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terms & conditions

Terms and conditions for online shop murky.pl 

Regulamin w języku polskim dostępny jest tutaj

23.01.2017 r. 

intro

  1. Sales of products in online store http://www.murky.pl is conducted by Marta Janicka, running the company Marta Janicka with registered office in Warsaw (03-752), POLAND, ul. Radzymińska 36/38/40/65, using the tax number PL9511756695.
  2. Contact with the seller is possible by e-mail murky@murky.pl and the phone number +48 501 604 884.

definitions

  1. Consumer – a legal person making purchases in the Shop in the field unrelated to their business or professional activity.
  2. Buyer – a legal person or a legal entity.
  3. Shop – online shop operating at http://www.murky.pl.
  4. Seller – Marta Janicka, running the company Marta Janicka with registered office in Warsaw (03-752), POLAND, ul. Radzymińska 36/38/40/65, using the tax number PL9511756695.
  5. Terms & conditions – these rules available at http://murky.pl/page/terms-conditions

general terms

  1. Through the online store, the Seller sells retail. The Buyer can purchase the products presented in the online Store.
  2. Terms & conditions document specifies the terms and conditions of shop use, as well as the rights and obligations of the Seller and Buyer.
  3. Terms & conditions document is an integral part of the sale contract between the Buyer and Seller.
  4. Using the online shop is subject to the condition that the ICT system used by the Buyer follows minimum technical requirements: 
    • internet browser with supported java script: Internet Explorer (version 8.0 or greater), Mozilla Firefox (version 22 or greater) or Google Chrome (version 27 or greater)
    • minimum screen resolution 1024 x 768 pixels,
    • e-mail accounts, running on any server and access to the internet.
  5. All product prices presented in the shop are gross prices.
  6. Images and other forms of visualization and presentation of clothes, jewellery and accessories presented in the shop are for information only.

order placement

  1. To place an order, the Buyer is obliged to take the following steps: 
    • choose the product or products by clicking the "Add to Shopping Cart"
    • being in a cart view click on "Purchase"
    • enter your e-mail,
    • choose the option of delivery,
    • select the payment method,
    • click on "Continue",
    • provide all necessary information to complete the payment,
    • provide all necessary information to complete the order (name, phone number, delivery address),
    • decide if you wish to receive a VAT invoice,
    • add comments to the order, if the Buyer wants to add a comment,
    • click on the button "Order and Pay."
  2. At the moment of getting the order confirmation from the Seller to the e-mail address indicated by the Buyer, the Buyer and the Seller contract the agreement to sell goods covered by the order. 
  3. If the Buyer has chosen the method of payment for the order in the form of PayPal payments, clicking on the "Continue" Buyer will be taken to an online transaction service in order to make a payment for the order. After payment, the Buyer will be again redirected to the Shop and has to confirm order by clicking "Order and Pay".

delivery and payment

  1. The Buyer can choose the available delivery options:
    • POLAND: courier DPD, cost 5 EUR, 
    • WORLD: 
      • Polish Post Office, orders up to 35 EUR, cost 5 EUR
      • Polish Post Office, other orders, cost depends on the location: Europe, Russia - cost 15 EUR, North America, Africa - cost 20 EUR, South America, Asia - cost 25 EUR, Australia, Oceania - 35 EUR
  2. The cost of delivery has to be paid by the Buyer, unless the value of the order exceeds the amount of 150 EUR and the delivery address is located in Poland. In such a situation, the cost of delivery will be covered by the Seller.
  3. The Buyer can pay for the order with PayPal. It is also possible to pay by credit/debit card with PayPal. The Buyer do not have to have personal PayPal account to make a payment.

execution of the order

  1. After placing an order by the Buyer, there will be sent an order confirmation to the Buyer's e-mail address.
  2. Execution the order means preparing it for shipment to the Buyer. Order is completed at the moment it is prepared for shipment.
  3. The delivery time is indicated in each product description. If the order covers more than one product, the delivery time of the order is the longest delivery time indicated in the description of the product included in the order.
  4. The delivery time is counted from the moment of the payment .
  5. After completing the order the Seller will send the confirmation of the shipment to the Buyer's e-mail address.

