TERMS OF SERVICE
These Terms of Service shall establish the rules governing the use of the Internet Store run by the Seller at the address: www.umi-mono.com. The Seller and the owner of the Store is Anna Kukuła, pursuing business activity under the name Umimono Anna Kukuła, address: Plac Grunwaldzki 8/8, 50-384 Wrocław, Poland, Tax Identification Number NIP: 8992515489, National Business Registry Number REGON: 022301055, registered in the Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej, CEIDG) maintained by the minister in charge of economy. Contact and mode of communication between the Seller and Client: – via e-mail: – via mail: Plac Grunwaldzki 8/8, 50-384 Wrocław, Poland – via phone: 0048 695606946
PROCESSING TIME - time, in which the order is picked and then released to a carrier in order to deliver the Product to the address indicated by the Client; the Order Processing Time shall not cover the delivery time
BUSINESS DAYS - days of the week from Monday to Friday (except for public holidays) according to the law of the Republic of Poland.
CLIENT- an entity with the full capacity to perform acts in law using the Store services or concluding the Sales Agreement with the Seller.
CONSUMER - a natural person performing a legal transaction which is not directly related to his/her business or professional activity with an entrepreneur.
NEWSLETTER- a free-of-charge service provided by electronic means, through which the Seller provides news on the Store by sending selected and edited content in the form of an electronic letter.
CART - a service provided by electronic means; a form constituting an integral part of the Store shopping system, in which the Client indicates and confirms the object and terms and conditions of the Order.
TERMS OF SERVICE - these terms of service of the Online Store; The Terms of Service are rendered available free of charge prior to the conclusion of agreements on the Store website, as well as — upon Client’s request — in a manner which enables the Client to obtain, reproduce and record the content of the Terms of Service by means of a teleinformatic system.
ONLINE STORE (STORE) - a website available at the address www.umi-mono.com; through which the Client may in particular place an Order for available Products.
PRODUCT - a product presented in the Online Store, which may constitute the object of the Sales Agreement; relevant properties of each Product are presented on a relevant subpage of the Store assigned to it.
SALES AGREEMENT - a Product sales agreement within the meaning of the Act of 23 April 1964 — the Polish Civil Code, concluded between the Seller and the Client by means of the Store’s sale system in accordance with the provisions of these Terms of Service.
ORDER- a declaration of Client’s intent which directly results in conclusion of the Sales Agreement, stating relevant conditions of the Agreement, filed by means of the Cart function; Orders may be placed by electronic means through the Store’s sale system, 24 h a day, 7 days a week, 365 days a year, with a proviso that they are processed between 9 AM and 5 PM on Business Days.
§1 GENERAL PROVISIONS
1.1. These Terms of Service establish the rules governing the use of the Store, in particular, the terms and conditions of using services provided by electronic means, placing and modifying the Order, filing complaints, making payments and other rights and obligations of the Client and the Seller. Any person willing to use the Store services shall be obliged to become acquainted with these Terms of Service first.
1.2. Information included in the Store shall not constitute an offer within the meaning of the Act of 23 April 1964 — the Polish Civil Code, but shall constitute an invitation for the Clients to place offers.
1.3. The Client shall be prohibited from providing content of unlawful nature and using the Store in a manner which distorts or prevents its proper operation.
1.5. The Sales Agreement and the agreement for provision of services by electronic means between the Client and the Seller shall be concluded pursuant to Polish law and in Polish or English (as selected by the Client), provided that this reservation may not result in the Client’s being deprived of the protection arising out of unconditionally applicable legal provisions of the country of Client’s habitual residence.
2.1. The Products are not suitable for persons of the age under 6 (six). The Client undertakes not to provide the Products to such persons.
2.2. The Products shall be made of natural resources and shall not be secured against the adverse effect of external factors.
§3 SERVICES PROVIDED BY ELECTRONIC MEANS
3.1. The Store shall also provide the Clients with free of charge services provided by electronic means through functionalities of the Store, i.e.: functionalities related to filing Orders, the Cart and the Newsletter.
3.2. The Client may terminate each of the agreements for the provision of services by electronic means at any time without providing reasons. The Agreements for the provision of services by electronic means which consist in the use of form functionalities shall be concluded for a limited period of time and shall be dissolved upon sending the form content to the Seller or upon ceasing to use them.
§4 ORDER AND SALES AGREEMENT
4.1. The Client shall prepare the Order by virtually adding relevant Product to the Cart by means of the button “Add to the Cart”. An effective addition of the Product shall result in a change of the number of Products in the Order list in the Cart tab, which may be modified in any way, also from the Cart level.
4.2. Upon confirmation of selected Products and payment, delivery and contact details, the Client shall indicate in the Order form the form and price of delivery of the Order and the payment method. Having completed the Order, the Client shall confirm it and send it to the Seller by activating the button “PAY NOW”.
