- The online store of the “MBackdrops” website, available at https://mbackdrops.art/, is run by Magdalena Rączka running a business under the name Studio Kreatywne Magdalena Rączka, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 1231125914, REGON 366810149.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
- Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
- Seller - a natural person running a business under the name Studio Kreatywna Magdalena Rączka, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 1231125914, REGON 366810149.
- Client - each entity making purchases through the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
- Store - an online store run by the Seller at the Internet address https://mbackdrops.art/
- Distance contract – an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
- Terms and conditions - these Store regulations.
- Order - Customer’s declaration of will submitted via the Order Form and aimed directly at concluding the Product or Products Sales Agreement with the Seller.
- Account – the customer’s account in the Store, it contains data provided by the customer and information about orders placed by him in the store. Account creation takes place while placing the order and is optional.
- The order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment, as well as delivery data to the Customer. The order form also allows optional registration and creation of an account.
- Cart – an element of the Store’s software, which shows the Products selected for purchase by the Customer and which enables modification of the Order data, in particular the quantity of products.
- Product - a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales agreement – Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – according to the features of the Product – a contract for the provision of services and a contract for specific work.
- Seller’s address: ul. Grodzka 42/1, 31-044 Kraków, Poland
- Seller’s e-mail address: [email protected]
- The Customer may communicate with the Seller using the addresses in this paragraph and the contact form available at https://mbackdrops.art/contact
To use the Store, including viewing the Store’s assortment and placing orders for Products, you must:
- terminal device with access to the Internet and a web browser,
- an active e-mail account (e-mail),
- enabled cookies
- The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
- Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
- The prices given in the Store are given in euro and are net prices (excluding VAT).
- The final (final) amount to be paid by the Customer consists of the price for the Product, VAT if required and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, in including when expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
- When the nature of the subject of the Agreement does not allow, judging reasonably, for the advance calculation of the final price, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs, will be provided in the Store in the Product description.
- To set up an Account in the Store, select the “Create Account” option when placing the Order.
- Creating an Account in the Store is free.
- Logging in to the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
In order to place an Order:
- select the Product that is the subject of the Order, and then click the “Add to Cart” button (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option to place an Order without registration has been chosen – fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient’s details. Optionally, you can select the option of creating an Account in the store and granting access data (password);
- before placing the Order, you can optionally log in to the User Account existing in the Store, by entering the previously assigned password;
- choose one of the available payment methods;
- click the “Buy and pay” button;
- depending on the method of payment, pay for the order within a specified period, subject to § 9 point 3.
Payment methods and shipment options
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website at: https://mbackdrops.art/faq/
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- The customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
- The product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
- In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
- The start of the period for delivery of the Product to the Customer is counted from the date of crediting the Seller’s bank account.
- The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
Right to withdraw
- The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
- In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
- In the case of an Agreement which consists in the regular delivery of Products for a specified period (subscription), the date specified in paragraph 1 runs from taking possession of the first thing.
- The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
- The statement may be sent by traditional mail or by e-mail by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, the specimen of which is attached to the Act of May 30, 2014 on consumer rights, but it is not obligatory.
- If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
- Consequences of withdrawal from the Agreement:
- In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
- In the event of withdrawal from the Agreement, the Seller shall return the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement.
- The cost of returning the product to the Seller is borne by the Customer.
- The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for them.
- The consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
- The consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
- The consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
- for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, he will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,
Complaints and guarantee
- The Sales Agreement covers new Products.
- The seller is obliged to provide the customer with an item free from defects.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
- Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
- It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.
- The Seller will respond to the complaint immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer’s request was considered justified.
- Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations. The cost of shipping is borne by the Customer, when the Seller accepts the complaint, he reimburses the Customer with the cost of shipping the product. The product must be delivered intact and without additional damage.
Out-of-court complaint and redress procedures
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
- The administrator of personal data of Customers collected via the Online Store is the Seller.
- Customers’ personal data collected by the administrator via the Online Store is collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- The recipients of the personal data of the Customers of the Online Store may be:
- In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
- In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
- The customer has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
- The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
- The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, he may submit a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.