Terms and conditions
APPLICABLE FROM 25.05.2018
These Regulations define the general conditions, rules and manner of sale conducted by MP STUDIO based in Łęka Opatowska, through the online store www.meblujemydom.pl (hereinafter: "Online Store") and defines the terms and conditions of providing free electronic services by MP STUDIO.
Terms used in the Regulations mean:
1.1. Delivery time - time (given in working days), in which the Store will complete the order and will forward it to the carrier for delivery.
1.2. Business days - means days of the week from Monday to Friday, excluding public holidays.
1.3. Delivery - means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
1.4. Supplier - means an entity with which the Seller cooperates in the scope of making deliveries of goods..
1.5. Password - means a string of letters, digits or other characters chosen by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
1.6. Consumer Infoline - means the telephone number 500 690 691, under which the Customer may contact the Seller in order to obtain information related to the concluded Sales Agreement.
1.7. Client - a natural person, legal person or an organizational unit for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and legal regulations.
1.8. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
1.9. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
1.10. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded a contract for the provision of account maintenance services.
1.11. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity..
1.12. Regulations - means these Regulations for the provision of electronic services as part of the MeblujemyDOM online store.
1.13. Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
1.14. Online Store - an internet service available at www.meblujemydom.pl, selling products in its offer via the Internet.
1.15. Seller - means MP STUDIO with its registered office in Łęka Opatowska (63-645), ul. Lipowa 14, NIP: 619-196-88-26, REGON: 302514120.
1.16. Goods - means a product presented by the Seller in the Store, which may be the subject of a Sales Agreement.
1.17. Sale agreement - means a sales contract concluded at a distance, on terms specified in the Regulations, between the Customer and the Seller.
1.18. Additional service - a paid service, provided to the Customer outside the Online Store, the purchase of which is only possible to goods purchased through the Store.
1.19. Consumer Rights Act - the Act of 30 May 2014 on consumer rights and amendments to the Civil Code (Journal of Laws of 2014, item 827).
1.20. The Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended).
1.21. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
2. GENERAL PROVISIONS
2.1. These Regulations define the rules for using the online store available under www.meblujemydom.pl (also: meblujemydom.pl and m.meblujemydom.pl).
2.2. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
2.3. Online Store, operating under the domain www.meblujemydom.pl, is run by MP STUDIO with its registered office at ul. Lipowa 14, 63-645 Łęka Opatowska, NIP 619-196-88-26, REGON 302514120.
2.4. These Regulations specify in particular:
a) the rules for registering and using the account as part of the Online Store;
b) the terms and conditions for making an electronic reservation of products available as part of the Online Store;
c) the terms and conditions for submitting orders via the Online Store electronically;
d) the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
2.5. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms, logos and photos posted on the Shop Website (except for some logos and photographs presented on the Shop Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller.
2.6. The Seller shall make every effort to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and internet connection types. The minimum technical requirements enabling the use of the Store Website is a web browser at least Internet Explorer 11 or Chrome 63 or Firefox 58 or Opera 50 or Safari 5 or newer, with Java and Adobe Flash enabled, accepting "cookies" and a link Internet with a bandwidth of at least 256 kbit / s. The Store's website is responsive and dynamically adapts to any screen resolution.
2.7. The Seller uses the mechanism of "cookie" files, which while the Customers use the Shop Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy and does not cause any configuration changes in the client's end devices or in the software installed on these devices. Each customer can disable the "cookies" mechanism in the web browser of his terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store Website.
2.8. In order to place an order in the Online Store via the Online Store Website or via e-mail and in order to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.
2.9. In order to place an order in the Online Store by phone, it is necessary for the Customer to have an active phone number and an active e-mail account.
2.10. In accordance with applicable law, the Seller reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18 years. In this case, potential customers will be notified of the above.
2.11. It is prohibited to provide the Customer with unlawful content and use by the Customer of the Online Store, the Shop Website or free services provided by the Seller, in a manner contrary to the law, good practices or infringing personal rights of third parties.
2.12. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.
2.13. It is not allowed to use the resources and functions of the Online Store in order to conduct activities by the Customer that would infringe the interest of the Seller, i.e. the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting false or misleading content.
2.14. Customers can access these Regulations at any time via the link found on the home page of www.meblujemydom.pl and download it and print it out.
2.15. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters as well as prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.
3. REGISTRATION AND PRINCIPLES OF USING THE ONLINE STORE
3.1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
3.2. Registration is not necessary to place an order in the Online Store.
3.3. Registration takes place by completing and accepting the registration form, available on one of the Store's websites. During registration, the Customer sets an individual password.
3.4. The condition of Registration is to agree to the content of the Regulations and provide personal data marked as mandatory.
