Terms and Conditions
                 Terms and Conditions 
of the MartiStore online store

specifying, among others rules for concluding sales contracts through the Store,
containing the most
important information about the Seller, the Store and
the rights of the Consumer.


Table of contents
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in store
§ 5 Payments
§ 6 Order procesing
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complains
§ 10 Personal data
§ 11 Disclaimer
§ 12 Provisions for Non-Consumer Buyers
Attachment No. 1: Withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except public holidays.

Profile - a free function of the Store regulated by separate regulations
(service provided electronically), thanks to which Buyer can set up
his individual profile in the Store.

Consumer - a consumer in the meaning of the rules of the Civil Code.
Buyer – all entity buying in the Store.
Regulations – those regulations.
Shop - MartiStore online shop run by the Seller at https://marti-store.pl.
Seller - MARTI TEAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered
at ul. Grzybowska 87, 00-844 Warsaw, entered into the National
Court Register - register of entrepreneurs by the DISTRICT COURT FOR THE CITY
OF WARSAW IN WARSAW, XII COMMERCIAL DEPARTMENT OF
THE NATIONAL COURT REGISTER, under KRS number 0000797174,
NIP number. 5272901004, REGON number 38399702500000, share capital
5000 PLN, paid-in capital PLN 5000.

§ 2 CONTACT WITH THE SELLER

  1. Post address: st. Grzybowska 87, 00-844 Warsaw
  2. E-mail address: kontakt@marti-store.pl
  3. Phone number: 666664040
  4. Address for returning orders (in the situation of withdrawing from the contract): Kopalniana 20D/6, 01-321, Warsaw, Poland
  5. Address for sending complain goods: Kopalniana 20D/6, 01-321, Warsaw, Poland

 

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
  • device with Internet access
  • a web browser which supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements set out in paragraph 1, 
an active email account is required.

§ 4 SHOPPING IN STORE

  1. Prices of goods visible in the Store, are the total prices for the goods.
  2. The Seller points out that the total price of the order, includes the price for the goods indicated in the Store and, if necessary, the costs of delivery of the goods.
  3. The goods selected for purchase should be added to the Shopping cart in the Store.
  4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order. 

§ 5 PŁATNOŚCI

  1. You can pay for the placed order, depending on the Buyer's choice:
    1. By bank transfer to the Seller's bank account;
    2. using a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. By a payment platfrom:
      • PayPal
      • Payu
  2. If the Buyer will choose payment in advance, the order must be paid within 2 Business Days of placing the order.

  3. Seller informs that in the case of some payment methods, due to their specificity, payment for the order with this method is possible only after placing the order.

  4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 EXECUTION OF THE CONTRACT

  1. Seller is obliged to deliver the goods without defects.
  2. Completion date is 5 working days.
  3. If the Buyer chosed to pay in advance for the order, the Seller will proceed with the order after it has been paid for.
  4. Package can be send to any country.
  5. Goods purchased in the Store will be delivered by a courier.

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The consumer has the right to withdraw from the agreement concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from the date:
    • in which the Consumer came into possession of the goods or in which a third party other than the courier and indicated by the Consumer came into possession of the goods;
    • in which the Consumer came into possession of the last item or in which a third party, other than the courier and indicated by the Consumer, came into possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately;
    • conclusion of the contract - in the case of a contract for the supply of digital content.
  3. To withdraw from the agreement, customer has to inform seller, using the information provided in § 2 of the Regulations, in form of unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
  4. The consumer may use the withdrawal form template, which is provide at the end of the Regulations, but it is not obligatory.
  5. In order to keep the withdrawal deadline, it is enough for the Consumer to send information about withdrawing, before the deadline.
  6. In case of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract
  7. The Seller will refund the payment using the same payment methods that was used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.
  8. The seller may hold the return of payment until receipt of the goods or until proof of it is provided to him, depending on which event occurs first.
  9. Products has to be returned to the following address: Kopalniana 20D/6, 01-321, Warsaw, Poland immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
  10. Consumer bears the direct cost of returning the goods.
  11. The consumer is only reliable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the characteristics and functioning of the goods.
  12. If products, due to their nature, cannot be returned in the usual way by post, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
  13. If it is necessary to return funds for a transaction made by Consumer with a payment card, the Seller will refund fees to the bank account connected with this payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. Rights to withdraw from a distance contract is not entitled to the Consumer in relation to the agreement:
    1.  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;
    2. In which the subject of the service is an item that deteriorates quickly or has a short date of expire;
    3. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    4. 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;
    5. In which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

