Store Regulations

Terms and conditions of the online store

These rules and regulations set forth the general terms and conditions and methods of sales conducted by the company:

VINTAL sp. z o.o.ul. Strzelecka 542-600 Tarnowskie Góry NIP 6452569807 through an online store: www.magmari.com and determines the terms and conditions of providing sales services electronically.

§1 General provisions

VINTAL sp. z o.o. sells MAGMARI products via the Internet using the domain www.magmari.com.

MAGMARI brand is owned by evers poland. All products offered in the store are brand new.

Orders on the website can only be made by an adult (who is at least 18 years old).

The contract is concluded in the Polish language, in accordance with Polish law and these regulations.

The seller is obliged and undertakes to provide services and deliver items free of defects.

Each customer is obliged to comply with the provisions of the rules and regulations and familiarize themselves with their content. Acceptance of the regulations takes place each time before placing an order in our online store www.magmari.com.

The Seller shall not charge any fees for communicating with him using means of remote communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.

The buyer can use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The buyer has at any time the ability to inspect, correct, update data and delete the account in the store.

The buyer is obliged to:

– not to provide or transmit content prohibited by law, such as. content that promotes violence, defamatory or violating personal rights and other rights of third parties,- use of the store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,- use of the store in a manner that is not burdensome to other Buyers and the Seller,- use of any content posted within the store only for personal use,- use of the store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Rules of Procedure, as well as with the general principles of netiquette.

All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to the templates, forms, logos posted on the Online Store Website (with the exception of logos and photos presented on the Online Store Website for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Seller, and the use of them may be carried out only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing. The Seller uses the mechanism of “cookies” files, which are saved by the Seller’s server on the hard drive of the Customer’s final device when the Customers use the Store’s Website. The use of “cookies” is aimed at the proper operation of the Store’s Website on Customers’ terminal devices. This mechanism does not damage the Customer’s final device and does not cause any configuration changes in the Customers’ final devices or in the software installed on these devices. Each Customer may disable the “cookies” mechanism in the web browser of his/her end device. The Seller points out that disabling “cookies” may, however, make it difficult or impossible to use the Store’s Website.

§2 Contract conclusion and implementation

Orders can be placed 24 hours a day.In order to place an order, the Buyer should perform at least the following actions, some of which can be repeated many times:- add the product to the shopping cart;- select the type of delivery;- select the type of payment;- select the place of release of the product(s);- place the order in the store by using the “Order and pay” button.The conclusion of the contract with the Consumer takes place when the order is placed.The realization of an order of the Consumer paid on delivery takes place immediately, and an order paid by bank transfer or through an electronic payment system after the Consumer’s payment is credited to the Seller’s account, which should take place within 14 days of placing the order, unless the Consumer was unable to fulfill the performance through no fault of his own and informed the Seller about it.The conclusion of the contract with the Customer takes place when the Seller accepts the order, of which he informs the Customer within 48h of placing the order.The realization of the order of the Customer paid on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or through an electronic payment system after the conclusion of the contract and the crediting of the Customer’s payment to the Seller’s account.The execution of the Customer’s order may be subject to payment of all or part of the order value or obtaining a trade credit limit of at least the order value or the Seller’s consent to send the order on delivery (paid on delivery).The shipment of the subject of the contract takes place within the time limit specified on the product card, and for orders consisting of multiple products within the longest time limit of those specified on the product cards. The time limit begins when the order is processed.After confirming the order, the Seller sends information on acceptance of the order for processing to the e-mail address provided by the Customer. The information on acceptance of the order for execution is a statement of the Seller’s acceptance of the offer referred to in §2 para. pt. 3 above, and upon its receipt by the Customer the Contract of Sale is concluded.

§3 Payments

The prices on the Store’s Website posted next to a given Goods are gross prices and do not include information regarding delivery costs and any other costs that the customer will be required to pay in connection with the sales contract, which the customer will be informed about when selecting the delivery method and placing the order.

