Rules

Rules and Regulations of Murka Cosmetics Sp. z o.o. online store

§ 1

Murka Cosmetics Sp. z o.o. online store, available at www: [….], is operated by Murka Cosmetics Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, registered in the National Court Register by the District Court for the Capital City of Warsaw, XIII Economic Division of the National Court Register under the KRS number 0000752113, with a share capital of PLN 10,000 (in words: ten thousand Polish Zlotys), Tax Identification Number (NIP) 5213842547, under REGON number 381560844.

§ 2
Definitions

1. Consumer – a natural person concluding a contract with the Seller within the framework of the Store, the subject of which is not directly related to its business or its professional activity.
2. Seller – Murka Cosmetics Sp. z o.o. with its registered office in Warsaw, at Lwowska 3/7 St., postal code 00-660, registered in the National Court Register by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under the KRS number 0000752113, with a share capital of 10,000 PLN (in words: ten thousand Polish Zlotys), Tax Identification Number (NIP) 5213842547, REGON number 381560844.
3. Customer – 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, performing a business on its own behalf, which makes use of the Store.
5. Store – an online store operated by the Seller at www: […].
6. Price – the amount of gross remuneration (including VAT tax) payable to the Seller for transferring the ownership of the Product to the Customer in accordance with the Sales Agreement, specified in Polish Zlotys and Euro currency. The price does not include delivery costs, unless the terms of the promotion applied by the Store state otherwise.
7. Business Day – one day from Monday to Friday excluding public holidays.
8. Distance contract – a contract concluded with a Customer within an organized system of concluding contracts at a distance (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 contract.
9. Rules and Regulations – these Rules and Regulations of the Store.
10. Order – the Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Contract or a Product Sales Contract with the Seller.
11. Account – Customer’s account in the Store, where personal data provided by the Customer and information about Orders placed by him/her in the Store are collected.
12.Registration form – a form available in the Store that allows you to create an Account.
13. Order Form – an interactive form available in the Store that allows the Customer to place an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
14. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the details of the Order, in particular the quantity of products.
15. Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
17. Opinion – an opinion about a Product available in the Online Store, which may be placed next to a given Product by a User with an Account who has purchased the Product in the Online Store.
18. Product – a Murka Cosmetics Sp. z o.o. branded movable item (movability) available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
19. Sales Agreement – a contract of sale in the meaning of the Civil Code, concluded between the Buyer and the Seller through the Store, concerning the Seller’s sale of the Product to the Customer for payment of the Price plus any additional charges, including shipping costs, the terms of which are defined in particular by these Rules and Regulations. The Sales Agreement is concluded between the Customer and the Seller with the use of means of remote communication, after acceptance of the Order by the Seller under the terms of these Rules and Regulations. The Sales Agreement specifies, in particular, the Product, its main features, Price, shipping costs and other relevant terms and conditions. Making a reservation does not constitute the conclusion of the Sales Agree ment or an obligation to conclude it.

§ 3

1. Seller’s address: ul. Lwowska 3/7, Warsaw, 00-660.
2. Seller’s e-mail address: hello@murkacosmetics.com
3. Seller’s bank account number (in Polish currency, PLN): PL 91 1140 2004 0000 3002 8361 3145
4. Seller’s bank account number (in EUR): PL 97 1140 2004 0000 3312 1995 1562
5. The Customer may communicate with the Seller using the addresses and means of communication listed above.

§ 4

In order to use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a. a terminal device with access to the Internet and an Internet browser;
b. an active electronic mail (e-mail) account,
c. cookies enabled.

§ 5

1. To the fullest extent permitted by law, the Seller shall not be liable for interference: including interruptions in the operation of the Store caused by force majeure (vis maior), unauthorized actions of third parties or incompatibility of the Store with the technical infrastructure of the Customer.
2. Browsing the Store’s assortment does not entail obligatory creation of 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 Rules and Regulations or by providing the necessary personal and contact information to enable the execution of the Order without creating an Account.
3. The prices given in the Store are given in Polish zlotys and euros and are gross prices (including value added tax).
4. The final (final) amount to be paid by the Customer consists of the Price for the Product and the cost of delivery (including charges for transportation, delivery and postal services), of which the Customer is informed on the Store’s website at the time of placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
5. When the nature of the subject matter of the Contract does not allow, reasonably judging, to calculate in advance the amount of the final (definitive) Price, the information on how the Price will be calculated, as well as on transportation, delivery, postal service fees and other costs, will be provided in the Store in the Product description.

§ 6

1. In order to create an Account in the Store, it is necessary to fill in the Registration Form. It is necessary to provide the following data: name and surname/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact phone number. In the case of Users who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2. Creating an Account in the Store is free of charge and voluntary. The Account service is provided free of charge, for an indefinite period of time. The user has the possibility, at any time and without giving any reason, to resign from the Account service (deletion of the Account) by sending an appropriate request to the Seller, in particular via e-mail to:
[….]
3. Logging into the Account takes place by providing the login and password established in the Registration Form.
4. The Customer has the right to delete the Account at any time, without giving any reason and without incurring any fees or legal consequences for doing so, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in § 3 of the Rules and Regulations.

§ 7

In order to place an Order one should:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to cart” button (or the equivalent button);
3. log in or use the option of placing an Order without registration (optional);
4. if the option to place an Order without registration has been selected – fill out the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
5. click the “Order and pay” button (or an equivalent button) and confirm the Order by clicking on the link sent in the e-mail,
6. select one of the available payment methods and, depending on the payment method, pay for the Order within the specified period, subject to § 8.3 of the Rules and Regulations.

