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Terms & Conditions

STORE TERMS OF USE


§1

General provisions


1. These terms of use present the conditions for purchase in Store for Customers whose delivery address was specified as a place beyond the territory of the Republic of Poland.

2. The following notions in these terms of use have the following meaning:

a) Working days – all days of the week from Monday to Friday, excluding Polish bank holidays.

b) Customer – a person using Store, a natural person, with full legal capacity (therefore, in principle, at least of 18 years of age), a legal person or an organizational unit, not a legal person that is given their legal capacity by the law.

c) Consumer – a natural person that undertakes the legal act not directly related to their business of professional activity (Art. 22 of the Civil Code).

d) Customer account– collection of Customer information, as well as actions performed by Customer in Store (including customer data necessary for execution of submitted orders, order record, execution status of orders being processed).

e) Store or Internet store – Internet store operating at www.mrgugu.com, managed by Seller, through which Seller offers goods to Customers.

f) Seller - Jakub Chmielniak, conducting business activity under the company name of "LETHE Jakub Chmielniak", with its main office at ul. Czajkowskiego Street No. 15, 43-300 Bielsko-Biała, NIP (Tax Identification Number): 937-24-97-177, Regon (National Business Registry Number): 241353364, email address: info@mrgugu.com.

g) Goods – merchandise available in Store.


3. Pricing in Store shall not constitute an offer as defined in the provisions of the Civil Code, but solely invitation to enter into a contract.


4. Prices in Store are given in Euro (gross, after adding any duties, VAT tax, and other taxes). Pricing does not contain shipping and payment cost- these costs are every time decided upon by Customer at the time of placing the order. The final price in relation to the contract for selling Goods is specified during the process of offer (order) placement, in accordance with §3 section 1 and 2.


5. From time to time the Seller may organise promotions (e.g. promotional activities, contests, etc.) via the Store or grant discounts (e.g. on the basis of discount codes). In such case, if there are no other provisions, the promotions shall not aggregate. Moreover, during promotion, the discount codes shall not be active.


§2

Account registration



1. Customers are offered the possibility of registration in Internet Store, which results in creating user Account.


2. Registration process means:

a) These are: name and surname or company name, shipping address and e-mail address, and in case of entrepreneurs – also the company name and tax identification number (NIP). Optionally, the Customer may also provide: date of birth, phone number, information, who they have found the Store’s website and billing address.

b) acceptance of the terms of use and cookie policy.


3. After filling in the registration form, Customer is sent a message via e-mail to the address provided during registration. Customer is requested to confirm the information by clicking on the attached link. Customer Account is established as soon as the confirmation process has taken place.


4. Customer is entitled to remove the Store account at any time by sending appropriate request at info@mrgugu.com.


5. After logging, the Customer may review data on its Account and use the Store’s functionalities depending on the manager of disposal with the Account. Logging takes place after correct login (that is e-mail address provided during the registration process) and password are provided on the Store’s respective site. The Customer undertakes to maintain confidentiality of set defined password and not allow other people to use their Account.


6. Terminating Account shall not impact validity of earlier legal actions performed by Seller with Customer in Store. 


§3

Placement of orders


1. The Customer may purchase goods via the Store. To do this, the Customer should add individual Goods to “the basket” and then confirm its choice with a click on a respective option available on the Store’s website.

2. Having approved the list of selected Goods, the Customer should:

a) specify the delivery,

b) specify the method of payment,

c) confirm that data provided upon registration of the Account are accurate, and confirm the total price of the Goods (comprising costs of delivery and payment) clicking the button “order with obligation of payment”.


3. Performance of activities referred to in sec. 1 and 2 is equivalent to the Customer’s placement of an offer to the Seller to sell goods in the basket at prices displayed by the system, defined delivery costs, etc. (see sec. 2 letter c, the last subsection above).


4. Upon placement of an offer by the Customer in compliance with sec. 3, an e-mail message is sent to the Customer to the e-mail address provided by the Customer upon registration of an account of a user of the online store, with a written confirmation of the terms and conditions of the offer made (an order).


5. A sale agreement is concluded between the Customer and the Seller upon the Seller’s approval of an offer (order) that was received earlier, in a form of an e-mail message sent to the e-mail address provided upon registration of a user account. The message should contain a copy of this Regulation in the version approved by the Customer and binding for an order concerned, as well as information specified in sec. 2 letters a-c above. Confirmation of placement of an offer (order) referred to is section 4 shall not be equivalent to approval of an offer (order).



