Terms of sale - Maikies

I. Definitions

The definitions used in the Terms of Sale mean:

Customer – a person, legal entity or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order within the Store;
Civil Code – the Act of 23 April 1964 of Polish Law (Journal of Laws No. 16, item 93, as amended);
Regulations – these Regulations for the provision of electronic services as part of the maikies.eu online store;
Online Store (Store) – a website available at https://maikies.eu/, through which the Customer may, in particular, place Orders;
Goods – products presented in the Online Store;
Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between maikies.eu and the Customer, concluded using the Store’s website;
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.

II. General terms

These Regulations define the rules for using the online store available at https://maikies.eu/.
These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
Maikies online store, operating at https://maikies.eu/, is run by Maikies Design Bartosz Kaczmarek, ul. Struga 66, 90-557 Łódź, VAT No: 9471979560.
These Regulations specify in particular:
– the terms and conditions for submitting orders via electronic means as part of the online store;
– the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
In order to use the online store, the Customer should obtain access to the device (computer, tablet, telephone) with Internet access.
In accordance with applicable law, Maikies reserves the right to limit the provision of services via the Online Store to people who have reached the age of 18. In this case, potential customers will be notified of the above.
Customers can access these Regulations at any time in the Terms of Sale section on the home page of https://maikies.eu/.
Terms of Sale can be changed at every moment, but the client will always be served accordingly with the Terms of sale that have been actual at the moment of order placement.
The Client has the right to negotiate the provisions of the contract with the Seller prior to placing an order.

III. Rules for using the Online Store

Registration in the Online Store is optional. The customer may place an order without registering in the Store, after reading and accepting these Regulations.
Registration takes place by completing and accepting the registration form, available on one of the Store’s websites.
The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory.
Maikies may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach by the Customer of the Terms of Use, and in particular when the Customer:
– during registration in the online store, he provided untrue, inaccurate or out-of-date data, misleading or infringing the rights of third parties,
– has infringed the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store,
– will commit other behaviors that will be considered by maikies.eu to be inconsistent with applicable law or general principles of using the Internet or harming the good name of Maikies.
A person who has been deprived of the right to use the online store may not register again without the prior consent of Maikies.
In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
The customer is obliged in particular to:
– not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
– using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
– not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
– using the Online Store in a way that is not inconvenient for other customers and for Maikies,
– use of any content contained in the Online Store only for personal use,
– use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.

IV. Procedure for concluding a Sales Agreement

In order to conclude a Sales Agreement via the Online Store, go to the website https://maikies.eu/, make a choice, taking further technical steps based on the messages displayed to the Customer and information available on the website.
The selection of the ordered Goods by the Customer is made by adding them to the basket.
When placing the Order – until the button confirming the Order placement is pressed – the Customer may modify the entered data and the selection of the Goods. To do this, follow the displayed messages and information available on the website.
After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others, a description of the selected goods or services, the total price and all other costs.
In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
Information about the Goods provided on the Store’s website constitute an offer within the meaning of Art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with Maikies, in accordance with the Regulations.
The contract is treated as concluded when the Customer’s Order enters the IT system of the Online Store, provided that the Order complies with the Regulations. After concluding the contract, the Customer receives an e-mail confirming all the essential elements of the Order.
The sales contract is concluded in English, with the content in accordance with the Terms of sale.

V. Terms of delivery

The delivery of the Goods will initially be limited to selected European Union countries and takes place at the address provided by the Customer when placing the Order.
Delivery of the ordered Goods is carried out through one of the options below:
– Courier company
– Parcel lockers
– Post
Delivery costs will be visible in the order summary.
The delivery time may vary depending on the place of receipt of the parcel. The time of shipping the package in the case of a correctly placed order is a maximum of 3 business days. .
Consolidation, security, disclosure and confirmation to the Customer of the essential provisions of the Agreement for the sale of Goods takes place by sending the Customer to the e-mail address provided and by attaching a printout of the confirmation, Order specification and VAT invoice to the shipment containing the Goods.
Maikies is not responsible for client’s errors that have resulted with additional costs for delivery and the client will be in duty to cover these costs. Any irregularities noted by the client should be immediately forwarded to Maikies in order to correct the mistakes without unnecessary costs.

