TERMS AND CONDITIONS

Regulations of the online store "majbele.com"
§1 Basic definitions
§2 General provisions
§3 Terms and conditions of providing services
§4 Terms and conditions
§5 Order completion
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaint procedure
§11 Accountability
§12 Out-of-court means of handling complaints and pursuing claims
§13 Provisions for entrepreneurs
§14 Warranty
§15 Final provisions
Introduction
Dear Customer, these Regulations regulate the manner of concluding sales contracts through the above-mentioned website, the rules of execution of these contracts, including delivery, rights and obligations under applicable law and the procedure for withdrawal from the contract and complaint procedure. The Regulations consist of four main parts:
in § from 1 to 3 - there are general regulations of these Regulations;
in § 4 to 7 - the process of acquiring Goods/Services is described;
in § 8 to 12 - there are regulations related to the determination of defects in Goods / Services, as well as the right to withdraw from the contract;
§ 13 to 15 - contains all other regulations.
§1 Basic definitions
1. online store - http://www.majbele.com/
2) Seller - majbele.com
3. address of the Seller - whenever the address of the Seller is mentioned in the Regulations, it shall be understood as the following:
registered office: Kozierowskiego 4 room 109, 60-185 Skórzewo, Poland
e-mail address: office@majbele.com
4. Customer - a natural person with full legal capacity, and in cases provided by generally applicable laws also a person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
5. consumer - Article 221 of the Civil Code: a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.
6. contract concluded at a distance - means a contract concluded between the Seller of the online store and the Consumer under the organized procedure of the system of contract conclusion at a distance, without the participation of both parties to the contract at one place and time, concluded by means of one or more means necessary for communication at a distance up to and including the conclusion of the contract.
7. Service - a service provided electronically by the Service Provider (Seller) to the Customer (Client) through this Online Store.
8. contract of sale - a contract of sale of a Product placed on the website of the aforementioned Online Store concluded or entered into between the Client and the Seller via the Online Store.
9. Merchandise - a Product, a movable thing that the Customer purchases through the Online Store, i.e. High-quality Furniture, made only at the time of order, we also make furniture on special order.
10. shopping cart - a place where the Customer indicates the essential elements for further ordering, such as: the number of Goods, delivery address, method of delivery, method of payment, invoice data and possibly other information, if their provision is necessary for the proper implementation of the order.
11. order - the Customer's statement of intent, submitted via the Online Store, specifying: the type and quantity of Goods in the range of the Online Store at the time of ordering, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.
12) Promotion/discount - an individual, amount or percentage discount for the Customer granted for the purchase of a given product or a given group of products available in the Online Store.
13) Order Form - an electronic service, a form on an electronic medium available in the Online Store, allowing the Customer to place and execute an Order, inter alia, by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
14. order processing time - the time in which an order placed by a Customer of the Online Store will be completed, packed, sealed by the Seller and transferred for delivery by the form of delivery chosen by the Customer.
15. business day - one day from Monday to Friday excluding public holidays.
16. Newsletter - marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which allows Service Recipients (Clients) to automatically receive from the Service Provider advertising content of the Online Store Products on including information about promotions, news and subsequent editions of the Online Store newsletter.
17 Consumer Rights Act, Law - Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended).
§2 General provisions
(1) The Seller hereby declares that he undertakes to provide the services that are the subject of the activity of the Online Store to the Customer in a reliable manner and in accordance with applicable laws, rules of social coexistence and in the manner regulated in these Terms and Conditions.
(2) The Seller declares that it complies with all required rules for the protection of Customers' personal data as provided, inter alia, by the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the EU.L. No. 119). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the realization of the Service/good ordered from the Online Store. Detailed terms and conditions for the collection, processing and protection of personal data by the Seller are specified in the "Privacy Policy" of the Online Store.
(3) When placing orders in the Store, the Customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form. Acceptance of the provisions of the Regulations is necessary to complete the order. Please be informed that the conclusion of the Sales Agreement via the Internet and acceptance of the Rules entails the obligation to pay for the ordered Goods.
(4) The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data in accordance with the risks and categories of data under protection. First of all, it protects the data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions).
(5) The administrator of your personal data is majbele.com, Kozierowskiego 4 room 109, 60-185 Skórzewo, Poland, e-mail: office@majbele.com
6. any person whose data is processed shall have the right to:
a. to supervise and control the processing of personal data for which the vendor maintains a data file of customers of the aforementioned store;
b. obtain comprehensive information on whether such a file exists and is maintained by the vendor;
c. to determine who the data controller is, to determine its address, registered office, name, in a situation where the controller is a natural person to determine his name and place of residence;
d. to obtain information about the purpose, scope, manner, time of processing of the data contained in such filing system;
e. to be informed in a commonly understood form of the content of such data;
f. to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;
g. to request that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or has been collected in violation of the law or is no longer necessary for the purpose for which it was collected.
(7) The customer, in accordance with Section 6, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The controller of personal data is obliged, to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request concerns personal data, as to which the procedure for supplementing, updating or correcting them is determined by separate provisions of law including the Act.
(8) The customer, when finalizing the order, agrees to the storage and processing of his personal data by the Seller in accordance with the Act of May 10, 2018 on the protection of personal data and the provisions of the EU Council Regulation 2016/679 of April 27, 2016. The data may be shared with other entities only if required by law or necessary for the execution of the order.
9. the Customer has the opportunity to subscribe to the NEWSLETTER, which will allow him to receive advertising and commercial information from the Seller electronically.
10. the Customer undertakes to use the Online Store with respect for the applicable law and rules of social coexistence.
11. the Customer using the services of the Seller through the Online Store must comply with these Terms and Conditions only to the extent that is necessary to complete the order and may not be contrary to the applicable law and rules of social coexistence.
(12) The Seller of the Online Store ensures that all goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the descriptions and features provided on the website of the Online Store.
(13) If the goods are covered by a manufacturer's warranty, which is the manufacturer's declaration of the quality and durability of the goods, this warranty does not exclude and does not limit the Buyer's ability to exercise his rights under the warranty for defects in the goods, both physical and legal.
14) The Seller shall fulfill orders on the territory of Poland and orders placed by consumers in Europe, as well as in other countries after prior arrangement of delivery terms.
15.All goods available in the Online Store have been legally introduced into the Polish market. Information about these goods on the Store website constitutes an invitation to conclude a contract, in accordance with the Civil Code.
(16) The prices of products and services listed on the Store website are expressed in Polish zloty and include VAT, customs duties and other mandatory components.
17. it should be noted that the prices of products on the Store's website do not include the cost of delivery, which is added when choosing the method of delivery of the ordered goods.
