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Terms and conditions of the Magia Kart online shop
§ 1
Preliminary provisions
1. Magia Kart Internet Shop, available at the Internet address https://www.magiakart.com, is operated by Dosłońce s.c., with its registered office at ul. Józefa Friedelina 4-6, 30-009 Kraków, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, NIP 6771755171, REGON 351199308.
2. These terms and conditions are addressed to consumers and set out the rules and procedures for concluding a distance selling contract with a consumer via the shop.
§ 2
Definitions
1. Consumer - a natural person who concludes a contract with the Seller through the Shop, the subject of which is not directly related to his/her commercial or professional activity.
2. Seller - a natural person operating under the name of Dosłońce s.c., with its registered office at ul. Józefa Friedelin 4-6, 30-009 Krakow, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, NIP 6771755171, REGON 351199308.
3. Customer - any legal entity, including consumers, making purchases through the Shop.
4. Entrepreneur - any natural person, legal entity or non-legal entity, which has been granted legal capacity by a separate legal act and which conducts business in its own name and which uses the Shop.
5. Shop - online shop operated by the seller at the internet address https://www.magiakart.com, through which the customer can place orders and conclude distance contracts.
6. Distance Contract - an agreement concluded with the Customer within the framework of an organised system for concluding contracts at a distance (within the shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
7. Rules and Regulations - these rules and regulations governing the provision of services and the conclusion of distance sales contracts within an organised system of distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of means of distance communication.
8. Order - the Customer's expression of will, made by means of the Order Form, directly aimed at concluding the Contract for Sale of the Product(s) with the Seller and specifying the main provisions of this Contract (specified in the Order Summary - in particular the type and number of Goods subject to the Contract for Sale, dates, price, manner and costs of delivery), which constitutes an offer within the meaning of the Civil Code.
9. Account - the customer's account in the shop. Functionality of the Shop within which the Customer, after registering, has the possibility to use the services of the Shop without the need to enter his/her personal data each time. It collects the data provided by the Customer and the history of orders placed by the Customer in the Shop. 10.
10. Registration form - a form available in the shop that allows to create an account.
11. Order Form - an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Contract, including delivery and payment methods.
12. Shopping Cart - an element of the Shop's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of defining and modifying the details of the Order, in particular the quantity of Products.
13. Product - a movable item/service available in the Shop, which is the subject of a sales contract between the Customer and the Seller.
14. Party - the Seller or the Customer;
15. Sales Contract - a sales contract within the meaning of the Civil Code. Sales Contract for a Product concluded or entered into between the Customer and the Seller at a distance through an online shop, without the simultaneous physical presence of the parties, with the exclusive use of means of remote communication - through the shop, the subject of which are the Products;
16. Depending on the nature of the Product, the sales contract shall also include a contract for the provision of services and a contract for specific work.
§ 3
Contact with the shop
1. Correspondence address of the seller Dosłońce, ul. Władysława Łokietka 3, 30-010 Kraków, Poland
2. e-mail address of the seller: sklep@magiakart.com.
Telephone number of the seller: +48 534 159 789
4. Bank account number of the Seller: 26 1140 2004 0000 3702 3013 4768 5.
5. The Customer may communicate with the Vendor at the addresses and telephone numbers specified in this paragraph.
§ 4
Technical requirements
For the proper functioning of the shop you need
1. a device connected to the Internet with the following web browsers installed Firefox version 6 or higher, Chrome version 10 or higher, Opera version 9 or higher, Safari
2. The web browser should support JavaScript, Flash and cookies.
3. In addition to the requirements set out in paragraph 1, an active email account is required in order to place an order in the Store.
§ 5
General information
1. To the fullest extent permitted by law, the Seller shall not be liable for any disruption, including interruption of the operation of the Shop, caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Shop with the Customer's technical infrastructure.
2. It is not necessary to create an account in order to browse the products offered in the Shop. The Customer may place orders for products offered in the Shop either by creating an Account in accordance with the provisions of § 6 of the General Terms and Conditions or by providing the necessary personal and address data for processing the order without creating an Account.
