Terms and conditions of Matiére47 online store
§I GENERAL PROVISIONS
1.1. The Matiére47 online store, operating at https://matiere47.com (hereinafter referred to as the “Store”), is run by: Flaminika with its registered office in Warsaw (registered address: ul. Działdowska 11/1, 00-184 Warsaw), registered in National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000682060, with NIP number 1182146849, REGON number (hereinafter: the Company).
The warehouse, shipment of goods and receipt of returns and complaints are carried out by the Company.
1.2. These regulations specify the rules for using the Store, the conditions for placing orders for products in the Store, the time and rules for order processing, the terms and forms of payment, the Customer’s rights to cancel the order and withdraw from the contract, and the rules for submitting and considering complaints.
1.3. The store conducts retail sales via the website using means of distance communication. In order to use the Store, you must be over 18 years of age and:
- having access to the Internet;
- having an e-mail address;
- installing the latest version of the web browser;
- installing the Flash Player plug-in;
- acceptance of cookies.
1.4. The Customer is entitled and obliged to use the Store in accordance with its intended purpose and the principles of social coexistence and good manners.
1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its technical elements, and from providing illegal content. It is prohibited to use it for purposes other than its intended purpose, including in particular sending spam, conducting any commercial, advertising, promotional, political activity on the Store’s website, etc.
1.6. To the fullest extent permitted by law, the Store is not liable for disruptions, including interruptions, in operation caused by force majeure, unauthorized actions of third parties or incompatibility of the Store with the Customer’s technical infrastructure.
1.7. Browsing the Store’s assortment does not require registration and placing orders by the Customer for products included in the Store’s assortment does not require registration.
1.8. The Buyer, at the latest at the time of placing the order, is obliged to read the Regulations and by placing the order confirms that he has read them.
§II CONDITIONS AND ORDER COMPLETION TIME
2.1. All announcements, advertisements, price lists and other information posted on the Store’s website do not constitute an offer within the meaning of the provisions of the Civil Code, but an invitation to conclude a contract (Article 71 of the Act of February 17, 2016, Civil Code (Journal of Laws of 2016 item 380, as amended)
2.2. The customer places an order, indicating the products he is interested in, by selecting the “Add to cart” command on the Product Page, and then indicating the method of collection and payment in the cart and confirming the order. The sales contract for the products covered by the order is deemed to be concluded between the Buyer and the Seller when the Seller confirms the acceptance of the order.
2.3. In the Cart, the Customer has the opportunity to:
- adding and removing products and their quantities;
- indicating the address to which the subject of the order is to be delivered and data necessary to issue an invoice;
- selection of delivery methods (InPost parcel lockers, courier);
- select payment method (Przelewy24 and bank transfer);
- adding a discount code.
2.4. If there is a justified suspicion that the Customer has provided false data, the Store has the right to withdraw from the order by notifying the Customer.
2.5. The purchased goods are shipped within the deadline specified in the product card of a given product (including the card of an individual product upon order), as well as in the e-mail confirming the purchase, and this deadline is counted from the moment of confirmation of payment on the Store’s account.
2.6 The purchased goods are sent in envelopes or boxes that do not have any markings that could suggest the contents of the shipment and are sent by a neutral sender whose name is not related to the industry.
2.7. Orders can be placed electronically 24 hours a day, all year round. Orders placed on Saturdays, Sundays and public holidays will be processed only on the next business day.
2.8. The store reserves the right to temporarily suspend its operations for the purpose of carrying out maintenance, development and modernization works.
2.9. If the Customer chooses the payment method through intermediaries in the transaction (Przelewy24 website), failure to pay within 5 days of placing the order will result in the cancellation of the order. In such a situation, the Customer can place the order again. The execution of an order paid by bank transfer or credit card begins upon receipt of payment for the goods.
