Terms and conditions of online shop - www.mongolian.pl
These rules determine general conditions, means of providing electronic services and selling conducted through online shop, www.mongolian.pl. The shop is run by Szymon Tomaszewski engaged in an economic activity under the name TST Szymon Tomaszewski Ltd. entered into the register of entrepreneurs of Central Register and Information on Economic Activity kept by the Minister of Entrepreneurship and Technology at 16 Kasztelańska Street, 86-014 Dąbrówka Nowa, TIP: 5542980813, CRN: 340197108, hereinafter referred to as seller.
Contact with the seller is possible via:
e-mail: sklep@mongolian.pl
telephone: +48 509 585 956
These rules are constantly available on the website: www.mongolian.pl, in a way that allows to obtain and reproduct them or keep their content by printing or saving at any time.
The seller informs that the use of electronic services may be involved a threat at the side of any web user, consisting in possibility of introducing to the client’s electronic system of malicious software and gaining or modification of his data by unauthorized persons. In order to avoid this risk, the above-mentioned client should use proper technical means which will minimize its occurrence, in particular, antivirus programmes and firewall protection.
II. DEFINITIONS
Terms used in T&Cs mean:
- Working days – days from Monday to Friday, excluding public holidays.
- Client - refers to a natural person, legal person, or an organizational entity that is not a legal person and whose specific regulations assign legal capacity and which places an Order at the Online shop or uses other services available at Online Shop.
- Civil Code - the Act of 23 April 1964 (Journal of Law no. 16, item 93 with amendments)
- Account - designed part of online shop for a particular customer by means of which the customer can do specific things within online shop.
- Consumer - a customer who is a consumer as defined in Article 22[1] of the Civil Code.
- Enterpreneur - a customer who is also an entrepreneur as defined in Article 43[1] of the Civil Code.
- Terms & Conditions - present document
- Good - a product that is presented in Online Shop, which description is available at each of presented products.
- Sale contract - an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer
-Services - electronic services provided by the Seller for the Customers within the meaning of the Act of 18 July 2002 on electronic services (Journal of Law No 144, item. 1204).
- Consumer Rights Directive - refers to the directive dated May 30 of 2014, regarding consumer rights (Journal of Laws, dated 2014, Item 827)
- The Law of Provision of Electronic Services - refers to the law dated July 18 of 2002, regarding the provision of electronic services (Journal of Laws, N. 144, Item 1204, as amended)
- Order- a Client's declaration of intent aiming directly at concluding a Sales Agreement determining in particular the type and the number of purchased Goods.
III. Rules for using Online Shop
Using Online Shop is only possible when ICT system that the Customer is using, fulfils the following requirements:
- computer or an electronic device with internet access
- access to email
- Internet browser: Internet Explorer 11 or higher, Firefox 28.0 or higher, Chrome 32 or higher, Opera 12.17 or higher, Safari 1.1 or higher
- switching on cookies and Javascript in a web browser.
- Using the Online Shop means each action of the Customer, which leads to familiarize with content in the shop.
The Customer shall in particular be obliged:
- Not to send or forward any messages whose content is banned under mandatory provisions of law, e.g. messages which popularize violence, infringe personal and other rights of third parties, as well as slander third parties
- To use the Online Shop in a way that won’t disturb its functioning, in particular by using certain software or device.
- Lack of actions, such as: sending or placing within the framework of the Online Shop unsolicited commercial information(spam)
- To use the Online Shop in a way that will be non-arduous for other Customers and the Seller.
- To use any content available within the framework of the Online Shop only to the extent of personal use.
- To use the Online Store in accordance with the currently effective Polish provisions of law, provisions contained herein as well as general rules of the Internet use.
IV. Services
- The Seller enables through the Online Shop using free services which are provided by the Seller 24 hours a day, 7 days a week.
- Account management service in the Online Shop is available after registration. Registration shall be performed by completing and accepting a registration form, provided at one of the Store's pages. Service contract consisting in account management in the Online Shop shall be conducted for an indefinite period and shall terminate at the time of sending the request of removing the account by the Consumer or clicking “Delete my account”.
- The Seller has the right to organize occasional competitions and sales, which conditions will each time be posted on the Shop websites. Sales in the Online Shop shall not be combined, unless terms of a given sale provide otherwise.
Should the Consumer breach the conditions of these rules, the Seller after previous ineffectual call for stopping or removing breaches, with the designation of reasonable time, can terminate the service contract with a notice period of 14 days.
V. Procedure of concluding a Sale Contract
- Information about the Goods presented on the Online Store website, in particular their descriptions, technical and performance parameters as well as prices, constitute an invitation to conclude an agreement as defined in Art. 71 of the Civil Code.
- All the products available in the Online Shop are brand new, free of physical or legal defects, and have been legally placed on the Polish market.
