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REGULATIONS OF THE ONLINE SHOP

26.10.2020

           GENERAL INFORMATIONS:

  • Private partnership Czajkowski Sp. z o. o. conducts an online store on the address https://www.4mara.com . with its registered office in Wrocław, ul. Białoskórnicza 15-16, 50-134 Wrocław, XIII Commercial Division under KRS number 0000571214, VAT-ID: PL 8971812319, and REGON number: 362284020, phone number: +48 734485403, e-mail: galeria@4mara.com 
  • These terms and conditions for the provision of the online shop services https://www.4mara.com are addressed to both consumers and entrepreneurs. The provisions of the Rules of Procedure do not deprive consumers and entrepreneurs of their rights under mandatory Polish law.
  • The administrator of personal data processed in connection with the business shop and implementation of the provisions of the regulations is the Service Provider. Provision of personal data is voluntary. Any person who has submitted personal data has the right to access the content of such data and the right to supplement, correct and amend them any time. Detailed rules on the processing of personal data of consumers are set out in the ‘Privacy Policy’- annex to these Regulations, which form an integral part thereof, and the ‘Cookies Policy’, also annexed to the Regulations.
DEFINITIONS

Administrator/Seller – Czajkowski Sp. z o.o. with its registered office in Wrocław, ul. Białoskórnicza 15-16 lok.1, 50-134 Wrocław, XIII Commercial Division under KRS number 0000571214, NIP number 8971812319, and REGON number: 362284020, owner and administrator of http://www.4mara.com online store, phone number: +48 734485403.

Client –A person who employs or retains an attorney to represent him or her in any legal business; to assist, to counsel, and to defend the individual in legal proceedings; and to appear on his or her behalf in court.

Consumer – Client being a natural person who makes purchases in the Store in the scope not related to the person’s business or professional activity

Entrepreneur – a person engaged in commercial or industrial business (especially an owner or executive) man of affairs.

Goods – movable items presented in the online shop, which may be the subject of a contract of sale.

Electronically supplied services – services provided by vendors to customers through an online shop.

Account – collection of resources in the information and communication system of the Seller, marked with an individual name (login) and password provided by the Client, where the data provided by the Client and information concerning his/her placed orders in the Store are collected.

Order – customer’s declaration of will expressed with the Store’s functionality, indicating e.g.: type and quality of the Product available in the Store at the time of the Order, price, place of the Product’s delivery, Client’s data. The Order constitutes an offer to enter the agreement on the purchase of the Product of parameters expressed in the order.

ELECTRONICALLY SUPPLIED SERVICES
  1. By the term electronically supplied services are meant A) The registration form for an individual customer account B) the order form
  2. A) Purchase through Online Shop is possible without individual customer account assumption, or after having registered such an account in an online shop via the registration form for an individual customer account. Individual customer account is opened by clicking on the ‘Registration’ link, which transfers to the customer registration account form, that must be filled in and accepted the privacy policy.
  3. B) The customer makes an order by logging into his account and filling in the order form. The order is placed as soon as the customer clicks on the ‘Buy with payment obligation’ button.
  4. The use of all services provided by electronic means is free of charge for all customers.
  5. To use the services provided by electronic means it is essential to have computer PC or MAC, web browser and internet access.
  6. When using the services provided by electronic means the customer is obligated to provide personal data and truthful information.
PRODUCTS

All photographs in the product description do not constitute actual photographs of the purchased products, but only their layout patterns. The final appearance of the product, e.g. color, shade, dimensions etc. may differ slightly from the presented design.

TERMS AND CONDITIONS OF AGREEMENT CONTRACT
  1.  Advertisements, price lists information about product, their properties, technical parameters, visual representation of the product in the photo constitute an invitation to conclude a contract in accordance with the Article 71 of the Civil Code.
  2. Sale contact is concluded between Seller and Customer as soon as the customer clicks on the ‘Buy and pay’ button in order form. After making a purchase via the order form, the seller will immediately send a confirmation of the received order to the customer’s e-mail address, which also constitutes acceptance of the customer’s offer.
  3. All prices quoted are gross prices including value added tax, according to applicable national and EU tax regulations, if any/ The price does not include transport costs, which are indicated separately and may depend on the form of shipment chosen by the customer.
  4. The prices quoted next to the products are expressed in Polish Zloty (PLN).
  5. The price of the product becomes binding as soon as the customer clicks ‘Buy and pay’ button.
  6. Possible forms of paying: prepaid through the payment system of the electronic PayU platform, administered by the PayU S.A, registered office in Poznań.
  7. Settlements of transactions by electronic means through the PayU platform are carried out through the Payu transaction service.
  8. The following forms of delivery or receipt of products are possible:
    – prepaid payment with courier delivery
    – personal collection with prepaid payment in Wrocław, Białoskórnicza 15-16
    – personal collection on the spot in cash or by card in Wrocław, Białoskórnicza 15-16
  9. Orders are delivered within the European Union.
  10. Due to the specific nature of the online shop process of placing and fulfilling orders may result in the product of being withdrawn from production or products are out of stock, of which the customer will be immediately informed by e-mail. In this case the order will be processed according to the order of their placement. The customer will be able to choose another product or cancel the order with a refund of the pain amount of money. In the absence of an explicit decision by the customer, the order is cancelled after a period of seven (7) working days, any early payment is returned.
THE RIGHT TO RESIGN FROM AGREEMENT
  1. A consumer who has entered a distance contract may withdraw from it without giving any reason by making an appropriate notice within fourteen (14) days of receiving the product. In order to comply with this deadline,
    it is sufficient to send the declaration before its expiry to an e-mail address: galeria@4mara.com.
  2. The right of withdrawal from distance contract shall not apply to the consumer in the situation:
    a)  if the trader has performed the service in full with the express consent of the consumer, who was informed before the performance began that, once the trader has performed, he will lose the right to withdraw from the contract;
    b)  in which the price is dependent on fluctuations in the financial market over which the undertaking does not have control and which may occur before the end of the period for withdrawal from the contract.
    c)where the benefit is provided by an unprocessed item, produced to the consumer’s specifications or to meet his or her personalized needs.
    d) in which the object matter of the test can quickly spoiled or has short shelf life
    e) the object of the test is delivered in sealed packaging, which cannot be returned for health or hygiene reasons after opening the packaging, if the packaging has been opened after delivery.
    f) in which the objects of the test are things which, by their nature, are inseparable from other things after delivery