The customer may choose the following forms of payment for the ordered Goods:

a) bank transfer to the Seller’s bank account (in this case, the execution of the order will begin after the Seller sends the Customer a confirmation of acceptance of the order and after the receipt of funds in the Seller’s bank account);

b) bank transfer via PayU external payment system, operated by PayU S.A. based in Poznan (in this case, order processing will begin after the Seller sends the Customer a confirmation of order acceptance and after the Seller receives information from PayU system that the Customer has made the payment);

c) cash on delivery in person – in this case, the execution of the order will be carried out immediately after the Seller sends the Customer a confirmation of acceptance of the order.

The Customer should make payment for the order in the amount resulting from the concluded Sales Agreement within 3 Business Days, if he/she has chosen the form of prepayment. If the Customer fails to make payment within the period referred to in §3 item. 3, the Seller shall set an additional deadline for payment to the Customer and inform the Customer about it on a durable medium. The information about the additional deadline for payment shall also include information that upon ineffective lapse of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiration of the second deadline for payment, the Seller shall send the Customer a statement of withdrawal from the contract on a Durable medium pursuant to Article 491 of the Civil Code.

§4 Delivery

The Seller is obliged to deliver the Goods subject to the Sales Contract without defects.

The Seller shall post on the Store’s Website information about the number of Business Days required for Delivery and processing of the order.

The Delivery and Order Fulfillment Period indicated on the Store’s Website is calculated in Business Days in accordance with §3(2) of the Terms and Conditions.

The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. In the case of choosing InPost Paczkomaty Sp. z o.o. based in Cracow as the Deliverer, the address of delivery will be the address of the parcel machine selected by the Customer when placing the order.

On the day the Goods are shipped to the Customer, information confirming the shipment by the Seller is forwarded to the Customer’s e-mail address.

The Customer is obliged to examine the delivered shipment at the time and in the manner usual for shipments of a given type. If any defect or damage to the shipment is found, the Customer has the right to demand that an employee of the Supplier write an appropriate protocol.

The Seller, in accordance with the will of the Client, shall attach to the shipment being delivered either a receipt or a VAT invoice covering the Goods delivered. In order to receive a VAT invoice, the Client should declare at the time of purchase that he purchases the Goods, as an Entrepreneur (taxpayer). Declaration of the above, is made by marking the appropriate field in the order form, before sending the order to the Seller. As part of the implementation of the contract with the Customer, the Seller may send an invitation to the Customer’s e-mail address to complete an after-sales survey. The survey is used to examine opinions about the transaction carried out. The Customer may voluntarily complete the survey.

§5 Right to withdraw from the contract

A consumer, under Article 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without giving a reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.

The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and to meet the deadline it is sufficient to send the statement before its expiration.

The declaration of withdrawal may be submitted by the Consumer on the form, the model of which is attached as Appendix No. 2 to the Consumer Law, on the form available at https://magmari.com/reklamacja-i-zwrot or in another form in accordance with the Consumer Law.

The Seller will immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another if provided in the submitted statement) receipt of the statement of withdrawal.

In the event of withdrawal from the contract, the contract is considered not concluded.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiration.

The consumer sends back the items that are the subject of the contract from which he has withdrawn at his own expense.

The consumer shall not bear the cost of providing digital content that is not recorded on a tangible medium, if he has not consented to the performance before the expiration of the deadline for withdrawal from the contract or has not been informed of the loss of his right of withdrawal at the time of giving such consent, or the entrepreneur has not provided confirmation in accordance with Article 15 (1) and Article 21 (1) of the Consumer Law.

The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.

The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by the Consumer, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.

The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for the Consumer.

The Seller may withhold reimbursement of the payment received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first.