§3 Terms of service
(1) This Online Store provides its services electronically, and the condition for the conclusion of the contract is the completion of the order form by the Customer.
(2) The contract for the provision of services is concluded electronically by filling in an order form by the Customer of the Online Store and is valid for a period of time specified at the time of filling in the form. This contract may be terminated by the Customer at any time by opting out of filling out the form or sending the completed form to the Seller.
(3) The customer shall have access to the order form and may review it before deciding to enter into a contract or make changes to the contract.
(4) The service provided as described above is free of charge, although it may require Internet access.
(5) The customer can place orders electronically 24 hours a day, seven days a week.
6.The customer must consent to the processing of his personal data by the Online Store for the purpose of processing the order, which is necessary for the conclusion of the contract.
(7) In accordance with applicable law, the data controller must carefully check whether the person who has parental authority or custody of a child (under 16 years of age) has consented to the processing of data.
8) In order to use the services offered by the Seller in the Online Store, the Customer must have access to the Internet, a cookie-capable web browser and an e-mail address.
(9) Costs associated with Internet access and data transfer shall be borne by the Customer in accordance with the agreement concluded with the Internet service provider.
§4 Terms and Conditions
(1) To conclude a valid and binding contract of sale, the Customer selects the appropriate products from the offer of the Online Store and specifies their quantity, place of delivery and form of payment in the order form. After completing the form, the contract is concluded and the Customer receives an order confirmation by e-mail.
(2) The order confirmation contains details of the contract, such as the type and quantity of goods ordered, their specification in the case of goods with individual characteristics, the total price (in Polish zloty/euro) with delivery costs and discounts granted.
(3) In the event that the Customer has multiple discounts from different sources or promotions, the principle of combining or aggregating them applies only if it is clearly specified in the regulations of the promotion. In the absence of clear guidelines for combining different promotions or discounts, the Customer may choose only one discount (one promotion) for his purchases.
§5 Order processing
(1) The Seller shall handle Customers' orders accurately and reliably in the order in which they are received. Each order is given priority.
(2) Order processing time for a single Customer is from 40 to 55 working days from the day the Customer placed the order. In the case of products that are marked "on order", the delivery time is specified on the page of the product in question. Delivery time includes the process of preparation (completion and packing of the order), handing over the package to the courier and, in exceptional cases, production of the product. Delivery time depends on the method of delivery chosen by the customer.
(3) In a situation where there are unforeseeable circumstances or the order cannot be completed within the specified time, the Seller shall immediately contact the Customer to determine further action, including a possible change in the delivery date.
§6 Delivery
(1) The Goods shall be delivered via a courier service operator selected by the Customer or any other approved delivery method that does not generate excessive and unreasonable costs for either the Seller or the Customer.
(2) The Customer shall have the option of choosing delivery to his address, which he provided in the order form, or personal pick-up at a designated pick-up point.
(3) All products are carefully packed to minimize the risk of damage during transportation.
(4) The customer is kept informed of the cost of delivery, which is clearly indicated when placing the order and depends on the place of delivery, the number of products ordered, their weight and the selected shipping method.
(5) Upon receipt of the shipment, the Customer (or a person authorized by him) should carefully check the condition of the package and make sure that it bears no signs of damage or interference by unauthorized persons, and that the contents are intact. In case of any damage or other irregularities, the Customer should, if possible, make a protocol with the courier and not accept the package. This provision does not affect the Customer's rights as a consumer, for example, the right of complaint, and is only intended to help the Online Store determine the circumstances of the damage and the person responsible. Report of damage to the shipment is not dependent on the protocol made by the Customer with the courier. The consumer has the right to carefully examine the order.
§7 Payment methods
The Seller provides the following methods of payment for the ordered goods:
1. prepayment to the bank account number: 54102041600000280202262749.
2. electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer using PayU and Shoplo payment service.
3) Payment in cash upon receipt of the ordered goods (cash on delivery) - the customer pays at the courier at the time of collection of the goods delivered by the courier company to the address indicated in the order.
(4) The Seller shall document the sale of goods in accordance with the Customer's request, issuing a receipt or a VAT invoice. The purchase document is delivered to the Customer together with the ordered goods. All goods available in the Online Store may be covered by a VAT invoice.
§8 Warranty
(1) Under the provisions of the warranty for defects, the delivery of Goods under these provisions is covered by the Seller.
(2) The Seller shall be liable for warranty if the defect is discovered before the expiration of two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the goods did not fulfill the contract, have physical or legal defects. If a defect in the product is discovered before the expiration of two years from the date of issue to the Buyer, then the time limit is extended for replacement of the Goods. A physical defect means that the product does not conform to the contract in the following cases:
- It does not have the characteristics that it should have based on the purpose specified in the contract, circumstances or intended use.
- It does not have the features whose existence the Seller confirmed to the Buyer, including by presenting a sample or specimen.
- Is unsuitable for the purpose which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not objected to this purpose.
- Has been delivered in an incomplete condition.
(3) Reports of defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's mailing address (see §1 item 3: "Seller's address"). If the Consumer has difficulties in preparing a notification of defects in the Goods, he/she may use the form attached hereto as Appendix 2 for this purpose. This form only facilitates the complaint process and is not mandatory to exercise the right to report a defect.
(4) If it is necessary for proper assessment of physical defects of the Goods, upon request and after initial arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 item 3: "Seller's address"), if the nature of the Product allows it.
(5) The Seller must respond to the Consumer's request as soon as possible, but no later than within 14 calendar days of receipt. Failure to respond within the specified period means that the Seller considered the notification as justified.
(6) The costs of collection, delivery, removal of defects and replacement of the Goods with new ones are covered by the Seller.
§9 Withdrawal
(1) In accordance with the provisions of the law, the Customer who is a Consumer has the right to withdraw from the contract concluded at a distance without giving any reason, except for certain costs referred to in the Law of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on the rights of the Consumer.
(2) The right to withdraw from the contract shall be exercised within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or by a third party designated by the Customer, excluding the carrier.
(3) If the Customer who is a Consumer decides to withdraw from the contract, the contract shall be considered null and void, and the Consumer shall be relieved of all obligations. What the parties have mutually provided shall be returned in an unaltered condition, except where the change was unavoidable under normal management. This return shall be made immediately, within fourteen days.
(4) A Customer who is a Consumer may withdraw from the contract by making a statement using the form in Appendix 1 to these Regulations, sending it electronically or directing it to the Seller's mailing address, according to the Customer's choice. This form is only a convenience for withdrawal from the contract and is not mandatory. To withdraw from the contract, it is sufficient to send a written statement to the Seller's address before the expiration of the deadline specified in item. 2.
