Determining i.a. terms of concluding sales contracts through the shop, containing the most important information about the Seller, the shop and Consumer rights.
Section 1 Definitions
Section 2 Seller’s Contact Details
Section 3 Technical Requirements
Section 4 Purchasing at the Shop
Section 5 Payments
Section 6 Performing Orders
Section 7 Right of withdrawal
Section 8 Exceptions from the right of withdrawal
Section 9 Complaints
Section 10 Personal data
Section 11 Restrictions
Appendix 1: Model withdrawal form
Section 1 DEFINITIONS
Account – a free-of-charge function of the Shop (service) which allows the Buyer to register his/her own individual Account at the Shop.
Business days – Monday through Friday with the exception of public holidays in Poland.
Consumer – Consumer in the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
Buyer – any entity making a purchase at the Shop whose habitual residence in the European Union.
Terms and Conditions – these Terms and Conditions.
Shop – Makemyballs online shop maintained by the Seller at the address https://makemyballs.com directed to Buyers.
Seller – Tomasz Stanisław Plicha, entrepreneur conducting an economic activity under the business name Makemyballs Tomasz Plicha, entered into the Central Registry and Information about Business Activity kept by the minister competent for economy, NIP number (Polish Tax Identification Number) 7322126348, , REGON number (Polish National Business Registry Number) 368465515, ul. Nowy Świat 13, 95-100 Zgierz .
Section 2 SELLER’S CONTACT DETAILS
1. Postal address: ul. Nowy Świat 13, 95-100 Zgierz.
2. E-mail address: firstname.lastname@example.org.
3. Phone number: +48 503 790 970.
4. The basic tariﬀ of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariﬀ adopted by the Buyer's operator.
Section 3 TECHNICAL REQUIREMENTS
1. A device with Internet access and web browser supporting:
are required for the proper functioning of the Shop.
2. An active e-mail account is required to place an order at the Shop, in addition to the requirements specified in subsection 1
1. The prices of the goods displayed at the Shop are the total prices.
2. The total price displayed at the Shop includes: price of the good and delivery cost if applicable.
3. The Buyer first adds the chosen good to the Shop cart.
4. Then the Buyer chooses the means of delivery and payment available at the Shop and also provides any data necessary for the performing of the order.
5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
6. Placing the order is tantamount to conclusion of the contract between the Buyer and the Seller.
7. The Seller provides the Consumer with a confirmation of the concluded contract, on a durable medium, at the latest at the time of the delivery of the good.
8. The Buyer can register at the Shop, that is, set up an account at the Shop or purchase goods without registration by providing his/her data for each potential order.
Section 5 PAYMENTS
1. Subject to subsection 2, the following means of payment are available at the Shop:
a. a regular transfer to the Seller’s bank account.
b. by Payment Cards:
c. payment platform:
d. cash on delivery payment.
2. Additional information about the means of payment can be found at the relevant tab at the Shop, including information about the possibility of using specific means depending on the Buyer’s country.
3. In case the Buyer chooses to pay for the order in advance, the payment should be made within 2 business days from the date of concluding the sales contract.
4. The Seller declares that because of the specifics of some means of payment (e.g. electronic payments), their use is only possible immediately after the order is placed.
Section 6 PERFORMING ORDERS
1. The goods purchased at the Shop are delivered only within the European Union – to the following Member States of the EU:
f. Czech Republic
ab. United Kingdom
2. Subject to subsection 3, Goods purchased at the Shop are delivered, depending on the mean of delivery chosen by the Buyer:
a. via the Polish Post
b. to InPost EasyPacks
3. More information about the means of delivery can be found at the relevant tab at the Shop, e.g. information about the possibility of using specific means depending on the Buyer’s country.
4. The Seller is obliged to deliver the goods without any defects.
5. The time for order fulfilment is specified at the Shop.
6. If the Buyer chooses to pay for the order in advance, the Seller will commence fulfilment of the Order after having received the payment.
7. If multiple goods are ordered by the Buyer in one order, the order will be performed in the time corresponding to the good with the longest time for order fulfilment.
8. If the subject of the contract is digital content which is not supplied on a tangible medium – such content will be delivered upon the expiration of the withdrawal period specified in section 7, unless the Consumer has consented to the beginning of the performance of the contract during the withdrawal period.
Section 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
only a Consumer has the right to withdraw from the contract
1. A Consumer has the right to withdraw from this contract within 14 days without giving any reason, subject to section 8 of the Terms and Conditions.
