Rules and regulations
of the Online Shop
In effect since the ninth day of January 2016
A contract between the Buyer and the Seller can be concluded in two manners.
Prior to placing an order, the Buyer has the right to negotiate with the Seller all the contractual provisions, including those changing the rules and regulations. The Buyer negotiates in writing sending inquiries at the Seller’s address (Meriell Club – Roman Górski, ul. Klarnecistów 9, 02-875 Warszawa).
Should the Buyer waive the right to conclude the contract in the course of individual negotiations, the following rules and regulations and relevant provisions of law shall apply.
RULES AND REGULATIONS
- Section 1, Definitions
- Postal address – person’s name and surname or business name, location (if a town/ city is divided into streets: name of the street, number of the building, number of the flat or office; if a town/ city is not divided into streets: name of the town/ city and property number), postal code and name of a town/ city.
- Address for complaints
Meriell Club – Roman Górski
ul. Klarnecistów 9
02-875 Warsaw, Poland
Pricelist for deliveries – available at the following address: http://meriellclub.com/page/delivery, a list of available methods of delivery and their costs.
- Contact details:
MeriellClub – Roman Górski
ul. Klarnecistów 9
02-875 Warsaw, Poland
email address: firstname.lastname@example.org
phone number: +48 22 641 54 15, +48 607535150
- Delivery – a type of delivery service, carrier and cost specified in the pricelist for deliveries available at the following address: http://meriellclub.com/page/delivery
- Proof of purchase – an invoice, bill or receipt issued in accordance with the provisions of the Act on the Value Added Tax of 11 March 2004 as amended and other relevant provisions of law.
- Product Data Sheet – a subsite of the shop including information on a particular product.
- Customer – a natural person of age having a full capacity to perform acts in law, a legal person or an organisational unit with no legal personality but with a capacity to perform acts in law which makes in the Seller’s shop a purchase directly related to its business or professional activity.
- The Civil Code – the Civil Code of 23 April 1964 as amended.
- The Code of Good Practices – a body of rules of conduct, in particular ethical and professional norms referred to in Article 2 Point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
- Consumer – a natural person of age with a full capacity to perform acts in law who purchases from the Seller a product which is not directly related to their business or professional activity.
- Basket – a list of products composed of the products available in the shop and based on the choices made by the Buyer.
- Buyer – both the Consumer and the Client
- Place of delivery – a postal address or a collection point specified by the Buyer when placing an order.
- Date of delivery – a day on which the Buyer or a third party specified by them takes possession of an item.
- Payment – a method of payment for the subject matter of a contract and delivery specified at the following address: http://meriellclub.com/page/payment-methods
- The Consumer Law Act – the Act on Consumer’s Rights of 30 May 2014.
- Product – the smallest and indivisible number of items which can constitute a subject of the order and is given as a unit of measurement by the Seller determining its price.
- Subject matter of the contract – products and delivery constituting a subject matter of the contract.
- Subject of the performance – a subject matter of the contract
- Collection point – an item delivery point different from the postal address listed by the Seller on the website.
- Item – a movable item which can constitute or constitutes a subject matter of the contract.
- Shop – a website available at the following address: sklep.meriellclub.pl via which the Buyer can place an order.