(5) The Seller shall promptly acknowledge receipt of the Customer's withdrawal statement and inform the Customer of further steps, including the procedure for returning the Goods and answers to questions, if any.
(6) The Seller will return to the Customer all payments received, including the costs of delivering the goods, immediately, no later than within 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract. Refund of payments will be made in the same way in which the payment was made, unless the Customer expressly agrees to another way that does not involve additional costs.
(7) If the Seller, after obtaining consent from the Customer, has not undertaken to collect the Goods itself, the Seller has the right to withhold the refund of payments received, including the cost of delivering the item, until it receives back the Goods or receives from the Customer proof or confirmation of return of the Goods, whichever is earlier.
(8) The Customer must return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the date on which he decided to withdraw from the contract, unless the Seller offered to collect the Goods himself. It is sufficient that the Goods are sent back before the expiration of this period to meet the withdrawal deadline.
(9) The Customer who is a Consumer shall bear only the direct costs associated with returning the Goods.
(10) The Consumer has the right to withdraw from the contract concluded at a distance without having to give any reason and without additional costs, except for those specified in the consumer law.
11. the Goods should be sent back to the Seller's address as stated in §1 item 3: "Seller's address".
12. the Consumer is responsible for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functions of the Goods. This means that the Customer may evaluate and test the Goods as would be possible in a stationary store (e.g. check their completeness and technical parameters), but may not use them normally, as otherwise, in case of withdrawal from the contract, he may be charged with additional costs related to the diminution of the value of the Goods.
(13) The right of withdrawal does not apply to the Customer with respect to certain types of contracts referred to in the Law of May 30, 2014 on Consumer Rights, such as:
a. Contracts for the provision of services, if the entrepreneur has performed the service in full with the express consent of the Consumer and informed him before the start of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract;
b. Contracts whose price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiration of the deadline for withdrawal;
c. Contracts for the supply of goods that have been produced to the Consumer's specifications or are intended to meet his individualized needs;
d. Contracts for the supply of goods that due to their nature are perishable or have a short shelf life;
e. Contracts for the supply of goods that are delivered in sealed packages that cannot be returned after opening for health or hygienic reasons, if the package has been opened after delivery;
f. Contracts for the supply of goods that by their nature become inseparable from other things after delivery.
14 According to the law, the creator whose personal copyrights have been infringed or are threatened shall first of all have the right to demand an end to the infringement and restoration. If the infringement was the result of negligence, the creator may demand compensation for the harm suffered or a certain amount of money for social purposes.
(15) The customer who publishes content or makes it available voluntarily declares that:
a. He has the rights to use the content he publishes, including copyright, intellectual property rights or related rights.
b. The posting of personal data, image or information concerning persons other than the Customer is lawful, voluntary and based on the consent of such persons.
c. He agrees that his information, data, images and other content may be viewed by other customers and the vendor, and the vendor may use it free of charge.
d. Agrees to make changes, modifications and interpretations of the works in terms of copyright, under the Law on Copyright and Related Rights.
16. The customer has no right to:
a. Publish the personal data of third parties or distribute their image without the required consent of such third parties.
b. Posting advertising or promotional content inconsistent with the purpose of the store.
17. It is also prohibited to publish content that may:
a. Violate the personal rights of third parties.
b. Be posted in bad faith or be considered inappropriate.
c. Violate the rights of third parties, copyrights, related rights, intellectual property rights, industrial secrets or confidentiality clauses, especially those defined as secret or top secret.
d. Be offensive or threatening to others, such as containing vulgarities.
e. Violate the legitimate interests of the seller.
f. Send unsolicited commercial messages (spam).
g. Otherwise violate applicable laws, social and ethical norms.
18. If a third party or a public authority reports a violation, the vendor reserves the right to modify or remove content published by the customer if it is deemed to violate these terms and conditions or applicable laws.
19 The customer should pay special attention to certain provisions of these rules and regulations, in particular:
a. § 2 para. 3, 8, 10 i 11
b. § 3 pts. 5 i 6
c. § 4 pt. 1
d. § 7 pt. 4
e. § 8 pts. 2, 3
f. § 9 par. 1, 2, 3, 4, 5, 10, 11, 12 i 13
g. § 12 - in its entirety
20 These provisions are considered particularly important, but do not exclude the other provisions of these regulations.
§ 12 Out-of-court settlement of disputes and redress of grievances
(1) Information on the methods of out-of-court settlement of disputes and the assertion of claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer advocates, social organizations whose task is to protect consumers, Provincial Inspectorates of Commercial Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.
(2) Customers who are not consumers have the opportunity to use various options for out-of-court dispute resolution and redress:
a. They can apply to the Regional Inspector of Commercial Inspection and ask for mediation proceedings to resolve the dispute amicably.
b. They can refer their dispute to the Permanent Amicable Consumer Court, operating at the Provincial Inspector of Trade Inspection, to obtain a final settlement of the dispute arising from the concluded contract.
c. They can apply for free legal assistance, including from the Consumer Federation, which offers support from lawyers.
(3) In the case of cross-border disputes, customers can also use the assistance of European Consumer Centers. Information on these institutions can be found on the European Consumer Center's website: www.konsument.gov.pl.
4. customers also have access to the online dispute resolution (ODR) platform, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013. The ODR (online dispute resolution) platform is available at: http://ec.europa.eu/consumers/odr/. It provides a common access point for customers and businesses to resolve consumer disputes related to online contracts.
(5) The use of out-of-court dispute resolution methods is voluntary and can only occur with the consent of both parties to the dispute, i.e. the seller and the customer.
§ 13 Provisions for business customers
(1) These provisions and the provisions in Paragraph 13 shall apply only to Customers and Service Recipients who are not consumers.
(2) The Seller shall have the right to withdraw from the sales contract concluded with a business customer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving any reason, and does not generate claims of the business customer against the seller.
(3) If the business customer is not a consumer at the same time, the service provider has the right to immediately terminate the contract for the provision of Electronic Services without indicating reasons, as long as he has sent the customer an appropriate statement.
(4) The seller has the right to limit the available payment methods for selected goods or for all goods. In addition, the seller may require prepayment in full or in part, regardless of the selected payment method and the fact of concluding a sales contract.
(5) The risk of accidental loss or damage to the goods shall pass to the business customer upon delivery of the goods to the carrier. The business customer becomes responsible for all benefits and charges related to the goods from the moment the goods are delivered to the carrier. In this case, the vendor shall not be liable for loss, damage or shortage of the goods from the moment the goods are accepted by the carrier until they are released to the customer.