- To place an order an active email account is needed
- In case of placing an order through order form available on the Online Shop website, the order is placed to the Seller by the Consumer in electronic form and is an offer of concluding Sale Contract of the Goods, being the subject of the order. Offer made in electronic form is binding on the Customer, if the Seller will send on a given by the Customer email confirmation of the order, which is the Seller statement about accepting the Customer’s offer and at the time of receiving it by the Customer, a contract is concluded.
- The Sale Contract is concluded in Polish in accordance with the Terms & Conditions.
VI. Delivery
- Delivery of goods is limited to the territory of the Republic of Poland and is delivered to the address mentioned by the Client while placing the order.
- Delivery time - to 14 working days. If the product is available from hand, it is send within 2 days.
An exception is an order of products not available from hand. In this case the shipping takes place within 2 weeks from placing the order and delivery time reaches to 28 working days.
The Client can choose from the following delivery types of ordered goods
- Through courier company
- The Seller informs the Customer on Shop’s website in the description of the product about the number of working days needed to accomplish and deliver the order and also about the costs of delivery.
- The Seller, in accordance with the will of the Customer, shall attach to the Goods being the subject of delivery either a receipt or an invoice covering the delivered goods..
- If a different order fulfillment time is foreseen for the Goods covered by the order, the longest time is valid for the whole order.
VII. Prices and methods of payment
Goods’ prices are given in pounds and include VAT, duties and other charges.
The Customer can choose from the following payment methods
- Transfer to the Seller account (in this case order fulfillment will be initiated together with sending order confirmation to the Customer by the Seller and the shipping shall be done immediately after receiving the money to the Seller account and completion of the order.
- gotówką przy odbiorze osobistym - płatność w punkcie odbioru osobistego Sprzedawcy (w tym przypadku realizacja Zamówienia zostanie dokonana niezwłocznie po przesłaniu Klientowi przez Sprzedawcę potwierdzenia przyjęcia Zamówienia, zaś Towar wydany zostanie w punkcie odbioru osobistego Sprzedawcy);
- electronic payment (in this case order fulfillment shall be initiated after sending by the Seller to the Customer order confirmation and after receiving by the Seller information from the agent’s paying system about the payment made by the Customer , and the shipping shall be made immediately after completion of the order)
- The Seller informs the Customer about the time in which he is obligated to pay for the order, at the Shop’s website. In case of lack of payment by the Customer in time mentioned above, the Seller can after previous ineffectual request for payment with the designation of appropriate time withdraw from the contract under Article 491 of the Civil Code.
VIII. Right of withdrawal from the contract
- The Customer who is a Consumer may withdraw from the Contract without providing the reasons through submission of appropriate statement within 14 days. To comply with this deadline is enough to send a statement before its expiry.
- The Customer can formulate the statement on his own or use model statement of withdrawal from the Contract attached to the T&C in Appendix 1.
- The 14-day period shall run from the day on which the goods were delivered or in case of the Service Contract from the day of its conclusion.
- The Seller at the time of receiving the statement of withdrawal from the Contract by the Customer shall send the confirmation of receiving the statement of withdrawal from the Contract to Customer’s email.
The Right of withdrawal from the contract by the Customer is excluded in case of:
- the provision of services, if the Seller has fully provided the service with the Consumer’s express consent, who was informed prior to the start of services, that after the services fulfillment by the Seller he will lose his right to withdrawal from the contract.
- Contracts in which the price depends on fluctuations in the financial market ,which are beyond the Seller’s control and which may occur before the time limit for withdrawal from the contract expires;
- A contract in which the object of performance is good delivered in a sealed package which cannot be returned after opening due to health protection reasons or hygienic reasons, if the package was unsealed after delivery;
- A contract in which the object of performance is good which is liable to deteriorate or expires rapidly.
- A contract in which the object of performance is good delivered in a sealed package which cannot be returned after opening due to health protection reasons or hygienic reasons, if the package was unsealed after delivery;
- A contract in which the object of performance are goods, which after delivery, by their nature, are inseparably connected to other things;
- A contract in which the object of performance are alcoholic beverages which price was agreed at the conclusion of the contract and which delivery may occur only after 30 days and which worth depends on market fluctuations, which are beyond the Seller’s control;
- A contract in which the Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance; if the Seller additionally provides other services than those which the Consumer requested or delivers other goods than the spare parts needed to perform the repairs or maintenance, the Consumer has the right of withdrawal from the Contract with respect to additional services or goods.
- A contract in which the object of performance are audio or visual recordings or computer softwares delivered in a sealed packaging, if were unsealed after delivery; provision of newspapers, periodicals or magazines, with the exception of the subscription agreement;
- A contract concluded by public auction;
- The provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
- A contract of digital content that is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller of the loss of the right of withdrawal;
- In case of withdrawal from a distance contract, the contract is considered as not concluded. What the parties have provided is reimbursed in the unaltered state, unless a change was necessary to determine the nature, characteristics and functionality of the goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller’s address.
