Shop rules

RULES OF THE MAMIIU ONLINE SHOP
 
The rules provide, among others, for terms and conditions for entering into sales agreement, key information about the Seller, the Shop and the Consumer’s rights.

 

CONTENTS

§1 Definitions
§2 Contact with the Seller
§3 Technical requirements
§4 Shopping at the Shop
§5 Terms of payment
§6 Order fulfilment
§7 Right of withdrawal
§8 Exceptions to the right of withdrawal
§9 Complaints
§10 Personal data
§11 Reservations
§12 Regulations on buyers not being consumers

Appendix No 1: Draft withdrawal form

 

§1 DEFINITIONS

Business Days: days from Monday to Friday, excluding statutory non-business days.

Account: a free function of the Shop (a service provided in an electronic way), which is defined in separate rules, thanks to which the Buyer can open an individual Account with the Shop. Consumer a consumer within the meaning of the Civil Code.

Buyer: any entity buying goods from the Shop.

Rules: these sales rules.

Shop: an online Mamiiu shop operated by the Seller at https://mamiiu.com.

Seller: MARTA AGNIESZKA DRÖGE, a sole trader operating under the name of MAMIIU MARTA DRÖGE, entered in the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej) kept by the minister in charge of economy and the operation of the Central Registration and Information on Business, VAT No (NIP) 9490116541, statistical ID (REGON) 369932829, ul. Wróbli 32A/11,40-534 Katowice.

 

§2 CONTACT WITH THE SELLER

 

1.     Address: ul. Wróbli 32A/11, 40-534 Katowice.

2.     E-mail: info@mamiiu.com

3.     Telephone: 668 451 113

 

§3 TECHNICAL REQUIREMENTS

 

1.     For the proper operation of the Shop, you need:

·       a device with an Internet access;

·       an Internet browser that operates JavaScript and cookies.

2.     To make an order with the Shop, apart from the requirements set out in Section 1 above, an active electronic mail account is necessary.

 

§4 SHOPPING AT THE SHOP

 

1.     Prices of goods visible at the Shop are total prices including VAT.

2.     Please, note that the total price of an order is made of the price of the goods, as specified at the Shop, and the cost of delivery, if applicable.

3.     The goods you choose must be added to the trolley.

4.     Then, the Buyer chooses a manner of delivery and a method of payment from those made available by the Shop. Data necessary to meet the order must be also given.

5.     The order is deemed to be placed when the content of the order is confirmed and these Rules are accepted by the Buyer.

6.     The moment the order is placed, a sales agreement between the Buyer and Seller is deemed to be entered into.

7.     The Seller will deliver a confirmation of the sales agreement to the Consumer in a durable medium at the latest with the delivery of goods.

8.     The Buyer may register with the Shop by opening an Account. To do shopping at the Shop, you must register with the Shop by opening the Account.

 

§5 TERMS OF PAYMENT

 

1.     At the Buyer’s discretion, the order may be paid:

2.     with a payment card:

·       Visa

·       Visa Electron

·       MasterCard

·       MasterCard Electronic

·       Maestro

1.     via a payment platform:

·       Przelewy24

2.     If the Buyer chooses payment in advance, the order must be paid within 1 Business Day of the order placement date.

3.     In the case of certain methods of payment, given their specific nature, the order may only be paid directly upon the placement.

4.     Doing shopping at the Shop, the Buyer accepts the fact that the Seller uses electronic invoices. The Buyer has the right to withdraw the Buyer’s acceptance.

 

§6 ORDER FULFILMENT

 

1.     The Seller must deliver non-defective goods.

2.     The order will be fulfilled within 2 Business Days.

3.     If the Buyer has chosen payment in advance, the Seller will start meeting the order upon payment.

4.     If under one order the Buyer has bought goods goods of different delivery dates, the order will be met within the delivery period applicable to the goods of the longest delivery date.

5.     Countries where the goods can be delivered:

·       Poland

·       Austria

·       Belgium

·       Bulgaria

·       Croatia

·       the Czech Republic

·       Denmark

·       Estonia

·       Finland

·       France

·       Spain

·       the Netherlands

·       Ireland

·       Lithuania

·       Luxembourg

·       Monaco

·       Germany

·       Norway

·       Portugal

·       Romania

·       Switzerland

·       Sweden

·       Slovakia

·       Slovenia

·       the United Kingdom

·       Hungary

·       Italy

·       Latvia

6.     The goods bought from the Shop are delivered in the way chosen by the Buyer:

7.     by courier;

8.     by Polish Post.

9.     If the Buyer would like the goods to be delivered to a country other than specified in Section 5 above, a relevant inquiry should be sent to the Seller to agree on the cost of delivery.

