The online store at purnamarituals.co is run by MEKAKI Sp. z o. o. with headquarters in Łódź, Sienkiewicza 85/87/8 street, 90-057 Łódź, entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000802922, REGON number: 384331216 and NIP number: 7272838732, registration files kept by the District Court for Łódź-Śródmieście in Łódź, XX Commercial Division of the National Court Register.
These Regulations define the rules for making purchases in the Online Store, including in particular the rules for placing orders, the rules for concluding and executing sales contracts between the Seller and the Buyer, as well as the procedure for withdrawing from the contract, the rules of the Seller’s liability under the warranty and the rules for using the Newsletter service. These Regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, as amended).
§ 1. Definitions
Postal address – name and surname or name of the entity, location in the city (in the case of a city divided into streets: street, building number, apartment or flat number; in the case of a city not divided into streets: city name and real estate number), zip code, and city.
MEKAKI Sp. z o.o. based in Łódź
POW 25 street, unit C. 3
Order fulfillment time – a period of time covering the preparation and completion of the subject of the contract and its shipment by the type of delivery selected by the Buyer.
Delivery time – the period of time counted from the moment of sending the subject of the contract with the type of delivery selected by the Buyer until it is delivered to the place of delivery indicated by the Buyer in the order.
MEKAKI Sp. z o. o. with headquarters in Łódź
Sienkiewicza 85/87/8 street, 90-057 Łódź
NIP: 7272838732, REGON: 384331216, KRS: 0000802922
e-mail: [email protected]
Personal data – any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if it would require excessive costs, time or activities.
Delivery – the type of transport service along with the carrier and cost specification, listed in the Payments, delivery and returns tab.
Proof of purchase – an invoice, bill or receipt issued in accordance with the Act of March 11, 2004 on tax on goods and services (Journal of Laws 2004, No. 54, item 535, as amended) and other applicable laws.
Working day – day of the week, from Monday to Friday.
Individual Entrepreneur – a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Product card – a single subpage of the Store containing information about a single product.
Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, making a purchase from the Seller directly related to its business or professional activity, not being an Individual Entrepreneur.
Civil Code – the Act of 23 April 1964, the Civil Code (Journal of Laws 1964, No. 16, item 93, as amended).
Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Art. 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws 2007, No. 171, item 1206, as amended).
Consumer – a natural person with full legal capacity, making a purchase from the Seller not directly related to its business or professional activity.
Cart – a list of products made from the products offered in the Store, based on the Buyer’s choices.
Buyer – both the Consumer, the Customer and the Individual Entrepreneur.
Place of issue of goods – postal address or collection point indicated in the order by the Buyer.
Time of handing the item over – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
ODR internet platform – an EU website operating on the basis of the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on the online system for resolving consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
Payment – the method of payment for the subject of the contract.
Authorized entity – an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823, as amended).
Consumer law – the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
Product – the minimum and indivisible number of items that can be the subject of the order, and which is given in the Store as a unit of measurement when determining its price (price / unit).
Subject of the contract – products and delivery being the subject of the contract.
Subject of the service – subject of the contract.
Collection point – place of delivery of the item, which is not a postal address, listed in the list provided by the Seller in the Store.
Register of UOKiK – a register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823, as amended) and available at: https: //uokik.gov.pl/reawod_podmiot_uprawNYCH.php
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC.
Item – a movable item that may be or is the subject of the contract.
Store – website available at purnamarituals.co through which the Buyer can place an order.
Seller: MEKAKI Sp. z o. o. with headquarters in Łódź
Sienkiewicza 85/87/8 street, 90-057 Łódź
entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000802922, REGON number: 384331216 and NIP number: 7272838732, registration files kept by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register
Bank account number: 63 1050 1461 1000 0090 8070 3359
System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
Contract – a contract within the meaning of the Consumer Law in the case of a Consumer, as well as an Individual Entrepreneur under art. 38a of the Consumer Law and a sales contract within the meaning of art. 535 of the Civil Code in the case of the Buyer.
Defect – both a physical defect and a legal defect.
Physical defect – incompatibility of the item sold with the contract, in particular if the item:
- does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination,
- does not have the properties that the Seller has provided to the Consumer,
- it is not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use,
- was delivered to the Consumer incomplete,
- in the event of improper start-up, if this activity was performed by the Seller or a third party for which the Seller is responsible, or by a Consumer who followed the instructions received from the Seller,
- it does not have the properties provided by the manufacturer or his representative or the person who places the item on the market within the scope of his business activity, and the person who, by placing his name, trademark or other distinctive sign on the item sold, presents himself as the manufacturer, unless The Seller did not know these assurances or, judging reasonably, he could not know or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected prior to the conclusion of the contract.
