TERMS AND CONDITIONS OF THE ONLINE STORE

WWW.MAMPSAICOTERAZ.SHOP

§1

GENERAL PROVISIONS

1. The store www.mampsaicoteraz.shop operates under the terms of these Regulations.
2. The Regulations specify the terms and conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.mampsaicoteraz.shop, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.
3. Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the Store www.mampsaicoteraz.shop, is obliged to comply with the provisions of these Regulations.
4. In matters not covered by these Regulations, the regulations shall apply:

4.1. Law on the Provision of Electronic Services of July 18, 2002,

4.2. Law on Consumer Rights of May 30, 2014,

4.3. Law on extrajudicial resolution of consumer disputes of September 23, 2016,

4.4. Civil Code Act of April 23, 1964. and other relevant provisions of Polish law.

§2

DEFINITIONS CONTAINED IN THE REGULATIONS

1. CONTACT FORM – a form available on the website www.mampsaicoteraz.shop that allows sending a message to the Service Provider.
2. FORM REGISTRATION – a form available on the website www.mampsaicoteraz.shop that allows you to create an Account.
3. FORM ORDER FORM – a form available on the website www.mampsaicoteraz.shop allowing to place an Order.
4. CUSTOMER – A Customer who intends to conclude or has concluded a Sales Contract with the Seller.
5. CONSUMER – A natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
6. ACCOUNT – marked with an individual name (login) and password, a set of resources in the Service Provider’s ICT system, in which the Customer’s data is collected, including information about the placed Orders.
7. PRODUCT – a mobile item, service or Digital Content available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
8. REGULATIONS – these regulations of the Store.
9. SHOP – Provider’s online store operating at www.mampsaicoteraz.shop
10. SELLER, SERVICE PROVIDER – Małgorzata Kaczmarek doing business under the company I have a dog. NOW WHAT? MAŁGORZATA Kaczmarek entered in the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, place of business and address for service: Paprotnia 82a, 98-161 Zapolice, NIP: 7851770575, REGON: 362591963, electronic mail address (e-mail): wsparcie@mampsaicoteraz.com, telephone number: + 48 666 604 738.
11. OPINION SYSTEM – Electronic Service made available to Customers by the Service Provider, enabling Customers to post their opinions.
12. AGREEMENT OF SALE – Contract of Sale of a Product concluded between the Customer and the Seller through the Store.
13. DIGITAL CONTENT – data provided by the Seller in digital form, access to which is achieved by downloading to the Customer’s device.
14. SERVICE ELECTRONIC – service provided electronically by the Service Provider to the Customer through the Store.
15. USER – natural person, legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
16. ORDER – Customer’s statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

§3

INFORMATION ON PRODUCTS AND THEIR ORDERING

1. Store www.mampsaicoteraz.shop sells Products via the Internet.
2. Products offered in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.
3. The information on the Store’s website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Product under the terms and conditions stated in its description.
4. The Product price shown on the Store’s website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The price of the Product shown on the Store’s website is binding at the time the Customer places the Order. This price will not change regardless of changes in Store prices that may occur for individual Products after the Customer places an Order.
6. Orders can be placed through the website using the Order Form (Shop www.mampsaicoteraz.shop) – 24 hours a day, all year round.
7. In order to place an Order, the Customer is required to register an Account in the Store.
8. The condition for placing an Order in the Store by the Customer is to read the Terms and Conditions and accept their provisions at the time of placing the Order.
9. Products on promotion (sale) have a limited number of units and Orders for them will be processed in the order they are received until the stock of the Product is exhausted.

§4

CONCLUSION OF THE SALES CONTRACT

1. In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller, in accordance with § 3 item 6 and 8 of the Regulations.
2. Once the Order is placed, the Seller immediately confirms its receipt.
3. Confirmation of acceptance of the Order, referred to in Section 2 of this paragraph, binds the Customer to its Order. Confirmation of receipt of the Order is made by sending an e-mail.
4. Confirmation of receipt of the Order includes:

4.1. Confirmation of all essential elements of the Order,

4.2. link to the withdrawal form,

4.3. a link to these Terms and Conditions containing instructions on the right to withdraw from the contract.

5. As soon as the Customer receives the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
6. Each Sales Contract will be confirmed by a proof of purchase, which will be attached to the Product and/or sent by e-mail to the Customer’s e-mail address provided in the Order Form.

§5

METHODS OF PAYMENT

1. The seller provides the following payment methods:

1.1. Payment by traditional transfer to the Seller’s bank account,

1.2. payment through an electronic payment system (BlueMedia, PayNow).

2. In the case of payment by traditional transfer, the payment should be made to the bank account number: 25 1140 2004 0000 3702 8175 1687 (Bank mBank S.A.) MAM PSA. I CO TERAZ? MAŁGORZATA KACZMAREK, Paprotnia 82a, 98-161 Zapolice, NIP: 7851770575. Please write “Order No. …” in the title of the transfer.
3. In the case of payment through an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
4. The Customer is obliged to pay the price of the Sales Agreement within 7 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. The product will be shipped only after it has been paid for.

