journal of Laws 1964 no. 16 item 93 as amended).
  3. Information on the possibility of using out-of-court procedures for handling complaints and pursuing claims by the Customer who is a consumer, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:

The customer who is a consumer has, among other things, the following options for out-of-court means of handling complaints and claims:

    • Permanent amicable consumer court operating at the Trade Inspection – the possibility of requesting the settlement of a dispute arising from the concluded Sales Agreement;
    • The provincial inspector of the Trade Inspection may request the initiation of mediation proceedings on an amicable basis until the dispute between the customer and the store is resolved;
    • district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl
    • Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/
  1. Any disputes arising between a Customer who is not a Consumer or an Entrepreneur-Consumer and the Store will be resolved by a court of competent jurisdiction for the registered office of the Entrepreneur.

Annexes to the Regulations:

  1. Inform
  2. Withdrawal from a contract concluded at a distance
  3. Complaint form