Terms and conditions of manekiny.net online shop

I.General

1. These Terms and Conditions define the general conditions, the rules of using the Internet Shop and the way of providing services electronically and sales done through manekiny.net Internet Shop by Engintex Sp z o.o. located at Rzemieślnicza 35 Hala G Box-12, 95-030 Rzgów.
2. Contact with Service Provider takes place through:
3. e-mail address info@manekiny.net;
4. by phone at +48 42 214 24 57;
5. fax +48 42 214 24 57;
6. the application form available at http://manekiny.net/pl/contact.

These Terms of Service are continuously available on the website http://manekiny.net in a way that enables Users to obtain, reproduce and preserve their content by printing or saving it on a carrier at any time.

II. Definitions

The terms used in the Regulations shall mean:

1. Dni robocze – są to dni od poniedziałku do piątku z wyłączeniem dni ustawowo wolnych od pracy;
2. Customer - a person, a legal entity or an organizational unit that is not a legal entity and to which special laws grant legal capacity, who makes an Order in the Store;
3. Civil Code - the act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended);
4. Account - a part of the Internet Shop assigned to a given Client, by means of which the Client can perform certain actions within the Internet Shop;
5. Rules - this document;
6. Registration - a single action, consisting of the creation of an Account by the Customer, performed with the use of a registration form made available by the Seller on the website of the Online Store;
7. Online Store (Shop) - web pages through which the Client can make Orders;
8. Seller - Engintex Sp. z o.o. with headquarters in Rzgów, 35 Rzemieślnicza Street, Hall G Box-12, postal code 95-030 Rzgów, registered in National Court Register by District Court for Łódź Śródmieście in Łódź, XX Economic Department KRS 0000096636, NIP: 7260000615 REGON: 008070945, initial capital 50 000 PLN;
9. Goods - products presented in the Internet Shop, which description is available next to each of the presented products;
10. Sales agreement - a contract of sale of Goods, as defined by the Civil Code, concluded between the Seller and the Client;
11. Services - services rendered by the Seller to the Clients electronically, within the meaning of the Act of 18 July 2002 on rendering electronic services (Journal of Laws No. 144, item 1204, as amended);
12. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
13. Act on provision of services by electronic means - Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
14. Order - Customer's declaration of will, aiming directly at making a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

1. The use of the Online Store is possible on condition that the IT system used by the Client meets the following minimum technical requirements:
2. computer with access to the Internet,
3. access to electronic mail,
4. Internet Explorer version 11 or later, Firefox version 28.0 or later or Chrome version 32 or later,
5. enabling Cookies and Javascript in the web browser.

Using the Online Store means any action by the Customer, which leads to his/her getting acquainted with the content contained in the Store.The Customer is obliged in particular to:

1. not to provide and not to transmit content that is prohibited by law, e.g. content that promotes violence, defamatory or violating personal rights and other rights of third parties,
2. use the Online Store in a manner that does not interfere with its functioning, in particular by using specific software or devices,
3. not to undertake actions such as: sending or placing within the scope of the Internet Shop unsolicited commercial information (spam),
4. Use the Internet Shop in a manner not burdensome for other customers and the Seller,
5. Use of any content available in the Online Store for personal use only,
6. to use the Internet Shop in a manner compliant with the provisions of the law in force in the Republic of Poland, with the provisions of the Terms and Conditions and with the general Internet usage rules.

IV. Services

1. The Seller allows to use via the Internet Shop free of charge Services consisting of:
2. browsing the information placed on the Internet Shop,
3. managing an Account at the Internet Shop,
4. making available an interactive form which enables the Clients to place an Order at the Shop,
5. making available an interactive form enabling Clients to contact the Seller,
6. placing statements about the Goods in the Store.

Services indicated in pt. 1 Services are provided by the Seller 24 hours a day, 7 days a week:

1. the service of viewing information on the Store is concluded for a definite period and is terminated when the Customer closes the Shop website,
2. the service of maintaining an Account in the Store is concluded for an indefinite period and is terminated when the Customer submits a request to delete the Account or uses the "Delete Account" button,
3. the provision of services consisting in making available an interactive form enabling Customers to place an Order in the Store is concluded for an indefinite period and terminates at the moment of the Order placement,
4. the provision of services consisting in making available an interactive form allowing Clients to contact the Seller is concluded for a definite period and terminated at the moment of response from the Seller,
5. the service of posting opinions about Goods in the Store is concluded for a definite period of time and is terminated when the opinion is added.