§4

Payment


1. The Seller accepts the following modes of payment:

a) cash payment on delivery

b) via PayU system

c) via Paypal system

d) payment card.

The Customer should specify selected mode of payment on the order form.


2. The cost of payment depends on selected mode of payment. The Customer shall be notified on the costs of payment for the Goods concerned before an order is made, in compliance with §3. Moreover, information on the current rates is also available always on the Store’s website.


3. In case of payment via PayU system, Paypal system or a payment card, a payment shall be made before delivery of the Goods, and in case of cash payment on delivery – at the time of delivery of the Goods.


4. In case of the Customer’s delay in payment that is longer than 7 working days from acceptance of an order by the Seller, the Seller shall have the right to cancel the sale agreement referred to in §3 sec. 5 above.




§5

Fulfilment of the order and delivery of Goods


1. The Seller shall commence fulfilment of the Customer’s order immediately after conclusions of an agreement on the sales of Goods subject to the order (in case of cash payment on delivery) or immediately after a payment for Goods is credited on its bank account (in case of the other modes of payment).


2. The manner and address of delivery should be specified by the Customer in the order form.


3. Possible manners of delivery are as follows:

a) postal business parcel,

b) courier delivery (e.g. Fedex, DHL, UPS – to be selected by the Seller).


4. Costs of delivery depend on the selected manner of delivery and selected method of payment (the costs of delivery are higher in case of cash payments on delivery). The Customer is informed about the costs of delivery of given Goods before an order is placed, in compliance with §3. Moreover, information on current rates is available all the time on the Store’s website.


5. In case of orders concerning Goods of a higher value than PLN 250, in case of which payment in advance (that is one of the payment methods referred to in §4 sec. 1 letters b-d) was selected, the Seller shall not charge any additional costs of delivery to the Customer.


6. The period of fulfilment of an order consists of the time of delivery of a parcel to the carrier and the time of transportation of a parcel by a carrier, and shall amount to not more than 21 days from conclusion of an agreement on sale of Goods (acceptance of an order).


7. If it is not possible to fulfil an order in the period defined in sec. 6 above, the Seller may notify the Customer about it via e-mail, at e-mail address provided upon registration of an Account or upon placement of an order, and should return the entire received amount to the Customer, unless the Customer agrees on prolongation of the period of delivery of goods. It refers in particular to Goods requiring customization to the individual needs of the Customer.


8. The address of delivery should be located in the Republic of Poland. The Seller shall not make deliveries outside its borders.




§6

Product liability



1. Seller bears responsibility for faulty Goods in case of Customers who are Consumers in line with the conditions specified in the Law of 27 July 2002 on special conditions of consumer sales and on changes in the Civil Code, and in case of other Customers – in line with the conditions specified in the Law of 23.04.1964 r. – the Civil Code.


2. Faulty goods (complaints) might be submitted via e-mail at info@mrgugu.com or in writing at the Seller’s address provided in §1.

Customer shall, if possible, write the following in the content of the letter of complaint:

a) fault description, including, especially: what the fault is and when it was discovered.

b) the date of revealing the fault.

c) what Customer request is in connection with complaint submission.

- However, lack of any of the above elements in the letter of complaint submitted by Customer who is Consumer shall not preclude consideration of the complaint. Sending complete documentation might however speed the proceedings. 


3. The Seller undertakes to deliver ordered Goods to the Customer according to all specifications presented in the description of the Goods on the Store’s website. It refers mainly to the size of the Goods, their manufacturing, material used for their production and graphical decoration on the Goods.



§7

Consumer’s right to cancel



1. The Customer, who is a consumer, may cancel an agreement on sales of the Goods without a reason. The deadline for cancellation expires upon lapse of 100 days from when the Consumer enters in possession of the Goods or on a day when a third party specified by the Customer, other than a carrier, enters into possession of the Goods.


2. In case of an agreement comprising numerous items, that are delivered separately, in batches or in parts, the period of cancellation of the agreement shall expire upon lapse of 100 days from when the Consumer enters in possession of the last item or on a day when a third party specified by the Customer, other than a carrier, enters into possession of the last item.


3. To comply with the deadlines referred to in sec. 1 and 2, it is sufficient to send a declaration on cancellation of the agreement to the Seller before such deadline.


