Manirouge Polska Sp. z o.o.
ul. Gen. Bora-Komorowskiego 24
§ 1 Definitions
1. Address – full name or name of the institution, location (for locations with street names: Street name, building numer, apartment or place numer; for locations with no street names: location name and house number), postal code and location name.
2. Address for returns:
Manirouge Polska Sp. z o.o.
ul. Gen. Bora-Komorowskiego 24
3. Prices – a complete list of delivery options and prices available at http://www.manirouge.com/cenni...
4. Contact information:
Manirouge Polska limited liability company (spółka z ograniczoną odpowiedzialnością) with its registered seat in Gdańsk (80-377), Poland at 24 Gen. Bora-Komorowskiego Street, registered in National Court Register by the District Court Gdańsk – Północ (Gdańsk – North), VII Commercial Department under National Court Register number 0000653313, with a NIP (National Tax Identification) number: 583-322-39-33 and REGON (National Business Registry) number: 366108863. With the share capital of 5.000,00 PLN.
Email at: firstname.lastname@example.org
Traditional post: at the address provided above.
5. Delivery – shipment type, shipping agent and costs are provided in the shipping rates available at adresem http://www.manirouge.com/cenni...
6. Purchase receipt – VAT invoice, account or receipt issued under Value Addex Tax Act of March 11, 2004 (Journal of Law of 2004, no. 54 it. 535 with further amendments) and other applicable law regulations.
7. Product sheet – a single internet service subpage providing information on a single product.
8. Client – an adult of full legal capacity, a legal entity or an organisation with no legal personality, yet with full legal capacity, purchasing a product from the Vendor (a product directly related to the Buyer’s business activity or profession).
9. Civil Code – Civil Code of April 23, 1964 (Journal of Law of 1964 No. 16 it. 93 with further amendments)
10. Consumer – an adult legal person with full legal capacity purchasing a product from the Vendor (a product indirectly related to the Buyer’s business activity or profession).
11. Cart – a product list made of products offered by the Shop, based on the Buyer’s wish list.
12. Buyer – Consumer or Client.
13. Product hand-over localisation – postal address or collection point indicated in the order form by the Buyer, or the company seat.
14. Product hand-over moment – a moment in which the Buyer or any third person or legal entity indicated by the Buyer obtains the product into their possession.
15. Payment – method of payment for the subject of agreement and the shipping costs indicated at
16. Consumer rights – Consumer Rights Act of May 30, 2014 (Journal of Law of 2014, it. 827 with further amendments).
17. Product – minimal and indivisable piece of something which may be the subject of order and which constitutes a unit of measurement established by the Vendor’s having its price (price/unit).
18. Subject of Agreement – products and delivery constituting the subject of Agreement.
19. Subject of contractual obligations – see: subject of Agreement.
20. Collecting point – product hand-over localisation having no postal address, listed by the Vendor in his shop.
21. Item – a movable good or service available from the Shop, being or being able to pose the subject of Sales Agreement.
22. Shop – internet service available at http://www.manirouge.com where the Buyer can place an order.
Manirouge Polska limited liability company (spółka z ograniczoną odpowiedzialnością) with its registered seat in Gdańsk (80-377) at 24 Gen. Bora-Komorowskiego Street, registered in the National Court Register by the District Court Gdańsk – Północ (Gdańsk – North), VII Commercial Department under National Court Register number 0000653313, with a NIP (National Tax Identification) number: 583-322-39-33 and REGON (National Business Registry) number: 366108863. With the share capital of 5.000,00 PLN. Contact by:
email at: email@example.com
traditional post: at the address provided above.
24. System – a set of IT devices and software appliances securing data processing and storage, as well as sending and receiving data via telecommunication line using a proper end user’s device; popularly referred to as „the Internet”.