A consumer in accordance with Article 38 of the Consumer Law is not entitled to withdraw from a contract: in which the price or remuneration depends on fluctuations in the financial market, over which

the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the contract; in which the subject of the performance is a non-refabricated thing, produced to the consumer’s specifications or serving to meet his individualized needs; in which the subject of the performance is an item that is perishable or has a short shelf life; in which the subject of the performance is an item delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery; in which the subject of the service are things that after delivery, due to their nature, become inseparably connected with other things; in which the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract; for the supply of newspapers, periodicals or magazines, except for a subscription contract.

§6 Warranty

The Seller, on the basis of Article 558§1 of the Civil Code, completely excludes liability to Customers for physical and legal defects (warranty).

The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).

In the case of a contract with a Consumer, if a physical defect is discovered before the expiration of one year from the time of delivery of the item, it is assumed that the defect existed at the time when the danger passed to the Consumer.

The consumer if the thing sold has a defect can:

– make a statement to request a price reduction;- make a statement to withdraw from the contract.

Unless the Seller will immediately and without undue inconvenience to the Consumer replace the defective thing with a defect-free thing or remove the defect. However, if the thing has already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the thing with a defect-free one or remove the defect, he shall not be entitled to replace the thing or remove the defect.

The Consumer, may instead of the removal of defects proposed by the Seller, demand the replacement of the item for a defect-free item or instead of the replacement of the item demand the removal of the defect, unless bringing the item to conformity with the contract in the manner selected by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller, while assessing the excessiveness of the costs shall take into account the value of the defect-free item, the type and significance of the defect found, and also take into account the inconvenience to which the Consumer would be exposed by another way of satisfaction.

The consumer cannot cancel the contract if the defect is insignificant.

The consumer if the thing sold has a defect, may also:

– demand the replacement of the item with a defect-free one;- demand the removal of the defect.

The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the Consumer.

The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective thing into conformity with the contract in the way chosen by the Buyer, or in comparison with the other possible way to bring it into conformity with the contract would require excessive costs.

The Consumer, who exercises warranty rights, is obliged at the expense of the Seller to deliver the defective thing to the complaint address, and if due to the nature of the thing or the manner of its installation the delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. If the Seller fails to perform the obligation, the Consumer is entitled to return the thing at the expense and peril of the Seller.

The cost of replacement or repair shall be borne by the Seller.

The Seller is obliged to accept the defective item from the Consumer in case of replacement of the item with a defect-free one or withdrawal from the contract.

The Seller will respond within fourteen days to the following based on Article 5615 of the Civil Code: a statement on a request for price reduction, a request to replace the item with a defect-free item, a request to remove the defect. The Seller shall, within thirty days (Article 7a of the Consumer Law), respond to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code. Otherwise, he shall be deemed to have recognized as justified the Consumer’s statement or demand.

The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the moment the item is released to the Consumer, and if the object of sale is a used item before the expiration of one year from the moment the item is released to the Consumer.

The Consumer’s claim for removal of defects or replacement of the sold thing with a defect-free one-year statute of limitations, counting from the date of discovery of the defect, but not before the expiration of two years from the moment of release of the thing to the Consumer, and if the object of sale is a used thing before the expiration of one year from the moment of release of the thing to the Consumer.

In the event that the shelf life of an item specified by the Seller or the manufacturer ends more than two years after the item is released to the Consumer, the Seller shall be liable under the warranty for physical defects of the item found before the expiration of this period.

Within the time limits specified in §6 points 15-17, the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a physical defect of the sold thing, and if the Consumer has demanded replacement of the thing with a defect-free one or removal of the defect, the time limit for submitting a statement of withdrawal from the contract or reduction of the price shall begin when the time limit for replacement of the thing or removal of the defect expires ineffectively.

If one of the warranty rights is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the legal conclusion of the proceedings.

Accordingly, it also applies to mediation proceedings, whereby the time limit for exercising other warranty rights to which the Consumer is entitled begins to run from the date of the court’s refusal to approve the settlement reached before the mediator or the ineffective termination of mediation.

