Regulations of the online store www.mamapotrafi.com
The Regulations define the rules of sale via the online store operated using the website www.mamapotrafi.com and the rules for the implementation of services using the above-mentioned contracts
The store is run by:
Damira Sp. Z o. o.
65-120 Zielona Góra
For the purposes of the application used in it, include:
1. Online store, store - the operator operated via the website www.mamapotrafi.com
2. Seller - means Damira Sp z o.o.
3. Customer - individual physical, legal or organizational person without personalities using the online store,
4. Regulations - will present regulations,
5. Consumer - a natural person using the store for purposes unrelated to his business or professional activity,
6. Goods, assortment - items available as part of the store,
§3 Rules for using the store
1. Consumers making purchases within the store with saved laws of 30.05.2014 on consumer rights (Journal of Laws of 24.06.2014). Legal provisions that apply to performance contracts that the consumer may use up to an amount not exceeding PLN 50.
2. Orders placed in the store are available in EU territory.
3. In order to obtain the available set of products, the Customer must use a set with minimal properties: Current version of the browser version: Google Chrome, Mozilla Firefox, Opera.
or other devices with special properties.
4. The costs of internet connection with stores are set by operators with services using the customer.
5. All reported reports of the Seller are subject to the application address addressed to:
Phone: +48 728 922 588
6. Complaints shall be submitted using the form provided or to the following address:
1. Using the store requires prior registration. During registration, the Customer is obliged to use the contract for the personal data of persons who are asked. Refusal to provide data includes taking into account the conclusion of the contract.
2. Provide a set of services for a store operated through the store's offer.
3. In case of doubt, the prices listed in the store should be gross prices. The prices given at the given price do not include delivery costs, unless they are different with the description of the goods.
4. The costs of delivery of the goods are presented to the customers after completing the order and moving to its customer.
5. The Seller has the right to refuse to process an order placed by the Customer if:
a) the Customer provided false data or the data presented by the Customer depend on the execution of orders,
b) The Customer is the debtor of the Seller with full title, and credibility is due and unpaid,
c) By using the store, he violates the rights of the Seller or a person to the extent that they infringe their personal rights,
d) Uses the store to commit an offense or crime,
e) Make any interference in the functional store, to which the prior written consent of the Seller has not been received.
6. The proof of the conclusion of the contract issued by the Seller on paper is an invoice or receipt.
§5 Placing orders
1. Orders are placed by choosing the options available in the store.
2. Execution of orders is available after payment to the Seller's account.
3. The payment deadline is 3 from the moment the order is delivered. The payment is considered to have been made in the event of receipt of funds on the Seller's account on the above date. No payment is released to the Seller with the processing of orders.
4. Pay for the goods available in one of different ways:
a) Payment to the Seller's account via a bank transfer,
b) Payment to the Seller's account as part of the Braintree transaction system or bank transfer.
5. In the event that the performance of the order cannot be carried out due to a reason that it sells to the customer, and the latter within 7 days decides if another product is ordered, he is waiting for paragraph In the event of withdrawal from the contract, the returning customer is always obliged to pay the amount.
6. Execution of orders made within the time limit specified when placing orders. This deadline is used by the final acceptance of orders by the customer. The seller carries out the order within a maximum of 30 days.
7. Where it is necessary to be marked as 'promotion', 'sale' or other equivalent determination and decision making regarding decision on order dates and resources within their scope. The number of shares mentioned above is limited.
8. The conclusion of the contract is made after prior provision by the Customer of the necessary data, acceptance of the regulations and clicking on the "order with payment obligation" button.
1. Delivery takes place in one of the ways proposed by the customer while placing the order.
2. The delivery cost is given prior to the final acceptance of the order by the customer.
3. In a situation where the goods are returned to the Seller due to:
a) providing incorrect address data,
b) Customer's failure to collect the parcel,
c) Another reason on the part of the Customer
The Seller has the right to charge the Customer with all costs related to such a situation, in particular the costs of sending the goods.