- The Seller:
Meriell Club – Roman Górski
ul. Klarnecistów 9
02-875 Warsaw, Poland
Tax Identification Number: NIP 9511491713, Statistical Number: REGON 002035238, Number in the Register run by the Inspector General for the Protection of Personal Data: GIODO 123456
registered and recorded in the Central Registration and Information on Business under the following address: https://prod.ceidg.gov.pl/ceid……
BANK ACCOUNT NUMBER CiTi Bank Handlowy S.A.:
43 1030 1582 0000 0008 5112 1013
- System – a system of cooperating IT devices and software which is used to process, store, send and receive data via telecommunications networks by means of a device suited to a particular type of network, commonly referred to as the Internet
- Order delivery date – a number of hours or workdays given on the Product Data Sheet
- Contract – a contract concluded outside the company’s office or a distance contract concluded by the Consumer in accordance with the provisions of the Act on Consumer’s Rights of 30 May 2014 and a contract of sale concluded by the Seller in accordance with the provisions of the Civil Code of 23 April 1964
- Defect – a defect in the product and a legal defect
- Defect in the product – nonconformity of a sold item with the contract, especially if the item:
- lacks qualities which an item of that type should possess in view of its purpose designated in the contract or resulting from circumstances or its intended use;
- lacks qualities of which the Seller assured the Consumer;
- is not suitable for the purpose about which the Seller notified the Consumer when concluding a contract, and the Seller did not make any stipulation as to it;
- was delivered to the Consumer incomplete;
- in the event of improper installation or launching, if these were performed by the Seller or a third party for whom the Seller is liable, or by the Consumer who performed them following the instruction manuals provided by the Seller;
- lacks qualities existence of which was assured by the manufacturer or their representative, or another entity which introduces an item to trade within its business activity or names itself a manufacturer by placing on a sold item its business name, trade mark or another distinctive designation, unless the Seller was not aware of such assurances or reasonably could not be aware of them, or if these assurances could not have any effect on Consumer’s decision to conclude a contract, or if they have been corrected prior to the conclusion of a contract.
- Legal defect – a situation in which a sold item is owned by a third party or is encumbered with third party’s rights, or if usage or disposing of an item has been limited by a decision or ruling of a competent authority.
- Order – a declaration of will made by the Consumer via the shop which clearly specifies the following: a type and number of products, delivery method, payment method, place of delivery, Buyer’s personal data submitted by them in order to conclude a contract between the Buyer and the Seller.
- Section 2, General terms and provisions
- The contract is concluded in the Polish language, in accordance with the provisions of Polish law and provisions hereof.
- The place of delivery shall be located within the territory of the Republic of Poland.
- The Seller is obliged and obliges to render services and deliver items free of defects.
- All prices given by the Seller are expressed in the Euro currency and are gross prices, i.e. they include the value added tax. Prices of the products do not include costs of delivery specified in the pricelist for deliveries.
- The following methods of payment are accepted: payment by credit card (Mastercard, VISA), a money transfer or cash payment upon delivery. If an order has been placed by telephone, the accepted methods of payment are payment upon delivery and a money transfer.
- All time limits are determined in accordance with the provisions of Article 111 of the Civil Code. A time limit which is expressed in days expires as of the last day. In the event of a time limit expressed in days the beginning of which is determined by a particular event, the day on which the event takes place is not included in the time limit.
- Promotions do not accumulate, unless the rules and regulations provide for otherwise.
- All relevant provisions of the Contract are confirmed, made available, fixed and secured in order to render them accessible later in the following manner:
- acknowledgment of an order by sending to an indicated email address the following: an order, a pro-forma invoice, information on the right to rescind a contract, rules and regulations in pdf version, a form specimen of recession of a contract in pdf version, links from which rules and regulations as well as a form specimen of recession of a contract can be downloaded;
- attaching to the completed order sent to an indicated place of delivery printed proof of purchase, information on the right to rescind a contract, rules and regulations and form specimen of recession of a contract.
- The Seller provides information on all known to them guarantees given by third parties to products offered by the shop.
- The Seller does not charge any fees for contacting them via means of distance communication, and the Buyer bears the costs of such a form of communication in the amount resulting from the contract which they concluded with a third party rendering to them a specific service enabling them distance communication.
- The Seller ensures to the Buyer using the system proper functioning of the shop in the following search engines: IE version 7 or a newer one, FireFox version 3 or a newer one, Opera version 9 or a newer one, Chrome version 10 or a newer one, Safari with the newest versions of JAVA and FLASH installed, on screens of resolution bigger than 1024 pics. Use of the software affecting the functioning and functionality of the following search engines: Internet Explorer, FireFox, Opera, Chrome or Safari, can distort the proper display of the shop. To enjoy full functionality of the shop meriellclub.com, the software like that should be switched off.