3. The prices indicated in the Shop are in Polish Zloty and are gross prices (including VAT).
4. The final amount to be paid by the Customer is made up of the price of the Product and the delivery costs (including transport, delivery and postal charges), of which the Customer is informed on the pages of the Shop when placing the order, including at the moment of expressing the will to be bound by the sales contract.
5. If the nature of the subject matter of the contract does not allow the final price to be calculated in advance, the information on the method of calculating the price, as well as transport, delivery, postal and other costs shall be provided in the description of the product in the Shop.
§ 6
Creating an account on the Store
1. In order to create an account in the Shop, you must complete the registration form. The following information is required
First and last name
Home address
Delivery address
Contact telephone number
2. Creating an account in the shop is free.
3. Logging in to an account is done by entering the login and password specified in the registration form.
4. registration form.
5. The customer can delete the account at any time, without giving any reason and without incurring
§ 7
Rules for placing an order
In order to place an Order, the Customer should
1. The Customer may place an Order via the Online Shop 7 days a week, 24 hours a day, regardless of whether the Customer has registered.
2. The Customer may (optionally) log into the Shop after registration;
3. In order to enter into a Contract of Sale, the Customer must select the Product that is the subject of the Order and then click on the "Add to Cart" button (or equivalent);
4. register or use the option to place an order without registering; any costs, by sending a request to the seller, in particular by e-mail or in writing to the addresses mentioned in § 3.
5. If the option of placing an order without registration has been chosen - fill in the order form by entering the data and telephone number of the recipient of the order and the address to which the product is to be delivered, select the type of delivery (method of delivery of the product), enter the data for the invoice, if different from the data of the recipient of the order,
6. the effective placing of the order and the effective conclusion of the sales contract are subject to the Customer reading and accepting the General Terms and Conditions, as well as confirming that
7. the consumer is aware that the order entails an obligation to pay
8. click on the "Order and Pay" button and confirm the order by clicking on the link sent in the e-mail,
9. choose one of the available payment methods and, depending on the payment method, pay for the Order within the specified time limit, subject to § 8.3.
§ 8
Prices, delivery and payment
1. The prices of the products in the Shop are given in Polish Zloty and are gross prices, i.e. they include the applicable VAT.
2. The prices of the Products do not include the cost of delivery, which is indicated each time during the process of placing an order. The total value of the order includes the price of the Products and the delivery costs.
3. All customs costs are paid in full by the buyer.
4. The Customer may choose from the following methods of delivery or collection of the Products ordered
- Parcel post,
- Courier,
- Postal delivery - Global Express
- Personal collection is possible at: ul. Łokietka 3, 30-010 Kraków. Personal collection can be arranged with the Seller using the details given in § 3 Contacting the Shop.
5. The Customer may use the following methods of payment
- by bank transfer to the seller's account
- online via Paypal
- online via Paynow
- by payment card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
- Cash on delivery
- Cash on delivery
6. Detailed information on delivery methods and accepted payment methods can be found on the pages of the Store under "Payments".
7. The order of the goods will be sent for execution immediately after the conclusion of the purchase contract, however, in the case of payment by bank transfer (prepayment) via Paynow, the shipment of the goods will only be carried out after the payment for the goods has been credited to the bank account of the service provider.
8. The online payment service provider is mBank S.A. and Blue Media S.A.
9. Delivery details can be found in the "Delivery and personal collection" tab at the bottom of the page.
§ 9
Execution of the sales contract
1, The sales contract between the customer and the seller is concluded after the customer has placed an order using the order form in the online shop in accordance with § 7 of the terms and conditions.
2. After an order has been placed, the Seller shall immediately confirm its receipt and at the same time accept the order for fulfilment. Confirmation of receipt of the order and its acceptance for processing shall be made by the Seller sending to the Customer an e-mail message to the e-mail address provided by the Customer during the ordering process, which contains at least the Seller's statements on receipt of the order and its acceptance for processing as well as the confirmation of the conclusion of the purchase contract. As soon as the Customer receives the above-mentioned e-mail, the sales contract between the Customer and the Seller is concluded.
