TERMS AND CONDITIONS - ONLINE SHOP 'BY MIELCZARKOWSKI'

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1. Regulations define the terms and conditions for the provision of electronic services, including the use of the Store and the rights, obligations and conditions of responsibility Vendor and Customer. Regulations also contains information that is required to transfer consumer Seller in accordance with applicable laws, including the Law of 30 May 2014 on consumer rights (Dz.U.2014.827 as amended.).

2. Each customer should be familiar with the Rules. Start using the Store means you accept Rules.

3. The Rules are available on the website of the Store and is available free of charge before the conclusion of the contract. At the request of the Customer Regulations are also made available in a way that allows you to grab, play and consolidating its content via the communication system used by the customer (eg. E-mail).

4. Basic definitions:

1) Terms and Conditions: Online Shop Regulations;

2) Store or Online Shop: Online Shop, run by the Seller at the Internet address www.bymielczarkowski.com;

3) Seller: "MIELCZARKOWSKI" ul. gen. Jaroslaw Dabrowski 1, 95-030 Rzgów, Łódź East County, province. LODZ, HALL NEW STAND G 62, operating under the name "MIELCZARKOWSKI" - KAMIL MIELCZARKOWSKI NIP: 7691952220, REGON: 100309817;

4) Client: natural person who is 18 years of age and has full legal capacity, legal person or an organizational unit without legal personality, but which is liable in its own name, acquire rights and incur obligations, which establishes a legal relationship with the Seller in respect of the activities Store. The customer is also a consumer, if the issue of the lack of separate provisions in relation to the consumer;

5) Consumer: Client who is a natural person making the Seller a legal transaction (purchase), not directly related to its business or professional activity;

6) Goods or product - goods sold in the store, offered by the Seller;

7) Agreement - a distance contract concerning the purchase of the Goods, concluded as a result of the submission by the Customer orders in the store and its acceptance by the Seller;

8) Order - instruction to purchase the Goods made by the Customer using the means of communication;

9) Form - Script which provides a means of electronic communication, which allows submission of orders.


CHAPTER 2. GENERAL INFORMATION AND TECHNICAL

1. Seller offers the following types of services provided electronically - online shop, acting through the website, in which customer enters into a contract of sale over the internet, the parties are informed of the sale by electronic mail automatically generated, and the execution of the agreement (in particular delivery goods), the outside of the internet.

2. The Seller provides services electronically in accordance with the Regulations.

3. The technical condition of using the Store is having the client computer or other devices allow you to view the Internet, access to the Internet, and current and active e-mail account.

4. It is prohibited to supply the Customer illegal content.

5. Using the Store may be associated with risks typical for using the Internet, spam, viruses, hacker attacks. Seller take action to counter these threats.

6. Conclusion of an agreement for the provision of electronic services takes place through an online store, via the Internet. The customer may at any time terminate the use of electronic services by lowering the online store or through the customer's account. In this case, the contract for the provision of electronic services be terminated automatically without the need to submit additional declarations of the parties.


CHAPTER 3. PERSONAL DATA

1. given by the clients personal information Seller collects and processes in accordance with applicable law.

2. The basis for processing personal data the consent of the same customers, as well as the statutory authorization to process personal data, penetrating the Law on the Protection of Personal Data of 29 August 1997 (Dz.U.2016.922 as amended.) And the Act of 18 July 2002 on electronic services (Dz.U.2016.1030 as amended.).

3. The Seller shall ensure that personal data customers will not get released to any unauthorized parties. Customers' personal data may be disclosed to entities authorized to receive them under applicable law, including the competent authorities.

4. Detailed information, including the possibility of using the Store anonymously or under a pseudonym, on technical measures to prevent acquisition and modification of personal data by unauthorized persons entrust the processing of personal data can be found at the shop.

CHAPTER 4. SALE


§ 1. Goods

1. All products offered in the store are new and have no defects.
2. A detailed description of the Goods is located on the side of the store.
3. The Seller is obliged to sell the Goods new and without defects.
4. Goods may be granted a warranty or after-sales services. Detailed information in this regard is the description of the Goods.


§ 2. orders and their implementation

1. Orders can be submitted by filling out a Form, available in store.

2. The customer is obliged to carefully fill in the form with all the data in accordance with the facts and identifying the selected method of payment and delivery.

