Service Regulation

REGULATIONS OF THE ONLINE STORE   

WWW.MAGNIFICENTCOFFEE.PL

 

 

GENERAL PROVISIONS

 

1.1. MAGNIFICENT COFFEE online store operating at the Internet address: www.magnificentcoffee.pl (hereinafter referred to as: Store) is run by: FUNDACJĘ ROZWOJU PRZEDSIĘBIORCZOŚCI „TWÓJ STARTUP” with seat in the address: ul. Żurawia 6/12, room 766, 00-503 Warssaw, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register under the number 0000442857; Tax ID: 5213641211; Statistical Number: 146433467 (hereinafter referred to as Foundation).

The warehousing, shipment of goods and acceptance of returns and complaints is carried out by the Organized Part of the Enterprise of the Foundation named Magnificent Coffee, located at the address: Krasnobrodzka 17/186, 03-214 Warsaw.

1.2. These Regulations define the rules of using the Store, the conditions for placing orders for products available in the Store, time and rules of order processing, terms and forms of payment, Customer's right to cancel the order and withdraw from the contract and the rules for submitting and considering complaints.

1.3. The Store conducts retail sales via the website using means of remote communication. In order to use the Store, it is necessary to be of age (18 years old) as well as:

1.4. The Customer is entitled and obliged to use the Store in accordance with its intended purpose and the rules of social coexistence and morality.

1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference in the content of the Store or its technical elements, as well as from providing unlawful content. It is forbidden to use the Store for any purpose other than its purpose, in particular to send spam or to keep any commercial, advertising, promotional and political activities on the Store's websites

1.6. The Store is not responsible for any disruptions, including breaks in functioning caused by force majeure, unauthorized operation of third parties or incompatibility of the Store with the Customer's technical infrastructure to the fullest extent permitted by law.

1.7. Browsing the Store's assortment does not require registration and the placing of orders for products in the Store does not require Customer's registration either.

1.8. The Customer is obliged to read the Regulations of the Store at the latest at the time of placing an order and when placing an order, the Customer confirms that has become acquainted with the Regulations.

 

II CONDITIONS AND ORDER COMPLETION TERMS

 

2.1. All announcements, advertisements, price lists and other information published on the Store's websites do not constitute an offer within the meaning of the Civil Code, but an invitation to enter into a contract (Article 71 of the Act of 17 February 2016, Civil Code, Journal of Laws of 2016, item 380 with later amendments)

2.2. The Customer places the order by indicating the products of interest and by selecting the "to Cart" command on the product page and then indicating in the Cart the method of payment and order confirmation.

2.3. In the Cart, the Customer has the possibility to::

2.4. In the case of a justified suspicion that the Customer gave false data to the Store, the Store has the right to withdraw from the contract by notifying the Customer

2.5. The shipment of purchased goods is carried out within 2 business days, however, this period is counted from the moment the payment for the goods is confirmed on the Store's account

2.6. The shipment of purchased goods paid by card is carried out within 2 business days, however, this period is counted from the moment the payment for the goods is positively authorized.

2.7. The purchased goods are sent in envelopes or boxes that do not have any markings that may suggest the content of the shipment and are transmitted by a neutral sender, whose name is not related to the industry.

2.8. The orders can be placed electronically 24 hours a day throughout the year. The orders placed on Saturdays, Sundays and public holidays are accepted on the next working day.

2.9. The Store reserves the right to temporarily suspend operations for purposes of maintenance, development and modernization..

2.10. If the Customer chooses a payment method involving the intermediaries in the transaction (PayPal), the lack of payment within 2 days from placing the order shall result in the order being canceled. In this situation, the Customer may place the order again. The completion of the order paid by bank transfer or by credit card begins upon receipt of the amount due for the goods

2.11. In the event that the completion of a part of the order is not be possible, the Store may offer the Customer the following solutions:

2.11.1. cancellation of the entire order (if this option is chosen by the Customer, the Store shall be released from the obligation to fulfill the order);

2.11.2. cancellation of this part of the order, the completion of which is not possible within the prescribed period of time (in the case of choosing this option by the Customer, the order will be completed in part, but the Store shall be released from the obligation to complete it in the remaining scope); 

2.11.3. implementation of substitute service, which will be confirmed with the Customer. After approval by the Customer, the order involving replacement service, shall be treated as final; 

2.11.4. division of the order and setting a new deadline for this part of the order, the completion of which is not possible within the originally agreed term (if this option is chosen by the Customer, the ordered products will be shipped in several separate shipments and the customer will incur additional costs related to the division of the order into several shipments).

2.12. In the absence of the ordered product in the Store or the inability to perform the Customer's order for other reasons, the Store shall inform the Customer by sending information to the email address provided during registration within 2 (two) days from the date of the order.

