1. The herein Regulations define the general terms of selling trough the Madsen House online shop at www.madsenhouse.com run by TelForceOne with its registered seat at Wrocław ul. Krakowska 119, entered into register of entrepreneurs kept by the District Court for Wrocław Fabryczna VI Commercial Division of the National Court Register under the number KRS 0000232137, NIP (Tax Identification Number) 8981967851, statistical number REGON 932674375 and lay down the terms and conditions of rendering free electronic services trough online shop.
2. These Regulations are at any time available on the website http://madsenhouse.com/pl/terms-and-conditions/ in a form allowing the Users to record and preserve their content.
Terms used in herein Regulations have the following meaning:
1. Working Day- one Day from Monday to Friday, excluding public holidays.
2. Delivery- means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.
3. Supplier- an entity, with whom the Seller cooperates in Delivery of Products that is DPD Polska Sp. z o.o with its registered seat in Warsaw ul. Mineralna 15, NIP: 5260204110 entered into register of entrepreneurs kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS no. 0000028368, a professional courier service.
4. Password – a series of letters, digits or other characters selected by the Customer during the Registration in the Online Shop, used in order to secure access to Customer Account in the Online Shop
5. Customer- a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a contract of sale may be concluded.
6. Consumer- a natural person performing a legal act unrelated directly with their business or professional activity with an entrepreneur.
7. Consumer Account- an individual panel, made available for each Customer, established by the Seller, after Registration and after the conclusion of the keeping Customer Account contract.
8. Login – an individual Customer identification, established by the Customer, consisting of sequence of letters, digits or other characters, required together with the Password to establish Customer Account in the Online Shop.
9. Operator of Payment System- an entity operating a payment system between the Customer and the Seller, that is:
a. PayU S.A. with its seat in Poznan, ul. Grunwaldzka 182, entered into register of entrepreneurs kept by the District Court of Poznań – Nowe Miasto i Wilda w Poznaniu, VIII Commercial Division of the National Court Register under KRS no. 0000274399.
b. PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered seat at Luxemburg (L-1150)
10. Entrepreneur – a natural person, legal person or organizational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business or pursuing the profession.
11. Regulations – the provisions of this Regulations
12. Registration- a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop.
13. Seller- TelForceOne with its registered seat at Wrocław ul. Krakowska, entered into register of entrepreneurs kept by the District Court for Wrocław Fabryczna VI Commercial Division of the National Court Register under the number KRS 0000232137, NIP (Tax Identification Number) 8981967851, statistical number REGON 932674375.
14. Shop Website- web pages, under which the Seller runs the Online Shop, operating in the www.madsenhouse.com domain.
15. Product- a product described by the Seller via the Shop Website, which can be a subject of a Sales contract
16. Durable medium- any material or instrument which enables the Customer or the Seller to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
17. Sale contract- a distance sale contract that is concluded by and between the Customer and the Seller under the terms of the Regulations.
18. User – an Internet user, who is using Online Shop to purchase or intending to purchase products or services performed by the Seller trough Shop website.
III. CONDITIONS ON USING WWW.MADSENHOUSE.COM ONLINE SHOP
1. The User, who is a natural person, may use Shop services only if the User has got full capacity to perform acts in law.
2. The User who is not a natural person may use Shop services through the agency of persons empowered to act on his behalf.
5. The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or violating personal rights of third parties
6. The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining Customers data by unauthorised persons, therefore the Customers should use appropriate technical measures to minimise the above mentioned risks. In particular, they should use anti-virus programmes and programmes protecting identity of Internet users.
1. In order to create Customer Account, the Customer must Register free of charges by completing the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller, by selecting an appropriate function contained in the registration form.
2. The Registration is not required to place orders in the Online Shop.
3. During Registration the Customer shall establish an individual Password. The Seller shall never ask the Customer to disclose the Password in any form.
4. During completing of registration form the Customer may get acquainted with the Regulations and shall confirm this fact by marking an appropriate box in the registration form.
5. During Registration process the Customer may voluntarily consent to personal data processing for marketing purposes (hereinafter: marketing consent) by marking an appropriate box in the registration form.
