Statute
MARI PRETI ONLINE STORE TERMS AND CONDITIONS
§1 Definitions
- Working Day – any day other than a Saturday or a public holiday;
- Customer – User or Buyer;
- Civil Code – Act of 23 April 1964, Civil Code;
- Consumer – a natural person who enters into a legal transaction with the Seller not directly related to their business or professional activity;
- Account – a panel for Customers, created within the IT structure of the Store, enabling the use of its functionalities, in particular the purchase of Goods;
- Buyer – a person who is a Consumer, Entrepreneur, or Entrepreneur with Consumer Rights, who has entered into a Sales Agreement with the Store Owner or has taken steps to conclude it;
- Newsletter – an electronic distribution service provided by the Store Owner via email, enabling all Users to automatically receive periodic content from the Store Owner containing information about Goods and promotions conducted within the Store;
- Privacy Policy – a document containing information about the processing of Customers' Personal Data by the Store Owner;
- Entrepreneur – a natural person, legal person, or organizational unit without legal personality, to whom specific provisions grant legal capacity, conducting business or professional activity on their own behalf;
- Entrepreneur with Consumer Rights – a natural person running a sole proprietorship, registered in the Central Register and Information on Economic Activity (CEIDG), entering into an agreement with the Store Owner directly related to their business activity, where the content of this agreement indicates that it does not have a professional character for them, resulting in particular from the subject of their business activity;
- Terms and Conditions – these Terms and Conditions for the provision of electronic services within the Store;
- Store – the online service available at www.maripreti.com, through which the Customer can, in particular, place Orders;
- Goods – products sold through the Store;
- Sales Agreement – an agreement concluded with a consumer at a distance within an organized distance selling system, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement, concluded on the basis and under the conditions specified in the Order;
- Account Management Service – a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Store Owner for the User;
- Consumer Rights Act – Act of 30 May 2014 on consumer rights;
- Electronic Services Act – Act of 18 July 2002 on the provision of electronic services;
- User – a person who is a Consumer, Entrepreneur, or Entrepreneur with Consumer Rights, who has entered into an Account Management Service agreement with the Store Owner or has taken steps to conclude it;
- Store Owner – MAZU sp. z o.o. with its registered office in Warsaw, at: ul. Ludwika Rydygiera 15/127, 01-793 Warsaw, KRS: 0001048390, REGON: 525801610, NIP: 5252964800;
- Order – a declaration of will by the Buyer directly aimed at concluding a Sales Agreement, specifying in particular the price, type, and quantity of Goods.
§ 2 General Provisions
- The Terms and Conditions define the terms and conditions of using the Store.
- Contact with the Store Owner is possible:
- via email correspondence, to the email address: customercare@maripreti.com,
- via conventional mail, to the address: ul. Ludwika Rydygiera 15/127, 01-793 Warsaw.
- Before starting to use the Store, every Customer is obliged to read these Terms and Conditions and the Privacy Policy.
§ 3 Technical Requirements
- Using the Store is possible provided that the following minimum technical conditions are met:
- internet connection,
- a computer, laptop, or other multimedia device with internet access,
- access to email,
- an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge,
- cookies and JavaScript support enabled in the web browser.
§ 4 Rules for Using the Store
- Orders can be placed via the Store by Consumers, Entrepreneurs, or Entrepreneurs with Consumer Rights, registered on the Website, as well as by persons who do not wish to register (placing Orders as a guest). For persons placing Orders and concluding Sales Agreements as guests, the provisions concerning the Buyer apply, with the exception that they do not have access to the Account functionalities related to the conclusion of the agreement.
- Registration takes place by completing the registration form available under the tab https://maripreti.com/pl/account/login after clicking the "Create account" option and sending it to the Owner by clicking the "Create" button.
- The Owner may deprive a Customer of the right to use the Store or limit their access to some of the functionalities offered by the Store if the Customer violates the provisions of these Terms and Conditions, and in particular if the Customer:
- provided untrue, inaccurate, or outdated data during the registration process, which is misleading or infringes the rights of third parties,
- infringed the personal rights of third parties through the Store,
- committed other acts that the Store Owner deems inconsistent with generally applicable law, good practice, or infringing the Store Owner's rights.
- It is forbidden for the Customer to provide content of an unlawful nature.
§ 5 Conclusion of the Sales Agreement
- To conclude a Sales Agreement, the Buyer should perform the following actions:
- click the "Buy now" or "Add to cart" button on the product page they wish to purchase,
- fill in the order form,
- click the "Pay now" button, which finalizes the Order and entails an obligation to pay.
- Payment by the Customer can be made via.
- the Przelewy24 service.
- The Buyer is obliged to make the payment within 3 (three) Working Days from the date of concluding the Sales Agreement.