2.13. If the payment for the order, which could not be completed in whole or in part, has been made in advance, the Store shall refund the amount (or difference) paid by the Customer within 7 (seven) days from the date of sending the information, on the terms set out in detail in section IV of these Regulations

2.14. If the Customer provides incorrect or inaccurate data, including in particular the incorrect or inaccurate shipment address, the Store shall not be liable for non-delivery or delay in delivery of the order to the fullest extent permitted by law.

2.15. The Store may post on the Store's website the information about the number of working days, that is the days of the week from Monday to Friday, excluding public holidays, during which the order will be shipped. This information is an approximate time counted from the moment of acceptance of the order until the moment of sending the order to the Customer. The order delivery time is given taking into account the date of completion of all ordered products

2.16. The Store serves Customers within the territory of Europe.

 

III PRODUCT PRICES AND SHIPPING COSTS

 

3.1. The prices of products offered by the Store include VAT and are given in the Polish currency.

3.2. The price of the product does not contain the cost of shipping.

3.3. The Store reserves the right to change the prices of goods in the Store, to introduce new products for sale, to carry out and cancel promotional campaigns, or to make changes in accordance with the Civil Code and other acts, but such changes do not violate the rights of Customers who have concluded contracts for the sale of goods offered by the Store before the above-mentioned changes or rights of Customers entitled to use a given promotion, in accordance with its rules and during its duration.

3.4. Shipping costs are added to the sum of ordered products and are covered by the Customer.

3.5. When picking up a parcel delivered by a courier, it is recommended that the Customer checks the condition of the outer packaging of the parcel. In the case of the parcel being damaged, it is recommended that the Customer, together with the courier, draw up a damage report, in two identical copies signed by the Customer and the courier. Failure to comply with the recommendations does not affect the possibility of lodging a complaint in the Store.

3.6. When collecting a parcel from the parcel machine (Paczkomat), the Customer should check the condition of the parcel and, if there are any objections, select the option regarding the complaint on the parcel machine screen and follow the displayed instructions. Failure to comply with the recommendations does not affect the possibility of lodging a complaint in the Store.

 

IV ACCEPTED FORMS OF PAYMENT

 

4.1. The payment for the goods to be delivered can be made by means of: 

4.1.1. on-line money transfer using payment systems and PayPal;

4.1.2. bank money transfer to the Store's bank account;

4.1.3. credit card.

4.2. Refunds are made in the same form as the payment was made by the Customer. If there is a need to return funds for a transaction made by the Customer with a credit card, the Store shall refund to the bank account assigned to the credit card of the Customer.



V COMPLAINTS AND RETURN OF GOODS

 

5.1 The Customer has the right to withdraw from the contract without giving any reasons and incurring costs. The contract which was cancelled shall be considered null and void.

5.2 In the case of the intention to withdraw from the contract, the Customer shall submit a written declaration of withdrawal from the contract and send it to the Store within 14 days from the delivery of the goods, and if the goods are delivered in parts from the delivery of the last part. To meet the deadline, it is enough to send the declaration before its expiry date to the postal address of the Store or scan the signed declaration and send it to the e-mail address of the Store, that is: contact@magnificentcoffee.pl

5.3. In the case referred to in paragraph 1, the Customer is obliged to return the purchased goods as soon as possible, but not later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to send the goods before the expiry date. The costs of returning the goods are covered by the Customer

5.4. In cases referred to in paragraph 2, the Store is obliged to provide the Customer with the amount paid for the goods and shipping within 14 days from the date of submitting the declaration of will on withdrawal. However, if the Customer chose the method of delivery of the order other than the cheapest way offered by the Store for a given order, the Store is not obliged to reimburse the Customer for additional costs incurred.

5.5 The Store shall refund the payment using the same payment method as used by the Customer, unless the customer agrees with the Store another way of refund which does not involve any costs for the Store. The Store abstains from the return of payment received from the Customer until the goods are returned or the Customer provides proof of sending them back, whichever comes first. The Store shall also correct the purchase receipts previously provided to the Customer (VAT invoice or the purchase specification).

5.6 If the Customer has sent a declaration of withdrawal from the contract before receiving the confirmation of completion of the order, the order is considered as canceled.

5.7. The Customer is liable for a decrease in the value of the goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and properties of the goods.

5.8. The Customer has the right to submit a complaint in the event of non-compliance of the goods with the contract. The complaint in this respect shall be submitted by the Customer in writing or by e-mail within 14 days from the date of delivery of the goods. The correspondence address and e-mail address are specified in paragraph 1, item 1 and paragraph 5, item 2 of these Regulations. The complaint may contain one of the following requests: price reduction, removal of the defect, replacement of the product for one which is free of defects or a declaration of withdrawal from the contract.

