TERMS AND CONDITIONS FOR THE
MADNEZZ.PL ONLINE SHOP
These Terms and Conditions shall govern all use of the madnezz.pl online Shop by all Users.
The Terms and Conditions stated herein set forth: the conditions of concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type and scope of electronic services rendered through the madnezz.pl online Shop, the conditions of rendering the electronic services and the conditions for concluding and terminating electronic services agreements.
By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.
To all matters not settled herein the following provisions of Polish law shall apply:
Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
Act on Out-of-court Settlement of Consumer Disputes of 23 September 2016 (Dz. U. 2016, item 1823),
Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
DEFINITIONS FOR THESE TERMS AND CONDITIONS
REGISTRATION FORM − shall refer to the electronic form available at madnezz.pl required for Account registration.
ORDER FORM – shall refer to the electronic form available at madnezz.pl, required for Order placement.
CUSTOMER – shall refer to a Consumer-User concluding a Sales Agreement with the Seller.
CONSUMER – shall refer to any natural person with a full capacity to perform legal acts, entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
NEWSLETTER – shall refer to the free subscription e-mail information service allowing Users to receive updates on the Products available via the Shop.
PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
SHOP − shall mean the Service Provider’s online Shop located at madnezz.pl.
SELLER, SERVICE PROVIDER – Teresa Penkala and Patrycja Udziela trading as “MADNEZZ” S.C. Teresa Penkala, Patrycja Udziela, a general partnership, registered in the Business Activity Central Register and Information Record (CEIDG) operated by the minister in charge for economy, principal place of business and address for service: 20 Wadowicka Street, 34122 Wieprz, Poland, tax identification number NIP: 5512634561, statistical number REGON: 369719314, email address: email@example.com, telephone number: +48 884 908 901.
SYSTEM OF REVIEWS – shall refer to an electronic service enabling Customers to evaluate the processing and execution of transactions.
SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service Provider via the Shop.
USER − shall refer to any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
PRODUCT AND ORDER INFORMATION
Madnezz.pl conducts retail sales of Products via the Internet solely to Consumers.
Products offered through the Shop are brand new, free from physical or legal defects and have been lawfully introduced into the Polish market.
The information provided at madnezz.pl does not constitute an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product under the terms set forth in the Product description.
The Product prices at madnezz.pl are given in Polish zloty (PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery fees.
The Product prices at madnezz.pl only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
Orders can be placed:
through the website 24 hours a day, 365 days a year by completing an Order Form at mdnzz.com,
Via e-mail at: firstname.lastname@example.org,
The Customer is not required to register an Account to place an Order.
Customers are required to read and acknowledge these Terms and Conditions during Order placement.
Orders are processed between: 8:00 and 16:00, Monday to Friday on Working Days. Orders placed after 16:00 on Working Days as well as Orders placed on a Saturday, Sunday or a public holiday shall be processed the next Working Day.
Special priced Products (promoted as part of a sale) are only available in limited numbers. Orders for special priced Products will be processed in the order in which they are received, until the Products are sold out.
CONCLUDING SALES AGREEMENTS
In order to conclude a Sales Agreement, the Customer must place an Order, in accordance with the rules set forth under § 3 points 6 and 8, by choosing one of the methods made available by the Seller.
After placing a purchase Order, the Customer immediately receives an Order confirmation from the Seller.
Receiving an Order confirmation from the Seller is the point at which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer via email.
The Order confirmation email shall include the following elements:
confirmation of all relevant Order details,
model statement of withdrawal from the agreement,
these Terms and Conditions containing information on the right of withdrawal.
After receiving the confirmation email, as set forth under point 4, the Sales Agreement between the Customer and the Seller is finally concluded.
Each Sales Agreement shall be confirmed by a proof of purchase (a fiscal receipt) attached to the Product.
METHODS OF PAYMENT
The following payment options are made available to the Customer:
Traditional bank transfer to the Seller’s bank account,
electronic payment via electronic payment systems (PayU.pl, PayPal),
cash on delivery (COD),
Traditional bank transfers should be made into the following bank account: 32 1020 1433 0000 1702 0161 7182 (PKO BP S.A.). “MADNEZZ” S.C. Teresa Penkala, Patrycja Udziela, 20 Wadowicka Street, 34122 Wieprz, Poland, tax identification number NIP: 5512634561. The customer should enter the following in the payment title: “Order no. ……” .
All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks.
In the case of cash on delivery payment the Order is dispatched as soon as the Customer’s delivery address has been verified.
The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 7 working days from the date of its conclusion unless indicated otherwise in the Sales Agreement.
If the Customer chooses the payment option set forth under point 1.1 or 1.2 the Product shall be dispatched only after payment is received.
DELIVERY COST, TIME AND METHOD
Delivery charges shall be stated at the time of ordering and are dependent upon the chosen payment and delivery method.
The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is dispatched.
The order processing time takes 1 to 5 Working Days from the date of payment of the purchase price.
Products are delivered within 1 to 2 Working Days from the date of posting – i.e. the time declared by the carrier (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).
All Products are sent via a courier company (DPD, UPS) delivery service.
Statutory warranty process.
The legal basis and the extent of the Seller’s liability to the Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
Notice of a Product defect and all demands should be submitted via email to the following address: email@example.com or in writing to the following address: ul. Wadowicka 20, 34-122 Wieprz, Poland.
The notice, submitted electronically or on paper, should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details Providing all necessary data will speed up the complaint-handling process.
