TERMS OF USE

RULES AND REGULATIONS of the online shop operating at www.massja.pl

TABLE OF CONTENTS:
§1 General stipulations
§2 Subject of the Online Shop
§3 Conditions of purchase and delivery
§4 Payment
§5 The right to withdraw, complaint procedures
§6 Privacy policy
§7 Final provisions

Annex no. 1 – FORMULA OF WITHDRAWAL FROM THE CONTRACT AS AN APPENDIX TO THE ACT OF 30 MAY 2014 ON CONSUMER RIGHTS

 

§1 General stipulations

1. Rules and Regulations of the online shop, hereinafter referred to as the Rules and Regulations, define the rules for using the website operated at www.massja.pl, hereinafter referred to as the Online Shop.
2. The owner of the Online Shop operating at www.massja.pl is the company Magdalena Michalak with its registered office in Józefów 16H, 95-002 Józefów, NIP PL7271781970, REGON: 472197540, hereinafter referred to as the Seller, who conducts business activity, registered in the Polish Central Registration And Information On Business.
3. Correspondence address: 95-002 Józefów, Józefów 16H.
4. Everyone can browse the Online Shop’s resources, but at the moment of any action, in particular when placing an order, such person gains Buyer status.
5. The Buyer is both the Consumer and the Entrepreneur, as explained below:
a) Consumer – a person who makes purchases in the Online Shop that are not related to his business or professional activity
b) Entrepreneur – means a person, a legal person or an organization that is not a legal person, which the law provides for legal capacity, which conducting business or professional activity on its own behalf and executing a legal transaction directly related to its business or professional activity.
6. Lack of consent to the processing of personal data makes it impossible to place an order.
7. The owner and administrator of the www.massja.pl website and the administrator of personal data is the Seller.
8. To use of the website requires: a web browser with JavaScript support, recommended resolution – minimum 1024 × 768. Failure to meet the requirements set out in this point may result in improper functioning of the website for which the Seller is not liable.
9. The Seller does not bear any responsibility for the content and other materials posted by Buyers and other users. It is forbidden to use the website to prepare unlawful content, illegal activities that are commonly considered morally reprehensible, socially inappropriate.

 

§2 Subject of the Online Shop

1. The subject of the Online Shop is the sale of candles from natural waxes, paraffin candles and other similar products created by hand as well as other items and services (Product).
2. Promotional products, sales products or Products that are not part of the permanent offer of the Online Shop are available in a limited quantity. The Seller reserves that the execution of orders for these Products depends on the order of placing the order.
3. The Seller shall not be liable for the functioning of the Products made in accordance with the drawings, templates, designs, etc. provided by the Buyer.
4. The Buyer represents and warrants that the drawings, templates, designs, etc. submitted by him do not infringe any rights of third parties.
5. All prices determined by the Seller are gross prices and do not include shipping costs to the registered office / place of residence of the Buyer or other place indicated by him.
6. The transport costs shall be covered by the Buyer, unless the parties decide otherwise in writing.

 

§3 Conditions of purchase and delivery

1. Orders are accepted via the website www.massja.pl and by sending an order to the address massja@massja.pl. The order should specify the exact name and address of the Buyer, the type, quantity of the ordered Product and the form of payment.
2. Orders placed on weekdays after 14 o’clock, on Saturdays, on Sundays and on holidays will be considered on the next business day.
3. An order through the website www.massja.pl is done by pressing the “buy and pay” button. In order to carry out the transaction, you should follow the instructions given at every stage of the ordering procedure. The necessary condition is to provide the required data and information.
4. Confirmation of placing an order through the website www.massja.pl will take place automatically, by sending a message to the e-mail address given when placing the order. Receiving a message means that the order has been correctly placed. Confirmation of the order submitted by e-mail to the address: massja@massja.pl will take place by sending a message to the e-mail address from which the order was placed.
5. The product is available in the warehouse only if information on the Product is available on the Online Shop website. In other cases, the Products will be manufactured after placing the order.
6. The order will be processed after the payment is credited to the Seller’s bank account or the Seller has received confirmation of the payment transaction within:
a) three (3) business days for Products available in stock;
b) five (5) business days for Products manufactured after placing the order;
c) for orders of a larger quantity of the Product, the time of the production will be determined individually.
d) the time specified when confirming the order (in the case of foreign orders).
7. The Products purchased by the Buyer are delivered via the courier company DHL, in accordance with the price list indicated in the Regulations and at www.massja.pl.
8. Shipping is carefully packed to prevent damage to the Products.
Price list:
Area A – Czech Republic, Germany, Slovakia – 11 Eur
Area B – the Netherlands, Austria, Belgium, Lithuania, Luxemburg, Slovenia, Hungary – 12 Eur
Area C – Croatia, Denmark, Estonia, Finland, Latvia, Sweden – 14 Eur
Area D – Bulgaria, France, Spain, Ireland, Monaco, Portugal, Romania, United Kingdom, Italy – 18 Eur or 16 GBP
In case of shipment to other countries, the Buyer will receive shipping options together with the price list each time in response to the order. By confirming the order, the buyer accepts the presented shipping costs.
Price lists refer to the shipment of a maximum of 5 pieces of candles in one package.
9. The above prices are set by the Seller and include the cost of packaging and sending.

