§ 1 [General Regulations]
- These Regulations define the conditions of sale, delivery, complaint and return of Goods in THE MANNEI Online Store, run by the Seller at the following address: themannei.com, as well as the rights and obligations of the Customers and the Seller.
- Whenever these Regulations refer to:
- Working days – it ought to be understood as days from Monday to Friday, excluding public holidays;
- Contact form – it ought to be understood as an interactive print made available in the Store, enabling the Customer to contact the Seller one-sidedly;
- Order form – it ought to be understood as interactive printing available in the Store, enabling the Customer to place an Order;
- Client – it should be understood as (1) a natural person with full legal capacity, (2) a natural person with partial legal capacity (a minor over 13 years of age or a partially incapacitated person) with the consent of a legal representative, (3) a legal person or an organizational unit without legal personality, but having legal capacity;
- Civil Code – it should be understood as the Act of 23 April 1964 Civil Code (Journal of Laws of 2020, item 1740 as amended);
- Consumer – it should be understood as a Customer who is a consumer within the meaning of the Civil Code, as well as a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its performance business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
- Account – it should be understood as a Service consisting in separating a part of the Store, enabling the Customer to use additional Store functionalities;
- Newsletter – it should be understood as a service consisting in periodic sharing, in the form of an e-mail, with the consent of the recipient, the content of commercial and promotional information prepared by the Seller;
- Regulations – it should be understood as this document;
- Shop – it should be understood as an online store run by the Seller at the Internet address: themannei.com, enabling the submission and acceptance of orders for the presented Goods;
- Seller – it should be understood as THE MANNEI SARA BORUC ul. Kurhan 11 02-203 Warszawa, Mazowieckie, Nip 783-15-96-111
- Goods – it should be understood as items offered for sale in the Store by the Seller, in particular clothing;
- Electronic Service or Service – it should be understood as services provided by the Seller by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended);
- User – it should be understood as each Internet user who uses the Services provided in the Store;
- Your Order – it should be understood as the Customer’s statement, which constitutes an offer to conclude a Distance Sale Agreement;
- The Seller gives:
- e-mail address intended for contacts with him: firstname.lastname@example.org,
- correspondence address, to which you can send all written correspondence addressed to the Seller, including, inter alia, reporting written complaints about the Goods or sending returns: The Mannei Sara Boruc, ul. Wiejska 11/14 00-480 Warsaw
- To use the store, you need: an Internet connection, a web browser that allows you to call up information and view it on a computer screen or other device used to display the content of (WWW) websites.
§2. [Conditions for the sale of the Goods]
- The Seller offers the sale of Goods and Services via the Internet as part of the Store.
- The Seller accepts Orders via the Order Form available at: themannei.com. Orders are accepted 24 hours a day, 7 days a week, unless otherwise provided for in generally applicable law in the territory of the Republic of Poland, which may include, in particular, restrictions on trading on Sundays or public holidays, but on the date of entry into force of the Regulations , there are no such restrictions. To place an Order, add the selected Goods or Goods to the “basket”, complete the Order form and accept the Regulations. Orders are placed in the Store by using the button described „Order and Pay”. Clicking on the above the button is tantamount to concluding a contract.
- Immediately before placing an Order by using the button described „Order and Pay”, The customer is informed in particular about the main features of the service, which includes in particular the name of the ordered goods, the total amount to be paid, including the price of the goods and the costs of delivering the goods which are the subject of the order to the customer.
- Immediately after placing the Order, the Seller accepts the Customer’s offer – which is confirmed by the conclusion of the contract by sending an e-mail to the address provided by the Customer, at the same time sending information about the main features of the service referred to in paragraph 2 above and the content of the Regulations, fulfilling the obligations set out in Art. 21 sec. 1 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended).
- The Seller carries out Orders (delivers the ordered Goods) in the territory of the Republic of Poland and abroad in selected countries, the list of which is available to the Customer when placing the Order.
- The Seller enables its Customers to pay for the ordered Goods in the following ways:
- by credit or debit card;
- online transfer;
- traditional transfer.
- Electronic payments described in sec. 6 points 1) and 2) above, are operated by Tpay.com, operated by the company: Krajowy Integrator Płatności S.A. based in Poznań. Tpay.com is an external service that allows you to pay in the Store with a debit or credit card or the so-called by quick transfer. A quick transfer means that when placing an Order, the Customer is redirected to his bank’s website, logs in and receives a transfer form for approval with a password. The client does not need to provide any additional information. At the same time, immediately after making such a transfer, the Store receives information that the Order is paid).
- The Seller begins the execution of the Order after receiving the payment confirmation from the payment system operator.
