"Miszkomaszko" TERMS OF SERVICE
of May 31, 2012
The terms used in these Terms of Service refer to:
1. Customer - a person, a legal entity or an organizational unit that is not a legal entity who is ascribed specific legal capacity by the law and which places an Order in the Store;
2. Civil Code - act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
3. Terms of Service – these Terms of Service for the services provided electronically by the on-line store www.miszkomaszko.com;
4. On-line store (Store) – Internet service available at www.miszkomaszko.com which particularly enables the Customer to place Orders;
5. Products - products offered by the On-line store;
6. Sales agreement - agreement for the sale of Products as described by the Civil Code signed by Agata Maria Piechocka Warsztat Projekt Sztuka and the Customer, signed by the means of the On-line store service;
7. Act on specific terms and conditions of consumer sale - law of July 27, 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended);
8. Act on Rendering Electronic Services - act of July 18, 2002 on rendering electronic services (Journal of Laws No. 144, item 1204, as amended);
9. Order - Customer's declaration of will that leads to signing of a Sales agreement, describing in particular the type and number of Products.
II. General provisions
2.2. These Terms of Service are a set of rules that is described by the art. 8 of the act on rendering electronic services.
2.3. The On-line store that renders its services at www.miszkomaszko.com is owned and run by Agata Maria Piechocka Warsztat Projekt Sztuka.
2.4. These Terms of Service in particularly describe:
a) terms of registering and using the account in the On-line store;
b) terms and conditions for placing Orders electronically in the On-line store;
c) terms of signing a Sales Agreement using the services rendered by the On-line store.
2.5. In order to use the On-line store, the Customer should on its own obtain the access to a computer station or a final device with the Internet access.
2.6. According to the abiding law, Agata Maria Piechocka Warsztat Projekt Sztuka reserves the right to limit the rendering of services by the means of the On-line store to the persons at the age of 18 years and older. Should such a situation occur, the prospective customers will be notified of it.
2.8. Customers have the access to these Terms of Service at any time, using the reference at the main page of the service at http://miszkomaszko.com/pl/content/3-regulamin-sklepu, as well as the right to download it and print it.
2.9. Information regarding the Products that can be found on the pages of the On-line store, in particular their descriptions, technical and utility parameters and prices, are invitations to sign an agreement, as described by art. 71 of the Civil Code.
3.1. In order to start using the services of the On-line store, it is required to register in the store.
3.2. One registers by completing and accepting the registration form available on one of the Store's pages.
3.3. Registration is only possible if you accept the Terms of Service and submit your personal details in the fields marked as obligatory.
3.4. Agata Maria Piechocka Warsztat Projekt Sztuka has the right to withdraw the Customer's right to use the On-line store, as well as limit its access to parts or all of the resources of the On-line store with immediate effect, should the Customer violate these Terms of Service, and in particular has:
a) submitted personal details which are untrue, not precise or outdated, misleading or violating the rights of a third party,
b) infringed personal interests of a third party by the means of the On-line store, especially personal interests of other Customers of the On-line store,
3.5. A person who has lost the right to use the On-line store, cannot register again without obtaining a prior consent of Agata Maria Piechocka Warsztat Projekt Sztuka.
3.6. In order to guarantee the safety of communication and data with respect to the services provided by the Website, the On-line store will undertake technical and organizational measures that comply with the threats to the safety of the services provided, especially the measures that prevent acquisition and modifications of the personal details submitted on the Internet by unauthorized persons.
3.7. The Customer is particularly obliged to:
a) refrain from submitting and communicating content that is forbidden by the abiding law, e.g. content that promotes violence, slanderous or violating personal rights and other rights of a third party,
b) using the On-line store in a way that does not interfere with its functioning, especially by using certain software or equipment,
c) not undertaking actions such as: sending or submitting to the On-line store trade information that has not been ordered (spam),
d) using the On-line store in a way that is not burdensome for other Customers and for Agata Maria Piechocka Warsztat Projekt Sztuka,
e) using the content submitted by the On-line store for personal advantage only,
f) using the On-line store according to the abiding law of the Republic of Poland, provisions of these Terms of Service, and general rules for using the Internet.