Where inspection is deemed necessary to determine the scope of the defect, the defective Product shall be returned to the following address: ul. Wadowicka 20, 34-122 Wieprz, Poland.
A response to the Customer’s demand shall be sent promptly and, in any event, no later than within 14 days following the date of receipt of the complaint.
In the case of complaints submitted by consumer Customers - the Seller’s failure to consider the Customer’s complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. If a claim is decided in favour of the consumer Customer the Seller shall bear the costs and expenses incurred in connection with the pick-up, delivery and replacement of the defective Product with one free from defects.
A response to the complaint is delivered to the Consumer on paper or other tangible medium.
RIGHT TO WITHDRAW
With the stipulation of point 10 of this chapter Consumer Customers have the right to withdraw from a distance agreement within 30 days without giving any reason for the withdrawal. To exercise the right of withdrawal the consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement (e.g. by submitting the model withdrawal statement provided by the Seller). The statement can be generated with the document generator available HERE.
In the case of withdrawal from a Seles Agreement, the agreement is considered null and void, the Consumer must return the Product to the Seller or any person authorised by the Seller do receive the Product on his behalf without delay and no later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up the Product from the Consumer. To comply with the time limit it is sufficient that the Product is dispatched on time.
In case of withdrawal from a Sales Agreement the Product should be returned to the following address: 20 Wadowicka Street, 34122 Wieprz, Polska.
The Consumer shall be held responsible for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product. In order to establish the nature, characteristics and functioning of the Product, the Consumer should inspect the Product as he would be allowed to do in a brick-and-mortar store.
With the stipulation of points 6 and 8 of this chapter the Seller shall reimburse to the Consumer the full amount paid, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed on a different refund method which does not incur any costs on the Consumer’s part.
The Shop shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of Product delivery other than the least expensive type of standard delivery offered by the Shop.
If the Seller does not offer to pick up the return from the Customer himself, the Seller may withhold reimbursement until he has received the Product back or until the Consumer has supplied evidence of having sent back the Product, whichever occurs first.
The Consumer who withdraws from a Sales Agreement under point 1 of this chapter, must only bear the direct cost of returning the Product to the Seller.
The “cooling-off” period expires 30 days after the day the Consumer received the Product, or in the case of a service after the day of concluding an agreement.
The right of withdrawal in any event does not apply to Sales Agreements for the supply of:
products made to the Consumer’s specification, i.e. non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the Consumer.
products delivered sealed, subsequently unsealed, which are not suitable for return for reasons of hygiene or health protection.
goods which become mixed inseparably, according to their nature, with other items after delivery.
a service, after the service has been fully performed, the performance of the service begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his right of withdrawal once the Agreement had been fully performed by the Seller.
Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider grants access to the following Electronic Services:
concluding Product Sales Agreements,
managing the Website Account,
access to the Newsletter,
using System of Reviews.
These Terms and Conditions shall apply to all Electronic Services provided through madnezz.pl
The Service Provider reserves the right to display advertising content at madnezz.pl Advertisements are an integral part of the online Shop front and the materials presented therein.
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
The Electronic Services set forth under § 9 point 1 of these Terms and Conditions are free of charge.
Term of the agreement:
Electronic Services Agreements for Account management are concluded for an indefinite period of time.
Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
Electronic Services Agreements for the provision of Newsletter is concluded for an indefinite period of time.
Electronic Services Agreements enabling the User to post a Review on the website is concluded for a definite period of time and terminates once the User submits or ceases to submit a Review.
End-user hardware, network and software requirements for the ICT system used by the Service Provider:
a computer (or a mobile device) with an active Internet connection,
access to email account,
The User agrees to use the Shop in accordance with the principles of good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to the Service Provider.
The User is prohibited from providing any unlawful or illegal content.
COMPLAINTS PROCEDURE FOR ELECTRONIC SERVICES
Complaints about Electronic Services provided via madnezz.pl should be submitted via email to firstname.lastname@example.org.
All complaints should contain sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include information about the nature of the issue, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
All complaints shall be resolved promptly and, in any event, no later than within 14 days following the date of receipt.
A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
Terminating an Electronic Services Agreement:
Continuing and indefinite-term Electronic Services Agreements (e.g. Account management agreement) may be terminated.
The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: email@example.com.
The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
The notice of termination leads to a cessation of legal relations with the effect for the future.
Both the Service Provider and the User may terminate an Electronic Services agreement at any time by mutual agreement of the parties.
The compilation of all content at madnezz.pl (with the stipulation of § 13 point 3 as well as content used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of “MADNEZZ” S.C. Teresa Penkala, Patrycja Udziela principal place of business and address for service: 20 Wadowicka Street, 34122 Wieprz, Poland, tax identification number NIP: 5512634561, statistical number REGON: 369719314. The User shall bear all liability for damages caused to the Service Provider caused by any use of the content of the website madnezz.pl without the consent of the Service Provider.
Any use or reproduction of the content of the website madnezz.pl or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
All trade names, Product names, company names or logos mentioned on madnezz.pl may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented at madnezz.pl are used for information purposes only.
Agreements concluded through the Shop are construed in accordance with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
Any disputes between the Shop and Consumers arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point 4 of this section.
Judicial dispute settlement procedures:
Any disputes arising between the Service Provider and the consumer User (Customer) shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
Any disputes arising between the Service Provider and the non-consumer User (Customer) shall be settled by the court having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.