Terms and Conditions

§ 1 

General provisions

  1. Meraki online store, available at www.meraki-art.pl, is run by Agnieszka Zacher running a business under the name Meraki Agnieszka Zacher, registered in the Central Register and Information on Business Activity (CEIDG) run by the Minister of Economy, NIP 7543050715, REGON 366882284.
  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and specify the principles of using the Online Store and the rules and procedure for concluding Sales Agreements with the Client at a distance through the Store.

§ 2
Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the framework of the Shop, the object of which is not directly connected with its business or professional activity
  2. Seller – a natural person conducting business activity under the name of Meraki Agnieszka Zacher, entered into the Central Business Activity Register and Information (CEIDG) kept by the Minister of Economy, NIP 7543050715, REGON 366882284
  3. Customer – each entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, to which a separate act grants legal capacity, performing on its own behalf the business activity which uses the Store.
  5. Store – an online store run by the Seller at the meraki-art.pl internet address.
  6. Distance contract – an agreement concluded with the Customer under an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
  7. Regulations – these Regulations of the Store.
  8. Order – a declaration of will of the Customer made by means of the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
  9. Account – the Customer’s account in the Store, the data given by the Customer and information on Orders placed by him/her in the Store are collected there.
  10. Registration form – a form available at the Store which enables the creation of an Account.
  11. Order form – an interactive form available at the Store which enables placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart – an element of the Store’s software, in which the Products selected by the Customer for purchase are visible, as well as there is a possibility of determining and modifying the data of the Order, in particular the quantity of products.
  13. Product – a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement – a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Contract is also understood as – applying to the features of the Product – the contract for the provision of services and the contract for work

§ 3
Contact with the Shop

  1. Seller’s address: Wrzosowa 10E, Opole 45-470, Poland
  2. Seller’s e-mail address: info@meraki-art.pl
  3. Seller’s phone number: +48 603 19 75 85
  4. The Client may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
  5. The Client may communicate with the Seller by phone between 9.00 and 18.00.

§ 4
Technical requirements

The use of the Shop, including browsing the Shop’s assortment and placing orders for Products, is essential:

  1. terminal device with access to the Internet and a web browser
  2. active e-mail account (e-mail),
  3. Cookies are enabled,

§ 5
General information

  1. The Seller, to the widest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorized action of third parties or incompatibility of the Online Shop with the technical infrastructure of the Customer.
  2. Viewing the Shop’s assortment does not require setting up an Account. Placing orders by the Customer for Products in the Store’s range of products is possible either after setting up an Account in accordance with the provisions of the Regulations or by providing the necessary personal and address data to enable execution of the Order without setting up an Account.
  3. The prices given in the Store are in Polish zloty and are gross prices (I issue invoices without VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Store’s website during the process of placing an Order, including the moment of expressing willingness to be bound by the Sales Agreement.
  5. If the nature of the subject matter of the Agreement does not allow, judiciously assessing, for an earlier calculation of the final (final) price, information on the manner in which the price will be calculated, as well as fees for transport, delivery, postal services and other costs, will be given in the Store in the description of the Product

§ 6 

Creating an Account in the Store

  1. In order to create an Account in the Store, you need to fill in the Registration Form. It is necessary to provide the following data: First name, Surname, Address, e-mail, telephone number.
  2. Creating an Account in the Shop is free.
  3. Logging in to the Account is done by providing the login and password established in the Registration Form.
  4. The Customer has the possibility to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

§ 7
Rules for placing an Order

In order to place an Order, you need to:

  1. Log in to the Shop (optional);
  2. Select the Product that is the subject of the Order, and then click the “To Cart” button (or equivalent);
  3. Log in or use the possibility of placing an Order without registration;
  4. If the option of placing an Order without registration has been chosen – fill in the Order Form by entering the data of the recipient of the Order and the address to which delivery of the Product is to take place, choose the type of shipment (method of delivery of the Product), enter the data in the invoice, if different from the data of the recipient of the Order,
  5. Click the “Order and pay” button / click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
  6. Choose one of the available payment methods and, depending on the payment method, pay the order within a specified period, subject to § 8 point 3.

§ 8
Offered delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. Postal delivery, COD
    2. Delivery Inpost
    3. Courier delivery, courier delivery on delivery,
    4. Personal collection available at the address: 17/22 Srebrnogórska Street, Wrocław 50-536
  2. The customer may use the following payment methods:
    1. Payment on delivery
    2. Cash on delivery payment
    3. Payment by bank transfer to the Seller’s account
    4. Electronic payments
    5. Payment by credit card.
    6. Detailed information on delivery methods and accepted payment methods can be found on the Store’s website.

