statute

REGULATIONS OF THE MARFA ONLINE SHOP

§1 General information

1. These Regulations define the terms and conditions of the sale of Goods - clothing in the MARFA online store operating at www.marfafashion.com, for Consumers, within the meaning of art. 22 (1) of the Civil Code and non-consumer entities.
2. The online store is run by Agata Mularczyk - Pyskło running a business under the name MARFA Agata Mularczyk - Pyskło in Poznań at ul. Gromadzka 13a, 61-655 Poznań (address of the main place of business), NIP 9721240288 REGON 302179991 e-mail address: contact@marfafashion.com phone number 881590530.
3. Contact details:
Correspondence address: ul. Gromadzka 15B, 61-655 Poznań,
E-mail address: contact@marfafashion.com
Telephone number: 881 590 530
Bank account: 57 1090 1737 0000 0001 3585 7386

4. The Seller informs that placing an Order in the Store requires the Customer / Contractor to pay the price for the Goods and delivery costs in accordance with the provisions of these Regulations.

§2 Definitions

The terms used in the Regulations mean:
1. Working days - days of the week from Monday to Friday, excluding public holidays,
2. Customer - an adult natural person with full legal capacity who, as a Consumer, places an Order or concludes a Goods Sale Agreement with the Seller,
3. Contractor - an adult natural person with full legal capacity, not being a Consumer, a legal person, an organizational unit without legal personality but having legal capacity, placing an Order or concluding a Sales Agreement directly related to its business or professional activity,
4. Civil Code - the Act of April 23, 1964 (consolidated text, Journal of Laws of 2014, item 121, as amended),
5. Consumer - a consumer within the meaning of Art. 22 (1) of the Civil Code; a consumer is a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity,
6. Cart - an element of the Store to which the Customer / Contractor may add Goods for which he wants to place an Order,
7. Subject of the Agreement - Goods that are the subject of the Sales Agreement concluded between the Parties,
8. Regulations - these Regulations of the MARFA Online Store. In the field of services provided electronically, the Regulations are regulations within the meaning of the Act on the provision of electronic services,
9. Store - an online store called MARFA operating at www.marfafashion.com, through which the Customer / Contractor may place an Order,
10. Seller - Agata Mularczyk-Pyskło running a business under the name MARFA Agata Mularczyk - Pyskło in Poznań at ul. Gromadzka 13a, 61-655 Poznań (address of the main place of business), ul. Gromadzka 15B 61-655 Poznań (address for service) NIP 9721240288 REGON 302179991 e-mail address: contact@marfafashion.com, telephone number 881 590 530, who is the designer of all goods in the Store,
11. Party - the Seller and the Customer / Contractor,
12. Goods - clothing (movable) listed and described on the website at www.marfafashion.com being the Subject of the Agreement, being the result of the Seller's creativity,
13. Sales Agreement - a sales contract within the meaning of the Civil Code, concluded between the Seller and the Customer / Contractor via the Store,
14. Act on the Protection of Personal Data - the Act of August 29, 1997 on the Protection of Personal Data (consolidated text, Journal of Laws of 2014, item 1182, as amended),
15. Act on consumer rights - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827),
16. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2013, item 1422 as amended)
17. Order - a declaration of intent of the Customer / Contractor submitted via the Store, constituting an offer to purchase a given Good, clearly specifying the type, quantity and price, the method of collecting the Goods and the identification data of the Customer / Contractor, aimed directly at the conclusion of a Sales Agreement between the Parties,
18. Individual order - declaration of will of the Customer / Contractor submitted by e-mail to the Seller's e-mail address, constituting an offer to purchase a given Good, made according to the Customer / Contractor's specifications or serving to satisfy his individual needs, clearly specifying the type, quantity and price, method of collecting the Goods and data identification of the Customer / Contractor, aimed directly at the conclusion of a Sales Agreement between the Parties,
19. Order processing time - the period of Order execution by the Seller, counted from the date of payment by the Customer / Contractor of the price under the Sales Agreement, until the Seller entrusts the Goods to a courier company in order to deliver the Goods to the place indicated by the Customer / Contractor, or until the date of sending Information to the Customer / Contractor about the preparation of goods for collection by the Customer / Contractor.