3.5. During registration, the customer may voluntarily agree to the processing of his personal data for marketing purposes by checking the appropriate box of the registration form. In this case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about the known to the Seller or anticipated recipients of such data.
3.6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may be sent, for example, to the Seller's address via e-mail.
3.7. The customer also has the option to register via his user account on social networks ie PayPal, Facebook, Google+. The creation of a Customer Account takes place through a dedicated redirection from the Online Store to the social network website: PayPal, Facebook, Google+, where the user is asked to enter a username (or alternatively a phone number for Facebook) and password that he has to the user's account in social networking site. After authorization on the social networking site, the user is directed back to the Online Store, where the Customer Account is created with a link to the user's account on the social network. The username for the social networking site and its password are not registered and stored by the Service Provider. After making the user's authorization, social networks provide the Service Provider with the following personal data: first name, last name, e-mail address.
3.8. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. With this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.
3.9. Automatic Registration of the Customer Account for the sole purpose of submitting and processing the Order takes place in the following two cases:
a) through the purchase of goods via auction portals, such as Allegro or eBay (then customer billing data from the purchase form are sent via the API protocol to the Store system, and on their basis a Customer Account is automatically created),
b) in the situation of placing an Order by the Customer via the Consumer Hotline (an employee of the Store when entering the Order into the Shop system creates a Customer Account based on data provided during a telephone conversation).
In both of the above cases, the Customer is informed by email about the fact of creating a Customer Account. The password is assigned randomly. The Customer may at any time change the password on his own, edit the Customer Account or delete them.
3.10. The Seller may deprive the Customer of the right to use the Online Store, as well as limit its access to some or all of the Online Store's resources, with immediate effect, if the Customer violates the Regulations, in particular when the Customer:
a) provided during registration in the Online Store data that are untrue, inaccurate or out of date, misleading or violating the rights of third parties,
b) committed, through the Online Store, the infringement of personal rights of third parties, in particular the personal rights of other customers of the Online Store,
c) engage in other behaviors that will be considered by the Seller to be inconsistent with applicable law or general principles of using the Internet or harm the good name of the Seller.
3.11. A person who has been deprived of the right to use the online store may not re-register without the prior consent of the Seller.
3.12. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent the unauthorized collection and modification of personal data sent on the Internet.
3.13. The customer is obliged in particular to:
a) not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
b) use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
c) failure to take actions such as: sending or placing unsolicited commercial information (spam) as part of the Online Store,
d) use the Online Store in a way that is not inconvenient for other customers and for the Seller,
e) use any content posted on the Online Store only for personal use,
f) use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
4. PROCEDURE FOR CONCLUDING A SALES AGREEMENT
4.1. The information contained on the Store's website does not constitute an offer of the Seller within the meaning of the Civil Code, but only the invitation of Customers to submit offers to conclude a Sales Agreement.
4.2. The Customer may place orders in the Online Store via the Store website or e-mail 7 days a week, 24 hours a day.
4.3. The Customer may place orders in the Online Store via the telephone in the hours and days indicated on the Store's website.
4.4. To place an Order via the Online Store, you must select the Goods, quantities and their colors, taking subsequent technical steps based on the messages displayed to the Customer and the information available on the website. The choice of ordered goods by the customer is made by adding them to the basket. During placing the Order - until the "Order" button is pressed - the Customer has the possibility to modify the entered data in the selection of the Goods. To do this, follow the messages displayed to the Client and the information available on the website.
4.5. After providing the Customer using the Online Store with all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will contain information regarding:
a) the subject of the order,
b) unit and total price of ordered products or services, including delivery costs and additional costs (if any),
c) the chosen payment method,
d) the chosen method of delivery,
e) delivery time,
f) any comments made by the Customer when placing the Order.
4.7. After placing the Order, the Customer receives an e-mail entitled "Confirmation of the receipt of the order", containing the final confirmation of all essential elements of the Order.
4.8. The contract is treated as concluded with the moment the Customer receives the e-mail referred to above.
4.9. The Customer placing an order via electronic mail, sends it to the e-mail address provided by the Seller on the Store's website. In the message sent to the Seller, the Customer states: the name of the Product, color and its quantity, preferred method of payment, form of delivery, e-mail address, his contact details, and whether he wants to use the Additional Service.
4.10. After placing the order, the Seller sends the confirmation of the order to the e-mail address provided by the Customer. Confirmation of the order is the Seller's statement about the acceptance of the offer referred to in the point above and upon the receipt of the offer by the Customer, the Sales Agreement is concluded.