(6) The customer, who is not a consumer, is obliged to thoroughly inspect the shipment in the standard manner for such shipments. If the customer notices that the goods have been damaged or removed during transport, he is obliged to take all necessary measures to determine the responsibility of the carrier.
7 It is worth noting that in accordance with Article 558 § 1 of the Civil Code, the liability of the seller for product defects, in the case of customers who are not consumers, is excluded.
8 The seller's liability is limited both for individual claims and in aggregate to the amount paid by the customer. The seller is liable only for typical and foreseeable damages that existed at the time the contract was concluded. There is no liability for any lost profits.
(9) Any dispute between the online store and a non-consumer customer shall be subject to the jurisdiction of the court having jurisdiction over the seller's registered office.
10.Our offer includes products with a two-year warranty. Each case of warranty will be analyzed individually. Please also refer to the general warranty terms and conditions below:
11. the warranty covers a period of 24 months from the date of purchase of the product.
12.In order to benefit from the warranty, it is necessary that the product is used in accordance with its intended use and recommendations for use and maintenance.
13.The warranty covers defects resulting from the manufacturing process or raw material defects.
14. However, the warranty does not cover:
a. Uneven coloring of the product resulting from the natural properties of the material, damage related to improper installation or positioning of the product (e.g. placing furniture on a floor with underfloor heating, placing furniture next to a fireplace, furniture placed directly next to heat sources such as gas, oil, electric heaters, radiators, heaters, fireplaces), damage resulting from placing hot or cold objects on the furniture, use of chemicals for cleaning furniture or prolonged contact with water.
b. Wood, being a natural material, may undergo natural color changes. Under the influence of UV rays, it may lighten or darken. The warranty does not cover damage resulting from the use of furniture in rooms with humidity below 50% or above 65%. In the case of low humidity, damage such as cracks in the wood may occur due to shrinkage. On the other hand, with humidity above 65%, damage such as cracks and deformation may occur.
c. Natural wear and tear on the product and its equipment, such as scratches.
d. Damage resulting from the transportation of furniture made to the customer's order by the shipping company.
e. Furniture for which the customer has received a discount due to permanent defects and damage of which the customer has been informed.
f. Damage resulting from prolonged exposure of the product to direct sunlight.
15 Warranty exclusions. Forfeiture of warranty rights occurs in situations such as:
a. Improper installation of the furniture, i.e. one that is not in accordance with its intended use.
b. Use of the furniture in a room where the temperature is lower than 18°C or higher than 35°C.
c. Damage to the furniture by covering a large area with materials such as glass, PVC, foil, stone that prevent the natural process of wood breathing.
d. Flooding of the furniture with water or other liquid.
e. Using the furniture in a manner contrary to its intended use.
f. Finding of dirt or improper cleaning and maintenance practices of the furniture.
g. Attempts by unauthorized persons to repair or modify the furniture.
h. Damage or defects caused by animals.
i. Mechanical damage, such as scratches or bruises.
16. Not considered defects such as:
a. Natural changes that occur during normal use of the furniture, resulting from the type of material used.
b. Natural differences in the shade of wood.
c. Visible core rays of wood, which are part of its anatomical structure.
d. Small darker patches in the wood, referred to as "false heartwood," resulting from the characteristic structure of the wood.
e. Minor filling of cavities in the wood.
§15 Final provisions:
(1) The online store respects all the rights of the Customers, which are defined by the applicable law.
(2) If the applicable law grants to Customers who are consumers more favorable rights and requirements than those contained in these Terms and Conditions, these more specific regulations of the law shall prevail and be binding on the owner of the website.
(3) All content published on the Store's website, including graphics, text, page layout and logos, is protected by copyright and is the exclusive property of the Seller. The use of such content without the prior written consent of the Seller is prohibited and may result in civil and criminal liability.
(4) The owner of the store, being the administrator of personal data, informs you that:
5. the provision of data is always voluntary, but necessary for the execution of the order.
6. the person providing his/her personal data has the full right to access his/her data, correct them, delete them (the right to be forgotten), limit processing, data portability, as well as the right to withdraw consent at any time, without affecting the legality of processing. Data may be disclosed to the relevant state authorities if required by law.
(7) The legal basis for the processing of personal data is Article 6(1)(a) of the General Data Protection Regulation.
8) Personal data will be stored and processed for the period necessary for the execution of the order, but no longer than for a period of 3 years (which includes 2 years for possible complaints and 1 year for other possible claims and emergencies).
(9) The person providing his/her personal data has the right to file a complaint with the Office for Personal Data Protection if he/she believes that the processing of his/her data violates the provisions of the General Data Protection Regulation of April 27, 2016.
10. with regard to the processing of personal data in this store, the European Commission has not determined an adequate level of protection by decision, but your data will be adequately secured by IT and legal solutions and measures.
11. your data will be processed by automated means, including profiling.
(12) In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular:
a. The Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws 2000 No. 22 item 271 as amended).
b. The Act of July 27, 2002 on specific terms and conditions of consumer sales and amendments to the Civil Code (Dz.U. 2002 No. 141, item 1176 as amended).
c. Act of April 23, 1964 Civil Code (Journal of Laws 1964 No. 16 item 93 as amended).
d. Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2013, item 1422).
e. Industrial Property Law of June 30, 2000 (Journal of Laws 2001 No. 49 item 508 as amended).
f. Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631 as amended).
g. Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827).
13. The amended Regulations are binding on Customers if the requirements set forth in Article 384 of the Civil Code are met (that is, if the Customer has been properly informed of the changes).
14. the Seller reserves the right to make changes to the Regulations for important reasons, such as:
a. changes in legal regulations;
b. changes in forms of payment and delivery;
c. changes in currency exchange rates;
d. changes in the provision of electronic services covered by the Terms and Conditions;
e. changes in the Seller's data, including e-mail address and telephone number.
15 Changes to the Terms and Conditions will not affect orders that have already been placed and are being implemented, for them the Terms and Conditions in effect at the time of placing the order shall apply. The Seller shall inform about the planned changes to the Terms and Conditions on the store website at least 30 days prior to their introduction
(16) Disputes arising from the provision of services under these Terms and Conditions shall be resolved by a common court, at the option of the Customer, who is also a consumer, in accordance with applicable Polish law.
(17) The appendices to the Regulations are an inseparable part of this document.
(18) The contract of sale shall be concluded in the Polish language, in accordance with the content of the Regulations.
(19) Customers using this store may access these Regulations at any time via a link available on the homepage of the website. They may also download and print it, but the use of it for commercial purposes is subject to the protection of the Law Office.
