Store Terms and Conditions MAMA_M
- Service – an online service provided by Store_MAMA_M connected to the Internet, facilitating the sale of Goods, promoting and presenting Goods available in Store_MAMA_M, allowing browsing of content on the Service, placing Orders, and entering into Agreements through the Online Store;
- Seller, also referred to as Store_MAMA_M – Marta Szczepaniak-Kowalska, conducting business under the name Marta Szczepaniak-Kowalska Mama M, registered in the Central Register and Information on Economic Activity of the Republic of Poland, ul. Pracka 11a, 05-504 Prace Duże, with tax identification number NIP 5742056760, which can be contacted by the Customer via email: firstname.lastname@example.org, phone: +48 509 563 632 (call charges according to the Customer’s operator’s tariff).
- Contact Form – a form available on the STORE_MAMA_M website enabling contact with the Seller and submitting inquiries regarding Goods;
- Order Form – an interactive form available on the STORE_MAMA_M website enabling the placement of an Order;
- Customer – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality that has legal capacity granted by law, using the Service;
- Consumer – a Customer who is a consumer within the meaning of Art. 221 of the Civil Code, i.e., a natural person with full legal capacity who performs a legal transaction with the Seller (i.e., enters into or intends to enter into an Agreement) not directly related to their business or professional activity;
- Cart – the Cart allows the Customer to view, save, and modify the Goods they are interested in before placing an Order;
- Newsletter – an electronic service enabling the automatic receipt of periodic email messages from the Seller containing information about the Goods offered by them, as well as promotions and news;
- Terms and Conditions – these terms and conditions of the Online Store;
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
- Online Store – the online store Store_MAMA_M available at the domain https://mamamjournal.com/sklep/, enabling the placement of Orders and entering into Agreements with Store_MAMA_M;
- Payment Operator – PayPro SA (PayPro) – an entity providing a Service to Users, with its registered office in Poznań, at ul. Kanclerska 15 (60-327), entered into the entrepreneurs’ register of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, VIII Economic Department of the National Court Register under the KRS number 0000347935, tax identification number NIP 7792369887;
- Goods – movable property available in the Online Store, being the subject of a Sales Agreement between the Customer and Store_MAMA_M;
- Agreement – a sales agreement concluded or concluded at a distance between the Customer and Store_MAMA_M through the Online Store, the subject of which is the purchase of Goods by the Customer on the terms provided in these Terms and Conditions;
- Electronic Service – a service provided at a distance without the simultaneous presence of the parties by Store_MAMA_M to the Buyer through the Online Store;
- Consumer Rights Act – the Act of 30 March 2014 on Consumer Rights;
- Order – the Customer’s declaration of intent submitted using the Order Form, aimed directly at entering into an Agreement with Store_MAMA_M through the Online Store.
- These Terms and Conditions specify the rules for using the Online Store and the rights and obligations of the Customer and Store_MAMA_M.
- The Customer is obliged to comply with these Terms and Conditions when using the Online Store.
- By using the Online Store, the Customer confirms that they have read and understood these Terms and Conditions and agrees to be bound by them.
- The Online Store operates in accordance with the applicable laws of the Republic of Poland.
- The Seller reserves the right to amend these Terms and Conditions for important reasons, such as changes in the law, changes in payment and delivery methods, or changes in the scope of services provided through the Online Store. Any amendments to the Terms and Conditions will be communicated to the Customer at least 14 days before they come into effect. In the event that the Customer does not accept the amended Terms and Conditions, they should notify the Seller, which may result in the termination of the Agreement.
- The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer that cannot be excluded or limited under applicable law.
- The Online Store allows Customers to place Orders 24 hours a day, 7 days a week.
- Placing an Order requires the Customer to complete the Order Form provided on the Online Store’s website.
- In the Order Form, the Customer provides the necessary information, including their name, delivery address, and contact details.
- After completing the Order Form, the Customer submits the Order by clicking the “Place Order” button. This action constitutes a declaration of intent to enter into an Agreement with Store_MAMA_M in accordance with the terms specified in the Order and these Terms and Conditions.