For the exercise of rights under the warranty for legal defects of the sold thing, §6 items 14-15 shall apply, except that the period shall begin from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of an action by a third party – from the date on which the judgment rendered in the dispute with the third party became final.

If, due to a defect in the item, the Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he entered into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of entering into the contract, the costs of collection, transportation, storage and insurance of the item, reimbursement of the expenses made to the extent that he did not benefit from them, and did not receive their reimbursement from a third party, and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to compensate for damages under the general rules.

The expiration of the requested period for the discovery of a defect does not exclude the exercise of warranty rights if the Seller has deceitfully concealed the defect. The Seller, insofar as he is obliged to provide a service or financial performance to the Consumer, shall perform it without undue delay, no later than the period prescribed by law.

§7 Online store reviews

A customer of the Online Store has the opportunity to voluntarily and free of charge give an opinion on purchases made in the Online Store. The subject of the opinion can also be an assessment, a photo or a review of the purchased product in the Online Store.

The Seller, after purchases made in the Online Store, sends an email to the Customer with a request to give an opinion and a link to an online form for giving an opinion – the online form allows you to evaluate the purchased product and add your own description regarding the opinion and a photo of the purchased product. In case of failure to give an opinion after receiving the first invitation to give an opinion, the Seller may resend the invitation.

An opinion can only be given by a customer who has made purchases from the Seller’s Online Store.

Opinions given by the Customer are published by the Seller on the Online Store.

Issuing an opinion may not be used by the Client for unlawful activities, in particular, for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.

An opinion can be issued only for the actual products purchased from the Seller’s Online Store. It is prohibited to conclude fictitious/apparent sales contracts for the purpose of issuing an opinion. The author of the opinion can also not be the Seller himself or his employees regardless of the basis of employment. Issued opinion can be removed at any time by its author and the Seller.

§8 Final provisions

None of the provisions of these regulations is intended to violate the rights of the Buyer. Nor can it bé interpreted in this way, since in the event of inconsistency of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the regulations.

Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail indicated when registering or ordering). The notification will be sent at least 7 days before the new regulations take effect. Amendments will be made to adapt the regulations to the current state of the law.

The current version of the regulations is always available to the Buyer in the regulations tab (https://www.magmari.com/regulamin-sklepu). During the execution of the order and throughout the period of after-sales care, the Buyer is bound by the terms and conditions accepted by him when placing the order. Except when the Consumer deems it less favorable than the current one and informs the Seller of the choice of the current one as applicable.

In matters not covered by these terms and conditions, the relevant applicable laws shall apply̨. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. through the EU ODR online platform or by choosing any authorized entity from among those listed in the register of the OCCP.

The seller declares its intention and agrees to an out-of-court settlement of a consumer dispute. As a last resort, the case will be resolved by a court of local and material jurisdiction.

INFORMATION ON PACKAGING AND PACKAGING WASTE

Pursuant to Article 42 of the Law on Packaging and Packaging Waste Management dated June 13, 2013 (Journal of Laws 2013, item 888), we inform you that:

Packaging used by VINTAL sp. z o.o. in the retail and mail order unit includes: non-returnable cardboard, plastic, metal and other paper and plastic materials used to package products.

VINTAL sp. z o.o. has no legal obligation and does not collect packaging waste generated from packaging used in the retail and mail order unit.

Used packaging from products purchased at www.magmari.com should be managed on your own by placing them in the appropriate municipal waste containers according to the cleanliness and order regulations adopted by each municipality.

It is forbidden to place used packaging of products purchased from www.magmari.com in containers not intended for the collection of this type of waste.

Plastic packaging labeling patterns are used on our products:

High density polyethylene
High density polyethylene
Corrugated cardboard
Flat cardboard
Paper
Polyethylene terephthalate
Polypropylene
Polypropylene
Steel
Dispose of used packaging in the appropriate bin

The product marked with this symbol must be disposed of appropriately.