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REGULATIONS

Terms and Conditions for the Online Shop – www.monicamoncini.com

I. General provisions

1. These Terms and Conditions specify the general conditions and ways of provision of services electronically

and selling via the Online Shop www.monicamoncini.com. The Shop is operated by Monika Różycka

conducting sole proprietor doing business as MONICA MONCINI Monika Różycka, entered to the Central

Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Entrepreneurship

and Technology, address: 40 Pomorska Street, 91-408 (ZIP-CODE) Łodź, Poland, Number Taxpayer

Identification (NIP): 7322039075, National Official Register of Business Entities (REGON) number:

383337719 hereinafter referred to as the Seller.

2. The Seller may be contacted by:

a. email: monika@monicamoncini.com;

b. phone number: +48 500 226 661.

3. These Terms and Conditions are always available at the website www.monicamoncini.com, which allows

to download, display and record their contents by printing or saving them to a data carrier at any time.

4. The Seller informs that taking advantage of services provided electronically may be associated with a risk

to any user of the Internet of introducing a malware on a computer system or obtaining and modifying

Customers' data by unauthorized persons. Therefore the Customer should apply appropriate technical

measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.

II. Definitions

The terms used in these Terms and Conditions shall have the following meaning:

1. Business Days – these shall be the days from Monday to Friday, excluding public holidays;

2. Customer – a natural person with a full legal capacity, a natural person who conducts business activity,

a legal entity or an organizational unit without legal personality, vested with a legal capacity by special

provisions, who places the Order in the Online Shop or uses other Services available in the Online

Shop;

3. Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);

4. Consumer – the Customer being a consumer within the meaning of the provisions of Article 22 [1] of

Civil Code;

5. Entrepreneur –the Customer being an entrepreneur within the meaning of the provisions of Article

43[1] of Civil Code;

6. Terms and Conditions – this document;

7. Goods – the product presented in the Online Shop, with its description available with each of the

presented products;

8. Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded

between the Seller and the Customer;

9. Services – the services rendered electronically by the Seller for the benefit of Customers within the

meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of

Laws No. 144, Item 1204, as amended);

10. Act on Consumer Rights – the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No.

827);

11. Act on Rendering Electronic Services – the Act on Rendering Electronic Services dated 18 July 2002

(Journal of Laws No. 144, Item 1204, as amended);

12. Order – declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement,

specifying in particular the kind and amount of Goods.

III. Terms of Use for the Online Shop

1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum

technical requirements:

a. a computer or a mobile device with access to the Internet;

b. access to electronic mail;

c. a browser Internet Explorer - version 11 or newer, Firefox - version 28.0 or newer, Chrome - version

32 or newer, Opera - version 12.17 or newer, Safari - version 1.1. or newer;

d. Cookies and Javascript turned on in the web browser.

2. Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop

content.

3. The Customer shall be obliged in particular:

a. not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which

is defamatory, promotes violence or infringes personal rights and other rights of third parties;

b. to use the Online Shop in the manner not interfering with its functioning, in particular by using

specific software or devices;

c. not to perform any actions such as: sending unsolicited commercial information (spam) or placing it

within the Online Shop;

d. to use the Online Shop so as not to disturb other Customers and the Seller;

e. to use all the content within the Online Shop solely for one’s own personal purposes;

f. to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic

of Poland, with the Terms and Conditions, and also with the general rules governing the use of the

Internet.

IV. Services

1. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the

Seller 24 hours a day, 7 days a week.

2. The Seller shall have the right to organize occasional competitions and promotions, the terms of which

shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless

the Terms and Conditions for the given promotion provide otherwise.

3. If the Customer breaches these Terms and Conditions, the Seller - after a prior ineffective cease and desist

letter setting an appropriate deadline - may terminate the agreement for the provision of Services upon a

14 days’ notice.

V. The Conclusion Procedure for the Sales Agreement

1. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical

and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within

the meaning of Article 71 of the Civil Code.

2. All the Goods available in the Online Shop are free of physical and legal defects and have been legally

introduced to the Polish market.

3. If the Order is placed via the Order form available on the Online Shop website, the Customer places the

Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of

the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if

the Seller sends - to the electronic mail address provided by the Customer - a confirmation of acceptance

of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer;

upon its receipt by the Customer the Sales Agreement shall be concluded.

4. The sales Agreement shall be concluded in Polish or English and its provisions shall correspond to the

Terms and Conditions.

VI. Delivery

1. Delivery of the Goods is limited to the territory of the European Union and apart from its territory, and

realized by sending Goods to the Customer address, given during placing the Order.

2. The Customer may choose following forms of odered Goods delivery:

a. by a courier company,

b. by a postal operator,

c. parcel to a parcel machine,

d. Seller’s own transport,

e. personal pick-up at the Seller’s personal pick-up point.

3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number

of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.

4. The deadline for delivery and processing of the Order shall be calculated per Business Days, in accordance

with Paragraph VII Subparagraph 2.

5. The Seller provides proof of purchase.

6. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole

Order. Goods may be delivered separately depending on the place of dispatch.

VII. Prices and methods of payment

1. The prices for the Goods are provided in EUR and they include all the components like VAT and other fees.

2. The Customer may choose the following payment methods:

a. bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after

the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be

dispatched immediately after the funds are credited on the Seller’s bank account and after the Order

is completed);

b. cash upon personal pick-up - payment at the Seller’s personal pick-up point (in this case the Order

shall be processed immediately after the Seller sends a confirmation of acceptance of the Order to

the Customer, and the Goods shall be released at the Seller’s personal pick-up point);

c. electronic payment (in this case the Order’s processing shall commence after the Seller sends a

confirmation of acceptance of the Order to the Customer and after the Seller receives information

from the system of the payment processing agent that the Customer has made the payment, and the

Goods shall be dispatched immediately after the Order is completed).