25. Processing time – – a number of hours or working days provided on the product sheet.
26. Agreement – an agreement which is concluded outside of the company’s office or a remote agreement under the Consumer Rights Act of May 30, 2014 (in case of Consumers) and a sales agreement under art. 535 of the Civil Code of April 23, 1964 (in case of Buyers).
27. Defect – both, physical and legal.
28. Physical defect – nonconformity of goods with the agreement, in particular if:
- the goods lack properties which are typical of the goods of this type as per the purpose stated in the agreement or arising from the circustances or its intended use;
- the goods lack properties the Consumer had been reassured of by the Vendor;
- the goods are not suitable for the purpose the Buyer had intended to use it for (of which the Vendor had been informed at conclusion of the Sales Agreement and the Vendor failed to object to it);
- the goods handed-over to the Consumer are found incomplete;
- the goods fail to be mounted and started properly by the Vendor or any third person the Vendor is responsible for, or by the Consumer who had followed instructions provided by the Vendor;
f. the goods lack a property it was supposed to possess as assured by the manufacturer or his representative or a person who puts the goods on market as per their business activity, and a person who claims to be the manufacturer of the goods by putting his company name, his trade mark or any other label and presents himself as the manufacturer of the goods, unless the Vendor had been aware of such assurance neither reasonably could have known nor it could have influenced the Consumer’s decision on conclusion of the Sales Agreement or in the situation when their content had been rectified prior to conclusion of the Agreement.
29. Legal defect – a situation when the goods sold belong to another person or bear the third person’s right to it, as well as when limitation in use of goods or maintenance result from a ruling or statement by proper authority.
30. Newsletter – sending commercial information via electronic communication (email, text message).
31. Order – declaration of intent made by the Buyer through the Shop in which there are provided details as follows: type of goods, quantity, shipping conditions, method of payment, product hand-over localisation, Buyer’s details, aiming at conclusion of Sales Agreement between the Vendor and the Buyer.
§ 2 General terms
1) Information published at www.manirouge.com shall not constitute an offer under art. 66 § 1 of the Civil Code but should be treated as an invitation to discussion.
3) Product hand-over localisation does not necessarily need to be found on the territory of Republic of Poland.
4) The Vendor is obliged and commits himself to deliver goods which are free of any defects.
5) All prices provided by the Vendor are gross prices (include VAT) and are given in Polish Zloty (PLN). Delivery costs should be added to the prices (see: shipping rates section).
6) The Vendor does not give the Buyer guarantee under art. 577 of the Civil Code. The Buyer however is instructed on guarantees known concerning the products offered by the shop which are given by the third parties.
8) The Vendor does not charge any fees for communication with it using means of distance communication and the Buyer shall bear his or her costs in the amount resulting from the contract concluded with third party providing its services with a remote communication method. The Vendor indicates that he will communicate with the Consumer by email or traditional post.
9) The Vendor assures the system users that the shop will operate properly with the following browsers: Google Chrome 55.0.2883.87 m, Internet Explorer 11, Mozilla Firefox 50.1.0, Safari 5.1.10. with installed latest versions of JAVA and FLASH, with the resolution above 1024 pixels. Using third party companies software influencing the operation and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can also have influence on proper display of the manirouge.com shop’s interface. Therefore, they should be switched off. 10) The Buyer may use the option of saving their data in the store functions in order to make the process of placing the next order easier. In order to do that, the Buyer provides a login and a password which will give them access to their account. The login and the password shall be a chain of characters set by the Buyer who is obliged to keep them secret and to protect them from unauthorized access by third parties. It is possible for the Buyer to view, correct, update or delete their account in the shop at any time.
§ 3 Conclusion of the agreement and implementation
1. Orders can be placed 24 hours a day.
3. The Client is limited by a quantity of 10 pieces of one product ordered in the 90 following calendar days. The period of 90 days starting at the date when the first order has been placed.
4. The Agreement is concluded the moment the Consumer’s order is accepted by the Vendor. Order placement is confirmed by an email sent to the Consumer.