3. The customer gives the Form data and makes a statement on the acceptance of the Rules, the processing of personal data, transfer of commercial information and privacy policy and cookies.

4. Orders in the store can be placed 24 hours a day, 7 days a week. orders
Saturdays, Sundays and holidays are processed the next working day.

5. Confirmation of submission of the Order made by the customer to select a button (field) marked "order with obligation to pay". Seller will send the customer specified by the customer e-mail confirmation of orders.

6. The duration of the contract (ie. The date of dispatch of Goods) is up to 4 days.


§ 3. Payments

1. All prices of goods given in the Store are gross prices in Polish zlotys (prices include VAT). Commodity price does not include the costs referred to in paragraph 2 below. Commodity price indicated at the time of order is binding for both parties.

2. Costs associated with the delivery of the Goods (eg. Transport, delivery, postal services), and any other costs shall be borne by the customer. The amount of these costs may depend on the choice of the customer as to the manner of delivery of the Goods. Information on the amount of these costs are passed on to the stage of procurement.

3. The customer can select the form of payment:

1) payment before delivery of the Goods (prepayment). After placing orders Customer shall pay / transfer the amount due to the bank account Store. Execution of orders after the payment is the customer's bank account Store;

2) payment on delivery of the Goods (COD) - The customer pays the amount due immediately upon receipt of the Goods. Performance of the contract occurs after the adoption of the Order.
1. For each product sold store issued proof of purchase and deliver it to the customer.


§ 4. Delivery

1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.

2. The product is shipped by courier. Cash realized through the postal operator should be delivered within 1-3 working days from the date of dispatch of the Goods, while courier - within 1-2 days from the date of dispatch of the Goods.

3. Together with the Goods Seller seems Customer all elements of its equipment and manuals, maintenance, and other documents required by the rules of common law.


§ 5. Additional Information for Consumers

1. The agreement is not concluded for an indefinite period and will not be subject to automatic extension.
2. The minimum duration of the consumer's obligations under the Agreement is the duration of the Agreement, ie. Making the payment and receipt of the Goods.
3. Using the Store by Consumer is not connected with the obligation to provide a deposit or other financial guarantees.
4. Seller is not applicable code of practice referred to in Article. 2 Section 5 of the Act of 23 August 2007. On counteracting unfair market practices (Dz.U.2016.3 as amended.).


CHAPTER 5. LIABILITY

1. Acceptance of the Goods to the Customer or the carrier to the customer pass the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods. When selling to the consumer the risk of accidental loss or damage to the Goods shall pass to the consumer at the moment of the Goods consumer. For issuance of the Goods believed to his delegation by the Seller to the carrier, if the seller did not affect the choice of the carrier by Consumer.

2. The liability under the warranty is excluded in legal relations with clients.

3. The seller is liable to the consumer if the product has a defect natural or legal person (warranty) pursuant to the provisions of the Civil Code (Dz.U.2016.380 as amended.), With the proviso that if the Goods being acquired by the Consumer is used for the moving , seller shall be liable under the warranty if the defect is found before the natural expiration of one year from the date of Goods.

CHAPTER 6. PROCEDURE FOR EXAMINATION OF COMPLAINTS

1. Claims relating to defects in the Goods Consumers should be addressed to the Seller in writing. The dispatch of the notice can also inform the Seller by e-mail: info@bymielczarkowski.com.


2. The complaint should include a detailed description of the defect Consumer Goods and demand, possibly also photographic documentation.

3. The Seller shall examine the complaint within 14 days. If the Seller does not reply to the complaint the Consumer within 14 days, it is believed that it considered it justified.

4. If the complaint is accepted, the Seller will take appropriate action as requested by the consumer.

5. You can use the non-judicial means of dealing with complaints and claims in legal relationships with consumers, including the ability to resolve disputes electronically via the platform ODR (online dispute resolution), available at http://ec.europa.eu/consumers/odr/. 

CHAPTER 7. WITHDRAWAL FROM THE CONTRACT

1. Termination of the Agreement by the Seller or the customer may be on the terms specified in the provisions of the Civil Code (Dz.U.2016.380 as amended.).

2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.

