ARTICLE 1: PREAMBLE
This site is operated by the Makoowka Monika Leśko, Anna Szul s.c. company, having its registered office at Podgorki 41a, 30698 Krakow (Poland) and registered with the register of commerce and companies under TAX number PL6793122438, REGON: 363688239
The present general conditions of sale apply to all the orders placed with the Makoowka s.c. company for the whole of the articles and services proposed by the www.makoowka.pl site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Makoowka implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
Makoowka reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Makoowka are those accepted by the Customer at the time of placing the order.
These General Conditions of online store, hereinafter referred to as the "Terms", specifies the rules for the online shop operated under the name Makoowka (the internet address www.makoowka.pl), hereinafter referred to as "Seller" and the terms of the conclusion and implementation of sales contracts with buyers.
These Conditions shall become a part of the contract between the Seller and the user of the store wwwmakoowka.pl, hereinafter referred to as "User".
ARTICLE 2: DEFINITIONS
Prices presented are stated in Polish Zloty, British Pound Sterling and Euro, include VAT where applicable and do not include the cost of shipping, which by few particular cases is covered by User.
1. "Terms" – undermentioned General Rules ,
2. "Contract" – sales contract of merchandise concluded at distance through internet website of Seller www.makoowka.pl and User,
3. „Order" – ordering one or more items placed by User through Seller’s website wwwmakoowka.pl, treated as Offer according to Civil Code.
4. "Personal Data" – all personal information of User, such as name, surname, email address, telephone, residence address, credit card numer,
5. "Merchandise" – items presented for sale at Seller’s website,
6. "Store" – internet store under www.makoowka.pl
7. "Customer" – User who enters into sales Contract.
8. "Account" – assets available for User by Seller, in particular those necessary for User to place his Order and assets entitling user to see his Order,
9. "Third Party" – person, on behalf whom Customer enters into Contract and on behalf of whom the delivery of the merchandise is expedited, stated by Customer while placing Order,
10. „Gift Card” – merchandise coupon on the exact commercial value, delivered to Customer in imprint version, entitling him to sumbit it while shopping, with maximum value according to its value, stated on the imprint version.
ARTICLE 3: MERCHANDISE
1. Makoowka is committed to deliver the orders received only within the limit of its stock of the product available or within the limit of the stock available from its suppliers. In the absence of availability of a product or products, Makoowka is committed to informing the Customer as quickly as possible.
2. Seller does not guarantee the full availability of merchandise. Seller reserves the right to modify the selection of products according in particular to the constraints imposed by its suppliers. Availability can vary during the same day according to the level of sales.
3. The information, characteristics, photographs and graphics presented on the Seller’s webisite or in the emails sent by Makoowka are given only on a purely indicative basis and for the major part are given by the suppliers. Presented merchandise and information about it are just for information only and do not constitute an offer within the meaning of Art. 66 of the Civil Code. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of Makoowka.
4. Wszystkie towary znajdujące się w ofercie Sklepu są fabrycznie nowe, objęte rękojmią na wady ukryte i gwarancją (w przypadku produktów objętych gwarancją producenta). All products offered by the Shop are brand new, covered with warranty against hidden defects and warranty (in case of products covered by the manufacturer's warranty). Consequently, in the event of damage caused to a person or a good by a defect of the product, only the producer of this product can be held responsible by the Customer, on the basis of the information appearing on the packaging of the aforementioned product. Moreover, the company stresses that the products, services and information proposed by Makoowka do not in any way substitute for constant vigilance by adults.
ARTICLE 4: PRICES
1. Prices of merchandise at Seller website are indicated in Polish currency Polish Zloty. On an indicative basis, the prices on the site also appear in Euro and British Pounds Sterling.
2. The prices take into account the Polish VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. Orders for delivery to countries outside the European Union are not subject to French VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes.