withdrawal

  1. A consumer who has entered into an agreement with the Seller at a distance, has the right to withdraw from the contract without giving any reason within 14 days from the day of taking the purchased products in possession.
  2. Termination of the contract for their validity requires declaration of withdrawal sent by the Consumer via e-mail to: murky@murky.pl.
  3. The consumer may use the template withdrawal form, available HERE, but it is not mandatory.
  4. The right of withdrawal is not entitled to a Consumer in cases of purchase the products manufactured according to Consumer's specifications or personalized. This means that the Seller is not obliged to accept the return of the products made to order or modified for Consumer's request.
  5. The Consumer is obliged to return the product or give it to a person authorized by the Seller immediately, but not later than 14 days from the date on withdrawal declaration.
  6. The Consumer covers the cost of shipment.
  7. In case of withdrawal, the Seller immediately returns the Consumer all payments received from the Consumer, including the cheapest available shipping cost (if this cost was covered by the Consumer), and not later than 14 days from the date on which the Seller was informed of the  withdrawal. Refund payments will be made using the same payment methods that have been used by the Consumer in the initial transaction, unless the Consumer agrees otherwise. In each case the consumer does not cover any fees of refund payments. The Seller can stop the refund payment till the moment of receiving the returned product to ascertain its condition.
  8. The consumer is fully responsible for the value reduction of the product as a result of using the product beyond what is necessary to establish the nature, characteristics and functioning of the product.

faulty products

  1. The Seller must provide the Buyer with a product free of defects.
  2. The Seller is liable to the Buyer if the product sold has a defect (warranty for defects).
  3. If you a sold product has a defect, the Buyer may be:
    • require replacement of the product free from defects,
    • demand the removal of defects,
    • make a statement about the price reduction,
    • submit a statement of withdrawal from the contract.
  4. If the Buyer finds defect in the product, he/she should immediately inform the Seller, defining his/her claim associated with a defect and make a relevant declaration.
  5. The Buyer can use the complaint form, available HERE, but this is not mandatory.
  6. Seller will address submitted Buyer's complaint within 14 days of receipt of the complaint.
  7. A Buyer who does have the privileges of the warranty may deliver a defective product to the address of the Seller at Seller's cost.
  8. Details of Seller's warranty for defects is governed by the Civil Code (art. 556 - 576) by Polish law.

data protection and privat policy

  1. The data administrator is the Seller.
  2. The Seller processes Buyer's personal data solely for the purpose of the contract.
  3. Providing personal data by the Buyer is voluntary but necessary to perform the contract.
  4. The Seller may process Buyer's personal data also for other purposes than the contract but it requires additional approval of the Buyer.
  5. The Seller guarantees the confidentiality of all personal data made available to him.
  6. Personal data is collected with diligence and adequately protected against the access by unauthorized person, and the processing is carried out according to the relevant laws and regulations: Dz.U. z 2013 r. poz. 1422, Dz.U. z 2014 r. poz. 1182, Dz.U. Nr 100, poz. 1024 by Polish Law.

non-judicial ways of dealing with complaints and redress

  1. The Seller agrees to submit any disputes arising in connection with the sale of goods on the mediation proceedings. Details will be set by the parties to the conflict.
  2. The Consumer has the opportunity to benefit from non-judicial means of dealing with complaints and redress. 
  3. For more detailed information on non-judicial methods of complaint and redress the Consumer can look on the website: http://ec.europa.eu/consumers/odr. The platform is dedicated to disputes between consumers and traders seeking the out of court settlement of the dispute concerning contractual obligations arising from the online sales or service.

final provisions

  1. Information about the goods presented on the online store, and in particular their descriptions and prices, are an invitation to conclude the agreement referred to in Article. 71 of the Civil Code by Polish Law.
  2. The Seller reserves the right to change the Terms & Conditions document which come into force on the date of their publication on the website store. For contracts before the amendment of the rules is applicable the version from the time of the order placement.
  3. Terms & conditions come into force on the date of publication on the website store.



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