Regulations for distance selling of goods and providing services by electronic means
These Terms and Conditions define the terms and conditions of use of the online store available at www.msdesignstudio.eu by MS Design Magdalena Śmielewska based in Lodz st. Henryka Sienkiewicza 4/3a, 90-113 Lodz entered into the Central Register of Economic Activities, which was assigned to NIP 7252228982, and in particular specifies the rules of placing orders and conclusion of sales contracts using means of remote communication as well as use by customers With services through the Online Shop.
Data for quick communication with the Seller (Address details / contact / complaint):
Address for business correspondence:
MS Design Magdalena Śmielewska
Henryka Sienkiewicza 4/3a
90-113 Łódź, Polska
We speak English.
GSM: +48 733 022 223
Nr rachunku bankowego prowadzonego przez:
PLN 55 1750 0012 0000 0000 3838 7251
2. Glossary of terms
The terms used in the Regulations mean:
Client – a natural person, including a consumer who is at least 18 years of age, and a legal entity or organizational unit not a legal entity to which a special provision grants legal capacity and who has made or intends to place an Order or use other online store services;
Consumer – a natural person carrying out a legal activity not directly related to his economic or professional activities;
Terms and Conditions – These Terms and Conditions of Sale by means of remote communication and the provision of services by electronic means. As regards services provided by electronic means, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on providing services by electronic means;
Online Shop (hereafter also referred to as the “Shop”) – an internet service available at www.msdesignstudio.eu through which Customer may place Orders and use the other Shop Services;
Page – Service Provider or Client;
Goods – movable item subject to sale contract;
Sales contract – a sales contract within the meaning of the Civil Code, concluded between the Service Provider and the Customer using the means of distance communication through the Store, the object of which is the Goods;
Service (Services) – service provided by the Service Provider by electronic means in accordance with the rules set out in the Terms and Conditions through the Shop;
Service Provider (also “Seller”) – MS Design Magdalena Śmielewska based in Lodz st. Henryka Sienkiewicza 4/3a 90-113 Lodz entered into the Central Register of Economic Activities, which was assigned to NIP 7252228982,
Act – Law of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827);
Order – a statement of will of the Customer constituting an offer to conclude a sale agreement with the Service Provider, aimed directly at the conclusion of the Distance Sale Agreement through the Internet Store defining the type and number of Goods subject to the Contract of Sale
3. Obligations of the Parties
The Client is obliged to use the Services offered by the Service Provider in a manner consistent with the provisions of the Regulations in force in the territory of the Republic of Poland, as well as to prohibit the provision of content prohibited by the generally binding law.
The Seller is obliged to deliver the Goods free of defects.
If the buyer is a consumer, the Seller is obliged to immediately give the item to the buyer no later than thirty days from the date of conclusion of the Sales Contract, unless the Sales Contract provides otherwise (for example, a description of the Goods indicates another date of delivery of the Goods).
Customers can place orders through the Online Store 7 days a week, 24 hours a day.
In order to conclude a Distance Sale of Goods Agreement through the Online Shop, you must select the Goods, provide the necessary details required by the Seller during the Order submission process, and ultimately place an Order on subsequent steps based on Customer Information displayed.
A Customer is required to read and accept the Terms and Conditions.
After placing the Order, the Customer receives an email confirming receipt of the Order to the Store, confirming all elements of the Order.
Upon receipt by the Seller of an email confirming receipt of the Order, the Customer will receive an e-mail confirming acceptance of the Order for execution.
Upon receipt by the Customer of the message referred to in sec. 5 above comes to the conclusion of the Sale Agreement.
5. Prices, payment and delivery of the Goods
The prices of the goods in the Shop are in Polish zloty, when logging in to the shop is in Poland, if you log in to the system outside Poland, the prices are in euros. Prices are gross, ie they include VAT.
Prices do not include shipping costs. The total value of the Order includes the price of the Goods and delivery costs, where the delivery costs are incurred by the Customer.
Delivery is made via courier companies.
The customer is able to pay the price as follows:
A) by bank transfer to the bank account of the Service Provider (prepayment);
B) for collection – cash on receipt of the Goods;
C) via the transfer service24 and PayPal (made available by PayPal (Europe) S.a.r. & Cie, S.C.A with registered office at L-1150 in Luxembourg).
Shipment of Goods occurs in the case of the payments referred to in sec. 4a, immediately after the seller’s account is recognized, 4 c., Immediately after the seller’s PayPal account is acknowledged, and in the case described in paragraph 4 lit. B – immediately after the conclusion of the Sale Agreement.
When picking up your shipment with your ordered item, we suggest that the consumer check the shipment and indicate that if you find:
A) damage to the mechanical contents of the consignment,
B) incomplete consignment,
C) incompatibility of the contents of the consignment with the subject matter of the Order,
The consumer is entitled to refuse the consignment. In this case, we suggest that you write notes or notes from the incident in the presence of the provider and promptly notify the Service Provider of the situation. In any case, in case of damage we suggest to make a protocol of damage in the presence of the shipper.