- The Buyer can have their data saved in the shop, which will facilitate the process of placing another order. To make use of this option, the Buyer should give a login and password necessary to be able to access their account. Both the login and password are a sequence of symbols determined by the Buyer who is obliged to keep them confidential and protect from unauthorised access of third parties. The Buyer can access, correct, update or delete their account in the shop at any time.
- The Seller observes the Code of Good Practices.
- The Buyer is obliged:
- not to provide and transfer unlawful contents, e.g. contents promoting violence, slandering third parties or violating their legally protected interests or other rights,
- to use the shop in a manner which does not disrupt its operating, in particular by using appropriate software and hardware,
- to refrain from actions such as sending or posting via the shop trade information which has not been ordered (spam),
- to use the shop in a manner which does not cause inconvenience to other Buyers or the Seller,
- to make use of all the contents posted on the shop’s website for personal purposes only,
- to use the shop in accordance with the provisions of law applicable within the territory of the Republic of Poland, provisions hereof and general ethical norms.
- Section 3, Conclusion of the contract and its execution
- Orders can be placed 24 hours a day.
- Orders can be placed on the Website or by telephone at the following number +48 607 53 51 50 or +48 22 641 54 15. The telephone number can be called from Monday to Friday from 9 am to 6 pm. In the event of Orders placed by telephone, all provisions hereof apply, unless the rules and regulations provide for otherwise.
- To place an order in the Shop, the Buyer should take at least the following steps, some of which can be taken more than once:
- add a product to the basket;
- choose a method of delivery;
- choose a method of payment;
- choose the place of delivery;
- place an order in the shop by clicking “Order and pay”.
- The contract is concluded with the Consumer upon placing an order.
- The Consumer’s order payable by delivery is processed immediately after its placement, whereas an order payable by a money transfer or via an electronic payment system after the Seller’s account has been credited with an appropriate amount of money paid by the Consumer, which usually takes place within 14 days of placing an order, unless the Consumer was unable to render the performance by no fault of theirs and has notified the Seller about this fact.
- The Seller concludes a contract with the Client upon acceptance and confirmation of an order, which the Client is notified about within 48 hours of placing an order.
- A Client’s order payable upon delivery is processed immediately after the conclusion of a contract, and an order payable by a money transfer or via an electronic payment system upon the conclusion of a contract and after the Seller’s account has been credited with an appropriate amount of money paid by the Consumer.
- Processing of a Client’s order can be made reliant upon their making a payment in full or in part or being granted a book credit in the amount at least equal to the value of an order or Seller’s consent to dispatch an order payable upon delivery.
- The subject matter of the contract is dispatched within a time limit specified on the Product Data Sheet, and in the event of orders composed of several products within the longest time limit specified on Data Sheets of separate products. The time limit runs from placement of an order.
- A purchased subject matter of the contract is delivered to the Buyer together with a chosen proof of sales and attachments specified in Section 2 Point 6b hereinabove in the manner chosen by them and to the place of delivery indicated in the order.
- The Buyer is obliged to provide safe collection of the Product without unnecessary delay and in a reasonable period of time.
- Should the delivery or collection be delayed due to Buyer’s unreasonable refusal to accept the delivery or should the Buyer not accept the delivery or collect the Product from a carrier (within two weeks of the first attempt to deliver the Product), the Seller is entitled to take one or both of the following actions (without detriment to Buyer’s other rights and legal remedies to which the Buyer is entitled):
- charge a reasonable fee for storage of the Product or other reasonable costs borne by the Seller to the Buyer, or
- make the Product unavailable for further delivery or collection and notify the Buyer of recession of a contract with an immediate effect, in which case the money paid by the Buyer pursuant to the provisions of the Contract will be refunded to them or an acquirer in the amount reduced by reasonable administrative expenses borne by the Seller, including the expenses related to the attempt of delivery of the Product and its return as well as all fees for storage specified in Point 12(a) hereinabove.