VI. Prices and payment methods

The prices of the Goods are given in Euro and include VAT.
The operator servicing the payments is the company PayPro SA operating under the Przelewy24 platform. The customer has the option to pay by:
– an on-line payment
– credit card
– BLIK
– Apple Pay
– Google Pay
Delivery costs will be specified at the ordering stage and day may vary for different locations.
More information on this topic can be found at https://maikies.eu/shipping-payments/

VII. The right to withdraw from the contract

Information on the right to withdraw from the contract and complaints is available at the following link: https://maikies.eu/return-guide/

VIII. Complaints relating to the Goods

In the case of contracts concluded with Consumers within the meaning of Art. 221 of the Civil Code, the Seller is liable to the Consumer under the terms of art. 556 and subsequent of the Civil Code for physical or legal defects (warranty).
The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a second-hand item, within one year from the date of delivery of the item to the Consumer.
The Consumer’s claim for the removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item before the expiry of one year from the date of delivery of the item to the Consumer.
If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
A physical defect consists in the non-compliance of the item sold with the Agreement. In particular, the item sold is inconsistent with the Agreement if:
a) does not have properties that this kind of thing should have, due to the purpose specified in the Agreement or resulting from circumstances or destination;
b) does not have properties that the Seller has provided to the Buyer, including by presenting a sample or pattern;
c) it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the Agreement, and the Seller did not raise any objections to such purpose;
d) was delivered to the Buyer incomplete
Equally with the Seller’s assurances are the public assurances of the manufacturer or his representative, the person who places the item on the market in the scope of his business activity, and the person who, by placing the item sold in his name, trademark or other distinctive sign, presents himself as producer.
The seller is released from the liability specified in point 5c only if:
a) proves that he did not know these assurances or, judging reasonably, could not know;
b) shows that the assurances could not have influenced the Consumer’s decision;
c) the content of the assurances was corrected before concluding the Agreement with the Seller
The sold item has a physical defect also in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Buyer who followed the instructions received from the Seller.
In the case of an Agreement with a Consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer. In the event of a defect after one year from the date of delivery of the item, the obligation to prove that the defect existed in the product at the time of purchase rests with the Consumer.
The consumer, if the item sold has a defect, may:
a) submit a statement requesting a price reduction;
b) submit a declaration of withdrawal from the Agreement;
c) demand of replacement of the product with a product free from defects (provided that the manufacturer still has the product in question)
d) demand that the defect be removed
The consumer may not withdraw from the Agreement if the defect is irrelevant.
The consumer who exercises the rights under the warranty is obliged to deliver the defective item to the Complaint Address at the Seller’s expense (the cost should be accepted by the Seller), and if due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, The consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the items at the expense and risk of the Seller.
The Seller asks that, in order to facilitate the complaint process, include a description of the non-compliance of the goods with the Agreement. The seller will also accept the said declaration in the form of an e-mail.
The Seller will respond to the Consumer’s report within 30 (thirty) days. Otherwise, it is considered that the Seller considered the Consumer’s statement or request justified.
The Seller, in the event of the Consumer’s request specified in point 10 a or b may replace the defective item with a non-defective one or remove the defect, provided that it is done immediately and without undue inconvenience to the Consumer.
However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a defect-free one, or instead of replacing it, demand that the defect be removed, unless it is impossible to bring the item into compliance with the Agreement in the manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Consumer. The Seller, while assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed to the claim.
The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into compliance with the Agreement in the manner chosen by the Consumer or, compared to the second possible way of bringing the item into compliance with the Agreement, requires excessive costs.
In the event of a price reduction, the reduced price should remain in such proportion to the price resulting from the Agreement in which the value of the defective item is equal to the value of the item without a defect.
The Seller will enable the replacement of the defective item with one free from defects in the event of its availability or removal of the defect within a reasonable time without undue inconvenience to the Consumer.
In the case of contracts concluded with customers who are not also consumers within the meaning of art. 221 of the Civil Code, pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty is excluded.
In accordance with the deadlines indicated in points 2, 3 and 4 of this section of the Regulations, the Consumer may submit a declaration of withdrawal from speech or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the time limit shall run to submit a declaration of withdrawal from the Agreement or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for exercising other rights provided for in the Act, due to the Consumer, is suspended until the final conclusion of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, and the time limit for the exercise of other warranty rights due to the Consumer begins to run from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
The period for exercising the rights under the warranty for legal defects of the sold item starts from the day on which the Consumer learned about the defect, and if the Consumer learned about the defect only as a result of an action of a third party – from the date on which the judgment or other the decision of the authority issued in a dispute with a third party has become final.
If, due to a defect in the item sold, the Consumer submitted a declaration of withdrawal from the Agreement or price reduction, he may demand compensation for the damage he suffered because he concluded the Agreement without knowing about the defect, even if the damage was a consequence of circumstances for which the Seller shall not be liable. and, in particular, may demand reimbursement of the costs of concluding the Agreement, the costs of collection, delivery, storage and insurance of goods, reimbursement of expenditure to the extent to which he benefited from them and did not receive their reimbursement from a third party and the costs of legal proceedings.
The above is without prejudice to generally applicable regulations on the obligation to repair the damage on general principles.
In the event of concealing the defect by the Seller, the expiry of the period does not exclude the rights under the warranty.
The complaint address is: Maikies Design Bartosz Kaczmarek, Struga 66, 90-557 Łódź
If, as a result of the complaint submitted by the consumer, the dispute has not been resolved, the Seller shall provide the consumer on paper or another durable medium with a declaration of intention to apply for the initiation of proceedings for out-of-court settlement of consumer disputes or consent to participate in such proceedings or refusal to take such proceedings. participation in the out-of-court resolution of consumer disputes.
In the event of an unfounded complaint, the product will be returned to the customer at his expense, and the customer will also incur shipping costs related to the complaint handling process.
The store does not accept cash on delivery packages. Any costs of a valid complaint will be reimbursed to the customer to the account indicated by the customer.

