TERMS AND CONDITIONS



Before Service Recipients start using www.mamidu.pl, they are obliged to read the Terms and Conditions.

 
 
TERMS AND CONDITIONS OF THE INTERNET STORE WWW.MAMIDU.PL
 
I. General provisions
II. Definitions
III. Type and scope of electronic services
IV. Terms of providing and concluding electronic service agreements
V. Conditions of concluding sales agreements
VI. Methods of payment
VII. Cost, time and methods of delivery
VIII. Termination conditions of electronic services agreements
IX. Complaints handling procedure
X. Right to withdraw from agreement
XI. Intellectual property
XII. Final provisions

I.    GENERAL PROVISIONS
1.    The internet store operating at www.mamidu.pl  is run by 2forU, 2forU based in Nowa Wola, street Miodunki 5e/2, NIP: 5841407949, REGON: 191193893.
2.    The online store www.mamidu.pl operates based on these Terms and Conditions.
3.    The Terms and Conditions define the types and scope of services provided electronically by the www.mamidu.pl Store, the rules of providing these services, the conditions of concluding and resolving electronic service contracts and Product Sales Agreements, as well as the procedure of complaint proceedings.
4.    Each Service Recipient, upon taking action to use the Electronic Services of the www.mamidu.pl Store, is obliged to obey the provisions of these Terms and Conditions.
5.    The Customer is required to make a Purchase Order in the Shop by reading the Terms and Conditions and accepting them at the time of placing the Order.
6.    The www.mamidu.pl Store runs retail sales through the Internet in Poland and in other EU countries.
7.    All the products offered by the Store are brand-new,  free of legal defects and legally approved for the Polish market. Photos of products on the store's website are only illustrative pictures and do not depict real photos of materials.
8.    All the products in the Store are made to individual order.
9.    All trade names, product names, company names and logos used on the Store website at www.mamidu.pl belong to their respective owners and are used only for identification purposes. They can be registered as trademarks. All the materials, descriptions and images presented on the Store website at www.mamidu.pl are used for informational purposes.
10.    In matters not regulated in these Terms and Conditions, the following provisions shall apply: the Civil Code; the act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); Law on protection of certain consumer rights and liability for damage caused by dangerous goods of 2 March 2000 (Journal of Laws No. 22, item 271, as amended); Law on special terms of consumer sale and amendment of the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant provisions of Polish law.


DEFINITIONS

1.    WORKING DAY – one day between Monday and Friday, excluding public holidays.
2.    REGISTRATION FORM - the electronic form used to create an Account on the www.mamidu.pl website.
3.    ORDER FORM – the form available on the website www.mamidu.pl enabling the Order to be submitted.
4.    CONSUMER – a natural person who carries out a legal activity not directly related to his business or profession.
5.    CLIENT – a service recipient who intends to enter into or has entered into a Sales Agreement with the Seller.
6.    ACCOUNT – the resources in the Service Provider's IT system, marked with an individual name (login) and a password, where Client's data, including information on the orders placed, is collected.
7.    TERMS AND CONDITIONS - these Terms and Conditions of the Store.
8.    STORE - The Seller's online store acting at www.mamidu.pl.
9.    SELLER, SERVICE PROVIDER – Magdalena Witkowska owner 2forU besed in Nowa Wola, street Miodunki 5e/2 NIP: 5841407949, REGON: 191193893.
10.    PRODUCT – a movable item available in the Store and being the subject of the Sales Agreement between the Client and the Seller.
11.    SALES AGREEMENT – a Product Sales Agreement concluded between the Client and the Seller via the Store.
12.    SERVICE RECIPIENT –  a natural person, a legal person or an organizational unit without legal personality, granted the legal capacity to use the Electronic Services
13.    ELECTRONIC SERVICE – the service provided electronically by the Service Provider via the Store.
14.    ORDER - Statement of the will of the Client constituting the offer to conclude the Product Sale Agreement with the Seller.
15.    NEWSLETTER – Electronic Service enabling the Service Recipient to subscribe and receive free email information related to the products available in the Store. This information will be sent by the Service Provider to the email address indicated by Service Recipient.
III.    TYPE AND SCOPE OF ELECTRONIC SERVICES
1.    Service Provider enables use of the following  Electronic Services via the Store:
a.    Entering into Product Sales Agreements
b.    Maintaining an account in the Store
c.    Using the Newsletter.
2.    The provision of services to Service Recipients in the Store is subject to these Terms and Conditions.
3.    The Service Provider has the right to display advertising content on the Website. These contents are an integral part of the Store and materials presented there.