- By placing an Order, the Customer confirms that they have read and accepted these Terms and Conditions.
- After placing an Order, the Customer will receive an automatic email confirmation from the Online Store acknowledging the receipt of the Order. However, this email does not constitute acceptance of the Order by Store_MAMA_M.
- The Agreement is considered concluded when the Customer receives a separate email from Store_MAMA_M confirming the acceptance of the Order and providing information about the ordered Goods, the total price, and the expected delivery time.
- In the event that the ordered Goods are not available, Store_MAMA_M will inform the Customer promptly and may offer a substitute product or cancel the Order.
- Store_MAMA_M reserves the right to refuse to process an Order if there are reasonable grounds to suspect that the Customer has breached these Terms and Conditions or intends to use the Goods for illegal purposes.
- The Customer has the right to cancel or modify the Order before receiving the email confirmation of acceptance from Store_MAMA_M. To cancel or modify an Order, the Customer should contact Store_MAMA_M using the contact details provided in these Terms and Conditions.
Prices and Payments
- The prices of Goods displayed on the Online Store’s website are in Polish zloty (PLN) and include VAT.
- The final price of the Goods, including any additional charges (such as shipping costs), will be specified in the Order confirmation email sent to the Customer by Store_MAMA_M.
- The Customer can choose from the available payment methods specified on the Online Store’s website. The available payment methods may vary depending on the Customer’s location.
- Payments for Orders placed through the Online Store are processed by the Payment Operator. Store_MAMA_M does not have access to the Customer’s payment card details or other sensitive payment information.
- The Customer is responsible for providing accurate and up-to-date payment information. In the event of any payment-related issues, the Customer should contact the Payment Operator directly.
- Store_MAMA_M reserves the right to change the prices of Goods at any time without prior notice. However, any price changes will not affect Orders already placed and confirmed by Store_MAMA_M.
- In the event of a pricing error on the Online Store’s website, including incorrect prices or information about discounts, Store_MAMA_M reserves the right to cancel the Order and notify the Customer of the error. The Customer will have the option to place a new Order with the correct price or cancel the Order altogether.
- The Customer agrees to pay the total amount specified in the Order confirmation email. Payment should be made within the time frame specified by the chosen payment method.
- If the Customer fails to make payment within the specified time frame, Store_MAMA_M reserves the right to cancel the Order.
- Store_MAMA_M takes reasonable measures to ensure the security of online payments. However, Store_MAMA_M is not responsible for any damages or losses incurred as a result of unauthorized access to the Customer’s payment information or any other payment-related issues.
- The customer has the right to file a complaint if the ordered Goods are non-compliant with the Agreement or have physical defects. In the complaint notification, the customer describes the defect of the Goods and indicates whether they demand the defect to be rectified, replacement with a defect-free item, a price reduction, or withdrawal from the agreement.
- Complaints can be submitted to the email address: email@example.com.
- Within 14 days from the date of submitting the complaint, Store_MAMA_M will respond to the complaint and inform the customer via email.
- The customer cannot withdraw from the Agreement or demand a price reduction if Store_MAMA_M promptly, but no later than within 14 days, replaces the defective Goods with defect-free items or rectifies the defects. This limitation will not apply if the Goods have already been repaired or replaced by Store_MAMA_M, unless the defects of the Goods are insignificant.
- The customer, who is a consumer, has the following possibilities, among others, to use out-of-court complaint resolution methods and pursue claims:
- Submission, in accordance with Article 36 of the Act of December 15, 2000, on Commercial Inspection, to the Provincial Inspector of Commercial Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute;
- Contacting the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection, where free assistance can be obtained in resolving the dispute;
- Submission, in accordance with Article 37 of the Act of December 15, 2000, on Commercial Inspection, with a request for dispute resolution.