20 The Regulations shall come into force on 14.10.2023.

Regulations & Rules of the online store "majbele.com"


§1 Basic definitions
§2 General provisions
§3 Terms and conditions of providing services
§4 Terms and conditions
§5 Order completion
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaint procedure
§11 Accountability
§12 Out-of-court means of handling complaints and pursuing claims
§13 Provisions for entrepreneurs
§14 Warranty
§15 Final provisions
Introduction
Dear Customer, these Regulations regulate the manner of concluding sales contracts through the above-mentioned website, the rules of execution of these contracts, including delivery, rights and obligations under applicable law and the procedure for withdrawal from the contract and complaint procedure. The Regulations consist of four main parts:
in § from 1 to 3 - there are general regulations of these Regulations;
in § 4 to 7 - the process of acquiring Goods/Services is described;
in § 8 to 12 - there are regulations related to the determination of defects in Goods / Services, as well as the right to withdraw from the contract;
§ 13 to 15 - contains all other regulations.
§1 Basic definitions
1. online store - http://www.majbele.com/
2. Seller - majbele.com
3. address of the Seller - whenever the address of the Seller is mentioned in the Regulations, it shall be understood as the following:
registered office: 46 Grafitowa Street, 60-185 Skórzewo, Poland
e-mail address: office@majbele.com
4. Customer - a natural person with full legal capacity, and in cases provided by generally applicable laws also a person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
5. consumer - Article 221 of the Civil Code: a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.
6. contract concluded at a distance - means a contract concluded between the Seller of the online store and the Consumer under the organized procedure of the system of contract conclusion at a distance, without the participation of both parties to the contract in one place and time, concluded by means of one or more means necessary for communication at a distance up to and including the conclusion of the contract.
7. Service - a service provided electronically by the Service Provider (Seller) to the Customer (Client) through this Online Store.
8. contract of sale - a contract of sale of a Product placed on the website of the aforementioned Online Store concluded or entered into between the Client and the Seller via the Online Store.
9. Merchandise - a Product, a movable thing that the Customer purchases through the Online Store, i.e. High-quality Furniture, made only at the time of order, we also make furniture on special order.
10. shopping cart - a place where the Customer indicates the essential elements for further ordering, such as: the number of Goods, delivery address, method of delivery, method of payment, invoice data and possibly other information, if their provision is necessary for the proper implementation of the order.
11. order - the Customer's statement of intent, submitted via the Online Store, specifying: the type and quantity of Goods in the range of the Online Store at the time of ordering, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.
12. Promotion/discount - an individual, amount or percentage discount for the Customer granted for the purchase of a given product or a given group of products found in the Online Store.
13. Order Form - an electronic service, a form on an electronic medium available in the Online Store, allowing the Customer to place and execute an Order, inter alia, by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
14. order processing time - the time in which an order placed by a Customer of the Online Store will be completed, packed, sealed by the Seller and transferred for delivery by the form of delivery chosen by the Customer.
15. business day - one day from Monday to Friday excluding public holidays.
16. Newsletter - marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which allows Service Recipients (Clients) to automatically receive from the Service Provider advertising content of the Online Store Products on including information about promotions, news and subsequent editions of the Online Store newsletter.
17. Consumer Rights Act, Law - Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended).
§2 General provisions
1. The Seller hereby declares that he undertakes to provide the services that are the subject of the activity of the Online Store to the Customer in a reliable manner and in accordance with applicable laws, rules of social coexistence and in the manner regulated in these Terms and Conditions.
2. The Seller declares that it complies with all required rules for the protection of Customers' personal data as provided, inter alia, by the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the EU.L. No. 119). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the realization of the Service/good ordered from the Online Store. Detailed terms and conditions for the collection, processing and protection of personal data by the Seller are specified in the "Privacy Policy" of the Online Store.
3. When placing orders in the Store, the Customer has the opportunity to read the Terms and Conditions, accepting their content by marking the appropriate box in the form. Acceptance of the provisions of the Regulations is necessary to complete the order. Please be informed that the conclusion of the Sales Agreement via the Internet and acceptance of the Rules entails the obligation to pay for the ordered Goods.
4. The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data in accordance with the risks and categories of data under protection. First of all, it protects the data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions).
5. The administrator of your personal data is majbele.com, 46 Grafitowa Street, 60-185 Skórzewo, Poland, e-mail: office@majbele.com
6. any person whose data is processed shall have the right to:
a. to supervise and control the processing of personal data for which the vendor maintains a data file of customers of the aforementioned store;
b. obtain comprehensive information on whether such a file exists and is maintained by the vendor;
c. to determine who the data controller is, to determine its address, registered office, name, in a situation where the controller is an individual to determine his/her name and place of residence;
d. to obtain information about the purpose, scope, manner, time of processing of the data contained in such filing system;
e. to be informed in a commonly understood form of the content of such data;
f. to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;
g. to request that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or was collected in violation of the law or is no longer necessary for the purpose for which it was collected.
7. The customer, in accordance with Section 6, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The controller of personal data is obliged, to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request concerns personal data, as to which the procedure for supplementing, updating or correcting them is determined by separate provisions of law including the Act.
8. The customer, when finalizing the order, agrees to the storage and processing of his personal data by the Seller in accordance with the Act of May 10, 2018 on the protection of personal data and the provisions of the EU Council Regulation 2016/679 of April 27, 2016. The data may be shared with other entities only if required by law or necessary for the execution of the order.
9. the Customer has the opportunity to subscribe to the NEWSLETTER, which will allow him to receive advertising and commercial information from the Seller electronically.
10. the Customer undertakes to use the Online Store with respect for the applicable law and rules of social coexistence.
11. the Customer using the services of the Seller through the Online Store must comply with these Terms and Conditions only to the extent that is necessary to complete the order and may not be contrary to the applicable law and rules of social coexistence.
12. The Seller of the Online Store ensures that all goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the descriptions and features provided on the website of the Online Store.
13. If the goods are covered by a manufacturer's warranty, which is the manufacturer's declaration of the quality and durability of the goods, this warranty does not exclude and does not limit the Buyer's ability to exercise his rights under the warranty for defects in the goods, both physical and legal.
14. The Seller shall fulfill orders on the territory of Poland and orders placed by consumers in Europe, as well as in other countries after prior arrangement of delivery terms.
15. All goods available in the Online Store have been legally introduced into the Polish market. Information about these goods on the Store website constitutes an invitation to conclude a contract, in accordance with the Civil Code.
16. The prices of products and services listed on the Store website are expressed in Polish zloty and include VAT, customs duties and other mandatory components.
17. it should be noted that the prices of products on the Store's website do not include the cost of delivery, which is added when choosing the method of delivery of the ordered goods.
