Terms and conditions of use

Regulations of monifaktura.com online shop
 
§ 1
Preliminary provisions


1.The MONIfaktura internet shop, available at the monifaktura.com internet address, is run by Monika Sikorska conducting business activity under the name MONIfaktura Monika Sikorska, registered in the Central Register and Information on Business Activity (CEIDG) run by the minister in charge of economy, NIP - 8951857566 , REGON - 387650991
These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Shop and set out the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Shop.
 
 
§ 2
Definitions
Whenever the following phrases or expressions are used in these Terms and Conditions, they shall be understood:
 
Seller - owner of monifaktura.com shop
Customer/Purchaser - each entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organisational unit which is not a legal person, to which a separate act grants legal capacity, performing on its own behalf the business activity which uses the Shop.
Shop - an online shop run by the Seller at the website monifaktura.com
Distance agreement - an agreement concluded with the Customer under an organised system of concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the agreement.
Regulations - Regulations for the provision of services by electronic means through the Online Shop operating at monifaktura.com
Order - the Customer's declaration of will made by means of the Order Form and aimed directly at concluding the Product or Products Sales Agreement with the Seller.
Account - individualised account created by the Customer through registration on the website.
Order Form - an interactive form available in the Store enabling placing an Order, in particular by adding the Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
Basket - an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
Product/goods - a movable item/service available in the Online Store, in relation to which an Order can be placed.
Sales Agreement - an agreement for the sale of Goods, concluded between the Seller and the Customer in accordance with the rules specified in the regulations.
Working days - days of the week from Monday to Friday, excluding statutory holidays under the applicable law;
Supplier - an entrepreneur (Polish Post Office or a courier company specializing in delivery of shipments) offered by the Seller for the needs of delivery of Goods to Customers;
 
 
§ 3
General information  
1.The Rules and Regulations specify, among other things, the terms and conditions of use of the On-line shop and include in particular the following types and scope of services:
a) rules of registration, logging in and use of the Account in the On-line shop;
b) terms and conditions of ordering and returning Goods in the On-line shop and complaints;
c) terms and conditions of concluding purchase agreements via the On-line Shop.
2.The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Shop caused by force majeure, unauthorised actions of third parties or incompatibility of the Online Shop with the technical infrastructure of the Customer.
3.browsing the Shop's range of products does not require setting up an Account. The Customer may place orders for Products in the Shop's range of products either after creating an Account or by providing the necessary personal and address data to enable the Order to be completed without creating an Account. However, the use of the Online Store by the Customer requires the prior acceptance of the provisions of the regulations and the possession of an active e-mail address.
4.The information and content contained on the Monifaktura.com Online Shop Website do not constitute an offer and may not constitute a basis for requesting the execution of a purchase agreement.
5.The Seller reserves the right to change the Goods and their prices at any time, as well as to conduct and cancel various promotions and sales concerning the Goods.
6.The Customer using the Website of the Online Store (and the Online Store itself) is obliged to
a) not to provide illegal content and not to use the On-line shop and the Website of the On-line shop in a manner contrary to the law;
b) not to infringe personal rights and other rights of third parties;
c) use any information available on the Website of the Online Shop (including commercial, marketing and promotional materials) for personal use only;
d) to comply with the provisions of law in force on the territory of the Republic of Poland and to comply with these Regulations and general rules concerning the functioning of the Internet network;
e) not to undertake illegal actions violating the Seller's good name.
 