§ 8

1. For the ordered Product, the Store forsees the following delivery services provided by the following companies:
a. Shipping within Poland for parcels: companies FEDEX, DPD, InPost, Orlen Paczka, Am bro Express (for non-standard shipments);
b. Shipping within Poland for pallets: companies Geis and Raben;
c. International shipping: companies FEDEX and DHL EXPRESS.
2. The Customer may use the following payment methods supported by Tpay:
a. Electronic payments (payment options: BLIK, card payment, fast online transfer).
3. Detailed information on delivery methods and acceptable payment methods can be found on the subpages of the Store.

§ 9

1. Conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Store and in accordance with § 7 of the Rules and Regulations.
2. The conclusion of a Sales Agreement is made by the Customer adding at least one Product to the Shopping Cart.
3. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending the Client a relevant e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
4. If the Customer chooses:
a. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of conclusion of the Sales Agreement – otherwise the order will be cancelled.
4. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. In case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
6. In case of ordering Products with different delivery dates, the Customer has the option ofrequesting delivery of the Products in parts or delivery of all the Products after the entire order has been completed.
7. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
8. Delivery of the Product takes place on the territory of Poland and the European Union.
9. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the “Delivery Costs” tab and during Order placement, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

§ 10

1. A User who has an Account may post Opinions about the purchased Product.
2. The opinion may concern only the Product purchased by the User;
3. Only descriptive (verbal) opinions are allowed. In particular, the opinion cannot contain images, links, etc.
4. An Opinion cannot be longer than 1000 characters (including spaces).
5. The opinion must contain subjective impressions of the use of a given Product and an evaluation of such Product.
6. The opinion must be authored by the User who purchased the Product in question from the Online Store;
7. A User may post more than one Opinion regarding one Product.
8. The Opinion, once added by the User, will be subject to verification for meeting the criteria specified in the Regulations. If the verification is positive, the Opinion will be published in the Online Store on the Product Card to which the Opinion pertains.
9. If the Opinion contains content contrary to the Terms and Conditions, such Opinion will not be published.
10. Once an Opinion has been accepted by the Seller and published on the product card, the User will not be able to modify such Opinion.
11. It is prohibited to include in Opinions:
• content prohibited by the Rules and Regulations,
• illegal content (e.g., content that constitutes a copy of another user’s Opinion) that violates applicable law or infringes on the rights of any third party,
• content that constitutes an act of unfair competition, as defined in Article 3 of the Act on Combating Unfair Competition of April 16, 1993,
• content violating good morals or rules of social coexistence,
• content violating intellectual property rights, including copyrights,
• vulgar and offensive content, as well as misleading content,
• advertising content,
• personal or contact information,
• references (links) to other content from the Internet,
• containing content harmful to the Seller (e.g. virus, etc.),
• by paid users, in order to artificially increase the rating of the Product.
12. Opinions containing content indicated in the paragraph above or for other reasons contrary to the Rules and Regulations will not be published and may be removed.
13. Opinions posted by Users are subject to constant monitoring and verification by the Seller.

§ 11

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving anyreason.
2. The course of the period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person other than a carrier indicated by the Consumer.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.
5. The statement may be sent by traditional mail, or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3 of the Rules and Regulations. The statement can also be submitted on the form, the model of which is attached to the Act of May 30, 2014 on Consumer Rights, but this is not mandatory.
6. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Contract.
7. Effects of withdrawal from the Agreement:
a. In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
b. In the event of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the least expensive ordinary method of delivery offered by the Seller.
c. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
e. The Consumer should send back the Product to the Seller’s address given in these Rules and Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period
f. 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 mail in the usual manner.
8. If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
9. The right of withdrawal from a contract concluded at a distance does not apply to the Consumer in relation to the Contract in which the subject of performance is an item supplied in a sealed package, which after opening the package can not be returned for health or hygienic reasons, if the package has been opened after delivery.

§ 12

Complaint and warranty
1. The Sale Contract covers Products which rare exclusively new (cosmetic products).
2. In case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
3. Complaint should be reported in writing or electronically to the Seller’s addresses given in these Rules and Regulations/Complaint should be reported in writing or electronically to the Seller’s addresses given in these Rules and Regulations or using an electronic complaint form, made available by the Seller on one of the Store’s subpages.
4. The Seller will respond to the complaint request immediately, and if the Customer is a Consumer – no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Cutomer’s request was considered justified.
5. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of the Rules and Regulations.

§ 13

1. Detailed information on the Consumer’s ability to use out-of-court methods of handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses 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 out-of-court ways of handling complaints and claims:
a. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the Provincial Inspector of Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c. A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§ 14

1. The administrator of the Customers’ personal data collected via the Online Store is the Seller.
2. Customers’ personal data collected by the administrator through the Online Store are collected for the purpose of Sales Agreement execution, and if the Customer agrees – also for marketing purposes.
3. Recipients of personal data of Customers of the Online Store may be:
a. In the case of a Customer who uses in the Online Store a method of delivery by mail or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
b. In the case of a Customer who uses electronic or credit card payment method in the Online Store, the Administrator shall make available the collected personal data of the Customer to a selected entity handling the above payments in the Online Store.
4. The customer has the right to access the content of his data and correct them at any time.
5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.

§ 15

1. Contracts concluded through the Online Store are concluded in Polish and English.
2. The Seller reserves the right to make changes to the Rules and Regulations for important reasons, that is: changes in laws, changes in methods of payment and delivery – to the extent that these changes affect the implementation of the provisions of these Rules and Regulations. The Seller will inform the Customer about each change at least 7 (in words: seven) days in advance.
3. Matters not regulated by these Rules and Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Law on Provision of Electronic Services; Law on Consumer Rights, Law on Personal Data Protection.
4. The customer has the right to use out-of-court means of processing complaints and claims. For this purpose, he may file a complaint through the European Union online platform – “ODR” available at: http://ec.europa.eu/consumers/odr/.