§3 General rules

1. Orders in the Store, under the conditions specified in the Regulations, may be submitted by:
a) Consumers who are of legal age and have full legal capacity, or
b) adult natural persons with full legal capacity who are not Consumers, legal persons, organizational units without legal personality but having legal capacity, intending to make a purchase from the Seller directly related to their business or professional activity.
2. The condition for submitting an Order is to read the Regulations before placing the Order and to accept the Regulations.
3. The Sales Agreement is concluded in Polish, in accordance with Polish law and the Regulations.
4. The presentation of the Goods in the Store does not constitute an offer within the meaning of the Civil Code.
5. The presentation of the Goods in the Store is an invitation to tender. The order placed by the Customer / Contractor is only an offer to purchase a given Good and does not result in an immediate conclusion of a Sales Agreement.
6. Contact of the Customer / Contractor with the Seller is possible on working days from 8.00 to 16.00.

§4 Services provided electronically
1. Services provided electronically on the basis of the Regulations consist in enabling the Customer / Contractor to place Orders and conclude a Goods Sale Agreement via the Store.
2. Orders are placed by the Customer / Contractor using the so-called The shopping cart.
3. The contract for the provision of electronic services is terminated without the need for the Parties to submit any additional statements, when the Seller sends to the e-mail address provided by the Customer / Contractor? information about the impossibility of accepting the Order in accordance with § 5 para. 6 of the Regulations or upon the conclusion of a Sales Agreement between the Parties in accordance with § 5 sec. 7 of the Regulations.
4. All complaints and comments regarding the functioning of the Store should be sent to the Seller to the e-mail address provided in §1 of the Regulations, and their consideration by the Seller will take place on the days and hours indicated in § 3 sec. 6 of the Regulations.
5. The Seller shall not be liable for technical problems or technical limitations in the computer equipment, terminal equipment, ICT system or telecommunications infrastructure used by the Customer / Contractor, and which prevent the Customer / Contractor from properly using the Store.
6. The Seller is not responsible for any interruptions in the use of the Store due to technical reasons, in particular due to maintenance, inspection, replacement of equipment, or other reasons beyond its control, and for the consequences of such interruptions.
7. The Seller reserves the right to temporarily suspend the operation of the Store and to completely cease making the Store available without prior notification to the Customer / Contractor and without giving reasons for such action.

§5 Placing an Order and concluding a Sales Agreement
1. Orders can be placed 24 hours a day via the website at www.marfafashion.com by adding the Goods to the Basket and accepting the Regulations, with the exception of the Goods referred to in paragraph 9 below.
2. Before placing an Order, the Customer / Contractor should read the terms of the Sales Agreement, in particular: Size table, Order completion time and delivery costs, and the provisions of these Regulations.
3. Placing an Order requires:
a) Go to the subpage of the selected Good,
b) Choosing the right size (after reading the Size Chart)
c)? Addition? Goods to the Cart by clicking on the appropriate icon,
d) Checking the Order and possible modification on the subpage? Cart "
e) Go to the "Checkout" subpage,
f) Entering personal data and the delivery address of the Goods,
g) Choice of payment method.
h) Order Confirmation,
i) Acceptance of the Regulations and consent to the processing of personal data in connection with the implementation of the Order,
j) In the case of Paypal, redirection to PayPal
k) In the case of a transfer, redirection to the transfer data subpage.
4. Placing an Order by the Customer is tantamount to submitting to the Seller by the Customer an offer to conclude a Sales Agreement for a specific Good. The mere placement of an Order by the Customer does not result in an immediate conclusion of a Sales Agreement. By submitting the Order, the Customer / Contractor confirms that he knows that if the Order is accepted by the Seller, the Order entails an obligation to pay.
5. After placing the Order, the Customer / Contractor will receive to the e-mail address provided by him, automatically generated by the Store, confirmation of placing the Order containing information about the total price of the ordered Goods and the total cost of delivery of the ordered Goods.
6. Due to the fact that the Goods are designed and made (sewn) by the Seller, the Seller may notify
7. Customer / Contractor - to the e-mail address provided by the Customer / Contractor - about the inability to accept the Order, in particular due to the unavailability of the Goods or other reasons.
8. The order is binding for the Seller upon the expiry of the period referred to in sec. 5 above, and not to send the Customer / Contractor to the e-mail address information about the inability to accept the Order and on the condition of receiving, i.e. posting on the Seller's account, the payment for the price of the goods and delivery costs. At this moment, a Sales Agreement is concluded between the Parties.
9. The Seller has the right to contact the Customer to confirm the submission of the Order.
10. The Goods that are the subject of the so-called Individual orders.
11. Placing and accepting Orders for the Goods referred to in sec. 9 above, is subject to individual arrangements of the Parties by electronic means via the e-mail address of the Seller and the Customer / Contractor as to its type, duration of the Order, date and costs of delivery and price. In such cases, the Sales Agreement is concluded if the parties agree on all the negotiated provisions of the Agreement.
12. The size table placed next to the Goods is an integral part of these Regulations.