5. The implementation of the Consumer’s order payable by cash on delivery takes places immediately, while the implementation of the order payable by money transfer or through the electronic payment service takes place after the payment is credited to the Vendor’s bank account. In case of payment by credit/debit card – the implementation of the order takes place after the payment has been accepted.
6. The conclusion of Agreement with the Client is done in the course of negotiations which are started with the Client placing his/her offer using the manirouge.com website. The Vendor may accept or decline the offer.
7. The implementation of the Client’s order payable by cash on delivery takes places immediately, while the implementation of the order payable by money transfer or through the electronic payment service takes place after the payment is credited to the Vendor’s bank account. 8. The implementation of the Client’s order may be made conditional upon the payment of all or part of the order’s value or upon obtaining the limit of the trade credit of at least the order’s value or obtaining the Vendor’s consent to send the ordered items using the „cash on delivery” option.
9. The subject of agreement shall be shipped within the term specified in the product sheet, and for multi-product orders – within the longest term provided in the product sheets. The term begins to run when the order has been implemented.
10. The subject of Agreement purchased by the Buyer shall be shipped according to the delivery option chosen by the Buyer to the product hand-over localisation indicated by the Buyer in the order form.
11. The Buyer is obliged to inspect the parcel at the courier’s (shipping company’s representative) presence to assess if it is free of any damage. If the parcel is damaged anyhow, it must be indicated in the claim form in the shipping company representative's presence.
§ 4 The right to withdraw from the Agreement
1. The Consumer is, under art. 27 of the Consumer Law, entitled to withdraw from the distance agreement without providing a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
2. The term of withdrawing from the distance agreement is 14 days after the Consumer or any third person indicated by the Consumer (other than the courier) has come into possession of the ordered items. In case of a multi-product agreement which are delivered separately, in sets or in parts – after coming into possession of the last item delivered, a set of the items ordered or a part of the order; in order to comply with the deadline set, it is suficient to send a statement before the expiration of the indicated term.
3. The declaration of withdrawing from the Agreement can be submitted by the Consumer on the form, the template of which constitutes the Annex 2 to the Consumer Law or in any other written form pursuant to Consumer Law.
5. The Consumer is obliged to return the product/item to the Vendor without a delay, however no later than 14 days after the date of withdrawing from the Agreement. In order to comply with the term above it is sufficient to return the product/item before the expiration of the term mentioned.
6. The Consumer shall return the products/items being the subject of the Agreement at his/her own expense and risk.
7. The Consumer shall not bear the cost of providing digital content that is not recorded on a material storage device if the Consumer has not agreed to the service being provided before the expiration of the term to withdraw from the Agreement, or was not informed about the loss of their right to withdraw from the Agreement at the time such a consent was given, or the entrepreneur failed to provide confirmation pursuant to art. 15 section 1 and art. 21 section 1 of the Consumer Law.
8. The Consumer is responsible for reducing the value of the product/item being the subject of Agreement resulting from the use of it in a way that is beyond what is necessary to establish its character, properties and functionality.
9. The Vendor shall, promptly, but no later than within 14 days after the receipt of the Consumer’s withdrawal notice, reimburse to the Consumer all payments made by him/her, including the product’s delivery costs (up to the costs covering the cheapest possible delivery option; shall the Consumer choose any other than the cheapest delivery option, the Vendor will not reimburse additional costs to the Consumer). In case it is necessary to reimburse the payment made by the Buyer with a credit/debit card, the Vendor shall return the payment to the bank account assigned to the Buyer’s card.
10. The Vendor shall make reimbursement of the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agrees to another method of payment that does not invlolve any costs on its part and the Vendor is capable technically and lawfully of making such a reimbursement.
11. The Vendor may refrain from reimbursing the payment received from the Consumer until the product/item is returned or until the Consumer has provided the Vendor with the item return proof, whichever occurs first.