4. In the event of any irregularities in the shipment's condition, in particular its external damage, the Customer has the option of writing a report with the courier covering information on the irregularities in the shipment's condition. If they are noticed after the shipment is delivered, the Customer may notify the courier by requesting that a report be made. The Customer acknowledges that failure to do so may result in the refusal to recognize his complaint claims addressed to the Seller.
5. In the case of shipping outside of Poland, shipping costs are determined individually depending on the country of delivery.
§7 Complaints and guarantees
1. The Seller is obliged to deliver items without defects in accordance with their description in the store. If the sold product could differ from the one presented in the store, the Seller informs about the above. All Mama Potrafi products are sewn from 100% natural cotton. The pilling of the material from which the products are sewn and any dyeing result from the natural properties of the fabrics used and cannot constitute grounds for a complaint. 2. The seller grants a guarantee for the sold goods only if a guarantee document has been issued with the issued good. The warranty conditions are each time described in the warranty document.
3. Complaints shall be submitted using the form available at www.mamapotrafi.pl/FORMULARZ_REKLAMACJA.pdf
4. The submission of a complaint is confirmed by the Seller by sending an email to the Customer.
5. Complaints shall be dealt with within 14 days of their receipt. The customer is informed about the way of settling the complaint in the manner chosen by him. If no method has been chosen, the Seller will inform about the complaint handling method by email.
§8 Right to withdraw from the contract
1. The provisions of this paragraph apply only to consumers. Consumer rights related to withdrawal from the contract are indicated in Annex 1 to the Act of 30 May 2014 on consumer rights and as part of the online store are as follows:
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item.
To exercise the right of withdrawal, you must inform the Seller to the address contained in §5 para. 5 and 6 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You can use the model withdrawal form, but it is not mandatory. You can also complete and send the withdrawal form or any other explicit statement by e-mail on our website www.mamapotrafi.pl/ODSTAPIENIE_OD_UMOWY.pdf. If you take advantage of this option, we will send you prompt confirmation of receipt of withdrawal information on a durable medium (for example, by email). "
To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivery (except for additional costs resulting from your chosen delivery method other than the cheapest usual delivery method offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. Reimbursement will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any case you will not incur any fees in connection with this refund. We may withhold reimbursement until we receive the item or until we receive proof of sending it back, whichever occurs first
Please send or return the item to us immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the 14-day deadline.
You will have to bear the direct cost of returning the item.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the thing.
2. The right of withdrawal referred to above shall not apply to the following contracts:
1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
4) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
5) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
8) in which the consumer explicitly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;
9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
11) concluded through a public auction;
12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, gastronomy, leisure services, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
13) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
29. The seller is obliged to deliver goods free from defects.
30. The consumer has the right to seek a settlement of the dispute through arbitration, including an arbitration court, which also requires the consent of the Seller. In particular, the consumer may seek the assistance of organizations supporting consumer rights or before the Poviat Consumer Ombudsman.
§9 Personal data
1. The Seller declares that all personal data that he obtains as part of the online store are protected in accordance with the provisions of the Act on the protection of personal data and are subject to processing only to the extent permitted by the Act on the provision of electronic services, unless The customer has agreed to the processing of data to a greater extent.
2. The customer agrees to the processing of personal data provided by him during the purchase process. Providing data by the Customer is voluntary, however, the Seller reserves that failure to provide data required during the registration or purchase process may constitute an obstacle preventing the execution of the order. The customer declares that the data provided by him is true.
3. The data is processed by the Seller.
4. Personal data are processed for the purpose of providing contracts electronically via the store, and if the customer agrees to the processing of data for another purpose - also for this purpose.
5. The Customer has the right to access their data and correct them, in particular for the contact details indicated in §5.
6. The court having jurisdiction to hear disputes that may arise against the background of contracts concluded via the online store is the common court having jurisdiction over the registered office of the Seller. The above reservation does not apply to consumers for whom the choice of court takes place in accordance with applicable regulations.