Privacy policy

To use our website, you must accept the privacy policy and GDPR.
read more
Accept Give up

Shop rules

Regulations of the madlen.pl online store

Table of Contents:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
  4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
  6. PRODUCT COMPLAINT (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
  7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLIES TO AGREEMENTS FOR SALE CONCLUDED FROM 25 DECEMBER 2014)
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS

 

The www.madlen.pl Online Store cares for the rights of consumers. The consumer may not waive the rights conferred on him by the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained for the benefit of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied.

 

  1. General provisions
    1. The online store available at www.madlen.pl is run by Magdalena Wojciechowska running a business under the name of MF Magdalena Wojciechowska entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: the address of the place of business and delivery address: ul. Francuska 59, 40-0284 Katowice, NIP 6342745025, REGON 364982260, e-mail address: kontakt@madlen.pl, telephone number: 785 975 589.
    2. These Regulations are intended both for consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is intended only for entrepreneurs).
    3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary.
    4. Definitions
      • WORKING DAY – one day from Monday to Saturday, excluding public holidays.
      • REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
      • ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
      • CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality which the law recognizes as having legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
      • CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
      • ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
      • NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
      • PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
      • REGULATIONS – these regulations of the Online Store.
      • ONLINE STORE – the Service Provider’s online store available at the Internet address: www.madlen.pl
      • SELLER; SERVICE PROVIDER – Magdalena Wojciechowska running a business under the name of MF Magdalena Wojciechowska entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business and address for service: ul. Francuska 59, 40-028 Katowice, NIP 6342745025, REGON 364982260, e-mail address: kontakt@madlen.pl, telephone number: 785 975 589.
      • SALES AGREEMENT – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
      • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
      • SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality which the law recognizes as having legal capacity; – using or intending to use the Electronic Service.
      • CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
      • ORDER – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
  2. Electronic services in the online store
    1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
      • Account – using the Account is possible after completing three consecutive steps by the Customer – (1) completing the Registration Form, (2) clicking the ” Create an account ” field and (3) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the address provided e-mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
          • The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: kontakt@madlen.pl or in writing to the following address: ul. Francuska 59, 40-028 Katowice
      • Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form field ” Order with payment obligation.“- until then, it is possible to modify the entered data (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
          • The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
      • Newsletter – the use of the Newsletter takes place after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the ” Subscribe ” field . You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account – upon creating the Account, the Customer is subscribed to the Newsletter.
          • The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: kontakt@madlen.pl or in writing to the following address: ul. Francuska 59, 40-028 Katowice
    2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) the recommended minimum screen resolution: 1024 × 768; (5) enabling cookies and Javascript support in the web browser.
    3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the facts. The Service Recipient is prohibited from providing illegal content.
    4. Complaints procedure – complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points 6 and 7 of the Regulations), the Customer may submit, for example:
      • in writing to the following address: Francuska 59, 40-028 Katowice;
      • in electronic form via e-mail to the following address: kontakt@madlen.pl;
      • it is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint;
      • the Service Provider responds to the complaint immediately, not later than within 14 calendar days from the date of its submission.
  3. Conditions for concluding a sales contract
    1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
    2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – the Customer is informed about the obligation to pay them. on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
    3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form:
      • The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
      • After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
  4. Methods and terms of payment for the product
    1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
      • Payment in cash upon personal collection.
      • Cash on delivery.
      • Payment by bank transfer to the Seller’s bank account:
        • Bank: ING Bank Śląski,
        • Account number: 43 1050 1214 1000 0092 8403 2779
      • Electronic payments and card payments via the BlueMedia website – possible current payment methods are specified on the Online Store website in the “Payment methods” tab and on the website: https://bluemedia.pl.
      • Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer’s choice via bluemedia.pl. The service of electronic payments and payment cards is provided by:
        • Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard, MasterCard Electronic, Maestro, via Bluemedia.pl – possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website http: / /www.bluemedia.pl.
        • § BlueMedia.pl – the company Blue Media SA with its seat in Sopot (seat address: ul. Powstańców Warszawy 6 81-718 Sopot), entered into the Register of Entrepreneurs of the National Court Register under the number: 0000320590, registration files kept by the District Court Gdańsk-Północ in Gdańsk, share capital in the amount of PLN 2,000,000 fully paid up, NIP: 5851351185.
    2. Date of payment:
      • If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 1 calendar days from the date of the Sale Agreement.
