​ ​ Rules and regulations - MC Premium ​ ​ ​

Rules and regulations

§ 1

General provisions

These Regulations (hereinafter referred to as the “Regulations”) define the terms and conditions for the provision of electronic services by MC Premium Monika Chwajoł, based in Krakow at Kołowa Street 7/62, entered into the Central Register and Information on Economic Activity (CEIDG), kept by the minister competent for economy, NIP 945-179-36-39, REGON 120297984, hereinafter referred to as the “Service Provider”.

The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent and based on the principles set out in the privacy policy published on the Online Store website. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect its content and the right to update and correct it.

All activities provided for in these Regulations related to placing orders and the complaint procedure, for which the form is provided via e-mail, are made to the e-mail address: atelier@mc-premium.pl

§ 2

Definitions

  1. Consumer– a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
  2. Seller– a natural person running a business under the name MC-Premium Monika Chwajoł, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 945-179-36-39, REGON 120297984
  3. Customer- each entity making purchases through the Store.
  4. Store-an online store run by the Seller at the Internet address www.mc1978.com
  5. Regulations- niniejszy these store regulations.
  6. Website- it is understood as the website belonging to the Service Provider, located at www.mc1978.com, through which Customers can use the services consisting in providing information.
  7. sales system- it means the application available on the Website, through which it is possible to use the services provided by the Service Provider by electronic means.
  8. Cookie- – it is understood as a text file in which information is saved by the server of the Sales System on a device used by the User. The information stored in the cookie file can be read by the Sales System server when you reconnect from this device, but it can also be read by other servers.
  9. Payment system operator- it is understood as an entity selected by the Service Provider that provides services related to the delivery, maintenance and servicing of payments by card or transfer as part of online banking.
  10. Electronic payment- it is understood as a payment made by the Customer by card or bank transfer as part of online banking, which is handled by the Payment System Operator.
  11. Electronic communication means – it is understood as technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, in particular electronic mail.
  12. Website- it is understood as the website belonging to the Service Provider, located at www.mc1978.com, through which Customers can use the services consisting in providing information.
  13. sales system- it means the application available on the Website, through which it is possible to use the services provided by the Service Provider by electronic means.
  14. Registration form- – a form available in the Store that allows you to create an Account.
  15. Order form- an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment
  16. Shopping Cart- an element of the Store’s software, in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  17. Product- a movable item / service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller
  18. Sales contract- a contract for the sale of a Product concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – according to the features of the Product – a contract for the provision of services and a contract for specific work.
  19. Distance contract– contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication till the conclusion of the contract.
  20. Services- – it is understood as all services provided electronically by the Service Provider to the Customers on the basis of these Regulations.

§ 3

Contact with the store

  1. Seller’s address:

MC PREMIUM

ul. Czeremchowa 2a

30-218 Kraków

2.Contact phone number: 505-666-683

3. E-mail adress: atelier@mc-premium.pl

4. 4Seller’s bank account number:

Alior Bank S.A. PL 91 2490 0005 0000 4530 7539 7999

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph

6. The customer may communicate by phone with the Seller between 10:00 and 16:00, from Monday to Friday

§ 4

Core business

The Service Provider provides the following Services by electronic means:

  • concluding contracts for the sale of products via the Sales System
  • access to the Website, which allows you to familiarize yourself with the offer applicable in the sale of the Service Provider and information on current promotions

In order to communicate with the Customer in connection with the provision of the Services referred to above, the Service Provider uses the means of electronic communication, in particular e-mail, the Website and the Sales System. The costs of using the above-mentioned means of distance communication by the Customer in order to conclude the contract are not higher than those usually applied for the use of these means of communication and depend on the tariff packages of the service provider used by the Customer.

§ 5

Technical requirements

To use the Store for viewing the assortment and placing orders for Products, you must:

  • have a computer or other electronic devices with Internet access and an individual e-mail account;
  • have an active e-mail account;
  • have cookies enabled

The information contained in the system logs (e.g. Users’ IP address) is used by the Service Provider for technical purposes, as well as to collect general, statistical information. The website uses cookies to provide services and content tailored to individual needs and interests. Disabling cookies in your browser may cause difficulties or prevent the use of the Services. Cookies are also used to collect general, statistical information on the use of the Website by Users

§ 6

General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account, or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
  3. The prices given in the Store are given in PLN and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, i.e. at the time of expressing the will to be bound by the Sales Agreement.
  5. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, i.e. at the time of expressing the will to be bound by the Sales Agreement.
  6. Acceptance of the Regulations is voluntary, but necessary for the purpose of creating a Customer Account and / or for the Customer to place an order for the purchase of Products.

