Terms of Sale

§1. GENERAL PROVISIONS

  1. The online store available at www.magnificklif.pl is run by the company: Szymon Ciechanowski A.S.Company, Nadmorski Dwór 3b / 12, 80-506 Gdańsk, e-mail: shop@magnificklif.pl, NIP: 5842270978, REGON: 220997106.
  2. Definitions:
    • Online Store - the Seller's online store available at: www.magnificklif.pl,
    • Stationary store - one of the Seller's stores listed on the store's website: http://www.magnificklif.pl/kontakt
    • Regulations - these regulations of the Online Store,
    • Seller - Szymon Ciechanowski A.S.Company, Nadmorski Dwór 3b / 12, 80-506 Gdańsk, e-mail: shop@magnificklif.pl, NIP: 5842270978, REGON: 220997106.
    • Buyer - a natural person, a natural person running a business, a legal person or an organizational unit without legal personality, who uses the services provided electronically by the Seller,
    • Registration form - a form available in the Online Store that allows you to create an Account,
    • Account - marked with an individual name (login) and password provided by the Buyer, a collection of resources in the Seller's ICT system, in which the Buyer's data is collected, including information about placed Orders,
    • Order form - a form available in the Online Store that allows you to place an Order,
    • Order - Buyer's declaration of will, constituting an offer to conclude a Product sales contract with the Seller,
    • Product - a movable item available in the Online Store, which is the subject of a sales contract between the Buyer and the Seller,
    • Proof of purchase - a fiscal receipt or a VAT invoice,
    • i) Sales contract - a contract for the sale of a Product within the meaning of the Civil Code (Journal of Laws 1964 No. 16, item 93, as amended), concluded via the Online Store in Polish,
    • Annex 1 - a document attached to the Regulations enabling the withdrawal from the contract, referred to in §8
  3. Filling out the Registration Form and creating an Account is tantamount to reading the Buyer with the content of the Regulations and its acceptance. The contract for keeping an Account in the Online Store is concluded for an indefinite period and does not entail any financial obligations for the Buyer. The contract may be terminated at any time by deleting the Account in the Online Store or sending information about the Buyer's resignation to the Seller's e-mail address: shop@magnificklif.pl.
  4. The photos and other forms of visualization and presentation of clothing and accessories presented on the store's website do not reflect its actual size - they are only informative.
  5. Announcements, Seller's advertisements, price lists and other information about the Products, provided on the websites of the Online Store, in particular their descriptions, performance parameters and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
  6. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended), he is entitled to under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.

§2. CONDITIONS FOR PLACING AN ORDER

  1. The Buyer is obliged to use the Online Store in a manner consistent with applicable law, principles of social coexistence and morality, bearing in mind the respect for personal rights and intellectual property rights of third parties.
  2. The online store sells in the territory of the Republic of Poland.
  3. Orders can be placed 7 days a week, 24 hours a day. This provision does not apply to Orders placed by phone.
  4. The Buyer may choose one of the following methods of placing an Order:
    • placing an Order by completing the Order Form on the website of the Online Store,
    • placing an Order by e-mail - e-mail: shop@magnificklif.pl,
    • placing an Order by phone: 881-353-635
  5. Orders referred to in point 4 of this section, placed on weekdays, on Saturdays and Sundays after 9 p.m. and public holidays, will be processed on the next business day.
  6. Confirmation of the submission and acceptance of the Order for execution will be sent to the Buyer by the Seller in the form of an e-mail.
  7. The sales contract is treated as concluded upon receipt by the Buyer of the e-mail referred to in point 6 of this paragraph.
  8. Orders submitted for execution may be canceled until the goods are shipped. This provision applies only to Buyers who are natural persons. In the case of other Buyers, Orders cannot be canceled.
  9. The average order fulfillment time (from submission to shipment to the Buyer) is: 3 days.
  10. In the absence of the ordered Products in the warehouse, the Buyer is informed about this fact and the related extension of the Order completion time immediately, at the latest within 48 hours.
  11. In the situation referred to in the above point, the Buyer may agree to extend the duration of the Order (up to 14 days) or cancel the ordered Product or the entire Order.