§6 Price of the Goods, payment

1. All prices presented in the Store are given in Polish zlotys (PLN) and are expressed as a gross amount including VAT. The prices do not include the costs of delivery of the Goods.
2. If the Parties conclude a Sales Agreement, the Customer / Contractor is obliged to pay the Seller the price for the purchased Goods together with the delivery costs by:
a) transfer of funds to the Seller's bank account No. 57 1090 1737 0000 0001 3585 7386 within 2 working days from the date of the Sale Agreement,
b) by electronic transfer through the system (paypal, transfery24, monetivo),
3. The PayPal system allows you to send and receive payments via the Internet. PayPal works as a virtual purse. In the PayPal system, the Customer / Contractor pays using an online transfer made by logging into his / her own bank account, if the PayPal system will be serviced by the bank where the Customer's / Contractor's bank account is kept.
4. If you choose the method of payment in the form of a transfer referred to in sec. 2a) of this paragraph, the Seller waits for the payment of the price of the Goods and delivery costs within 2 business days from the date of placing the Order. In the absence of payment within this period, the Order does not bind the Seller, i.e. there is no conclusion of a Sales Agreement between the Parties.

§7 Execution of Orders

1. The duration of the Order by the Seller is provided next to the description of the Goods, therefore the Customer / Contractor, by placing the Order, accepts the time of completion of this Order provided next to the description of the Goods.
2. The Seller commences the execution of the Order on the day the entire price for the purchased Goods is credited to the Seller's bank account, including the delivery costs.
3. The duration of the Order, for reasons beyond the control of the Seller, may change, about which the Customer / Contractor will be notified to the e-mail address provided in the Order, along with an indication of the reason and probable date of the Order.
4. The execution of the Order by the Seller ends on the day the Seller entrusts the Goods to a courier company in order to deliver the Goods to the place indicated by the Customer / Contractor or send to the Customer / Contractor information about the preparation of the Goods for collection.

§8 Delivery of the Goods

1. The Customer / Contractor may choose the following method of delivery of the Goods:
a) personal collection of the Goods at the following address: ul. Gromadzka 15B Poznań,
b) delivery of the Goods via a courier company to the place indicated by the Customer (in Poland).
2. The costs of delivery of the Goods in Poland are borne by the Customer / Contractor.
3. The amount of delivery costs has been determined as a lump sum and amounts to PLN 20 in Poland.
4. Delivery costs are included in the VAT invoice or receipt.
5. The Seller shall inform the Customer / Contractor - to the e-mail address provided by him - about entrusting the Goods to a courier company for delivery to the place indicated by the Customer / Contractor or about preparing the Goods for personal pickup.
6. If the Customer / Contractor selects a personal pickup, the Customer / Contractor is obliged to collect the Goods within 3 days from the date of receipt of information about the preparation of the Goods for personal pickup.
7. In the case of delivery of the Goods via a courier company, the delivery date results from the terms of delivery of the courier company, in the case of the Seller it is DPD. The customer / contractor is obliged to read these terms and conditions in advance. Approximate delivery time - up to 5 business days.