3. If the customer chooses
- In case of payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the purchase contract, otherwise the order will be cancelled.
- In case of cash payment for personal collection of the goods, the customer is obliged to make the payment within 2 days from the date of receiving the information that the goods are ready for collection.
4. If the Customer has selected a delivery method other than personal collection, the Seller shall dispatch the Product within the period specified in the Product description (subject to paragraph 5 of this clause) by the method selected by the Customer at the time of ordering.
5. Where Products are ordered with different delivery dates, the delivery date shall be the longest specified.
6. The commencement of the term of delivery of the Product to the Customer shall be calculated as follows:
- If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting to the Seller's bank account.
- If the Customer chooses payment on delivery - from the date of conclusion of the sales contract.
- If the Customer chooses to collect the Product in person, the Product will be
ready for collection by the Customer on the date specified in the Product description. In addition, the Seller shall notify the Customer that the Product is ready for collection by sending an e-mail message to the e-mail address provided by the Customer when placing the order.
7. In the event of an order for Products with different readiness dates, the readiness date shall be the longest.
8. Delivery of the Product shall be made within the European Union.
9. Delivery to countries outside the European Union is possible by prior arrangement with the Store.
10. Delivery of the Product to the Customer is free of charge, unless otherwise stated in the Sales Agreement. The cost of delivery of the Product (including transport, delivery and postal charges) is indicated to the Customer on the pages of the On-Line Shop under "Delivery Costs" and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
11. Personal collection of the Product by the Customer is free of charge.
§ 10
Right of withdrawal
1. The consumer may withdraw from the sales contract within 14 days without giving reasons.
2. The period referred to in paragraph (1) shall commence upon delivery of the product to the consumer or to a person other than the carrier designated by the consumer.
3. In the case of a contract relating to several products which are delivered separately, in batches or in parts, the period referred to in paragraph (1) shall run from the delivery of the last item, batch or part.
4. In the case of a contract for the regular delivery of products over a fixed period of time (subscription), the period referred to in paragraph (1) shall run from the time the consumer takes possession of the first item.
5. The consumer may withdraw from the contract by sending a notice of withdrawal to the seller by filling in the form available at the link "withdrawal form". In order to comply with the deadline for withdrawal, it is sufficient for the consumer to send the declaration before the deadline expires.
6. The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's e-mail address or by submitting the 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 model of which is attached as Annex 1 to these Terms and Conditions and as an Annex to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
7. If the declaration is sent by the consumer electronically, the seller shall immediately send the consumer a confirmation of receipt of the declaration of withdrawal from the contract to the e-mail address provided by the consumer.
8. Effects of withdrawal:
- In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
- In the event of withdrawal from the contract, the seller shall reimburse the consumer without delay and no later than 14 days after receipt of the consumer's declaration of withdrawal from the contract, for all payments made by the consumer, including the cost of delivery of the goods, except for any additional costs resulting from the consumer's choice of delivery method other than the cheapest ordinary delivery method offered by the seller.
- The Seller shall refund the payment using the same method of payment used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution at no cost to the Consumer.
- The Seller may withhold the refund until it receives the Product back or until it receives proof of return, whichever occurs first.
- The consumer must return the product to the seller at the address given in these terms and conditions without delay and no later than 14 days after the day on which the consumer has notified the seller that he wishes to withdraw from the contract. The deadline will be met if the consumer sends the product back before the end of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product cannot normally be returned by post.
- The consumer shall only be liable for any reduction in the value of the product resulting from use of the product other than that necessary to establish the nature, characteristics and functioning of the product.
9. If, due to the nature of the product, it cannot be returned in the usual way by post, information about this and the costs of returning the product will be included in the description of the product in the shop.