 

§4 Payment

1. The following payment methods are available:
a) by bank transfer – to the bank account of the Seller – Inteligo PKO BP: 88 1020 5558 0000 8202 3072 8936.
a) by transfer via the electronic payment system Przelewy24 and PayPal. Transactions by credit card and e-transfer are carried out via Przelewy24 and PayPal;
2. In the case of orders paid by bank transfer, the maximum waiting time for posting the payment on the Seller’s account is 7 days. No posting of payment for the order within 7 days or no confirmation of the transfer within 7 days from the date of its submission, results in the order being canceled.
3. The buyer will receive a bill on demand in the order. In order to receive an invoice, it is necessary to provide the data in writing which should appear on the invoice.

§5 The right to withdraw, complaint procedures

I. Right of withdrawal
1. The consumer may return the Product without giving a reason within 14 days:
a) from the date of receipt of goods by the Consumer or by a third party designated by him, other than the carrier;
b) if the agreement includes many Products that are delivered separately, in parts – since the last part, has been picked up;
c) if the contract consists in delivering the Products for a specified period of time – from the day of first part of contract;
2. In order to exercise the right to withdraw from the contract, the Consumer must inform The seller about his decision to withdraw from the contract by way of a clear statement (for example, a letter sent by post to the following address: Magdalena Michalak, Józefów 16H, 95-002 Józefów or by email: massja@massja.pl).

3. The Customer shall return the products to the Shop without delay, but not later than within 14 days from the date of withdrawal from the agreement. For the deadline of returning the products to be respected, the Customer simply needs to return the products before the deadline expires. The returned Product should be sent back to the following address: Magdalena Michalak, Józefów 16H, 95-002 Józefów. Products shall be returned in the same condition in which they were purchased, which means that they cannot show any damage or defects. Products should be returned together with the packaging.
4. In the event of withdrawal from the Sales Agreement, the contract is considered void.
5. If the Consumer submitted a statement on the withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract of Sale, return all payments, including the cost of Delivery. The Seller may withhold reimbursement of payments until receipt of the Product back.
7. The payment shall be returned using the same method of payment as the Consumer used, unless the Consumer has agreed to a different method of return, which does not involve any costs for him.
8. If the Consumer has chosen the method of delivery of the Product other than the cheapest delivery method offered by the Shop, the Seller is not obliged to refund any additional costs.
9. The cost of returning the Product by the Consumer shall be cover by the Consumer.
10. The consumer is not entitled to withdraw from the contract in which the product is manufactured according to the Consumer’s specification.
11. The Seller shall not be liable for physical defects caused as a result of using the Product in a manner contrary to its intended use and to the rules of use included in the description of the Product and delivered with the Product.
II. Complaint procedures
1. The Seller is obliged to deliver the Product without defects. A physical defect is the incompatibility of the sold Product with the sales contract. The seller is liable to the Buyer if the item sold is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or ruling of the competent authority (legal defect).
2. In the event of non-compliance of the Product with the contract, the Buyer shall use the warranty in accordance with Polish Law and the provisions of the Polish Civil Code.
3. It is assumed that the defect of the Product existed at the time of sale if the Consumer finds a defect within one year of the Product being released.
4. The Seller shall be liable under the warranty if the physical defect is found before the expiration of two years from the date of the release of the Product to the Buyer.
5. In the case of using the warranty, the Buyer shall have the following rights:
1) Group I: a request for a price reduction or a refund in accordance with the following rules:
a) If the sold Product has a defect, the Buyer may submit a statement of price reduction or withdrawal from the contract of sale, unless the Seller immediately and without inconvenience to the Buyer replace the defective Product with a defect-free one or remove the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller did not replace the Product with a product free from defects or to remove the defect. The reduced price should remain in such proportion to the price resulting from the sales contract, in which the value of the Product with the defect remains to the value of the Product without a defect. The buyer can not withdraw from the sales contract if the defect is irrelevant.
b) If the Customer is a Consumer, he may request replacement of the Product with a product free from defects, unless bringing the Product into conformity with the sales contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. If only some of the Products sold are defective and can be disconnected from Products free of defects, without harm to both parties, the Consumer’s right to withdraw from the contract is limited to Defective Products.
2) Group II: a request to repair or replace the Product in accordance with the following rules:
If the Product sold has a defect, the Buyer may request replacement of the Product with a fault-free one or removal of the defect. The Seller is obliged to replace the defective Product with one free of defects or to remove the defect within a reasonable time without inconvenience to the Buyer. The Seller may refuse to remedy the Buyer’s satisfaction if it is impossible to bring the defective Product into conformity with the contract in the manner chosen by the Buyer or would require excessive costs in comparison with the second possible way to bring it into conform it according with the sales contract.
6. The entitlements described in point 5 of the Regulations are of an equal nature, which means that the Buyer is able to immediately use both the first and second group of rights.
7. Complaints should be submitted in writing to the following address: Magdalena Michalak, Józefów 16H, 95-002 Józefów. A complaint, in addition to the notification of a defect, may contain the following information:
– the date of the contract of sale
– whether the claim results from a guarantee or non-compliance of the Product with the contract
– features of the Product
– payment method and price
– additional data, e.g. order number, customer,
– description and photographs of defects or damages
– formulating the request.
8. If the Product is not compliant with the contract, the Buyer is obliged to send the complaint directly to the Seller. If the Buyer is a Consumer, the Seller is obliged to consider the complaint within 14 days of its notification. If the Seller has not responded to the Consumer’s complaint within 14 days, the complaint shall be deemed justified.
9. To exercise the rights under the warranty for legal defects of the sold Product, the provisions concerning physical defects apply, except that the period for exercising the warranty rights starts from the day on which the Buyer find out of the defect and if the Buyer find out about the existence of the defect only as a result of an action of a third party – from the day on which the decision issued in a dispute with a third party became final.
10. If the complaint is not accepted, the Buyer may pursue its claims before the Common Court.

