Terms and Conditions
These Regulations define the general conditions, rules and method of sales conducted by Natalia Maj , via the online store majside.com (hereinafter referred to as: “Online Shop”, “Seller” or “Administrator”) and define the rules and conditions for the provision of free electronic services.
- 1 Definitions
- Administrator – also referred to as the Seller.
- Working days – days of the week from Monday to Friday, excluding public holidays.
- Delivery – an activity consisting in delivering to the Customer by the Seller, through the Supplier, the goods specified in the order.
- Supplier – an entity with which the Seller cooperates in the delivery of goods:
- 1. a courier company;
- Customer – an entity to which services may be provided electronically or with whom a Sales Agreement may be concluded.
- Entrepreneur – a person conducting business or professional activity and performing a legal act directly related to its business or professional activity.
- Seller – Natalia Maj , being the owner of the Online Store at the same time.
- Goods – a product presented by the Seller via the online store, which may be the subject of the Sales Agreement.
- Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Contract – a distance sales contract, on the terms set out in the Regulations, between the Customer and the Seller.
- Order – Customer’s declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
- 2 General provisions
- All rights to the online store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the store’s website, as well as to patterns, forms, logos posted on the website (except for logos and photos presented for the purpose of presenting goods, for whose copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
- 3 Using the online store
- The seller will make every effort to ensure that the use of the online store is possible for users using all popular web browsers, operating systems, types of devices and types of internet connections. The minimum technical requirements enabling the use of the Store Website are a web browser in version at least Internet Explorer 1 1, Chrome 39 , FireFox 34 , Opera 26 , Safari 5 or newer, with Javascript enabled , accepting ” cookies ” and an Internet connection with a bandwidth of at least 256 kbit /s.
- In order to place an order in the Online Store via the Store’s Website or via e-mail and in order to use the services available on the store’s website, it is necessary for the Customer to have an active e-mail account.
- It is forbidden for the Customer to provide illegal content and for the Customer to use the store, its website or free services provided by the Seller in a manner contrary to the law, decency or infringing the personal rights of third parties.
- The Seller declares that the public nature of the network and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks. Including antivirus programs protecting the identity of network users. The seller never asks the customer to provide him with the password to the account or other sensitive data.
- It is not allowed to use the resources and functions of the store for the purpose of conducting activities by the Customer that would violate the interests of the Seller.
- 4 Registration
- In order to create a Customer account, the Customer is obliged to register free of charge.
- Registration is not necessary to place an order in the online store.
- In order to register, the Customer should complete the registration form provided by the Seller on the store’s website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual password.
- When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
- the Seller to the e-mail address provided in the registration form . At this moment, an agreement for the provision of electronic services is concluded – “keeping a customer account”, and the customer gains access to the customer’s account and making changes to the data provided during registration.
- 5 Orders
- The information contained on the store’s website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
- The customer can place orders in the store via his website or e-mail 7 days a week, 24 hours a day.
- The customer placing an order via the store’s website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” command under the given Good presented on the Shop Website. After completing the order and indicating in the “CART” the method of Delivery and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the ” Buy and pay ” button on the store’s website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
- Placing an order constitutes the Customer’s submission to the Seller of an offer to conclude a Sales Agreement for the Goods being the subject of the order.
- After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §4 para. 6 above and upon its receipt by the Customer, a Sales Agreement is concluded.
- After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer’s e-mail address or in writing to the address indicated when placing the order.
- 6 Payments
- The prices on the store’s website placed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
- When ordering home delivery, the Customer may pay for the ordered goods in cash on delivery or choose another form of payment:
- 1. bank transfer to the Seller’s bank account (in this case, the execution of the order will start after the Seller sends the confirmation of acceptance of the order to the Customer and after the funds are credited to the Seller’s bank account);
- 2. PayPal
- If the Customer fails to make the payment on time, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it.
- In the event of the expiry of the second payment deadline, the Seller will send the Customer a statement of withdrawal from the Sales Agreement pursuant to art. 491 of the Civil Code.
- 7 Delivery
- The Seller carries out the Delivery on the territory of Poland and outside the territory of Poland.
- For shipments abroad, please contact us on +49 17669437889.
- The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
- The term of Delivery and execution of the order is counted in working days and is up to 14 days, about which the Customer is informed each time when placing the order.
- The date of Delivery of digital products is implemented immediately after the payment is credited to the bank account.
- Delivery of digital products takes place via e-mail to the e-mail address indicated by the ordering party.
- The date of delivery and execution of the order indicated on the store’s website is counted in working days.
- The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day of sending the Goods to the Customer, information confirming the shipment by the Seller is sent to the Customer’s e-mail address.
- The customer is obliged to examine the delivered shipment in time and in the manner accepted for shipments of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier’s employee to draw up a proper protocol.
- The Seller, in accordance with the will of the Customer, attaches a receipt or a VAT invoice to the shipment being the subject of the Delivery, covering the delivered Goods.
- In the event of the Customer’s absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier’s employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of the re-Delivery with the Customer.
