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Regulations

Regulations of the Mental Shop online store

specifying, inter alia, the rules of concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer

TABLE OF CONTENTS 

§ 1 General provisions 

§ 2  Definitions 

§ 3  Contact with the Seller

§ 4  Technical requirements § 5  Shopping in the Store 

§ 6  Payments 

§ 7  Order fulfillment

§ 8  Right to withdraw from the contract 

§ 9  Exceptions to the right to withdraw from the contract 

§ 10  Complaints

§ 11  Data personal 

§ 12  Reservations 

§ 13  Provisions regarding Buyers who are not Consumers
 











Appendix 1: Model withdrawal form

§ 1 GENERAL PROVISIONS 

These Regulations define the rules for using the online store https://mentalshop.pl .

§ 2 DEFINITIONS

Working days - days from Monday to Friday with the exception of public holidays.
Account - a free Store function regulated by separate regulations (a service provided electronically), thanks to which the Buyer can set up an individual account in the Store.
Consumer - a consumer within the meaning of the Civil Code.
Buyer - any entity buying in the Store.
Regulations - these regulations.
Store - the Mental Shop online store run by the Seller at https://mentalshop.pl .
Seller - Marcin Wojtas, unregistered activity. Wroclaw.

§ 3 CONTACT WITH THE SELLER

  1. Postal address: Wrocław
  2. E-mail address: mblindpl@gmail.com
  3. Phone: 530067168
  4. Address for returning the goods (in the event of withdrawal from the contract): Mental Shop, ul. Lubuska 64/2, 53-514 Wrocław
  5. Address for sending the advertised goods: ul. Lubuska 64/2, 53-514 Wrocław

§ 4 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • a device with Internet access
    • a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 5 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are the total prices for the goods.
  2. The Seller points out that the total price of the order consists of the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.
  5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
  6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller and the acceptance of the Store's Regulations.
  7. The Seller will provide the Consumer with a confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
  8. The Buyer may register in the Store, i.e. set up an Account in it, or make purchases without registration by providing his data with each possible order.

§ 6 PAYMENTS

  1. You can pay for the order placed, depending on the Buyer's choice: via the payment platform:
      • Shoper payments
  2. If you choose to pay via the Shoper Payments payment platform, Blue Media SA is the entity providing online payment services
  3. If the Buyer selects payment in advance, the order must be paid within 3 Business Days of placing the order. After this deadline is exceeded, the sales contract will be terminated due to the fault of the Buyer. 
  4. The seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.

§ 7 ORDER COMPLETION

  1. The seller is obliged to deliver the goods without defects.
  2. The order completion date is indicated in the Store.
  3. In the event that the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after receiving the payment by the Buyer. The order is shipped within 1 - 6 business days from the date the payment is credited.
  4. The Seller reserves the right not to combine several orders and to cancel orders at the Customer's request that have the status not shipped. 
  5. The goods are delivered only on the territory of the Republic of Poland.
  6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer: 
    1. Via the Polish Post
  7. It is not possible to pick up a personal order.
  8. The buyer is obliged to check the parcel in the presence of the courier. If a shipment is damaged, it is necessary to draw up a transport damage protocol and immediately notify the Seller of this fact by sending an e-mail. Lack of a damage report with the courier will prevent the initiation of the complaint procedure, and thus the return of the goods.

§ 8 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 10 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from the day:
    1. in which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods;
    2. on which the Consumer acquires, or a third party, other than the carrier and indicated by the Consumer, acquires the last of the goods in the case of a contract obliging to transfer ownership of many things that are delivered separately;
    3. conclusion of the contract - in the case of a contract for the supply of digital content.
  3. In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller by e-mail.
  4. All returns should be submitted by sending the completed withdrawal form at the end of the Regulations along with the returned product.
  5. The returned goods should be secured, packed and returned intact to the address of the shop at the Buyer's expense.
  6. The returned goods cannot have traces of use, wear, smells.
  7. The cost of the returned goods is borne by the Buyer. 
  8. The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the product return and the return form on withdrawal from the contract, return to the customer the payments made by him for the returned goods. 
  9. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.
  10. The seller asks you to return the goods to the following address: ul. Lubuska 64/2, 53-514 Wrocław immediately, in accordance with the statutory deadlines. 
  11. The consumer is only liable for a decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.

§ 9 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
    2. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
    3. in which 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 packaging has been opened after delivery;
    4. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
    5. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
    6. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
    8. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

§ 10 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
    1. submit a price reduction statement,
    2. in the case of a significant defect - submit a statement of withdrawal from the contract,
    3. demand replacement of the item with one free from defects,
    4. demand that the defect be removed.
  3. The seller asks you to submit a complaint based on the warranty to the postal or electronic address indicated in § 3 of the Regulations.
  4. If it turns out that in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's expense, to the address ul. Lubuska 64/2, 53-514 Wrocław.
  5. If an additional guarantee has been granted for the product, information about it, as well as about its conditions, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 3 of the Regulations.
  7. The seller will respond to the complaint as soon as possible, no later than 14 working days from the date of its delivery. The basis for initiating the complaint or return procedure is a correctly completed complaint or return form available on the website. Sending a different or incorrectly completed form may delay the consideration of the complaint.

