The conclusion of the contract between the Buyer and the Seller can be done in two ways.
The Buyer has the right, before placing an order, to negotiate any provisions of the contract with the Seller, including changing the provisions of the regulations below. Negotiations, should be conducted in writing and addressed to the Seller's address: MK Limited sp. z o.o., ul. Ogrodowa 65 lok. 5, 00-876 Warsaw.
If the Buyer resigns from the possibility of agreeing to individual negotiations, the regulations below and relevant provisions of law shall apply.
Personal Data Administrator: MK Limited sp. z o.o., Ogrodowa 65 lok. 5, 00-876 Warsaw.
Postal address - name and surname or name of institution, location in locality (in case of locality divided into streets: street, building number, apartment or premise number; in case of locality not divided into streets: name of locality and property number), postal code and locality.
Complaint address: Monika Kaminska Butik, 7 Niecała Street, 00-098 Warsaw.
Delivery price list - located at https://monikakaminska.com/delivery a summary of available types of delivery and their costs.
Personal data - any information relating to an identified or identifiable natural person. Information is not considered to identify a person if it would require excessive cost, time, or effort.
Sensitive data - is personal data containing information about racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health, genetic code, addictions, sex life, convictions, criminal convictions, and fines, as well as other decisions made in judicial or administrative proceedings.
Delivery - a type of transportation service with the identification of the carrier and the cost listed in the price list of deliveries located at the address https://monikakaminska.com/delivery
Proof of purchase - an invoice, bill, or receipt issued by the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
Product card - a single sub-page of the store containing information about a single product.
Customer - an adult individual with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, purchasing from the Seller directly related to its business or professional activity.
Civil Code - the Civil Code Act of April 23, 1964, as amended.
Code of Good Practices - a set of rules of conduct and, in particular, ethical and professional standards referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
Consumer - an adult natural person with full legal capacity, making a purchase at the Seller not directly related to his/her business or professional activity.
Cart - a list of products compiled from the products offered in the store based on the Buyer's choices.
Buyer - both Consumer and Customer.
Place of release of the item - the postal address or collection point indicated in the order by the Buyer.
The moment of release of the item - the moment when the Buyer or a third party indicated by the Buyer for collection takes possession of the item.
ODR online platform - the EU online service operating based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr.
Payment - the method of making payment for the subject of the contract and delivery listed at sprawdzonysklep.pl/platnosc
Eligible entity - an entity authorized for out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended.
Consumer Law - the Consumer Rights Act of May 30, 2014.
Product - the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller's store as a unit of measurement when determining its price (price/unit).
The subject of the contract - the products and delivery that are the subject of the contract.
The subject of performance - the subject of the contract.
Pick-up point - the place of delivery of the item that is not a postal address, listed in the listing provided by the Seller in the store.
OCCP Register - a register of authorized entities maintained by the Office of Competition and Consumer Protection under the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals about the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC
Item - a movable thing that can be or is the subject of a contract.
Store - Internet service available at http://monikakaminska.com, through which the Buyer may place an order.
Seller - MK Limited sp. z o.o. with its registered seat in Warsaw at Ogrodowa 65, premises 5, 00-876 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under the number 0000943429, NIP 5272984444.
System - a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data via telecommunication networks using a terminal device appropriate for the type of network, commonly referred to as the Internet.
Lead time - the number of hours or working days specified on the product card.
Contract - a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 for Buyers.
Defect - both a physical defect and a legal defect.
Physical defect - the non-conformity of the sold thing with the contract, and in particular if the thing:
it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
does not have the properties, the existence of which the Seller assured the Consumer,
is not suitable for the purpose about which the Consumer informed the Seller after the contract, and the Seller has not raised any objections to such purpose;
has been delivered to the Consumer in an incomplete condition;
if it has been incorrectly assembled and launched, if these actions have been performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
it does not have the property that was assured by the manufacturer or his representative or the person who places the thing on the market in the scope of his business activity and the person who, by placing his name, trademark or other distinctive sign on the sold thing, presents himself as the manufacturer, unless the Seller did not know or, judging reasonably, could not know these assurances or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
Legal defect - a situation when the sold thing is the property of a third party or is encumbered with a right of a third party, and also if the restriction in the use or disposal of the thing results from a decision or ruling of a competent authority.
