Terms and Conditon
MM House Design is an e-shop available at mmhousedesign.pl (hereinafter: “Shop“), run by Gez-bud Grzegorz Skuza, entered into the Central Register and Information on Business Activity, with the principal place of business at ul. Lesna 54, 55-093 Kielczow, Poland having tax identification number (NIP): 8951136832 (hereinafter: “MM House Design“).
1.Customers may use the Shop by registering and, thus, creating an account which makes it possible to save and store Customer contact details for shipment of products and information on orders placed by the Customer (hereinafter: “Account“) or may use the Shop without creating an Account by filling out the ordering form with data necessary for the conclusion of a sale agreement with MM House Design. It is not required to create an Account to place an order with the Shop. An Account shall be created and may be used voluntarily and free of charge. Services shall be provided on the Account for an indefinite period of time. The Customer shall be entitled to terminate the agreement concluded with MM House Design for the Account at any time by filling out the form containing a declaration on the termination of the agreement. The foregoing shall not apply to a situation where MM House Design is processing the order placed by the Customer. In such case, the agreement shall be terminated upon the fulfilment of the order.
2. For a legal person and an organisational unit without legal personality, all their activities in the Shop may be performed only by a person authorised to perform them and to exercise all the rights and obligations of this entity as a Customer.
3. All the prices presented on the Shop’s web page are gross prices (including VAT) quoted in Polish zlotys or another currency. At Customer’s request, a VAT invoice shall be issued for each product sold. The VAT invoice may be delivered by email to the address provided by the Customer unless the Customer clearly indicates that the VAT invoice should be delivered in a traditional way. Prices presented in product descriptions on the Shop’s web pages are exclusive of shipping costs. Shipping costs are displayed on the Shop’s web page upon placing an order. The total order value comprises a product price and shipping costs.
4. To place an order with the Shop and conclude a sale agreement with MM House Design the Customer shall add a product to the cart (i.e. a feature made available to each Customer using the Shop, which allows him to buy one or several products, display their prices individually and in total, hereinafter: “Cart“). Afterwards, the Customer shall proceed to the ordering form. The Customer having an Account shall confirm data necessary to fulfil an order, saved on his Account. The Customer not having an Account shall fill out the ordering form with data necessary to conclude a sale agreement. In the next step the Customer shall choose one of the payment options referred to in Section 9 hereof. To conclude a sale agreement the Customer shall read the terms and conditions hereof and accept them by selecting a relevant checkbox. To send an order and place it with the Shop after performing the above activities, the Customer shall click Buy and pay. When ordering, until clicking “Buy and pay”, the Customer may change the amount of products in the Cart by adding them to or deleting them from the Cart.
5. The sale agreement shall be concluded upon the confirmation of accepting the order for processing by MM House Design. The confirmation of accepting the order for processing is an email sent to the address provided by the Customer. The sale agreement concluded between the Customer and MM House Design for a particular product shall be limited to the time of processing the order. The place of performance for the sale of product shall be the shipping address provided by the Customer.
6. If there are any differences in the time of delivery of particular products in one order placed with the Shop, MM House Design may decide to split the order into smaller consignments. In such case, the general shipping cost provided to the Customer upon placing the order shall not change, but shall be split into particular consignments. If a part of the order is cancelled, adjustments shall be made only to the shipping costs relating to the part of the order that has not been delivered or has been complained of.
7. The Customer shall pay the price for the product ordered from the Shop, including shipping costs, no later than upon conclusion of the agreement. The Shop offers the following payment options:
a) wire transfer,
b) online payment – a quick electronic transfer processed by:
PayPal – PayPal (Europe) S.à.r.l.& Cie, S.C.A. with its registered office in Luxembourg L-2449, 22-24 Boulevard;
c) payment by credit card
8. The product shall be delivered by specialised courier services all over the European Union. The Customer shall incur shipping costs defined in Appendix hereto “Shipping methods and costs“.
9. The time to receive ordered products shall each time include the time needed to process the order and make a delivery. Products available on the Shop’s web pages shall be shipped to the Customer within 5 business days from the conclusion of the sale agreement with MM House Design. The time of order fulfilment referred to in the previous sentence shall include the time of delivery by a courier service selected by the Customer.