- The customer should check the condition of the package upon receipt from the courier. If the package has visible external damage during transport, it is recommended to refuse to accept the shipment and then contact the indicated telephone number +49 17669437889. However, after paying the COD amount or confirming the receipt of the package, it is also possible to open the package, but in the presence of the courier, and in the event of any discrepancies, you should contact the courier with a request to draw up a damage report and at the same time keep the document for the Seller. It is also suggested to immediately contact the Seller to verify the situation by calling +49 17669437889.
- 8 Warranty
- The Seller ensures the Delivery of Goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
- In the case of purchase of digital products, the seller is not subject to the warranty rules.
- If the physical Goods have a defect, the Customer may:
- 1. submit a statement of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with defect-free Goods or removes the defect . This limitation does not apply if the Goods have already been replaced or repaired by the seller or the Seller has not fulfilled the obligation to replace the Goods with a defect-free one or remove the defects. The Customer may, instead of the defect removal proposed by the Seller, demand replacement of the Goods with defect-free ones, or instead of replacing the Goods, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found are taken into account, and the inconvenience to which the Customer would be exposed by a different method of satisfaction is also taken into account.
- 2. demand replacement of defective Goods with defect-free Goods or removal of the defect. The Seller is obliged to replace the defective Goods with goods free from defects or remove the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Customer is impossible or would require excessive costs compared to the other possible way of bringing them into compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
- The customer who exercises the rights under the warranty is obliged to deliver the defective item to the Seller’s address.
- The Seller is liable under the warranty if a physical defect is found within two years from the delivery of the Goods to the Customer. A claim for removal of a defect or replacement of the Good with a defect-free one expires after one year. If the Customer requested the replacement of the Goods with a defect-free one or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a statement on price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
- Any complaints related to the Goods or the implementation of the Sales Agreement may be submitted by the Customer in writing to the Seller’s address or e-mail address: info@majside.com.
- The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement reported by the Customer.
- The decision will be presented in electronic or telephone form.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the e-mail address provided for contact. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, consider complaints and provide the Customer with a response.
- 9 Withdrawal from the Sales Agreement
- The customer has the right to withdraw from the sales contract within 14 days without giving any reason if the product remains unused until then .
- In the case of purchase of digital products § 9, point 1. has no use. “ The consumer, in accordance with art. 38 points 13 of the Act referred to in par. 2, there is no right to withdraw from the contract for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract “.
- The deadline to withdraw from the Agreement in the case of tangible Goods expires after 14 days from the date on which the Customer came into possession of the item.
- When withdrawing from the Agreement, the Seller should be informed by a letter sent by post, fax or e-mail.
- In the event of withdrawal from the Sales Agreement, it is considered void.
- In the event of withdrawal from the Sales Agreement, the Seller returns to the Customer all payments received from 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 usual method of delivery offered by the Seller ), immediately, and in any case not later than 14 days from the date on which you are informed about the decision to withdraw from the Agreement.
- The refund will be made using the same payment methods that were used by the Customer in the original transaction, unless he expressly agreed to a different solution.
- If the Customer exercising the right of withdrawal has chosen a method of delivering the Goods other than the cheapest ordinary method of Delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Customer.
- The seller has the right to withhold the return of payment until receipt of the item or until proof of its return is provided, depending on which event occurs first.
- In the event of withdrawal, the Customer bears the direct costs of returning the items that can be sent back by post in the usual way.
- If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Customer about the costs of returning the item on the store’s website.
- The Customer is responsible for the decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- 10 Free Services
- The Seller provides the Customer with free electronic services: Contact form; newsletter; Maintaining a customer account; Posting reviews.
- Free services are provided 7 days a week, 24 hours a day.
- The contact form consists in sending a message to the Seller using the form on the store’s website. Resignation from this service is possible at any time and consists in stopping sending inquiries to the Seller.
- The Newsletter is a service that can be used by any Customer who enters their e-mail address using the registration form provided by the Seller on the store’s website. After sending the completed registration form, the Customer immediately receives confirmation by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, a contract for the provision of the Newsletter service by electronic means is concluded.
- The Newsletter service consists in sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter addressed to given Customers contains, in particular: information about the sender, a completed “subject” field specifying the content of the shipment and information about the possibility and method of resigning from the service. The customer may at any time unsubscribe from the newsletter by unsubscribing via the link included in each e-mail sent as part of the service or by activating the appropriate field in his Account on the store ‘s website .
- Keeping a customer account is possible after registration and consists in providing the customer with a dedicated panel on the store’s website, enabling the customer to modify the data provided during registration, as well as tracking the status of orders and the history of orders already completed. The customer who has registered may submit a request to delete his account, but in the event of a request to delete it, it may be deleted up to 20 days from the request.
- Posting opinions consists in enabling the Seller, Customers with an account on the store’s website, to publish individual and subjective statements of the Customer regarding, in particular, the Goods.