§6

COST, TIMING AND DELIVERY METHODS OF THE PRODUCT

1. Delivery costs of the Product, which are covered by the Customer, are determined during the process of placing the Order and depend on the choice of payment method and delivery method of the purchased Product.
2. The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:

2.1. The time of completion of the Products is up to 2 working days from the moment:

1. a) posting of funds paid under the Sales Agreement on the Seller’s account or
2. b) positive authorization of the transaction by the electronic payment system.

2.2. Delivery of Products that are movable items by the carrier shall be made within the time declared by the carrier, i.e. Up to 5 working days from the moment of shipment (delivery takes place only on working days excluding Saturdays, Sundays and holidays).

3. Products purchased from the Store are shipped via parcel or courier service.
4. Digital Content not saved on a durable medium is sent to the e-mail address indicated by the Customer in the Order Form.
5. Products purchased from the Store, the Customer may pick up in person after prior email contact.

§7

PRODUCT COMPLAINT

1. Warranty claim.

1.1. Products that are movable goods offered in the Store have a warranty valid in the territory of the Republic of Poland,

1.2. The warranty period for the Products is 12 months and is calculated from the date of delivery of the Product to the Customer,

1.3. The document entitling to warranty protection is the warranty card or proof of purchase,

1.4. The warranty does not exclude the rights of the Consumer and the entities referred to in § 10 of the Terms and Conditions under the warranty for physical and legal defects of the Product, as defined in the Civil Code.

2. Warranty Claim.

2.1. The basis and scope of the Seller’s liability to a Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions under a warranty covering physical and legal defects are set forth in the Civil Code Act of April 23, 1964.

2.2. Notification of defects concerning the Product and submission of the corresponding request can be made by e-mail to: wsparcie@mampsaicoteraz.com or in writing to the address: Paprotnia 82a, 98-161 Zapolice.

2.3. In the above written or electronic message, as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.

2.4. For evaluation of physical defects of the Product, it should be delivered to the address: Paprotnia 82a, 98-161 Zapolice.

2.5. The Seller will respond to the Customer’s request immediately, but no later than within 14 days of the complaint.

2.6. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance. In connection with a legitimate complaint of a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one.

2.7. The answer to the complaint shall be provided on paper or other durable medium, e.g. email or SMS.

§8

RIGHT OF WITHDRAWAL

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has concluded a contract remotely, may withdraw from it without giving reasons, making a relevant statement within 14 days. Sending a statement of withdrawal is sufficient to meet this deadline.
2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions are obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiration.
3. In case of withdrawal from the Sales Contract, the Product should be returned to the address: Paprotnia 82a, 98-161 Zapolice.
4. The consumer or the entity referred to in § 10 of the Regulations shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to ascertain the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Products only in the same manner as they would do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product plus the cost of its delivery using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions have expressly agreed to a different method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the return will be made immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions have chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Store, the Seller is not obliged to reimburse them, the additional costs incurred by them.
7. If the Seller has not offered to collect the Product itself from the Consumer or the entity referred to in § 10 of the Terms and Conditions, the Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer or the entity referred to in § 10 of the Terms and Conditions provides proof of its return, whichever event occurs first.
8. The consumer or the entity referred to in § 10 of the Terms and Conditions, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall bear only the cost of returning the Product to the Seller.
9. The fourteen-day period in which the Consumer or the entity referred to in § 10 of the Regulations may withdraw from the contract shall be calculated from the date on which the Consumer or the entity referred to in § 10 of the Regulations took possession of the Product, and in the case of services from the date of conclusion of the contract.
10. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer or the entity referred to in § 10 of the Regulations, in the case of a Sales Agreement:

10.1 in which the subject of the service is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs,

10.2 in which the subject of performance are things that, after delivery, due to their nature, become inseparable from other things,

10.3 in which the subject of performance is a service, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of performance that after the performance by the Seller will lose the right to withdraw from the contract,

10.4 in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,

10.5 on the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.

11. The right of withdrawal from the Sales Agreement is granted to both the Seller and the Customer, in case of failure of the other party to the agreement to perform its obligation within a strictly defined period.

§9

PROVISIONS FOR ENTREPRENEURS (B2B)

1. This paragraph contains provisions that apply only to entrepreneurs not covered by the protections of the Consumer Rights Act, as referred to in § 10 of the Regulations..
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit, with respect to Customers who are not consumers, the methods of payment made available by him, including requiring prepayment of part or all of the sales price regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
4. The benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer at the time the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the moment of acceptance of the Product for transport until delivery to the Customer, as well as for the delay in transportation of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the carrier’s liability.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

§10

PROVISIONS FOR ENTREPRENEURS ON THE RIGHTS OF CONSUMERS

1. A sole proprietor (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Sales Contract he concludes with the Seller is not of a professional nature.
2. The business person referred to in paragraph 1 of this section is covered only to the extent:

2.1. Forbidden contractual provisions – the so-called. abusive clauses,

2.2. liability under warranty for physical and legal defects of the Product, in accordance with § 7 of the Terms and Conditions,

2.3. the right to withdraw from a contract concluded remotely, in accordance with § 8 of the Regulations.

