Terms and Conditions & privacy policy

Dear Customers,

According to the Act of  30 May 2014. on consumer rights (OJ of 2014, item. 827), 
which entered into force on 25 December 2014, we announce that Online Store has a new Regulations by following:

TERMS AND CONDITIONS OF THE ONLINE STORE MAMATU

DEFINITIONS 

1. Seller - apconcept Anna Przeracka-Byskosz, 51-687 Wrocław, Kosynierów Gdyńskich 74/2, Tax No 9251842379.

2. Customer - a natural person aged over 13 years. An individual aged under 18 years needs statutory agent's consent.

3. Store/Online store – www.mamatu.pl  under which customers have the possibility to purchase Goods;

4. Goods - the product offered to the Customer by the Company via the Online Store

5. Registration form – service available on www.mamatu.pl under which Customer may purchase Goods.

6. Order form – service available on www.mamatu.pl under which unregistered Customer may purchase Goods.

7. Regulations – Online Store's following Terms and Conditions

 

GENERAL

1. The owner and the entity running the Online Store is a company under the name apconcept   Anna Przeradzka based in Wroclaw, Kosynierów Gdyńskich 74/2 street, postal code 51-687, under TAX NO.: 9251842379.

2. Following rules comprise Regulations of the online store operating at www.mamatu.pl  and determine terms of order and purchase of Products.

3. These terms and conditions are an integral part of the Transaction between the Customer and the Seller and shall be made available in accordance with the requirements of  Art. 12 paragraph 1 and Art. 18 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014. Poz.827).

4. All the Website information related to the Products (including prices) are not a commercial offer as defined by the Art. 66 of the Civil Code but an invitation to reach sale contract defined by the Art. 71 of the Civil Code (Polish Law).

5. Information on the purchase price of the Goods given on the Store’s website is binding from the moment of receipt of the acknowledgment of the Customer’s purchase order for the selected goods. After an effective order placement the price shall not change regardless of price changes in the Online Store that may occur for individual Products.

6. Photographs of the Products are published on the Website in order to example and presentation the very specific models.

7. For the purpose of placing the Order and the Transaction, Customers have no obligation to create their own account on the Site

8. The Customers intending to make a Transaction should provide personal data: address, telephone number or e-mail address.

THE TERMS OF USE OF THE WEBSITE BY THE CUSTOMER

1. The commencement of the use of the Online Store requires reading and accepting the Terms & Conditions. Order is possible only after accepting the Regulations.

2. All information submitted by the Customer in the Registration or Order Form should be truthful and current. In case of submitting false information, the Seller reserves the right to decline processing the Order.

3. The Seller take all possible required technical and organizational measures to protect the Customers’ personal information provided during registration by unauthorized persons.

4. The Customer is obliged to:

a) use services offered by the Seller in a way not to disturb the functioning of the Online Store, especially by using certain software or devices;

b) refrain from actions aimed at coming into possession of classified information held by the Seller;

c) use the services offered by the Seller in compliance with the law in force in the Republic of Poland, provisions of Regulations and accepted practices in this regard;

d) use the services offered by the Seller without major inconvenience to other

Customers and the Seller, respecting their personal rights (including the right to privacy) and other applicable rights

e) use of any content contained in the Web Site only for personal use.

5. In case of submitting false informations  in the Registration or Order Form by the Customer or violating the rules (see point 4 above), the Seller reserves the right to block the Customer's access to the Store. The Customer has no right to register again without previous Seller’s permission.

6. Effective placing of an order is possible only if the Product selected by the Customer is available at the Seller’s warehouse. The information about availability is presented on the subpage concerning specific Product. In case of inefficient order placement as a result of incorrect information about availability presented on the Website, the Customer is informed about this fact and has right to change the Order. If the Customer cannot place an order because of lack of availability selected Product, they has right to withdrawal from the agreement and cancel the Order. The Customer will be informed about cancellation by provided e-mail address and get payback within 14 days from the moment of getting information about impossibility of placing and order.

 

RULES OF PLACING AND PROCESSING ORDERS

1. The Customer can make the Transaction by placing an order using the Order Form available on the Site.

2. To place an order by registered Customer, they logs in to Store, selects the Goods available in the Online Store then adds the Goods to the “cart” and confirms the contract. In case of unregistered Customer, to place an order via the order form, the Customer selects the Goods available in the Online Store. After selecting the Goods (adding the Goods to the “cart”) the Customer fills out the order form, indicating the data necessary to perform the contract by the Seller.

