Many Evenings s.c.

(+48) 513 637 578

manyevenings@gmail.com

Appendix 2. Template of the complaint form

Appendix 1. Template of the agreement withdrawal form

Online Shop Terms and Conditions

 

These Regulations specify, among other things, the terms of concluding sales contracts through the Online Shop available at: https://manyevenings.com/en/shop, including the most important information regarding the Seller, the Shop and Consumer Rights.

 

Chapter 1.General Provisions

 

1.1. Online shop available at: https://manyevenings.com/en/shop is a platform operated by Karolina Gadowska carrying out business activity under the name of Many Evenings Karolina Gadowska and Rafał Czekalewski carrying out business activity under the name of Many Evenings Rafał Czekalewski, partners in a civil partnership named Many Evenings Rafał Czekalewski, Karolina Gadowska s.c., entered into the Central Register and Information on Economic Activity of the Republic of Poland, having tax identification number (NIP): 6832104322, and business register number (REGON): 382 724 549.

 

Contact details:

Postal address: Węgrzce Wielkie 315, 32-002 Węgrzce Wielkie, Poland

Email address: manyevenings@gmail.com

Phone: (+48) 513 637 578

 

1.2. These Regulations contain framework provisions of the sales agreement concluded through the Many Evenings Online Shop at: https://www.mayevenings.com/en/shop. A template of the agreement withdrawal form and a template of the complaint form are Annexes to these Regulations. Prior to registration or placing an order a Customer is obligated to read and accept the content of the following Regulations and the Privacy Policy.

1.3. Along with the acceptance of these Regulations, a Customer may give the Seller additional consent for a personal data processing for marketing purposes, in particular for receiving commercial information and offers, publications and other free training materials.

1.4. Terms used in these Regulations have the following meaning:

  • SHOP – Online Shop operated by the Seller available at the internet address: https://manyevenings.com/en/shop, where distance sales contracts are concluded;
  • SELLER - Karolina Gadowska carrying out business activity under the name of Many Evenings Karolina Gadowska and Rafał Czekalewski carrying out business activity under the name of Many Evenings Rafał Czekalewski, partners in a civil partnership named Many Evenings Rafał Czekalewski, Karolina Gadowska s.c., entered into the Central Register and Information on Economic Activity of the Republic of Poland, having tax identification number (NIP): 6832104322, and business register number (REGON): 382 724 549;
  • CUSTOMER – a subject (including a Consumer) making purchases in the Shop;
  • CONSUMER – Customer, being a natural person, who has concluded a distance sales contract or a sales contract outside the business premises, for purposes which are outside his business or profession;
  • PRODUCT – a movable item, which can be purchased by a Customer in the Shop
  • ORDER – a procedure leading to a conclusion of a sales contract, by using available in the Online Shop Order Form, preceded by selecting a product or a method of payment and delivery;
  • BASKET/ORDER FORM – electronic form that allows a Customer to place an Order;
  • CUSTOMER ACCOUNT – set of information about the Customer (address, order history) located in the Seller’s IT system;
  • PRICE – unit price included in a Product description, expressed in Polish Zloty (and denominated in other currency in the English version of the Shop), without a shipping cost;
  • SHIPPING COST – a cost of Product delivery, covered by a Customer;

1.5. Information about features and important properties of a Product are given each time with the presented Product, and provide invitation to enter into agreement within the meaning of article 71 of the Civil Code, on the principles specified by these Regulations.

1.6. All products available in the Online Shop are handmade with the greatest precision and attention to detail. Products made at the individual request of the Customer (or modified according to the Customer’s directions, e.g. with regards to colour, size or replacement of some particular components) may differ from the photos presented in the Online Shop, forming the basis for the individual order placed by the Customer. The time needed for a processing of the individual Order is established, when such Order is placed.

1.7. Using the Online Shop means any activity conducted by a Customer resulting in getting acquainted with the content of the Shop.

1.8. Using the Online Shop is only possible when the ICT system used by a Customer meets the following minimal technical requirements:

a) a computer, laptop or other multimedia device with Internet access;

b) access to e-mail;

c) a web browser: Mozilla Firefox version 11.0 or later or Internet Explorer version 7.0 or later, Opera version 7.0 or later, google Chrome version 12.0 or later;

d) recommended minimum screen resolution: 1024 x 768;

e) enabling cookies and JavaScript in the web browser;

 

Chapter 2.Placing Orders

 

2.1. Customers may place orders in the Online Shop through the Order Form, using a Customer Account or a Guest Checkout (without registering the Customer Account).