Legal defect – a situation where the item sold is the property of a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from a decision or judgment of a competent authority.
Order – Buyer’s declaration of intent made through the Store, clearly specifying: the type and quantity of products, type of delivery, type of payment, place of issue of goods, Buyer’s data, and aimed directly at concluding a contract between the Buyer and the Seller.
§ 2. General conditions
- The contract is concluded in Polish, in accordance with Polish law and these Regulations.
- Acceptance of these Regulations is voluntary, however, it is necessary for the Buyer to place an order or to sign up to the Newsletter service.
- The place of delivery of the item must be in the territory of a Member State of the European Union, the Schengen area or a country covered by the Community System for Registration and Identification of Economic Entities.
- The seller is obliged and undertakes to provide services and deliver goods free from defects.
- All prices quoted by the Seller in the Polish language version of the Store are expressed in Polish currency and are gross prices (including VAT). The binding price is the price given next to the product at the time of ordering. Product prices do not include the cost of delivery.
- All terms are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
- Confirmation, disclosure, consolidation, securing of all relevant provisions of the contract in order to gain access to this information in the future takes the form of order confirmation by sending to the indicated e-mail address of the Buyer: order, proof of purchase and the content of these Regulations in the form of a PDF file.
- The Seller does not charge any fees for communicating with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling distance communication.
- The Seller provides the Buyer using the system with the correct operation of the Store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest JAVA and FLASH versions installed, on screens with resolution horizontal image above 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the Store, so in order to obtain full functionality of the Store, disable them.
- The seller adheres to the code of good practice.
- The buyer is obliged to:
- not to provide and not to forward content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use the Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) within the Store,
- use the Store in a way that is not inconvenient for other Buyers and for the Seller,
- to use any content posted on the Store only for personal use,
- use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of etiquette.
- The Seller reserves the right to introduce promotional prices and carry out other types of promotional campaigns and sales, which may be regulated by the Detailed Regulations. The buyer is entitled to use the above-mentioned promotions or sales that are available at the time the Buyer places an order.
- The seller offers the following types of payment:
- cash on delivery,
- via PayPal,
- via Stripe
- via the entity providing online payment services, i.e. Blue Media S.A. with headquarters in Sopot, ul. Powstańców Warszawy 6, 81-718 Sopot, KRS: 0000320590, NIP: 5851351185, REGON: 191781561, enabling payment by cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro and the below:
14. The seller offers shipping in Poland via the following types of delivery:
- Parcel locker: PLN 14;
- InPost courier: PLN 9;
- InPost courier cash on delivery: PLN 20;
- DHL courier: PLN 19.
15. The delivery time of the order sent in Poland depends, among other things, on the selected type of delivery, but should not exceed 2 business days.
16. The cost of delivery depends on: the selected type of delivery and the selected type of payment. Delivery by InPost courier in Poland is free for orders over PLN 300. The cost of international shipping and the type of delivery depends on the country and size of the shipment.
§ 3.Conclusion of the contract and its implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- adding a product to the basket;
- choosing the type of delivery;
- choosing the type of payment;
- choosing the place of handing over the item;
- placing an order in the Store by using the “order” button in the case of selecting the type of payment specified in § 2 para. 13 lit. a) of the Regulations or the “go to payment” button in the case of choosing any other than specified in § 2 para. 13 lit. a) Regulations of the type of payment.
- The contract is concluded with the Buyer upon placing the order.
- Fulfillment of an order paid via PayPal or Blue Media S.A. takes place within 2 business days of the Buyer’s payment being credited to the Seller’s account, unless the Buyer was unable to fulfill the payment due to his fault and informed the Seller about it. The execution of the order payable on delivery takes place within 2 business days of placing the order.
- The purchased subject of the contract is sent by the type of delivery selected by the Buyer to the place of delivery of the goods indicated by the Buyer in the order. The sales document in PDF format is sent to the Buyer’s e-mail address provided when placing the order. When choosing the type of payment on delivery, the only available type of delivery is via InPost courier cash on delivery, referred to in § 2 para. 14 lit. c) of the Regulations.