 
§ 4
Making and executing Orders
1.Placing Orders in the Online Shop is possible seven days a week on all days of the calendar year.
2.The On-line shop conducts sales on the territory of the Republic of Poland.
3.The Customer may place Orders without prior registration and after registration. Registration is not a necessary condition for placing Orders in the Online Shop by the Customers, however, the lack of registration prevents the use of part of the functionality of the Shop.
4.Registration allows the creation of an individual Customer Account. The Customer is registered by correctly completing and accepting the registration form available on the Website of the Online Store. Registration is one-off - for each subsequent Order, the Customer uses a login (individual identifier - the Customer's e-mail/e-mail address) and a password specified by the Customer in the registration form. The login and password are confidential data.
5.During registration or at any other time during the use of the Store, the Customer may consent to the processing of his or her personal data for marketing purposes, for the purpose of sending commercial and marketing information in electronic form and for receiving materials from the Seller in electronic form. Expression of the above consent is voluntary.
6.In order to place an Order via the Online Shop, the Customer shall enter the Online Shop's Website and perform subsequent actions on the basis of messages and information displayed on the website.
7.7 The Goods are selected by adding them to the basket (by selecting the "Add to basket" option), containing the Goods subject to the Order, indicating the method of delivery and form of payment.
8.placing an Order takes place by clicking on the button: "I order with the obligation to pay" and constitutes submitting an offer to conclude a contract of sale of the Goods with the Seller.
9.After receiving the Order, the Seller sends to the Customer to the e-mail address (e-mail) provided by the Customer a message confirming acceptance of the Order, which constitutes conclusion of a purchase/sale agreement by the parties.
10.The Seller informs the Client if the ordered Goods are missing in the Online Store or the Order cannot be completed within the time limit indicated during the order placement. The Client may agree to extend the time of execution of the Order or resign from the ordered Goods or the entire Order.
11.Orders for the Goods may be placed 24 hours a day, 7 days a week throughout the year.
12.The Order shall be executed on working days. The Seller reserves the right to a break in the scope of services, however, information about a possible break shall be available on the website during the Order placement.
13.The Seller reserves the right to refuse to confirm the acceptance of the Order or to resign from the execution of the Order, after prior notice to the Customer to supplement the deficiencies or to desist from violations, in each of the following cases:
a) the Order form has not been completed in full or has been completed in an incorrect manner;
b) the Order has been placed in violation of the provisions of the Regulations.
14.If the Seller refuses to confirm acceptance of the Order or cancels the Order, the Seller shall inform the Customer of this fact to the e-mail address or telephone number provided by the Customer within 3 working days following the day on which it received the Order placed by the Customer. In such case, the Seller shall immediately reimburse the price of the Goods paid by the Client and the costs of delivery (provided that the amounts were paid by the Client).
15.The Goods shall remain the property of the Seller until receipt of payment of its price by the Client.
 
§ 5
Prices, delivery costs and payment methods and conditions
1.The prices given in the Online Shop are expressed in Polish zloty and include tax. The prices do not include delivery costs, which are indicated when placing an Order.
2.If the nature of the subject matter of the Agreement does not allow, judiciously, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as fees for transport, delivery, postal services and other costs will be given in the Store in the description of the Product.
3.The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Store's website when placing an Order, including the moment of expressing his or her will to be bound by the Sales Agreement.
4.delivery of goods abroad is possible after prior individual arrangement of the possibility of ordering, the method of delivery and its costs.
5.The Buyer is informed about the total amount of the Order each time before placing the Order, which is done by clicking the button: "I order with the obligation to pay" excluding the delivery of goods abroad, as mentioned above.
6.Each Order in Poland shall be accompanied by a Proof of Purchase (invoice).
7.The Customer may choose the following forms of payment for the purchased Goods:
a. payment by ordinary or Internet transfer to the Seller's bank account in PKO BP bank, number 54 1020 5226 0000 6602 0397 6297
b. Internet payment - Przelewy24- for orders with delivery in Poland.
8.In the case of payment made by traditional bank transfer, the Seller requests that the Customer's name and surname and the Order number be included in the transfer order in order to speed up execution.
9.If payment is not made within 5 days from the date of placing the order, the Seller has the right to cancel the Order.
10.Online payments made via the Online Shop on the territory of Poland shall be handled by means of the Przelewy24 platform available at www.przelewy24.pl, operated by PayPro SA Ul. Kanclerska 15, 60-327 Poznań, Poland, NIP 779-236-98-87, REGON 301345068, District Court/ Poznań, VIII Commercial Division of the National Court Register KRS 0000347935.
 