The service of managing an Account in the Online Store is available after registration. Registration takes place by completing and accepting a registration form, available on one of the pages of the Store. Customer by adding statements declares that he has all rights to the content, in particular, copyright, related rights and industrial property rights.In order to post a statement, the Customer may be asked to provide his data, such as e-mail address. Statements should be edited in a clear and understandable way, moreover, they can not contain illegal content. Statements may not violate applicable law including third party rights - in particular they can not be defamatory, infringe personal rights or constitute an act of unfair competition. By submitting statements, the Customer agrees to the free use of such statements and their publication by the Seller, as well as to the development of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83). In case of violation by the Customer of the provisions of these Regulations, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate period of time, may terminate the contract for the provision of Services at 14 days' notice.

V. Procedure of signing a Sales Agreement

1. Information about the Goods given on the websites of the Store, in particular their descriptions, technical and usable parameters as well as prices, constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. The condition of placing an Order is having an active e-mail account.
3. Through the Order form, Orders can be placed 24 hours a day, 7 days a week, and Orders placed by phone or e-mail can be placed on Working Days from 7:00 to 17:00.
4. An Order may be placed by:
5. filling in the electronic Order form, including the Customer's data necessary for the execution of the Order, in particular: first and last name, place of residence and e-mail address,
6. using the Customer's personal data obtained as a result of prior registration in the Store (purchase through a Customer Account).

In order to sign a Sales Agreement by means of the On-line store and the Order form made available there, it is necessary to select goods, taking subsequent technical actions on the basis of messages displayed to the Customer and information available on the website.Selection of ordered goods by the Customer is made by adding them to the basket.After providing all necessary data by the Customer using the On-line store, a clear and visible summary of the submitted Order shall be displayed. Summary of the Order shall include information on:

1. description of the subject of the Order,
2. unit and total price of the ordered products or services, together with taxes, including delivery costs and additional costs (if any),
3. method of contact with the Seller,
4. selected method and date of payment,
5. selected method of delivery,
6. delivery time,
7. contact details of the Client,
8. details for invoice.

In order to send the Order it is necessary to accept the content of the Regulations, confirm reading the "Termination notice", provide personal data marked as mandatory and press the button "Order with obligation to pay".Sending the Order by the Customer is a submission of the Seller, an offer to conclude a contract of sale of the Goods which are the subject of the Order. After placing the Order, the Client receives an e-mail confirming the receipt of the Order (together with individual Order No.), containing a final confirmation of all significant elements of the Order.Then the Seller sends to the e-mail address provided by the Client a confirmation of placing the Order by the Client, which constitutes a statement of the Seller on accepting the offer, referred to in item 9 above. Then, the Seller sends to the e-mail address specified by the Client a confirmation printout, specification of the Order and a VAT invoice or a receipt.The Sales Agreement is concluded in the Polish language, with the contents compliant with the Regulations.

VI. Delivery

1. Delivery of Goods is limited to the territory of the Republic of Poland. and takes place to the address indicated by the Customer in the course of placing the Order
2. The Customer may choose the following methods of delivery of the ordered Goods:
3. through a courier company
4. through a postal service provider
5. personal collection at the Seller's personal collection point

In addition, delivery costs shall be indicated while placing the Order.Delivery is carried out immediately, no later than within 30 days from the conclusion of the contract.Seller is responsible for defects of items in accordance with the provisions of the Civil Code, in particular art. 556 and 5561 -5565 of the Civil Code.

VII. Prices and payment methods

1. The prices of Goods are given in Polish zloty and include all components, including VAT, customs duties and any other components.
2. The Client can choose the following methods of payment:
3. bank transfer to the Seller's bank account (in this case the processing of the Order shall be initiated after the Seller has sent the Client a confirmation of acceptance of the Order, and the shipment shall be made immediately after the funds have been credited to the Seller's bank account and the Order has been completed);
4. cash on pick-up - payment at the Seller's personal collection point (in this case the Order shall be processed immediately after the Seller has sent the Client a confirmation of acceptance of the Order, and the Goods shall be released at the Seller's personal collection point);
5. cash on delivery, payment of the Supplier at the time of delivery (in this case execution of the Order and its dispatch will be initiated after the Seller sends confirmation of acceptance of the Order to the Client and the Order is completed);
6. electronic payment (in this case execution of the Order will be initiated after the Seller sends the Client a confirmation of acceptance of the Order and after the Seller receives information from the system of the settlement agent that the payment has been made by the Client, and the shipment will be made immediately after completion of the Order).