 

§6 Privacy policy

1. Personal data of Buyers are protected in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data and repealing Directive 95/46 / EC (general data protection regulation) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) and the Act on the provision of electronic services of 18 July 2002. (Journal of Laws No. 144, item 1204).
2. Personal data is encrypted by the SSL system.
3. The entrusted data is processed by the data controller only for the purpose of the contract performance. In the case of customers subscribed to the newsletter also to inform about new products, services and promotions offered by the Online Shop.
4. The administrator of the Customer’s personal data is Magdalena Michalak (NIP 7271781970, REGON: 472197540, address: Józefów 16H, 95-002 Józefów)
5. The administrator processes the following categories of your personal data: data to issue an invoice: NIP, address, company name; data for sending products: name and surname, address, telephone number, e-mail address; data for the newsletter: e-mail address, name and surname.
6. The administrator of the Customer’s personal data, to the extent necessary to perform the service / product will be entities: Accounting And Trade Office Barbara Kaczała, Home.pl, DialCom24 Sp. z o.o., PayPro SA, PayPal, InPost and DHL.
7. The processing of the Customer’s personal data by the said entities is necessary to perform the service or to make an electronic payment.
8. The Customer’s personal data will be stored from the moment they are obtained until the consent is withdrawn (in the case of persons subscribed to the newsletter), and in the case of the conclusion of the contract until the claims resulting from the law are terminated. Magdalena Michalak has signed contracts for entrusting the processing of Customers’ personal data with those of the above entities (paragraph 6) with which it is required by law.
9. The customer has the right to access their data and the right to correct, delete, limit processing, the right to data transfer, the right to raise objections.
10. The customer has the right to lodge a complaint with the competent supervisory authority when he considers that the processing of his personal data violates the general provisions of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to processing personal data and on the free movement of data and the repeal of Directive 95/46 / EC (general regulation on data protection).
11. Providing personal data by the customer is voluntary. If the personal data is not provided, the contract will not be concluded.

 

§7 Final provisions

1. The Seller reserves the right to temporarily or completely disable the Online Shop’s website in order to improve, maintain, review, add services, etc.
2. It is forbidden without the consent of the Seller to copy and any other use of information, data and other content made available on the Online Shop website, except for the permitted use resulting from the Copyright and Related Rights Act.
3. The Seller reserves all rights of industrial property, ownership and copyrights of designs, photographs, drawings, utility models, products and other materials that can not be made available to third parties without its written consent.
4. The Seller reserves the right to change the Rules And Regulations. The modification of the Rules And Regulations becomes effective within 7 days from the moment of making the modification Rules And Regulations available on the Online Shop website. Orders placed by Buyers before the modifications to the Rules And Regulations come into force are implemented in accordance with the current provisions of the Rules And Regulations.
5. The rights and obligations of the parties arising from the agreement concluded shall be governed by the Act of 30 May 2014. on Customer Rights (Journal of Laws of 24 June 2014, Item 827) and the Act of 23 April 1964 Civil Code (Journal of Laws 2014.121 as amended.). The product sale agreement is concluded in accordance with the Polish law and in the Polish language. Any dispute arising out of the sale agreement shall be settled by the competent local court of general jurisdiction.

 

Attachment no. 1,

FORMULA OF WITHDRAWAL FROM THE CONTRACT AS AN APPENDIX TO THE ACT OF 30 MAY 2014 ON CONSUMER RIGHTS
(this form should be filled in and returned only if you wish to withdraw from the contract)

 

– Addressee
[name, address, city, postal code, country, phone number, e-mail address]
………………………………………………………………………………………………………..

– (customer data)………………………………………………………………………………………….

I hereby inform you / we inform (*) about my / our withdrawal from the contract for delivery of the following items (*)
………………………………………………………………………………………………………………………

– Name and surname of the consumer (s) …………………………………………………………………………………….
– Consumer (s) address …………………………………………………………………………………………………….
– Signature of the consumer (s) (only if the form is sent in paper version) ………………………………… ..
– Date …………………………… ..
(*) Delete as applicable.