4.11. The customer placing an order via the telephone uses for this phone number provided by the Service Provider on the Shop Website. By placing an order over the phone, the Customer provides the Service Provider with the name of the Goods from among the Products on the Store's website and the quantity of the Goods he wants to order. The customer also provides color and selected accessories if the specification of the product provides for such a choice. Then, after completing the entire order, the Customer determines the method and address of the Delivery and the form of payment, as well as indicates, at his or her option, his e-mail address or mailing address to confirm the order. Each time when ordering by the Customer by phone, the Customer is informed of the details of the Seller with whom the Sales Agreement will be concluded, the total price of the selected Product and the total cost of the selected Delivery method, as well as all additional costs he is obliged to incur in connection with the Sale Agreement.
4.12. Placing an order in accordance with the point above takes place in real time, i.e. during a phone call with the Seller, with the moment the Sales Agreement is concluded. After placing the Order, the Seller sends the confirmation of the order to the e-mail address provided by the Customer.
4.13. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
5. PAYMENTS AND DELIVERY
5.1. The prices of the Goods in the Online Store are given in Polish zloty (PLN) or in Euro (EUR) and include all components, including VAT (with distinction from the rate), customs and all other components. The given prices do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sale Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
5.2. The customer can pay the value of the Order:
a) by bank transfer to the Seller's bank account BZ WBK 42 1090 1144 0000 0001 2180 7500 (SWIFT WBKPPLPP),
b) by debit card or bank transfer through an external quick payment system (IAI Pay or PayPal),
c) cash on delivery,
d) payment in the installment system (detailed here)
5.3. The Customer should pay for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment. If the Customer fails to make the payment within the time limit referred to in this point, the Seller shall have the right to withdraw from the Sales Agreement. After the expiry of the deadline for making the payment, the Seller will send the Customer via e-mail a statement of withdrawal from the contract pursuant to art. 492 of the Civil Code.
5.4. The delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer while placing the Order.
5.5. In special cases, the Store enables Customers to deliver Goods outside the territory of the Republic of Poland, on the territory of EU countries. Before placing an Order, the Customer is obliged to contact the Store in order to make an individual valuation of the transport.
5.6. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
5.7. The Seller shall publish on the Shop Website information on the number of Working Days needed for the Delivery and execution of the order. The time of delivery is from 3 to 28 working days counting from the day the Customer sends the Order and confirms the payment method.
5.8. The Seller places information on delivery costs on the Shop Website. This information is visible before adding the Good to the basket and during the ordering process. Delivery costs depend on the size of the Order, the dimensions of the Goods, its weight and the place of Delivery. In the case of non-standard orders, the cost of Delivery will be determined individually by the Store.
5.9. Ordered goods are delivered to the customer via the supplier or transport of their own store to the address indicated in the order form.
5.10. If you choose a post office box as a form of Delivery, the delivery address will be the address of the parcel locker selected by the Customer at the time of placing the Order.
5.11. The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee to draw up a proper protocol in order to pursue claims.
5.12. Consolidation, security, disclosure and confirmation to the Client of the essential provisions of the Agreement for the sale of Goods takes place by sending to the e-mail address provided by the Customer and by attaching a confirmation printout, Order Specification and VAT invoice to the package.
5.13. After the Delivery of the purchased Goods, the Seller, as part of the performance of the contract with the Customer, may send the Customer an email invitation to complete the survey in order to examine his opinion on the transaction. The customer is entitled but not obliged to complete it.
6. WARRANTY AND GUARANTEE
6.1. The Seller provides the Delivery of the Goods free of physical and legal defects. The Seller is liable to the Customer (being a Consumer within the meaning of Article 22 of the Civil Code), if the Product has a physical or legal defect (warranty).
6.2. If the Product has a defect, the Consumer may submit a warranty claim to the Store and request one of the following actions: replacement of the product with a new one, repair of the Goods, reduction of the price or withdrawal from the contract if the defect is significant.
6.3. Complaints arising from violation of Customer rights guaranteed by law or under these Regulations should be directed to firstname.lastname@example.org or by mail to the Seller's address: ul. Lipowa 14, 63-645 Łęka Opatowska. The Seller undertakes to examine each complaint within 14 days, and if it was not possible, to inform the Customer during this period, when the complaint will be considered.
6.4. In the case of the Customer being a Consumer, the complaint costs shall be borne by the Seller, in particular the cost of delivering the advertised Goods to the Seller and sending it back to the Customer by the Seller.
6.5. The Seller is not the producer of all offered Goods. Mostly sold Goods are covered by the manufacturer's warranty and he is responsible for the warranty of the Goods sold on terms and for the period indicated in the warranty card.
6.6. In the event of a manufacturing defect in the Goods, a complaint form should be sent to the e-mail address of the Store: email@example.com. If the guarantee document provides for such a possibility, the Customer may submit his claims directly to the authorized service of the manufacturer.