IV. Procedures for signing a Sales agreement
4.1. In order to sign a Sales agreement by the means of the On-line store, you need to visit the website www.miszkomaszko.com, make your choice by performing the following technical actions, based on the messages displayed to the Customer and the information provided by the site.
4.2. The choice of Products by the Customer is made by adding them to the shopping cart.
4.3. During Ordering - until the moment of pressing "Buy" - the Customer has the right to modify the details submitted and the Products chosen. In order to do so, the Customer has to follow the messages displayed and the information available at the site.
4.4. After submitting all the necessary information by the Customer using the On-line store, an Order summary will be displayed for the Customer. An Order summary will include the following information:
a) the ordered products,
b) unit price and total price for the ordered products or services, together with the shipping costs and additional costs (if applicable),
c) the chosen payment method,
d) the chosen shipping method,
c) the time of delivery,
4.5. In order to submit your Order, you need to accept the Terms of Service, submit your personal details marked as obligatory and press "Place your Order".
4.6. Placing an Order by the Customer is a declaration of will to sign a Sales agreement with Agata Maria Piechocka Warsztat Projekt Sztuka, in agreement with the content of the Terms of Services.
4.7. After placing the Order, the Customer receives an e-mail which contains the final confirmation of all the important Order details.
4.8. The Sales agreement is considered signed the moment the Customer receives the e-mail mentioned above.
4.9. Sales agreement is signed in Polish or in English, with the content in accordance to the Terms of Service.
5.1. The Products are delivered to the address given by the Customer while placing the Order.
5.2. The Products are delivered with a courier parcel or with Poczta Polska. The delivery costs are:
5.2.1. Courier parcel, available only on the territory of Poland, 20 PLN including VAT
5.2.2. Poczta Polska:
Poland 10 PLN including VAT
Europe 25 PLN including VAT
Asia 35 PLN including VAT
Australia and Oceania 35 PLN including VAT
South America 35 PLN including VAT
North America 35 PLN including VAT
Africa 35 PLN including VAT
Delivery costs will be indicated while placing an Order.
5.3. Delivery period is 1-10 working days from the day of placing the Order by the Customer for the Republic of Poland, and up to 21 working days for deliveries abroad.
5.4. Consolidating, securing, sharing and confirming with the Customer all of the important provisions of the Sales agreement for the sale of Products is done by sending an e-mail to the address submitted by the Customer and by attaching a printout with the Order confirmation, Order details and VAT invoice to the parcel containing the Order.
VI. Prices and payment methods
6.1. The prices of Products are in Polish zloty and include all the components, including VAT (price rates specified). For deliveries outside the European Union the gross price is reduced by VAT. Agata Maria Piechocka Warsztat Projekt Sztuka bears no responsibility for toll fees or import levies.
6.2. The Customer can use the following payment methods:
a) money transfer to the bank account BZ WBK PL 47 10901854000 0000 117299838,
b) using Przelewy 24.pl, Paypal,
c) Visa, MasterCard
VII. The right to withdraw from the agreement
7.1. The Customer who is a consumer, as described by the art. 221 of the Civil Code, has the right - according to the abiding law - to withdraw from the remote agreement, without stating a cause, by making a relevant statement in writing within 14 days, by sending it back to Agata Maria Piechocka Warsztat Projekt Sztuka address provided in these Terms of Service.