      • If the Customer selects the payment on delivery upon delivery, the Customer is obliged to make the payment upon delivery.
    3. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.
    4. When paying by card, the order fulfillment time must be indicated from the moment of obtaining a positive authorization.
  5. Costs, methods and date of delivery and collection of the product
    1. Product delivery is available on the territory of the Republic of Poland.
    2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the “Delivery costs” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
    3. Personal collection of the Product by the Customer is free of charge.
    4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
      • Postal delivery, cash on delivery.
      • Delivery service in the area of ​​+15 km from ul. Francuska 59 in Katowice – PLN 25.
      • Delivery service in the area above 15 km to 25 km from ul. Francuska 59 in Katowice – PLN 35.
      • Delivery service over 25 km from ul. Francuska 59 in Katowice – PLN 45.
      • Free personal pickup available at: ul. Francuska 59, 40-028 Katowice – on Working Days, from 08:00 to 18:00, on Saturday from 09:00 to 15:00.
      • The delivery service takes place on Business Days, in the selected time period 09: 00-12: 00, 12: 00-14: 00, 14: 00-18: 00, on Saturday 09: 00-12: 00, 12: 00- 15:00.
    5. The date of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
      • If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
      • If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement.
    6. The deadline for the Product to be picked up by the Customer – if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest term provided, which, however, may not exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
      • If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
      • If the Customer chooses the method of cash on personal collection – from the date of conclusion of the Sales Agreement.
  6. Product complaint
    1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).
    2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information on the Seller’s liability for a Product defect and the Customer’s rights are set out on the Online Store website in the “Product complaint” tab.
    3. The complaint may be submitted by the customer, for example:
      • in writing to the following address: ul. Francuska 59, 40-028 Katowice;
      • in electronic form via e-mail to the following address: kontakt@madlen.pl;
    4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
    5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of the item or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request was considered justified .
    6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Francuska 59, 40-028 Katowice. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
  7. Out-of-court methods of dealing with complaints and redress as well as rules of access to these procedures
    1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
    2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, Warsaw.), The task of which is, among others, providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
    3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) application for an out-of-court dispute resolution to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail to the address advise @ dlakonsumentow.
    4. At the address http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
  8. The right to withdraw from the contract (applies to sales contracts concluded from December 25, 2014)
    1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
      • in writing to the following address: ul. Francuska 59, 40-028 Katowice;
      • in electronic form via e-mail to the following address: kontakt@madlen.pl;
    2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the ” Withdrawal ” tab . The consumer may use the form template, but it is not obligatory.
    3. The period for withdrawal from the contract begins:
      • for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;
      • for other contracts – from the date of conclusion of the contract.
    4. In the event of withdrawal from a distance contract, the contract is considered void.
    5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself,
    6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Francuska 59, 40-028 Katowice.
    7. The consumer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
    8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
      • If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
      • The consumer bears the direct costs of returning the Product.
      • In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount to be paid is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
    9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
      1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who has been informed prior to the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which, after opening the packaging, cannot be returned for health protection or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content,
  9. Provisions relating to entrepreneurs
    1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
    2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
    3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding a Sales Agreement.
    4. . Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.
    5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner adopted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability.
    6. Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
    7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
    8. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient / Customer who is not a consumer.
    9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
  10. Final Provisions
    1. Agreements concluded via the Online Store are concluded in Polish.
    2. Changing the Regulations:
      • The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
      • In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services – Account), the amended regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
      • In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not apply affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.
    3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.
  11. Model withdrawal form (Annex 2 to the Act on consumer rights) Model withdrawal
    form (this form should be completed and returned only if you wish to withdraw from the contract) Addressee
    MF Magdalena Wojciechowska
    ul. Francuska 59, 40-028 Katowice
    www.madlen.pl
    kontakt@madlen.plJa/My (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for a work involving the performance of the following (*) / for the provision of the following service (*)
    Date of conclusion of the contract (*) / receipt (*)
    Name and surname of the consumer (s)
    Signature of the consumer (s) (only if the form is sent in paper version)
    Date
    (*) Delete as appropriate.