3. The total of the Order consists of total cost of merchandise, VAT and shipping costs.
4. The prices posted on the Seller’s site are subject to change. However the prices cannot be modified once the Customer has placed his order.
5. The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
ARTICLE 5: PLACING ORDER
1. Placing an Order at Seller’s website requires from Customer to create and activate his account.
2. Creating Customer’s account requires from User accepting the Terms which implies by checking inbox.
3. Sale apply to all the orders placed with Seller’s for the whole of the articles and services proposed by the www.makoowka.pl site by natural persons not business persons.
4. Before the final ordering the Customer will be able to read the information concerning his Order, which will include, among others, accurate calculation of the merchandise ordered, the unit price and the total value of any discounts and accurate delivery costs.
5. Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
6.Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with Makoowka in a firm and final manner. In every case, the supply online of the bankcard number/bank account number for bank transfer/PayPal account number or choosing COD payment option and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.smallable.com site.
7. An email is automatically sent to the Customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Makoowka. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
8. Customer may place an Order in third party name. In order to act so Customer must specify Third Party’s personal information such as: name, surname, address for delivery, email and telephone number. This information is only required and used by Seller for delivery contact.
ARTICLE 6: PAYMENT OPTIONS
1. Customer’s responsibility for paying for the Order correctly placed, regardless whether Customer has place an Order in his own or in the third party’s name.
2. The Customer guarantees the Seller that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order.
3. The undermentioned forms of payments are acceptable by Seller:
a) COD (Cash on Delivery) which imposes additional cost of 6,00 zloty. This form of payment is valid for Orders placed and delivered within territory of Poland only.
b) bank transfer to Seller’s account number chosen while placing Order.
PL 09 1030 0019 0109 8503 0013 7851 for payments in Polish Zloty
PL 13 1030 0019 0109 7806 0105 8021 for payments in Euro
PL 58 1030 0019 0108 2606 0140 9397 for payments in GBP
c) Electronic payments and bankcard payments through Przelewy24 service.
Credit and debit cards operations are carried out by PayPro S.A., Kanclerska 15, 60327 Poznan, registered in Poland under number KRS 0000347935 Poznan Nowe Miasto and Wilda in Poznan, NIP 7792369887, Regon 301345068.
d) Pay Pal
4. Beside all above means of payment the Customer can pay for his Order using a Seller’s Gift Card valid in makoowka.pl website only.
5. The Order total including the cost of delivery must be at least equal to nominal value of Gift Card. In case where the Order total including delivery cost exceeds the value of Gift Card, the Customer is obliged to pay the balance using preferred form of payment stated above.
ARTICLE 7: GIFT CARDS
Gift cards are available at Seller’s website. Each gift card clearly presents its commercial value, which is: 100, 200 or 500 Polish Zloty. A gift card is valid only for the period of 12 calendar months from date of purchase. Gift cards are being the subjects of sale on the same conditions and through same means of payment as other merchandise at Seller’s website, excluding. The delivery of Gift Card is carried out by expediting its physical issue to the Customer’s address.
ARTICLE 8: THIRD PARTIES
1. In case of Order being placed by Customer who ordered merchandise for third party, it is the third party who enters in all Customer’s rights due to Contract of sales. Regulations from Articles are implied respectively.
2. Above does not exclude the Customer’s eligibility for execution of those rights, discretely of third party.
3. In the event of Return merchandise by third party, the Seller will reimburse the cost of the order excluding delivery cost directly to Customer who have entered with the Seller into sales contract do.
ARTICLE 9: PERSONAL INFORMATION
1. Visitors or Customers of the www.makoowka. site have a constant right of access, modification, correction and suppression of the data which relate to them in application of Law of 29.08.1997 of the Protection of Personal Data (Journal of Laws No. 101 of 2002., Item. 926) to prevent access by third parties .