- If the Order placed by the Customer cannot be processed due to the unavailability of the Goods covered by the Order, the Customer will be immediately informed of this fact, and the amount paid towards the sale price of the Goods and delivery costs will be immediately returned to him.
§ 3 [Prices]
- The prices in the Store are expressed in Polish zlotys (PLN) and include VAT and EURO.
- The gross price given next to the Goods when placing the Order is binding at the time the Customer places the Order.
- Up-to-date information on delivery costs and payment methods is available when the Customer selects the method of delivery of the Goods and the method of payment, i.e. before placing the Order.
§ 4 [Terms of delivery and receipt of the Goods]
- The Seller provides the Customers with the following methods of delivery or collection of the Goods:
- courier delivery;
- personal collection at the address: ul Kurhan 11 02-203 Warsaw, on Business days from [•] to [•].
- The goods are shipped by the Seller immediately after starting the Order. The standard, estimated time of delivery in the territory of the Republic of Poland is provided in the Store next to the presentation of the Goods. In any case, the Store makes every effort to ensure that the Goods are shipped within 10 (say: ten) days from the start of the Order and delivered to the Customer within 30 (say: thirty) days from the start of the Order. If the subject of sale is a Product manufactured or processed according to the dimensions specified by the Customer, the date of delivery of the Product may be extended due to the time needed to manufacture the Product. The customer will be informed each time about the expected delivery date.
- The delivery of the Goods is carried out by entrepreneurs who professionally deliver courier items.
- If the Customer chooses to collect the Goods in person, the Goods will be ready for collection by the Customer within 30 (say: thirty) days from the start of the Order.
- The Customer is informed about the costs of delivering the Goods in the process of placing the Order.
§ 5. [Services]
- Services The Seller enables Customers to use the following free Electronic Services: access to the Newsletter, access to the Account, access to the Order Form and access to the Contact Form.
- The use of the Newsletter access service is voluntary and free of charge and requires:
- providing an email address;
- consent to receive commercial information to the e-mail address provided.
- The conclusion of the contract for the provision of the service of access to the Newsletter takes place at the moment of entering the e-mail address in the form available in the Store and activating the link hidden under the button “Subscribe”.
- The recipient of the Newsletter access service may terminate the contract referred to in para. 3 above, by sending an e-mail or written request to stop sending messages as part of the Newsletter.
- Using the Account access service is voluntary and free and requires:
- providing registration data indicated in the form made available in the Store;
- accepting the Regulations.
- The conclusion of the contract for the provision of the Account access service takes place when the data in the form available in the Store is correctly filled in and the link hidden under the button “Register” is activated.
- The recipient of the Account access service may terminate the agreement referred to in paragraph 6 above, by sending an e-mail or in writing a request to cease keeping the Account.
- The use of the Order Form is voluntary and free of charge and begins when the Customer adds the first Good to the “basket”.
- The service of using the Order Form is of a one-off nature and ends in a moment:
- placing an Order, or
- cease placing the Order using the Order Form.
- The use of the Contact Form is voluntary and free of charge and begins with the entry of the first character in the interactive print available.
- The service of using the Contact Form is of a one-off nature and ends in a moment:
- sending a message to the Seller, or
- ceasing to use the Contact Form.
§ 6. [Withdrawal from the contract]
- Pursuant to the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287, as amended), each Consumer may, within 14 days, withdraw from the contract of sale of the Goods on the terms and in the manner specified in the information constituting Appendix 2 to the Regulations.
- To exercise the right to withdraw from the contract, it is enough to read and follow the information constituting Annex 2 to the Regulations.
- The Seller provides a withdrawal form, the model of which is included in Appendix 1 to the Regulations. In order to withdraw from the contract, the Customer may use the form.
- The Seller informs that the right to withdraw from the contract does not apply to the Goods that have been manufactured according to the specification provided by the Consumer (e.g. according to the dimensions indicated by the Consumer).
§ 7. Complaints
- The Seller is obliged to provide the Customer with Goods free from physical and legal defects. A physical defect consists in particular in the non-compliance of the Goods with the contract, consisting in particular in:
- lack of properties that the Goods of this type should have due to the purpose specified in the contract or resulting from the circumstances or destination;
- lack of properties of the Goods, the existence of which the Seller has provided to the Customer, including in particular the description in the Store,
- non-suitability of the Goods for the purpose of which the Customer informed the Seller at the conclusion of the contract, if the Seller did not raise any objections as to such purpose of the Goods,
- delivery of the Goods to the Customer in an incomplete state.
