Terms and Conditions

TERMS AND CONDITIONS OF SIN BY MANNEI SISTERS ONLINE STORE

 

§ 1 General provisions

  1. SIN BY MANNEI SISTERS online store, hereinafter referred to as ‘Store’, operating at http://www.sinbymannei.com is conducted by Inas Mannei, hereinafter referred to as ‘Seller’, who runs business activity under the name Inas Mannei, address: ul. Stanisława Wyspiańskiego 26B, apt. 102, 60-751 Poznań, Taxpayer Identification Number (NIP) 7831663209, Business Identification Number (REGON) 367311885,

  2. The Seller provides:

  1. email address to contact the Seller: help@sinbymannei.com,

  2. contact address to send any written correspondence to the Seller, including written complaints regarding Goods or returns: Urząd Pocztowy 2, Skrytka 122, ul. Głogowska 17, 60-952 Poznań.

  1. Contact details mentioned in the sections above are data that enable quick and effective contact with the Seller.

  2. The store is an ICT platform that serves for submitting and receiving orders for goods it features whose usage requires: internet access, internet browser that enables display of information and its browsing on a computer screen or another device that enables presentation of websites’ content.

  3. These terms and conditions, hereinafter referred to as ‘Terms and conditions’, in particular specify the rights and obligations of buyers and the Seller.

 

§2. Terms regarding sales of Goods

  1. Within the Store, the Seller offers online sales of goods, in particular jewelry, hereinafter referred to as ‘Goods’ as well as a service, hereinafter referred to as ‘Service’ that consists in providing, upon recipient’s permission, content of the Seller’s newsletter in the form of an email.

  2. Jewelry offered in the store is hand made so every individual item of jewelry is unique.

  3. A party to agreements concluded with the Seller in reference to sales or provision of the Service realized in the Store may be a physical person who has full capacity to perform acts in law, a physical person who has partial capacity to perform acts in law (a minor older than 13 or a partially incapacitated person) and has a permission from a statutory representative as well as a legal person or an organizational unit that has no legal personality, but has legal capacity, hereinafter referred to as ‘Customer’.

  4. The Seller accepts orders for Goods, hereinafter referred to as ‘Orders’, via order form that is available at http://sinbymannei.com. Orders are accepted 24 hours a day, 7 days a week, unless regulations of the Polish law state otherwise, which may especially refer to limitations of trading on Sundays or holidays, but at the moment these Terms and conditions come into effect there are no such limitations. To place an Order you should add selected Goods to the basket, fill out Order form and accept Terms and conditions. Orders are placed in the Store upon clicking ‘Order and pay’ button. Clicking of this button is tantamount to concluding an agreement.

  5. Directly before placing an Order through clicking the ‘Order and pay’ button, the Customer is informed about the main features of the Order, including in particular the name of ordered Goods and total amount to be paid that embraces the price of the Goods and delivery costs of the Goods on the Customer’s Order.

  6. Directly after placing an Order the Seller accept Customer’s offer, confirming that the agreement has been concluded by sending an email to the Customer’s address also providing information on the main features of the service as stated in the section 4 above as well as content of these Terms and conditions, meeting the requirements of article 21, section 1 of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 with later changes).

  7. The Seller fills Orders (delivers ordered Goods) in Poland and beyond its borders, in selected countries whose list is available to Customers while they place Orders.

  8. The Seller offers Customers the following options to pay for ordered Goods:

  1. via electronic payment system Tpay.com which is run by Poznań-based Krajowy Integrator Płatności S.A. company (Tpay.com is an external platform that enables Customers to pay in the Store with a credit or debit card or via a fast transfer. A fast transfer means that while placing an Order Customers are redirected to their bank’s website, they log in and get a transfer form to approve with a password. Customers do not have to give any additional pieces of information. Immediately after making such a transfer the Store receives information that the Order has been paid for),

  2. via PayPal system which is run by Luxembourg-based PayPal (Europe) S.à r.l. & Cie, S.C.A.

  1. The Seller begins filling the Order upon receiving confirmation of payment from the payment system operator.

  2. The Seller issues a cash register receipt for every Order placed by a Customer who is a consumer according to regulations of the Civil Code.

  3. If a Customer’s Order cannot be filled because of unavailability of Goods from the Order, the Customer will be immediately informed about it and the money they paid for the Goods and their delivery will be immediately returned.

 

§ 3 Prices

  1. Prices given in the Store are in Polish zlotys (PLN) and they include VAT.

  2. The gross price that is given next to Goods while placing an Order is binding the moment Customer places an Order .

  3. Current information on delivery costs and payment methods is available while the Customer chooses delivery and payment methods for selected Goods, that is, before the Order is placed.