2. The Customer’s consent to the processing of personal data by the Data Administrator (Makoowka s.c.) for an account of the Customer and processing the orders within the website Makoowka.pl accordance with the Act of 29 August 1997 on the protection of personal data (Dz. U . No. 101 of 2002., item. 926, as amended. d.). Personal data are used for execution of contracts of sale, in connection with the that can be communicated to those responsible for the delivery of purchased products to the customer.
3. Personal data of the Customer making payments via Przelewy 24 Pay Pro S.A. for purchased goods/products/services are transferred Pay PRO S.A. company located in Poznan, as the data controller (Kanclerska 15, 60327 Poznan ), entered into the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under KRS 0000347935
4. At the time of customer inscription or ordering, or within the framework of other specific operations, Seller invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
5. Seller uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course.
ARTICLE 10: DELIVERY
1. All deliveries of Orders are carried out by: UPS, Postal Services Global Expres and Parcel Lockers IN POST (for domestic deliveries only).
2. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.
3. Delivery by UPS (usual delivery time of 24h-48h, 5 BUSINESS DAYS for international orders)
This method of delivery makes it possible for the Customer to receive his parcel in 24-48 hours as from the time of dispatch thanks to UPS (excluding processing and preparation time of the order which can take from 1 to 2 days). The deliveries are carried out from Monday to Friday, except public holidays. The parcel is dealt with by UPS and is delivered upon being signed for at the delivery address indicated by the Customer. The Customer must take care to give all necessary information for access to the place of delivery (code, building, floor, etc.), as well as a telephone number where the Customer is easily reachable. In the event of absence, a delivery notice is deposited at the address with the date of his next visit. The Customer can call UPS customer service to fix a new delivery date which is more appropriate for him. After 3 unsuccessful visits to the delivery address, the parcel is deposited at the nearest UPS agency.
The delivery times mentioned here are those which are usually experienced. No refunding of the delivery charges will be given in the event of delivery taking longer than those times indicated.
4. The Customer, if possible, should check the condition of parcel in the presence of the courier company employee. In case of damage shipping, Customer shall report this fact to the courier and prepare report of complaint and inform the Seller.
5. The parcel is dealt with by Polish Postal Services and is delivered upon being signed for at the delivery address indicated by the Customer. The Customer must take care to give all necessary information for access to the place of delivery (code, building, floor, etc.), as well as a telephone number where the Customer is easily reachable. In the event of absence, a delivery notice is deposited at the address of delivery indicated by the Customer, allowing him to collect his parcel from the address indicated according to the modalities indicated by the carrier. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to Seller which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
6. Orders placed online via the www.makoowka.pl site are dealt with each day from Monday to Friday, except public holiday. The Seller does its utmost to treat and dispatch any order received before 12pm the very same day, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require 1 or 2 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below. These delivery times do not include Saturdays, Sundays and public holidays.
7. In the case of an order which may comprise one or more items not immediately available and one or more items immediately available, the Seller will dispatch the order as of reception of the whole of the items which comprise the order. If the Customer wishes to receive the products immediately available more quickly, he is advised to isolate these articles in a separate order.
Dispatch times are as follows:
48 hours from the time of placing an order in case of COD shipments; or
48 hours from receipt of the fee for the order in the account of the Seller's bank account.
8. Orders for which Customer has not fulfilled the payment will be cancelled within 7 days.
9. The cost of returned or exchanged merchandise of shipping to the store is covered by the Buyer, but in case of justifiable complaints, replacement of a defective or refund a faulty product, the Seller shall reimburse the shipping costs, after consultation the details of such a return. In other cases (if the complaint, exchange or refund faulty product will be illegitimate) The Seller shall not reimburse shipping costs.
ARTICLE 10: RETURNS, EXCHANGES
1. Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), according to the Polish code of consumption the Customer has the right to a 14 day period to exert his right of retraction without having to pay penalties, except for the costs of returning the goods. This period begins as from the day of reception of the goods by the Customer.