 

§7 RIGHT OF WITHDRAWAL

 

1.     The Consumer has the right to withdraw from the agreement entered into with the Seller via the Shop, subject to § 8 hereof, within 14 days without reason.

2.     The withdrawal period expires 14 days of:

3.     the day the Consumer or a third party other than a carrier and indicated by the Consume has come into possession of the goods;

4.     the day the Consumer or a third party other than a carrier and indicated by the Consume has come into possession of the last thing of the goods in the case of an agreement providing for the transfer of property rights to many things which are delivered separately.

5.     To exercise the right of withdrawal, the Consumer must notify the Seller, using the data given in 
2 hereof, of the Consumer’s decision of withdrawal in the form of a single statement (e.g. a letter sent by mail or a message sent by e-mail).

6.     The Consumer may, but is not obliged to, use the withdrawal form attached hereto.

7.     To meet the withdrawal deadline, it is enough that the Consumer sends the statement of withdrawal before the end of the withdrawal period.

 

CONSEQUENCES OF WITHDRAWAL

 

6.     In the event of withdrawal, the Seller will return the Consumer all payments, including delivery costs (except for additional costs arising from the method of delivery chosen by the Consumer, if other than the cheapest ordinary delivery offered by the Seller) immediately, however no later than within 14 days of the day the Seller has been notified of the Consumer’s withdrawal decision.

7.     The Seller will refund the payments by the used of the same method of payment as the one used by the Consumer during the original transaction, unless the Consumer accepts a different solution. However, the Consumer will never be charged for return fees.

8.     The Seller may withheld the refund of the payment until it receives the goods or an evidence that the goods have been shipped, whichever is earlier.

9.     The goods should be returned to the following address: ul. Wróbli 32A/11, 40-534 Katowice, immediately, however no later than within 14 days of the day the Consumer has notified the Seller of the withdrawal. This time limit is deemed to be complied with if the Consumer sends the goods before the end of the 14-day period.

10.  The Consumer pays direct costs of the return of the goods.

11.  The Consumer is only responsible for the reduction of the value of the goods stemming from their use otherwise than necessary to check their character, properties and functionality.

12.  If the goods, given their character, cannot be returned in the ordinary way by mail, the Consumer will also pay direct costs of the return. The Consumer will be informed about the estimated amount of such costs by the Seller in the description of the goods in the Shop or while the order is made.

13.  If it is necessary to refund the payment for a payment card transaction, the Seller will make the refund into the bank account of the Buyer’s payment card.

 

§8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

 

1.     The right of withdrawal from the distance agreement does not apply to Consumers with regard to, among others, an agreement:

2.     which provides for the delivery of a thing which has been produced specially in accordance with the Consumer’s specification or is used to meet the Consumer’s individual needs;

3.     which covers a thing that is delivered in the sealed packaging and which, when unpacked, cannot be returned because of health protection or for sanitary reasons, if the packaging has been opened upon delivery;

4.     which provides for the delivery of things which, when delivered, are, given their nature, inseparably connected with other things.

 

§9 COMPLAINTS

 

1.     In the case of a defect, the Buyer has the right to complain about defective goods on the basis of statutory warranty regulations of the Civil Code or a guarantee, if any.

2.     Under the statutory warranty, the Buyer may, under terms and conditions set out in the Civil Code:

3.     submit a statement on price reduction;

4.     in the case of substantial defect, submit a statement on withdrawal from the agreement;

5.     request that the goods are replaced with non-defective goods;

6.     request that the defect is removed.

7.     Complaints under the statutory warranty should be submitted to the address or e-mail specified in § 2 hereof.

8.     If it turns out that to analyse the complaint the goods subject to such a complaint must be delivered to the Seller, the Buyer must deliver the goods, in the case of the Consumer at the Seller’s cost, to: ul. Wróbli 32A/11, 40-534 Katowice.

9.     If the goods are subject to an additional guarantee, the information about such guarantee, including terms thereof, is available in the product description at the Shop.

10.  All complaints concerning the operation of the Shop must be delivered by e-mail to the address specified in § 2 hereof.

11.  The Seller will respond to the complaint within 14 days.

 

NON-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES

 

8.     If the complaint procedure is unsuccessful for the Consumer, the Consumer may take advantage, for example, of:

9.     Mediation conducted by a competent Provincial Commercial Inspection Unit (Wojewódzki Inspektorat Inspekcji Handlowej), where a request for mediation must be filed. The mediation is free as a rule. The list of inspection units is available on

https://www.uokik.gov.pl/wazne_adresy.php#faq595.