Order - a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of the item, Buyer's data and aiming directly at concluding a contract between the Buyer and the Seller.
MK Limited sp. z o.o.
street: Ogrodowa 65 local: 5
KRS 0000943429 NIP 5272984444
§2 General terms and conditions
The contract is concluded in the Polish language, by Polish law, and these terms and conditions.
The place of delivery of the items must be in the territory of the Republic of Poland.
The Seller is obliged and undertakes to provide services and deliver things free from defects.
All prices quoted by the Seller are expressed̨ in Polish currency and arę gross prices (includę VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All time limits are calculated by Article 111 of the Civil Code, i.e. a term specified in days ends with the expiration of the last day, and if the beginning of a term specified in days is a certain event, the day on which this event occurred shall not be taken into account in calculating the term.
Confirmation, access, recording, and securing of all material provisions of the contract for future access to this information is done in the form of:
confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, model form of withdrawal from the contract in pdf version, links to self-download regulations and model form of withdrawal from the contract;
to attach to the completed order, sent to the designated place of delivery of items printed: proof of purchase, information on the right of withdrawal, these terms and conditions, these terms and conditions, model withdrawal form.
The seller informs about the known guarantees provided by third parties for the products in the store.
The seller does not charge any fees for communication with him using means of remote communication, and the buyer will 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 Seller shall ensure to the Buyer using the system the correctnesś of operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionality of Internet Explorer, FireFox, Opera, Chrome, and Safari browsers may affect the correct display of the store, so to obtain the full functionality of the store http://monikakamiska.com, you should disable all of theḿ.
Buyer can use the option of remembering their 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 Seller shall comply with the Code of Good Practice.
§3 Contract conclusion and execution
Orders can be placed́ 24 hours a day.
To place an order, the Buyer should perform at least the following actions, some of which may be repeated several times:
adding the product to the cart;
choosing the type of delivery;
selection of the type of payment;
selection of the place of delivery of the item;
placing an order in the store by using the "I buy and pay" button.
The conclusion of the contract with the Consumer occurs 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 30 days of placing the order, unless the Consumer was not able 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 upon acceptance of the order by the Seller, of which the Seller shall inform the Customer within 48 hours 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 is 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.
Completion of the Customer's order may be subject to payment of all or part of the value of the order, obtaining a trade credit limit of at least the value of the order, or the Seller's agreement 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 composed of multiple products within the longest time limit of those specified on the product cards. The time limit begins to run when the order is processed.
The purchased subject of the contract is shipped, together with the sales document selected by the Buyer, by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the enclosed attachments referred to in §2 item 6b.
§4 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 any 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 sending the statement before the deadline is sufficient to meet the deadline.
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://monikakaminska.com/delivery or in another form by the Consumer Law.
The Seller shall promptly confirm to the Consumer by e-mail (provided after the contract and another if provided in the submitted statement) receipt of the statement of withdrawal from the contract.
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 send the item back 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 to withdraw from the contract at the time of giving such consent, or the entrepreneur has not provided confirmation by 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 in a manner beyond what is necessary to ascertain the nature, characteristics, and functioning of the thing.
The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract made by the Consumer, return to the Consumer all payments made by the Consumer, including the cost of delivering the thing 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 will not return additional costs to the Consumer by 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.
The Consumer by Article 38 of the Consumer Law is not entitled to withdraw from the contract:
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal;
in which the subject of the performance is a non-refabricated thing, produced according to the consumer's specifications or serving to meet his individualized needs;
in which the subject of the performance is an item subject to rapid deterioration or having 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 hygienic reasons if the packaging has been opened after delivery;
in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
o 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 of withdrawal;
for the supply of newspapers, periodicals, or magazines, except for a subscription contract.
Right of withdrawal in case of purchase of a digital product
The right to withdraw from a contract concluded remotely within 14 days does not apply to the Consumer concerning a contract 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 and after the Shop has informed the Consumer of the loss of the right to withdraw from the contract (by Article 38 point 13 of the Law of May 30, 2014, on consumer rights).