§9 Responsibility for defects and complaints

1. All Goods presented in the Store are designed and manufactured by the Seller. They are new, free from legal and physical defects.
2. If the Goods purchased by the Customer have a physical or legal defect, the Seller is liable to the Customer under the warranty on the terms regulated by the provisions of the Civil Code.
3. The Customer has the right to submit a written complaint to the Seller regarding the purchased Goods by sending it by registered mail to the correspondence address indicated in §1 of the Regulations.
4. The complaint should indicate at least:
a) name, surname, address, e-mail address of the Customer,
b) the date of ordering the Goods being the subject of the complaint,
c) invoice or receipt number,
d) Goods subject to complaint,
e) Consumer's request,
f) justification of the complaint.
5. The Customer is obliged to deliver the defective Goods to the address indicated in §1 of the Regulations, together with the complaint referred to in paragraph 3 of this section.
6. The Customer is asked to attach a VAT invoice or a receipt or a payment confirmation to the returned Goods.
7. The Customer is asked to send back the Goods in the packaging that protects the Goods against damage.
8. The Seller recognizes the complaint within 14 days from the date of receipt of the complaint along with the Goods attached to it (receipt of the Goods by the Seller is necessary for its examination and proper consideration of the complaint).
9. The response to the complaint is sent to the address or e-mail address provided by the Customer.
10. If the complaint is considered unjustified, the Seller will deliver the Goods to the Customer? at his expense? to the address indicated in the complaint or, in the event of failure to provide it, to the address indicated in the Order as the place of receipt of the Goods.
11. If the Goods are not collected by the Customer, the Seller shall call the Customer - to the e-mail address provided by the Customer and in writing to the address provided by the Customer to collect the Goods within 7 days from the date of receipt of the request. After the ineffective expiry of the additional deadline, the Seller is entitled to charge a fee for non-contractual storage of the Goods.
12. Pursuant to Art. 558 par. 1 of the Civil Code, the Parties exclude the Seller's liability towards the Contractor for physical and legal defects of the Goods (warranty).

§10 Withdrawal from the contract - applies only to Consumers

1. A customer who has concluded a Sales Agreement may withdraw from it without giving any reason within 14 calendar days, in accordance with art. 27 of the Act on consumer rights.
2. The deadline to withdraw from the Sales Agreement shall expire after 14 calendar days from the day the Customer or a third party designated by him, other than the carrier, takes possession of the goods.
3. The declaration of withdrawal from the Sales Agreement should be sent to the correspondence address indicated in § 1 point 3 of the Regulations.
4. The declaration of withdrawal from the Sales Agreement may be submitted on the form, a specimen of which has been attached to the Regulations.
5. To meet the deadline for withdrawing from the Sales Agreement, it is enough to send a statement before that deadline.
6. The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement, will return to the Customer all payments made by him, including the costs of delivering the Goods, except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered by the Seller. .
7. The Seller shall refund the payment using the same method of payment as used by the Customer.
8. The Seller may withhold the reimbursement of payments received from the Customer until the Goods are returned or the Customer provides proof of their return, whichever occurs first.
9. The Customer is obliged to return the Goods to the Seller to the correspondence address indicated in § 1 point 3 of the Regulations or to hand over the Goods to a person authorized by the Seller to collect them within 14 days from the date on which he withdrew from the Sales Agreement. This deadline will be met if the Goods are returned before the deadline.
10. The Customer is asked to send back the Goods in the packaging that protects the Goods against damage.
11. The Customer who withdrew from the Sales Agreement is obliged to incur:
a) additional costs incurred by the Customer in connection with the choice of the method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller,
b) direct costs of returning the Goods.
12. The Customer is liable only for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
13. The condition for the positive consideration of the return is receipt of the product intact with the complete set of original tags. The product cannot show any signs of use.
14. The right to withdraw from a distance contract is not entitled to the Customer in relation to the Sales Agreement in the scope of the so-called Individual orders, due to the fact that these are goods made according to the customer's specifications or to satisfy his individual needs and are the subject of individual, special arrangements between the Parties.