PRIVACY POLICY

ONLINE STORE madlen.pl

 

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. BASIS FOR DATA PROCESSING
  3. PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE
  4. DATA RECIPIENTS IN THE ONLINE STORE
  5. PROFILING IN THE ONLINE STORE
  6. THE RIGHTS OF THE PERSON WHO THE DATA CONCERNS
  7. COOKIES IN THE ONLINE STORE, PERFORMANCE DATA AND ANALYTICS
  8. FINAL PROVISIONS

 

1. GENERAL PROVISIONS

1.1. This privacy policy of the Online Store is informative, which means that it is not a source of obligations for Service Users or Customers of the Online Store. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store.

1.2. The administrator of personal data collected via the Online Store is Magdalena Pasternak running a business under the name of MF Magdalena Wojciechowska entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business and address for delivery : ul. . Francuska 59, 40-028 Katowice, NIP 6342745025, REGON 364982260, e-mail address: kontakt@madlen.pl, contact telephone number: 785975589 – hereinafter referred to as the “Administrator” and being at the same time the Service Provider of the Online Store and the Seller.

1.3. Contact details of the data protection officer appointed by the Administrator: ____________________________________.

1.4. Personal data in the Online Store are processed by the Administrator in accordance with applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of such data and the repeal of Directive 95/46 / EC (general data protection regulation) – hereinafter referred to as “GDPR” or “GDPR Regulation”. The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679

1.5. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) concluding contracts with the Administrator – failure to provide in the cases and to the extent indicated on the Online Store website and in the Regulations of the Online Store and this privacy policy personal data necessary to conclude and perform a Sales Agreement or contract for the provision of Electronic Services with the Administrator results in the inability to conclude this contract. Providing personal data is in this case a contractual requirement and if the data subject wants to conclude a given contract with the Administrator, he is obliged to provide the required data. Each time, the scope of data required to conclude a contract is previously indicated on the website of the Online Store and in the Regulations of the Online Store; (2) statutory obligations of the Administrator – providing personal data is a statutory requirement resulting from generally applicable legal provisions imposing on the Administrator the obligation to process personal data (e.g. data processing for the purpose of keeping tax or accounting books) and failure to provide them will prevent the Administrator from performing these obligations.

1.6. The administrator takes special care to protect the interests of persons whose personal data being processed by him, and in particular is responsible and ensures that the data collected by him are: (1) processed in accordance with the law; (2) collected for specified, lawful purposes and not subjected to further processing incompatible with these purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing, and (5) processed in a manner ensuring adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage,

1.7. Taking into account the nature, scope, context and purposes of processing as well as the risk of violating the rights or freedoms of natural persons with different probability and severity of the threat, the Administrator implements appropriate technical and organizational measures so that the processing takes place in accordance with this regulation and to be able to prove it. These measures are reviewed and updated as necessary. The administrator uses technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.

1.8. All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) should be understood in accordance with their definition contained in the Regulations of the Online Store available on the Online Store website.