§ 6
Performance of the sales contract
1.The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 4 of these Regulations.
2.After placing the Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail message to the Customer's e-mail address provided during the submission of the Order, which includes at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.If the Customer selects electronic payments for Przelewy24, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement - otherwise the order will be cancelled.
4.If the Customer has chosen a method of delivery other than personal collection, the Product shall be sent by the Seller immediately in the manner chosen by the Customer when placing the Order.
5.In the case of ordering Products with different delivery dates, the delivery date shall be the longest given date.
6.The beginning of the term of delivery of the Product to the Customer is counted as follows:
a) if the Customer chooses the method of electronic payment Przelewy24 or traditional transfer - from the date of crediting the Seller's bank account.
b) if the Customer selects personal collection of the Goods, the Customer shall be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the e-mail address of the Customer provided during placing the Order.
7.Delivery of the Product takes place exclusively in Poland (subject to § 5 item 4).
8.Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated during placing the Order, including also at the moment of expressing by the Customer the will to be bound by the Sales Agreement.
9.Personal collection of the Product by the Customer is free of charge.
 
§ 7
Right of withdrawal
1.The Customer, who is a Consumer residing in the European Union, has the right to withdraw from a contract concluded at a distance, without giving any reason, within 14 days from receiving the Goods.
2.The period specified in paragraph 1 starts from the delivery of the Product to a Consumer or a person indicated by him/her other than the carrier.
3.In the case of a Contract which includes multiple Products which are delivered separately, in batches or parts, the period specified in section 1 starts from the delivery of the last item, batch or part.
4.The Consumer may withdraw from the Contract by submitting to the Seller a statement on withdrawal from the Contract. In order to meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the "return/replacement/claim form" made available below before the expiry of this deadline.
5.The statement should be sent electronically by sending a "return/exchange/reclamation form" to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 11.
6.In case of sending the statement by the Consumer by e-mail, the Seller shall immediately send to the Consumer's e-mail address the confirmation of receipt of the statement on withdrawal from the Agreement.
7.Effects of withdrawal from the Agreement:
a) In the case of the withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed not concluded.
b) In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, return to the Consumer all payments made by the Consumer, including the costs of delivery of goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller.
c) The Seller shall make the return of payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer expressly agreed to another solution which will not involve any costs for him/her.
d) The Seller may withhold the return of payment until the receipt of the Product back.
e) The Consumer should send back the Product to the address of the Seller, MONIfaktura Monika Sikorska, ul. Stanów Zjednoczonych 12, 54-403 Wrocław, not later than 14 days from the day on which it informed the Seller about the withdrawal from the Agreement. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day deadline.  
f) The Consumer shall bear direct costs of returning the Product, also the costs of returning the Product, if due to its nature the Product could not be sent back by post.
8) The Customer shall be liable for any reduction in the value of the Goods resulting from their use in a manner exceeding that necessary to determine the nature, characteristics and functioning of the Goods.
9.If, due to the nature of the Product, it cannot be sent back by ordinary mail, information about it, as well as the costs of returning the Product, will be included in the description of the Product in the Shop.
10.The right to withdraw from a distance contract does not apply to the Consumer with respect to the Contract:
a) in which the subject matter of the performance is an unprocessed item, produced according to the Consumer's specifications or serving to satisfy his or her individual needs,
b) the provision of services, if the Seller has performed the service in full with the express consent of the Customer, who was informed prior to the commencement of the service that after the performance by the Seller, he will lose the right to withdraw from the contract,
(c) in which the object of the service is an item supplied in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging has been opened after delivery,
(d) in which the object of the service is an item that deteriorates rapidly or has a short shelf life,
e) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed prior to the commencement of the performance that after the performance by the Seller, he will lose the right to withdraw from the Agreement,
f) 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 expiry of the withdrawal period,
(g) in which the subject matter of the benefit is items which, by their nature, are inseparably connected with other items after delivery,
(h) the object of which are secondary goods and those the description of which clearly indicates their incompleteness
11.Returns of the Goods on withdrawal from the contract, sent at the Seller's expense or cash on delivery shall not be accepted.