VIII. Right to withdraw from the contract

1. The Customer who is a consumer within the meaning of Article 22[1] of the Civil Code may withdraw from the contract without giving any reason by making an appropriate statement within 14 days. In order to meet this deadline it is sufficient to send the declaration before its expiry.
2. The Customer may make his/her own statement or use the model statement of withdrawal which constitutes Attachment No. 1 to the Terms and Conditions.
3. The 14-day period shall be counted from the date on which the Goods were delivered or, in the case of a contract for the provision of Services, from the date of its conclusion.
4. Upon receipt of a notice of withdrawal by the consumer, the Seller shall send to the consumer's e-mail address a confirmation of receipt of the notice of withdrawal.
5. Right of withdrawal by the consumer is excluded in the case of:
6. provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services, that after the fulfillment of performance by the Seller will lose the right to withdraw from the contract;
7. contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not have control, and which may occur before the end of the deadline for withdrawal from the contract;
8. contract, in which the object of performance is the Goods not prefabricated, manufactured to consumer specifications or serving to meet his individual needs;
9. the contract in which the subject matter of the performance is the Goods subject to rapid deterioration or having a short period of usefulness for use;
10. contract in which the subject matter of the performance is the Goods supplied in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery
11. an agreement in which the subject matter of the performance are Products, which after the delivery, due to their nature, are inseparably connected with other things;
12. agreement in which the subject matter of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations, over which the Seller has no control;
13. an agreement, in which the consumer clearly requested that the Seller came to him in order to make an urgent repair or maintenance; if the Seller provides in addition other services than those, the performance of which the consumer requested, or provides Goods other than spare parts necessary to perform repair or maintenance, the consumer has the right to withdraw from the agreement in relation to additional services or Goods;
14. a contract in which the subject matter of the performance are sound or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery; supply of newspapers, periodicals or magazines, except for a subscription contract;
15. a contract concluded by way of a public auction;
16. the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of performance
17. supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the consumer's express consent before the end of the period for withdrawal from the contract and after the Seller has informed him about the loss of the right to withdraw from the contract.

In the case of withdrawal from a remote agreement, the agreement is considered as not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management, in particular to determine the nature, characteristics and functioning of the thing. The return should take place immediately, no later than within 14 days. Purchased Goods should be returned to the address of the Seller.The Seller shall immediately, but no later than within 14 days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of Goods. The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer agrees to a different method of reimbursement, and this method will not be associated with any cost to the consumer. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer himself.If the consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the consumer for any additional costs incurred by him.The Consumer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear them.

IX. Complaints concerning Goods

1. The Seller shall be liable to the Client, including the Client being a consumer, within the meaning of Article 22[1] of the Civil Code, under the warranty for defects, on terms specified in Article 556 - 576 of the Civil Code.
2. Complaints arising from violation of Customer's rights guaranteed by law or under these Terms and Conditions should be addressed to Engintex Sp z o.o. z, Tuszyńska 80/A, 95-030 Rzgów, info@manekiny.net.
3. In order to consider the complaint the Client should send or deliver the Goods complained about, if possible attaching a proof of purchase. The Goods shall be delivered or sent to the address specified in item 2 above. 2 above.
4. The Seller undertakes to examine each complaint within 14 days.
5. In case of defects in the complaint, the Seller shall call the Customer to supplement it as necessary immediately, but no later than within 7 days from the date of receipt of the call by the Customer. The Seller shall return to the Client the costs of shipment.
6. The Seller is not the manufacturer of the Goods. The Manufacturer shall be liable under warranty of the Goods sold under the conditions and for the period indicated in the warranty card. If the warranty document provides such a possibility, the Client may submit its claims under the warranty directly to the authorized service center whose address is specified in the warranty card.

X. Complaints about the provision of services by electronic means

1. The Client may submit to the Seller complaints regarding the functioning of the Store and use of the Services. Complaints can be submitted in writing to the address: Engintex Sp z o.o. z, ul. Tuszyńska 80/A, 95-030 Rzgów, to the e-mail address: info@manekiny.net or by using the contact form.
2. In the complaint the Customer should provide his/her name, correspondence address, type and description of the problem.
3. The Seller undertakes to consider every complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be considered. In case of defects in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the call by the Customer.

XI. Out-of-court complaint resolution and claim investigation methods

1. A Customer who is a consumer has, among others, the following options to use out-of-court complaint resolution and claim investigation methods:
2. is entitled to apply to a permanent consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
3. is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Customer and the Seller.
4. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of county (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number +48 800 007 707 and by the Polish Consumer Association at the e-mail address porady@dlakonsumentow.pl.

XII. Final Provisions

1. Settlement of potential disputes arising between the Seller and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, is subject to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.
2. Settlement of potential disputes arising between the Seller and the Customer, who is not a consumer within the meaning of Article 22[1] of the Civil Code, shall be submitted to the competent court for the seat of the Seller.
3. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on provision of services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
4. The content of these Regulations is subject to change. Each Customer shall be informed of any changes through information on the homepage of the Store including a summary of changes and their effective date. Customers who have a Customer Account will additionally be informed of the changes together with their summary at the e-mail address indicated by them. The effective date of changes shall be no less than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to inform the Seller about this fact within 14 days from the date of informing about the change of the Regulations. Lack of acceptance shall result in termination of the contract.