- The essential provisions of the Sales Agreement for Goods are recorded, secured, made available, and confirmed to the Customer by sending relevant information to the provided email address. Additionally, an electronic receipt for individuals or a VAT invoice for companies will be sent via email correspondence.
- Prices visible in the Store are given in Euros or Polish Zloty and include VAT, according to the rates applicable in the Republic of Poland. If, based on the Order, the Goods are to be shipped outside the European Union, VAT will be deducted from the final price of the Goods.
- The Store Owner provides the Customer with the following delivery or collection methods for the Goods:
|
Destination |
Delivery Method |
Shipping Cost |
Delivery Time |
|
Poland |
DPD |
0 PLN |
1-2 working days |
|
Poland |
InPost courier/ parcel locker |
0 PLN |
1-2 working days |
|
EU |
DHL |
50 PLN |
1-3 working days |
|
Liechtenstein, Switzerland, Norway |
DHL |
120 PLN |
1-3 working days |
|
Rest of the world |
DHL |
250 PLN |
1-4 working days |
- The shipping cost of the Goods is covered by the Buyer, paying it simultaneously with the payment for the Goods.
- For orders within Poland, free shipping applies to purchases over PLN 1000.
- Shipping of Goods takes place within 1-3 Working Days from the date of payment for the Goods being credited to the Store Owner's bank account. If the shipping of Goods cannot take place within the period specified in the preceding sentence, the Store Owner will inform the Buyer, indicating at the same time the new shipping date for the Goods.
- Delivery conditions, including the delivery date of a given Good, will be specified in the content of the Order each time. Additionally, the Buyer has the option to track ongoing deliveries using the Account's functionalities. After the items covered by the Order are delivered to the courier, the Buyer will receive an email with shipping confirmation and delivery details.
- Local customs duties, taxes, and other fees may apply to the receipt of Goods, which are not included in the price of the Goods or their shipping costs. For detailed information on the above, the Customer should contact the local customs office to obtain information regarding the shipment of Goods from the territory of the European Union to the Customer's country of residence.
- For deliveries of Goods outside the territory of the European Union, the Store Owner is not responsible for the Buyer's inability to receive the parcel containing the Goods due to the Buyer's failure to comply with their legal obligations or their failure to cover costs resulting from additional customs fees.
- All products purchased by the Customer under the Sales Agreement are shipped from the territory of the Republic of Poland.
- The Store Owner processes and ships products covered by Orders during warehouse working hours, i.e., from 08:00 to 16:00 CET on Working Days.
- Information presented in the online store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code, and placing an order by the Customer is not equivalent to concluding a sales contract.
The sales contract is concluded when the Seller confirms acceptance of the order for processing.
§ 6 Account Management Service Agreement
- After creating an Account, the Store Owner sends the User a password and other data via email, which the User can use to access the Account.
- Through the Account, the User can, in particular:
- place Orders,
- subscribe to receive the Newsletter,
- monitor placed Orders and ongoing deliveries.
- The User may terminate the Account Management Service agreement at any time and without giving any reason, with immediate effect.
- The above does not exclude the right, referred to in the Consumer Rights Act, according to which the User may withdraw from the Account Management Service Agreement without giving any reason, within 14 (fourteen) days from the date of its conclusion.
- Withdrawal from the Account Management Service Agreement or its termination, regardless of the basis for this action, occurs by the User submitting a declaration of withdrawal from the Account Management Service Agreement or its termination to the Store Owner. The declaration mentioned in the preceding sentence may be sent:
- via email correspondence, to the email address: customercare@maripreti.com,
- via conventional mail, to the address: ul. Ludwika Rydygiera 15/127, 01-793 Warsaw.
§ 7 Complaints
- Complaints regarding the performance of the Sales Agreement, including Goods, as well as the Account Management Service, can be submitted, among others:
- via email correspondence, to the email address: customercare@maripreti.com,
- via conventional mail, to the address: ul. Ludwika Rydygiera 15/127, 01-793 Warsaw.
- A complaint should contain:
- the Customer's first and last name,
- the Customer's email address,
- justification for the complaint,
- the content of the Customer's request.
- After considering the complaint, the Store Owner provides the Customer with a response to the complaint, in which:
- accepts the complaint and indicates the planned deadline for bringing the subject of the service into conformity with the concluded agreement,
- refuses to bring the subject of the service into conformity with the concluded agreement if this is impossible or would require the Store Owner to incur excessive costs,
- rejects the complaint as unfounded.
- The Store Owner provides a response to the complaint via email within 14 (fourteen) days of its receipt.
§ 8 Right of Withdrawal
- The Buyer has the right to withdraw from the Sales Agreement within 14 (fourteen) calendar days, without giving any reason and without incurring costs.