- The Seller is entitled to block access to the Customer’s account and free services in the event of the Customer acting to the detriment of the Seller or other Customers, the Customer’s violation of the law or the provisions of the Regulations, and also when blocking access to the Customer’s account and free services is justified by security reasons – in particular: breaking the security of the store’s website by the Customer or other hacking activities . Blocking access to the Customer’s account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer’s Account and free services. The Seller notifies the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
- 11 Customer Obligations
- By posting content and making it available, the Customer disseminates it voluntarily. The posted content does not express the views of the Seller and should not be equated with its activity. The seller is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.
- The customer declares that:
- 1. is entitled to use proprietary copyrights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content;
- 2. placing and making available, as part of the services referred to in § 10 of the Regulations, personal data, image and information regarding third parties was legally, voluntarily and with the consent of the persons concerned;
- 3. agrees to view the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
- 4. consents to the development of works within the meaning of the Act on Copyright and Related Rights.
- The customer is not entitled to:
- 1. posting, as part of using the services referred to in § 10 of the Regulations, personal data of third parties and disseminating the image of third parties without the permission or consent of a third party required by law;
- 2. advertising and/or promotional content as part of using the services referred to in § 10 of the Regulations.
- It is forbidden for Clients to post content that could, in particular:
- 1. be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
- 2. violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or related to confidentiality obligations;
- 3. be offensive or threaten other people, contain vocabulary that violates good manners (e.g. through the use of profanity or terms commonly considered offensive);
- 4. be in conflict with the interests of the Seller;
- 5. otherwise violate the provisions of the Regulations, decency, applicable law, social or moral norms.
- In the event of receiving a notification, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services, in particular with regard to content which, based on reports from third parties or relevant authorities, has been found to be they constitute a violation of these Regulations or applicable law. The seller does not carry out ongoing control of the posted content.
- The customer agrees to the free use by the Seller of the content posted by him as part of the store’s website.
- 12 Processing of personal data
- The administrator of personal data is the Seller, whose identification and contact details, which are initially specified in §1 of these Regulations under the slogan “Seller”.
- Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ( hereinafter referred to as the GDPR) and other generally applicable regulations.
- Data obtained by the Administrator when placing an order and concluding a sales contract are processed in connection with:
- 1. the need to perform contracts concluded by you with the Administrator, as well as actions taken prior to the conclusion of the contracts at your request (Article 6(1)(b) of the GDPR),
- 2. the necessity to fulfill the legal obligation incumbent on the Administrator (Article 6(1)(c) of the GDPR).
- If you start subscribing to the newsletter , personal data is processed on the basis of consent to the processing of personal data for marketing purposes in connection with the sending of commercial information in the form of a newsletter (Article 6(1)(a) of the GDPR).
- The Customer’s personal data may be processed in connection with the legitimate interest of the Administrator in order to secure and pursue claims (Article 6(1)(f) of the GDPR).
- Providing personal data is voluntary, but required to place an order, conclude a sales contract and its proper implementation.
- The Customer’s personal data may be transferred, depending on the selected method of order delivery and method of payment, to a selected carrier or intermediary performing shipments at the request of the Administrator for the purpose of delivery, as well as to an entity servicing electronic payments or payment by a payment card, entities providing hosting services and entities from IT industry maintaining an online store.
- Personal data is stored for the duration of the contract ( newsletter subscription ) and for the period necessary to secure or pursue any claims arising from the contract; after-sales customer service (complaint handling) or compliance with the legal obligation imposed on the Administrator (resulting, for example, from accounting and tax regulations).
- Personal data processed for marketing purposes and purposes other than those listed above will be processed until the previously expressed consent to their processing is withdrawn.
- In the event that the Administrator plans to further process personal data for a purpose other than the purpose for which the personal data was collected, he is obliged to inform the Customer before such further processing and provide all necessary information.
- The customer has the right to request from the personal data administrator access to his personal data, rectification, deletion or limitation of processing, the right to object to their processing, as well as the right to transfer them. The customer also has the right to lodge a complaint with the supervisory authority.
- Information regarding the Administrator’s obligation to protect Buyers’ data collected when making purchases in the Store in accordance with applicable regulations and in accordance with the highest standards of security and data protection are described in detail in the Privacy Policy (6. Personal Data Protection).
- 13 Final Provisions
- The Seller is liable for non-performance or improper performance of the Sales Agreement.
- The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time by the Customer.
- In the event of a dispute arising on the basis of the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to the settlement of any disputes is Polish law.
- The Seller informs the Customer about the possibility of using out-of-court methods of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to settle disputes out of court. They may be, in particular, consumer ombudsmen or Voivodship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
- The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).
- The Seller reserves the right to change these Regulations.
- All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations that were in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of its publication on the Shop Website. The Seller is obliged to inform the Customer 7 days before the entry into force of the new Regulations about its change by means of an e-mail message containing a link to the changed text.
- If the Customer does not accept the new content of the Regulations , he is obliged to notify the Seller of this fact and may not place new orders in the online store.
- The Regulations enter into force on the date of its publication.