6. The marketing consent is not necessary for the conclusion of Sales Contract and the provision of electronic services of keeping the Customer Account.
7. In the event of marketing consent the Seller shall clearly informs on purposes of Customer’s personal data collection, and about known by the Seller or prospective recipients of these data. Marketing consent involves the consent to receiving commercial information from the Seller at Customer’s e-mail address provided on the registration form.
8. Marketing consent can be withdrawn at any time by the submission of appropriate statement recorded on durable media. The Statement mentioned hereinabove shall be send to the Seller’s address for instance by e-mail.
9. After submitting a completed registration form, the Customer shall promptly receive, to the e-mail address provided on the registration form, Registration confirmation by the Seller. At that time the contract is concluded for the provision of electronic services of keeping the Customer Account.
10. The User is obliged to keep the Login and the Password confidential, and not to make them available to third parties.
V. TERMS OF ORDERS FULLFILLMENT
1. The Seller runs retail sales electronically via Internet Network. Orders shall be accepted only when placed on websites available at domain www.madsenhouse.com.
2. Valid contact details of the Seller are available on the information site of the Shop website.
3. The Customer may place orders trough Shop Website 7 days a week, 24 hours a day.
4. Users may:
– use Shop to , among others, conclude Agreements without registration, or
– register in the Shop with the access data of the User
5. Prices at Shop Website are gross prices (including VAT). Every sold product shall be accompanied by a corresponding commercial document (fiscal receipt or VAT invoice). The Customer may receive a VAT invoices electronically to the e-mail given by the Customer, unless the Customer clearly states that the VAT invoice should be received in traditional form.
6. The Customer completes the order by selecting the Product that he/she is interested in by selecting the “ADD TO BASKET” button under the Product at the Shop Website. After the completion of the whole order and identifying in the “BASKET” of the manner of delivery and form of payment, the Customer shall place the order by sending an order form to the Seller. The form is submitted by activation of the relevant box in the order form.
7. Before each shipment of ordered Products to the Seller, the Customer shall be informed on the total price of selected Products and the total cost of the chosen method of Delivery, and also on the total additional charges of Sale Contract.
8. Placing an order means an offer of the Customer to the Seller to enter into a contract of sale of Products covered by the order.
9. After the order is placed, the Seller shall send order confirmation to the e-mail address provided by the Customer. Confirmation of the order shall mean Seller’s statement of acceptance of the offer referred to in the section 8 above and at the time of receiving of the confirmation of the order by the Customer the Sale contract is concluded.
10. After the conclusion of Sale contract the Seller shall confirm the Customer the conditions of Sale contract by sending them on durable medium to the Customer email address or in writing to the address provided by the Customer during Registration or during placing an order.
VI. METHODS OF PAYMENT
1. The Customer may choose one of the following methods of payment:
a. bank transfer- after placing order the Customer shall receive on e-mail address a bank account number, on which the appropriate price shall be paid. In the time of crediting the payment to the Seller’s bank account the order shall be processed.
b. online bank transfer- this method of payment shall be supported by Operator of Payment System.
2. The Customer shall pay the due price for Products ordered, including shipment costs, no later than within 14 days from the date of the conclusion of the contract.
3. Possible additional costs involved with the respective methods of payment shall be specified in each case in the order sum up.
4. The Seller reserves the right to limit methods of payments or delivery options, by blocking payment and delivery options for some specified types of products. The limitations mentioned hereinabove shall be specified in the description of the Product.
1. Delivery is limited to a defined area on the territory of the Republic of Poland and countries of European Union.
2. Ordered products hall be shipped by the agency of Suppliers, who are the professional post operators or couriers.
3. The place of fulfilling obligation involved with the purchase made at www.masdenhouse.com is the delivery address defined by the Customer.
4. The Seller post at the Shop Website information on the number of Working Days needed to fulfil the order.
5. Delivery date and date of fulfilling of the order posted at the Shop website shall run from the moment of making a payment in the event that the Customer chooses advance payment.