4.3. In the course of placing the Order until activating the button “PAY NOW”, the Client may identify and correct errors in the Order and modify it through the Store’s sale system.
4.4. After that, the Client may change the Order, in particular he/she may correct errors in the entered data, until sending the Product through direct and immediate (via phone or e-mail) contact with the Seller.
4.5. While placing the Order, the Client makes the Seller an offer to conclude the Sales Agreement concerning the Products being the object of the Order. The Sales Agreement shall be concluded by acceptance of the said offer by the Seller upon receipt by the Client of the Seller’s confirmation of accepting the Order for execution.
4.6. Fixing, securing and rendering the content of the concluded Sales Agreement available shall take place through the Store’s sale system and shall be sent to the Client’s e-mail address or in writing to the address indicated by the Client in the Order. The Client who placed the Order shall receive a digital document confirming the conclusion of the Agreement along with its content.
4.7. The Processing Time shall be 4 (four) Business Days. The Order execution shall be initiated upon confirmation received by the Seller from the payment provider (an electronic payment through an online payment system: BlueMedia or PayPal).
4.8. Upon the lapse of the Processing Time, the Product shall be released to a carrier.
§5 PRICES AND PAYMENT
5.1. The prices provided on the Store website shall be gross prices (including taxes, in this VAT) and shall be expressed in Polish Złoty (PLN) - Poland's currency and shall not include the costs of delivery. The total amount of the Order shall be calculated according to the choices made by the Client in the Order form, in compliance with the rates indicated there. There might be customs duties applied to customers outside the European Union (additional fee to pay through the carrier).
5.2. Payments shall be made in Polish Złoty (PLN). The Seller states that this may involve conversion costs as applied by certain banks.
5.3. The final binding amount shall be indicated to the Client in the Order summary upon sending it to the Seller.
5.4. The Client may choose either of the following payment methods: (a) a bank transfer through an external payment system PayPal operated by PayPal s.a.r.l with its registered office in Luxembourg, (b) an electronic payment through an online payment system BlueMedia operated by Blue Media S.A. (c) payment by credit card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro operated by Blue Media S.A. with its registered office in Sopot, Poland.
5.5. Payment for the Order by the Client shall be the condition precedent for conclusion of the Sales Agreement. The payment term shall be 2 (two) Business Days.
5.6. For each sold Product a bill of sale in the form of a fiscal receipt or an invoice, upon request of the Client, shall be issued. The accounting document shall constitute the confirmation of relevant elements of the placed Order.
5.7. The prices and costs provided in the Store may be changed (by virtue of a special offer or sales of the Products). The terms and conditions pertaining to the Order may not be changed with regard to the Client who placed an offer in the manner prescribed above prior to a change of prices.
6.1. The Orders shall be delivered within the territory of the European Union. The delivery shall be carried out in a manner chosen by the Client, whereby such choice is limited to: DHL courier mail (Poland and Europe) or through Poczta Polska (Poland).
6.2. The postage costs shall be calculated on the basis of the delivery prices as indicated in the Order form and the delivery method selected by the Client. The Client agrees to be charged with the delivery costs.
6.3. The Product shall be posted only upon making the due payment for the Order.
6.4. The Order delivery time, depending on the option selected by the Client in the Order, shall be from 2 to 12 Business Days calculated from the end of the Processing Time.
6.5. If prior to release of the parcel it turns out that it has suffered from any shortage or damage, then the carrier shall be obliged to immediately establish the condition of the parcel and the circumstances of the damage in a report. The carrier should carry out the said actions also upon request of the Client if he/she claims that the dispatch has been broken into. The Client should without unreasonable delay notify the Seller on such situation. The risk of incidental loss of or damage to the Product shall be transferred to the Client upon delivering the Product to him/her.
7.1. The Seller shall be obliged to deliver the Product free from defects to the Client. The Seller shall be liable against the Consumer if the Product has a physical or legal defect (warranty). If the Product is defective, then the Consumer may file a declaration on reducing the price or withdrawing from the Sales Agreement, or demand replacement of the defective Product with one free from defects or removal of the defect.
7.2. Warranty shall be available to the Consumers only. The Parties, the Client not being a Consumer and the Seller exclude the warranty for defects against each other.
7.3. Complaints on account of warranty shall be filed to the following address: Umimono Anna Kukuła, Plac Grunwaldzki 8/8, 50-384 Wrocław, Poland. In order to facilitate the complaint procedure, the complained Product should be delivered along with the proof of purchase and a complaint notice (i.e. the indication of a person filing the complaint, request to handle the complaint with the indication of the relevant method and indication of the Product defect).