- Detailed information regarding the consumer’s options to use out-of-court complaint resolution methods and pursue claims, as well as the rules for accessing these procedures, are available at the premises and on the websites of the Provincial Inspectorates of Commercial Inspection, district (city) consumer ombudsmen, and social organizations responsible for consumer protection.
Right of withdrawal
- The customer, being a consumer, has the right to withdraw from the Agreement based on the Act of May 30, 2014, on Consumer Rights, without stating a reason, within 14 days from the day of receiving the Goods.
- In order to exercise the right of withdrawal, the consumer must submit a withdrawal statement before the expiry of the deadline and send it in writing to the registered office address of Sklep_MAMA_M together with the returned Goods or to the email address: firstname.lastname@example.org. The withdrawal statement provided by Sklep_MAMA_M is a sample and non-binding, and the consumer may use any declaration at their disposal.
- In the event of a successful withdrawal from the Agreement, the Agreement is considered null and void, and the consumer is obliged to return the Goods covered by the Agreement in an unchanged condition.
- The return of the Goods should take place immediately along with the statement. However, if the consumer sent the statement to the email address of Sklep_MAMA_M, it should be done no later than 7 days from the day of withdrawal from the Agreement. T
- he consumer is obliged to secure the returned Goods in a manner that ensures the absence of damage to the package during transportation.
- The right of withdrawal does not apply to the consumer in cases specified in the Act on Consumer Rights, namely, in particular, in the case of an Agreement concerning Goods that are perishable or have a short shelf life, or in the case of Goods delivered in a sealed package that cannot be returned once opened due to health protection or hygiene reasons, if the packaging was opened after delivery.
- Sklep_MAMA_M will refund the consumer all payments made, including the cost of delivering the Goods, within 14 days from the date of receiving the returned Goods, subject to additional costs resulting from the consumer’s chosen method of delivery other than the cheapest, regular method offered by Sklep_MAMA_M.
- The refund will be made using the same payment method chosen by the consumer during the Order placement, unless agreed otherwise by the parties.
Personal data protection
- Sklep_MAMA_M is the data controller of the customer’s personal data. T
- he use of the service requires the processing of the following customer’s personal data: full name, residential address, telephone number, email address. Sklep_MAMA_M is the data controller in accordance with Article 4 of the GDPR.
- Customer’s personal data is processed in accordance with the law, including the GDPR and the Act of July 18, 2002, on the provision of electronic services. Providing personal data by the customer is voluntary, serves the purpose of concluding the Agreement, and is a contractual obligation. Failure to provide personal data will prevent the execution of the Agreement.
- Transaction data, including customer’s personal data, may be transferred to entities authorized to receive such data under applicable laws, including competent judicial authorities, as well as entities performing activities on behalf of Sklep_MAMA_M related to service provision, only to the necessary extent, including entities providing hosting services and payment intermediation services. The customer has the right to access and correct their data. Providing data is voluntary and necessary for using Sklep_MAMA_M services and fulfilling the Agreement.
- During the browsing of Sklep_MAMA_M’s websites, “cookies” files are used. The user can block the generation of “cookies” files at any time by changing the configuration in their web browser. If the user disables the ability to save “cookies” files, the use of the online store website may be difficult.
- Customers have the right to access their personal data, correct them, delete them, restrict their processing, and transfer them. They also have the right to object to the processing of data, file a complaint with the supervisory authority – the President of the Office for Personal Data Protection, and withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
- To exercise the above rights, please contact the data controller by sending a message to the email address: email@example.com.
- Sklep_MAMA_M reserves the right to amend the Terms and Conditions. The amended Terms and Conditions shall come into effect no later than 7 days from the date of announcement of the changes on the Sklep_MAMA_M website.
- Matters not regulated in these Terms and Conditions shall be governed by the provisions of Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, the General Data Protection Regulation, and other applicable provisions of universally binding law.
- Any disputes between the parties to the Agreement shall be settled by the court having jurisdiction over the registered office of Sklep_MAMA_M.
- These Terms and Conditions shall enter into force on August 11, 2022.