- The seller shall return to the consumer all payments made by him, including the costs of delivery of the goods, immediately, not later than within 14 days from the date of receipt of the statement of withdrawal from the contract. The Seller shall refund the payment using the same method of payment which was used the customer, unless the Customer has expressly agreed to a different way of return, which does not incur any costs on the Customer. The seller may delay the refund until the Product or evidence of sending Products back is received, depending on which event happens earlier.
- The buyer does not bear the cost of returning the goods. The return is organized by the seller through a parcel locker in Poland or collection by a DPD courier outside Poland.
- If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The return referred to above is allowed only in the case of unchanged goods, unless the change was necessary within the scope of ordinary management. The return can be made in the original packaging, if the goods were in the packaging. The goods should be properly secured. The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- What was provided by the Parties will be returned immediately, not later than within 14 days. The money will be returned to the Buyer by bank transfer to the bank account number indicated in the Return Form.
IX. Complaints regarding the Goods under warranty
- The Seller undertakes to deliver good without defects.
- The Seller is responsible towards the Buyer under warranty for defects under the terms of Art. 556-557 of the Civil Code. In relation the Customers who are Consumers warranty is excluded.
- The complaints resulting from the violation of the Client's rights that are guaranteed by the law or by these Regulations, should be directed to; TST Szymon Tomaszewski Ltd., 16 Kasztelańska Street, 86-014 Dąbrówka Nowa, via e mail: sklep@mongolian.pl or to the phone number +48 509 585 956.
- In order to consider the complaint, the customer notifies the seller by e-mail by sending a complaint form with photos of defective products.
-The Seller undertakes to respond to each complaint within 14 days.
- In the case of lack of complaint, the Seller shall call the Customer to complete it to the extent necessary immediately, but not later than within 7 days of receipt of the request by the Customer.
X. Complaints regarding the provision of electronic services.
- The Customer may submit complaints to the Seller about the functioning of the Shop and the use of the Services. Complaints may be submitted in writing to the following address: Mongolian wool & cashmere, ul. Ogrodowa 3, 86-014 Kruszyn, to the e-mail address: sklep@mongolian.pl, telephone number + 48 509 585 956.
- In the complaint, the Customer should write his name and surname, correspondence address, type and description of the problem.
- The Seller obligates to consider each complaint within 14 days and if it is not possible, to inform the Customer during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will request the Customer to complete necessary information within 7 days from the date of receipt of the request by the Customer.
XI. Guarantees
The Goods may have guarantee of producer, seller or importer.
In the case of Goods covered by the warranty, the information concerning the existence and content of the guarantee and time for which it was granted is always presented on the Internet Store in the product description.
XII. Out of court ways of handling complaints and asserting claims
A Customer who is a consumer may seek the following extrajudicial ways to handle their complaint and redress:
- he is entitled to request to Permanent Consumer Arbitration Court operating at Trade Inspection to resolve a dispute resulting from concluded Sale Agreement
- is entitled to request to Voivodeship Trade Inspection Inspector making a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller.
- The customer can obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free help of the county (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (eg Consumer Federation, Polish Consumer Association). Relevant advice is provided by the Consumer Federation and by the Polish Consumers Association at a toll-free consumer hotline number 800889866 and via e mail : porady@dlakonsumentow.pl
- make a complaint through the ODR eu online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Protection of personal data
Provided by the Customers personal data is collected and processed by the Seller according to applicable provisions of law and privacy policy, which is annexed as Attachment No.2 to T&C.
XIV. Postanowienia końcowe
- All and any rights to Online Shop, including copyrights, intellectual property rights to its name, internet domain, Online Shop website and also forms and logotypes belong to the Seller and their use may take place only in a certain way, in compliance with Regulation.
- Settlement of any disputes between the Seller and the Customer, who is a Consumer shall be referred to the competent court, in accordance with the relevant provisions of the Civil Code Procedure.
- Settlement of any disputes between the Seller and the Customer, who is a Consumer shall be referred to the competent court due to the registered office of the Seller.
- Matters not regulated herein shall be regulated by the Civil Code, the provisions of the Act on electronic services and other relevant provisions of Polish law.
- About any changes to this Regulation each Customer will be informed through information on the main page of the Online Shop including statement changes and their deadline for entry into force. The Customers owning an account will be additionally informed about changes along with their statement on the indicated email. The deadline for entry into force will be no longer than 14 days of their announcement. In the event that the Customer owning Customer’s account does not accept the new content of the Regulation, he is obliged to inform the Seller within 14 days of being informed about the change of the Regulation. Informing the Seller about the lack of acceptance of the new content of the Regulation results in termination of the contract.
Customer complaint form
Provision of services complaint form
Witdrawal from the contract form
Witdrawal from provison of services contract form