12. In accordance with art. 38 of the Consumer Law, the Consumer shall not have the right to withdraw from the Agreement:
a. in which the price or remuneration is dependent on the fluctuations on the financial market, which cannot be controlled by the Vendor, and which may occur before the end of the term for withdrawing from the Agreement;
b. Subject of contractual obligations of which are non-prefabricated items, made to the Consumer’s specifications or made for the purpose of meeting the Consumer’s individual needs;
c the subject of which are items likely to deteriorate fast and expire rapidly;
d. the subject of which are products/items in sealed packaging which cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery;
e.the subject of which are products/items which, after delivery, due to their nature, are inseparably mixed with other items;
f. the subject of which are audio or video recordings or computer software delivered in sealed packaging, where the package has been opened after delivery;
g. for the supply of digital content which is not supplied on a tangible medium if the provision of the service has begun with the Consumer’s prior express consent before the end of the term for withdrawal from the Agreement and after they have been informed by the entrepreneur about the loss of the right to withdraw from the Agreement;
h. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
§ 5 Statutory Warranty and claim procedures
1. Pursuant to art. 558 § 1 of the Civil Code the Vendor completely excludes his liability to Clients for physical and legal defects (statutory warranty).
2. The Vendor is liable to the Client for defects under art. 556 of the Civil Code as well as pursuant to subsequent articles of the Civil Code (statutory warranty)
3. In case of Agreement with the Consumer, if the defect has been discovered within one year after the delivery of the item, it is assumed that it existed at the time the risk was passed on to the Consumer.
4. If the item purchased is defective, the Consumer can:
a. submit a statement demanding price reduction;
b. submit a withdrawal from the Agreement notice; unless the Vendor – promptly and without undue inconvenience to the Consumer – replaces the defective item with an item free of defects or removes the defect. However, if the item has already been replaced or repaired by the Vendor or the Vendor has failed to comply with the obligation to exchange the item for an item free of defects or to remove the defect, the Vendor shall not be entitled to exchange the item or to remove the defect.
5. The Consumer may, instead of the Vendor’s proposed removal of defect, demand a replacement of the item with the item free of defects, or instead of replacing the item – demand the removal of defect unless it is impossible to bring the item into conformity with the Agreement in the way selected by the Consumer or it would require excessive costs compared to the way proposed by the Vendor. However, when evaluating the excessive costs, there is taken into account the value of a defect-free item, the nature and significance of the determined defect, as well as the inconvenience that the Consumer would bear if the matter was dealt with otherwise.
6. The Consumer cannot withdraw from the Agreement if the defect is irrelevant.
7. If the item sold has a defect, the Consumer can also:
a.demand the defective item exchange for a defect-free item;
b. demand the removal of the defect.
8. The Vendor is obliged to exchange the defective item into an item free of defects or to remove the defect within a reasonable time without undue inconvenience to the Consumer.
9. The Vendor may refuse the Consumer’s claim if it is impossible to obtain the compliance of the defective item with the Agreement in the manner chosen by the Buyer, or it would require excessive costs in comparison to the other manner of obtaining the compliance with the Agreement.
10. In the event that the defective item has been assembled, the Consumer may demand the Vendor to dismantle and re-assemble it after it has been replaced with a defect-free item or after removal of the defect, however the Consumer is obliged to bear part of the costs associated with that, in excess of the price of the item sold or the Consumer may require the Vendor to pay part of the costs of dismantling and re-assembling, up to the price of the item sold. In the event that the Vendor fails to comply with this obligation, the Consumer may execute the above actions at the Vendor’s cost and risk.
11. The Consumer who exercises their statutory warranty rights is obliged, at the Vendor’s cost, to deliver the defective item to the Vendor’s address for claims, yet if owing to the item type or its assembling mode a delivery were excessively impeded, the Consumer is obliged to make the item available to the Vendor where the item is found. In case the Vendor fails to meet his obligation, the Consumer is entitled to return the item to the Vendor at his expense and risk.