 

§11 Protection of personal data

1. The administrator of personal data collected via the Store is the Seller.
2. The personal data of the Client / Contractor are processed in accordance with the Act on the Protection of Personal Data and the Act on Providing Services by Electronic Means.
3. Personal data is processed by the Administrator only for the purpose of establishing, shaping the content, changing, performing or terminating the contractual relationship between the Seller and the Customer / Contractor consisting in the provision of electronic services through the Store or the conclusion and performance of the Sales Agreement and delivery of Goods to the Customer / Contractor , as well as to document the above-mentioned contractual relations.
4. In the case of Customers / Contractors who use the service of delivery of the Goods via a courier company to the place indicated by the Customer, the Administrator provides the Customer's collected personal data to the extent necessary for delivery to UPS Polska Sp. z o. o. ul. Prądzyńskiego 1/3
01-222 Warsaw.
5. The administrator processes the following personal data of customers: name, surname, address including the street and house or flat number, postal code and city, and also NIP, telephone number and e-mail address.
6. Providing personal data referred to in sec. 5 of this paragraph is necessary within the meaning of art. 18 sec. 1, 2 and 3 and article. 22 sec. 1 of the Act on the provision of electronic services.
7. Using the Store, placing Orders via the Store and concluding contracts for the provision of electronic services or Sales Agreements via the Store, which involves the need to provide personal data, is voluntary, and the data subject undertakes in this respect independently decisions.
8. The structure of the Store has been designed in such a way that it can be visited without the necessity to identify or disclose personal data. When visiting the Store, no data is collected to identify the visitor himself or his computer.
9. The Client / Contractor has the right to access their personal data and correct them. The Customer / Contractor has the right to control the processing of personal data concerning him, contained in the Administrator's data set, and in particular the right to request supplementing, updating, rectifying personal data, temporarily or permanently suspending their processing or removing them if they are incomplete or out of date. , are untrue or have been collected in violation of the Act or are no longer necessary for the purpose for which they were collected.
10. The Administrator provides the following technical measures to prevent the acquisition and modification by unauthorized entities of personal data sent by the Customer / Contractor by electronic means: securing the data set against unauthorized access, access to the Account only after providing an individual login and password.

§12 Polityka dotycząca „cookies”

1. Sklep używa tzw. „cookies” (ciasteczka) w celu umożliwienia Klientom/Kontrahentom wykorzystywania poszczególnych funkcji Sklepu oraz dostosowania zawartości strony internetowej Sklepu do preferencji Klienta/Kontrahenta a także optymalizacji korzystania z tej strony internetowej.
2. „Cookies” zawierają informacje konfiguracyjne, zapisujące dane potrzebne, m.in. do zalogowania się Klienta/Kontrahenta na Konto Klienta/Kontrahenta, realizacji Zamówienia.
3. Dane osobowe gromadzone przy użyciu „cookies” są zbierane wyłącznie w celu wykonywania określonych funkcji na rzecz Klienta/Kontrahenta, np. zapamiętania logowania, zapamiętania Towarów dodanych do Koszyka. Takie dane są zaszyfrowane w sposób uniemożliwiający dostęp do nich osobom nieuprawnionym.
4. „Cookies” są automatycznie akceptowane przez większość przeglądarek internetowych. W każdej chwili Klient/Kontrahent może je wyłączyć, aktywując odpowiednie ustawienia w swojej przeglądarce internetowej lub tak zmodyfikować ustawienia przeglądarki, aby być informowanym o wszystkich sytuacjach związanych z przesyłaniem „cookies”.
5. W przypadku wyłączenia „cookies” lub modyfikacji ustawień przeglądarki internetowej dotyczących „cookies” pewne części Sklepu mogą nie działać poprawnie.