§3 Terms of service
1. This Online Store provides its services electronically, and the condition for the conclusion of the contract is the completion of the order form by the Customer.
2. The contract for the provision of services is concluded electronically by filling in an order form by the Customer of the Online Store and is valid for a period of time specified at the time of filling in the form. This contract may be terminated by the Customer at any time by opting out of filling out the form or sending the completed form to the Seller.
3. The customer shall have access to the order form and may review it before deciding to enter into a contract or make changes to the contract.
4. The service provided as described above is free of charge, although it may require Internet access.
5. The customer can place orders electronically 24 hours a day, seven days a week.
6.The customer must consent to the processing of his personal data by the Online Store for the purpose of processing the order, which is necessary for the conclusion of the contract.
7. In accordance with applicable law, the data controller must carefully check whether the person with parental authority or custody of a child (under 16 years of age) has consented to the processing of data.
8. In order to use the services offered by the Seller in the Online Store, the Customer must have access to the Internet, a cookie-capable web browser and an e-mail address.
9. Costs associated with Internet access and data transfer shall be borne by the Customer in accordance with the agreement concluded with the Internet service provider.
§4 Terms and Conditions
1. To conclude a valid and binding contract of sale, the Customer selects the appropriate products from the offer of the Online Store and specifies their quantity, place of delivery and form of payment in the order form. After completing the form, the contract is concluded and the Customer receives an order confirmation by e-mail.
2. The order confirmation contains details of the contract, such as the type and quantity of goods ordered, their specification in the case of goods with individual characteristics, the total price (in Polish zloty/euro) with delivery costs and discounts granted.
3. In the event that the Customer has multiple discounts from different sources or promotions, the principle of combining or aggregating them applies only if it is clearly specified in the regulations of the promotion. In the absence of clear guidelines for combining different promotions or discounts, the Customer may choose only one discount (one promotion) for his purchases.
§5 Order processing
1. The Seller shall handle Customers' orders accurately and reliably in the order in which they are received. Each order is given priority.
2. Order processing time for a single Customer is from 40 to 55 working days from the day the Customer placed the order. In the case of products that are marked "on order", the delivery time is specified on the page of the product in question. Delivery time includes the process of preparation (completion and packing of the order), handing over the package to the courier and, in exceptional cases, production of the product. Delivery time depends on the method of delivery chosen by the customer.
3. In a situation where there are unforeseeable circumstances or the order cannot be completed within the specified time, the Seller shall immediately contact the Customer to determine further action, including a possible change in the delivery date.
§6 Delivery
1. The Goods shall be delivered via a courier service operator selected by the Customer or any other approved delivery method that does not generate excessive and unreasonable costs for either the Seller or the Customer.
2. The Customer shall have the option of choosing delivery to his address, which he provided in the order form, or personal pick-up at a designated pick-up point.
3. All products are carefully packed to minimize the risk of damage during transportation.
4. The customer is kept informed of the cost of delivery, which is clearly indicated when placing the order and depends on the place of delivery, the number of products ordered, their weight and the selected shipping method.
5. Upon receipt of the shipment, the Customer (or a person authorized by him) should carefully check the condition of the package and make sure that it bears no signs of damage or interference by unauthorized persons, and that the contents are intact. In case of any damage or other irregularities, the Customer should, if possible, make a protocol with the courier and not accept the package. This provision does not affect the Customer's rights as a consumer, for example, the right of complaint, and is only intended to help the Online Store determine the circumstances of the damage and the person responsible. Report of damage to the shipment is not dependent on the protocol made by the Customer with the courier. The consumer has the right to carefully examine the order.
§7 Payment methods
The Seller provides the following methods of payment for the ordered goods:
1. prepayment to the bank account number: 54102041600000280202262749
2. electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online transfer using PayU and Shoplo payment service.
3. Payment in cash upon receipt of the ordered goods (cash on delivery) - the customer pays at the courier at the time of collection of the goods delivered by the courier company to the address indicated in the order.
4. The Seller shall document the sale of goods in accordance with the Customer's request, issuing a receipt or a VAT invoice. The purchase document is delivered to the Customer together with the ordered goods. All goods available in the Online Store may be covered by a VAT invoice.
§8 Warranty
1. Under the provisions of the warranty for defects, the delivery of Goods under these provisions is covered by the Seller.
2. The Seller shall be liable for warranty if the defect is discovered before the expiration of two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the goods did not fulfill the contract, have physical or legal defects. If a defect in the product is discovered before the expiration of two years from the date of issue to the Buyer, then the time limit is extended for replacement of the Goods. A physical defect means that the product does not conform to the contract in the following cases:
- It does not have the characteristics that it should have based on the purpose specified in the contract, circumstances or intended use.
- It does not have the features whose existence the Seller confirmed to the Buyer, including by presenting a sample or specimen.
- Is unsuitable for the purpose which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not objected to this purpose.
- Has been delivered in an incomplete condition.
3. Reports of defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's mailing address (see §1 item 3: "Seller's address"). If the Consumer has difficulties in preparing a notification of defects in the Goods, he/she may use the form attached hereto as Appendix 2 for this purpose. This form only facilitates the complaint process and is not mandatory to exercise the right to report a defect.
4. If it is necessary for proper assessment of physical defects of the Goods, upon request and after initial arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 item 3: "Seller's address"), if the nature of the Product allows it.
5. The Seller must respond to the Consumer's request as soon as possible, but no later than within 14 calendar days of receipt. Failure to respond within the specified period means that the Seller considered the notification as justified.
6. The costs of collection, delivery, removal of defects and replacement of the Goods with new ones are covered by the Seller.
§9 Withdrawal
1. In accordance with the provisions of the law, the Customer who is a Consumer has the right to withdraw from the contract concluded at a distance without giving any reason, except for certain costs referred to in the Law of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on the rights of the Consumer.
2. The right to withdraw from the contract shall be exercised within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or by a third party designated by the Customer, excluding the carrier.
3. If the Customer who is a Consumer decides to withdraw from the contract, the contract shall be considered null and void, and the Consumer shall be relieved of all obligations. What the parties have mutually provided shall be returned in an unaltered condition, except where the change was unavoidable under normal management. This return shall be made immediately, within fourteen days.
4. A Customer who is a Consumer may withdraw from the contract by making a statement using the form in Appendix 1 to these Regulations, sending it electronically or directing it to the Seller's mailing address, according to the Customer's choice. This form is only a convenience for withdrawal from the contract and is not mandatory. To withdraw from the contract, it is sufficient to send a written statement to the Seller's address before the expiration of the deadline specified in item. 2.