IV.    TERMS OF PROVIDING AND CONCLUDING ELECTRONIC SERVICE CONTRACTS
1.    The provision of Electronic Services specified in chapter III point 1 of these Terms and Conditions is carried out free of charge.
2.    The period for which the contract is concluded:
a.    The Electronic Service contract consisting in maintaining the Customer's Account in the Store is concluded for an unlimited period of time.
b.    The Electronic Service contract, which consists in enabling the Order to be placed in the Store, is concluded for a fixed period of time and is terminated the moment the Order has been placed or quit by Service Recipient.
c.    The electronic service contract consisting in the use of Newsletter is concluded for an unlimited period of time.
3.    Technical requirements necessary for cooperation with the teleinformation system used by the Service Provider:
a.    a computer with internet access,
b.    access to electronic mail,
c.    an internet browser,
d.    activating Cookies and Javascript in the internet browser.
4.    Service Recipient is obliged to use the Store in a manner consistent with the law and good morals with respect to the personal rights and intellectual property rights of third parties.
5.    Service Recipient is obliged to enter data according to the actual situation.
6.    Service Recipient is prohibited from providing content of an unlawful nature.

V.    CONDITIONS OF CONCLUDING SALES AGREEMENTS
1.    Information on the website of the Store does not constitute an offer within the meaning of the law. When placing the Order, the Client submits a purchase offer for a particular Product under the conditions stated in its description.
2.    If part or all of the Products that make up the Order are unavailable, the Client is informed by email or telephone and asked for a decision on further order processing (cancelling the Order, executing without missing Products, further waiting for delivery, choosing another Product to replace missing one).
3.    The Product Price shown on the Store's website is given in Polish Zloty (PLN) or EURO (€) and includes all ingredients, including VAT, customs duties and any other ingredients. The price does not include delivery costs.
4.    The Price of the Product shown on the Store website is binding at the time the Client submits the Order. This price will not change regardless of the price changes in the Store that may occur for each Product after the Client has placed the Order.
5.    The products in promotion have a limited number of items and the orders will be processed in the sequence of order inflow until the stock has run out.
6.    In order to place an Order, Client is not required to register an Account at the Store.
7.    Orders can be submitted via the Order Form on the website (www.mamidu.pl) - 24 hours a day throughout the year.
8.    Store realizes Orders placed from Monday to Friday during Store working hours, i.e. from 9.00 to 16.30. Orders placed on workdays after 12.00, on Saturdays, Sundays and public holidays, will be processed on the next working day.
9.    Concluding the Sale Agreement.
a.    In order to enter into a Sale Agreement, it is necessary for the Client to make a prior order, by means provided by the Seller.
b.    Once the Order has been placed, the Seller will immediately acknowledge receipt of the Order, thereby binding the Client to his Order. Receipt of the Order will be confirmed by an email message containing:
o    confirmation of all relevant elements of the Order,
o    Store's statement on receipt of the Order,
o    Store's statement on acceptance of the Order,
o    Consumer's statement on withdrawal from the Contract.
c.    Upon receipt by the Client of the e-mail message referred to in point 9, Sales Agreement is concluded between the Client and the Seller.
10.    Each Sales Agreement will be confirmed with a purchase receipt (VAT invoice), which will be included in the shipment.



VI.    METHODS OF PAYMENT
1.    The Seller provides the following methods of payment:
a.    payment by traditional transfer to the Seller's bank account 
PLN61 1140 2004 0000 3312 0546 4872, BIC number BREXPLPWMBK
 2forU based in Nowa Wola, street Miodunki 5e/2 NIP: 5841407949, REGON: 191193893.
Indicate the order number in the title of the transfer.
b.    payment via electronic payment services.
2.     In case of payment by bank transfer, the Product is sent after posting the amount in the Seller's bank account.
3.    In case of payment via electronic payment services. The customer makes a payment before the Order starts. Electronic payment services allow you to make payments by credit card or quick transfer from selected Polish banks. The product will only be sent after it has been paid.
4.    The Client is obliged to pay the price under the Sales Contract within 7 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise. Lack of payment from the Client in due time means cancelling of the Order.

VII.    COST, TIME AND METHODS OF DELIVERY
1.    The delivery costs of the Product are determined during the ordering process and are subject to the choice of payment methods and method of delivery of the purchased Product.
2.    Products purchased in the Store are shipped via Polish Post or a courier company.
3.    Delivery date depends on the time needed to complete the Product and the time of delivery by the carrier:
a.    Product's completion time is 7 business days from the day the payment has been received on the Seller's account.
b.    Product is delivered by the carrier within the time declared by him, i.e. from 2 to 4 working days (delivery occurs only on working days, excluding Saturdays, Sundays and holidays).