 

§ 4 Terms of delivery of Goods

  1. Goods are dispatched by the Seller immediately after filling of the Order is initiated. The standard, anticipated delivery time in Poland is specified in the store and presented next to the Goods. In each case the Store makes its best to deliver the Goods to Customers within 30 (in words: thirty) days from the moment filling of the Order is initiated.

  2. Delivery of Goods is executed by professional courier companies; in order to guarantee optimum quality and price of courier services, the Seller selected various courier companies for various countries.

 

§ 5. Services

  1. The Seller offers Customers a chance to access newsletter prepared by the Seller.

  2. Taking advantage of access to the newsletter is voluntary, free of charge and it requires:

  1. provision of an email address,

  2. provision of permission to send commercial information to this email address.

    1. Agreement regarding provision of access to the newsletter is concluded the moment Customer gives their email address on the form that is available in the store and activates a link hidden under ‘Sing up’ button.

    2. Recipient of the service of newsletter access can dissolve the agreement mentioned in section 3 above any time, submitting via an email or in writing a request to stop sending messages within newsletter.

 

§ 6. Cancellation policy

  1. Under the terms of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 with later changes), every Customer who purchased Goods in the Store as a consumer as defined by the regulations of the Civil code, can withdraw from the sales agreement within 14 days under terms and in a way specified in information that constitutes annex no 2 to these Terms and conditions.

  2. In order to execute the right to withdraw from an agreement, it is enough to get acquainted with and follow information included in annex 2 to these Terms and conditions.

  3. The Seller provides a cancellation form whose sample constitutes annex no 1 to these Terms and conditions. Customers can use the form in order to withdraw from the agreement.

  4. The Seller requests that Customers send a copy or original of the proof of purchase (receipt) along with the Goods they return within withdrawal from the agreement.

  5. The Seller informs that the right to withdraw from an agreement does not apply to Goods which are delivered in sealed packages that cannot be returned once they were opened because of health protection or for hygienic reasons, which in particular refers to earrings offered by the Store. Their usage may be related with the risk of direct contact with the user’s blood, which make it impossible to resell them because of health protection and hygienic reasons.

 

§ 7. Complaints

  1. The Seller is obliged to deliver Customers Goods that are free from physical and legal flaws. A physical flaw consists in particular in nonconformity of Goods with the agreement, especially:

  1. lack of features the Goods should have due to the purpose specified in the agreement or resulting from circumstances or function;

  2. lack of features of the Goods whose presence the Seller guaranteed to Customers, especially in the description featured by the Store,

  3. inability to use the Goods for the purpose the Customer specified to the Seller while concluding the agreement in the case when the Seller did not make any reservations about such use of the Goods,

  4. delivery of Goods to Customers in incomplete condition.

  1. If the Goods have flaws that were present while the Customer received the Goods or the Goods were damaged during delivery, the Customer has the right to send them back, together with a written complaint, to the Seller’s address as specified in § 1 section 2 of these Terms and conditions; shipment costs are covered by the Seller. The Seller requests that Customers provide the most precise description of the flaw possible and information how Customers want the complaint to be handled as well as a copy or original of the proof of purchase (receipt). The Seller assures that if need be, Customers will be asked to complement the complaint. Possible additional questions or requests from the Seller will be made exclusively for Customer’s sake, to handle the Customer’s complaint in the best and quickest possible way and they do not affect the time of response to a complaint.

  2. The Seller is responsible for flaws of the Goods that existed at the moment of shipment or resulting from circumstances accompanying the Goods at the moment of shipment provided that they were discovered within two years upon delivery of the Goods to the Customer.

  3. Customers can demand exchange of defective Goods for ones that are free from flaws or their repair. They can also withdraw from the agreement or demand a discount unless the seller suggests exchange or repair.

  4. The Seller is obliged to exchange defective Goods or remove the flaw in a reasonable time, avoiding redundant inconvenience for Customers.

  5. Unless the Seller immediately and without redundant inconvenience for Customers removes the flaw or exchanges defective Goods for ones free from flaws, Customers have the right to place a statement on price reduction or withdrawal from agreement. This provision does not apply to relations between the Seller and Customers who are not consumers as defined by the regulations of the Civil code.

  6. The Seller is not held accountable for mechanical damage of Goods unless they were present the moment the Goods were delivered to the Customer or unless they occurred as a consequence of flaws present in the Goods the moment the Customer received them. Discovery of such mechanical damage will be the grounds to consider complaint unjustified.

  7. The Seller will respond to a Complaint filed by a Customer who is a consumer as defined by the regulations of the Civil code within 14 days upon the day it was made and in other cases – within 30 days.