2.10. If the execution of part of the order is not possible, the Store may offer the Customer:
2.10.1. cancellation of the entire order (if the Customer selects this option, the Store will be released from the obligation to complete the order);
2.10.2. canceling the order in the part in which execution is not possible within the specified period (if the Customer selects this option, the order will be partially fulfilled, and the Store will be released from the obligation to fulfill it in the remaining scope);
2.10.3. implementation of a substitute service, which will be confirmed with the Customer. An order based on a substitute service, after approval by the Customer, will be treated as final;
2.10.4. dividing the order and setting a new deadline for the part of the order that cannot be completed within the originally set deadline (if the Customer selects this option, the products constituting the order will be sent in several separate shipments, and the Customer will incur additional costs related to dividing the order into several shipments).
2.11. If the ordered product is not available in the Store or the Customer’s order cannot be processed for other reasons, the Store will inform the Customer about this by sending information to the e-mail address provided during registration within 7 (seven) days from the date of conclusion of the contract.
2.12. If payment for the subject of the order, which could not be completed in whole or in part, was made in advance, the Store will refund the paid amount (or the difference) to the Customer within 14 (fourteen) days from the date of sending the information, on the terms detailed in these Regulations.
2.13. If the Customer provides incorrect or inaccurate data, in particular an incorrect or inaccurate address, the Store is not liable for non-delivery or delay in delivery of the subject of the order to the fullest extent permitted by law.
2.14. The Store may post on the Store’s website presenting a given product information about the number of business days, i.e. weekdays from Monday to Friday, excluding public holidays, during which the shipment with the subject of the order will be sent. The above-mentioned information is the approximate time counted from the moment the order is accepted for processing until the subject of the order is sent to the Customer in the manner chosen by him. The order processing time is given taking into account the date of completion of all ordered products.
2.15. Individual orders (made to order) can be placed via the Store’s e-mail address, by phone or by selecting the “Add to cart” option on the Product Page, and then indicating the pickup and payment method in the Cart and confirming the order. In such a case of an individual product, the Store will make an approximate valuation and send it to the e-mail address provided by the customer.
2.16. The processing time of an individual order (made to order) is up to 14 business days from receipt of payment; in the case of hard-to-find materials, the processing time may be extended to the time necessary to properly process the order. The customer is informed about the completion date electronically (e-mail).
2.17. The store serves customers in Europe.
§III PRODUCT PRICES AND SHIPPING COSTS
3.1. Prices posted for the product offered by the Store include VAT and are given in Polish currency.
3.2. The price given for the product does not include information about shipping costs.
3.3. The Store reserves the right to change the prices of goods in the Store, introduce new goods for sale, conduct and cancel promotional campaigns, or make changes to them in accordance with the standards of the Civil Code and other acts, and such changes do not violate the rights of persons who have concluded contracts. sale of goods offered by the Store before the above-mentioned changes or rights of persons authorized to use a given promotion, in accordance with its rules and during its duration.
3.4. Shipping costs are added to the total amount of products ordered and are borne by the customer.
3.5. If the Customer chooses the delivery option by “InPost Parcel Lockers”, the delivery of Goods under this service will be performed by InPost after the Customer accepts the “Paczkomaty 24/7” regulations prepared and delivered by the “Paczkomaty InPost” service provider, i.e. InPost. The Store will enable the Customer to read the regulations for the provision of services or “Paczkomaty 24/7” in the approval process the Customer’s choice of the method of delivery of the Goods.
3.6. When collecting the parcel delivered by the courier, it is recommended that the Customer check the condition of the outer packaging of the parcel in his presence. In the event of damage to the shipment packaging, the Customer is recommended to prepare a damage report together with the courier in two identical copies signed by the customer and the courier. Failure to comply with the recommendations does not affect the possibility of filing a complaint in the Store.
3.7. When receiving the shipment, the Customer should check the condition of the package and, if there are any reservations, select the complaint option and follow the displayed instructions. Failure to comply with the recommendations does not affect the possibility of filing a complaint in the Store.
§IV ACCEPTABLE FORMS OF PAYMENT
4.1. Payment for the goods to be delivered can be made:
4.1.1. online via the Przelewy24 website;
4.1.2. by transfer to the specified Store account.
4.2. The refund is made in the same form in which the payment was made by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
§V COMPLAINTS AND RETURNS OF GOODS
5.1. The customer has the right to withdraw from the concluded contract without giving a reason or incurring costs within 14 days from the date of taking possession of the purchased items. A contract that has been withdrawn is considered null and void.