§ 8
Complaints concerning Goods
1.The Seller shall be liable towards the Customer, being the Consumer, for non-compliance with the contract of the Goods purchased by him/her.
2.The Seller undertakes to deliver the Goods free from defects to the Client. In the case of stating a defect in the Goods, the Client may demand repair of the Goods, replacement of the Goods with the Goods free from defects, reduction of the price of the Goods or withdraw from the sales contract, with the exception of the Sale Goods, which have been described in detail in the Store and the photo of defects placed.
3.In the case of stating that the Product has a defect, the Buyer is obliged to inform the Seller about it by e-mail to kontakt@monifaktura.com, and then fill in the complaint form to download at https://monifaktura.com/pl/content/6-zwroty.
4.The complaint should include the Buyer's data, number and date of order, description of the defect in the Goods, date of its occurrence and the Buyer's request.
5.The Buyer is obliged to send the Goods under complaint back to the address within 14 days from the notification along with the complaint form:
MONIfaktura Monika Sikorska
United States Street 12, 54-403 Wrocław
6.If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller shall ask the complainant to supplement it to the extent indicated.
7.The Seller shall consider the complaint within 14 days from the date of return of goods.
8.The Seller's liability under the warranty expires if a defect is found after 2 years from the release of the Product to the Customer.
 
§ 9
Complaints concerning the provision of services by electronic means
1.Any irregularities in the operation of the On-line shop may be reported by the Customer to the following address: kontakt@monifaktura.com.
2.The complaint must contain, in particular, the type of irregularity found, the date of its occurrence, the name and surname and address of the Customer making the complaint.
3.The Seller considers the complaint within 14 days of receipt.
 
§ 10
Seller's responsibility
1.The Seller shall bear full liability for non-performance or improper performance of the agreement, with the proviso that in the case of agreements concluded with Clients having the status of an Entrepreneur, the Seller shall bear liability only in the case of intentional damage and up to the amount of losses actually incurred by the Client.
 
§ 11
Personal data in the Online Shop
1.Personal data of the Website users, including Clients, are collected and processed by the Seller to the extent necessary for the execution of the Order and distribution of current information related to the Online Shop in accordance with the Personal Data Protection Act of 10 May 2018 (Journal of Laws of 2018, item 1000) and Regulation 2016/679 of the European Parliament and of the Council (EU) of 25 May 2018 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (IDC).
2.Personal data received from visitors and registrants shall be processed and used only for the purposes and to the extent that they consent. Information about the purposes and scope of data processing is contained in the Information Clause.  Personal data of the users of the Internet Shop are not sold or made available to third parties. Consent to the processing of personal data for marketing purposes is voluntary.
3.The collection of collected personal data of the users of the On-line shop is treated as a database, stored on a secure server, in a special security zone ensuring proper protection. Only authorized administrators have full access to the database.
4.When processing personal data, the Seller makes every effort to ensure that the data is protected against unauthorised access. The exercise of the right to demand access to personal data, its correction, cessation of its processing and demand its deletion shall be carried out by sending an appropriate request by e-mail to the administrator of personal data - the Seller - to the following e-mail address: kontakt@monifaktura.com together with providing the name and surname and the scope of the request.
5.The personal data controller is Monika Sikorska conducting business activity under the name MONIfaktura Monika Sikorska, who declares that the personal data shall be processed for the following purposes:
a) the performance of an agreement on the purchase/sale of goods offered on the www.monifaktura.com website - pursuant to Article 6(1)(b) of the FAMILY - in a situation where the data processing is necessary for the performance of the agreement and their provision is voluntary, but the lack of provision of personal data is tantamount to the resignation from the purchase due to the impossibility of its performance.
b) direct marketing conducted by www.monifaktura.com - pursuant to Article 6(1)(f) of the TDC until the end of the agreement or the submission of an objection;
c) financial - accounting - pursuant to Article 6 paragraph 1 point c) of the GAC - the processing is necessary to comply with the provisions of law, including tax law, including Article 74 of the Accounting Act, until required by the relevant tax law;
d) defence against claims and asserting claims - pursuant to Article 6 Section 1 point f) of GAC until the expiry of the claims period pursuant to the Civil Code;
e) conducting complaint processes - pursuant to Art. 6 Section 1 point f) of PACs for a period of 3 years from the termination of the agreement;
f) for analytical and statistical purposes - pursuant to Article 6 paragraph 1 point f) of FYROM - of the legally justified interest of the Personal Data Controller, in connection with conducting analyses of Users' activity, as well as their preferences in order to improve the applied functionalities and provided services.
In connection with the purposes referred to above, the recipients of your personal data may be entities which are intermediaries in the performance of the contractual obligations of the controller, e.g. IT service providers, providers, on-line payment providers:
- in the case of a Customer who uses the method of delivery by courier service in the Online Shop, the Administrator shall make the collected personal data of the Customer available to a selected carrier or intermediary carrying out shipments on behalf of the Administrator.
- in the case of a Customer who uses the method of electronic payment or payment card in the Online Shop, the Administrator shall make the collected personal data of the Customer available to a selected entity handling the above payments in the Online Shop.
6.In accordance with the provisions of the law, customers have the right to access the content of personal data and the right to rectify, delete, restrict processing, the right to transfer data, the right to object and the right to withdraw consent to their processing at any time. In order to revoke the consent, you can contact the seller via e-mail or traditional mail.
7.Detailed information on the protection of the Client's personal data can be found in the appendix to the regulations - Privacy Policy.
 