3. Information about the withdrawal from the Agreement by the Consumer are included in the informed about the right of withdrawal available at the store.

4. The right to withdraw from the Agreement is not entitled to a consumer in respect of contracts:

1) the provision of services if the seller made a full service with the express consent of the consumer, who has been informed before the provision that under the provision by the Seller will lose the right to withdraw from the Agreement;

2) in which the price or remuneration depends on fluctuations in the financial market over which Seller has no control, and which may occur before the deadline to withdraw from the Agreement;

3) in which the Merchandise is for the non-prefabricated, manufactured according to the specifications of the Consumer or maid meet its individual needs;

4) where the goods are perishable thing dispersible or having a short shelf life;

5) in which the Goods is the thing delivered in a sealed container, which after opening the package can not return due to health protection or hygiene reasons, if it were unsealed after delivery;

6) in which the Goods are things that after delivery, due to their nature, are inextricably linked with other things;

7) in which the Goods are alcoholic beverages, the price of which has been agreed at the conclusion of the Agreement, and the supply of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which Seller has no control;

8) where the consumer expressly demanded that Seller to him came to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with consumer demanded or provides things other than the parts necessary for repair or maintenance, the right to withdraw from the Agreement shall have the consumer in relation to additional services or goods;

9) in which the Goods are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;

10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;

11) contained in a public auction;

12) for the provision of accommodation other than for residential purpose, the carriage of goods, car rental, catering, services related to leisure activities, events, entertainment, sports or cultural, if the agreement marked a day or period of performance;

13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed by the Seller about the loss of the right of withdrawal.

5. Seller shall immediately, not later than 14 days from the date of receipt of the declaration consumer to withdraw from the contract, return the consumer all payments made by him, including the costs of delivery of the Goods. Seller shall refund payments using the same method of payment, which used the consumer, unless the consumer has expressly agreed to a different way of return, which is not binding for him any costs.

6. If the consumer has chosen a method for providing the cheapest things other than the normal delivery offered by the Seller, the Seller is not obliged to return the consumer incurred by him additional costs.

7. The seller may withhold reimbursement until the receipt of the Goods or until delivery Sellers proof of his return, depending on which event occurs first.

8. The consumer shall only bear the direct cost of returning the Goods, unless the seller has agreed to bear them or not informed consumer of having to bear these costs.

CHAPTER 8. FINAL PROVISIONS

1. In matters not regulated in legal relations with customers or consumers, the relevant provisions of applicable law.
2. Any derogation from the Rules must be in writing to be valid.
3. The competent court to resolve the dispute between the parties will be the competent court according to the relevant provisions.


RIGHT OF WITHDRAWAL

You have the right to withdraw from the contract within 14 days without giving any reason.

The deadline to withdraw from the contract will expire after 14 days from the date on which you acquire possession of things or a third party other than the carrier and indicated by you came into the possession of things.

To exercise the right of withdrawal, you must inform us of his decision to withdraw from this contract by an unequivocal statement (eg a letter sent by mail, fax or e-mail). Below are our contact details:

"MIELCZARKOWSKI" - KAMIL MIELCZARKOWSKI
ul. gen. Jaroslaw Dabrowski 1, 95-030 Rzgów, Łódź East County, province. LODZ, HALL NEW STAND G 62
sklep@bymielczarkowski.com

You can use the model withdrawal form, but it is not mandatory.

To keep the deadline for withdrawal, it is enough to send you information on exercising the right of withdrawal from the contract before the deadline for withdrawal.

Effects of withdrawal in case of withdrawal from the contract shall reimburse to you all payments received from you, including the costs of delivery of goods (with the exception of the additional costs resulting from the choice of a type of delivery other than the least expensive normal delivery offered by us), immediately and in any case not later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract. Reimbursement of payments will be done using the same payment method that you used for the initial transaction, unless expressly agreed otherwise; in any case you will not incur any fees in connection with the return. We may withhold reimbursement until receipt of things, or to have supplied evidence of her return, depending on which event occurs first.

Please send or give us the benefit immediately, and in any event no later than 14 days from the day on which you communicate to withdraw from this agreement. The deadline is met if you send back the item before the deadline of 14 days.

We bear the costs of returning things / You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of about 15 PLN.

You are only a decrease in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of things.