2. Customer must notify us of your intention to return an item, the reason for its return and return the item. Customer must send e-mail at firstname.lastname@example.org for return information and address. Sale merchandise is final sale.
3. Full refund returns are accepted on unused and unwashed items in original packaging within 14 days of delivery. The returned products must be intact, in a perfect state for resale, and in original packing. They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged.
4. All shipping costs are paid by the Customer, unless, the item has been damaged before or during delivery or there has been some other mistake by our account. The Seller cannot and will not take responsibility for items returned without previous Seller’s notification. Seller recommends the Customer to return its products with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return.
5. Shipping charges are non-refundable and the Customer is responsible for return shipping charges.
Returnable items include: Full Priced items that are in new, sealable condition (i.e. has not been worn, washed or altered in any way. All original tags are attached.) The Seller will not be able to accept returns that do not meet these conditions.
6. Gift wrapping service is non-refundable too.
7. Customer needs only to enter his customer account and in the “Return or exchange an item or items” section:
Select the order in question, the item(s) to be returned/exchanged, and the reason for returning
In the case of an exchange, choose the replacement item(s)
Confirm his request
Download and print Returns Slip that must be imperatively include in your return package. To make a return or exchange, send the returned item in a securely sealed package.
Ship your return to:
ul. Podgórki 41a
Any further information you need please e-mail Seller at: email@example.com
+48 696 837 783
ARTICLE 11: DEFECTIVE GOODS
1. The products offered by Seller are subject warranty of the manufacturer, importer or seller force in the Republic of Poland. Most of merhandise covered by the warranty determined by the manufacturer, based on the proof of purchase (receipt or invoice). In accordance with Polish law, the present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
2. The Customer is expressly informed that Seller is not the producer of the products presented within the framework of the www.makoowk.pl website, as defined by the Polish law.Consequently, in the event of damage caused to a person or a good by a defect of the product, only the producer of this product can be held responsible by the Customer, on the basis of the information appearing on the packaging of the aforementioned product. Moreover, the Seller stresses that the products, services and information proposed by Seller do not in any way substitute for constant vigilance by adults.
Seller cannot be held responsible in the event of the non-respect of legislation in the country where products are delivered. It is the responsibility of the Customer to check with local authorities the legality of importing and using the products and services being ordered.
3. Customer has the right to claim of product bought in the store because of non-conformity of the product received, delays in delivery due to the fault of Seller and other cases resulting from generally applicable laws.
4. Complaints are not subject to: natural wear of the product, mechanical damage (bruises, abrasions, tears) arising from use of the product, damage resulting from a poor fit or improper use of product and maintenance.
5. The Customer must return the product to us, including all branded packaging with proof of purchase (receipt / invoice) a statement of the complaint/exchange, so you can identify the claims of the buyer. Buyer will be responsible for the cost of sending the product back to Seller but in case the complaint is accepted delivery costs are reimbursed under the conditions described in point. Repaired or replaced with new merchandise is delivered to the Purchaser at the cost of the Seller.
6. Seller agrees to consider the complaint in accordance with the applicable laws.
7. Claims as well as the merchandise subject to the complaint should be sent to: Makoowka s.c.,
ul. Podgórki 41a, 30698 Kraków, Poland, marked "COMPLAINT".
8. Seller will not accept COD shipments.
ARTICLE 12: FINAL PROVISIONS
1. The Seller will publish the current version of Rules and Terms on Seller’s website www.makoowka.pl
2. Relations between Seller and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.makoowka.pl
3. These Regulations state as document defining rules for placing an orders in the store. Each Customer is obliged to read the Terms and Conditions, and its provisions are binding on him at the time of his order in the store or properly accept the Rules(for buyers using the service account).
4. In matter not regulated by the Regulations, the provisions off the Civil Code and other In any matter not covered by this Regulation shall apply the provisions of the Civil Code and other relevant applicable laws.
5. The reselling of any merchandise offered by Seller is prohibited.