10. MM House Design shall be held liable for product defects under applicable laws. In the case not being consumer sale, the provisions on warranty defined in the Civil Code shall be excluded.
11. Warranty claims can be made by sending an email to email@example.com or by writing to the following address: ul. Lesna 54, 55-093 Kielczow, Poland.
12. The Customer shall be entitled to demand a reduction in price or withdraw from the agreement unless MM House Design replaces the defective product with the one free from defects or remedy the defect. This restriction shall not apply if the product has already been replaced or repaired by MM House Design, or if MM House Design has failed to replace the product with the one free from defects or failed to remedy the defect.
13. MM House Design shall consider a warranty claim within 14 days from its receipt in the correct form. If MM house Design fails to reply to the Customer requests within 14 days, they shall be deemed well-founded. In each of the above cases, if the execution of the Customer request results in the delivery of a new or repaired product, the shipping costs shall be incurred by MM House Design. To return a product, the Customer shall provide its price in the packing list under “declared value” (or similar). This amount shall be a declared value of insurance.
14. Pursuant to applicable laws, a consumer shall be entitled to return an ordered product for any reason within 14 days from its receipt, subject to the fact that it shall be impossible to return products and services whose acquisition cannot be withdrawn from under applicable laws. The principles applicable to the withdrawal from the agreement, including a sample agreement withdrawal form which can be used by the Customer, as well as the cases in which it is impossible to withdraw from the agreement are specified in the notice enclosed hereto as Appendix. The provisions of this Section shall apply accordingly to the withdrawal from the agreement for the Account referred to in Sections 1 and 2 hereof.
15. Information presented on the Shop’s web pages is not an offer as defined in the Civil Code. By placing an order using mechanisms available on the Shop’s web page, the Customer makes an offer to buy a certain product under the terms and conditions presented in the product description.
18. In matters not regulated herein Polish laws shall apply.
19.Any disputes arising out of the services provided by MM House Design in the Shop shall be resolved by common courts of law. A Customer being a consumer shall have the possibility of having recourse to an out-of-court complaint and redress mechanism made available by the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspectorate in Warsaw. More information on obtaining access to the above dispute resolution mechanism and procedures is available at www.uokik.gov.pl.
APPENDIX- AGREEMENT WITHDRAWAL
You are entitled to withdraw from the agreement for any reason within 14 days from the receipt of the product. In such case, you will be refunded all the payments made to us.
To return the product, inform us about your decision by filling out the Agreement Withdrawal Form. If you wish to withdraw from the agreement, you need to return the product at your own cost. You can use the sample form provided below.
Please return the product to the following address: ul.Lesna 54, 55-093 Kielczow, Poland
The right to withdraw from the agreement does not apply to agreements:
for services provided in full with your express consent;
where the product price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur before the expiry of the withdrawal period;
for non prefabricated goods made to your specifications or serving your individual needs;
for goods which are liable to deteriorate or expire rapidly;
for sealed goods which are not suitable for return due to health protection or hygiene reasons, and were unsealed after delivery;
for goods by nature inseparably mixed with other items after delivery;
for alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by us;
for sealed audio or video recordings or computer software which have been unsealed after delivery;
where the supply of digital content which is not supplied on a tangible medium has begun with your prior express consent before the expiry of the time limit to withdraw from the agreement.
AGREEMENT WITHDRAWAL FORM
(this form shall be filled out and returned only if you wish to withdraw from the agreement)
Gez-Bud Grzegorz Skuza
ul. Lesna 54, 55-093 Kielczow, Poland
I, ……………………………………………………, hereby inform you about my intention to withdraw from the agreement for the sale of ……………………………………………………, order no. ……………………………………………………
This agreement was concluded on ……………………………………………………, while products were received on ……………………………………………………
First and last name: ………………………………………………………………
APPENDIX - SHIPPING METHODS AND COSTS
Orders placed with MM House Design Shop are shipped immediately, but no later than within 5 business days from the conclusion of the sale agreement with MM House Design. Deliveries are made by the following courier services:
DPD – DPD Polska Sp. z o.o. with its registered office in Warsaw (02-274), ul. Mineralna 15, National Court Register (KRS) no.: 0000028368, tax id no. (NIP): 5260204110;
Poczta Polska S.A.