Non-Consumer customers are required to check the contents of the shipment at the time of pickup. If it is damaged it is obliged to report this fact to the supplier and immediately contact the Seller. Complaints regarding mechanical damages of the Goods during transport will be processed only after the injury protocol signed by the non-consumer and the consignor is prepared.
The seller recalls that, according to Art. 548. § 1 of the Civil Code, when the item is sold, passes to the buyer the benefits and burdens associated with the item and the risk of accidental loss or damage to the goods.
If the Goods are to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the Goods shall be transferred to the Consumer upon delivery to the Consumer. The delivery of the Goods shall be deemed to be entrusted by the Seller to the carrier if the Seller has not influenced the choice of the carrier by the Consumer.
6. Consumer’s right to withdraw from the Agreement (return of the Goods)
The consumer may withdraw from the Contract for the sale of Goods at a distance without giving a reason by submitting a written statement in writing within 14 (fourteen) days, the date of which shall be the date on which the consumer holds or the third party indicated by him (other than the carrier ), And in the case of a contract that:
A) includes many things that are delivered separately, in batches or in parts – from taking possession of the last item, lot or part,
B) consists in regular delivery of goods for a fixed period of time – from taking possession of the first item. It is sufficient to send a relevant statement before expiry of the deadline to the Seller’s address. The statement can also be submitted on the form, the model of which is enclosed in Appendix 2 to the Act and Appendix No. 1 to the Regulations. We suggest that you also have the possibility to use the ready form available under the link www.msdesignstudio.eu
In the event of termination of the Distance Sale Agreement, the contract is considered not to be.
If the Consumer has made a declaration of withdrawal from the Sales Contract before the Seller has accepted his offer, the offer shall cease to be binding.
The consumer is obliged to return the Goods to the Seller or hand them over to the person authorized by the Seller to receive them promptly, but not later than 14 days from the date on which he departed from the Sale Contract unless the Seller has offered to collect the Goods himself. To keep the deadline, it is enough to return the Goods before expiry. The goods should be packed in a way that ensures its safe transport.
The consumer bears the direct cost of returning the Goods (cost of return).
The consumer is responsible for reducing the value of the Goods resulting from the use of such goods beyond the necessary to determine the nature, characteristics and functioning of the Goods.
Responsibilities of the Seller
The Seller is obliged immediately, not later than within 14 days of receiving the consumer’s statement of withdrawal from the Sale Agreement, to return to the Consumer all payments made by him, including the delivery of the Goods.
The Seller makes a repayment using the same method of payment as the Consumer used, unless the Consumer expressly agrees to another way of reimbursement, which does not involve him at all costs.
If the Consumer chooses to deliver the Goods other than the cheapest ordinary delivery method offered by the Seller, then the Seller is not obliged to reimburse the consumer for the additional costs incurred.
If the Seller has not offered to collect the Goods himself from the Consumer, he may refrain from reimbursing payments received from the Consumer until the item is returned or delivery by the consumer of proof of his return, whichever occurs first.
We suggest you include a proof of purchase in order to streamline your refund process.
Statutory exclusion of the right to withdraw from the Sale Agreement
The right of withdrawal is not granted in the situations specified in art. 38 of the Act, ie with respect to contracts:
For the provision of services if the trader has performed the full service with the express consent of the consumer who was informed prior to the commencement of the service that, upon fulfillment of the service, the trader loses the right to withdraw from the contract;
The price or remuneration depends on fluctuations in the financial market over which the trader does not exercise control and which may occur before the expiry of the withdrawal period;
The subject of which is an unprofessional item, manufactured to the specifications of the consumer or catered to his individual needs;
Where the subject matter is a thing that is quickly spoiled or has a short shelf life;
When the package is opened, it can not be returned for health or hygiene purposes if the packaging has been opened after delivery;
The subject matter of which is the supply of goods which, by their nature, are inseparably linked to other things;
Alcoholic beverages whose price was agreed upon the conclusion of the sale contract and whose delivery can take place only after 30 days and whose value depends on market fluctuations over which the trader has no control;
In which the consumer explicitly requested the trader to come to him for urgent repair or maintenance; If the trader provides additional services other than those requested by the consumer or supplies other than spare parts necessary for repair or maintenance, the consumer shall be entitled to withdraw from the contract for additional services or items;
Where the subject matter is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
To provide dailies, periodicals or magazines, except for subscriptions;
Entered into by public auction;
To provide accommodation services other than for residential purposes, carriage of goods, car hire, catering, leisure, entertainment, sports or cultural services if the contract indicates the day or period of service;
To provide digital content that is not recorded on a material medium if the performance of the benefit has begun with the consumer’s explicit consent before the expiration of the withdrawal period and after informing the trader of the loss of the right of withdrawal.
