Store regulations

§ 1

Introductory Provisions

  1. The La Mariposa Sutasz online store, available at www.lamariposasutasz.pl, is run by Martyna Szymkiewicz-Sikorska, owning a business under the name of Creattiva Martyna Szymkiewicz-Sikorska, registered with the Central Register and Information on Economic Activity (CEIDG) run by the Economy Ministry of the Republic of Poland, under the tax number NIP 696-169-20-31 and REGON 301302260
  2. These regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Selling Agreement with the Consumer via the Store.

§ 2

Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to his or her business or professional activity.
  2. Seller – a natural person conducting business activity under the name of Martyna Szymkiewicz Creattiva, registered with the Central Register and Information on Economic Activity (CEIDG) run by the Economy Ministry of the Republic of Poland, under the tax number NIP 696-169-20-31 and REGON 301302260
  3. Client – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act of law grants legal capacity, conducting business activities on its own behalf, which uses the Store.
  5. Shop – online store run by the Seller at www.lamariposasutasz.pl
  6. Contract concluded at a distance – an agreement concluded with the Customer as part of an organised system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.
  7. Store regulations 29 / 5 000 – these Store regulations.
  8. Order – a declaration of will of the Customer submitted via the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
  9. Account – customer account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
  10. Registration form – a form available in the Store enabling the creation of an Account.
  11. Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Shopping cart – an element of the Store software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. A tailor-made product (Custom product) – a product that is not included in the offer available in the store, and is ordered with an individual description.
  15. Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store. A Sales Agreement is also understood to mean – in relation to the features of the Product – a service agreement and a contract for specific work.
  16. eGift Card – a bearer voucher sold in digital form (with a unique code) entitling the Customer to purchase goods in the lamariposasutasz.pl Store, up to a maximum amount corresponding to the nominal value of the eGift Card. The eGift Card is not a payment card and is not an electronic payment instrument.

§ 3

Contact with the Store

  1. Seller's email address: sklep@lamariposasutasz.pl
  2. Seller's telephone number: +48 604 405 295
  3. Sellers bank account: mBank PL 25 1140 2004 0000 3602 6640 7112, BIC (formerly SWIFT CODE): BREXPLPWMBK
  4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  5. The Customer may communicate with the Seller by phone between 8:00 and 20:00.

§ 4

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

  • a terminal device with access to the Internet and a web browser,
  • Active and valid e-mail account,
  • cookies support enabled
  • FlashPlayer software installed

§ 5

General information

  1. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
  3. The prices given in the Store are given in Polish zloty, in the European Union currency euro and in Czech koruna and all are gross prices.
  4. The customer is given the option to change the currency using the switch installed on the website. The seller is obliged to maintain the appropriate level of the conversion rate of the currencies used provided by mBank in Poland by checking the daily exchange rate at mBank. At the same time, the exchange rate may differ from the source rate and may be adjusted so that the seller does not record a loss in relation to the changing prices of logistics operators.
  5. The customer is given the option to translate the content of the store and all pages of the service from Polish to English and from English to Polish using the switch installed on the page. The seller is obliged to ensure the highest possible quality translation of the content of the store and all pages of the service, in accordance with the possibilities and state of knowledge at her disposal.

§ 6

Creating an Account in the Store

  1. To set up an Account in the Store, you must fill out the Registration Form. The following data must be provided: name, surname, e-mail address, password, optionally date of birth, newsletter subscription (optional), and mandatory acceptance of the Store's regulations and privacy policy.
  2. Creating an Account in the Store is free of charge.
  3. Logging in to the Account is done by entering the login and password set in the login form.
  4. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3.

§ 7

Rules for placing an order

To place an Order the following must be completed:

  1. Log into customer's account in the Store (optional)
  2. Select the Product that is the subject of the Order and then click the "Add to Cart" button.
  3. Log in or use the option to place an Order without registration;
  4. If you have chosen to place an Order without registration, complete the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of delivering the Product).
  5. Click the “Order and pay” button and confirm your order by clicking on the link sent in the email,
  6. Make the payment by transfer to the correct bank account indicated in the store’s regulations at § 8 point 3.

§ 8

Terms of the "free shipping" promotion

  1. The customer, in order to take advantage of the free delivery promotion in Poland, places and pays one common order for any number of products available in the store, the total value of which is more than PLN 250. The shipping costs are then covered by the seller. If the total value of purchases exceeds PLN 250 in one order, the "free shipping" option will automatically appear in the cart summary, which must be selected before paying for the cart. Separately placed and paid orders with a total value greater than PLN 250 do not qualify for this promotion
  2. The customer, in order to take advantage of the free delivery promotion in Germany and the Czech Republic, places and pays one common order for any number of products available in the store, the total value of which is more than PLN 500. The shipping costs are then covered by the seller. If the total value of purchases exceeds PLN 500 in one order, the "free shipping" option will automatically appear in the cart summary, which must be selected before paying for the cart. Separately placed and paid orders with a total value greater than PLN 500 do not qualify for this promotion (The customer can check the equivalent of PLN 500 using the currency switch installed on the Store's website, selecting the appropriate currency)*
  3. * – depending on the currency conversion rate used on a given day.