The Seller, based on 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 found before the expiration of one year from the time of delivery of the thing, it is assumed that it existed at the time when the danger passed to the Consumer.
If the sold thing has a defect, the Consumer may:
make a statement to demand a price reduction;
make a statement to withdraw from the contract;
The Consumer, may instead of the removal of the defect 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 chosen 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, the value of the defect-free item, the type and importance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by another way of satisfaction.
The Consumer may not withdraw from the contract if the defect is insignificant.
The consumer if the sold thing has a defect, may also:
demand replacement of the thing with a defect-free one;
demand removal of the defect.
The Seller is obliged to replace the defective thing 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 bringing the defective thing into conformity with the contract in the manner chosen by the Buyer is impossible or, compared with the other possible way of bringing it into conformity with the contract, would require excessive costs.
If the defective thing has been assembled, the Consumer may demand from the Seller to disassemble and reassemble it after replacement with a defect-free one or removal of the defect, but he shall be obliged to bear a part of the related costs exceeding the price of the sold thing, or he may demand from the Seller to pay a part of the costs of disassembly and reassembly, up to the amount of the price of the sold thing. If the Seller fails to perform the obligation, the Consumer is entitled to perform these activities at the expense and peril of the Seller.
A Consumer who exercises warranty rights is obliged, at the Seller's expense, to deliver the defective thing to the complaint address, and if, due to the nature of the thing or the way it is installed, 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, except for the situation described in §5 items 10.
The Seller is obliged to accept the defective item from the Consumer in case of replacing the item with a defect-free one or withdrawing from the contract.
The Seller shall, within fourteen days, respond to the following based on Article 5615 of the Civil Code: a statement on the demand to reduce the price, the demand to replace the item with a defect-free item, and the demand 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 days specified in the Civil Code.
The Seller shall be liable under the warranty if a 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 limitation period, counting from the day the defect is found, but not earlier than the expiration of two years from the moment the thing is released to the Consumer, and if the object of sale is a used thing before the expiration of one year from the moment the thing is released to the Consumer.
If the shelf life of the thing specified by the Seller or the manufacturer ends after two years from the moment of issuance of the thing to the Consumer, the Seller shall be liable under the warranty for physical defects of the thing found before the expiration of this period.
Within the time limits specified in §5 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 course of the time limit for submission of a statement of withdrawal from the contract or reduction of the price begins when the time limit for replacement of the thing or removal of the defect expires ineffectively.
If one of the rights under the warranty 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 shall also apply to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled shall begin 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 thing sold, §5 points 15-16 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 decision issued in the dispute with the third party became final.
If, due to a defect in an 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 a 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 expenditures 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 any time limit 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 provided by law.
unless the Seller shall immediately and without undue inconvenience to the Consumer replace the defective thing with a defect-free one 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 or remove the defect, he shall not be entitled to replace the thing or remove the defect.
Otherwise, he shall be deemed to have recognized the Consumer's statement or request as legitimate.
The Personal Data Administrator is responsible for the lawful processing of personal data, and the rules of collection, processing, and storage of personal data, as well as the Buyer's rights related to his personal data.
The Personal Data Administrator processes Buyers' personal data based on consent and in connection with the legitimate interests of the Seller.
The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
The Buyer's consent to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
To process the Buyer's order, the following personal data are collected:
postal address - necessary for issuing proof of purchase;
place of issue of the item - necessary for addressing the shipment;
e-mail - necessary for communication-related to the execution of the order;
telephone number - necessary if certain types of delivery are selected
§7 Final regulations
None of the provisions of these terms and conditions is intended to violate the rights of the Buyer. Neither can it bé interpreted in such a way, sincé in case of any part of these terms and conditions' inconsistency with the applicable law, the Seller declares absolute compliance and application of this law in place of the challenged provision of the terms and conditions.
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 30 days before the new regulations come into effect. Changes will be introduced to adjust the regulations to the current legal status.
The current version of the regulations is always available to the Buyer in the regulations tab. During the execution of the order and throughout after-sales care, the Buyer is bound by the regulations 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 consents to out-of-court resolution of a consumer dispute.
As a last resort, the case shall be resolved by a court of local and material jurisdiction.