2.2. The Customer Account enables Customers to use functionalities of the Service after logging in. The advantages of this service include ability to review the history of placed orders, check the order status, or to independently edit the customer data.

2.3. Registration of a Customer Account on the Website is voluntary and free of charge.

2.4. Registering a Customer Account in the Online Shop requires completing the registration form by providing an electronic mail address (e-mail address) and password. In order to register a Customer Account, the Customer is required to read and accept these Regulations.

2.5. Online Shopping is also possible with a Guest Checkout service (without registering a Customer Account), by adding products to the Basket.

To place and order, the Customer should do at least the following steps, some of which may be reiterated:

- adding product to cart and selecting quantity

- selecting the method of delivery

- selecting the method of payment

- indicating the address for a Product delivery

- submitting Order in the Shop by using “order and pay”

2.6. Placing an order is tantamount to concluding a sales contract between the Customer and the Seller.

 

Chapter 3.Order processing

 

3.1. A fundamental condition for order fulfilment is to submit correct contact details, along with a valid, existing e-mail address and a telephone number, at which the order can be confirmed.

3.2. After placing the order, the Customer receives on the provided electronic mail address, e-mail automatically generated by the Shop, with the order details and order number.

3.3. The Customer agrees to provide real and correct data while placing an order. In case of providing false information, the Customer is liable for any damages suffered by the Seller arising from this fact.

 

Chapter 4.Price and Shipping Cost

 

4.1. Prices shown in the Online Shop are given in Polish Zloty (PLN) and are denominated in other currency in the English version of the Shop. All prices presented with products are gross prices and do not include the shipping cost.

4.2. The final and binding price is the price given at the moment of placing an order, additionally confirmed in the Basket and by order confirmation e-mail. Information about the total amount to be paid (with possible shipping cost) is indicated after selecting by the Customer delivery and payment methods.

4.3. While placing an order a customer can use one of the following online payment providers to pay the price and shipping cost:

4.4. If the payment in advance is chosen, the Customer is obligated to make the payment within 3 days from the day of placing the order. The binding date is the date of receipt of the payment on the Seller’s bank account. After the deadline referred to above, the order is cancelled.

4.5. The Customer making purchases in the Online Shop agrees to receive electronic invoices. Such acceptance may be withdrawn.

 

Chapter 5.Delivery

 

5.1. The ordered Product shall be delivered to the address indicated in the order form.

5.2. The parcel is delivered in accordance to the deadline provided for each Product available in the Online Shop. It is the estimated delivery time. When selecting online payment during the checkout, the time required for the funds to be credited to Shop’s bank account has to be added to previously indicated delivery time (usually 1-2 working days).

5.3. The Seller shall commence processing the order after it has been paid.

5.4. Products ordered through the Online Shop are delivered within the territory of the Republic of Poland and the European Union via Courier Companies and the Polish Post Office.

5.5. The shipping cost is payable for each order in the amount indicated in the order summary. The shipping cost may be different for products that are large and heavy, or the ones that required special packing.

5.6. For a trouble-free order processing, the Seller is providing the specific courier company with the e-mail address and the phone number of the Customer. The transfer of the e-mail address and the phone number is a compulsory part of the sales agreement concluded in the Online Shop.

 

Chapter 6. The right to withdraw from the agreement

 

6.1. In accordance with article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended) a Consumer who has concluded a distance sales contract may within 14 days withdraw from this agreement without giving any reason, provided that the Product was not used.

6.2. To exercise the right of withdrawal, a Customer must inform the Seller about their decision by an unequivocal statement. The statement can be made by telephone or in writing e.g. send by post or by email.

6.3. To comply with the deadline to withdraw from the agreement is enough to send information on exercising the right of withdrawal before the deadline to withdraw from the agreement.

6.4. A Customer may use the template of the agreement withdrawal form (Appendix 1 to these Regulations) but it is not mandatory.