§ 13 Technical conditions. The functionality of digital content and technical measures to protect it. Relevant digital content interoperability with hardware and software
1. To use the Store, you need:
a) a computer or other device enabling the launch of a web browser,
b) a correctly configured web browser in accordance with the standards of Microsoft Internet Explorer (from version 9.0), Mozilla Firefox, Google Chrome, Safari, Opera in the highest version,
c) active e-mail address (detailed information on the use of the e-mail address is provided below),
d) screen resolution of at least 1024 × 768,
e) installed application for opening PDF files,
f) an active connection to the Internet that allows two-way communication via the HTTPS protocol,
g) Java Script and cookies support enabled.
2. The Seller sends the Customer to the e-mail address provided by the Customer indicated in the Regulations messages that are digital content within the meaning of the Consumer Rights Act, solely for the purpose of the proper provision of electronic services and the proper performance of the Sales Agreement.
3. The Seller may send the following digital content to the e-mail address provided by the Customer / Contractor:
a) a message confirming the registration of the Customer / Contractor in the Store and the creation of a Customer / Contractor Account, along with a link enabling the activation of the Customer / Contractor Account,
b) a statement on the termination of the contract for the provision of electronic services with immediate effect,
c) notification of the impossibility of accepting the Order,
d) information about the extension of the Order completion date,
e) information about entrusting the Goods to a courier company in order to deliver them to the place indicated by the Customer / Contractor or about preparing the Goods for personal pickup,
f) response to the complaint,
g) request to collect the Goods,
h) Regulations and information on changes to the provisions of the Regulations,
i) other digital content related to the provision of electronic services or the performance of the Sales Agreement, in particular information about the next stages of the Order,
j) commercial information, if the Customer / Contractor agrees to receive it separately.
4. The Customer's / Contractor's Account is available to people who log in to it, providing the appropriate login (name of the Customer's / Contractor's Account established by the Customer / Contractor in the registration process) and a password. The Customer / Contractor is responsible for the consequences of sharing the login or password with third parties. In order to increase the security of transactions made via the Store, the Customer / Contractor should adhere to the following rules:
a) not to disclose the login and password to persons unauthorized by the Customer / Contractor to access the Customer's / Contractor's Account,
b) enter login and password in a way that prevents other people from getting to know them,
c) not to save the password,
d) change the password from time to time.

§14 Final provisions

1. The Regulations constitute an integral part of the Sales Agreement concluded by the Parties. The parties are bound by the Regulations in the wording as at the time of placing the Order by the Customer / Contractor.
2.By submitting the Order, the Customer / Contractor accepts the Regulations, and thus declares that the Regulations have been made available to him in a way that allows the acquisition, reproduction and recording of the content of the Regulations using the ICT system he uses, and that he has read the Regulations and accepts the contained in it provisions.
3. In matters not covered by the Regulations, the relevant applicable legal provisions, including the provisions of the Civil Code, shall apply.
4. The Regulations are made available to Clients / Contractors free of charge via the website - operating at www.marfafashion.com - in electronic form, which allows them to be downloaded, saved and printed.
5. It is forbidden for the Customer / Contractor to provide illegal content.
6. The Customer / Contractor, by registering in the Store or placing an Order, declares that all data provided by the Customer / Contractor are true and up-to-date. The Customer / Contractor undertakes to inform the Seller about each change of his data, in particular his address and e-mail address. In the event of a change in the data of the Customer / Contractor, in particular the address or e-mail address of the Customer / Contractor, without informing the Seller about this fact, to the correspondence address or e-mail address indicated in §1 of the Regulations, the Seller sends information or a statement to the Customer / Contractor according to the recently known data of the Customer / Contractor or to the address or e-mail address indicated by the Customer / Contractor, it is considered effective delivery after 7 days from the date of dispatch.
7. The law applicable to the contract for the provision of electronic services and the Sales Agreement concluded by the Parties is Polish law.
8. Any disputes arising between the Parties in connection with the contract for the provision of electronic services or the Sales Agreement will be resolved first through negotiations with the intention of amicable settlement of the dispute.

Attachments to the Regulations of the MARFA Online Store

Appendix No. 1 Model withdrawal form - attached as Appendix No. 2 to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)
Appendix 1
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Addressee: Agata Mularczyk-Pyskło; address: ul. Gromadzka 13A 61-655 Poznan