3. The Customer’s approval through the “confirm order” button is tantamount to placing the offer to conclude a sale with apconcept Anna Przeracka-Byskosz in accordance with the Terms & Conditions.

4. After placing the order, the Customer receives an e-mail confirming the Order, which is a conclusion of the sale contract between the Customer and the Seller.

PRICES AND FORMS OF PAYMENT

1. The prices of Goods offered by the Company in the Online Store are:

a) denominated in Polish zloty

b) include VAT

c) do not include the cost of delivery.

2. The Customer and the Seller are bound by the prices in force at the time of submitting the Order by the Customer.

3. The Customer can make Payments in one of the following forms:

a) cash; personally at Seller’s outlet or by “COD”, i.e. making payments by cash on delivery for the ordered Goods to the hands of the deliverer in return for a receipt

b) bank transfer to the Seller’s bank account before delivery. The Customer making this form of payment should make it within 2 days from the date of placing the Order, otherwise the sales contract is terminated. Payment should be transferred to the Seller’s bank account:

 

apconcept Anna Przeracka-Byskosz
Bank Zachodni WBK.
 30109017530000000120272569
Ul. Kosynierów Gdyńskich 74/2, 51-687 Wrocław

 

c) on-line payment through the PayPal before delivery.

4. The Seller reserves the right to change prices of the Products included in the offer, introduce, change, and cancel special offers. The foregoing information do not influence Orders which were placed before change of the price and conditions of the special offer or sale.

5. Special offers cannot be combined unless regulations of a particular special offer states otherwise.

6. Preferential shipping / transport costs relate to deliveries across Poland only. In case of shipping to other countries, costs are set up individually.

7. Promotional free shipping on orders over 400 PLN does not relate to international shipping.

 

CONDITIONS FOR THE EXERCISE OF THE TRANSACTION

1. After the Customer receives a confirmation of offer acceptance, the process of order completion by the Seller starts.

2. Processing period is 6-8 working days and depends on:

a) form of payment – in case of prepayment - The Seller processes orders after the payment is in the Seller’s bank account.

b) availability of Goods;

The period indicated in the first section of this Article may be extended for reasons related with possible difficulties in order completion.

3. The cost of the delivery of Goods is borne by the Customer and added to the Product price. The cost include VAT. The cost depends on chosen form of delivery . All costs are included in Order confirmation.

4.  The ordered Goods are delivered by courier across the Poland  to the address specified in the Order. The estimated delivery time is 4 working days since the next day after the shipment is sent.

5. Upon receipt, the Customer should check the condition of the Order. If any damage or other irregularities are found, they should draw up a protocol of damage in the presence of the courier and immediately notify the Seller.

6. The maximum processing period is 30 working days. After that period the Customer can cancel the Order by sending the statement to the Seller via e-mail.

7. The Seller processes orders according to the sequence of their receiving till supply lasts.

8. Every shipment is accompanied by a receipt or invoice. If the Customer is a VAT payer, they should inform the Seller by e-mail and send the invoice data after the purchase.

 

RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The Customer has the right to withdraw the sales contract without justification by submitting an appropriate written statement within 14 (fourteen) business days as of receiving the product.

2. The right can be exercised by the Customer by sending a written statement of withdrawal from the sales agreement to the following address: apconcept Anna Przeracka-Byskosz ul. Kosynierów Gdyńskich 74/2, 51-687 Wrocław.

3. The 14 business days period is counted from the day the Product is delivered to the Customer.

4. In case of withdrawal from a remote Product sales agreement, the agreement is considered not concluded and the Customer is free from any obligations. What Parts testified, they are returned unchanged, which means that the statement of withdrawal shall be deemed ineffective if it turns out that the product is damaged unless it has occurred as a non-conformity of goods with the contract referred to  the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014. Poz.827).

5. The Goods must be returned immediately, not later than within fourteen (14 days) from the date of the statement of withdrawal from the Transaction.