10. The consumer does not have the right to withdraw from a contract concluded at a distance:
- where the subject matter of the contract is an unmanufactured product made according to the consumer's specifications or designed to meet the consumer's individual needs,
- where the goods are delivered in a sealed package which, once opened, cannot be returned for health or hygiene reasons if the package has been opened after delivery,
- where the goods are perishable or have a short shelf life,
- where the seller has performed the service in full with the express consent of the consumer, who has been informed by the seller, prior to the performance of the service, that he will lose his right of withdrawal after the seller has performed the service,
- where the price or remuneration depends on fluctuations in the financial market over which the seller has no control and which may occur before the end of the period for withdrawal from the contract,
- where the subject of the performance is goods which, after delivery, are by their nature inseparably connected with other goods.
§ 11
Complaints and warranty
1. The sales contract applies to new products.
2. The Seller is obliged to provide the Customer with goods that are free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to lodge a complaint on the basis of the warranty provisions of the Civil Code.
4. The complaint shall be sent in writing or electronically to the addresses of the Seller specified in these Terms and Conditions.
5. The Seller shall respond to the complaint without delay, at the latest within 14 days, and if it fails to do so within this period, it shall be deemed that the Customer's claim is justified.
6. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
7. If a product is covered by a warranty, information about the warranty and its content will be included in the product description in the store.
8. In the event of damage to the package or its contents, a damage report should be made in the presence of the courier. Please also take photos and send them together with the damage report to our e-mail address sklep@magiakart.com.
§ 12
Out-of-court complaint and redress procedures
1. Detailed information on the possibility of using out-of-court complaint and redress procedures by the consumer, as well as the rules of access to these procedures, are available at the offices and websites of the District (City) Consumer Ombudsmen, social organisations whose statutory tasks include consumer protection, the Provincial Inspectorates of Trade Inspection and at the following websites of the Office for 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.
2. The consumer shall be entitled to the following out-of-court complaint and redress procedures:
3. The consumer shall have the right to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, No. 148, as amended) to settle a dispute arising from the contract concluded with the seller.
4. The consumer shall be entitled to apply to the provincial inspector of trade inspection pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, No 148, as amended) with a request to initiate mediation proceedings for the amicable settlement of a dispute between the consumer and the seller.
5. The consumer may obtain free assistance in settling a dispute between him/her and the seller, as well as free assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumers' Association, the Polish Consumers' Association).
§ 13
Personal data in the internet shop
1. The controller of the personal data provided by the Buyer when using the shop is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and reasons for data processing, as well as recipients of the data - can be found in the Privacy Policy available in the Shop - due to the principle of transparency contained in the General Regulation of the European Parliament and the Council (EU) on Data Protection - "RODO".
2. The purpose of the Seller's processing of the Buyer's data provided by the Buyer in connection with purchases in the Shop is to process the orders. The basis for processing personal data in this case is
the sales contract or actions taken at the request of the Buyer for the purpose of concluding the contract (Art. 6(1)(b) RODO), the Seller's legal obligation to keep accounts (Art. 6(1)(c)) and the Seller's legitimate interest in processing the data in order to establish, assert or defend any claims (Art. 6(1)(f) RODO).
3. The personal data of the Customers collected by the Administrator through the Online Shop are collected for the purpose of implementing the purchase contract and, if the Customer agrees, also for marketing purposes.
4. The recipients of the personal data of the Customers of the Online Shop may be:
5. In the case of a Customer who uses postal or courier delivery in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
6. In the case of a Customer who uses electronic or card payment methods in the Online Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity that processes the above-mentioned payments in the Online Shop.
7. The Customer has the right to access and correct his/her personal data.
8. The provision of personal data is voluntary, however, the failure to provide the personal data required for the conclusion of the purchase contract, as specified in the Terms and Conditions, will result in the inability to conclude the purchase contract.
§ 14
Final provisions
1. contracts concluded via the Online Shop are concluded in Polish.
2. The Vendor reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes in legislation, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any changes at least 7 days in advance.
3. Matters not regulated in these Terms and Conditions shall be governed by the generally applicable provisions of Polish law, in particular Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights; Act on Protection of Personal Data.
4. The Customer has the right to make use of out-of-court methods of dealing with complaints and claims. For this purpose, he/she may submit a complaint via the EU online ODR platform available at http://ec.europa.eu/consumers/odr/.