§ 7

The process of creating an Account in the Store

  1. In order to create an Account in the Store, you must complete the Registration Form, providing the following data: an e-mail address, a place of residence, a name and a surname, a telephone number.
  2. Creating an Account in the Store is free.
  3. Logging into the Account takes place by entering the login and password set in the Registration Form
  4. The Customer has the right to delete the Account at any time, without giving any reason and without incurring any fees on this account. The account is deleted by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 8

Placing orders and concluding a sales contract

  1. The Service Provider’s products are described in detail. The Service Provider’s website contains information on the properties of the goods, their price and the material which they are made of (the main features of the service, including the subject of the service and the method of communication with the Customer are specified on the website). Photos and presentations of the offered products are examples and are used to present the models specifically indicated on them.
  2. Services consisting in the sale of clothing products may be provided through the Sales System.
  3. Only adult natural persons with full legal capacity, within the meaning of the Civil Code, and legal persons may use the Service Provider’s offer in the scope resulting from the operation of the Sales System.
  4. When entering the ordering process, the Customers, as part of the Sales System, fill in a form in which they provide their name, surname and delivery address. After completing the form, the Customer is obliged to verify the compliance of the data and confirm it.
  5. An Order is placed by selecting clothing products via the Sales System. The order placed by the Customer constitutes an Offer within the meaning of the provisions of the Civil Law.
  6. By confirming the content of the Form, the Customers declare that:
    • the data provided by them is correct, complete and consistent with the facts;
    • they have read the Regulations and undertake to comply with them;
    • are entitled to conclude a contract for the provision of electronic services
  7. The order placement message confirms that the Service Provider has received the Customer’s purchase offer. It will be displayed on the website of the Service Provider’s store and sent automatically by e-mail along with information on the quantity of products, the value of the order, a selected type of delivery and payment, order fulfilment time and customer’s contact details.
  8. The contract is concluded upon the confirmation of the acceptance of the Customer’s order by the Seller.
  9. Information about the acceptance of the order for execution will be confirmed by the system automatically by e-mail.

§ 9

Delivery and payment methods

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    • Courier service UPS Standard
    • For purchases of more than PLN 300 the delivery of products within Poland is free of charge
    • Personal collection at MC Premium Atelier
  2. The customer can use the following payment methods:
    • Payment by a traditional bank transfer, when you log in to your bank’s website and complete the data (recipient’s details, sender’s details and product details);
      • PLN – PL 91 2490 0005 0000 4530 7539 7999
      • EURO – 71 2490 1057 0000 9902 6511 9336 EUR
      • GBP – 62 2490 1057 0000 9904 6511 9336 GBP
      • USD – 27 2490 1057 0000 9901 6511 9336 USD
  3. The order is processed after the payment is credited to the account. In the case of payment by the traditional online transfer method, the date of receipt of the shipment may be delayed by the time the payment is posted by the bank. Standard delivery time is 2 to 5 business days. The delivery time depends on the area specified in accordance with the postal code assigned to the address provided by the Customer. A registered shipment will be sent on the date specified in the Sales System, counted from the date of conclusion of the contract, the length of which depends on the availability of the product. The period for the rendition by the Service Provider is no more than 30 days
  4. Product deliveries are made both within the Republic of Poland and to selected countries:
    • Germany, Czech Republic, Romania, Hungary, Austria;
    • UK;
    • France, Italy, the Netherlands, Spain, Portugal, Belgium, Ireland;
    • Greece, Croatia, Finland, Denmark, Sweden, Norway, Switzerland;
    • USA
  5. The legislator reserves that the commencement of the contract may be delayed until the amount of the sale price (and any shipping costs) is credited to the account, if the Customer chooses the form of payment as online prepayment. If the payment is made using a payment card, the order will be processed after the positive authorization of the transaction.
  6. Orders placed on non-working days will be processed on the first working day following the day on which the order was placed.
  7. The Service Provider reserves the right to refuse an order in the following cases:
    • the customer does not comply with the rules of the regulations;
    • there are important doubts regarding the client;
    • the order could not be confirmed;
    • the transaction has not been authorized in the electronic payment system;
    • payment for the order was not made within the specified time;
    • the order cannot be processed for logistical reasons;
    • it is not possible to verify the order within the next 3 working days;
    • no confirmation of the order being accepted for execution within the next 5 business days

In the event of a refusal to conclude a contract, the Customer will be immediately notified by e-mail to the e-mail address provided by the Customer in the order or by phone by the Service Provider’s employees.