7.2. The 10 days are counted from the moment of delivery of the Products.
7.3. The right to withdraw from the agreement by the consumer does not apply if miszkomaszko has begun - with the consumer's consent - to provide their services, within 10 days from signing the agreement;
products (services) that are not a regular trade offer of the shop, custom-made for the Customer and adjusted to its personal preferences;
services that due to their character cannot be returned or which constitute a product that is subject to fast deterioration
7.4. If you withdraw from a remote agreement, the agreement is considered invalid. The services rendered by the parties are returned in an unchanged form, unless the change was necessary within the framework of ordinary handling. The return should be made immediately, not later than within 14 days. The purchased products should be returned to:
Agata Maria Piechocka Warsztat Projekt Sztuka
ul.Czechosłowacka 141, 60-116 Poznań
7.5. The Products returned by the Customer should be wrapped in a way that secures no damage to the parcel during the shipment.
7.6. Packaging and shipment costs for returning the products are paid by the Customer.
VIII. Complaints regarding the Products
8.1. Agata Maria Piechocka Warsztat Projekt Sztuka as a seller answers to the Customer who is a consumer, as described in the art. 221 of the Civil Code, for non-compliance of the Products purchased by that consumer with the Sales agreement, as described in the Act on on specific terms and conditions of consumer sale.
8.2. Complaints that result from violating the rights of the Customer that are guaranteed by the law or resulting from these Terms of Service should be sent to firstname.lastname@example.org. Agata Maria Piechocka Warsztat Projekt Sztuka commits itself to consider the complaint within 14 days, and if it is not possible, to inform the Customer about the date for consideration of the complaint.
8.3. Agata Maria Piechocka Warsztat Projekt Sztuka is a maker of products. The maker bears the responsibility resulting from the warranty for the sold Products.
IX. Complaints about the services provided electronically
9.1. Agata Maria Piechocka Warsztat Projekt Sztuka undertakes the actions in order to secure the proper functioning of the On-line store in a way that results from the current technical knowledge, and commits itself to remove all the irregularities reported by the Customers within a reasonable period of time.
9.2. The Customer is obligated to immediately report to Agata Maria Piechocka Warsztat Projekt Sztuka all the irregularities or interruptions in functioning of the On-line store services.
9.3. The irregularities with respect to the functioning of the On-line store can be reported in writing to ul.Czechosłowacka 141, 60-116 Poznań, to the e-mail address email@example.com or using the contact form.
9.4. In the complaint the Customer should give its name and surname, the address for correspondence, type and occurence date for the irregularity related to the functioning of the On-line store.
9.5. Agata Maria Piechocka Warsztat Projekt Sztuka commits itself to consider the complaint within 14 days, and if it is not possible, to inform the Customer about the date for consideration of the complaint.
Personal Data Protection
10.1. Personal data necessary for realizing the process of the mail order of products are processed by the on-line store according the act of August 29, 1997, on personal data protection (Journal of Laws of 2002, no. 101, item 926).
10.2. Personal data er not shared with persons not related with the trade activities of Miszkomaszko and are processed only to realize and service Customers' orders and send information regarding the products. Information regarding the shipping address, contact phone number and Customer's e-mail address are shared with Agata Piechocka Warsztat Projekt Sztuka, the post office and courier service that delivers the parcels, as well as PayU and PayPal in order to process the payments.
10.3. Transmitting the data related to the payment process using PayU S.A. is made with the use of SSL EV protocol that secures the highest standards of identity authorization.
10.4. The Customers have the right to view their personal data and make necessary changes, as well as withdraw their permission to process the personal data.
XI. Final Provisions
11.1. Settlement of potential disputes between Agata Maria Piechocka Warsztat Projekt Sztuka and the Customer who is a consumer, as described by the art. 221 of the Civil Code, is referred to the competent course, according to the relevant provisions of Civil code of conduct.
11.2. Settlement of potential disputes between Agata Maria Piechocka Warsztat Projekt Sztuka and the Customer who is not a consumer, as described by the art. 221 of the Civil Code, is referred to the competent course with respect to the seat of Agata Maria Piechocka Warsztat Projekt Sztuka.
11.3. To all matters not settled herein provisions of the Polish criminal code shall apply.