6. The Product returned by the Customer should be appropriately packed, ensuring no damage during transport. Product should be returned with documents issued for the sales to the following address: apconcept Anna Przeracka-Byskosz ul. Kosynierów Gdyńskich 74/2, 51-687 Wrocław.

7. Not later than within 14 days from upon the receipt of statement of withdrawal from the sales agreement, the Seller is required to reimburse the Customer any payments received, including the delivery costs, except for additional costs arising from shipping method selected by the Customer other than the basic, cheapest method offered on the Online Store. The Seller shall reimburse the payment using the same method of payment as the one used by the Customer, unless the Customer agrees to other method of reimbursement which does not entail any costs for the Customer.

8. The Customer should enclose to returned Product The Return Form. The Return Form is available HERE (http://mamatu.pl/formularz_zwrotu.pdf). Lack of The Return Form or receipt preclude correct withdrawal review.

9. The Customer has to send back Product in pristine condition and cannot bear the following traces of use: stuffed pockets, stuffed or stretched knee/elbow material, any foundation, lipstick or mascara marks, any cosmetic, domestic or industrial smells (cigarettes, deep-fry etc.), laundry results and other marks of using , trying on, wrong storage the Product.

10. If any traces of use are detected, the Seller reserves the right to refuse the withdrawal acceptance. In that case, the Product with written statement of withdrawal refusal will be send back to the Customer address on their cost.

11. Possible costs connected to the withdrawal that the Customer is obliged to bear:

a) if the Customer chose a shipping method other than the cheapest method available in the Store, the Seller is not obligated to refund the additional costs of delivery

b) the Customer is charged for the direct cost of returning the Product.

 

COMPLAINTS 

1. As a vendor the Seller shall be liable to the Customer for defects of Products in accordance with the provisions of the Civil Code and other generally applicable legal regulations.

2. No provision of these Regulations shall limit the rights conferred on the Customer by the applicable provisions Polish law.

3. In the case of non-compliance with the agreement of the Goods delivered, the Customer has the right to lodge a written complaint. The complaint should be filed within period provided for legal regulations.

4. The basis for the complaint may be in particular to provide a different Product than ordered.

5. In case of exercising this right the Customer must complete claim form and send along with the advertised goods and proof of purchase.

6. The Seller reserves the right to a 14-day period to review the complaint from the moment of receiving the Product from the Customer, and undertakes to advise the Customer of the undertaken actions.

7. In case of considering the complaint in favor of the Customer can exchange the Product to another or refund the bank account (or other method) indicated by the Customer. Reimbursement will be completed within 14 days of the complaint.

8. The cost of delivering defective Product to the Seller shall be borne by the Customer. The Store does not receive deliveries shipped by C.O.D.

 

FINAL PROVISIONS

1. If individual provisions of these Regulations are deemed invalid or ineffective by the provisions of the law, the remaining provisions of these Regulations shall not be affected. In place of the invalid provision a rule shall be replaced with a rule that best corresponds to the invalid provision and these Regulations.

2. The Seller reserves the right to modify the Regulations. Customers will be informed about every modification of the Regulations by an announcement on the Website. Customers who are registered in the Store will be bonded with new Regulations.

3. The current Regulations are published at the Online Store website.

4. The Seller has no responsibility for messages sent to the e-mail address provided by the Customer but blocked by administrators of e-mail servers as well as for the removal and blocking of e-mails by software installed on the computer used by the Customer.

5. The Seller is not responsible for transactions performed by unauthorized third parties who gained access to the Customer's account as a result of the Customer's carelessness in using the login and the password.

6. These regulations take effect on 25 December 2014.

PRIVACY POLICY 

1. To fulfil your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order for example), if you contact me directly.

2. I rely on a number of legal bases to collect, use, and share your information, including:

as needed to provide my services, such as when I use your information to fulfil your order, to settle disputes, or to provide customer support;
when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as providing and improving my services. I use your information to provide the services you requested and in my legitimate interest toimprove my services.

3. Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances.
Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.

Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.

4.I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years.

5. For purposes of EU data protection law, I, apconcept Anna Przeracka-Byskosz, am the data controller of your personal information. If you have any questions or concerns, you may contact me at sklep@mamatu.pl. Alternately, you may mail me at:

apconcept Anna Przeracka-Byskosz ul. Kosynierów Gdyńskich 74/2, 50-607 Wrocław, POLAND