§3. PAYMENT

  1. The prices given in the Online Store are expressed in Polish zlotys and are gross prices, they include all components, including VAT and customs duties. The prices, however, do not include any possible delivery costs, which are indicated when placing the Order.
  2. Each Order is accompanied by a Proof of Purchase.
  3. The Buyer who is not a natural person, in order to perform the Order, declares that he is a VAT payer and authorizes the Seller to issue a Proof of Purchase without the recipient's signature.
  4. The choice of payment is made by the Buyer when placing the Order. The buyer may choose one of the possible payment methods:
    • cash on delivery
    • payment by bank transfer to the Seller's account
    • cash payment (upon receipt of goods)
    • online payment via payment systems: Przelewy24
    • payment by credit / debit card
  5. The choice of payment is made by the Buyer when placing the Order.
  6. Products are shipped within 4 business days from the moment 100% of the funds are credited to the Seller's account (excluding cash on delivery).
  7. The Seller reserves the right to change the prices of the Products. Orders placed before the entry into force of the changes referred to in the above point will be implemented on the terms applicable at the time of their submission.
  8. If the Buyer fails to make the payment within 7 days from the date of confirmation of the Order, the Seller has the right to cancel the Order, informing the Buyer about it by e-mail or telephone.

§4. DELIVERY

  1. The Buyer may choose the following methods of receiving the ordered Products:
    • delivery of the Products to the buyer's address provided when placing the Order by the GLS courier company,
    • pickup in person at the indicated stationary store
  2. The choice of the method of delivery is made by the Buyer when placing the Order.
  3. Shipping costs are calculated in accordance with the current price lists and depend on the weight and size of the shipment. The buyer is informed about the shipping costs when submitting the Order.
  4. The delivery costs are borne by the Buyer.
  5. The Seller undertakes to provide the Buyer with Products free from defects.
  6. The Buyer undertakes to collect the Product shipped.

§5. COMPLAINT

  1. In the event that the Product is defective, the Buyer is obliged to inform the Seller about it within one month from the date of finding the Product non-compliant with the Sales Agreement.
  2. The complaint should contain a description of the Product defect, the date of its creation and the Buyer's request.
  3. The advertised Product must be accompanied by a proof of purchase or a copy of it.
  4. The Buyer is obliged to return the advertised Product at his own expense to the Seller's address. If the complaint is accepted, shipping costs are reimbursed.
  5. Slight differences resulting from the individual settings of the Buyer's computer cannot be the basis for a complaint about the purchased Product.
  6. If it is found that the Product is defective, the Customer is obliged to inform the Seller about it within 2 months from the date of finding the Product non-compliant with the contract.
  7. The Seller undertakes to respond to the complaint submitted by the Customer within 14 days. No response from the Seller after the deadline indicated in the previous sentence results in the complaint being considered justified.
  8. Products purchased in the online store can also be advertised in all Magnific stores in Poland.

