GiftShop Terms & Conditions
Regulations of the Online Shop
I. Preliminary Provisions
- The online Shop autorrooms.pl is managed by MAMASTUDIO Sp. z o. o. Sp. K. seated in Warsaw (00-660) ul. Lwowska 17/11, entered in the National Court Register kept by the Local Court for the capital city of Warsaw, 12th Commercial Division, with the KRS number 0000396281, NIP 7010313715, REGON 1454846690.
- The present Regulations are intended for Consumers and define the rules and course of concluding a remote Sales Agreement with the Client via the Shop as well as the process of the product sales and delivery to the Client.
- Client – each entity making purchases via the Shop.
- Seller – MAMASTUDIO Sp. z o. o. Sp. K. seated in Warsaw (00-660) ul. Lwowska Street 17/11, entered in the National Court Register kept by the Local Court for the capital city of Warsaw, 12th Commercial Division, with the KRS number 0000396281, NIP 7010313715, REGON 1454846690.
- Shop – online shop run by the Seller at autorrooms.pl.
- Remote agreement – an agreement concluded with the Client under a system of concluding remote contracts without simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to the time of the contract conclusion, inclusive.
- Regulations – the present Regulations of the Shop.
- Order – the Client’s statement of will submitted via the Order Form and aiming directly at concluding a Product/s Sales Agreement with the Seller.
- Order Form – an interactive form available in the Shop that enables to place an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the delivery and payment method.
- Basket - an element of the Shop’s software displaying the Products selected for purchase by the Client. It also enables determination and modification of the Order data, in particular the quantity of products.
- Product - a movable item available in the Shop, being the subject of the Sales Agreement between the Client and the Seller.
- Sales Agreement - a contract concerning the sales of a Product concluded between the Client and the Seller via the online Shop.
III. Technical Requirements
- The following requirements need to be fulfilled to use the Shop, including ordering Products:
- terminal device offering access to the Internet and a web browser.
- active mailbox (e-mail) or PayPal account;
- enabled cookies,
- In the widest scope permitted by law, the Seller is not liable for any disturbances including interruptions in the Shop operation caused by force majeure, unlawful operation of third parties or incompatibility of the Shop with the Client’s technical infrastructure.
IV. Rules of Placing an Order
- Placing orders by the Client is possible after providing necessary personal and address data enabling to execute the Order.
- To place an Order:
- choose a Product being the subject of the Order and next click “Buy/Zapłać” (or equivalent);
- use the option of placing an Order without registration;
- complete the Order Form by providing the Order recipient’s data and the shipping address where the Product should be delivered, provide invoice data,
- click “Continue/Dalej” and choose the type of shipment (Product delivery method),
- click “Payment method/Sposób zapłaty” and choose the method of payment,
- click “Complete order” to place your Order
- The prices in the Shop are gross prices (including VAT) given in Polish zloty.
- The final amount to be paid by the Client comprises the price for the Product and its delivery cost (including fees for packing, transport, and shipment), which the Customer is informed about on the Shop’s website when placing the Order, including the moment of expressing the will to be bound by the Sales Agreement.
V. Conclusion and Performance of the Sales Agreement
- Conclusion of the Sales Agreement between the Client and the Seller takes place after placing the Order by the Client with the use of the Order Form in the Online Shop in accordance with § 4 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt, accepting at the same time the Order for execution. After placing the Order, the Client receives the confirmation of placing the order to the e-mail address indicated by them. Within the contacts between the Client and the online Shop, the Client is forbidden to provide illegal content. In the case of orders paid via PayPal or with a payment card, performing the authorisation on the website is equal to concluding a purchase and sales agreement binding both parties of the transaction.
VI. Delivery and Payment Methods
- The Shop offers the following methods of delivery or collection of the Product ordered:
- Courier shipment
- Poczta Polska S.A.
- The Shop offers payment with:
- pay card.
- In the event of a defect in the goods purchased from the Seller, the Client has the right to make a complaint based on the provisions concerning the warranty stipulated in the Civil Code.
- The complaint should be submitted in writing or by e-mail to the addresses of the Seller provided in the present Regulations.
- The goods returned under the complaint procedure should be sent to the address indicated in § 1 of the present Regulations.
VIII. Right to Withdraw from the Agreement
- The Consumer can withdraw from the Sales Agreement within 14 days with no need to indicate the reasons thereof.
- The course of the term defined in item 1 begins on the delivery of the Product to the Consumer.
- The Consumer can withdraw from the Agreement, submitting the statement on withdrawal from the Agreement to the Seller. To comply with the deadline for withdrawal from the Agreement, it is enough for the Consumer to send their statement before the expiry of that period.
- The statement can be sent via traditional mail or by e-mail by sending the statement to the e-mail address of the Seller.
- If the statement is sent by the Consumer electronically, the Seller shall immediately send the Consumer the confirmation of receiving the statement on withdrawal from the Agreement to the e-mail address provided by the Consumer.
- The Consumer should return the Product to the Seller’s address indicated in the present Regulations not later than within 14 days from the date on which they informed the Seller about withdrawing from the Agreement.
- Consequences of withdrawing from the Agreement:
- in the event of withdrawing from a remote Agreement, the Agreement shall be deemed void,
- in the event of withdrawing from the Agreement, the Seller shall immediately, not later than within 14 days from the date of receiving the statement, return to the Consumer all payments made by them,
- Seller may delay the return of the payments until the moment they receive the Product back,
- payments shall be returned by the Seller using the same methods of payment as were used by the Consumer in the original transaction.
IX. Non-Judicial Methods for Analysing Complaints and Pursuing Claims
- The Client has a right to use non-judicial methods for analysing complaints and pursuing claims. In order to do this, the Client can submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
- Detailed information on the possibility to use non-judicial settlement of complaints by the Consumer and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorate of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer is entitled to address a permanent amicable consumer court mentioned to in art. 37 of the Act of 15 December 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.
- The Consumer is entitled to address a Voivodeship Inspector of Trade Inspection according to 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 amicable settlement of a dispute between the Consumer and the Seller.
- The Consumer can obtain free support in settling the dispute between them and the Seller, using also free assistance of the poviat (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (including among others the Consumer Federation, Association of Polish Consumers).
X. Personal Data in the Online Shop
- The Seller is the Administrator of the Clients’ personal data collected via the online Shop.
- Personal data of the Clients collected by the administrator via the online Shop is collected in order to perform the Sales Agreement and also for marketing purposes if the Client approves thereof.
- The recipients of personal data of the Clients of the online Shop can be:
- carrier or an intermediary carrying out shipments at the request of the Administrator,
- selected entity processing payments in the online Shop,
- entity providing accounting services for the administrator,
- The Client has a right to access the content of their data and to amend it.
- Provision of personal data is voluntary, however a failure to provide the personal data specified in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude such agreement.
- Personal data of the Client making purchases in the Shop is processed based on the agreement and in order to perform it, in accordance with the rules specified in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU).
XI. Contact with the Shop
- The Client can contact the Seller using the addresses and phone numbers provided in this paragraph.
- Contact with the Shop
XII. Final Provisions
- The agreements concluded via the online Shop are concluded in Polish.
- The Seller reserves the right to introduce changes into the Regulations for important reasons such as: changes in legal provisions, changes in the payment and delivery methods – in such scope in which these changes affect the implementation of the provisions of the present Regulations.
- The matters not settled in the present Regulations shall be governed by generally binding provisions of the Polish law, in particular: Civil Code, the Act on providing electronic services, the Act on consumer’s rights, the Act on the protection of personal data.