- The 14-day (fourteen-day) period for withdrawal from the Sales Agreement begins on the day following the receipt of the Goods by the Buyer.
- To exercise the right of withdrawal from the Sales Agreement, the Buyer is obliged to inform the Store Owner of their decision by means of an unequivocal statement.
- The statement mentioned above can be made, among others:
- via email correspondence, to the email address: customercare@maripreti.com,
- via conventional mail, to the address: ul. Ludwika Rydygiera 15/127, 01-793 Warsaw.
- An example template for the withdrawal form from the Sales Agreement is included in Annex 2 to the Consumer Rights Act, as well as in the Annex to the Regulations.
- To meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Buyer to send a statement concerning the exercise of their right to withdraw from the Sales Agreement before the expiration of the withdrawal period.
- In the event of withdrawal from a distance contract, the contract is considered null and void.
- The Shop Owner is obliged to promptly, no later than within 14 (fourteen) calendar days from the date of receiving the Buyer's statement of withdrawal from the Sales Agreement, refund to the Buyer all payments made by them, including the costs of delivering the Goods. The Shop Owner shall refund payments using the same payment method used by the Buyer, unless the Buyer has expressly agreed to a different refund method that does not involve any costs for them.
- If the Shop Owner has not offered to collect the Goods from the Buyer themselves, they may withhold the refund of payments received from the Buyer until they receive the returned Goods or until the Buyer provides proof of their dispatch, whichever occurs first.
- The Buyer is obliged to return the Goods to the Shop Owner promptly, no later than within 14 (fourteen) calendar days from the day on which they withdrew from the contract, unless the Shop Owner offered to collect the Goods themselves. To meet the deadline, it is sufficient to send back the Goods before its expiry.
- In the case of a return, the Buyer may follow the return instructions via the same carrier that delivered the Goods and register the return HERE before sending the Goods. The Buyer may also use another shipping option, in which case they send back the Goods at their own expense and risk, unless they choose the cheapest shipping option available.
- For returns from outside the European Union, the Buyer is responsible for the package until it reaches the Shop Owner. In the aforementioned cases, the Buyer covers all additional costs associated with the return, which result from generally applicable regulations, including any additional customs costs.
- Goods returned by the Customer must be sent back in their original condition, without signs of wear or washing, and with tags attached.
- The Buyer is liable for any diminished value of the Goods resulting from their use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Goods.
§ 9 Amendments to the Regulations
- The Service Owner is entitled to amend these Regulations in the event of:
- changes in the data of the Shop Owner,
- changes in the business scope of the Shop Owner,
- the Shop Owner starting to provide new services, modifying existing services, or ceasing to provide them;
technical modifications to the Shop requiring adaptation of the provisions of the Regulations, - a legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
- Customers will be informed about amendments to the Regulations by publishing their amended version on the Shop's website. The amended version of the Regulations will be sent to Users via email.
- Agreements for the supply of Goods concluded before the date of publication of the new Regulations on the Shop's website shall be governed by the provisions of the Regulations then in force.
- A User who does not agree to an amendment of the Regulations may terminate the Account Service Agreement with immediate effect within 7 (seven) days from the date of receiving the amended version of the Regulations via email. Failure to terminate is considered as consent to the amendment of the Regulations.
- Termination of the Account Service Agreement occurs by the User submitting a statement of termination of this Agreement to the Seller.
- Immediately upon receipt of the statement referred to in paragraph 5 above, the Seller shall delete the Account.
§ 10 Dispute Resolution
- Any disputes arising between the Shop Owner and a Customer having the status of a consumer within the meaning of Article 221 of the Civil Code shall be resolved by courts competent according to the provisions of the relevant Civil Procedure Code.
- The consumer has the following exemplary options for out-of-court complaint handling and claim enforcement:
- They are entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), for resolution of a dispute arising from an Agreement concluded with the Shop Owner.
- They are entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), for the initiation of mediation proceedings aimed at amicable settlement of the dispute between the Consumer and the Shop Owner.
- They can obtain free assistance regarding the resolution of a dispute between them and the Shop Owner, also by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers).
- Detailed information concerning the possibility for the Consumer to use out-of-court complaint handling and claim enforcement methods, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and the Office of Competition and Consumer Protection.
- In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Shop Owner, as an entrepreneur based in the European Union concluding online sales contracts or service contracts, hereby indicates the internet address of the ODR (Online Dispute Resolution) platform enabling out-of-court dispute resolution: https://ec.europa.eu/consumers/odr.
§ 11 Final Provisions
- In matters not regulated by these Regulations, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, and other relevant provisions of Polish law shall apply.
- The current version of the Regulations is effective from May 10, 2024.