3. The entrepreneur referred to in paragraph 1 of this section loses his rights under consumer protection in the event that the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of this entrepreneur in the Central Registration and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated there.
4. Entrepreneurs referred to in paragraph 1 of this section are not covered by the institutional protection provided for Consumers by county consumer ombudsmen as well as the President of the OCCP.

§11

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider allows through the Store to use Electronic Services such as:

1.1. Conclusion of Product Sales Agreements,

1.2. maintaining an Account in the Store,

1.3. Opinion System,

1.4. sending a message through the Contact Form.

2. Provision of Electronic Services to Service Recipients in the Store is carried out under the terms and conditions set forth in the Regulations.
3. The Service Provider has the right to post advertising content on the Store’s website. This content, is an integral part of the Store and the materials presented in it.

§12

TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:

2.1. The contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Store is concluded for a definite period of time and is terminated at the time the Order is placed or the Customer ceases to place it,

2.2. The agreement for the provision of Electronic Services consisting of maintaining an Account in the Store is concluded for an indefinite period of time,

2.3. The contract for the provision of Electronic Services consisting of the use of the Opinion System is concluded for a definite period of time and is terminated upon the posting of an opinion or discontinuation of the use of this Service by the Customer,

2.4. The contract for the provision of Electronic Services consisting of enabling the Customer to send a message to the Service Provider via the Contact Form is concluded for a definite period of time and is terminated when the message is sent or the Customer stops sending it.

3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:

3.1. A computer (or mobile device) with Internet access,

3.2. email access,

3.3. web browser,

3.4. Enabling Cookies and Javascript in your web browser.

4. The Customer is obliged to use the Store in a manner consistent with the law and good morals with a view to respecting the personal rights and intellectual property rights of third parties.
5. The recipient is obliged to enter data in accordance with the facts.
6. The Customer is prohibited from providing unlawful content.

§13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services through the Store, the Customer may submit via e-mail to the address: wsparcie@mampsaicoteraz.com
2. In the above email, provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
3. Processing of complaints by the Service Provider shall be carried out immediately, no later than within 14 days from the date of notification.
4. The Service Provider’s response to the complaint shall be sent to the email address of the Service Recipient provided in the complaint or in any other manner provided by the Service Recipient.

§14

TERMS AND CONDITIONS OF TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES

1. Termination of the contract for the provision of Electronic Services:

1.1. The contract for the provision of Electronic Services of a continuous and unlimited nature (maintenance of the Account) may be terminated.

1.2. The Customer may terminate the contract with immediate effect and without indicating the reasons by sending a relevant statement via e-mail to: wsparcie@mampsaicoteraz.com or by deleting the Account,

1.3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and perpetual nature in the event that the Customer violates the Terms and Conditions, in particular, when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate deadline. The contract in such a case expires after 7 days from the date of the declaration of intent to terminate the contract (notice period).

1.4. Termination leads to the termination of the legal relationship with effect for the future.

2. The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

§15

INTELLECTUAL PROPERTY

1. All content posted on the website at www.mampsaicoteraz.shop enjoys copyright protection and (subject to § 15 item 3) Are Małgorzata Kaczmarek doing business under the company MAM PSA. I CO TERAZ? MAŁGORZATA KACZMAREK entered in the Central Registration and Information on Business Activity of the Republic of Poland conducted by the minister responsible for economy, place of business and address for service: Paprotnia 82a, 98-161 Zapolice, NIP: 7851770575, REGON: 362591963. The Service Recipient shall be fully liable for any damage caused to the Service Provider, resulting from the use of any content of www.mampsaicoteraz.shop, without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.mampsaicoteraz.shop constitutes an infringement of the Service Provider’s copyright and will result in civil and criminal liability.
3. All trade names, Product names, company names and their logos used on the Store’s website at www.mampsaicoteraz.shop belong to their owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.mampsaicoteraz.shop are used for informational purposes.

§16

FINAL PROVISIONS

1. Contracts concluded through the Store are concluded in accordance with Polish law.
2. In the event that any part of the Regulations is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Contracts between the Store and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Law on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent court of general jurisdiction in accordance with Section 4 of this paragraph.
4. Judicial settlement of disputes:

4.1. Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in §10 of the Regulations shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964. (Journal of Laws No. 43, item 296 as amended).

4.2. Any disputes arising between the Service Provider and the Customer (Client) who is not also a Consumer, referred to in §9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the seat of the Service Provider.

5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.
6. In order to resolve a dispute amicably, a consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.