Terms & Conditions

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1 §

Preliminary Provisions

  1. The mousepad24.eu online store, available at https://mousepad24.eu, is operated by ANITA MAKARSKA-GURGACZ, NIP: 7122860322, ul. Techniczna 4 20-151 Lublin.
  2. These Terms and Conditions are addressed to Customers and define the rules and procedures for concluding a Distance Sale Contract with the Customer through the Store.

2 §

Definitions

  1. Seller – ANITA MAKARSKA-GURGACZ, NIP: 7122860322, ul. Techniczna 4 20-151 Lublin.
  2. Customer – any entity making purchases through the Store.
  3. Store – an online store operated by the Seller at the Internet address: https://mousepad24.eu.
  4. Account – a set of services and functions available to the User after registration and after logging into the Store, as well as a set of data and settings of the Customer related to the operation of the Customer’s services that require logging in.
  5. Distance contract – a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, up to and including the conclusion of the contract.
  6. Terms and Conditions – these rules and regulations of the Store.
  7. Order – the Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
  8. Order Form – an interactive form available in the Store that allows placing an Order (requiring prior approval by the Seller), in particular by adding Products to the Cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
  9. Cart – an element of the Store’s software where the Products selected by the Customer for purchase are shown, and it is possible to determine and modify the Order data, in particular the quantity of products.
  10. Product – an item available in the Store, which is the subject of a Sales Contract, concluded between the Customer and the Seller.
  11. Sales Contract – a contract of sale of a Product concluded or entered into between the Customer and the Seller in the form of a distance contract, through the Online Store.
  12. Interactive Tools – a set of Internet software features that allow the Customer to customize the Product Visualization.
  13. Product Visualization – a digital image, the quality and specificity of which allow replacing the Product with a photo.
  14. Messenger – the Store’s Internet software that allows the exchange of text messages between the Seller and the Customer.
  15. Courier – an external entity offering courier services, having a separate agreement with the Seller for the performance of the delivery service of the Product to the Customer in the performance of the Sales Contract.
  16. Payment Intermediary – an external imoje payment system, operated by ING Śląski S.A. based in Katowice

3 §

Technical requirements

  1. The following is necessary in order to use the Store, including browsing the Store’s range and placing orders for Products:
    1. end device with access to the Internet
    2. active e-mail account,

4 §

General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized acts of third parties, failure of third parties to perform their obligations, regardless of the cause or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Browsing the assortment of the Store does not require creating an account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data to enable the performance of the Order.

5 §

Rules for placing an order

  1. In order to place an Order, you must:
    1. Select the Product that is the subject of the Order, and then click the “Add to cart” button.
    2. Customize the elements of the ordered Product, e.g. color, design, through the Interactive Tools available on the website.
    3. Complete the Order Form by creating a Visualization of the Order Product, entering the details of the recipient of the Order and the address to which the Product is to be delivered, entering the invoice details if different from the details of the recipient of the Order.
    4. Submit an Order by the Customer.
    5. Receive acceptance of the Order from the Seller.
    6. Accept the Terms and Conditions and the Privacy Policy.
    7. Click the “Order and pay” button on the page whose link will be provided in the e-mail or by the Customer Account.
    8. Select one of the available payment methods and, depending on that, pay for the order within the specified period.
  2. The Seller may reject the Product Visualization made by the Customer without giving a reason.
  3. The Seller shall inform the Customer about the rejection of the Visualization no later than within 4 working days from receiving the Order by sending such information to the e-mail address provided by the Customer. Failure to inform the Customer of the rejection of the Visualization within 5 working days of placing the order by the Customer shall be considered to be its acceptance.
  4. For technical production reasons, the Seller may, within the timeframe specified in paragraph 3, propose to the Customer his own Product Visualization, which the Customer may accept or reject. The deadline for acceptance or rejection of the visualization proposed by the Seller is determined and provided by the Seller in each case, with the proviso that it cannot be shorter than 5 working days from sending the proposal to the Customer. The time limit for the decision in question automatically extends the processing time of the Order.
  5. Product Visualization between the Customer and the Seller will be carried out through Messenger, e-mails
  6. If, for any reason, part of the subject of the Order is found to be unavailable, the Customer is informed by the Seller about the actual state of affairs and decides how to proceed, within the framework of the Sales Contract (partial implementation, extension of the waiting time, cancellation of the entire order).
  7. After the expiration of the time limit referred to in paragraphs 3 and/or 4, the Customer is not allowed to change their decision regarding visualization.
  8. The seller is not responsible for any errors in the visualization selected and accepted by the Customer.