12. Item replacement or repair costs are paid by the Vendor, except for the situation described in § 4 point 10.
13. The Vendor is obliged to accept the defective item from the Consumer in case of exchanging the item into the item free of defects or in case of withdrawing from the Agreement.
14. The Vendor shall, within 14 days, refer to:
a. the statement on price reduction;
b. the statement on withdrawal from the Agreement;
c. the demand for item replacement with an item defect-free;
d. the demand for removal of defect. Otherwise, it is assumed that the Buyer’s statement or demand have been deemed by the Vendor as justified.
15. The Vendor is liable to the Buyer under the statutory warranty if a physical defect is discovered within two years after the item delivery and, if the item sold is a used one – within one year after the item delivery to the Buyer.
16. The Consumer’s claim to remove the defect or to replace the item sold with an item defect-free is limited to one year from the date of the defect discovery, but not earlier than within two years after the delivery of the item to the Consumer, and, if the item sold is the used one – within one year after the item delivery to the Consumer.
17. In the event that the item expiration date set forth by the Vendor or the manufacturer ends after two years after the item delivery to the Consumer, the Vendor is liable under statutory warranty for the physical defects of the item discovered before the expiration of that period. 18. Within the deadlines set forth in § 5 points 15-17, the Consumer may submit a declaration of withdrawing from the Agreement or on the price reduction due to physical defect of the item sold, and if the Consumer demanded replacement of the item with the item free of defect, the period of time for the submission of a withdrawal notice or a price reduction begins with the ineffective expiry of the period to exchange the item or to remove the defect.
19. In case of pursuing one of the entitlements under the statutory warranty before the court or in arbitration, the time limit for exercising other rights vested in the Consumer in this respect is suspended until the final termination of the proceedings. It is also accordingly applied to the mediation proceedings, whereas the time limit for enforcing other rights granted to the Consumer under statutory warranty starts from the date the court denied to approve the settlement concluded before the mediator or the date the mediation has ineffectively ended.
20. Paragraph 5, points 15-16 apply to the enforcement of the rights under the statutory warranty for legal defects of the items sold, except that the period of time begins with the date on which the Consumer discovered the defect only as a result of the third party action – on the date on which the judgement issued in the dispute with the third party became valid.
21. If, as a result of the item defect, the Consumer has made a declaration of withdrawal or price reduction, the Consumer may demand compensation for the damage they suffered by contracting without knowing about the existence of a defect, even if the damage was a consequence of the circumstances for which the Vendor is not liable and, in particular, the Consumer can demand the reimbursement of contract costs, costs of item collection, transportation, storage and insurance of the item as well as the return of the expenditures to the extent that the Consumer did not benefit from them, and did not receive their refund from the third party as well as the reimbursement of the litigation costs. This does not prejudice the provisions in respect of the obligation to pay compensation under general terms.
22. The expiry of any time period to declare a defect does not exclude the exercise of statutory warranty rights, if the Vendor fraudulently concealed the defect.
1. The Vendor, Manirouge Polska limited liability company (spółka z ograniczoną odpowiedzialnością) with its registered seat in Gdańsk (80-377), Poland at 24 Gen. Bora-Komorowskiego Street, registered in the National Court Register by the District Court Gdańsk – Północ (Gdańsk – North), VII Commercial Department under National Court Register numer 0000653313, with a NIP (National Tax Identification) number: 583-322-39-33 and REGON (National Business Registry) number: 366108863. With the share capital of 5.000,00 PLN, is the Administrator of the databases of the personal data provided by the Consumers of the shop.
2. The Vendor undertakes to protect the personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002. The Buyer, when providing their personal data while submitting the order to the Vendor, agrees to the data being processed by the Vendor in order to fulfill the order placed. In order to implement the order, the Vendor can pass the personal data to other entities (in particular: electronical payment services, shipping agents) to the extent which is necessary to execute the contractual objectives. The Buyer can, at any time, view, correct, update or delete their personal data.
§ 7 Final provisions