§ 9 COMPLAINTS

  1. In the case of a defects of goods, the Buyer has the option to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that the guarantee has been granted;
  2. Using the warranty, the Buyer may, on the terms and dates specefied in the Civil Cod:
    1. make a price reduction statement;
    2. in the case of a significant defect - submit a statement of withdrawal from the contract;
    3. demand replacement to the item with a defect-free one;
    4. request to remove a defect
  3. The Seller asks to submit complaints under the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that in order to consider the complaint, it is necessary to deliver the conmplain goods to the Seller, the Buyer is obliged to deliver these goods, in the case of a Consumer at the Seller's expense, to the address Kopalniana 20D/6, 01-321, Warsaw, Poland.
  5. If an additional warranty has been granted for the goods, information about it, as well as about terms, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  7. Complaint will be considered by the Seller within 14 days.
  8. In the situation that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use e.g. with:
    1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available here:https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the locally competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of the municipal or poviat Consumer Ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – „GDPR”.

  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is:
    • a sales contract or actions taken at the request of the Buyer, witch provide to the conclusion (art. 6 par. 1 lett. b GDPR),
    • Seller's legal obligation related to accounting (art. 6 par. 1 lett. c) and
    • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend any claims (art. 6 par. 1 lett. b GDPR)
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store.
  4. Buyer's data provided in connection with purchases in the Store will be processed until:
    1. contract concluded between the Buyer and the Seller will finish;
    2. seller will no longer be subject to the legal obligation obliging him to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the sales contract concluded by the Store will finish;
    4. Buyer's objection to the processing of his personal data will be accepted - if the basis for data processing was the legitimate interest of the Seller.                                                                                                                         – depending on what is applicable in a given case and what happen at the latest
  5. Buyer has the right to demand:
    1. access to your personal data,
    2. their rectification,
    3. removal,
    4. processing restrictions,
    5. transferring data to another administrator and also the law:
    6. to object at any time to the processing of data for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on art. 6 par. 1 lett. f GDPR (i.e. on legitimate interests pursued by the administrator).
  6. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is processed unlawfully, the Buyer may make a complaint to the President of the Office for Personal Data Protection.

§ 11 OBJECTIONS

  1. It is forbidden for the Buyer to provide illegal content.
  2. Every order make in the Store is a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the time and for the purpose of order fulfillment.
  3. Contrats concluded on the basis of the Regulations are concluded in English.
  4. None of the rules of the Regulations excludes or in any way limits the rights of the Consumer under the law.
  5. Rules about goods and the sales contract shall apply accordingly to digital content and a contract for the supply of digital content, unless the Regulations specify these issues separately.

§ 12 RULES ABOUT A NON-CONSUMER BUYER.

  1. Right to withdraw from a distance contract is not entitled to an other person than a Consumer.
  2. Any liability of the Seller towards the Buyer who is not a Consumer, within the limits permitted by law, is excluded.
  3. In case of possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the registered office of the Seller.

 

Attachment no. 1 to the Regulations.

 

Below is a model template for withdrawal from the contract, which the Consumer may, but does not have to, use:

 

 RETRUN FORM

 

ORDER NUMBER : 

......................................                                                                          

NAME AND SURNAME:

.............................................................................................

 

  1.  PRODUCT NAME : ...............................................................
  2.  QUANTITY : .............
  3.  SIZE : .............
  4.  REASON FOR THE RETURN : ...........................................................................................................

 

 

I REQUEST FOR A REFUND TO THE NUMBER OF THE BANK ACCOUNT

Fill in for cash on delivery. In the case of payment using online banking, the refund will be made using the same method.

 

Name of the bank:

.........................................................................................................

Numer rachunku bankowego:

...............................................................................................................

I declare that I know the terms of return and complaint of goods specified in the Regulations of the store.

 

                                                                                                                          ................................................................................

                                                                                                                                                                                        customer signature 

Address for returns:

Marti Team Sp. Z O. O.

Kopalniana 20D/6

01-321 Warsaw, Poland

Tel: 666664040

 

Shop rules

in MartiStore

Table of contents
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Profile
§ 5 Complains
§ 6 Personal data
§ 7 Disclaimer
§ 1 DEFINITIONS

Consumer - a consumer in the meaning of the rules of the Civil Code.

Profile - a free function of the Store regulated by separate regulations
(service provided electronically), thanks to which Buyer can set up his individual
profile in the Store.

