Regulations

1 §

Preliminary provisions

  1. The mousepad24.eu online store, available at the Internet address https://mousepad24.eu, is run by ANITA MAKARSKA-GURGACZ, NIP: 7122860322, 4 Techniczna Street 20-151 Lublin.
  2. These Regulations are addressed to Customers and define the rules and procedures for concluding a Distance Sales Contract with a Customer through the Store.

2 §

Definitions

  1. Seller – ANITA MAKARSKA-GURGACZ, NIP: 7122860322, ul. Techniczna 4 20-151 Lublin.
  2. Customer – any entity making purchases through the Store.
  3. Store – an online store operated by the Seller at the Internet address: https://mousepad24.eu.
  4. Account – a set of services and functions available to the User after registration and after logging into the Store, as well as a set of data and settings of the Customer related to the operation of the Customer’s services and services requiring logging in.
  5. Contract concluded at a distance – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, up to and including the conclusion of the contract.
  6. Regulations – these rules and regulations of the Store.
  7. Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
  8. Order Form – an interactive form available in the Store that allows you to place an Order (requiring prior approval by the Seller), in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  9. Shopping Cart – an element of the Store’s software, where the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the quantity of products.
  10. Product – an item available in the Store, which is the subject of a Sales Contract, concluded between the Customer and the Seller.
  11. Sales Agreement – a contract of sale of a Product concluded or entered into between the Customer and the Seller in the form of a distance contract, through the Online Store.
  12. Interactive Tools – a set of Internet software features that allow the Customer to customize the Order Product Visualization.
  13. Visualization of the Order Product – this is a digital image, the quality and specificity of which allow you to replace the Product with a photo.
  14. Messenger – the Store’s Internet software that allows the exchange of text messages between the Seller and the Customer.
  15. Courier – an external entity offering courier services, having a separate contract with the Seller for the performance of the service of delivery of the Product to the Customer in the performance of the Sales Contract.
  16. Payment Intermediary – an external payment system imoje, operated by ING Śląski S.A., based in Katowice.

3 §

Technical requirements

  1. In order to use the Store, including browsing the Store’s assortment and placing orders for Products, it is necessary:
    1. terminal device with access to the Internet
    2. active electronic mail (e-mail) account,

4 §

General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties, failure of third parties to perform their obligations, regardless of the cause or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Browsing the Store’s assortment does not require creating an account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data to allow the Order to be processed.

5 §

Rules for placing an order

  1. In order to place an Order, you must:
    1. Select the Product that is the subject of the Order, and then click the “Add to cart” button.
    2. Customize the elements of the ordered Product e.g. color, design through the Interactive Tools available on the website.
    3. Complete the Order Form by: creating a Visualization of the Order Product, entering the data of the recipient of the Order and the address to which the Product is to be delivered, enter the invoice data, if different from the data of the recipient of the Order.
    4. Submit an Order instruction by the Customer.
    5. Receive acceptance of the Order disposition from the Seller.
    6. Accept the provisions of the Regulations, privacy policy.
    7. Click the “Order and pay” button on the page whose link will be provided in the email or in the Customer Account.
    8. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified period.
  2. The Seller may reject the Product Visualization made by the Customer without having to give a reason.
  3. The Seller shall inform the Customer about the rejection of the Visualization within no later than 4 working days from the receipt of the Order by sending the information to the e-mail address provided by the Customer. Failure to inform about the rejection of the Visualization within 5 working days after the Customer places the Order shall be considered as its acceptance.
  4. For technical production reasons, the Seller may, within the time limit specified in paragraph 3, propose to the Customer its own Visualization of the Order Product, which the Customer may accept or reject. The time limit for acceptance or rejection of the Vendor’s proposed visualization is determined and provided by the Vendor each time, with the proviso that it cannot be shorter than 5 working days from sending the proposal to the Customer. The time limit for making the decision in question automatically extends the processing time of the Order.
  5. Visualization of the Order Product between the Customer and the Seller will be carried out through Messenger, e-mails
  6. If, for any reason, part of the subject of the Order is found to be unavailable, the Customer is informed by the Seller about the actual state of affairs and decides how to implement it, within the framework of the Sales Agreement (partial implementation, extension of the waiting time, cancellation of the entire order).
  7. After the expiration of the period referred to in paragraph 3 and/or 4, the Customer is not allowed to change the decision made, regarding visualization.
  8. The seller is not responsible for any errors in the visualization, selected and accepted by the customer.