7. Warranty for physical defects of the Goods (Complaints)
The Seller is obliged to deliver the Goods free from defects and be responsible for defects in the Goods.
The physical defect consists in the incompatibility of the goods sold with the Sales Agreement.
Complaints for defects for defects (nonconformities of the Goods with the Sales Contract) can be submitted in writing to the Seller or by email.
If the Goods sold have a defect, the Customer may:
A) demand replacement of the Goods to be free from defects either
B) demand removal of defect; or
C) declare the price decrease or withdrawal from the Sale Agreement unless the Seller promptly and without undue inconvenience to the Customer will replace the defective Goods or defects will be removed. This restriction does not apply if the Goods have already been exchanged or repaired by the Seller or the Seller has failed to satisfy the obligation to exchange the items for free from defects or remove the defects referred to in paragraphs. 1 or 2.
The Buyer can not waive the Sales Contract if the defect is negligible.
If the Consumer discovers that the Goods are incompatible with the Sales Agreement (physical defect), the Consumer shall return to the Seller the advertised Goods together with a description of the nonconformity.
We suggest you include a proof of purchase in order to streamline your complaint process.
The Seller shall be liable for the warranty if the defect is discovered within two years of the date of delivery of the Goods.
The Seller undertakes to process any complaint within 14 days.
Exchange of purchased Goods can be made within 10 calendar days from the date of receipt of the Goods.
Replacement is only possible for another item in the Shop’s assortment at the same price (or higher) as the price returned for replacement of the Goods. In the case of exchange for higher commodities, the conversion option is only possible at the expense of the missing amount, which is the difference between the prices of those Goods.
Exchanging is subject only to Goods without visible signs of use, pure, complete, odorless, with intact labels, inserts.
Include the following item:
Original packaging of the Goods,
Original purchase documents,
Listed goods should be sent by PRIORITY mail via Polish Post or by courier to:
MS Design Magdalena Śmielewska
Henryka Sienkiewicza 4/3a
With the note “REPLACEMENT”.
The customer should retain the document of assignment for possible evidence purposes.
The goods returned by the Customer should be packed in the appropriate manner, ensuring no damage to the consignment during transport.
The cost of return shipping is covered by the Customer.
The new product is sent to the customer at his expense. The cost of re-shipping must be paid into the Store account.
Within 7 days of receipt of the Goods, the Store will replace it or if the replacement will not be possible to return to the Customer the amount indicated on the purchase document, transfer to the indicated bank account of the Client.
The store does not accept parcels for picking and sending to parcels.
The provisions of this paragraph do not in any way affect the rights of the Consumer to return the Goods in accordance with § 6.
9. General terms and conditions of use of the Store
The Service Provider provides through the Online Shop the following Services:
Presentation of the Goods, which may be available at the Store,
The ability to submit Orders for Goods available at the Internet Shop and thus to conclude Sales Agreements at a distance,
Informing the Customer about the current status of the Order,
Access to the services referred to in 1 pt. 1-3 above does not require registration.
In order to maintain the safety of using the Online Shop, it is recommended that the device used by the Customer in particular has:
An anti-virus system with the latest virus definitions and updates,
All available operating system and web browser updates that relate to security,
Software for reading PDF files.
Complaints related to the functioning of the Shop Customer may report in writing to the Seller or by email at email@example.com
In the complaint, the customer should provide his / her name, mailing address as well as the basis of the claim.
The seller is obliged to handle the complaint within 14 days.
10. Settling disputes
Settlement of possible disputes arising between the Service Provider and the Consumer who is the Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
The settlement of possible disputes arising between the Service Provider and the Non-Consumer Customer shall be submitted to the court competent for the seat of the Service Provider, ie the District Court in Piotrków Trybunalski.
11 Personal data
Personal data of the Customers are processed by the Service Provider taking into account the provisions of the law, including in particular the Act of 29 August 1997 on the protection of personal data.
Personal information is the Seller.
Personal data is voluntary, although failure to provide the required personal data may prevent the Order from being submitted.
All personal information provided is subject to special protection.
Everyone has the right to access the content of his or her personal data and the right to request updates or stop processing.
12. Final provisions
In matters not regulated in these Regulations, the applicable laws apply.
Customers may access the Terms at any time and free of charge via an online referral (ie, a link) posted on the Main Page of the Shop (//www.msdesignstudio.eu) and print out.
Information on the Goods given in the Store, in particular their descriptions, technical and utility parameters and prices, constitute a call for a contract within the meaning of art. 71 Civil Code.
Exclusive rights to content made available through the Internet Store, in particular copyrights to images, the name of the Store, trademarks of the Service Providers and Manufacturers of the Goods, their graphic elements, software and database rights are subject to legal protection and shall be available to Service Providers or other entities, With whom the Service Provider has entered into appropriate agreements. It is forbidden to copy or otherwise use any aspect of the Shop without the Service Provider’s consent.