- Section 4, Product replacement
- The Consumer can have a product replaced with a new one within 14 calendar days of the day of product delivery.
- A replacement declaration should be made on a special replacement form and attached to the box with the replaced product. The form is available at the following address: http://meriellclub.com/page/return-exchange-form
- The replaced product should be sent back in a cardboard box, for instance in the one in which the Consumer received it.
- The product must be sent back complete and unaltered, with all the labels and the proof of purchase (a receipt).
- All Delivery costs related to the replacement of an ordered Product are borne by the Consumer (including the costs of sending the Product back to the Seller as well as those of dispatch of a new Product).
- The amount of the exchanged products cannot be bigger than two items, i.e. if the Consumer has ordered three swimsuits, one of them cannot be replaced.
- The Consumer has no right to replace a Product which was produced specifically for the purpose of satisfying their individual needs, especially if there have been any changes made to the cut, fit or choice of a standard colour/ print, etc.
- Section 5, Right to rescind a contract
- Pursuant to the provisions of Article 27 of the Consumer Law Act, the Consumer has a right to rescind a distance contract without giving the cause and incurring any costs, except for the costs specified in Article 33 of the Consumer Law Act.
- The Consumer has a right to rescind a distance contract within 14 days of product delivery. To meet the time limit, the Consumer has to send a declaration before its expiry.
- A declaration on recession of a contract is made in writing on a form which constitutes Schedule 2 to the Consumer Law Act available at the following address:http://meriellclub.com/page/return-exchange-form or in another form consistent with the provisions of the Consumer Law Act.
- In the event of an order consisting of more than one item, should the Consumer return only a part thereof, the Seller refunds to the Consumer the amount of money paid for the returned item excluding delivery costs.
- For hygienic reasons, the maximum number of returned Products cannot exceed two items, i.e. if the Consumer has ordered three swimsuits, one of them cannot be returned.
- The Seller confirms to the Consumer the receipt of a declaration on recession of a contract via email (to the address given when concluding a contract or to another one, is such has been indicated in the declaration) without unnecessary delay.
- In the event of recession of a contract, the contract is deemed to have never been conclude.
- The Consumer is obliged to return an item to the Seller immediately, however not later than within 7 days of the date of recession of a contract. To meet the time limit, the Consumer has to send an item back before its expiry.
- The Consumer sends back items constituting the subject matter of the contract which they have rescinded at their own cost and risk.
- From the date of taking possession of Products, the Consumer is obliged to store and handle with them in a proper manner. The product must be returned complete and unaltered, unless alterations were necessary within the scope of ordinary management. The returned Product should be unused, free from any scent, clean and have all the labels attached and above all be packed in a manner preventing it from being damaged in transport. Products sent back in envelopes are not accepted. A Product should be sent back in a cardboard box together with a receipt (proof of purchase).
- The Consumer is liable for diminishing the value of an item constituting the subject matter of the contract on account of using it in a manner which was not necessary to verify its nature, qualities and functions.
- The Seller refunds to the Consumer all payments made by them, including delivery costs, without unnecessary delay and not later than within 14 days of receipt of a declaration on recession of a contract made by the Consumer. If the Consumer has chosen a delivery method other than the cheapest one ordinarily offered by the Seller, the Seller will not refund additional costs to the Consumer pursuant to Article 33 of the Consumer Law Act.
- The Seller refunds the money using the same method of payment as the one used by the Consumer, unless the Consumer expressly consent to another method of payment which does not involve bearing any costs by them.
- The Seller can withhold refund of the money paid by the Consumer until they receive from the Consumer an item itself or a proof of sending the item back, depending on which event occurs first.