1.     Aid of a competent permanent consumer arbitration court operating at the Provincial Commercial Inspection Unit, where a request for arbitration procedure must be filed. The arbitration procedure is free as a rule. The list of arbitration courts is available on https://www.uokik.gov.pl/wazne_adresy.php#faq596,

2.     Free aid of a consumer ombudsman of the city or county.

3.     An online ODR platform available on http://ec.europa.eu/consumers/odr/.

 

§10 PERSONAL DATA

 

1.     The Seller is a data controller of personal data provided by the Buyer during the use of the Shop.

2.     The Buyer’s personal data are processed on the basis and for the purpose of the agreement in accordance with principles set out by the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information about data processing by the Seller is set out in the Privacy Policy of the Shop.

 

§11 RESERVATIONS

 

1.     The Buyer must not provide illegal contents.

2.     Each order placed with the Shop constitutes a separate sales agreement and is subject to the acceptance of these Rules. The sales agreement is entered into for the purpose and term of the order.

3.     All agreements entered into hereunder are made in Polish.

4.     All disputes with the Buyer not being the Consumer will be resolved by a court having jurisdiction over the Seller.

5.     None of the provisions hereof excludes or limits the Consumer’s rights set out by law.

 

§12 REGULATIONS ON BUYERS NOT BEING CONSUMERS

 

1.     The right of withdrawal from the distance agreement does not apply to entities other than Consumers.

2.     The Seller’s liability towards the Buyer not being the Consumer is limited to an amount of an order made by the Buyer.

3.     The Seller’s liability under the statutory warranty towards the Buyer not being the Consumer is limited to one year of the goods delivery to the Buyer.

4.     All disputes with the Buyer not being the Consumer will be resolved by a court having jurisdiction over the Seller.

 

Appendix No 1 to the Rules

RULES OF THE ACCOUNT AT THE MAMIIU SHOP
 
CONTENTS

§1 Definitions
§2 Contact with the Seller
§3 Technical requirements
§4 Account
§5 Complaints
§6 Personal data
§7 Reservations

 

 

§1 DEFINITIONS

 

Account: a free function of the Shop (a service), which is set out herein, thanks to which the Buyer can open an individual Account with the Shop.

Buyer: any entity buying goods from the Shop.

Shop: an online Mamiiu shop operated by the Seller at https://mamiiu.com.

Seller: a sole trader operating under the name of MAMIIU MARTA DRÖGE, entered in the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej) kept by the minister in charge of economy and the operation of the Central Registration and Information on Business, VAT No (NIP) 9490116541, statistical ID (REGON) 369932829, ul. Wróbli 32A/11, 40-534 Katowice.

 

§2 CONTACT WITH THE SELLER

 

1.     Address: ul. Wróbli 32A/11, 40-534 Katowice.

2.     E-mail: info@mamiiu.com

3.     Telephone: 668 451 113

 

§3 TECHNICAL REQUIREMENTS

 

1.     For the proper operation and opening of the Account, you need:

·       an active e-mail address;

·       a device with an Internet access;

·       an Internet browser that operates JavaScript and cookies.

 

§4 ACCOUNT

 

1.     The Account is opened voluntarily at the Buyer’s discretion, but it is necessary to do shopping at the Shop.

2.     The Account also enables the Buyer to browse the history of the Buyer’s orders with the Shop, check the status of orders or edit the Buyer’s data.

3.     To open the Account, a relevant form must be filled out in the Shop.

4.     The moment the Account is opened, an account agreement is deemed to be entered into between the Buyer and Seller under terms and conditions set out herein.

5.     The Buyer may resign from the Account at any time without any cost.

6.     To resign from the Account, a resignation letter should be sent to the Seller by e-mail to info@mamiiu.com. The Account will be deleted immediately and the account agreement will be terminated.

 

§5 COMPLAINTS

 

1.     All complaints concerning the operation of the Account should be sent by e-mail to info@mamiiu.com.

2.     The Seller will respond to the complaint within 14 days.

 

NON-COURT COMPLAINT HANDLING AND CLAIM PROCEDURES

 

3.     If the complaint procedure is unsuccessful for the Consumer, the Consumer may take advantage, for example, of:

4.     Mediation conducted by a competent Provincial Commercial Inspection Unit (Wojewódzki Inspektorat Inspekcji Handlowej), where a request for mediation must be filed. The arbitration procedure is free as a rule. The list of inspection units is available on

https://www.uokik.gov.pI/wazne_adresy.php#faq595.

1.     Aid of a competent permanent consumer arbitration court operating at the Provincial Commercial Inspection Unit, where a request for arbitration procedure must be filed; The arbitration procedure is free as a rule. The list of arbitration courts is available on https://www.uokik.gov.pI/wazne_adresy.php#faq596,

2.     An online ODR platform available on http://ec.europa.eu/consumers/odr/.

 

§6 PERSONAL DATA

 

1.     The Seller is a data controller of personal data provided by the Buyer during the use of the Shop.

2.     The Buyer’s personal data are processed on the basis and for the purpose of the agreement in accordance with principles set out by the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information about data processing by the Seller is set out in the Privacy Policy of the Shop.