- If the Product has defects that were in it at the time the Customer received the Good or was damaged during delivery, the Customer is entitled to send it together with a written complaint, by post to the Seller’s address indicated in § 1 section 3 point 2) of the Regulations, with the shipping costs being borne by the Seller. The seller asks customers that the complaint should include a detailed description of the defect, an indication of how the customer requests the complaint and a document or its copy confirming the purchase (receipt). The seller ensures that, if necessary, he will ask the customer to complete the complaint. Any additional inquiries or requests from the Seller will be aimed solely at the good of the Customer and the best and fastest way of settling the complaint submitted by the Customer and shall not affect the timing of responding to the complaint.
- The Seller is liable for defects in the Goods inherent in them at the time of release or resulting from circumstances inherent in the Goods at the time of release, if these defects were discovered within two years from the date of delivery of the Goods to the Customer.
- The Customer may request the replacement of the defective Product with a Product free from defects or its repair, as well as withdraw from the contract or demand a price reduction, if the Seller does not propose replacement or repair.
- The Seller is obliged to replace the defective Product or remove the defect within a reasonable time without undue inconvenience to the Customer.
- If the Seller immediately and without undue inconvenience to the Customer does not remove the defect or replace the Product with a non-defective one, the Customer is entitled to submit a declaration of price reduction or withdrawal from the contract. The provision does not apply to relations between the Seller and Customers who are not consumers within the meaning of the Civil Code.
- The Seller shall not be liable for mechanical damage to the Goods, if they were not inherent in them when the Customer received the Goods or were not caused by defects in the Goods at the time the Customer received the Goods. The finding of such mechanical damage will constitute the basis for refusal to recognize the complaint as justified.
- The Seller will respond to the Complaint submitted by the consumer within the meaning of the Civil Code within 14 days from the date of its receipt, in other cases within 30 days.
- The seller is liable to the customer on the terms set out above:
- in relation to Customers who are consumers within the meaning of the Civil Code, if the defect is found within 2 years from the date of delivery of the Goods and the Seller is informed about it no later than within 1 year from the date the defect was discovered,
- in relation to Customers who are not consumers within the meaning of the Civil Code, if the defect is found before the expiry of 2 years and the Seller is informed about it immediately, no later than within 7 days from the date the defect was discovered.
- In the case of Customers who are not consumers within the meaning of the Civil Code, the Customer loses the rights under the warranty if he does not examine the Goods immediately after receiving it.
- The customer may use out-of-court complaint and redress methods, in particular if the Seller does not consider the complaint in accordance with the expectations of the Customer who is a consumer within the meaning of the Civil Code. For this purpose, the Customer may, at his/her choice:
- apply to the competent provincial inspector of the Trade Inspection to initiate a free mediation procedure regarding the amicable settlement of the dispute,
- apply for a dispute to a permanent amicable consumer court operating at the competent voivodeship inspectorate of the Trade Inspection,
- seek free advice from the poviat (municipal) consumer ombudsman, who may apply to the Seller on behalf of the Customer in order to settle the dispute amicably or bring an action on behalf of the Customer against the Seller.
- Detailed information on the Customer’s ability to use the specified in point 11 of the above-mentioned extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of voivodeship inspectorates of the Trade Inspection and poviat (municipal) consumer ombudsmen, as well as social organizations whose statutory tasks include the protection of consumer rights.
§ 8. [Personal Data & Privacy]
§ 9. [Final Provisions]
- The Seller has the right to change the offer of the Goods, carry out, change and cancel promotional campaigns, including loyalty programs, which will not have any impact on the Orders placed and / or carried out for the benefit of the Customers.
- These Regulations come into force on the date of its placement in the Store at the following Internet address: themannei.com/[•] and shall be valid for an indefinite period.
- Amendments to the Regulations come into force on the day of announcing the new Regulations at the following address: themannei.com/[•], with the proviso that the changes are binding for Customers who are Consumers within the meaning of the Civil Code, if they accept them. Amendments to the Regulations do not affect Orders placed by the Customer before the effective date of such amendments. Such Customer Orders will be implemented on the current terms.
- Any disputes that may arise between the Customer and the Seller on the basis of or in connection with an agreement concluded on the basis of the Regulations, the parties will try to resolve amicably. In the event of disagreement, the disputes will be resolved by the Polish common court having jurisdiction over the Seller, and this provision does not apply to Customers who are Consumers.
- The seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
- Any Internet user may download the content of the Terms and Conditions in printable format from the Internet address: themannei.com/[•] and save it on their own medium.
- The law of the Republic of Poland is appropriate for the obligation relations between the Customer and the Store, to the extent that the possibility of applying this law has not been excluded or limited by the norms of law established by the European Union bodies or the norms of international agreements to which the Republic of Poland is a party.
- The Seller’s liability towards Customers who are not Consumers is limited to the liability for the actual damage suffered, with the amount limited to the price paid for the Goods.
- The regulations are valid from [•].Warsaw