5.9. The Store may request completion of the complaint by requesting the Customer to send a copy or scan of proof of purchase (VAT invoice or purchase specification), packaging in which the purchased goods have arrived or the goods that are the subject of the complaint. The complaint shall be considered within 7 days from the date of its submission, if it is complete or from its supplement, if it was required. The delivery of the goods to the Store under the conditions specified in this paragraph shall take place at the expense of the Store.

5.10. If the complaint is considered as justified, the Store immediately informs the Customer and, depending on the demand, reduces the price or sends the full value goods to the Customer, and in the absence of such a possibility, returns the due amount to the bank account of the Customer or refunds to the credit card assigned to the Customer. The Store issues the corrected proof of purchase to the Customer (VAT invoice or corrected purchase specification).

5.11. The use of a specific method of out-of-court resolution of a dispute is possible only by mutual consent of the Customer and the Store. The detailed procedures for out-of-court dispute resolution between the Customer and the Store are available on the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl, on the websites of Provincial Inspectorates of Trade Inspection, as well as at local (municipal) consumer ombudsmen.

5.12. To determine the rights and obligations of the Customer and the Store for matters not regulated in these Regulations, there shall be applicable the provisions of the Civil Code, in particular the provisions on warranty during sale

5.13 The complaint form and contract withdrawal form can be downloaded Here.

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VI REFUNDS

6.1. The Store shall refund the payment within 7 business days using the same payment methods that were used by the Customer in the original transaction, in the case of:

6.1.1. cancellation of the order or part of the order (in which case the appropriate part of the price is refunded) paid in advance before its completion;

6.1.2. return of the product (withdrawal from the contract) which was delivered by Poczta Polska or a courier company;

6.1.3. recognition of complaint and the inability to repair a damaged product or to replace it with a new one;

6.1.4. recognition of the right to demand a reduction in the price of the product.

6.2. The Store shall refund money to the Customer's bank account (including the one associated with the Customer's credit card) if the order was already paid for:

6.2.1. in advance by bank transfer or credit card.

VII FINAL PROVISIONS

7.1. The Store informs, and the Customer acknowledges that using the Internet may involve risk in the form of damage that the Customer may incur as a result of threats occurring on the Internet, in particular hacking the Customer's IT system, taking over passwords by third parties, infecting Customer's IT system with viruses.

7.2. The Store is not responsible to the widest extent permitted by law for blocking by the administrators of e-mail servers to send messages to the e-mail address indicated by the Customer and for deleting and blocking e-mails by software installed on the computer used by the Customer.

7.3. The differences between the visualization of the product resulting from the individual settings of the Customer's computer (color, proportions, etc.) and the actual appearance of the product can not be the basis for the complaint. In this case, the Customer has the right to withdraw from the contract in accordance with the provisions of section V of these Regulations.

7.4. The Store informs that any trademarks placed on the Store's websites (logos, brand names, etc.), graphic materials or photos are protected by law and are used by the Store for information purposes only.

7.5. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law.

7.6. The Store contains content protected by intellectual property rights, in particular content protected by copyrights (content posted in the store, graphic layouts, graphics, photos, etc.). Customers and visitors of the Store undertake to respect intellectual property rights (including proprietary copyrights and industrial property rights such as rights arising from the registration of trademarks) vested in the Store and third parties. The Customer or any person visiting the Store's website bears sole responsibility for non-compliance with the provisions of these Regulations.

7.7. The Customers can not place content that is against the law, immoral or infringing the interests of third parties. It is also prohibited for Customers to publish links to pornographic or obscene material or materials offending other people's dignity.

7.8. The Store undertakes to inform registered Customers of the Store about every change of these Regulations by sending an electronic message to the e-mail addresses provided by Customers during registration. The Customer, after receiving such information, will be able to delete the account at any time.

7.9. In matters not covered by these Regulations, the provisions of Polish law shall apply. These are in particular the Civil Code, the Act on special terms for consumer sales and the amendment of the Civil Code, as well as the Act on the protection of consumer rights and liability for damage caused by dangerous products.

7.10. These Regulations are effective from 12.10.2016.

 

The information about the out-of-court dispute resolution

 

In accordance with Regulation of the European Parliament and the Council of the European Union No. 524/2013 dated 21 May 2013 on the online system for the resolution of consumer disputes and amendments to Regulation (EC) No. 2006/2004 and Directive No. 2009/22 / EC (ODR Regulation in consumer disputes), Fundacja Rozwoju Przedsiębiorczości "Twój Startup" based in Warsaw hereby provides an electronic link to the online ODR platform (online dispute resolution platform): https://webgate.ec.europa.eu/odr. The ODR platform enables the out-of-court resolution of disputes between entrepreneurs and consumers. The settlement of disputes by this method is voluntary.


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