Buyer – all entity buying in the Store.
Shop - MartiStore online shop run by the Seller at https://marti-store.pl.
Seller - MARTI TEAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered
at st. Grzybowska 87, 00-844 Warsaw, entered into the National
Court Register - register of entrepreneurs by the DISTRICT COURT FOR
THE CITY OF WARSAW IN WARSAW, XII COMMERCIAL DEPARTMENT OF
THE NATIONAL COURT REGISTER, under KRS number 0000797174,
NIP number 5272901004, REGON number 38399702500000, share capital
5000 PLN, paid-in capital PLN 5000.
 

§ 2 CONTACT WITH THE SELLER

  1. Post address: ul. Grzybowska 87, 00-844 Warsaw
  2. E-mail address: kontakt@marti-store.pl
  3. Phone number: 666664040

 

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper creation and functioning of the profile, you need:
  • active e-mail address.
  • device with Internet access.
  • a web browser which supports JavaScript and cookies

§ 4 PROFILE

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. Profile gives the Buyer additional possibilities, such as: history of orders made by the Buyer in the Store, checking the status of the order or editing the Buyer's personal data.
  3. To make a profile, you must fill the appropriate form in the Store.
  4. At the time of creating a profile, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the maintenance of the Account on the terms privide in these regulations.
  5. The Buyer may resign from the Profile at any time without any costs.
  6. To resign from the Profile, is necessary to send a resignation to the Seller  to the e-mail address: kontakt@marti-store.pl, The result will be an immediate deletion of the Account and termination of the contract regarding the maintenance of the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the profile should be sent to the e-mail address kontakt@marti-store.pl.
  2. Complaint will be considered by the Seller within 14 days.
  3. In the situation that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use e.g. with:
    1. mediation conducted by the competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available here:https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. assistance of the locally competent permanent consumer arbitration court operating at the Voivodship Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of the municipal or poviat Consumer Ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Store - due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU ) on data protection – „GDPR

  2. The purpose of processing the Buyer's data is to maintain the profile. The basis for the processing of personal data in this case is:
    • a sales contract or actions taken at the request of the Buyer, witch provide to the conclusion (art. 6 par. 1 lett. b GDPR),
    • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend any claims (art. 6 par. 1 lett. b GDPR).
  3. Poviding data by the Buyer is voluntary, but at the same time necessary to maintain the profile. Failure to provide data means that the Seller will not be able to keep the profile maintance service.
  4. The Buyer's data will be processed until the moment when:
    1. The account will be deleted by the Buyer or the Seller at the request of the Buyer;
    2. Stoped the possibility of pursuing claims by the Buyer or the Seller related to the Profile;
    3. Will be accepted the Buyer's objection to the processing of his personal data - if the basis for data processing was the legitimate interest of the Seller.                                                                                                                         – depending on what is applicable in a given case and what happen at the latest
  5. Buyer has the right to demand:
    1. access to your personal data,
    2. their rectification,
    3. removal,
    4. processing restrictions,
    5. transferring data to another administrator and also the law:
    6. to object at any time to the processing of data for reasons related to the special situation of the Buyer - to the processing of personal data concerning him, based on art. 6 par. 1 lett. f GDPR (i.e. on legitimate interests pursued by the administrator).
  6. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer considers that his data is processed unlawfully, the Buyer may make a complaint to the President of the Office for Personal Data Protection.

§ 11 OBJECTIONS

  1. It is forbidden for the Buyer to provide illegal content.
  2. Agreement regarding the maintenance of the profile is concluded in English.
  3. If the important reasons referred to in par. 4 happened, the Seller has a right to change this Profile Regulations.
  4. Important reasons referred to in sec. 3 are:
    1. the need to adapt the Store to legal provisions applicable connected with a store functioning;
    2. improving the security of the service provided;
    3. changing the functionality of profile, requiring modification of the Account regulations.
  5. Buyer will be informed about the planned change of the Profile regulations at least 7 days before the change comes into force via an e-mail sent to the address assigned to the Account.
  6. If the Buyer does not agree to the planned change, has to inform the Seller about it by sending an appropriate message to the e-mail address: kontakt@marti-store.pl, which will result in termination of the Profile maintenance agreement, with the date when changing will come into effect, or earlier if the Buyer make such requests.
  7. If the Buyer won’t send any objection to the planned change until it will come into effect, it is assumed that he accepts it, which does not exclude to the termination of the contract in the future.
  8. In the possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  9. None of the rules of this regulations exclude or limit in any way the rights of the Consumer under the law.
 
 
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