5.2 If the Customer intends to withdraw from the contract, the Customer shall submit a written declaration of withdrawal from the contract and send it to the Store by post, within 14 days from the date of delivery of the goods, and if the goods are delivered in parts, from the delivery of the last part. Together with the declaration, the Customer sends the original receipt and the goods.
5.3. In the case referred to in paragraph. 1, the Customer is obliged to return the purchased goods immediately, no later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to send the goods before its expiry. The costs of returning the goods are borne by the customer.
5.4. In the case referred to in paragraph. 2, the Store is obliged to provide the Customer with the amount paid for the returned goods within no more than 14 days from the date of receipt of the declaration of will to withdraw, the original receipt and the goods.
5.5. The Store will refund the payment using the same method used by the Customer, unless the Customer agrees with the Store on another method of return that does not involve any costs for him. The Store refrains from refunding payments received from the Customer until it receives the goods back. The store will also correct the proof of purchase previously provided to the customer (VAT correction invoice or correction specification).
5.6 If the Customer sent a declaration of withdrawal from the contract before receiving confirmation of the order, the order is canceled.
5.7. The customer is liable for any reduction in the value of the goods resulting from using them in a way that goes beyond what is necessary to establish the nature, characteristics and properties of the goods.
5.8. The above provisions do not apply to individual orders (made to order) described in § 2 section 15 and 16, and to the products indicated in Annex 1 to these regulations (list of non-returnable products), which, pursuant to Art. 38 of the Act on Consumer Rights are not refundable – The consumer is not entitled to withdraw from a contract concluded off-premises or remotely in relation to contracts:
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to meet his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
5.9. The customer has the right to make a complaint in the event of non-compliance of the goods with the contract. The customer shall submit a complaint in this respect in writing or by e-mail within 2 years from the date of delivery of the goods. The correspondence address and e-mail address are specified in § 5 section 2. The complaint may include one of the following demands: price reduction, defect removal, replacement of the goods with defect-free ones or a declaration of withdrawal from the contract.
5.10. The store may request that the complaint be supplemented by sending to the address indicated in the request to supplement the complaint the original proof of purchase (e.g. VAT invoice or specification), the packaging of the shipment in which the complained goods arrived or the goods that are the subject of the complaint. The complaint will be considered within 14 days from the date of its receipt, if it is complete, or supplementation, if required. The goods are delivered to the Seller under the conditions specified in this section at the expense of the Store.
5.11. If the complaint is deemed justified, the Store immediately informs the Customer about it and, depending on the request: reduces the price or sends full-value goods to the Customer, and if this is not possible, refunds the amount due to the Customer by postal order to the indicated address or by transfer to the account. The Store issues an appropriate correction of the proof of purchase to the Customer (VAT correction invoice or correction specification).
5.12 The use of a specific method of out-of-court dispute resolution is only possible with the mutual consent of the Customer and the Store. Detailed procedures for out-of-court settlement of disputes between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of the Provincial Inspectorates of the Trade Inspection and from district (municipal) consumer ombudsmen.
5.13. To the extent not regulated in these Regulations, the provisions of the Civil Code, in particular the provisions on sales warranty, shall apply to determine the rights and obligations of the Customer and the Store in the event of a defect in the goods.
§VI "COOKIES" FILES
6.1. The store does not automatically collect any information, except for information contained in cookies.
6.2. Cookies are IT data, small pieces of information sent by the website and stored on the Customer’s end device (computer, laptop, smartphone) necessary for the proper functioning of the website or the functionalities that the Customer wants to use. These files contain various information necessary for the proper functioning of the website, usually the name of the website, their personalization and login information.
6.4. The Store divides stored cookies according to the time for which they are placed on the Customer’s end device and distinguishes:
1. Temporary cookies (session cookies) – used only during the current Customer session and deleted after closing it.
2. Persistent cookies – they are not deleted after closing the current session and are stored on the Customer’s computer for a specified period of time or without a validity period, depending on the individual settings of the website owner.