5. The Seller shall promptly acknowledge receipt of the Customer's withdrawal statement and inform the Customer of further steps, including the procedure for returning the Goods and answers to questions, if any.
6. The Seller will return to the Customer all payments received, including the costs of delivering the goods, immediately, no later than within 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract. Refund of payments will be made in the same way in which the payment was made, unless the Customer expressly agrees to another way that does not involve additional costs.
7. If the Seller, after obtaining consent from the Customer, has not undertaken to collect the Goods itself, the Seller has the right to withhold the refund of payments received, including the cost of delivering the item, until it receives back the Goods or receives from the Customer proof or confirmation of return of the Goods, whichever is earlier.
8. The Customer must return the item to the Seller or hand it over to a person authorized by the Seller immediately, but no later than within 14 calendar days from the date on which he decided to withdraw from the contract, unless the Seller offered to collect the Goods himself. It is sufficient that the Goods are sent back before the expiration of this period to meet the withdrawal deadline.
9. The Customer who is a Consumer shall bear only the direct costs associated with returning the Goods.
10. The Consumer has the right to withdraw from the contract concluded at a distance without having to give any reason and without additional costs, except for those specified in the consumer law.
11. the Goods should be sent back to the Seller's address as stated in §1 item 3: "Seller's address".
12. the Consumer is responsible for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functions of the Goods. This means that the Customer may evaluate and test the Goods as would be possible in a stationary store (e.g. check their completeness and technical parameters), but may not use them normally, as otherwise, in case of withdrawal from the contract, he may be charged with additional costs related to the diminution of the value of the Goods.
13. The right of withdrawal does not apply to the Customer with respect to certain types of contracts referred to in the Law of May 30, 2014 on Consumer Rights, such as:
a. Contracts for the provision of services, if the entrepreneur has performed the service in full with the express consent of the Consumer and informed him before the start of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract;
b. Contracts whose price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiration of the deadline for withdrawal;
c. Contracts for the supply of goods that have been produced to the Consumer's specifications or are intended to meet his individualized needs;
d. Contracts for the supply of goods that due to their nature are perishable or have a short shelf life;
e. Contracts for the supply of goods that are delivered in sealed packages that cannot be returned after opening for health or hygienic reasons, if the package has been opened after delivery;
f. Contracts for the supply of goods that by their nature become inseparable from other things after delivery.
14. According to the law, the creator whose personal copyrights have been infringed or are threatened shall first of all have the right to demand an end to the infringement and restoration. If the infringement was the result of negligence, the creator may demand compensation for the harm suffered or a certain amount of money for social purposes.
15. The customer who publishes content or makes it available voluntarily declares that:
a. He has the rights to use the content he publishes, including copyright, intellectual property rights or related rights.
b. The posting of personal data, image or information concerning persons other than the Customer is lawful, voluntary and based on the consent of such persons.
c. He agrees that his information, data, images and other content may be viewed by other customers and the vendor, and the vendor may use it free of charge.
d. Agrees to make changes, modifications and interpretations of the works in terms of copyright, under the Law on Copyright and Related Rights.
16. The customer has no right to:
a. Publish the personal data of third parties or distribute their image without the required consent of such third parties.
b. Posting advertising or promotional content inconsistent with the purpose of the store.
17. It is also prohibited to publish content that may:
a. Violate the personal rights of third parties.
b. Be posted in bad faith or be considered inappropriate.
c. Violate the rights of third parties, copyrights, related rights, intellectual property rights, industrial secrets or confidentiality clauses, especially those defined as secret or top secret.
d. Be offensive or threatening to others, such as containing vulgarities.
e. Violate the legitimate interests of the seller.
f. Send unsolicited commercial messages (spam).
g. Otherwise violate applicable laws, social and ethical norms.
18. If a third party or a public authority reports a violation, the vendor reserves the right to modify or remove content published by the customer if it is deemed to violate these terms and conditions or applicable laws.
19. The customer should pay special attention to certain provisions of these rules and regulations, in particular:
a. § 2 para. 3, 8, 10 i 11
b. § 3 pts. 5 i 6
c. § 4 pt. 1
d. § 7 pt. 4
e. § 8 pts. 2, 3
f. § 9 par. 1, 2, 3, 4, 5, 10, 11, 12 i 13
g. § 12 - in its entirety
20. These provisions are considered particularly important, but do not exclude the other provisions of these regulations.
§ 12 Out-of-court settlement of disputes and redress of grievances
1. Information on the methods of out-of-court settlement of disputes and the assertion of claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer advocates, social organizations whose task is to protect consumers, Provincial Inspectorates of Commercial Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.
2. Customers who are not consumers have the opportunity to use various options for out-of-court dispute resolution and redress:
a. They can apply to the Regional Inspector of Commercial Inspection and ask for mediation proceedings to resolve the dispute amicably.
b. They can refer their dispute to the Permanent Amicable Consumer Court, operating at the Provincial Inspector of Trade Inspection, to obtain a final settlement of the dispute arising from the concluded contract.
c. They can apply for free legal assistance, including from the Consumer Federation, which offers support from lawyers.
3. In the case of cross-border disputes, customers can also use the assistance of European Consumer Centers. Information on these institutions can be found on the European Consumer Center's website: www.konsument.gov.pl.
4. customers also have access to the online dispute resolution (ODR) platform, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013. The ODR (online dispute resolution) platform is available at: http://ec.europa.eu/consumers/odr/. It provides a common access point for customers and businesses to resolve consumer disputes related to online contracts.
5. The use of out-of-court dispute resolution methods is voluntary and can only occur with the consent of both parties to the dispute, i.e. the seller and the customer.
§ 13 Provisions for business customers
1. These provisions and the provisions in Paragraph 13 shall apply only to Customers and Service Recipients who are not consumers.
2. The Seller shall have the right to withdraw from the sales contract concluded with a business customer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving any reason, and does not generate claims of the business customer against the seller.
3. If the business customer is not a consumer at the same time, the service provider has the right to immediately terminate the contract for the provision of Electronic Services without indicating reasons, as long as he has sent the customer an appropriate statement.
4. The seller has the right to limit the available payment methods for selected goods or for all goods. In addition, the seller may require prepayment in full or in part, regardless of the selected payment method and the fact of concluding a sales contract.
5. The risk of accidental loss or damage to the goods shall pass to the business customer upon delivery of the goods to the carrier. The business customer becomes responsible for all benefits and charges related to the goods from the moment the goods are delivered to the carrier. In this case, the vendor shall not be liable for loss, damage or shortage of the goods from the moment the goods are accepted by the carrier until they are released to the customer.