The Service Provider is not responsible for the delay or failure to deliver the order on the date selected by the Customer in the event of events and situations beyond his control, which prevented the execution of the Order.

§ 10

The right to withdraw from the Agreement

  1. The consumer, in accordance with art. 27 of the Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2020, item 287 as amended), may withdraw from the Sales Agreement within 14 days without giving any reason and without incurring any costs other than those provided for by law.
  2. The course of the time limit specified in sec. 1 begins with the delivery of the Product to the Consumers or a person other than the carrier designated by them.
  3. The deadline to withdraw from the contract expires after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
  4. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, batch or part.
  5. The consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
  6. The statement may be sent by traditional mail or electronically by sending the statement 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 § 3.
  7. The right to withdraw from the Agreement does not apply to products personalized, modified or changed at the Customer’s request (e.g. tailor-made clothes).

§ 11

Consequences of withdrawal from the Agreement

  1. In the event of withdrawal from this contract, the Service Provider shall reimburse the Customers for all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered by the Service Provider), immediately, and in any case not later than 14 days from the date on which the Service Provider was informed about the Customer’s decision to exercise the right to withdraw from this contract. The customer bears only the direct costs of returning the goods to the seller. The reimbursement will be made using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution; in any case, the customer does not bear any fees related to this return
  2. The Service Provider may withhold the reimbursement until receipt of the item or until proof of its return by the Customer is provided, depending on which event occurs first.
  3. The Customer should send back or hand over the item to the Service Provider immediately, and in any case not later than 14 days from the date on which the Customer informed the Service Provider about the withdrawal from this contract. The deadline is met if the customer sends back the item before the deadline of 14 days.
  4. The goods offered as a set should be sent back in full.
  5. The customer bears the direct costs of returning the goods, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
  6. The consumer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  7. The Service Provider may refuse to accept the return if the returned goods are changed (in particular incomplete, unmarked, used, washed or damaged), except in cases where the change was necessary to establish the nature, characteristics and functioning of the goods.
  8. The consumer is responsible for reducing the value of the returned Products as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Products. The Seller reserves the right to claim damages against the Consumer, to the extent permitted by applicable law.

§ 12

Complaints procedure

  1. The Sales Agreement covers new Products.
  2. The Service Provider is obliged to deliver the goods to the Customer without physical or legal defects. The Service Provider is liable to the Customer for the defectiveness of the goods sold, which existed at the time of passing the danger onto the Customer or resulted from the cause inherent in the goods sold at the same time, to the extent specified in the Act of 23 April 1964 Civil Code and the Act of May 30 2014 on consumer rights.
  3. In the event of a defect in the goods purchased from the Seller, Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
  4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
  5. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the customer submitting the complaint, and the customer’s request in connection with the defect of the goods.
  6. The Seller will respond to the complaint immediately, no later than within 14 days, and if they do not do so within this period, it is considered that the Customer’s request was considered justified.
  7. If the claims are considered justified, the Service Provider will send the Customer a full-fledged product (repaired or new) within 14 days from the date of acceptance of the complaint, and if it turns out to be impossible (e.g. out of stock), the Service Provider will reimburse the Customer for the full amount of the product price paid together with the costs incurred by the customer with the costs of delivery of the returned clothing product in a standard package.
  8. If the complaint is not accepted, the goods will be returned to the Customer together with the opinion as to the unjustified nature of the complaint.
  9. The use of out-of-court complaint and redress procedures is voluntary.
  10. Detailed information on the possibility for the Customer who is a Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
  11. The consumer has, among others the following options for using out-of-court complaint and redress procedures:
    • referring to a permanent consumer arbitration court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (consolidated text, Journal of Laws of 2020, item 1706, as amended), with a request to settle a dispute arising from the concluded Sales Agreement;
    • application to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (consolidated text Journal of Laws of 2020, item 1706, as amended) with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the premises and on the websites of individual Provincial Inspectorates of the Trade Inspection;
    • asking for free assistance in resolving a dispute between the Consumer and the Seller to the county (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection, among others Consumer Federation.
  12. Pursuant to the Regulation of the European Parliament and of the Council No. 524/2013 of May 21, 2013, below we provide an electronic link to the ODR platform. The ODR platform is, among others a source of information on the forms of out-of-court settlement of disputes that may arise between entrepreneurs and consumers.