4. An agreement on sales of Goods shall be cancelled through a clear statement submitted by the Customer to the Seller. Such statement may be made: a) on the form available online at www https://mrgugu.com/pl/page/returns-and-refunds, or b) in a form attached in Appendix no 2 to this Regulation. Use of those forms is not obligatory.


5. If the Customer cancels an agreement on sales of Goods in the manner defined in this article:

a) the Customer shall send the Goods to the Seller at the following address: Czajkowskiego 15 , 43-300 Bielsko-Biała, immediately but not later than within 14 days from when they cancel an agreement on sales of Goods. The Goods should be sent back by the Customer within 14 days to comply with the deadline. The Customer shall cover direct costs of return of the Goods.

b) The Seller shall return all payments received from the Customer, including the costs of delivery of Goods (save for additional costs resulting from the other manner of delivery selected by the Customer that the cheapest delivery offered by the Seller) promptly, that is no later than within 14 days from the Customer’s cancellation of an agreement on sales of Goods.

c) The Seller shall return payments by means of the same method of payment, that was used by the Customer in the original transactions, unless the Customer explicitly accepts another solution. In any case, the Customer shall not pay any charges related to such return.


6. The Seller may suspend return of payment until receipt of Goods or until it receives the evidence confirming that Goods have been sent back, whichever takes place earlier.


7. The Customer shall be held liable for reduction of the value of Goods in result of their use in a different way than necessary to confirm the nature, features and functioning of the Goods.


8. The Customer shall have no right of cancellation referred to in this article in case of agreements specified in article 38 of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827), including agreements, whose subject includes a non-prefabricated item, produced in compliance with consumer’s specification or used for fulfilment of consumer’s individualised needs.




§8

Replacement of Goods


1. The Customer, who is a consumer, may ask the Seller for replacement of the Goods for other same Goods or other Goods available in the Store, with payment or return of a price difference. If it is necessary to return Goods, the Customer shall decide on the form of such return.


2. If the Seller agrees for replacement of Goods, the Buyer shall cover the costs of dispatch.



§9

Privacy policy (personal data protection)


The Seller specified in §1 above shall be the controller of the Customer’s personal data. Customers may contact the Seller on issues related to personal data protection at phone number (+48) 334 867 005 or via e-mail at info@mrgugu.com.


1. The Customer’s personal data will be processed by the Seller in compliance with generally applicable provisions (including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC – hereinafter referred to as GDPR), for the period of activities aimed at accomplishment of purposes, in relation to which the data have been collected.


2. The Seller processes Customers’ data for the purpose of:

a) performance of agreement on selection services, sale agreements of other agreements concluded according to the principles defined in this Regulation, in particular agreements in relation to registration of an Account or placement of orders. In such case, the data are processed based on execution of an agreement with the Customer or undertaking of activities required by the Customer before conclusion of an agreement (article 6 sec. 1 letter b of GDPR),

b) fulfilment of legal obligations imposed on the Seller, in particular in scope of maintenance of proper accounting documents (article 6 sec. 1 letter c of GDPR),

c) promotion of goods and own services, as well as preparation of specification, analyses and statistics and asserting claims. In this case, processing is based on the Seller’s legitimate interest (article 6 sec. 1 letter f of GDPR).


3. Regardless of the foregoing, the Seller may process the Customer’s personal data on the basis of voluntary, specific, aware and explicit consent expressed by the Customer (article 6 sec. 1 letter a of GDPR). In such case, the scope of processing will correspond to the contents of such consent. The consent may be withdrawn any time.


4. Disclosure of personal data by the Customer is voluntary in every case, provided that some data are necessary for the Seller to execute a sale agreement concluded via the Store.


5. The Customer’s personal data may be disclosed to third parties only if the Seller is authorised or obliged to do so by the legal provisions. Recipients of such data may include in particular: persons servicing the infrastructure or IT systems, subcontractors, persons who render services related to execution or improvement of the selling process (e.g. payment intermediaries, banks, advertising agencies, couriers or carriers), as well as consultants (e.g. in respect to accounting or legal services) and auditors.


6. Personal data will not serve as grounds for automated decision making, in particular in respect to profiling performed by the Controller.


7. Personal data will not be delivered to third parties (outside the European Economic Area).


8. The Customer shall have the right to review their data, rectify or delete them, or limit their processing, and also a right to transfer data.