6.5. The customer may delete cookies on his computer at any time. The Store informs that deletion, disabling or limitation may affect the proper functioning of the Store or some of its components.
6.6. The store also distinguishes cookies in the following way:
Functional – enabling proper use of the Store,
For security – enabling safe use of the Store’s functionality,
Authentication – enabling the maintenance of the so-called Customer login session,
Advertising – enabling the display of personalized advertisements,
Configuration – enabling the configuration of settings for Store functions and services.
6.7. Detailed information about the possibilities and methods of handling cookies is available in the software (web browser) settings.
6.8. Cookies placed on the end device of the Store Customer may also be used by advertisers and partners cooperating with the Store operator.
7.1. The store will refund the amount due within 14 calendar days using the same payment methods that were used by the customer in the original transaction, in the case of:
7.1.1. canceling an order or part of an order (in which case the relevant part of the price will be refunded) paid in advance before its implementation;
7.1.2. return of the product (withdrawal from the contract) from the order that was delivered via Poczta Polska or a courier company;
7.1.3. acceptance of the complaint and the impossibility of repairing the damaged product or replacing it with a new one;
7.1.4. recognition of the right to request a reduction in the price of the product.
7.2. The Store will refund the money to the Customer’s bank account (including those linked to the Customer’s credit or payment card) if the order was paid:
7.2.1. in advance by transfer or credit card;
8.1. The customer may consent to receiving commercial information, including commercial information electronically, by selecting the appropriate option in the registration form or via the website. If such consent is given, the Customer will receive the Store’s information bulletin (Newsletter) at the e-mail address provided.
8.2. The customer may unsubscribe from the Newsletter at any time by submitting a request to the data administrator or by clicking on the deactivation link included in each Newsletter message.
§IX FINAL PROVISIONS
9.1. The Owner informs and the Customer acknowledges that using the Internet may involve a risk in the form of damage that the Customer may suffer as a result of threats occurring on the Internet, in particular hacking into the Customer’s IT system, taking over passwords by third parties, infection the Client’s IT system with viruses.
9.2. To the fullest extent permitted by law, the Store is not responsible for blocking by mail server administrators of sending messages to the e-mail address provided by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.
9.3. Differences between the visualization of the product resulting from the individual settings of the Customer’s computer (color, proportions, etc.) and the actual appearance of the product cannot be the basis for a complaint. In such a case, the Customer has the right to withdraw from the contract in accordance with the provisions of these Regulations.
9.4. The Owner informs that all trademarks (logos, brand names, etc.), graphic materials and photos posted on the Store’s website are subject to legal protection and are used by the Store for information purposes only.
9.5. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.
9.6. The Owner points out that the Store contains content protected by intellectual property law, in particular works protected by copyright (content posted in the Store, graphic layout, graphics, photos, etc.). Customers and visitors to the Store undertake to respect the intellectual property rights (including copyrights and industrial property rights, such as rights resulting from the registration of trademarks) of the Owner and third parties. The Store Customer or the person visiting the Store’s website is solely responsible for failure to comply with the provisions of this point.
9.7. Customers may not post content that is inconsistent with applicable law, immoral or violates the good of third parties, and Customers are prohibited from publishing links to pornographic, obscene or offensive materials that violate the dignity of other people.
9.8. The Store undertakes to inform registered users of the Store about any change in the regulations by sending them an electronic message to the e-mail addresses provided during registration, and after receiving such information, the Customer will be able to delete his account at any time.
9.9. In matters not regulated in the Regulations, the applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on special conditions of consumer sales and amendments to the Civil Code, as well as the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product.
9.10. These Regulations are valid from: 01.11.2020
Annex No. 1
List of non-returnable products.
Notice on out-of-court dispute resolution
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 (ODR Regulation in consumer disputes), the Entrepreneurship Development Foundation “Twój Startup” based in Warsaw hereby provides an electronic link to the online ODR (online dispute resolution) platform: https://webgate.ec.europa.eu/odr. The ODR platform enables out-of-court resolution of disputes between entrepreneurs and consumers. Resolving disputes using this method is voluntary.