§ 9
Performance of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the prior submission of the Order by the Customer using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place through sending by the Seller to the Client an appropriate e-mail message to the Client’s e-mail address given during the submission of the Order, which contains at least the Seller’s statement on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. At the moment of receiving the above e-mail by the Client, a Sales Agreement is concluded between the Client and the Seller.
  3. In case of selection by the Client:
    1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 3 calendar days from the date of concluding the Sales Agreement – otherwise the order will be cancelled.
    2. payment on delivery on delivery, the Customer is obliged to make payment on delivery of the package.
    3. payment in cash upon personal collection of the parcel, the Client is obliged to make payment upon receipt of the parcel.
  4. If the Client has chosen a method of delivery other than personal collection, the Product will be sent by the Seller within the time limit indicated in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Client when placing the Order.
  5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
  6. The beginning of the term of delivery of the Product to the Client is counted in the following manner:
    1. In case 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.
    2. In case the Client chooses the method of payment on delivery – from the day of concluding the Sales Agreement,
  7. If the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within the period indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the e-mail address of the Customer provided during placing the Order.
  8. Delivery of the Product takes place in Europe and the United States.
  9. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store in the “Shipping and returns” tab and in the course of placing the Order, including the moment of expressing by the Customer the will to be bound by the Sales Agreement.
  10. Personal collection of the Product by the Customer is free of charge.

§ 10
Right of withdrawal

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in subparagraph 1 starts from the delivery of the Product to the Consumer or a person indicated by him/her other than the carrier.
  3. In case of a Contract which includes many Products which are delivered separately, in batches or parts, the period indicated in passage 1 runs from delivery of the last thing, batch or part.
  4. In the case of a Contract which consists in regular delivery of Products for a fixed period of time (subscription), the period indicated in section 1 shall run from taking possession of the first item.
  5. The Consumer may withdraw from the Contract by submitting to the Seller a statement on withdrawal from the Contract. In order to keep the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the expiry of this deadline.
  6. The statement may be sent by traditional mail or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website – contact details of the Seller have been specified in § 3.
  7. The statement can also be submitted on the form, the specimen of which is an appendix to the Act of 30 May 2014 on Consumer Rights, but it is not obligatory.

§ 11
Complaint and warranty

  1. The Sales Agreement covers new Products.
  2. The complaint should be submitted in writing or electronically to the addresses of the Seller given in these Regulations.
  3. In the case of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint on the basis of regulations concerning warranty in the Civil Code.
  4. Goods sent back under the complaint procedure should be sent to the address 17/22 Srebrnogórska Street, Wrocław 50-536

§ 12
Extra-judicial ways of handling complaints and pursuing claims

  1. Detailed information concerning the possibility for the Consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspectorates and at the following Internet 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 exemplary possibilities to use out-of-court complaint handling and redress:
    1. The consumer is entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148 as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
    2. A consumer is entitled to apply to the Provincial Inspector of Commercial Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings to resolve the dispute between the Consumer and the Seller.
    3. A consumer may obtain free assistance in resolving a dispute between him and the Seller, using also free assistance of the district (city) consumer advocate or a social organization whose statutory tasks include consumer protection (among others, the Consumer Federation, Polish Consumer Association).

§ 13 
Personal data in the Online Shop

  1. The administrator of the Customers’ personal data collected through the Online Store is the Seller.
  2. The personal data of the Customers collected by the administrator via the online store are collected for the purpose of the implementation of the Sales Agreement, and if the Customer agrees to it – also for marketing purposes.
  3. The recipients of personal data of the Customers of the Online Store may be:
    1. In the case of a Customer who uses the online store’s delivery method by mail or courier, the Administrator makes the collected personal data of the Customer available to a selected carrier or intermediary carrying out parcels on behalf of the Administrator.
    2. In case of a Customer who uses the method of electronic payment or payment card in the Online Store, the Administrator makes 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 and correct his or her data.
  5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the impossibility of concluding such an agreement.

§ 14
Final provisions

  1. The contracts concluded through the Internet Shop are concluded in Polish.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Client about each change at least 7 days in advance.
  3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on rendering electronic services; Act on consumer rights, Act on personal data protection.
  4. The Client has the right to use out-of-court methods of complaint handling and claiming. For this purpose, he may lodge a complaint via the EU ODR Internet platform available at the address: http://ec.europa.eu/consumers/odr/.