§ 11 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - " GDPR ".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for the processing of personal data in this case is:
    • a sales contract or actions taken at the Buyer's request to conclude it (Article 6 (1) (b) of the GDPR)
    • the legal obligation on the Seller related to accounting (Article 6 (1) (c) and
    • the legitimate interest of the Seller, consisting in the processing of data to establish, assert or defend any claims (Article 6 (1) (f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide the data will prevent the conclusion of a sales contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the sales contract concluded between the Buyer and the Seller will cease to apply;
    2. the Seller will no longer be bound by the legal obligation to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store will cease;
    4. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
    - depending on what is applicable in a given case and what will happen at the latest.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. rectifying them,
    3. delete,
    4. processing restrictions,
    5. transfer data to another administrator
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
  6. In order to exercise his rights, the Buyer should contact the Seller using the data from § 3 of the Regulations.
  7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 12 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.
  3. Agreements concluded on the basis of the Regulations are concluded in Polish.
  4. None of the provisions of the Regulations excludes or in any way limits the consumer's rights under the law.
  5. Provisions regarding goods and sales contracts apply accordingly to digital content and contracts for the supply of digital content, unless the Regulations specify these issues separately.

§ 13 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

  1. The right to withdraw from a distance contract is not available to an entity other than the Consumer.
  2. Any liability of the Seller towards the Buyer who is not a Consumer, within the limits permitted by law, is excluded.
  3. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.



Annex 1 to the Regulations

Below is a model withdrawal form:



SAMPLE FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)

 

Marcin Wojtas, unregistered activity Place, date .......................................... ..
Wrocław
e-mail address: mblindpl@gmail.com

 

- I / We (*) ........................................... .......................... hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) / for the provision of the following services (*) / for the supply of digital content in the form of (*):

  • .................................................. .................................................. .................................................. .................................................. ............................

  • .................................................. .................................................. .................................................. .................................................. ............................

  • .................................................. .................................................. .................................................. .................................................. ............................

- The date of conclusion of the contract:

.................................................. .................................................. ......................

- Order number: 

.................................................. .................................................. ......................

- Bank account number to which the refund is to be made:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

- Name and surname of the Buyer / Consumer (s):

.................................................. .................................................. ..........................

- Buyer's / Consumer (s) address:

.................................................. .................................................. ......................................

............ .................................................. .................................................. .................................................. ......

- Telephone number of the Buyer / Consumer (s):

.................................................. .................................................. ..........................

 

 

.................................................. ...........................................
Signature of the Buyer / Consumer                           

(*) Delete as appropriate.

Account regulations

in the Mental Shop

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Consumer - a consumer within the meaning of the Civil Code.
Account - the free Store function (service) regulated in these regulations, thanks to which the Buyer may set up his individual account in the Store.
Buyer - any entity that buys in the Store.
Store - Mental Shop online store run by the Seller at https://mentalshop.pl
Seller - Marcin Wojtas, unregistered activity. Wroclaw.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Wrocław
  2. E-mail address: mblindpl@gmail.com
  3. Phone: 530067168

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and creation of an Account, you need:
    • an active e-mail account
    • a device with Internet access
    • a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.
  3. In order to create an Account, you must complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms specified in these regulations.
  5. The buyer may cancel the account at any time without incurring any costs.
  6. In order to cancel the Account, please send your resignation to the Seller at the following e-mail address: mblindpl@gmail.com, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address mblindpl@gmail.com.
  2. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
  3. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
    1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595 ;
    2. assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596 ;
    3. free help from the municipal or poviat Consumer Ombudsman;
    4. ODR internet platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks .

§ 6 PERSONAL DATA

  1. The administrator of the personal data provided by the Buyer when using the Account is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients, can be found in the Privacy Policy available in the Store - due to the principle of transparency, contained in the general regulation of the European Parliament and of the Council (EU ) on data protection - " GDPR ".
  2. The purpose of processing the Buyer's data is to maintain an Account. The basis for the processing of personal data in this case is a contract for the provision of a service or actions taken at the request of the Buyer, aimed at its conclusion (Article 6 (1) (b) of the GDPR), as well as the Seller's legitimate interest in processing data in order to establish , pursuing or defending any claims (Article 6 (1) (f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary for keeping the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.
  4. The Buyer's data will be processed until:
    1. The account will be deleted by the Buyer or the Seller at the Buyer's request
    2. the possibility of pursuing claims by the Buyer or the Seller related to the Account will cease;
    3. the Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller
    - depending on what is applicable in a given case and what will happen at the latest.
  5. The buyer has the right to demand:
    1. access to your personal data,
    2. rectifying them,
    3. delete,
    4. processing restrictions,
    5. transfer data to another administrator
      as well as the right to:
    6. object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on art. 6 sec. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the administrator).
  6. In order to exercise its rights, the Buyer should contact the Seller.
  7. If the Buyer considers that his data is being processed unlawfully, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 7 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. The Account maintenance agreement is concluded in Polish.
  3. In the event of important reasons, referred to in paragraph. 4, the Seller has the right to amend these Account Regulations.
  4. Important reasons, referred to in paragraph. 3 are:
    1. the need to adapt the Store to the legal provisions applicable to the Store's operations
    2. improving the security of the service provided
    3. changing the functionality of the Account that requires modification of the Account regulations.
  5. The buyer will be informed about the planned change to the Account regulations at least 7 days before the change is implemented via e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address mblindpl@gmail.com, which will result in the termination of the Account maintenance agreement upon the entry into force of the planned change or earlier. if the Buyer makes such a request.
  7. If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to termination of the contract in the future.
  8. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  9. Nothing in these regulations excludes or in any way limits the consumer's rights under the law.
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