ONLINE SHOP TERMS AND CONDITIONS
These terms and conditions (hereinafter ‘Terms and Conditions’) govern all purchases from the online shop operated by the Seller at the address www.mamaboo.pl
The Seller is MamaBoo Magdalena Kużbiel, address: ul. Złotych Piasków 24, 05-126 Stanisławów Pierwszy, tax ID NIP 9661402438, business reg. no. REGON 361855213, entered into Central Registration and Information on Business
The Seller can be contacted via:
- telephone on: +48 605 985 873, call costs – standard network charges apply,
- email at: firstname.lastname@example.org
- § 1 Definitions
The expressions used in the Terms and Conditions have the following meaning:
- Terms and Conditions – these Terms and Conditions. As far as services provided electronically are concerned, the Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text, Journal of Laws of 2013, item 1422, as amended).
- Client – a natural person, legal person or organisational entity without legal personality which places an Order in the Online Shop under these Terms and Conditions.
- Consumer – a Client being a natural person and using the Online Shop for the purposes not related directly to their business or professional activity (Article 221 of the Civil Code).
- Seller – the entity providing sales services through the Online Shop under these Terms and Conditions.
- Online Shop (Shop) – the website available at the address www.mamaboo.pl through which the Client places an Order and concludes a Sales Contract.
- Order – the Client’s declaration of will explicitly specifying the type and quantity of Goods and directly aiming to conclude the Sales Contract.
- ICT System – a set of cooperating IT devices and software making it possible to process and store as well as send and receive data through telecommunication networks with a user device appropriate for a given type of network.
- § 2 General Terms
- These Terms and Conditions govern the use of the Online Shop available at the address www.mamaboo.pl
- The Online Shop www.mamaboo.pl retails via the Internet.
- All Goods offered at www.mamaboo.pl are brand new, originally packed, free from physical and legal defects and have been released on the Polish market in accordance with the law.
- In order to use the Online Shop (and place Orders and conclude Sales Contracts) the Client should have an active email account and a device connected to the Internet.
- The Client shall not share any content of an illegal character, including any content violating personal rights and other protected rights of third parties, through the Online Shop.
- § 3 Order Placement
- The Client can place an Order in the Online Shop www.mamaboo.pl on condition that the Client reads and accepts these Terms and Conditions while the Order is being processed.
- All prices on www.mamaboo.pl web pages are gross prices in Polish zloty. The prices provided do not include delivery costs.
- The delivery costs will be included in the prices of Goods. The delivery method shall be chosen by the Client when placing an Order. The delivery costs are specified in § 4 of these Terms and Conditions.
- Orders are accepted via the website or telephone or email.
- Orders can be placed by the website or email twenty four hours a day, seven days a week and via telephone from Monday to Friday between the hours of 9 am – 6 pm.
- Any Order placed via the website or email shall be effective, if the Client correctly completes the Order form and gives correct contact data, including the exact address to which the Goods are to be delivered.
- When placing an Order the Client may express a wish to receive a VAT invoice. In that case the VAT invoice shall be included in the dispatched parcel.
- After the Client has placed an effective Order the Client shall receive a reply from the Shop confirming the receipt of the Order. This confirmation shall include at least the Seller’s data together with the Seller’s bank account number as well as information on the ordered Goods, method of communication with the Client for the time the Order is being processed, total price of Goods plus delivery costs, estimated delivery time (unless the Client chooses to personally collect the Goods at the Seller’s).
- The processing of the Order shall commence the moment the Seller’s bank account, being specified in the confirmation of the Order, is credited, in the case of money transfers directly to the Seller’s bank account, or the moment the Order is placed, in the case of online payments via PayU, operated by PayU SA, and PayPal, operated by PayPal (Europe) S.à.r.l. et Cie, S.C.A. It is possible to pay in cash when personally collecting Goods at the Seller’s.
- § 4 Dispatch Costs and Time
- The Goods shall be dispatched to the address indicated in the Order. The Shop shall immediately inform the Client about an incorrectly placed Order which makes the dispatch impossible or may delay it.
- The Goods shall be delivered by professional courier companies or by Poczta Polska SA. The Goods can also be personally collected at the Seller’s.
- The Goods shall be delivered by the deadline specified for each piece of Goods in the Online Shop. When the Goods are paid for by money transfer, the deadline indicated on the website shall be extended by the period necessary to post the transaction to the bank account of the Shop (being usually 1 or 2 working days).
- The Client shall bear the delivery (dispatch) costs as specified in the charges list when the Client has chosen a given delivery method. The delivery charges are available for the Client from this link: ‘Delivery charges’.
- § 5 Payments
- For each piece of Goods a receipt or VAT invoice shall be issued.