9. The Customer has also the right to object to further data processing by the Seller. The Customer shall be entitled to such right in particular if there are no reasons for personal data processing or if data are processed for direct marketing purposes.


10. If data processing violates legal provisions, the Customer shall be entitled to submit a complaint to the supervisory authority, that is the President of the Data Protection Office.


11. Detailed principles of personal data processing by the Seller may be defined in the privacy policy published within the Store.




§10

Personal data



Technical requirements, prohibition to publish illegal contents, complaints


1. The Seller shall provide the Customers via the Store with a possibility of free of charge use of the following services rendered via electronic means (within the meaning of the Act on Services Rendered via Electronic Means of 18 July 2002, Dz.U.2002.144.1204 as amended), whose contents comprise use of the Store’s functionality, including in particular:

a) providing access to the Store’s contents,

b) registration and maintenance of the Account, including entering into agreements with the Seller on sale of Goods available in the Store,

c) distribution of the newsletter.


2. Seller shall undertake the necessary technical and organizational means to protect the processed personal data.


3. The principles of storage of cookie files in the Customer’s devices by the Seller, as well as the Seller’s access to such files are defined in the Cookie File Policy attached in Appendix no 1 to this Regulation.


4. In case of and in line with the conditions specified in the Law on personal data protection, especially in art. 24 and art. 32-35, Customer is entitled to access their data, correct it or delete it.


5. The agreement on rendering of services referred to in section 1 is concluded by means of the a respective individual request submitted by the Customer for a data transfer by means of the telecom network (which may take place in case of sec. 1 letter a via opening of the Store’s website, and in case of other services specified in sec. 1 – through completion and approval of a respective form in the Store). These agreements shall be terminated after their complete execution, and in case of permanent services – through a termination submitted by any Party any time. A respective statement may be sent to the Seller by the Customer via e-mail at info@mrgugu.com.


6. In each case disclosure of personal data by Customer is voluntary- subject to that fact that some data is essential for Seller to execute the sale contract concluded through Store.


7. Customer personal data might be disclosed to a third party if such right or duties result from the rule of law.



§11

Changes to terms of use


1. Seller is entitled to change the provisions of these terms of use. In such a case:

a) registered Customers shall be informed about the changes via e-mail at the address provided at registration – at least 14 days before the changes are in place.

b) registered Customers shall be asked for acceptance of changes of the terms of use next time they log in.

c) submission of a compliant via the platform of online systems to solve disputes between consumers and entrepreneurs on the EU level (ODR platform) at the following www address of the ODR platform http://ec.europa.eu/consumers/odr/; The Seller’s e-mail address as a potential contact point in such cases is: info@mrgugu.com.


2. Lack of acceptance of the changes in the terms of use is equal to termination of the e-services contract, specified in §9 of these terms of use effective immediately and resulting in terminating Customer’s Account – subject to §10 section 3 below.


3. Changes of the terms of use shall not infringe the rights accrued by Customers; and they shall not impact the placed orders that shall be processed based on the existing terms of use. 



§12

Amendments of the Regulation



1. The governing law applicable for these terms of use, as well as for all contracts concluded under this law (especially for sale contracts for Goods) is the law of the Republic of Poland.


2. The Seller shall have the right to amend the provisions of this Regulation due to important reasons. In such case of Customers who are Consumers whose permanent residence is European Union (except for Denmark) but outside of the Republic of Poland– section 1 is applied to the extent that it shall not exclude application of regulations applicable in the country of permanent residence of Consumer, the ones that shall not be excluded on the grounds of the contract (see Art. 6 of the Directive of the European Parliament and European Council of 17 June 2008 on the governing law applicable for contractual obligations [Rome I, Journal of Laws of .UE.L.2008.177.6]).


3. In the event a dispute arises based on these terms of use or contracts included in its execution shall be settled by Polish common court having jurisdiction in accordance with the applicable regulations.




§13

Contact


The Customer has a possibility to contact the online store, in particular via e-mails sent to e-mail address info@mrgugu.com.




§14

Final provisions



1. The governing law applicable for these terms of use, as well as for all contracts concluded under this law (especially for sale contracts for Goods) is the law of the Republic of Poland.