2. GROUNDS FOR DATA PROCESSING

2.1. The administrator is entitled to process personal data in cases where – and to the extent in which – at least one of the following conditions is met: (1) the data subject has consented to the processing of his personal data for one or more specific purposes ; (2) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary to fulfill the legal obligation incumbent on the Administrator; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except for situations,

2.2. The processing of personal data by the Administrator requires each time the existence of at least one of the bases indicated in point 2.1 of the privacy policy. The specific grounds for processing the personal data of the Service Users and Customers of the Online Store by the Administrator are indicated in the next section of the privacy policy – in relation to the given purpose of personal data processing by the Administrator.

3. PURPOSE, BASIS, PERIOD AND SCOPE OF DATA PROCESSING IN THE ONLINE STORE

3.1. Each time the purpose, basis, period and scope as well as the recipients of personal data processed by the Administrator result from actions taken by a given Service User or Customer in the Online Store. For example, if the Customer decides to make purchases in the Online Store and selects the personal collection of the purchased Product instead of the courier shipment, his personal data will be processed in order to perform the concluded Sales Agreement, but will no longer be made available to the carrier performing the shipment at the request of the Administrator.

3.2. The Administrator may process personal data in the Online Store for the following purposes, on the following grounds, in the following periods and scope:

 

Purpose of data processing The legal basis for the processing and the period of data storage The scope of processed data
Performance of the Sales Agreement or contract for the provision of Electronic Services or taking action at the request of the data subject, before concluding the above-mentioned contracts Article 6 (1) 1 lit. b) GDPR Regulations (performance of the contract) 

The data is stored for the period necessary to perform, terminate or otherwise terminate the concluded contract.

Maximum range: name and surname; e-mail address; contact telephone number; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from the delivery address). 

In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service User or Customer.

The specified scope is maximum – in the case of e.g. personal collection, it is not necessary to provide the delivery address.

direct marketing Article 6 (1) 1 lit. f) GDPR Regulations (legitimate interest of the administrator) 

The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract – two years).

The administrator may not process data for the purpose of direct marketing in the event of an effective objection in this regard by the data subject.

E-mail address
Marketing Article 6 (1) 1 lit. a) GDPR Regulations (consent) 

The data is stored until the data subject withdraws his consent for further processing of his data for this purpose.

Name, e-mail address
Expressing the opinion by the Customer on the concluded Sales Agreement Article 6 (1) 1 lit. a) GDPR Regulations 

The data is stored until the data subject withdraws his consent for further processing of his data for this purpose.

E-mail address
Keeping tax or accounting books Article 6 (1) 1 lit. c) Regulations of the GDPR in connection with joke. 86 § 1 of the Tax Ordinance, i.e. of January 17, 2017 (Journal of Laws of 2017, item 201) or art. 74 sec. 2 of the Accounting Act, i.e. of January 30, 2018 (Journal of Laws of 2018, item 395) 

The data is stored for the period required by law requiring the Administrator to store tax books (until the tax liability period expires, unless the tax laws provide otherwise) or accounting books (5 years, counting from the beginning of the year following the financial year to which the data relates).

First name and last name; address of residence / business / seat (if different from the delivery address), company name and tax identification number (NIP) of the Service User or Customer
Determining, investigating or defending claims that may be raised by the Administrator or which may be raised against the Administrator Article 6 (1) 1 lit. f) GDPR Regulations 

The data is stored for the duration of the legitimate interest pursued by the Administrator, but no longer than for the period of limitation of claims against the data subject due to the business activity conducted by the Administrator. The limitation period is determined by the law, in particular the Civil Code (the basic limitation period for claims related to running a business is three years, and for a sales contract – two years).

First name and last name; contact telephone number; e-mail address; delivery address (street, house number, apartment number, zip code, city, country), address of residence / business / seat (if different from the delivery address). 

In the case of Service Users or Customers who are not consumers, the Administrator may additionally process the company name and tax identification number (NIP) of the Service User or Customer.

4. DATA RECIPIENTS IN THE ONLINE STORE

4.1. For the proper functioning of the Online Store, including the implementation of Sales Agreements concluded, it is necessary for the Administrator to use the services of external entities (such as, for example, a software provider, courier or payment processor). The administrator uses only the services of such processors who provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing meets the requirements of the GDPR Regulation and protects the rights of the data subjects.