6 §

Visualization requirements

  1. The Seller is not responsible for the content commissioned for marking the Product by the Ordering Party.
  2. Seller is not responsible for the content of the Order Product Visualization modified by the Customer
  3. The Seller shall not be liable related to possible claims of third parties for infringement of their rights, in connection with the content of the visualization. The sole responsibility, including compensation, for possible violations of third-party rights shall be borne by the Customer.
  4. The Customer is obliged to comply with applicable laws when making Visualizations or, sending any graphic files to the Seller.

7 §

Supplies

  1. Delivery of the Products is limited to the area of the European Union and EEA countries and takes place at the address indicated by the Customer when placing the Order.
  2. Delivery is carried out in accordance with the regulations for the provision of services by the Courier, under the terms and conditions indicated therein.
  3. If the Customer fails to collect the ordered Product, the Seller shall store the Product in the warehouse of the Courier for 3 calendar days. The Seller has the right to charge the Customer for any storage costs.
  4. If the Customer provides an incorrect or inaccurate address, the Seller shall store the Product in the warehouse of the Courier for 3 calendar days. The Seller has the right to charge the Customer for any storage costs.
  5. If it is found that the received shipment is damaged, the Customer is obliged to make a protocol in the presence of a representative of the Courier, in accordance with the regulations for the provision of services by the Courier, according to the rules indicated there.
  6. The protocol referred to in paragraph 5 must be signed by a representative of the Courier. The absence of a properly drawn up protocol deprives the Customer of the right to submit a complaint to the Seller on this account.
  7. The Customer is obliged to check the Product, immediately upon receipt, as to quantity and quality.
  8. If any quantity or quality irregularities are found, the Customer is obliged to inform the Seller in writing, as soon as possible, using the Communicator or sending an e-mail to: office@mousepad24.eu. The information should include the order number or the Customer’s data and as detailed a description of the irregularities as possible.
  9. The cost of delivery of the Product is paid by the Customer. This cost is included in the cost of the entire Order.
  10. The Seller shall not be liable related to the loss of the Product, its damage during transport, as well as for delays in delivery that occurred for reasons attributable to the Courier.

8 §

Payment. Internet payment

  1. The following types of payment are available in the Store:
    1. Payment by bank transfer to the Seller’s account,
    2. Electronic payments,
    3. Payment by credit card,
  2. The Customer may choose the following forms of payment for the ordered Goods: BLIK payments, payment card, electronic transfer through an external payment system imoje, operated by the company ING Bank Śląski S.A. based in Katowice.
  3. A customer who wishes to use the services of a Payment Intermediary is obliged to comply with the provisions of the regulations of the respective Payment Intermediary. The content of these regulations can be found at: https://data.imoje.pl/docs/imoje_regulamin_platnosci.pdf
  4. The customer is obliged to change the method of payment if it is not possible to make payment, in accordance with the originally selected form.
  5. The Customer is responsible for verifying on its own whether the Customer’s bank account supports online payments and recurring payments, and the Vendor is not liable for this.
  6. The Store is not responsible for the use of the Store’s website or payment provider in a manner inconsistent with the Terms and Conditions.
  7. Any consequences resulting from improper completion of forms on the Store website , in particular, by providing erroneous or false data by the Customer, shall be the responsibility of the Customer.

9 §

Newsletter

  1. Newsletter service consists of sending by the Seller to the e-mail address provided by the Customer of this service e-mail messages containing information about the Store’s offer and promotions organized in the Store.
  2. The Customer, by concluding a Newsletter service agreement with the Seller, makes his/her e-mail address, provided in the registration form, available for the purpose of receiving the e-mail messages referred to in paragraph. 1.
  3. Newsletter service is free of charge.
  4. The Newsletter service may be used by any person who provides his/her e-mail address on the Newsletter section of the Store website, and then clicks the “Send” button. Clicking the indicated button sends the provided e-mail address to the Seller and, at the same time, concludes a contract for use of the Newsletter service, under the terms and conditions specified in these Terms and Conditions.
  5. The Newsletter service will commence as soon as the Newsletter service agreement is concluded, to which the Customer hereby agrees.
  6. The Newsletter service agreement is concluded for an indefinite period of time.
  7. In order to use the Newsletter service it is necessary to have access to the Internet and to have an e-mail address, while it is not necessary to meet any special technical requirements other than having a standard operating system and a standard web browser.
  8. The Seller informs that individual Newsletters constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (consolidated text Dz.U. 2006 No 90 item 631 as amended).
  9. The Customer has the right to terminate the Newsletter service agreement by directing a statement to this effect to the email address orders@mousepad24.eu. The termination has immediate effect.