6. On the day of parcel shipping the Customer shall receive to their e-mail address the confirmation thereof.
7. The parcel shall be received within 14 days from the receipt of information about possibility of product reception.
8. In the absence of the Customer at the address indicated in the Customer’s order as the Delivery address, the Supplier’s employee shall leave an advice note. If the ordered Product is returned to the Online Shop by the Supplier, the Seller shall contact the Customer by e-mail or phone to re-fix the time and cost of the Delivery.
9. The Customer must examine the delivered Product in customary time and manner for consignments of that type in the presence of the Supplier’s employee.
10. If there is loss or damage to the shipment the Customer has the right to demand a relevant report to be drawn up by the Supplier’s employee.
1. All products available at www.madsenhouse.com are new, free from physical and legal defects, and were legally introduced into Polish market.
2. The seller shall be liable for warranty if the Product is faulty physically or legally.
3. If a product is faulty, the Customer shall be entitled to:
a. Submit a statement about price reduction or about withdrawal from the Sales contract unless the Seller immediately and without excessive inconvenience repairs or replaces the faulty item into new free from faults. These limitations shall not apply if the item has already been replaced or repaired by the Seller or the Seller did not fulfil the obligation to repair or replace the faulty item into one free from faults. The Customer, instead of having the defect removed by the Seller, is entitled to request replacement of the item for one free of defects or to request removal of the defect instead of replacement of the item, unless to make the item compliant with the agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. In order to assess whether costs are excessive, the value of a faultless item is considered, as well as the type and significance of the fault detected and the aspect of inconvenience caused to the Customer in case of fulfilling the obligation in another manner.
b. request for the item to be replaced for one that is free of defects or for the defect to be removed. The Seller is obliged to replace the faulty item for one that is free of defects or to remove the defect in a reasonable time without excessive inconvenience for the Customer. The Seller may decline to comply with the Customer’s request, if making the item compliant with the agreement in the manner chosen by the Customer is impossible or would require excessive costs in comparison with another manner of ensuring its compliance with the agreement. The costs of replacement or repair are borne by the Seller.
4. The Customer, who is exercising his warranty rights shall send the faulty item to the Seller’s address. The delivery charges are borne by the Seller.
5. The Seller has a liability arising from the warranty, if a physical defect is detected within two years from issue of the item to the Customer
6. The warranty claim to replace or repair faulty item expires after a year, however; this term shall not expire before the term mentioned in the first sentence.. In this term the Customer may withdraw from the Sales Contract or submit a statement about reduction in price. In the event that the Customer requested replacement of the faulty item into one free from faults or removing the defect the term to withdraw from Sale Contract or to submit a statement about reduction in price shall start from the inconclusive expiration of replacement or repair period.
7. All complaints on Products and fulfilling of Sales Contract shall be send to email@example.com, or in writing to : Madsen House, ul. Krakowska 119, 50-428 Wrocław. You can also use interactive form available at Shop website at http://madsenhouse.com/pl/warranty/.
8. In order to process the complaint the Customer shall send or deliver faulty Products to the Seller to the following address: Madsen House, ul. Krakowska 119, 50-428 Wrocław.
9. If the Customer is a Consumer, the Seller shall cover all documented cost of complaint, in particular the cost of delivery of faulty Product to the Seller and the cost of sending the Product to the Customers.
10. The Seller shall respond to the Customer within 14 days from the day of making a complaint about the Product or about fulfilling of the sales contract.
IX. WITHDRAWAL FROM THE DISTANCE CONTRACT
11. The Customer who is a Consumer, who concluded Sales Contract, may withdraw from it within 14 days without providing the reasons.
12. The fourteen days period shall start in the date of acquiring the Product by the Customer or a third party other than the carrier and indicted by the Customer.
13. The Customer may withdraw from the Sales Contract by making a written statement. Statement may be placed on the form, constituting an Appendix 1 to these Regulations, as well as available at Shop website at http://madsenhouse.com/pl/withdrawal/.
14. In order to meet this deadline, the Customer shall send the statement mentioned hereinabove by e-mail to the address firstname.lastname@example.org or in writing to Madsen House, ul. Krakowska 119, 50-428 Wrocław. Statement can be also send with returned products. In the event of form send by e-mail the Seller shall confirm without undue delay the statement reception on durable media.