6. The customer, who is not a consumer, is obliged to thoroughly inspect the shipment in the standard manner for such shipments. If the customer notices that the goods have been damaged or removed during transport, he is obliged to take all necessary measures to determine the responsibility of the carrier.
7. It is worth noting that in accordance with Article 558 § 1 of the Civil Code, the liability of the seller for product defects, in the case of customers who are not consumers, is excluded.
8. The seller's liability is limited both for individual claims and in aggregate to the amount paid by the customer. The seller is liable only for typical and foreseeable damages that existed at the time the contract was concluded. There is no liability for any lost profits.
9. Any dispute between the online store and a non-consumer customer shall be subject to the jurisdiction of the court having jurisdiction over the seller's registered office.
10. Our offer includes products with a two-year warranty. Each case of warranty will be analyzed individually. Please also refer to the general warranty terms and conditions below:
11. The warranty covers a period of 24 months from the date of purchase of the product.
12. In order to benefit from the warranty, it is necessary that the product is used in accordance with its intended use and recommendations for use and maintenance.
13. The warranty covers defects resulting from the manufacturing process or raw material defects.
14. However, the warranty does not cover:
a. Uneven coloring of the product resulting from the natural properties of the material, damage related to improper installation or positioning of the product (e.g. placing furniture on a floor with underfloor heating, placing furniture next to a fireplace, furniture placed directly next to heat sources such as gas, oil, electric heaters, radiators, heaters, fireplaces), damage resulting from placing hot or cold objects on the furniture, use of chemicals for cleaning furniture or prolonged contact with water.
b. Wood, being a natural material, may undergo natural color changes. Under the influence of UV rays, it may lighten or darken. The warranty does not cover damage resulting from the use of furniture in rooms with humidity below 50% or above 65%. In the case of low humidity, damage such as cracks in the wood may occur due to shrinkage. On the other hand, with humidity above 65%, damage such as cracks and deformation may occur.
c. Natural wear and tear on the product and its equipment, such as scratches.
d. Damage resulting from the transportation of furniture made to the customer's order by the shipping company.
e. Furniture for which the customer has received a discount due to permanent defects and damage of which the customer has been informed.
f. Damage resulting from prolonged exposure of the product to direct sunlight.
15 Warranty exclusions. Forfeiture of warranty rights occurs in situations such as:
a. Improper installation of the furniture, i.e. one that is not in accordance with its intended use.
b. Use of the furniture in a room where the temperature is lower than 18°C or higher than 35°C.
c. Damage to the furniture by covering a large area with materials such as glass, PVC, foil, stone that prevent the natural process of wood breathing.
d. Flooding of the furniture with water or other liquid.
e. Using the furniture in a manner contrary to its intended use.
f. Finding of dirt or improper cleaning and maintenance practices of the furniture.
g. Attempts by unauthorized persons to repair or modify the furniture.
h. Damage or defects caused by animals.
i. Mechanical damage, such as scratches or bruises.
16. Not considered defects such as:
a. Natural changes that occur during normal use of the furniture, resulting from the type of material used.
b. Natural differences in the shade of wood.
c. Visible core rays of wood, which are part of its anatomical structure.
d. Small darker patches in the wood, referred to as "false heartwood," resulting from the characteristic structure of the wood.
e. Minor filling of cavities in the wood.
§15 Final provisions:
1. The online store respects all the rights of the Customers, which are defined by the applicable law.
2. If the applicable law grants to Customers who are consumers more favorable rights and requirements than those contained in these Terms and Conditions, these more specific regulations of the law shall prevail and be binding on the owner of the website.
3. All content published on the Store's website, including graphics, text, page layout and logos, is protected by copyright and is the exclusive property of the Seller. The use of such content without the prior written consent of the Seller is prohibited and may result in civil and criminal liability.
4. The owner of the store, being the administrator of personal data, informs you that:
5. the provision of data is always voluntary, but necessary for the execution of the order.
6. the person providing his/her personal data has the full right to access his/her data, correct them, delete them (the right to be forgotten), limit processing, data portability, as well as the right to withdraw consent at any time, without affecting the legality of processing. Data may be disclosed to the relevant state authorities if required by law.
7. The legal basis for the processing of personal data is Article 6(1)(a) of the General Data Protection Regulation.
8. Personal data will be stored and processed for the period necessary for the execution of the order, but no longer than for a period of 3 years (which includes 2 years for possible complaints and 1 year for other possible claims and emergencies).
9. The person providing his/her personal data has the right to file a complaint with the Office for Personal Data Protection if he/she believes that the processing of his/her data violates the provisions of the General Data Protection Regulation of April 27, 2016.
10. With regard to the processing of personal data in this store, the European Commission has not determined an adequate level of protection by decision, but your data will be adequately secured by IT and legal solutions and measures.
11. Your data will be processed by automated means, including profiling.
12. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular:
a. The Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws 2000 No. 22 item 271 as amended).
b. The Act of July 27, 2002 on specific terms and conditions of consumer sales and amendments to the Civil Code (Dz.U. 2002 No. 141, item 1176 as amended).
c. Act of April 23, 1964 Civil Code (Journal of Laws 1964 No. 16 item 93 as amended).
d. Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2013, item 1422).
e. Industrial Property Law of June 30, 2000 (Journal of Laws 2001 No. 49 item 508 as amended).
f. Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631 as amended).
g. Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827).
13. The amended Regulations are binding on Customers if the requirements set forth in Article 384 of the Civil Code are met (that is, if the Customer has been properly informed of the changes).
14. the Seller reserves the right to make changes to the Regulations for important reasons, such as:
a. changes in legal regulations;
b. changes in forms of payment and delivery;
c. changes in currency exchange rates;
d. changes in the provision of electronic services covered by the Terms and Conditions;
e. changes in the Seller's data, including e-mail address and telephone number.
15. Changes to the Terms and Conditions will not affect orders that have already been placed and are being implemented, for them the Terms and Conditions in effect at the time of placing the order shall apply. The Seller shall inform about the planned changes to the Terms and Conditions on the store website at least 30 days prior to their introduction
16. Disputes arising from the provision of services under these Terms and Conditions shall be resolved by a common court, at the option of the Customer, who is also a consumer, in accordance with applicable Polish law.
17. The appendices to the Regulations are an inseparable part of this document.
18. The contract of sale shall be concluded in the Polish language, in accordance with the content of the Regulations.
19. Customers using this store may access these Regulations at any time via a link available on the homepage of the website. They may also download and print it, but the use of it for commercial purposes is subject to the protection of the Law Office.
20. The Regulations shall come into force on 14.10.2023.