WARRANTY

Goods sold via the maikies.eu Online Store are covered by the Seller’s and the Producer’s warranty. The manufacturer and the seller provide a one-year warranty for the purchased product. The seller is responsible for the non-compliance of the goods with the contract on the basis of the warranty specified in the Complaints about goods section.

IX. Complaints regarding the provision of electronic services

Maikies takes steps to ensure that the Store is fully operational, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time.
The customer is obliged to immediately notify Maikies of any irregularities or interruptions in the functioning of the Online Store website.
Irregularities related to the functioning of the Store, the Customer is recommended to report by e-mail to the following address: maikies.design@gmail.com
In the complaint, the Customer should provide his name and surname, correspondence address, telephone number, e-mail address, type and date of irregularities related to the functioning of the Store.
Maikies undertakes to consider each complaint within 14 days, and if it is not possible, to inform the Customer within this period when the complaint will be considered.

X. Final provisions

Settlement of any disputes arising between Maikies and the Customer who is a consumer within the meaning of Art. 22 [1] of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between Maikies and the Customer who is not a consumer within the meaning of Art. 22 [1] of the Civil Code of the Civil Code, is subject to the court having jurisdiction over the seat of Maikies.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.
The European Commission provides at http://ec.europa.eu/consumers/odr/ a platform for out-of-court dispute resolution (the so-called ODR platform). We do not want and are under no obligation to participate in a dispute resolution procedure before a consumer arbitration board.