6.5. Every statement made by a Customer, regarding withdrawal from the agreement is considered individually. It needs to be remembered that every item sold in the Online Shop is handmade and it may be damaged. A Customer bears the cost of sending the Product back to the Shop.

6.6. In the event of withdrawal from the agreement, the Seller shall refund the payment made by a Customer (excluding the product shipping cost), no later than 14 days from the date of receipt of the customer’s statement of withdrawal from the contract. The refund is done using the same payment method as used by the Customer in the original transaction. The Seller reserves the right to suspend the refund, until the time of receiving the product.

6.7. When returning the product, the Customer is obligated to adequately secure the item for shipping.

6.8. Product return is effective only if the 14 days deadline is met. The Seller does not bear the cost of returning the product.

6.9. The Customer is responsible for a decrease in the value of the item, as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristic and functioning of the Product.

6.10. The Seller accepts only undamaged and complete Products.

6.11. The right to withdraw from the agreement by a Consumer is excluded in case of Products adjusted to customer needs or made to individual custom order.

 

Chapter 7.Complaints Procedure

 

7.1. The basis for the complaint is the Seller’s liability under the warranty for product defects. In order to assess the physical defects, the Product description presented with each product has to be particularly taken into consideration.

7.2. If the Product sold has a defect, the buyer has the right to submit a statement with a request to reduce the price, ask for a defect to be removed, a Product to be replaced with a new one, or to withdraw from the contract, if the defect is significant.

7.3. The above liability under the warranty applies only to Customers who are Consumers. Liability under the warranty doesn’t apply in case of relations between the Seller and the Customer who is not a Consumer.

7.4. In order to lodge a complaint a Customer may complete the template of the complain form (Appendix 2 to these Regulations).

7.5. Complaints may be submitted in writing or via electronic mail.

7.6. In the event of exercising the warranty rights, the Customer is obligated to deliver the defective product to the Seller. Returned item should be properly secured for its transportation and a proof of purchase should be attached to it.

7.7. The shipping cost is borne by a Customer. In case of a positive settlement of the complaint, the Seller is refunding additional shipping cost incurred by the Customer.

7.8. Complaints are considered no later than within 14 days from the date of receiving the defected product back in the shop.

7.9. The Seller is not liable for the consequences of improper use, storage or cleaning of the Product.

7.10. The parties may use the non-judicial ways of dealing with complaints and redress e.g. through mediation, arbitration or in processing before an arbitration court. At http://ec.europa.eu/consumers/odr Customers can find an online dispute resolution platform for customers and traders at EU level (ODR platform). The ODR platform provides comprehensive service for consumers and entrepreneurs seeking the out-of-court resolution of a dispute regarding contractual obligations arising from the online sales agreement or a service contract.

 

Chapter 8.Newsletter

 

8.1. Using the Newsletter service is free and voluntary.

8.2. The use the Newsletter takes place after providing the email address in the “Newsletter” box available on the Online Shop website and clicking the “Subscribe” button. The given email address will be used for sending next editions of the Newsletter. Newsletter subscription is also possible by marking the relevant checkbox when registering a Customer Account – once the Account is created; the Customer is subscribed to the Newsletter.

8.3. The Newsletter is sent only to the email address submitted by the Customer.

8.4. The Customer may, at any time without giving a reason, unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the online shop, in particular via electronic mail to the following email address: manyevenings@gmial.com.

 

Chapter 9.Final Provisions

 

9.1. In the event any provision of these Regulations is deemed unlawful, void or otherwise unenforceable, the other provisions remain in legal force.

9.2. The Seller reserves the right to make amendments to these Regulations. The changes shall have no effect on orders placed prior to effective date of the amendments.

9.3. All disputes arising from the implementation of the provision of the Agreement and these Regulations, parties shall try to settle first by agreement.

9.4. A court having jurisdiction in consumer disputes is the local court according to provisions of the Civil Court Procedure.

9.5. Settling potential disputes arising between the Seller and the Customer, who is not a Consumer, shall be settled by the court having territorial jurisdiction over the Seller’s registered office.

9.6. In matters not covered by these Regulations the generally applicable legal provisions of the Polish law shall apply, in particular the provision of the Polish Civil Code and the Consumer Rights Act.

9.7. The matters concerning the personal data protection of customers are regulated in separated document called “Privacy Policy”.

 

Annexes:

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