6.7. The product is not subject to complaint and exchange due to inadequate selection of wood colors, color of the fabric, discoloration of the board and misapplication of furniture space. The producers of the Goods are also not responsible for this.
7. RIGHT TO WITHDRAW FROM THE SALES AGREEMENT
7.1. A Customer who is a Consumer who concluded a Distance Selling Agreement may, within 14 days, withdraw from it without giving a reason. For this purpose, you must send an appropriate statement in writing within 14 days to the address of the Seller, which was given in these Regulations and the Contact tab.
7.2. The statement may also be submitted in electronic form, by sending an e-mail to the address of the Store. The customer who will use this form will be sent an e-mail confirmation of receipt by the Shop of the withdrawal from the contract.
7.3. The 14-day period is counted from the date on which the Goods were delivered or the delivery of Goods ceased.
7.4. In the event of withdrawal from the Contract of Sale, it is considered void. What the parties have rendered is returned unchanged, unless a change was necessary within the limits of ordinary management. Return of the Goods should take place immediately, not later than within 14 days. The purchased goods should be returned to the following address: MP STUDIO, Lipowa 14, 63-645 Łęka Opatowska.
7.5. If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
7.6. The Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods up to the cheapest option available in the offer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery of proof of the Goods return, depending on which event occurs first.
7.7. The product returned by the customer should be packed in an appropriate manner, ensuring no damage to the shipment during transport. The direct cost of packaging and sending back the returned Goods shall be borne by the Customer.
7.8. The right to withdraw from the Purchase Agreement by the Consumer is excluded in the case of:
a) commence - with the consumer's consent - to provide services by the Store, before the deadline of 14 days from the conclusion of the contract,
b) contracts for services for which the price or remuneration depends solely on the price movement in the financial market,
c) goods with properties specified by the Consumer in the Order placed by him or closely related to his person (in particular, Goods prepared for the Customer's individual order, dimensions, pattern, type of fabric and wood color specified by him),
d) benefits which due to their nature can not be returned or whose subject is quickly corrupted.
7.9. The Customer is responsible to the Store for reducing the value of the Good in connection with using it in an inappropriate manner. The store may charge the customer with additional costs if such abuse is found.
8. COMPLAINTS IN THE SCOPE OF PROVIDING SERVICES BY ELECTRONIC MEANS
8.1. The Seller takes actions to ensure that the Store operates properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by the Customers within a reasonable time.
8.2. The Customer is obliged to immediately notify the Seller about any irregularities or interruptions in the functioning of the Online Store website.
8.3. Irregularities related to the functioning of the Store, the Customer may submit in writing to the address: MP STUDIO, Lipowa 14, 63-645 Łęka Opatowska, by e-mail to the address firstname.lastname@example.org or by using the contact form.
8.4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
8.5. The Seller undertakes to review each complaint within 14 days, and if it is not possible, to inform the Customer in this period when the complaint will be considered.
9. FREE PAYMENT SERVICES
9.1. The seller provides 7 days a week, 24 hours a day to clients, by electronic means free of charge:
a) Contact form,
c) Running a Customer Account,
d) Posting of opinions.
9.2. The Seller reserves the right to choose and change the type, form, time and manner of granting access to selected services listed, about which he will inform the Customers in a manner appropriate to the change in the Regulations.
9.3. The Contact Form service consists in sending a message to the Seller via the form placed on the Shop Website.
9.4. The Newsletter service is available to every customer who enters his e-mail address using a form provided by the Seller on the Store's website. After sending the completed form, the Customer will receive, without delay, by e-mail to the e-mail address provided in the form sent confirmation by the Seller. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
9.5. Newsletter service consists in sending by the Seller an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Clients who have subscribed.
9.6 The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data provided during Registration as well as tracking the order status and order history already completed.
9.7. The Opinion Service consists in enabling the Seller, Customers having a Customer Account, to publish individual and subjective Customer statements on the Store's website regarding the Goods and the quality of service.
9.8. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller. Resignation of the service Posting opinions is possible at any time and consists in ceasing to post content on the Store's website. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service. In turn, the Customer who has registered may submit a request to delete the Customer Account. The service is carried out up to 14 days from the date of notification.
9.9. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller, i.e. to carry out the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting untrue or misleading content, as well as in the case of actions by the customer to the detriment of other customers, breach of the law or provisions of the Regulations by the customer, and when blocking access to the Customer Account and free services is justified by security reasons - in in particular: the Customer's breaching the security of the Store's website or other hacker activities. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
10. PROTECTION OF PERSONAL DATA
11. FINAL PROVISIONS
11.1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
11.2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website.
11.3. In the event of a dispute arising out of the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
11.4. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer.
11.5. Agreements with the Seller are concluded in Polish.
11.6. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the GDPR and other relevant provisions of the Polish law shall apply.