- The Consumer in not entitled to rescind a contract if the product which is the subject matter of the contract has been produced according to Consumer’s specifications, especially if there have been any changes made to the cut, fit or choice of a standard colour/ print, etc.
- Pursuant to Article 38 of the Consumer Law Act, the Consumer is not entitled to rescind a contract if:
- if the subject of the performance is a non-prefabricated item produced according to Consumer’s specifications and for the purpose of satisfying their individual needs;
- if the subject of the performance is an item delivered in a sealed package which cannot be replaced after opening for health protection or hygienic reasons and if the package was opened upon delivery.
- Section 6, Warranty
- Pursuant to Article 558 Section 1 of the Civil Code, the Seller fully exempts liability for defects in product and legal defects towards Clients (warranty).
- The Seller bears liability for defects towards the Consumer pursuant to the provisions of Article 556 of the Civil Code and seq. (warranty).
- If a defect in product has been discovered prior to the lapse of one year from the date of product delivery, it is deemed to exist from the moment the risk is transferred to the Consumer.
- If a sold item has a defect, the Consumer can:
- make a statement in which they demand the Seller to lower the price;
- make a declaration on recession of a contract;
unless the Seller replaces the defective item with an item free of defects or removes the defect without unnecessary delay and excessive inconveniences to the Consumer. If the item has already been replaced or repaired by the Seller or the Seller has not fulfilled their obligation to replace the item with an item free of charge or remove a defect, the Consumer is not entitled to have an item replaced or a defect removed.
- Instead of having a defect removed, the Consumer can demand replacement for an item free of defects or instead of having a defect removed they can demand removal of a defect, unless making the item consistent with the provisions of the contract in the manner chosen by the Consumer is impossible or if it would require incurring excessive expenses compared to the manner suggested by the Seller. Estimating the possible excessiveness of expenses, the Seller takes into account the value of an item free of defects, type and importance of the noted defect as well as inconveniences that another manner of satisfying Consumer’s demands would cause to them.
- The Consumer cannot rescind a contract if a defect is irrelevant.
- If a sold item has a defect, the Consumer can:
- demand to have it replaced with an item free of defects;
- demand to have the defect removed.
- The Seller is obliged to replace a defective item with an item free of defects or remove the defect within a reasonable period of time without causing excessive inconveniences to the Consumer.
- The Seller has a right to refuse to satisfy Consumer’s demands if making the item consistent with the provisions of the contract in the manner chosen by the Consumer is impossible or if it would require incurring excessive expenses compared to the other manner of making the item consistent with the provisions of the contract.
- The Consumer who exercises their rights resulting from the warranty is obliged to deliver a defective product to the address for complaints specified hereinabove.
- In the event of replacement of an item for an item free of defects or recession of a contract, the Seller is obliged to accept the defective item from the Consumer.
- The Seller takes a stance towards:
- a statement in which the Consumer demands them to lower the price;
- Consumer’s declaration on recession of a contract;
- Consumer’s demand to have an item replaced with an item free of defects;
- Consumer’s demand to have a defect removed
within 14 days. Otherwise, the Seller is deemed to have accepted Consumer’s statement, declaration or demand as reasonable.
- The Seller does not bear liability under warranty if a defect in product is noted prior to the lapse of two years from the moment of delivery of an item to the Consumer, and if the subject of sales was a used item prior to the lapse of one year from the moment of delivery of an item to the Consumer.
- Consumer’s claim for removal of a defect or replacement of a sold item for an item free of defects is barred after one year counting from the date on which a defect was noted, however not earlier than prior to the lapse of two years from the moment of delivery of an item to the Consumer, and if the subject of sales was a used item prior to the lapse of one year from the moment of delivery of an item to the Consumer.