§6. WITHDRAWAL FROM THE CONTRACT

  1. The buyer who is a consumer within the meaning of Art. 221 of the Civil Code (Journal of Laws No. 16, item 93, as amended) d.), has the right to withdraw from a distance contract, without giving any reason, within 14 days from the date of receipt of the Product.
  2. The Buyer is not entitled to the above right in the following cases:
    • provision of services, if the Seller has fully provided the service with the express consent of the Buyer, who was informed prior to the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract,
    • contracts for benefits for which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the contract,
    • contracts the subject of which is a non-prefabricated item, manufactured according to the Buyer's specifications or serving to satisfy his individual needs,
    • contracts the subject of which is an item that deteriorates quickly or has a short shelf-life,
    • contracts where the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened by the Buyer after delivery,
    • special contracts, the subject of which are things that after delivery, due to their nature, are inseparably connected with other things,
    • contracts the subject of which are alcoholic beverages for which the price was agreed upon conclusion of the Sales Agreement and the delivery may take place only after 30 days, and their value depends on fluctuations in the market over which the Seller has no control,
    • contracts in which the Buyer has expressly requested the Seller to come to him for urgent repair or maintenance. If the Seller provides additional services other than those requested by the Buyer, or provides items other than spare parts necessary for repair or maintenance - the Buyer has the right to withdraw from the contract with regard to additional services or items,
    • contracts the subject of which are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened by the Buyer after delivery,
    • delivering newspapers, periodicals or magazines, with the exception of subscription contracts,
    • contracts concluded by public auction
    • contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the concluded contract indicates the day or period of service provision,
    • contracts for the supply of digital content, not recorded on a tangible medium, if the performance began with the express consent of the Buyer before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
  3. For the effective withdrawal from the contract referred to in point 1 of this paragraph, it is sufficient for the Buyer to submit a written statement by e-mail or postal within the statutory 14-day period from the moment of receiving the parcel. The template of the declaration is included in Appendix No. 1.
  4. The Buyer, withdrawing from the contract, is obliged to return the Product unchanged along with the Proof of Purchase or its copy within 14 days from the date of withdrawal.
  5. The shipping costs of the returned Product are borne by the Buyer.
  6. The Buyer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  7. The Seller guarantees the return of the Product price and the cost of shipping the Product to the Buyer immediately, no later than within 14 days.
  8. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of return, which does not involve any costs for him.
  9. If the Buyer has chosen a delivery method other than the cheapest standard method offered by the Seller, the Seller is not obliged to reimburse the Buyer for any additional costs incurred by him.
  10. Returns of Products sent at the expense of the Seller or cash on delivery will not be accepted.
  11. In the case of Buyers who are not consumers within the meaning of Art. 221 of the Civil Code (Journal of Laws No. 16, item 93, as amended) d.) i.e. persons who perform legal actions directly related to their business or professional activity, withdrawal from the contract in the above-mentioned scope is completely excluded - please take prudent and thoughtful purchases.

§7. Copyright protection

  1. All photos of the products posted on the website and the texts assigned to them are the property of the Seller.
  2. It is forbidden to copy photos and other graphic materials, reprint texts posted on the website and make them available on the Internet.
  3. It is also forbidden to external entities to download photos from the magnificklif.pl website and use them for marketing and commercial purposes.

§8. PERSONAL DATA PROTECTION

  1. The Buyer, by completing the Registration Form and creating an Account, is asked to consent to the processing of personal data by the Seller, in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws 1997 No. 133, item 883).
  2. Personal data is processed by the Seller only for the proper provision of services.
  3. The Buyer's personal data will not be disclosed to other persons or institutions for marketing purposes without obtaining their express consent.
  4. The Buyer has the option of accessing his personal data for the purpose of verification, modification or removal from the Seller's database.
  5. Detailed information on the protection of the Buyer's personal data can be found in the Privacy Policy of the online store www.magnificklif.pl.

§9. FINAL PROVISIONS

  1. The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.
  2. It is forbidden to redistribute the ordered products to third parties without the written consent of the Seller.
  3. The Seller reserves the right to amend the Regulations. The changes are effective as of their announcement on the website of the Online Store.
  4. Orders placed before the entry into force of the changes referred to in the above point, will be implemented on the terms in force at the time of their submission.
  5. Returns of Products sent at the expense of the Seller or cash on delivery will not be accepted.
  6. Any disputes between the Parties will be settled amicably or in the presence of an independent and impartial mediator. However, if it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined in accordance with the provisions generally applicable in the Republic of Poland.
  7. In matters not covered by these Regulations, the relevant provisions of Polish law will apply, in particular the Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827.) and other appropriate.
  8. The Regulations are valid from 05/12/2014.