4.2. The transfer of data by the Administrator does not take place in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator provides data only when it is necessary to achieve a given purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Customer uses a personal pickup, his data will not be transferred to the carrier cooperating with the Administrator.

4.3. The personal data of the Service Users and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

  • carriers / forwarders / courier brokers – in the case of a Customer who uses the Online Store with the method of delivery of the Product by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier, forwarder or intermediary performing the shipment at the request of the Administrator to the extent necessary to deliver the Product To the client.
  • entities servicing electronic payments or by payment card – in the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to handle payments made by the Customer .
  • lenders / lessors – in the case of a Customer who uses the Online Store with the method of payment in the installment system or leasing payment, the Administrator provides the Customer’s collected personal data to the selected lender or lessor servicing the above payments in the Online Store at the request of the Administrator to the extent necessary to handle payments made by The customer.
  • supplier of the opinion poll system – in the case of a Customer who has agreed to express an opinion on the concluded Sales Agreement, the Administrator provides the Customer’s collected personal data to the selected entity providing the system of opinion polls on the concluded Sales Agreements in the Online Store at the request of the Administrator to the extent necessary for the Customer to express an opinion for using the opinion poll system.
  • service providers providing the Administrator with technical, IT and organizational solutions, enabling the Administrator to conduct business activities, including the Online Store and the Electronic Services provided through it (in particular, computer software providers for running the Online Store, e-mail and hosting providers and software management software providers) company and providing technical assistance to the Administrator) – the Administrator provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.
  • providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, law firm or debt collection company) – the Administrator provides the collected personal data of the Customer to a selected supplier acting on his behalf only in the case and to the extent necessary to complete a given the purpose of data processing in accordance with this privacy policy.

5. PROFILING IN THE ONLINE STORE

5.1. The GDPR Regulation imposes an obligation on the Administrator to inform about automated decision-making, including profiling referred to in art. 22 sec. 1 and 4 of the GDPR Regulation, and – at least in these cases – relevant information about the rules for their taking, as well as the meaning and anticipated consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this point of the privacy policy.

5.2. The Administrator may use profiling for direct marketing purposes in the Online Store, but the decisions made on its basis by the Administrator do not apply to the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending him a rebate code, reminding about unfinished purchases, sending a Product proposal that may correspond to the interests or preferences of a given person or proposing better conditions compared to the standard offer of the Online Store. . Despite profiling, a given person makes a free decision whether he will want to use the discount received in this way,

5.3. Profiling in the Online Store consists in an automatic analysis or forecast of a given person’s behavior on the Online Store website, e.g. by adding a specific Product to the basket, browsing a specific Product page in the Online Store, or by analyzing the previous history of purchases in the Online Store. The condition for such profiling is the Administrator having personal data of a given person in order to be able to send it, e.g. a rebate code.

5.4. The data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects or significantly affects the person in a similar way.

6. RIGHTS OF THE PERSON WHO THE DATA CONCERNS

6.1. The right to access, rectify, limit, delete or transfer – the data subject has the right to request the Administrator to access his personal data, rectify it, delete (“the right to be forgotten”) or limit processing and has the right to object to processing, and also has the right to transfer their data. Detailed conditions for the exercise of the above-mentioned rights are set out in Art. 15-21 of the GDPR Regulation.

6.2. The right to withdraw consent at any time – a person whose data is processed by the Administrator on the basis of expressed consent (pursuant to art.6 par.1 lit.a) or art. 9 sec. 2 lit. a) of the GDPR Regulation), it has the right to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.

6.3. The right to lodge a complaint to the supervisory body – the person whose data is processed by the Administrator has the right to lodge a complaint with the supervisory body in the manner and in the manner specified in the provisions of the GDPR Regulation and Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland is the President of the Personal Data Protection Office.