§ 9

Offered delivery and payment methods - within Poland

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

Postal delivery (cost PLN 15), priority (PLN 16)

Shipment to selected InPost Parcel Locker (cost PLN 17)

Orlen Paczka delivery (cost 12 PLN)

Personal collection available at: Robotnicza 53, 63-800 Gostyń, Wielkopolskie.

2. The customer can use the following payment methods:

a) Payment by bank transfer to the Seller's account

b) Payment via Blik to the Seller's phone number

Offered delivery and payment methods - to the Czech Republic

3. The Customer may use the following methods of delivery or collection of the ordered Product:

Economy post – cost PLN 36, approx. CZK 212.00 – depending on the exchange rate, please check in the basket using the currency switcher installed on the Shop website.

4. The customer can use the following payment methods:

a) Payment by bank transfer to the Seller's account

b) Payment via Blik to the Seller's phone number

Offered delivery and payment methods - to Germany

5. The Customer may use the following methods of delivery or collection of the ordered Product:

Economy post (cost 52 PLN) approx. € 12.00 – depending on the exchange rate, please check in the basket using the currency switcher installed on the Shop website.

6. The customer can use the following payment methods:

a) Payment by bank transfer to the Seller's account

b) Payment via Blik to the Seller's phone number

§ 11

Execution of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms it, which at the same time means that he accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Customer an appropriate e-mail message by the Seller to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller. The Customer is obliged to make the payment within 48 hours from the conclusion of the Sales Agreement (time of receiving confirmation in the e-mail message) - otherwise the order will be canceled.
  1. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  2. In the event of ordering Products with different delivery dates, the delivery date is the longest date given.
  3. The beginning of the delivery period of the Product to the Customer is counted as follows:
  4. If the Customer chooses to pay by bank transfer – from the date of crediting the Seller’s bank account.
  5. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided when placing the Order.

§ 12

Right of withdrawal

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a person indicated by him other than the carrier.
  3. In the case of a Contract covering multiple Products that are delivered separately, in batches or in parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. In the case of an Agreement which involves the regular delivery of Products for a specified period of time (subscription), the period indicated in paragraph 1 shall run from the moment of taking possession of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.

  1. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address - the Seller's contact details are specified in § 3.
  2. If the Consumer sends the declaration electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.
  3. Consequences of withdrawal from the Agreement:
  1. In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.
  2. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard method of delivery offered by the Seller.
  3. The Seller will refund the payment using the same payment method that was used by the Consumer in the original transaction.
  4. The Seller may withhold reimbursement until receiving the Product back or until proof of sending it back is provided, depending on which event occurs first.
  5. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Product before the expiry of the 14-day period.
  6. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by regular mail.
  7. The Consumer is only liable for any reduction in the value of the Product resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description in the Store.

10. The right to withdraw from a contract concluded at a distance does not apply to the Consumer in relation to the Contract:

  1. where the subject of the service is jewellery made to order by the Consumer, manufactured according to his specifications or intended to meet his individual needs.

§ 13

Complaint and warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver to the Customer a product free from defects.
  3. W przypadku wystąpienia wady zakupionego u Sprzedawcy towaru Klient ma prawo do reklamacji w oparciu o przepisy dotyczące rękojmi w kodeksie cywilnym.
  4. Complaints should be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.
  5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  6. Goods returned under the complaints procedure should be sent to the address given in § 3 of these Regulations.

§ 14

Extrajudicial methods of handling complaints and pursuing claims

  1. Detailed information on the possibility of the Consumer using out-of-court methods of complaint handling and claim settlement and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following websites 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.
  2. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims:
  1. The Consumer is entitled to refer to a permanent consumer arbitration court, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer is entitled to contact 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 of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
  3. The consumer may obtain free assistance in resolving a dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers).

§ 15

Personal data in the Online Store

  1. The administrator of the personal data of Customers collected via the Online Store is the Seller
  2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.
  3. The recipients of the personal data of the Online Store Customers may be a selected carrier or intermediary carrying out shipments on behalf of the Administrator.

4. The Customer has the right to access and correct his/her data.

5. Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude said agreement.

§ 16

Final provisions

1. Agreements concluded via the Online Store are concluded in Polish and can be translated into English via installed language translation switch on the websites of the Store.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.

4. The customer has the right to use out-of-court complaint and claim settlement methods. For this purpose, the customer may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

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