7.4. The Seller shall consider the Consumer’s claim within 14 (fourteen) days. The Seller shall notify the Client on the consideration of the complaint and its result in a letter sent to the address indicated by the Client in the complaint.
7.5. The complaint procedure shall accordingly refer to services provided by electronic means by the Seller. Complaints referring to services provided by electronic means may also be sent to the Seller’s e-mail address: email@example.com.
8.1. A Consumer who has concluded a remote agreement may withdraw from such agreement without providing reasons by filing a relevant declaration in writing within 14 (fourteen) days of: (a) in the case of the Sales Agreement—the date on which the Product was taken in the possession by the Consumer or a third person indicated by him/her other than a carrier; (b) in the case of other agreements—the date of conclusion of the agreement.
8.2. If the Consumer filed the declaration on withdrawing from the agreement before the Seller accepts his/her offer, then the offer ceases to be effective.
8.3. In order to comply with this term, it shall suffice to send a relevant declaration prior to the lapse of such term. The Client may use the model agreement withdrawal form as attached to these Terms of Service and enclosed to the Order. The Client shall be obliged to use this model form.
8.4. In the case of withdrawal from the Agreement, the Seller shall return to the Consumer any received payments, including costs of delivery of the objects (with the exclusion of additional costs resulting from the mode of delivery selected by the Consumer other than the cheapest, ordinary delivery mode offered by the Store), without unreasonable delay, and in each case not later than 14 (fourteen) days of the date on which the Seller was notified on the decision on exercising the right to withdraw from the Agreement. The payments shall be returned (a) PayPal: to the PayPal account from which the payment was made (b) BlueMedia Transfer: to the account number from which payment was made (c) BlueMedia Credit Card: to the account number connected to the credit card.
8.5. The Consumer shall be obliged to return the Product to the Seller without unreasonable delay, but no later than 14 (fourteen) days of the date of withdrawal from the agreement. In order to comply with the term, it shall suffice to send the Product back prior to the lapse of such term.
8.6. The Consumer shall be held liable for reducing the value of the Product resulting from using it in a manner beyond necessary for determining the nature, features and operation of the Product.
8.7. The Consumer shall not have a right to withdraw from the agreements as specified in Article 38 of the Act on the rights of consumers of 30 May 2014, in particular: an agreement in which the object of the performance is a non-prefabricated object manufactured according to the specification of the Consumer or which is to satisfy his/her individualized needs.
8.8. Direct costs of sending the Product back to the Seller in the case of withdrawal from a remote agreement shall be borne by the Consumer.
9.1. The Newsletter service shall be provided free of charge. In order to subscribe for the Newsletter, the Client should order the service through the form available on the Store website. For this purpose, the Client shall indicate his/her e-mail address to which the Newsletter shall be sent.
9.2. Upon activation of the button “Subscribe”, the Seller and the Client shall conclude an agreement for provision of the Newsletter service for an unlimited period of time. The Client may at any time terminate the agreement for provision of the Newsletter service by deactivating his/her subscription. Resignation from the Newsletter shall take place by activation of a relevant link provided in each electronic letter sent under the Newsletter service.
§10 AMENDMENT TO THE TERMS OF SERVICE
10.1. The Seller may amend these Terms of Service due to material reasons, whether legal (change of generally applicable legal provisions related to Seller’s activity or change of the Seller’s business form) or technical (modernization of the Store infrastructure).
10.2. The Clients shall be notified on this fact in a message displayed on the Store’s homepage 7 (seven) days before the new Terms of Service come into effect. In this time, the Client shall accept the Terms of Service again or refuse to accept them.
10.3. The Orders placed prior to the effective date of an amendment to the Terms and Conditions shall be processed in accordance with the content of the Terms and Conditions as applicable at that date.
§11 FINAL PROVISIONS
11.1. Client’s liabilities resulting from the Sales Agreement shall be satisfied upon payment for the Product and delivery, and upon collection of the Product, carried out in accordance with the Order.
11.2. Any materials, including graphic elements, layout of such elements, trademarks and other, available in the Store shall be the object of exclusive rights, in particular they shall constitute the object of protection of copyrights and industrial property rights. Using the materials shared in the Store in any form shall each time require Seller’s consent.
11.3. The Consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which the Consumer may refer for dispute settlement within the frames of ADR is available HERE.
11.4. The Consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting his/her complaint through the EU ODR online platform available HERE.
11.5. If the Client resigns from taking advantage from ADR or ODR, any disputes arising out of the terms of service or sales agreements shall be settled by a common court with the jurisdiction determined with the use of the rules as prescribed by a legal act applicable to the Client being the Consumer. Any disputes arising between the Seller and the Client not being a Consumer shall be referred to the court with the local jurisdiction over the registered office of the Seller.
These Terms of Service shall be effective as of 01.03.2018