6.4. Right to object – the data subject has the right to object at any time – for reasons related to his particular situation – to the processing of his personal data based on art. 6 sec. 1 lit. e) (public interest or tasks) or f) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the administrator is no longer allowed to process this personal data, unless he demonstrates the existence of valid legally valid grounds for processing, overriding the interests, rights and freedoms of the data subject, or the grounds for establishing, investigating or defending claims.

6.5. Right to object to direct marketing – if personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his personal data for such marketing purposes, including profiling, to the extent which processing is related to such direct marketing.

6.6. In order to exercise the rights referred to in this point of the privacy policy, you can contact the Administrator by sending an appropriate message in writing or by e-mail to the Administrator’s address indicated at the beginning of the privacy policy or using the contact form available on the Online Store website.

7. COOKIES IN THE ONLINE STORE, PERFORMANCE DATA AND ANALYTICS

7.1. Cookies (cookies) are small text information in the form of text files, sent by the server and saved on the side of the person visiting the website of the Online Store (e.g. on the hard drive of the computer, laptop or on the smartphone’s memory card – depending on the device used visitors to our Online Store). Detailed information on cookies, as well as the history of their creation, can be found, among others here: http://pl.wikipedia.org/wiki/Ciasteczko .

7.2. The administrator may process the data contained in cookies when visitors use the website of the Online Store for the following purposes:

  • identifying the Recipients as logged in to the Online Store and showing that they are logged in;
  • remembering Products added to the basket in order to place an Order;
  • remembering data from completed Order Forms, surveys or login details to the Online Store;
  • adjusting the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the Online Store websites;
  • keeping anonymous statistics showing how to use the Online Store website;
  • remarketing, i.e. research on the behavior of visitors to the Online Store through anonymous analysis of their activities (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and provide them with advertisements tailored to their expected interests, also when they visit other websites on the Google Inc. advertising network. and Facebook Ireland Ltd.

7.3. By default, most web browsers available on the market accept cookies by default. Everyone has the option to define the terms of using cookies using the settings of their own web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the option of saving Cookies – in the latter case, however, it may affect some of the functionalities of the Online Store (for example, it may be impossible to pass the Order path through the Order Form due to for not remembering the Products in the basket during the next steps of placing the Order).

7.4. The web browser settings for cookies are important from the point of view of consent to the use of cookies by our Online Store – in accordance with the law, such consent may also be expressed through the settings of the web browser. In the absence of such consent, the browser settings for cookies should be changed accordingly.

7.5. Detailed information on changing cookie settings and their self-removal in the most popular web browsers is available in the help section of the web browser and on the following pages (just click on the link):

in the Chrome browser

in the Firefox browser

in Internet Explorer

in the Opera browser

in the Safari browser

in the Microsoft Edge browser

7.6. The Administrator may use Google Analytics and Universal Analytics services provided by Google Inc. in the Online Store. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA) and the Facebook Pixel service provided by Facebook Ireland Limited (4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland). These services help the Administrator analyze traffic in the Online Store. The collected data is processed as part of the above services in an anonymised manner (these are so-called operational data that prevent the identification of a person) to generate statistics helpful in administering the Online Store. These data are aggregate and anonymous, i.e. they do not contain identifying features (personal data) of visitors to the Online Store website.

7.7. It is possible for a given person to easily block information about their activity on the website of the Online Store with Google Analytics – for this purpose, you can install a browser add-on provided by Google Inc. available here: https://tools.google.com/dlpage/gaoptout?hl=pl

8. FINAL PROVISIONS

The Online Store may contain links to other websites. The administrator urges that after switching to other websites, read the privacy policy established there. This privacy policy applies only to the Administrator’s Online Store.

 

Up
Order
online!
Napisz do nas!
Call
us!
Zadzwoń do nas!
Where
are we?
Gdzie jesteśmy?

Copyright 2019 © All rights reserved | Madlen Flowers Kwiaciarnia Katowice