§1
General
1. The Internet store Magabi [“Store”] engages in retail selling via the Internet pursuant to the present set of rules [“Rules”].
2. The owner of the Store is based in Poland, ul. Rataja 8/22, 87-162 Lubicz Górny, NIP (tax ID): 8792683331, tel. +48 668 766 838, e-mail: sklep@magabi.pl.
3. The Rules are an integral part of the contract of sale concluded with the Customer.
4. The conclusion of a contract of sale is conditional on the Customer’s accepting the Rules.
5. Prices given in the Store are gross prices (they include VAT).
6. The goods available from the Store are free of physical and legal defects.
§2
Orders
1. Orders can be placed in the following manner:
a) using the form available on the Store’s website,
b) by e-mail to the address available on the Store’s website,
c) by telephone on the numbers intended for the placing of orders, available on the Store’s website on the Contact tab.
2. A condition for the fulfilment of an order is that the Customer supply data making it possible to verify the Customer and the recipient of the goods. The Store confirms acceptance of an order by e-mail or telephone. The Store has the right to refuse to accept an order, to restrict the method of payment or demand an advance payment, if the order gives rise to justified doubts as to the accuracy and reliability of the data supplied or the method of payment.
3. The parties are bound by the information given on the Store’s website next to the purchased product at the time of placement of the order, in particular the price, product description, product features, elements included in the set, and time and method of delivery.
4. The information on the Store’s website does not constitute an offer within the meaning of the Polish Civil Code. When placing an order, the Customer makes an offer to purchase the specified goods. The contract of sale is concluded when the Order is confirmed by the Customer by clicking the confirmation link in the e-mail sent to the Customer by the Store.
§3
Payments
1. You use any method of payment available on “Methods of payments” tab on the store website.
2. Shipping prices are specified in the delivery price list.
3. The giving up of goods is conditional on payment for the goods and shipping.
4. If the order is not paid within 5 days of its submission, it will be canceled.
§4
Dispatch of goods
1. The Store sends ordered goods through delivery firms (e.g. the Polish Post Office or a courier firm).
2. In case of a payment card payment a lead time shall be counted from the date of a positive authorization of transaction by bank.
3. In case of payment by any method other than cash on delivery, the time until dispatch is lengthened by the period between the placement of the order and the date on which the due amount is credited to the Store’s bank account.
4. The recipient is responsible for checking the contents of the parcel at the courier and, in the event of a loss or damage, writing a damage report at the courier. The damage report is the basis for receiving compensation from the courier company and refund by Magabi Sylwia Ciesielska to the recipient (customer/contractor).
§5
Customer complaints
1. A customer complaint is accepted on the basis of the Customer’s presentation of proof of purchase of the goods (till receipt or VAT invoice).
2. If the goods are not in accordance with the contract, the Customer should send the defective goods back to the Store together with a description of the defects.
3. The Store will take a decision on a Customer complaint within 14 working days of the time when the goods are returned together with a description of the defects. If verification of the defects requires an expert’s opinion or representative of the manufacturer of the goods, the time available for the Store to take a decision is extended by the time taken for the Store to obtain such an opinion.
4. If the resolution of a justified complaint involves sending a new product to the Customer or remedying the defects, the costs of delivery will be paid by the Store.
5. Individual settings of the Customer’s computer and monitor causing erroneous or distorted display of information about goods (e.g. colours) cannot form the basis for a complaint.
6. In the event of loss/damage to the parcel/contents of the parcel, the money will be refunded after the complaint procedure is completed at the courier company or the agent.
§6
Right to renounce the contract
1. Pursuant to the Act on Consumer Rights of May 30, 2014, a customer who is a Consumer has the right to withdraw from an off-premises contract.
2. The Customer who is a Consumer may withdraw from the sales contract without giving a reason by submitting an appropriate declaration in writing (e-mail) within 14 (fourteen) days from the date of delivery. To meet this deadline, it is enough to send a declaration before its expiry.
3. In the event of effective withdrawal from the sales contract, the contract is considered null and void. The customer is obliged to return the purchased goods immediately, no later than within 14 (fourteen) days of making the declaration of renunciation of the contract. The returned goods should be intact, meaning in particular that they should be complete, without signs of use. The costs of delivery are paid by the Customer.
4. Within 14 days of the customer’s withdrawal from the contract, the Store Owner returns the amount paid to the customer.
5. The customer is not entitled to the right of withdrawal in the cases specified in the Act referred to in section 1 above, so in the cases:
- provision of services which were commenced, with the Customer’s consent, prior to the elapse of the period allowed for renunciation (this applies to cases of service provision, not sale of goods),
- audio and visual recordings and those stored on computer data media after the Customer has removed their original packaging,
- contracts relating to consideration for which the price or remuneration depends solely on the movement of prices on a financial market,
- consideration having properties specified by the Customer in his or her order or with a close connection to the Customer’s person,
- consideration which in view of its nature cannot be returned or is subject to rapid deterioration,
- delivery of press publications,
- services relating to gambling.
6. Accordingly, items made to special order and all products modified to suit the customer’s needs (e.g. clothes outside the standard sizes), which are not in the store’s regular offer, cannot be returned.
§7
Protection of privacy
1. When placing an order the Customer consents to the processing of his or her personal data solely for the purpose of fulfilment of the order.
2. The Customer may also give separate consent to receive advertising and promotional materials, including a trade newsletter, from the Store.
3. The Customer has the right to inspect and correct his or her data and to demand its deletion.
§8
Intellectual property
It is not permissible to use any materials published on the Store’s website (including photographs and descriptions of goods) without the Store’s written consent.
§9
Effective date and changes to the Rules
1. The Rules shall come into effect as of the day on which they are published on the Store’s website.
2. The Store reserves the right to make changes to the Rules, which shall come into effect as of the day on which they are published on the Store’s website. Contracts concluded prior to a change to the Rules shall be subject to the version of the Rules effective on the date on which the Customer placed the Order.