§ 12
Copyright protection
1.All pictures of the Goods, texts, graphics and other contents placed on the www.monifaktura.com website are the property of the Seller, and therefore it is forbidden to copy the data placed on the website without the written consent of the Seller (this also applies to downloading data for marketing and commercial purposes) under pain of directing the case to civil and criminal proceedings.
 
§ 13
Technical requirements
The use of the Shop, including browsing the Shop's assortment and placing orders for the Products, is essential:
1.a terminal device with Internet access and a web browser in the version of at least Internet Explorer 10 or Chrome 16 or Edge or Firefox 5 or Safari 4 or newer.
2.active e-mail account (e-mail),
3.cookies are enabled,
 
§ 14
Transitional and final provisions
1.The Rules and Regulations shall be in force from 7 December 2020 until the time the Customers are informed about any changes to the Rules and Regulations in whole or in part (due to, among other things, changes in regulations, the obligation to improve the operation of the Store, changes in the methods of payment and delivery - to the extent to which these changes affect the implementation of the provisions of these Rules and Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
2.In matters not covered by the Terms and Conditions, the relevant provisions of law shall apply in particular: Civil Code; Act on providing electronic services; Act on consumer rights, Act on personal data protection.
3.The delivery of amendments to the Regulations to the Customers shall be made by posting information on the Website of the Online Store.
4.If a registered Customer (who has a Customer Account) does not accept the new content of the Rules and Regulations, he shall notify the Seller within 14 Working Days from the date of obtaining information about the change of the Rules and Regulations. Refusal to accept the amendment to the Terms and Conditions shall result in termination of the agreement for the provision of services by electronic means, subject to the parties to that agreement retaining the rights acquired before the said termination.
5.The amendment to the Terms and Conditions shall not apply to Orders placed before the date of placing the amendment on the Website of the Online Store. Such orders will be executed on the basis of the regulations in force on the day of placing the Order.
6.The Terms and Conditions do not limit the rights of the Consumers resulting from the applicable provisions of law, which cannot be excluded or modified by contract or agreement of the parties.
7.Contracts concluded through the Online Shop shall be concluded in the Polish language.
8.Any disputes between the Parties in the first place will be settled amicably.
9.In the absence of the possibility of an amicable settlement of a dispute, including through mediation, the competent court will be a common court, whose local jurisdiction will be determined taking into account the seat of the Entrepreneur and applicable laws.
 
 
 
§ 15
Contact with the Shop
Seller's address: MONIfaktura Monika Sikorska, 12 Stanów Zjednoczonych Street, 54-403 Wrocław
Seller's e-mail address: kontakt@monifaktura.com
Seller's phone number: 691-280-552
Seller's bank account number: 54 1020 5226 0000 6602 0397 6297
The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
The Client may communicate with the Seller by phone between 10.00 and 18.00.