2. In case of Customers who are Consumers with permanent place of stay in the territory of the European Union (except Denmark) but outside the territory of the Republic of Poland, section 1 shall apply in the scope, in which it does not exclude application of legal provisions applicable in the country of Consumer’s permanent stay, which cannot be excluded in an agreement (see article 6 of the Regulation of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations [Rome I, EU OJ.L.2008.177.6]).


3. In the event a dispute arises based on these terms of use or contracts included in its execution shall be settled by Polish common court having jurisdiction in accordance with the applicable regulations.  








Appendix no 1 to the Regulation - Cookie Policy

 


§1

Definitions


1. This Policy defines the principles of storage of information by the Seller and the Seller's access to information already stored on Customer's devices in form of cookie files.

2. All terms, which have been defined in the Regulation, shall have the same meaning in this Policy. Moreover, the following terms shall have the meaning defined below:


a) Cookies - mean IT data, in particular short text files, that are recorded and stored on devices used by the Customer to enter the Store.

b) Own Cookies - mean Cookies placed by the Seller, in relation to services rendered via electronic means by the Seller via the Store.

c) Foreign Cookies - mean Cookies placed by third parties via the Store's website.

d) Policy– this Cookie Policy, which forms Attachment no 2 to the Regulation.

e) Device - means an electronic device used by the Customer to obtain access to the Store.



§2

Cookie files

 

1. By means of cookie files, the Seller stores information on the User's Device or obtains access to information that has been already stored, in compliance with the principles defined in the Policy.


2. The Seller uses the following types of cookie files:

a) Session cookies: they are stored in the Customer's Device and remain there until the end of session of a given browser. Then the recorded information is permanently deleted from the memory of the Device.

b) Permanent cookies: are stored in the Customer's Device and remain there until their deletion. They are not deleted from the Device at the end of a session of a browser or after the Device is switched off.

 


§3

Using of cookie files


1. The Seller uses Own Cookies to adjust the contents of the Store to preferences and needs of the Customer, taking into account in particular a type of Device, by means of which the Customer uses services of the Store.


2. The Seller uses Foreign Cookies for the purpose of collective statistics and analyses used for monitoring of the manner of use of the Store by Customers, which enables possibly best adjustments to the needs of Customers. In this respect the Seller uses Google Analytics services, within the scope of which the information on origin of users identified by their IP is read, recorded and sent to a secured Google server upon opening of the Store. Google Analytics does not collect any private data. Detailed information on the issue is available on Google's website (https://policies.google.com/technologies/types?hl=pl).


3. The Seller's use of cookies does not entail changes in the configuration of the Customer's Device and software installed in the Device.

 


§4

Deactivation or limitation of use of cookies

 

1. The Customer has a possibility to limit or deactivate access of cookie files to its Device in the Internet browser settings or though configuration of the service, in particular in a way blocking automatic handling of cookie files or informing on every fact of recording of cookie files in the Customer's Device. Detailed information on possibilities and ways of handling cookie files is available in software (Internet browser) settings. Description of actions necessary for this purpose may be found on websites of manufacturers, e.g.:

a) Mozilla Firefox: https://support.mozilla.org/pl/kb/W%C5%82%C4%85czanie%20i%20wy%C5%82%C4%85czanie%20obs%C5%82ugi%20ciasteczek

b) Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=pl

c) Microsoft Edge: https://privacy.microsoft.com/pl-pl/windows-10-microsoft-edge-and-privacy


2. The Customer may delete cookie files any time.


3. Limitations of use of cookies or deletion of existing cookies may affect some functionalities available in the Store.



 

Appendix no 2 to the Regulation - Withdrawal form (this form should be completed and sent only if you wish to withdraw from the agreement)

 

 

Addressee: Jakub Chmielniak

performing business activity under legal name of "LETHE Jakub Chmielniak

Czajkowskiego 15, 43-300 Bielsko-Biała

 

I/we (*) hereby inform(*) about my/our  withdrawal from the sale agreement concerning the following items (*):

 

....................................................................................................................................................

....................................................................................................................................................

....................................................................................................................................................

....................................................................................................................................................

....................................................................................................................................................

 

Date of conclusion of the agreement (*)/receipt(*)

 

 

 

 

Name and surname of the consumer(s)

 

 

 

 

Address of the consumer(s)

 

 

 

 

Signature of the consumer(s) (only if the withdrawal form is on paper)

 

 

Date

 

 

 

 

 *Delete as appropriate

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