The owner of the on-line shop U Mamy Smoka under domain http://www.umamysmoka.pl is the company Mama Smoka Justyna Krupnik, ul. Jana III Sobieskiego 72/17 02-930 Warszawa, NIP (VAT identification number) 9522007951 registered in CEIDG (Central Registry and Information about Business Activities), email address: firstname.lastname@example.org hereinafter reffered to as the: 'On-line Shop' or 'Seller’
I. Purchase order and completion
- Placing an order is done by the Customer adding the chosen product to the shopping cart. The shopping cart enables the Customer to manage ordered products and to calculate the value of the order. The products can be freely added and removed from the shopping cart.
- The confirmation of order placement is sent on the email address provided in the order form.
- Ordered product is sent within 2 working days counted from the date of payment booking.
- In the situation when the order cannot be completed the Customer is informed about it immediately.
- Purchased product is sent by a courier company.
- The cost of delivery depends on the number of meters bought.
- A Vat invoice is issued for every order (the Customer agrees on issuing an invoice without the signature).
- All prices are given in Polish zloty and include VAT tax.
- The cost of the delivery of material is the expense of the Customer, in accordance with the price list for this service available on the web-page. The cost of delivery is carried by the Customer at the time of payment for the purchased goods.
II. Termination of the Agreement
- A distance or an off premises contracts can be terminated by the Consumer within 14 days, without stating the reason and bearing any costs, with the exception to the costs referred to in Article 33, Article 34 (2), and Article 35 of the Act of 30 May2014 on Consumer Rights (Journal of Laws of 2014, item 827).
- The withdrawal period shall start:
- for the contract, where the trader gives the item and is obliged to transfer its ownership – at the moment of taking possession of the item by the consumer or a third party other by that the carrier indicated by the consumer; in case of the agreement which:
a.i. includes many items delivered separately, in multiple lots or pieces – at the moment of taking possession of the last item, multiple lot or piece,
a.ii. includes regular delivery of products for the specified period of time – at the moment of taking possession of the first item;
b. for other contracts – on the contract date.
- The Consumer is entitled to withdraw from the contract by making a statement of withdrawal from the contract.
- The Seller is bound to reimburse all payments received from the Consumer immediately and no later than within 14 days from the date of receiving the statement of withdrawal from contract.
- The Seller reimburses the payment using the same payment method as the Consumer, unless the Consumer agrees for other form of reimbursement, which does not put any additional costs on the Consumer.
- The Seller may withhold the reimbursement until it has received the goods back, or the Consumer has supplied evidence of having sent back the goods, whichever is earlier, unless the Seller has offered to collect the goods.
- The Seller shall not be required to reimburse additional delivery costs, if the Consumer has expressly opted for a type of delivery other than a standard delivery.
- The Consumer is obliged to return the product intact to the Seller or give it to the person indicated by the Seller immediately, but not later than 14 days from the date of withdrawal from the agreement, unless the Seller offered to collect the product himself. The period for withdrawal shall be deemed to have been observed if the goods are sent before its expiry.
- The Consumer shall only be charged for the direct cost of returning the goods unless the Seller has agreed to bear that cost.
- The Seller is liable to the Consumer if the sold item has legal or physical defect (warranty) in accordance with the applicable provisions, in particular with the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and with Civil Code. The rights under statutory warranty vested in the Consumer are stated in Article 556 and further Acts of 23 April 1964. Civil Code (consolidated text of Journal of Laws of 2014, item 121 with further amendments).
- The complaint may be submitted in writing to the address of the Seller’s headquarters or electronically on the e-mail address. The Consumer shall provide his contact details, describe the reason of complaint and his claims to the Seller, as well as provide the order or invoice number.
- If the Consumer finds the shortage of any of the purchased items, he should inform the Seller within 48 hours from collecting the parcel.
- Physical defect is that, when the sold item is not in conformity with the agreement. In particular, the sold item is not in conformity with the agreement if:
- lacks the features, which the item of this kind should posses, due to the purpose stated in the agreement or resulting from the circumstances or purpose;
- lacks the features about which the Seller assured the Consumer;
- is not fit for the purpose about which the Consumer informed the Seller when concluding the agreement, and the Seller did not express any reservations about such purpose;
- was delivered to the Consumer incomplete.
The complaint shall not be entitled in the event of improper use of the goods, or the differences in colour resulting from different setting of Consumer’s screen. If the sold item is faulty, the Consumer can:
- make a statement demanding reduction in the price;
- make a statement of withdrawal from contract;
- Demand the faulty product replacement for a new one.
The Consumer cannot withdraw from the contract if the faulty is irrelevant.
The Seller considers the complaint within 14 days from the date when the complaint or the product was received, if this is necessary for considering the complaint. Complaint, replacement or repair costs shall be borne bz the Seller.
IV. Dispute Resolution
The Consumer has the possibility of having recourse to an out-of-court complaint and redress mechanism, in particular is entitled to:
- receive free assistance in the dispute with the Seller from the Regional (Municipal) Consumer Ombudsmen or a community organisation whose statutory areas of responsibilities include consumer protection i.a. Consumers’ Association, Association of Polish Consumers
- request the Provincial Commercial Inspection to initiate a mediation procedure to resolve the dispute with the trader amicably
- request Permanent Consumer Arbitration Court operating by the Commercial Inspection to resolve the dispute resulting from the sale agreement.
V. Final Provisions
- The shop collects minimum information required to order processing i.e. name and surname, contact details, and e-mail address. Collected information is not shared with third parties. Processing of personal data, in accordance with the Personal Data Protection Act, is carried out only for the purpose of order completion and the issue of an invoice. The Customer has the full right to view, correct, ad delete personal data collected by the Shop.
- The current version of the Terms and Conditions is available for the Consumer in Terms and Conditions tab. The Consumer has to accept the Terms and Conditions and is bound by it during the process of order completion.
Service does not collect any automated information, with the exception of the information contained in cookies.
Cookies are IT data, usually in a form of short text files which are stored in final device of User of our Shop and intended to use the Shop websites. Cookies usually contain the name of the website they come from, the time of being stored on the terminal device and a unique number.
The entity storing cookies in final device of User of the Shop and having access to them is the company Mama Smoka Justyna Krupnik, ul. Jana III Sobieskiego 72/17 02-930 Warszawa, NIP (VAT identification number) 9522007951 registered in CEIDG (Central Registry and Information about Business Activities), email address: email@example.com. The Shop stores cookies on Users’ devices in order to:
- keep the User’s session after logging into the Service in order to ensure proper functioning of the on-line shop (keeping cart content, orders, etc.)
- produce statistics of the website usage in order to improve the design and content of the Service (Google Analytics scripts)
In many cases, the software for browsing websites (web browser) automatically accepts storing cookies on the final device of the User. The Service Users can at any time change their cookies settings. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the settings of the web browser or each time to inform on their being stored on the User’s device. Detailed information on the possibility and the ways of using cookies is available in the software’s settings section (of the web browser).