 

§7 RESERVATIONS

 

1.      The Buyer must not provide illegal contents.

2.      The account agreement is made in Polish.

3.       In the event of the occurrence of important reasons referred to in Section 4 hereof, the Seller has the right to amend these Rules.

4.      Important reasons referred to in Section 3 above include:

         1.   a need to adjust the Shop to legal regulations applicable to the operation of the Shop;

         2.   an improvement of service security;

         4.   a change in the functionality of the Account subject to modifications in these Rules.

5.     The Buyer will be informed about the planned amendment to these Rules at least 7 days in advance by e-mail to be sent to the address assigned to the Account.

6.     If the Buyer does not accept the planned amendment, the Seller must be notified by e-mail at info@mamiiu.com. In such a case, the account agreement is terminated as of the enforcement of the amendment or earlier if this is requested by the Buyer.

7.     If the Buyer does not object to the amendment as at the enforcement date, the Buyer is deemed to have accepted the amendment, however without prejudice to the termination of the agreement in future.

8.     All disputes with the Buyer not being the Consumer will be resolved by a court having jurisdiction over the Seller.

9.     None of the provisions hereof excludes or limits the Consumer’s rights set out by law.

 

                                    RULES OF NEWSLETTER OF THE MAMIIU SHOP
 
§1 DEFINITIONS

Newsletter: a free service provided by e-mail, thanks to which the Customer may receive pre-ordered messages concerning the Shop from the Service Provider by electronic mail, including information about offers, promotions and novelties at the Shop.

Shop: an online Mamiiu shop operated by the Service Provider at https://mamiiu.com.

Service Provider: a sole trader operating under the name of MAMIIU MARTA DRÖGE, entered in the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej) kept by the minister in charge of economy and the operation of the Central Registration and Information on Business, VAT No (NIP) 9490116541, statistical ID (REGON) 369932829, ul. Wróbli 32A/11, 40-534 Katowice.
Customer: any entity using the Newsletter service.

 

§2 NEWSLETTER

 

1.     The Customer may use the Newsletter service on a voluntary basis.

2.     To receive the Newsletter, a device with an Internet browser of the latest version which operates JavaScript and cookies, an Internet access and active e-mail account are necessary.

3.     E-mail messages sent under this service will be sent to the e-mail address given by the Customer as at the Newsletter subscription.

4.     To enter into the agreement and subscribe the Newsletter service, at first the Customer gives, in the place specified on the website, the Customer’s e-mail address to which Newsletters are to be sent.
Then, the Service Provider sends an e-mail verification message, with a link for the Customer to confirm the Newsletter subscription, to the e-mail address given at the first step. When the Customer confirms the subscription, the service agreement is deemed to be entered into and the Service Provider starts providing the service to the Customer.

5.     Newsletter messages will contain information about possible unsubscribing and a related link.

6.     The Customer may unsubscribe without reason or cost at any time by the use of the option referred to in Section 5 or by sending a message to the Service Provider’s e-mail to info@mamiiu.com

7.     When the Customer uses the link to unsubscribe or sends a request for unsubscribing the Newsletter, the service agreement is deemed to be terminated immediately.

 

§3 COMPLAINTS

 

1.     Complaints concerning Newsletter must be delivered to the Service Provider by e-mail to info@mamiiu.com

2.     The Service Provider will respond to the complaint within 14 days.

 

§4 PERSONAL DATA

 

1.     The Service Provider is a data controller of personal data provided by the Customer during the use of the Newsletter.

2.     The Customer’s personal data are processed on the basis and for the purpose of the agreement in accordance with principles set out by the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information about data processing by the Seller is set out in the Privacy Policy of the Shop.

 

§5 MISCELLANEOUS

 

1.     The Service Provider reserves the right to amend these Rules solely for serious reasons. A serious reason means a need to amend the Rules because of the modernisation of the Newsletter service or an amendment to legal regulations which has an impact on service provision by the Service Provider.

2.     The notice of the planned amendment to these Rules will be sent to the Customer by e-mail to the address specified during the Newsletter subscription procedure at least 7 days before the enforcement of the amendment.

3.     If the Customer does not object to the planned amendments as at the enforcement date, they are deemed to be accepted.

4.     If the Customer does not accept the planned amendments, the Service Provider should be notified by e-mail to info@mamiiu.com. In this case the service agreement is deemed to be terminated as of the enforcement of the amendments.

5.     The Customer must not provide illegal contents.

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