§ 4. The right to withdraw from the contract
- The consumer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33 of the Consumer Law, subject to sec. 12 of this section.
- The deadline to withdraw from the contract is 14 days from the date of delivery of the item, and to meet the deadline it is enough to send a statement before its expiry.
- The declaration of withdrawal from the contract may be submitted by the Consumer using the form, a specimen of which is attached as Annex 2 to the Consumer Law, or in another form consistent with the Consumer Law. We encourage you to inform us of your intention to return by e-mail by contacting us at: [email protected]
- An e-mail with information about the intention to return or with the attached form should be sent to the following address: [email protected] informing the Seller about the withdrawal from the contract by including the word “Return” in the e-mail subject and the order number. The Seller will immediately confirm the receipt of the declaration of withdrawal from the contract to the Consumer by e-mail and will contact him to arrange further steps and a convenient method of returning the package.
- In the event of withdrawal from the contract, the contract is considered void.
- The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the items before its expiry.
- The consumer returns the items that are the subject of the contract from which he withdrew at the expense of the Seller.
- Before withdrawing from the contract, the Consumer should not use the item in a way that goes beyond what is necessary to establish its nature, characteristics and functionality. The consumer is responsible for reducing the value of the item being the subject of the contract, and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall promptly, not later than within 7 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Consumer. Seller, the Seller will not reimburse the Consumer for additional costs in accordance with art. 33 of the Consumer Law.
- The Seller shall refund the payment using the same payment method that was used by the Consumer when making the purchase, unless the Consumer has expressly agreed to a different payment method, which does not involve any costs for him. Subject to the previous sentence, in the event of a need to return funds for a transaction made by the Consumer with a payment card, the Seller will make a refund to the account assigned to the Consumer’s payment card.
- The Seller may withhold the reimbursement of the payment received from the Consumer until the item is returned or the Consumer has provided proof of its return, depending on which event occurs first.
- The consumer according to art. 38 of the Consumer Law, there is no right to withdraw from the contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract.
The Individual Entrepreneur also has the right to withdraw from the contract on the terms set out in this paragraph. The provisions of this section apply in full to the Individual Entrepreneur.
§ 5. Warranty
- The seller, pursuant to art. 558 § 1 of the Civil Code, it completely excludes its liability to the Customer, as well as to the Individual Entrepreneur due to physical and legal defects (warranty).
- The Seller is liable to the Consumer under the terms of art. 556 and following of the Civil Code for physical or legal defects (warranty).
- In the case of a contract with a consumer, if a physical defect has been found within one year from the date of delivery of the item, it is assumed that it existed at the time the risk passed on to the consumer.
- The consumer, if the item sold has a defect, may:
- make a statement requesting a price reduction, or
- submit a declaration of withdrawal from the contract.
The Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a non-defective one or remove the defect, he is not entitled to replace the item or remove the defect.
- The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a non-defective one or, instead of the replacement of the item, request the removal of the defect, unless it is impossible to bring the item into conformity with the contract in a manner chosen by the Consumer or would require excessive costs compared to the method proposed by the Seller. , however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
- The consumer may not withdraw from the contract if the defect is irrelevant.
- If the item sold has a defect, the Consumer may also:
- demand replacement of the item with one free from defects, or
- demand that the defect be removed.
- The Seller is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the Consumer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
- The consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address at the expense of the Seller, and if, due to the nature of the item, its delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. . In the event of failure by the Seller to fulfill the obligation, the Consumer is entitled to return the goods at the expense of the Seller.
- The costs of replacement or repair are borne by the Seller.
- The Seller is obliged to accept the defective item from the Consumer in the event of replacement of the item with a non-defective one or withdrawal from the contract. § 4 clause 4, second sentence of the Regulations shall apply accordingly. In the event of withdrawal from the contract, § 4 section 9, 10 and 11 of the Regulations.
- Complaints under the warranty should be submitted to the Seller via e-mail to the following address: [email protected] The complaint should include the order number, description of the defect, date of its disclosure and the content of the request.
- The seller within fourteen days will respond to the provisions based on art. 5615 of the Civil Code: statements about a request for a price reduction, requests to replace the item with one free from defects, requests to remove the defect. The Seller, within thirty days (Article 7a of the Consumer Law), will respond to any other Consumer’s statement that is not covered by the fourteen-day period specified in the Civil Code. Otherwise, it is considered that he considered the Consumer’s statement or request justified.