g) when the subject matter of the performance is alcoholic beverages, the   price of which has been agreed upon at the time of conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market over which the trader has no control.

h) in which the consumer has expressly requested that the trader come for an urgent repair or maintained, the consumer has the right of withdrawal in respect of additional services or goods.

i) where the subject of the service is audio or visual recordings, or computer programs supplied in sealed packaging if the packaging has been opened after delivery.

j) for the supply of newspapers, periodicals or magazines, except for subscription contracts

k) concluded by public auction

l) for the supply of accommodation services other than for residential purposes, carriage of goods, car rental, catering, leisure, entertainment, sports or cultural events, if the contract specifies a day or period of service

m) for the supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.

3. In the consumer terminates the contract, the contract shall be deemed not to have been concluded and the consumer shall be relieved of all obligations. What the sides have provided is returned unchanged,unless the change was necessary within the limits of ordinary administration.

4.Reimbursement should be made immediately not later than fourteen (14) days.

5. Resign from agreement in case of withdraw by the consumer from agreement as in point VI 1-3, is conducted with the paper

6. In all other cases, the contract may only be terminated by agreement between the seller and the customer or in cases specified by law.

                                                  WARRANTY

    1. The seller is obliged to deliver goods without defects and, regarding the Consumer, is liable for their defects on the principles regulated in Article 556 of the Civil Code (warranty for defects)
    2. Where the customer is an entrepreneur.

a) Liability under the warranty for physical defects is excluded (Article 558 of the Civil Code)

b)The seller’s liability shall cover actual damage

c) The seller’s liability is limited to the order value

d)The seller is not responsible for the actions and omissions of third parties, including couriers, internet services, etc.

COMPLAINTS
  1. . Complaints concerning especially the order’s execution and purchased Products, including the nonconformity of the Product with the Order, and complaints concerning the Store’s provision of services by electronic means, should be reported via e-mail to the following address: sklep@4mara.com or galeria@4mara.com
  2. Proper complaints will be investigated by the Seller within up to 14 days from the moment of the complaint’s receipt
  3. If the data or information provided in the warranty claim needs to be supplemented before the claim is considered or the claim requires the goods to be sent. The seller shall ask the customer submitting the complaint to supplement it to the extent indicated. In such a case, the 14-day period for the complaint consideration starts from the moment the complaint is supplemented.
SHIPPING
  1. Each product is sent through a courier company.
  2. Waiting time for shipment depends on the place of delivery and is on average from 2 to 10 working days from the day of notifying the customer by e-mail about the preparations of the product for shipment. The above-mentioned waiting time does not include services in remote areas. Working days do not include Saturdays, Sundays and public holidays in the countries of broadcast. Transit times given do not include customs clearance.
  3. The seller shall not be liable for any damage caused as a result of improper transport or handling of the product and shall not be liable for any noticeable delays in the shipment from the moment of its sending.
  4. The client is obliged to check the condition of the consignment and product and its completeness at the courier and sign the waybill. In case of founding inconsistent with order placed, damaged or incompleteness, client is obliged to draw up and sign the protocol together with the courier, in which above-mentioned inconsistent will be described. Failure to draw up a report does not deprive the customer of the right to lodge a complaint, however, it will be the customer’s responsibility to prove that any discrepancies were not due to improper transportation, but due to seller’s negligence.
FINAL PROVISIONS
  1. Regulations and Sale Contract are governed by Polish law.
  2. The seller undertakes to make every effort to resolve any disputed situations amicably and for the benefit of the customer
  3. Photographs, information, descriptions etc. displayed in the online shop are the property of the seller and cannot be used by other persons/companies without the consent of the seller.
  4. The Regulations shall enter into force on 26.10.2020.
  5. The changes of the Regulation will be published on the subpage of online shop.
  6. The changes do not concern orders accepted for implementation. The order accepted for realization is subject to regulations valid at the time of order placement.