15. Returned products shall be send to the following address: Madsen House, ul. Krakowska 119, 50-428 Wrocław.
16. In case of withdrawal from the contract of sales the contract shall be deemed null and void.
17. If the Customer submits a statement on withdrawing from the Sale contract before the Seller accepts his offer, the offer ceases to be binding.
18. The Seller shall reimburse all payments received from the Customer, including, if applicable, the costs of delivery without undue delay and in any event not later than within 14 days from the day on which he is informed of the Customer’s decision to withdraw from the contract. The seller may delay the refund until the Product or evidence of sending Products back is received, depending on which event happens earlier.
19. The Seller shall not be required to reimburse the supplementary costs, if the consumer has chosen a type of delivery other than the least expensive type of standard delivery offered by the trader.
20. The Customer is obliged to return the Product immediately, but not later than within 14 days from the date of withdrawal from the Sales Contract. To meet the deadline the Products shall be sent to the address of the Seller before its expiry.
21. In the event of withdrawal the Customer shall only pay the costs of returning the Product to the Seller. The cost shall be estimated at 15 PLN (economic parcel according to Poczta Polska S.A. pricelist).
22. The Customer shall be liable for any diminishing of the value of Product which is the result of having used the products to an extent more than necessary to establish the nature, characteristics and functioning of the Product.
23. The payment shall be returned via the same method which was used for making the payment by the Customer.
24. The right to withdraw from a contract shall not be effectuated in the contracts which are subject to:
a. the supply of non-prefabricated products made on the basis of an individual choice of or decision by the Customer, or serving their personal needs;
b. the supply of products which are liable to deteriorate or expire rapidly;
c. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
d. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items;
e. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
f. the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
X. PERSONAL DATA PROTECTION
1. The Seller shall be an administrator of Customer personal data voluntarily provided to the Seller under the Registration or placing a single order and within the provision of electronic services by the Seller or in other circumstances specified in the Regulations.
2. The Seller shall processed personal data of Customers to fulfil orders or provide electronic services, and other defined in the Regulations herein. Data are processed according to the law or to the consent made by the Customer.
3. The collection of personal data shall be reported to the Inspector General for Personal Data Protection.
4. Personal data delivered to the Seller are submitted freely, provided, however, that non-submission of data set out in the Regulations in the process of Registration shall prevent Registration and establishment of the Customer Account and shall prevent submission and fulfilment of the Customer order, in the case of making orders without Registration of the Customer Account.
5. Anyone who transfers his or her personal data to the Seller shall have the right of access to their contents and the right to correct them.
6. The Seller shall allow to remove personal data from the data set, in particular if the Customer Account is deleted.
7. The Seller shall protect the transferred personal data and shall make every effort to secure them against unauthorised access or use.
8. The Seller may make a one-time transfer of personal data of the Customer to the Supplier to the extent necessary for the realisation of particular order.
XI. PROVIDING FREE ELECTRONIC SERVICES
1. The Seller provides the Customer with the following free electronic services:
a) Contact form
c) Keeping the Customer Account
d) Posting the opinion
2. Services mentioned in section XII.1 above shall be provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall inform the Customer thereof in a manner appropriate to amend the Regulations.
4. The service of Contact form, is to enable the sending of a message to the Seller by the use of form available on the Shop website.
5. The Customer may at any time resign from the service of contact form and involves cessation sending messages to the Seller.
6. The Newsletter service is available for every Customer who had provided the Seller with e-mail address in the registration form available on the Shop website. Upon sending complete registration form the Customer shall immediately receive the confirmation sent to the address provided by the Customer in the registration form. Upon this moment the contract on the rendering Newsletter service shall be concluded. The Customer may also mark appropriate box in the registration form in order to subscribe Newsletter.
7. The Newsletter service is provided by sending to the e-mail address the electronic message about new products or services offered by the Seller. Newsletter is provided for every Customer who subscribed it.
8. Each Newsletter directed to the Customers shall include the following features: sender data, subject defining the content of the message and information on the resignation from the free Newsletter service.
9. The Customer may at any time withdraw from the Newsletter by withdrawing from the subscription by clicking on the link available in every Newsletter or by activating respective field in the Customer Account reserved for that purpose.