3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the time

when he must make the payment for the Order. If the Customer fails to make the payment within the 7

days after the Order day, the Seller - after a prior ineffective cease and desist letter setting an appropriate

deadline - may withdraw from the Sales Agreement under Article 491 of the Civil Code.

VIII. The right to withdraw from the Agreement

1. The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by

submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this

declaration before its lapse.

2. The Consumer may compose the declaration by himself or use the form of declaration of withdrawal from

Agreement provided by the Seller via Online Shop.

3. The 14-days’ deadline shall be calculated from the day when the Goods were delivered or - in the case of

an Agreement for Services - from the day it was concluded.

4. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a

confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic

mail address.

5. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:

a. Provision of Services, if the Seller fully performed the Service and the performance has begun with

the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of

withdrawal once the contract has been fully performed by the Seller;

b. the supply of goods or services for which the price is dependent on fluctuations in the financial

market which cannot be controlled by the Seller and which may occur within the withdrawal period;

c. for an agreement where the subject of the service are non-prefabricated Goods manufactured as per

the specifications of the Consumer or serving to satisfy his unique needs;

d. for an agreement where the subject of the service are Goods undergoing rapid spoiling or Goods that

has a short shelf life;

e. for an agreement where the subject of the service are Goods delivered in sealed packaging, which

one opened is non-returnable for health or hyqiene reasons, if the packaging has been opened after

delivery;

f. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other

items;

g. contracts where the consumer has specifically requested a visit from the trader for the purpose of

carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides

services in addition to those specifically requested by the consumer or goods other than replacement

parts necessarily used in carrying out the maintenance or in making the repairs, the right of

withdrawal shall apply to those additional services or goods;

h. the supply of sealed audio or sealed video recordings or sealed computer software which were sealed

delivered and were unsealed after delivery, the supply of a newspaper, periodical or magazine with

the exception of subscription contracts for the supply of such publications;

i. contracts concluded at a public auction;

j. 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.

6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed as not

concluded. What the parties have rendered shall be returned in an unchanged condition, unless the

change was necessary within the scope of the ordinary management, in particular to determine the

nature, features and functioning of the item. The items should be returned immediately, not later than

within 14 days. The purchased Goods should be returned to the address of the Seller.

7. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration

on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the

costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as

was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund

shall not generate any cost for the Consumer. The Seller may withhold the refund of payment received

from the Consumer until he receives the returned item or the Consumer provides a proof of its return

dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by

himself.

8. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular

form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any

additional costs he has incurred.

9. The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur

that cost.

IX. Complaints for the Goods under warranty

1. The Seller undertakes to deliver Goods free from defects.

2. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in

accordance with the provisions laid down in Article 556 – 576 of the Civil Code. The Seller’s liability

towards the Customer who is an Entrepreneur is excluded.

3. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and

Conditions should be sent to the following address: MONICA MONCINI Monika Różycka, address: 40

Pomorska Street, 91-408 (ZIP-CODE) Łodź, Poland or to the electronic mail address:

monika@monicamoncini.com, phone number: +48 500 226 661.

4. In order for the complaint to be processed, the Customer should send or deliver the Goods in question,

attaching the proof of purchase, if possible. The Goods should be delivered or sent to the address

mentioned in point 3.

5. The Seller undertakes to process each complaint within 14 days.

6. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as

necessary, immediately, but not later than within 7 days from the date when the Customer received the

request.

X. Complaints for electronic services

1. The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints

may be submitted in writing to the following address: MONICA MONCINI Monika Różycka, 40 Pomorska

Street, 91-408 (ZIP-CODE) Łodź, Poland or to the electronic mail address: monika@monicamoncini.com,

phone number: +48 500 226 661.

2. In the complaint, the Customer should indicate his name and surname, address for correspondence, the

kind and description of the present problem.

3. The Seller undertakes to process each complaint within 14 days, and if this is not possible - to inform the

Customer within that time when the complaint will be processed. If there are any deficiencies in the

complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the

date when the Customer received the request.

XI. Out-of-court ways of settling complaints and pursuing claims

1. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court

ways of settling complaints and pursuing claims:

a. he has the right to refer to a permanent amicable consumer court operating by the Commercial

Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;

b. has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to

initiate mediation proceedings for amicable settlement of the dispute between the Customer and the

Seller;

c. may obtain free support for settlement of the dispute between the Consumer and the Seller, using

also the support of the poviat (municipal) consumer rights adviser or a social organisation whose

statutory tasks include protection of Consumers (among others, the Federation of Consumers, the

Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free

number of consumers’ hotline +48 800 007 707 and by the Society of Polish Consumers at the

electronic mail address porady@dlakonsumentow.pl.

d. may report his complaint via the European ODR platform available at the address:

http://ec.europa.eu/consumers/odr/.

XII. Protection of personal information

The Seller collects and processes the personal information of the Customers in accordance with applicable

provisions of law and with the Privacy Policy, available on the Shop’s website.

XIII. Final Provisions

1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its

name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the

Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.

2. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by

competent courts in accordance with applicable provisions of the Code of Civil Procedure.

3. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a

competent court of jurisdiction proper for the seat of the Seller.

4. The matters not provided for in these Terms and Conditions shall be governed by the provisions of the Civil

Code, the Act on Rendering Electronic Services, the Act on Consumer Rights and other applicable

provisions of Polish law.

5. Each Customer shall be informed about any changes to these Terms and Conditions by information

available at the homepage of the Online Shop presenting a list of amendments and their effective dates.

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