  8. The Seller is accountable to Customers under the terms specified above:

  1. to Customers who are consumers as defined by the regulations of the Civil code, if the flaw was discovered within two years upon delivery of the Goods and the Seller is informed about it no later than within a year upon the moment the flaw was discovered,

  2. to Customers who are not consumers, if the flaw is detected within two years and the Seller is immediately informed about it, no later than within seven days upon discovery of the flaw.

  1. When it comes to Customers who are not consumers as defined by the regulations of the Civil code, they lose the right to statutory warranty claims unless they examine the Goods immediately after receiving them.

  2. Customers can take advantage of out-of-court methods of handling complaints and pursuing claims, especially if the Seller does not handle complaints as expected by Customers who are consumers as defined by the regulations of the Civil code. To this end Customers can choose to:

  1. file a motion to the provincial Trade Inspection Authority, asking to institute mediation proceedings (free of charge) in order to settle the dispute amicably,

  2. turn to the permanent consumer arbitration court at the corresponding provincial Inspection Authority,

  3. turn to the district (municipal) consumer advocate for free advice; the advocate can ask the Seller for amicable settlement of the dispute on Customer’s behalf or file a lawsuit against the Seller on Customer’s behalf.

  1. Detailed information on the possibility of taking advantage of out-of-court methods of handling complaints and pursuing claims mentioned above in points a) to c) by customers as well as rules of access to these procedures are available in the offices and on websites of provincial Trade Inspection Authorities and district (municipal) consumer advocates as well as social organizations whose statutory tasks include protection of consumer rights.

 

§ 8. Personal data, privacy

  1. Administrator of personal data is Inas Mannei, address: ul. Stanisława Wyspiańskiego 26B, apt. 102, 60-751 Poznań, Taxpayer Identification Number (NIP) 7831663209, Business Identification Number (REGON) 367311885.

  2. The administrator processes only those personal data which Customers voluntarily provided while shopping in the Store, that is: name, last name, email address, phone number, delivery address.

  3. Personal data are processed only in order to execute the agreement and for marketing purposes of the Seller’s goods and services; Customers will be sent commercial information on their email only if they submit a separate permission.

  4. Customers have the right to look into their personal data, demand their correction and removal.

  5. Personal data are processed in line with provisions of the Act of August 29, 1997 on protection of personal data (Journal of Laws of 2016, item 922 with later changes).

  6. The Seller accumulates information on IP addresses of devices that connect with http://sinbymannei.com. Information gathered this way is used for analysis and verification of the Store’s operation. Based on these data visitor statistics are prepared.

  7. Information on IP numbers is also used for technical purposes.

  8. Some areas of the Store use cookies – text files that are placed on Users’ devices, identifying them in a way that is essential to use some of the Store’s functionalities. Visiting the Store without changing browser settings regarding cookies mean that they will be placed on devices of visitors. Anybody who uses the Store in any way can change browser settings regarding cookies at any point, blocking placement of these files on their devices.

 

§ 9. Final provisions

  1. The Seller has the right to change the offer of Goods as well as launch, change and cancel promotional actions, including loyalty programs, which will have no influence whatsoever on Customers’ Orders that have been earlier placed and/or filled.

  2. These Terms and conditions come into effect on the day they are posted in the Store at http://www.sinbymannei.com/strona/regulamin and it will remain in force for an indefinite period of time.

  3. Changes of these Terms and conditions come into effect on the day new Terms and conditions are posted at http://www.sinbymannei.com/strona/regulamin; these changes apply to Customers who are consumers as defined by the regulations of the Civil code provided that they accept them. Changes to Terms and conditions do not affect Orders that had been placed by Customers before such changes came into effect; such Orders will be filled under previous rules.

  4. Any and all disputes that shall occur between the Customer and the Seller on the basis of or in relation with the agreement concluded under these Terms and conditions, will be settled by the parties amicably. In case they are unable to reach an agreement, the disputes will be settled by the Polish common court that has jurisdiction over the Seller’s seat; this provision does not apply to Customers who are consumers as defined by the regulations of the Polish Civil code.

  5. The Seller informs that there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform); it is available at http://ec.europa.eu/consumers/odr/.

  6. Every internet user can download these Terms and conditions for printout from http://www.sinbymannei.com/strona/regulamin and save them on their devices.

  7. Relations between Customers and the Store are regulated by the Polish law to the extent to which application of this law has not been excluded or limited by the norms of EU regulations or the norms of international agreements to which Poland is a party.

  8. The Seller’s accountability towards Customers who are not consumers as defined by the regulations of the Civil code is limited to responsibility for actual damage and is limited to the amount that was paid for the Goods.

  9. These Terms and conditions are in place as of June 15, 2017.

 

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