10 §

Samples

  1. The sample is 1 pc. Product available in the store without labeling, which will allow to evaluate the features and characteristics of the goods in their final form, and is also intended to promote these goods. Thus, the transfer of a sample by the Seller does not constitute a supply of goods and is not subject to taxation under Article 7(2) of the Value Added Tax (VAT) Law.
  2. The decision to provide samples to the customer is made by the Vendor.
  3. The vendor is not required to justify its decision as specified in § 5(2).
  4. The customer does not have the right to appeal against the decision of the Seller specified in § 5 item 2.
  5. The cost of delivery of the sample is borne by the customer.
  6. Ordering a sample can be done through the corresponding module in the Store or by sending a message to the e-mail address: orders@mousepad24.eu.
  7. Deliveries of samples are made in accordance with the rules set forth in § 7 of the Regulations.
  8. Payment for the delivery of samples shall be made in accordance with the rules set forth in § 8 of the Regulations.

11 §

Implementation of the Sales Agreement

  1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer and the Seller accept the Order Product Visualization.
  2. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the order.

12 §

Withdrawal from the contract

  1. Due to the nature of the Product that is not prefabricated, manufactured to the Customer’s specifications or intended to meet the Customer’s individualized needs, the Customer is not allowed to withdraw from the contract and the Customer is duly informed that he/she loses the right to withdraw from the contract at the time specified in § 5.1.g, in accordance with the provision of § 5.7.

13 §

Acceptable differences

  1. The subject of the Sales Agreement, due to technical limitations of the production machinery, may slightly deviate from the Visualization accepted in accordance with § 5 items 2-7, by the following parameters:
    1. Product dimensions
    2. Product weight
    3. Color/shade
    4. Finishing including, for example, edges
    5. Print colors
    6. Placement of graphics
    7. Packaging method
  2. A relative error of 10% of the default value should be taken as a slight difference.

14 §

Complaints

  1. In order to file a complaint under the complaint procedure, you must:
    1. fill out the complaint form, available on here,
    2. send the completed complaint form, together with the document confirming the purchase in the Store, to the Store’s e-mail address orders@mousepad24.eu.
  2. As part of the complaint procedure, the complaint form should include a description of the reason for the complaint with appropriate documentation of non-compliance.
  3. As part of the complaint procedure, the customer is required to make the advertised Product available at the request of the Seller to confirm the defect.
  4. The Seller will respond to the complaint request immediately, but no later than within 14 days from the date of receipt of the complaint form, and if this is not possible, it will inform the Customer within this period, within which time the complaint will be considered.
  5. Any irregularities in part of the delivered Products do not entitle the Customer to claim the entire Order.
  6. The cost of delivery of the advertised Product is borne by the Seller, if the Customer is not an entrepreneur or the subject of the sales contract is not used by the Customer for the performance of his business.
  7. With regard to a business customer purchasing a Product related to the nature of this business, the Seller’s liability under the warranty for defects is excluded, in accordance with Article 558 § 1 of the Civil Code.
  8. The customer making purchases for business purposes but not of a professional nature for the buyer is bound by the complaint procedure described in point. 1-3.
  9. Filing a complaint does not release the Customer from the obligation to pay the Seller for the order placed.
  10. The Seller’s liability does not include so-called consequential damages and lost profits.
  11. The complaint may be rejected if the margin of error of the characteristics of the Product of the same specification is less than 10%.
  12. A claim may be rejected if the margin of error of the properties specified in 13 for the Product is less than 10%.

15 §

Data Protection

  1. The customer agrees that the seller may process the personal data provided by the customer when placing an order, in the process of using the Store.
  2. Provision of personal data by the customer is voluntary, however, lack of consent to the processing of personal data by the Seller will prevent the Seller from providing electronic services and making purchases by the customer in the Store.
  3. Personal data is processed by the Seller, i.e. ANITA MAKARSKA-GURGACZ, NIP: 7122860322, 4 Technical Street 20-151 Lublin (Personal Data Administrator).
  4. The Seller processes the Customer’s personal data for the purpose of providing services electronically, concluding and executing Sales Agreements with the Customer for Products covered by the Customer’s Orders, as well as for marketing purposes, if the Customer has given its consent, including, in particular, for the purpose of sending commercial information to the Customer electronically.
  5. The Customer has the right to access his/her personal data and to request its correction or deletion. Personal data can be corrected or deleted after logging in to the Customer’s account or by reporting to the Seller at the following e-mail address: amakarska@optima-reklama.com.
  6. Provision of personal data by the Customer, in connection with the posting of opinions or reviews of Products in the Store or social networks, implies consent to the release of such data to an unlimited circle of persons.
  7. The customer declares that the personal data provided by him is the customer’s data.
  8. Detailed provisions on the protection of personal data are included in the Privacy Policy, available on the Store’s website.

16 §

Final provisions

  1. Settlement of any disputes arising between the Seller and the Customer shall be submitted to the courts of general jurisdiction in accordance with the provisions of the Code of Civil Procedure.

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