6 §

Visualization requirements

  1. The Seller is not responsible for the content commissioned by the Customer for marking the Product.
  2. The Seller is not responsible for the content of the Product Visualization modified by the Customer
  3. The Seller shall not be liable related to any claims of third parties for infringement of their rights in connection with the content of the visualization. Exclusive liability, including compensation, for any infringement of third-party rights shall be borne by the Customer.
  4. The Customer is obliged to comply with applicable laws when making Visualizations or uploading any graphic files to the Seller.

7 §

Deliveries

  1. Delivery of the Products is limited to the area of the European Union and EEA countries and takes place at the address indicated by the Customer when placing the Order.
  2. Delivery is carried out in accordance with the regulations for the provision of services by the Courier, on the terms indicated therein.
  3. If the Customer fails to collect the ordered Product, the Seller shall store the Product in the Courier’s warehouse for 3 days. The Seller has the right to charge the Customer for any storage costs.
  4. If the Customer provides an incorrect or inaccurate address, the Seller shall store the Product in the Courier’s warehouse for 3 days. The Seller has the right to charge the Customer for any storage costs.
  5. In the event that the received shipment is found to be damaged, the Customer is obliged to prepare a protocol in the presence of a representative of the Courier, in accordance with the regulations for the provision of services by the Courier, on the terms indicated there.
  6. The protocol referred to in paragraph 5 must be signed by a representative of the Courier. The absence of a properly drawn-up protocol deprives the Customer of the right to make a complaint to the Seller on this account.
  7. The Customer is obliged to check the Product immediately upon receipt as to its quantity and quality.
  8. If any quantity or quality irregularities are found, the Customer is obliged to inform the Seller in writing as soon as possible, using Messenger or sending an e-mail to the address: orders@mousepad.eu. The information should include the order number or customer data and as detailed a description of the irregularity as possible.
  9. The cost of delivery of the Product is paid by the Customer. This cost is included in the cost of the entire Order.
  10. The Seller shall not be liable related to the loss of the Product, its damage during transport, as well as delays in delivery that occurred for reasons attributable to the Courier.

8 §

Payment. Internet payment

  1. The following types of payment are available in the Store:
    • Payment by bank transfer to the Seller’s account,
    • Electronic payments,
    • Payment by credit card.
    • Payment in cash.
  2. The payment provider is the imoje platform. The store sends the customer back to the site, where payment is made, and the necessary information for shipment is provided:
  3. A Customer who wishes to use the services of a Payment Intermediary is obliged to comply with the provisions of the terms of the respective Payment Intermediary. The content of these terms can be found at …………..:
  4. The Customer is obliged to change the method of payment if it is not possible to make payment using the originally selected form.
  5. The Customer is responsible for verifying on his own whether the Customer’s bank account supports online payments and recurring payments, and the Seller does not assume any responsibility for this.
  6. The Store is not responsible for the use of the Store’s website or payment provider in a manner inconsistent with the Terms and Conditions.
  7. Any consequences resulting from improper completion of forms on the Store, particularly by providing incorrect or false data by the Customer, shall be the Customer’s responsibility.

9 §

Newsletter

  1. The Newsletter service consists in sending e-mail messages by the Seller to the e-mail address provided by the Customer of this service, containing information about the Store’s offer and special offers organized by the Store.
  2. By concluding a Newsletter service agreement with the Seller, the Customer makes his e-mail address, provided in the registration form, available for the purpose of receiving e-mail messages referred to in paragraph 1.
  3. The Newsletter service is free of charge.
  4. The Newsletter service can be used by any person who enters their e-mail address in the Newsletter section of the Store’s website and then clicks the “Send” button. Clicking the indicated button sends the provided e-mail address to the Seller and, at the same time, concludes a contract for the use of the Newsletter service under the terms specified herein.
  5. The Newsletter service will commence as soon as the Newsletter service agreement is concluded, to which the Customer hereby agrees.
  6. The contract for the use of the Newsletter service is concluded for an indefinite period.
  7. To use the Newsletter service, Internet access and an e-mail address are required, but it is not necessary to meet any specific technical requirements other than having a standard operating system and a standard web browser.
  8. The Seller informs that individual Newsletters constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (consolidated text Dz.U. 2006 No. 90 item 631 as amended).
  9. The Customer has the right to terminate the Newsletter service agreement by sending a statement to this effect to the following e-mail address orders@mousepad24.eu. The termination has an immediate effect.

