The www.marlizcoat.com Online Store cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
TABLE OF CONTENTS
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS OF CONCLUDING THE SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF
ACCESS TO THESE PROCEDURES - RIGHT OF WITHDRAWAL FROM THE CONTRACT (REGARDS SALES CONTRACTS CONCLUDED
FROM DECEMBER 2014) - FINAL PROVISIONS
- TEMPLATE WITHDRAWAL FROM THE CONTRACT
1. GENERAL PROVISIONS
1.1. The online store available at the internet address www.marlizcoat.com is run by MARLIZ Spółka z ograniczoną odpowiedzialnością.
entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having its registered office in Krakow and address for service: Olszańska 7, code 31-513, Krakow, voivodeship Małopolskie, NIP 6751762305, REGON 521423042, e-mail address: marliz.coat@gmail.com.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except point 9 of the Regulations, which is addressed only to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes, to the extent and based on the principles indicated in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these regulations of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.marlizcoat.com.
1.4.11. SELLER; SERVICE PROVIDER - MARLIZ Spółka z ograniczoną odpowiedzialnością, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having its registered office in Kraków and address for service: Ul. Olszańska 7, 31-513, Krakow, province. Małopolskie, NIP 6751762305, REGON 521423042, e-mail address: marliz.coat@gmail.com.
1.4.12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; – using or intending to use the Electronic Service.
1.4.15. ACT ON CONSUMER RIGHTS, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.4.16. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - the use of the Account is possible after completing a total of two subsequent steps by the Service Recipient - (1) completing the Registration Form and (2) clicking the "Registration" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by selecting the "Delete account" option or sending a relevant request to the Service Provider, in particular via e-mail to the following address: marliz.coat@gmail.com or also in writing to the following address: Ul. Olszańska 7, 31-513, Krakow, Poland.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form "Confirm purchase" - until then, it is possible to modify the data entered (including for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3. Newsletter - the use of the Newsletter takes place after providing the e-mail address in the "Newsletter" module visible in the footer of the Online Store, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe to the newsletter" button. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account or placing an Order - at the moment of creating an Account or placing an Order, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by clicking the appropriate link at the bottom of each message or sending a relevant request to the Service Provider, in particular via e-mail to the following address: marliz.coat @gmail.com or in writing to the following address: Ul. Olszańska 7, 31-513, Krakow, Poland.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) may be submitted by the Customer, for example:
2.4.2. in writing to the address: ul. Olszańska 7, 31-513, Krakow, Poland;
2.4.3. in electronic form via e-mail to the following address: marliz.coat@gmail.com;
2.4.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Customer's requests; and (3) contact details of the complainant - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery and collection (including fees for transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash payment upon collection.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.2.1. Bank: Bank Millennium Spółka Akcyjna.
4.1.2.2. Account number: 07 1160 2202 0000 0005 2320 3934
4.1.3. Electronic payments and card payments via the Przelewy24.pl website
4.2.4. Payments by credit card (VISA, Mastercard), PayPal, Googlepay.
4.1.3.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via the Przelewy24.pl website. Electronic payments and payment card services are provided by:
4.1.3.1.1.PayPro Spółka Akcyjna with its registered office in Poznań, ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, REGON number 301345068 , with a share capital of PLN 5.476.300,00.
4.2. Date of payment:
4.2.1. If the Customer chooses payment in cash on personal collection, payment by bank transfer, electronic payments or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses cash payment on personal collection, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product is available on the territory of the European Union Member States.
5.2. Delivery and collection of the Product are payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.3.1. Shipment to the InPost parcel locker.
5.3.2. Courier delivery.
5.3.3. Shipment to the Orlen parcel locker, DPD.
5.3.4. Poczta Polska delivery.
5.4. The period of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter or longer period is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 14 Business Days. The beginning of the period of delivery of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses the method of payment in cash - from the date of conclusion of the Sales Agreement.
6. Product complaint
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law, in particular the Civil Code. For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person who purchases the Product for purposes unrelated to professional or business activity, due to non-compliance of the Product with the Sales Agreement are defined by generally applicable laws, in particular the Act of July 27, 2002 on special conditions of consumer sales and on the amendment of the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).
6.2. The Seller is obliged to deliver the Product to the Customer without defects. Detailed information on the Seller's liability for a Product defect and the Customer's rights are specified on the Online Store website in the "Complaint of goods" tab.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Olszańska 7, 31-513, Krakow,;
6.3.2. in electronic form via e-mail to the following address:
marliz.coat@gmail.com;
6.3.2. when selecting the "Complaint of goods" option on the Customer Account.
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a way to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Olszańska 7, 31-513, Krakow.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Inspectorates of the Trade Inspection and at 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.
7.2. The customer who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
7.2.1. The customer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection.
7.2.3. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl.
7.3. At http://ec.europa.eu/consumers/odr, a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT (REGARDS SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Olszańska 7, 31-513, Krakow.
8.1.2. in electronic form via e-mail to the following address: marliz.coat@gmail.com.
8.2. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 11 of the Regulations and on the Online Store website in the Withdrawal from the contract tab. The consumer may use the form template, but it is not mandatory.
8.3. The deadline to withdraw from the contract begins:
8.3.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product, and if the consumer has chosen a delivery method other than the cheapest usual delivery method offered by the seller, the seller will not reimburse the consumer for additional costs in accordance with Article 33 of the Consumer Law. The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
8.6. The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself. To meet the deadline, it is enough to send back the Product before its expiry. The consumer may return the Product to the following address: ul. Olszańska 7, 31-513, Krakow.
8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than personal collection, the Seller is not obliged to reimburse the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct cost of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
9. FINAL PROVISIONS
9.1. Agreements concluded through the Online Store are concluded in Polish or English. In case of discrepancies, the Polish version prevails.
9.2. Amendment of the Regulations:
9.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods, changes in the scope of payment or the form of Electronic Services provided - to the extent that these changes affect the implementation of the provisions of these Regulations.
9.2.2. In the case of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
9.2.3. In the event of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not impact on already placed or submitted Orders and concluded, implemented or performed Sales Agreements.
9.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded by December 24, 2014 with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 with as amended) and the Act on special conditions of consumer sales and on amending the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other applicable laws.
10. TEMPLATE WITHDRAWAL FROM THE CONTRACT (ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Recipient:
MARLIZ Sp. z o. o.
st. Olszańska 7
31-513, Krakow
province Lesser Poland
Email: marliz.coat@gmail.com.
– I/We(*) hereby give notice/we(*) of my/our(*) withdrawal from the contract of sale of the following items
- The date of conclusion of the contract
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete where not applicable.