- The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the date of delivery of the item to the Consumer.
- The Consumer’s claim for removal of the defect or replacement of the item sold for one free from defects expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer.
- In the event that the use-by date specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before that date.
- Within the time limits specified in § 5 sec. 15-17 of this paragraph, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item with a non-defective one or removal of the defect, the deadline for submitting a statement of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of an investigation before a court or an arbitration court for one of the rights under the warranty, the time limit for the exercise of other rights due to the Consumer in this respect is suspended until the final conclusion of the proceedings. The preceding sentence also applies accordingly to mediation proceedings, and the time limit for exercising other rights under the warranty starts from the date of the court refusing to approve the settlement concluded before the mediator or the unsuccessful completion of the mediation.
- To exercise the rights under the warranty for legal defects of the sold item, § 5 section 15-16 of this paragraph, except that the period begins on the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the defect only as a result of an action of a third party – from the date on which the judgment issued in a dispute with a third party has become final.
- If, due to a defect in things, the Consumer submitted a declaration of withdrawal from the contract or price reduction, he may demand compensation for the damage he suffered by entering into the contract, not knowing about the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring goods, reimbursement of expenditure to the extent that he did not benefit from them, and did not receive a refund from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair the damage on general principles.
- The expiry of the deadline for finding a defect does not exclude the Buyer from exercising the rights under the warranty if the Seller has fraudulently concealed the defect.
- The Seller, if he is obliged to provide or provide financial services to the Consumer, will perform them without undue delay, no later than the period provided for by law.
1. The administrator of Personal Data provided by the Buyer and the person using the Newsletter service is MEKAKI Sp. z o. o. with headquarters in Łódź, ul. Sienkiewicza 85/87/8, 90-057 Łódź.
3.The Personal Data Administrator processes personal data on the basis of consent and in connection with the legitimate interests of the Seller.
4.The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
5.The consent of the Buyer or the person using the Newsletter service to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.
6.For the purposes of the Buyer’s order, the following personal data is collected:
- postal address – necessary to issue a proof of purchase;
- place of issue of goods – necessary to address the package;
- e-mail – necessary for communication related to the implementation of the order;
- telephone number – necessary for some types of delivery.
7.For the purposes of using the Newsletter service, the following personal data is collected:
- e-mail – necessary for the implementation of the Newsletter service.
§ 7. Newsletter
- The buyer and another person visiting the Store may order the Newsletter (subscription) service. The Newsletter service consists in periodically sending to the e-mail address provided messages containing marketing content (commercial information) regarding MEKAKI Sp. z o.o. based in Łódź and its business partners.
- The subscription to the Newsletter may be done by:
- when placing an order by selecting the appropriate checkbox before clicking the “order” or “proceed to payment” button;
- After performing one of the activities referred to in para. preceding this paragraph, a confirmation of subscription to the Newsletter and the content of these Regulations in the form of a PDF file are sent to the e-mail address provided.
- Newsletter subscription is voluntary and free of charge. The Newsletter service is provided for an indefinite period and a person subscribed to it may cancel it at any time. In order to unsubscribe from the Newsletter service, it is enough to use the appropriate link visible in the footer of the e-mail sent as part of the Newsletter subscription.
§ 8. Final Provisions
- Nothing in these Regulations is intended to infringe the Buyer’s rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the Regulations with applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provisions of the Regulations.
- The Seller reserves the right to amend these Regulations.
- When placing another order, the Buyer will be asked to accept the Regulations valid at the time of placing the order.
- The amended Regulations are binding, after fulfilling the other conditions provided for by law, only for legal relations arising after the entry into force of the amendments.
- The person who uses the Newsletter service will be notified of the change in the Regulations by sending information about the planned change to his e-mail address provided when subscribing to the Newsletter service, along with sending the planned changes. Amendments to the Regulations will come into force after 7 days from the moment of informing her about the change in the Regulations in the manner indicated above. Amendments to the Regulations will not in any way infringe the rights acquired before the amendment to the Regulations.
- The current version of the Regulations is always available in the Regulations tab.
- In matters not covered by these Regulations, the relevant applicable legal provisions shall apply, in particular the provisions of the Civil Code and Consumer Law. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register. The seller declares his intention and agrees to an out-of-court resolution of the consumer dispute. As a last resort, the matter is resolved by a common court having local and material jurisdiction.
- This version of the Regulations is valid from January 11th, 2020.