- The Consumer can make a declaration on recession of a contract or demand the price to be lowered on account of a defect in a sold item within time limits specified in Section 5 Points 15 to 17 hereinabove. If the Consumer demanded removal of a defect or replacement of an item for an item free of defects, the time limit for making a declaration on recession of a contract or demanding the price to be lowered runs from an ineffective expiry of the time limit for replacement of an item or removal of a defect.
- If the Consumer seeks to exercise one of their rights resulting from a warranty by means of court proceedings or proceedings before an arbitration court, the time limit for exercise of their other rights resulting from a warranty is suspended until a final and binding decision is entered by the court. This also applies to mediation procedure, however the time limit for exercise of Consumer’s other rights resulting from a warranty runs from the date of court refusal to accept a settlement concluded before a mediator or of ineffective conclusion of mediation procedure.
- Provisions of Section 5 Points 15 to 16 hereinabove apply to exercise of rights resulting from a warranty for legal defects of a sold item. The time limit runs from the date on which the Consumer learnt about the defect, and if the Consumer learnt about the defect as a result of proceedings brought by a third party from the date on which a decision entered in the proceedings became final and binding.
- If on account of a defect in an item the Consumer made a declaration on recession of a contract or demanded the price to be lowered, they can demand a repair of the damage sustained due to conclusion of a contract being unaware of the defect, even if the defect was a result of circumstances beyond Seller’s liability. The Consumer can demand in particular reimbursement of costs of contract conclusion, costs of collection, transport, storage and insurance of an item and reimbursement of incurred expenses to the extent in which they did not benefit from them or which were not reimbursed to them by a party, and reimbursement of proceedings costs. This does not prejudice an obligation to repair damage on general terms.
- The expiry of any time limit for a defect to be noted does not preclude exercise of rights resulting from the warranty if the Seller concealed a defect deceitfully.
- Should the Seller be obliged to render a performance or financial performance to the benefit of the Consumer, they will render it without unnecessary delay, not later than within a time limit provided for by the law.
- The Seller administers the base of data submitted by the Consumers of the shop.
- The Seller obliges to protect personal data in accordance with the provisions of the Act on Personal Data Protection of 29 August 1997 and of the Act on Rendering Electronic Services of 18 July 2002. Placing an order and giving their personal data, the Buyer expresses a consent to have them processed by the Seller for the purpose of processing the order. The Seller can access, correct, update or delete their personal data at any time.
- The Buyer also expresses a consent to have trade information on services rendered by the Seller sent at the email address given when placing an order in accordance with the provisions of the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws Number 144, Item 1204 as amended).
- Section 8, Final provisions
- None of the provisions hereof aims to violate the Buyer’s rights. It must not also be interpreted as such, since should any part hereof be against the applicable law, the Seller declares to fully comply with that law and apply it in the place of the questioned provisions hereof.
- Registered Buyers are notified about any changes hereto and their scope via email (at the address given when registering or placing an order).The notification is sent at least 30 days before new rules and regulations come into force. Changes are introduced in order to make the rules and regulations consistent with the current provisions of law.
- The current version of the rules and regulations is always available for the Buyer in the tab “Rules and regulations” (http://meriellclub.com/page/terms-and-conditions). The rules and regulations accepted by the Buyer when placing an order are binding for them during order processing and within the after-sales service, unless the Consumer finds the accepted rules and regulations less beneficial than the current ones and notifies the Seller that they wish the current rules and regulations to be binding for them.
- In the matters not regulated hereinunder relevant provisions of law apply. Should the Consumer declare such a will, all disputes are settled by means of mediation before Voivodeship Inspectorates of Trade Inspection or in proceedings before an arbitration court attached to the Voivodeship Inspectorate of Trade Inspection. The Consumer can also make use of equivalent and lawful methods of dispute settlement in and out of court, for instance via the European online platform ODR available at the following address: http://ec.europa.eu/ consumer/odr/. Disputes may eventually be resolved by a court of proper local and subject matter jurisdiction.
Version 13.1 (Warsaw, 9 January 2016)