10. The service of keeping Customer Account shall be available after Registration defined in Regulations herein, and is provided by the dedicated panel in the Shop website, enabling the Customer to modify his registration data and to track the order’s status and order’s history.
11. A Customer who has registered may demand from the Seller that his/her Customer Account is deleted. In case of submission of a demand for deletion of a Customer Account to the Seller, a Customer Account shall be deleted within 14 calendar days.
12. Posting the opinion of the Products on Shop Website, is to enable Customers by the Seller, having a Customer Account publication of individual and subjective opinions concerning in particular Product.
13. The Customer may at any time resign from posting the opinion of the Products on Shop Website and involves cessation posting of content by Customer on the appropriate Shop Websites.
14. The Seller shall be entitled to block access to the Customer account and to free services in the event if the Customer acts to the detriment of the Seller or other Customers, breaches the law or the Regulations, as well as if blocking access to Customer Account and free services is justified on grounds of safety – in particular: overcoming by the Customer securities of the Shop Website or other hacking activities.
15. Blocking access to the Customer Account and free services for the mentioned reasons shall last for a period necessary to resolve issues giving rise to blocking access.
16. The Seller shall notify the Customer of blocking access to the Customer Account and free electronic services by e-mail sent to the address provided by the Customer in the registration form.
XII. PROTECTION OF PERSONAL PROPERTY AND PERSONAL RIGHTS
1. All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos on the Shop website (apart from logos and pictures appearing on the Shop website for the presentation purposes, which belong to third parties), belong to the Seller, and may be used only as specified in and in accordance with the Regulations and the written consent of the Seller.
2. The customer is prohibited to use the resources and functions of the Shop in order to perform actions violating the interest of the Seller.
3. f a Customer or another person or entity believes that contents published on the Internet Shop Website violates their rights, personal rights, product practices, feelings, morality, beliefs, fair competition rules, know-how, a secret protected by law or liability, they should notify the Seller on such alleged violation.
4. While having been notified on an alleged violation, the Seller shall undertake activities aimed at deletion of violating contents from the Website.
XIII. FINAL PROVISIONS
1. In case of any matters not regulated by these Regulations relevant provisions of the Polish law, in particular the provisions of Civil Code, Act on the Protection of Personal Data, Act on Providing Electronic Services and the Act on the protection of certain consumer rights, shall apply.
2. Any disputes among parties shall be subject to the proceedings of appropriate common court.
3. In the event of a dispute related to the sale contract, the parties shall seek to resolve the matter amicably. The buyer who is a consumer may try other than litigation an alternative dispute resolution method of complains handling in Stały Polubowny Sąd Konsumencki by every Wojewódzki Inspektor Inspekcji Handlowej. Information on the access to the above mentioned method and procedures on disputes resolutions are available at the following address: http://www.uokik.gov.pl in the bookmark “Consumer disputes resolutions”. The Customer may also try mediation. The lists of permanent mediators and mediation centres are submitted by the appropriate Presidents of District Courts.
4. Seller has the right to amend herein Regulations. All orders accepted by the Shop prior to amendment of the Regulations shall be delivered based on the regulations in force at the date of placing the order by the Customer. The amend on the Regulations shall come into force within 7 days from the day of publication on the Shop website. The seller shall inform the Customer within 7 days prior to the introduction of new Regulations about the amendments by e-mail containing the link to amended Regulations. If the Customer does not accept new Regulations, he/she shall be obliged to notify this fact to the Seller within 7 days from the date of notification of amendments to the Regulations. Lack of acceptance shall result in termination of the contract on keeping the Customer Account.
5. Regulations shall come into force as of August 1, 2015.
FORM ON THE WITHDRAWAL FROM THE CONTRACT
(the statement shall be completed and send back only if the Customer decides to withdraw from the contract. The customer shall insert data in square brackets)
ul. Krakowska 119
I [name, surname of buyer] hereby give notice that I withdraw from my contract of sale of the following products [names of purchased items].
Contract conclusion date [date] date of receipt of products [date].
Name and Surname [name and surname of buyer].
Address:[address of buyer]
Date [date of withdrawal from the contract]
Signature [only in paper version]