2. The withdrawal period will expire after 14 days from the day:
a. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires physical possession of the goods – in the case of a sales contract
b. on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the last good – in the case of a contract relating to multiple goods ordered by the Consumer in one order and delivered separately
c. of the conclusion of the contract – in the case of a contract for the supply of digital content which is not supplied on a tangible medium.
3. To exercise the right of withdrawal, Consumer must inform the Seller, using the data specified in section 2 of the Terms and Conditions, of his/her decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail)
4. The Consumer may use the attached model withdrawal form, however it is not obligatory.
5. To meet the withdrawal deadline, it is suﬃcient for the Consumer to send his/her communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
6. If the Consumer withdraws from this contract, the Consumer will be reimbursed all payments received from him/her, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer choice of a type of delivery other than the least expensive type of standard delivery oﬀered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Consumer's decision to withdraw from this contract.
7. The Seller will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.
8. The Seller may withhold reimbursement until the Seller has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
9. The Consumer shall send the goods back or hand them over to the Seller to the following address: ul. Nowy Świat 13, 95-100 Zgierz without undue delay and in any event not later than 14 days from the day on which the Consumer communicates his/her withdrawal from this contract to the Seller. The deadline is met if the Consumer sends back the goods before the period of 14 days has expired.
10. The Consumer will bear the cost of returning the goods.
11. The Consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the good.
12. If the goods, by their nature, cannot normally be returned by post, the Consumer will have to bear the direct cost of returning the goods. The Consumer will be given the information about estimated cost in the description of the good at the Shop or during the process of placing the order.
Section 8 Exceptions from the right of withdrawal
1. The Consumer does not have the right of withdrawal from a distance contract in the case of the following contracts:
a. the supply of goods made to the Consumer’s specifications or clearly personalised;
b. the supply of goods which are liable to deteriorate or expire rapidly;
c. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
d. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
e. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
f. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
g. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
h. the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
2. No other entity than the Consumer has the right of withdrawal from distance contract mentioned in section 7 of the Terms and Conditions.
3. In case of reimbursement from the transaction performed with payment card, the Seller will carry out such reimbursement using the bank account signed to the Consumer’s paymant card.
Section 9 COMPLAINTS
1. In the case of defects in the good the Buyer can complain about defective good.
2. The Seller is responsible for any defect which becomes apparent within 2 years from the date of delivery.
3. In the case of defect of the good the Buyer can:
a. Request a price reduction.
b. Exercise the right of withdrawal from the contract, if the defect is substantial.
c. Demand an exchange of the good for a good free from defects.
d. Demand that the defect be removed.
4. The Seller requests that complaints be addressed to the postal address or e-mail address specified in section 2 of the Terms and Conditions.
5. If the delivery of the good is necessary for the examination of a complaint, the Buyer is obliged to hand this good over to the Seller, in the case of the Consumer at the expense of the Seller, at ul. Nowy Świat 13, 95-100 Zgierz.
7. Complaints concerning the functioning of the Shop should be reported electronically to the e-mail address specified in section 2 of the Terms and Conditions.
8. The Seller will review the complaint within the period of 14 days.
OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
9. In case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a:
a. Assistance of competent European Consumer Centre of the EEC-Net. Centres provide Consumers with information about their rights and assist in solving individual problems with cross border transactions.
The assistance of Consumer Centres is free of charge by default.
A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html
b. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
10. Furthermore, the following support options are available in the Republic of Poland:
a. Mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. A list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
b. Assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
c. Free-of-charge assistance of the municipal or poviat consumer advocate.
Section 10 PERSONAL DATA
1. Personal data provided by the Buyer for the purpose of using the Shop are administrated by the Seller.
2. During purchasing goods at the Shop the Buyer provides voluntarily personal data, which is necessary for performing the order.
3. The Buyer has the right to review the personal data which concerns him/her and to demand their amendment.
4. Personal data provided by the Buyer for the purpose of placing and fulfilling the order will be processed by the Seller only for the purposes referred to in the present section, unless the Parties agree otherwise.
Section 11 RESTRICTIONS
1. The Buyer is forbidden to provide content of illegal nature.
2. Each order placed at the Shop requires conclusion of a separate contract and separate acceptance of the Terms and Conditions. The contract is concluded for the time and for the purpose of order fulfilment.
3. Terms and Conditions regulations relating to the good are also applicable to the digital content which is not supplied on a tangible medium.
4. Any dispute arising between the Seller and the Buyer who is not the Consumer will be submitted to the court competent for the Seller’s registered oﬃce.
5. No regulation of the present Terms and Conditions waives or restricts in any way the Consumer rights imposed by the provisions of law.
6. The contracts concluded through the Shop are prepared in Polish or in English – depending on the Buyer’s decision.