- The ordered Goods can be paid for:
- via PayU online payments system – payments supported by PayU SA , 60-166 Poznań, ul. Grunwaldzka 182, KRS 0000274399,or
- via PayPal online payments system or
- via PayLane online payments system – payments supported by PayLane Sp. z o.o., 80-387 Gdańsk ul. Arkońska 6/A3, KRS: 0000227278 or by money transfer to the bank account of the Shop:
MamaBoo Magdalena Kużbiel
mBank 89 1140 2004 0000 3202 7573 7362 or
- in cash in the case of personal collection at: Złotych Piasków 24, 05-126 Stanisławów Pierwszy.
- § 6 Contract Cancellation
- The Client being a Consumer may cancel the Sales Contract in writing without giving any reason within 14 days from the day the Client receives the Goods, in accordance with the Act of 30 May 2014 on Consumer Rights. To meet the above mentioned deadline a notice of cancellation shall be sent before the deadline expires.
- In order to make a notice of cancellation the Client may use the form available at www.mamaboo.pl. The Seller shall not provide for an option of making a notice of cancellation electronically. Immediately after the Seller has received the Consumer’s notice of Contract cancellation the Seller shall send confirmation that the Seller has received the notice of cancellation to the email address given by the Consumer.
- The Consumer shall return the Goods immediately and not later than within 14 days from the day the Consumer makes the notice of cancellation. The Consumer shall bear the direct costs of Goods return.
- The Seller shall return the payment made by the Consumer (including delivery costs) immediately and not later than within 14 days from the day the Seller receives the notice of cancellation, with the Seller having the right to refrain from returning the payment until the Seller receives the Goods back or the Consumer delivers a proof of mailing, depending on which occurs first.
- The Seller shall return the payment in the same way it was made by the Consumer.
- § 7 Complaint Procedure
- The Client can make complaints about any malfunctioning of the Online Shop directly to the Seller’s address or by the contact form on www.mamaboo.pl. The complaint should include the Client’s full name and address for correspondence as well as information on the malfunctioning together with its date of occurrence.
- The Client can exercise the rights under warranty for defects in Goods in accordance with the Civil Code.
- In the case a defect in Goods is found the Client shall have the right to make a complaint within 2 years from the day Goods are delivered and within 1 year from the day the defect in Goods is found. The Client can request to repair Goods, exchange them for Goods free from defects, reduce the price of Goods or cancel the Sales Contract in accordance with the procedure and principles laid out in the Civil Code. To exercise the warranty rights the Client should send Goods to the address: ul. Złotych Piasków 24, 05-126 Stanisławów Pierwszy, enclosing the proof of purchase and a detailed complaint.
- The Seller shall reply to the complaint immediately but not later than within 14 days from the day the complaint is received.
- § 8 Personal Data Protection
- Personal data shall be protected under the Act of 29 August 1997 on Personal Data Protection (consolidated text, Journal of Laws of 2014, item 1182, as amended) and other common provisions of law, including the Order of the Minister for Interior and Administration of 29 April 2004 on documenting personal data processing and technical and organisational conditions which should be met by IT devices and systems used for personal data processing (Journal of Laws no. 100, item 1024), so as to prevent access to these data for third parties.
- While placing an Order the Client consents to the Client’s personal data being saved in the database of the Seller’s Online Shop so that the data is processed in connection with the processing of the Order. The Client gives the personal data voluntarily but the Online Shop is unable to process the Order without the consent to personal data processing.
- The Client may have the data remembered by the ICT System so as to facilitate the process of placing any subsequent Order. For that purpose the Client should give a login and password necessary to obtain access to the Client’s account. The Client’s login is the email address given. The password is a sequence of characters set by the Client. The Client’s password is unknown to the Seller and the Client is responsible for keeping it secret and protecting it from any unauthorized access by third parties.
- The Client shall have the right to access the Client’s personal data, correct it and request to delete it.
- § 9 Final Terms
- Any disputes between the Client and the Seller shall be settled by competent courts pursuant to the Code of Civil Proceedings (consolidated text, Journal of Laws of 2014, item 101, as amended).
- To any matters not covered in these Terms and Conditions the provisions of the Polish law shall apply, including but not limited to the Act on Consumer Rights, Civil Code and the Act on Providing Services by Electronic Means.
- The Seller shall reserve the right to amend these Terms and Conditions. Any amendments to the Terms and Conditions shall be effective on the day specified by the Seller but not earlier than 14 days from the day the amended Terms and Conditions are published on www.mamaboo.pl. Any Orders placed before the day the amendments to the Terms and Conditions become effective shall be processed under the Terms and Conditions being effective on the day the Order is placed.
- The Terms and Conditions become effective on 30 September 2015.