VIII.    TERMINATION CONDITIONS OF ELECTRONIC SERVICES AGREEMENT
1.    Termination of the Electronic Services Agreement:
a.    It is possible to terminate Electronic Services Agreement of a continuous and indefinite nature (e.g. maintaining an account, using the Newsletter).
b.    Service Recipient may terminate the agreement with immediate effect and without stating the reasons by sending a relevant statement via e-mail to: sklep@mamidu.pl.
c.    The Service Provider may terminate by electronic means the service contract of a continuous and indefinite nature in the event of the Service Recipient violating the Terms and Conditions, in particular when he delivers unlawful content, after an unsuccessful prior call to cease infringements with an appropriate deadline. The agreement in such a case expires after 7 days from the date of the declaration of the will to terminate it (notice period).
d.    Termination leads to cessation of the legal relationship with effect for the future.
2.    Service Provider and Service Recipient may terminate the Service Agreement at any time by agreement of the parties.

IX.    COMPLAINTS HANDLING PROCEDURE
1.    Complaints related to the non-compliance of the Product with the Sales Agreement:
a.    The basis and scope of the Seller's liability towards the Consumer being responsible for the Product's inconsistency with the Sales Agreement is defined in particular by the Act on Special Sales Conditions and on the Civil Code of July 27, 2002 (Journal of Laws No. 141, Item 1176 with amendments).
b.    Notices of Nonconformity of the Product with the Sales Agreement and the request can be made by e-mail to: sklep@mamidu.pl or in writing to: 2forU street Miodunki 5e/2 05-500 Nowa Wola.
c.    In the above email, please provide as much information and circumstances as possible regarding the object of the complaint, in particular the type and date of the irregularity and contact details. The information provided will make it much easier and quicker to handle the complaint by the Seller.
d.    When it is necessary to assess the nonconformity of the Product with the contract, it should be delivered to: 2forU street Miodunki 5e/2 05-500 Nowa Wola.
e.    The Seller will respond to your request immediately, no later than 14 days. The complaint response is sent to the e-mail address provided by the Client or to any other method provided by the Client.
f.    In the case of a consumer complaint, failure to adjudicate a complaint within 14 days is unequivocal. 
In case of a justified complaint of a Client being a Consumer, the Seller shall bear the costs of receipt, delivery and replacement of the Product free of defects.
2.    Complaints related to provision of Electronic Services by Service Provider:
a.    Complaints related to the provision of Electronic Services via the Customer Service Shop may be submitted by e-mail to: sklep@mamidu.pl
b.    In the above email, please provide as much information and circumstances as possible regarding the object of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the handling of the complaint by the Service Provider.
c.    Handling of the complaint by the Service Provider shall be made immediately, not later than within 14 days.
d.    The Service Provider's response to the complaint is sent to the E-mail address of the Recipient stated in the complaint form or in another way provided by the Client.
 
X.    RIGHT TO WITHDRAW FROM THE CONTRACT
1.    All the products offered by mamidu.pl Store are made to Customer's individual order only.
2.    The Store does not accept returns of goods since they are made to Customer's individual order only.
3.    The right to withdraw from a distance contract does not belong to the consumer in cases of benefits which, due to their nature, cannot be returned or whose subject matter is quickly deteriorated. This also applies to Products made to individual order, or Personalized Products.
XI.    INTELLECTUAL PROPERTY
1.    All content posted on the website at www.mamidu.pl is protected by copyright and is owned by 2forU Magdalena Witkowska, 05-500 Nowa Wola street Miodunki 5e/2.
The recipient assumes full responsibility for damage caused to the Service Provider, resulting from the use of any content of the www.mamidu.pl website, without the consent of the Service Provider.
2.    Any use by anyone without the express written consent of the Service Provider, any component that constitutes the content and content of the www.mamidu.pl website constitutes a breach of the Service Provider's copyright and results in civil and criminal liability.

XII.    FINAL PROVISIONS
1.    Contracts concluded through the Store are concluded in accordance with the Polish law.
2.    Changes made by the Service Provider in the Store Terms and Conditions are binding on the Customer, on condition that he has been properly informed about the changes and has not terminated the service contract by electronic means within 14 days of the Customer's notification of changes by the Shop.
3.    In the case of non-compliance of any part of the Terms and Conditions with the applicable law, instead of the challenged provision of the Terms and Conditions, the relevant provisions of the Polish law apply.
4.    Any disputes arising from the Sales Agreements between the Store and the Consumers will be resolved primarily through negotiation, with the intent of concluding an amicable settlement. However, if this would not be possible, or would be unsatisfactory for either party, disputes will be settled by the appropriate general court, according to point 5 of this chapter.
5.    Settling disputes:
a.    Any disputes arising between the Service Provider and the Customer being the Consumer shall be submitted to the competent courts in accordance with the provisions of the Civil Procedure Code of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
b.    Any disputes that arise between the Service Provider and the Non-Consumer Customer are subject to the court of competent jurisdiction for the location of the Service Provider.


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