§ 13

Responsibility

1. It is forbidden to download the content of databases made available on the Website and in the Sales System, and its secondary use in whole or in a significant part. 2. The Service Provider does not allow copying, disseminating, transmitting, modifying or otherwise using any works made available on the Website and in the Sales System, except for using them as part of fair use. 3. The Service Provider is not responsible for any damage resulting from the cessation of the provision of the Services, if it is a consequence of the inability to effectively perform the services due to the fault of the Customer. The Service Provider is also not responsible for damages resulting from the cessation of services by the Customer who violates the Regulations. 4. Moreover, the service provider is not responsible for: • information and materials downloaded and sent via the Internet by customers; • any damage caused to third parties as a result of the Customers’ use of the Services in a manner inconsistent with the Regulations or the law; • loss of data by the Customer as a result of external factors (e.g. software failure) or other circumstances beyond the Service Provider’s control (third party actions); • Customers providing untrue or incomplete information when placing the Order; • non-compliance by customers with the terms of the Regulations; • failure to complete the Order due to circumstances beyond the control of the Service Provider (force majeure), i.e. circumstances that they did not know and could not have foreseen or could not prevent, despite exercising due diligence, in particular due to the cessation of media deliveries to the place of sale of products, a change of domestic or foreign regulations, natural disasters, wars, riots, roadblocks, strikes, issuance or non-issuance of relevant decisions by public administration authorities in the country or abroad.

§ 14

Copyright

It is forbidden to copy and distribute materials in the Sales System and on the Website without the written consent and knowledge of the owners of the proprietary copyrights. The designs presented on the website are protected by proprietary copyrights, which are vested in the MC PREMIUM company. Any use of them without the written consent of MC PREMIUM is a violation of the law and is subject to sanctions resulting from the act on copyright and related rights.

§ 15

Personal data protection

  1. The administrator of Customers’ personal data provided to the Seller voluntarily as part of the Registration process, placing a one-time order and as part of the Seller’s provision of electronic services or under other circumstances specified in the Regulations, is the Seller.
  2. The Customer provides their personal data to the Seller voluntarily, with the proviso that failure to provide certain data in the Registration process prevents Registration and setting up a Customer Account and prevents the submission and implementation of the Customer’s order in the case of placing an order without registering a Customer Account.
  3. The Seller processes the Customers’ personal data in the process of order fulfilment, the Seller’s provision of electronic services and for other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.
  4. The customer has the right to access their data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing, which was made on the basis of consent before its withdrawal.
  5. The customer has the right to lodge a complaint with the Office for the Chief Inspector of Personal Data Protection if they assume that the processing of their personal data violates the provisions of the GDPR.

§ 16

Final Provisions

  1. These Regulations enter into force on the day of their publication on the website on 06/12/2021
  2. The Service Provider has the right to unilaterally amend the Regulations. Amendments to the Regulations come into force when the amended Regulations are posted on the Website or the Sales System. The Customer has the right to terminate the Agreement without notice in the event of non-acceptance of the terms of the amended Regulations.
  3. The Seller may modify the technical method of providing the Service, in particular for technological reasons (the development of browsers and technology), but without deteriorating its quality, and without affecting the scope of the rights and obligations of the Customer and the Seller.
  4. In the event of a dispute arising under the concluded Sales Agreement, the parties will endeavour to resolve amicably. The law applicable to all disputes is Polish law.
  5. The parties jointly declare that the court competent to hear disputes arising from the use or violation of the Regulations and for contracts concluded on its basis is the court competent for the seat of the defendant or the court competent for the place of performance of the contract.
  6. The contract for the sale of clothing products is concluded in Polish.
  7. 7. In matters not regulated by the Regulations, the provisions of the Act of April 23, 1964 – Civil Code (i.e. Journal of Laws 2020, item 1740, as amended), the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2014, No. .2020, item 287, as amended) and the Act of 18 July 2002 on the provision of electronic services (ie Journal of Laws 2020, item 344, as amended).