Terms & Conditions
I. Preliminary Provisions
1. The Magdalena Orlik online store, available at the Internet address www.magdalenaorlik.com, is run by Biuro i Design Magdalena Orlik-Kilarska, ul. Borsucza 7/63, 30-408 Kraków, NIP 9441044652, REGON 380712111.
2. These regulations are addressed to Consumers and define the rules and procedure for concluding a Distance Sales Agreement with the Consumer via the Store.
1. 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.
2. Seller – a natural person conducting business activity under the name Biuro i Design Magdalena Orlik-Kilarska, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 9441044652, REGON 380712111.
3. Customer – any entity making purchases via the Store.
4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Store – an online store run by the Seller at the Internet address www.magdalenaorlik.com
6. Distance contract – a contract concluded with the Customer as part of an organized system for 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 moment of concluding the contract.
7. Regulations – these Regulations of the Store
8. Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
9. Account – the customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
10. Registration form – a form available in the Store that allows you to create an Account.
11. Order form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Basket – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as – applying to the characteristics of the Product – a contract for the provision of services and a contract for specific work.
III. Contact with the Store
1. Seller’s address: ul. Borsucza 5/18, 30-408 Krakow
2. Seller’s e-mail address: email@example.com
3. Seller’s telephone number: 502587607
4. Seller’s bank account number: mBank 74 1140 2004 0000 3702 7781 0083
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may communicate by phone with the Seller from 10:00 to 17:00, on business days
IV. Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
– terminal device with access to the Internet and a web browser,
– active e-mail account (e-mail),
– enabled cookies,
– FlashPlayer installed.
V. General information
1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
2. Browsing 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 execution of the Order without creating an Account.
3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final (final) amount to be paid by the Customer consists of the price for the Product 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, including in the moment of expressing the will to be bound by the Sales Agreement.
rotection of customers’ personal data
VII. Rules for placing an Order
In order to place an Order, you must:
1. log in to the Store (optional);
2. select the Product being the subject of the Order, and then click the “Add to basket” button (or equivalent);
3. log in or use the option of placing an Order without registration;
4. if the option of placing an Order without registration has been selected – fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product), enter the invoice data, if different from the details of the recipient of the Order,
5. click the “Order and pay” button / click the “Order and pay” button
6. choose one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
VIII. Delivery and payment methods offered
1. The Customer may use the following methods of delivery or collection of the ordered Product:
a) Courier shipment
2. The customer may use the following payment methods:
a) Payment by bank transfer to the Seller’s account
b) Electronic payments
c) Payment by payment card, the supported cards are: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party. When paying by card, the order processing time is counted from the moment the transfer is credited to the seller’s account.
3. In my shop, electronic payments are handled by tPay. The owner and operator of the tpay.com website is Krajowy Integrator Płatności Spółka Akcyjna with its registered office in Poznań, at ul. St. Marcin 73/6
IX. Execution of the sales contract
1. 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.
2. 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 appropriate e-mail to the Customer by the Seller to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on 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.
3. If the Customer chooses:
a) payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 1 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
4. The product will be sent by the Seller on the date indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
6. The beginning of the period of delivery of the Product to the Customer is counted as follows:
a) If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.
8. In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest given date.
X. Right of withdrawal
1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in par. 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.
3. 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.
4. The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address or by submitting a 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 template of which is Annex No. 1 to these Regulations and the Annex to the Act of May 30, 2014 on consumer rights, however, it is not mandatory.
5. Effects of withdrawing from the Agreement:
a) In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
b) In the event of withdrawal from the Agreement, the Seller returns to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the item, with the exception of additional costs resulting from the chosen by the Consumer a method of delivery other than the cheapest standard delivery method offered by the Seller.
c) The Seller will return the payment 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 him.
d) The Seller may withhold the reimbursement until receipt of the Product back or until proof of its return is provided to him, depending on which event occurs first.
e) 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 back the Product before the expiry of the 14-day period.
f) The consumer bears the direct cost 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.
6. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
b) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,.
1. The Sales Agreement covers new Products.
2. 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 on warranty in the Civil Code.
3. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
4. The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer’s request was justified.
5. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
6. If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
XII. Out-of-court methods of dealing with complaints and pursuing claims
1. Detailed information on the possibility for the Consumer to use out-of-court complaint and redress methods 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, Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
2. The consumer has the following exemplary possibilities to use out-of-court methods of dealing with complaints and pursuing claims:
a) The consumer is entitled to apply to the 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
b) The consumer is entitled to apply to the voivodship 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.
c) The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .
XIII. Personal data in the Online Store
1. The administrator of Customers’ personal data collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of the personal data of the Online Store Customers may be:
a) In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator.
b) In the case of a Customer who uses the Online Store with the method of electronic payments or by payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.
XIV. Final Provisions
1. Agreements concluded through the Online Store are concluded in Polish.
2. 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 that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any change at least 7 days in advance.
3. 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.
4. The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.