10 §

Samples

  1. A sample is 1 piece of a Product available in the store without marking, which will allow assessing the characteristics and properties of the Product in its final form, and is also intended to promote this Product. Thus, the transfer of a sample by the Seller does not constitute a supply of goods and is not taxable under Article 7(2) of the Value Added Tax (VAT) Law.
  2. The decision to provide samples to the Customer is made by the Seller.
  3. The Seller is not required to justify his decision as specified in § 5(2).
  4. The Customer does not have the right to appeal against the Seller’s decision specified in § 5(2).
  5. The cost of delivery of the sample is borne by the Customer.
  6. Sample orders can be done through the appropriate module in the Store or by sending a message to the e-mail address: orders@mousepad24.eu.
  7. Deliveries of samples are made in accordance with the rules set forth in § 7 of the Terms and Conditions.
  8. Payment for the delivery of samples shall be made in accordance with the rules set forth in § 8 of the Terms and Conditions.

11 §

Performance of the Sales Contract

  1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer and the Seller accept the Product Visualization.
  2. Confirmation of receipt of the order and its acceptance for execution is made by the Seller sending the Customer a relevant e-mail message to the Customer’s e-mail address provided during the placement of the Order.

12 §

Withdrawal from the Contract

  1. Due to the nature of the non-prefabricated Product, manufactured according to the Customer’s specifications or serving to meet his individual needs, the Customer is not able to withdraw from the contract, and the Customer is accordingly informed that he loses the right to withdraw from the contract at the time specified in § 5 point 1 subpoint g, in accordance with the provision of § 5 point 7.

13 §

Permissible differences

  1. Due to technical limitations of the production machinery, the subject of the Sales Contract may slightly deviate from the Visualization accepted in accordance with § 5 items 2–7 by the following parameters:
    1. Product dimensions
    2. Product weight
    3. Color/shade
    4. Finishing including e.g. edges
    5. Print colors
    6. Placement of graphics
    7. Packaging method
  2. A relative error of 10% of the default value should be taken as a slight difference.

14 §

Complaints

  1. In order to file a claim, you must:
    1. fill out a complaint form, available on the Store’s website,
    2. send the completed complaint form, together with the document confirming the purchase in the Store, to the Store’s e-mail address orders@mousepad24.eu.
  2. The complaint form should include a description of the reason for the complaint with adequate documentation of the discrepancy.
  3. The Customer is obliged to provide the Product being the subject of complaint at the request of the Seller to confirm the defect.
  4. The Seller will respond to the complaint request immediately, no later than within 14 days from the date of receipt of the complaint form, and if this was not possible, he will inform the Customer within this period when the complaint will be considered.
  5. Any irregularities in part of the delivered Products do not entitle the Customer to claim the entire Order.
  6. The cost of delivery of the Product being the subject of the complaint shall be borne by the Seller if the Customer is not an entrepreneur or the subject of the sales contract is not used by the Customer for the performance of his business.
  7. With regard to a business customer purchasing a Product related to the nature of his business, the Seller’s liability under warranty for defects is excluded, in accordance with Article 558 § 1 of the Civil Code.
  8. Filing a complaint does not release the Customer from the obligation to pay the Seller for the order placed.
  9. The Seller’s liability does not include the so-called consequential damages and lost profits.
  10. The complaint may be rejected if the margin of error of the Product’s characteristics of the same specification is less than 10%.
  11. A claim may be rejected if the margin of error of the properties specified in § 13 for the Product is less than 10%.

15 §

Personal Data Protection

  1. The Customer agrees to the Seller’s processing of personal data provided by the Customer when placing the order in the process of using the Store.
  2. The provision of personal data by the Customer is voluntary, however, lack of consent to the processing of personal data by the Seller will prevent the Seller from providing electronic services and making purchases by the Customer in the Store.
  3. Personal data is processed by the Seller, i.e. ANITA MAKARSKA-GURGACZ, NIP: 7122860322, ul. Techniczna 4 20-151 Lublin (Personal Data Controller).
  4. The Seller processes the Customer’s personal data for the purpose of providing services electronically, concluding and performing Sales Contracts with the Customer for Products covered by the Customer’s Orders, as well as for marketing purposes, if the Customer has given consent, particularly for the purpose of sending commercial information to the Customer electronically.
  5. The Customer has the right to access his personal data and to request its rectification or deletion. Personal data can be rectified or deleted by logging into the Customer’s account or by reporting to the Seller at the following e-mail address: amakarska@optima-reklama.com.
  6. Providing personal data by the Customer, in connection with posting opinions or reviews of Products in the Store or social networking sites, means consent to sharing this data with an unlimited circle of people.
  7. The Customer declares that the personal data provided by him is the Customer’s data.
  8. Detailed provisions on the protection of personal data are included in the Privacy Policy, available on the Store’s website.

16 §

Final provisions

  1. Settlement of any disputes arising between the Seller and the Customer is subject to common courts according to their general jurisdiction, in accordance with the provisions of the Code of Civil Procedure.

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