Terms and conditions
§ 1
Introductory resolutions
- Metal Decorations online store, available at https://metaldecorations.co.uk is run by R. M. P. Sp. z o. o. with its registered office at ul. Klonowa 36 in Antoniów, 42-233 Mykanów, Poland, registered into the National Court Register by the District Court in Częstochowa, XVII commercial division KRS under the KRS number 0000539857, with the share capital of 5000 PLN, NIP 5732852633, REGON 360596063.
- These regulations are addressed to both Consumers and Entrepreneurs using the Store and defines the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via a store.
§ 2
Definitions
- Consumer – a natural person concluding a contract with the Seller as a part of the Store, the subject of which is not directly related to its business or professional activity.
- The Seller – R. M. P. Sp z o. o. Antoniów, ul. Klonowa 36, 42-233 Mykanów Klonowa 36 in Antoniów, 42-233 Mykanów, Poland, registered into the National Court Register by the District Court in Częstochowa, XVII commercial division KRS under the KRS number 0000539857, with the share capital of 5000 PLN, NIP 5732852633, REGON 360596063.
- Client – each entity making purchases through the Store.
- Entrepreneur – A natural person, a legal person and an organization unit that is not a legal person, for who a separate law grants legal capacity, performing on its own behalf an economic activity that uses the Store.
- Store – an online store run by the Seller at the internet address: metaldecorations.co.uk.
- Distance contract – An agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the conclusion of the contract, inclusive.
- Regulations – hereby Store regulation.
- Order – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.
- Account – the Customer’s Account in the Store, it contains data provided by the Customer and information about Orders placed by them in the Store.
- Registration form – the form available in the Store, enabling the creation of an Account.
- Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Shopping Cart and defining the terms of Sales Agreement, including the method of delivery and payment.
- Shopping cart – an element of the Store’s software in which the Products selected for purchase by the Customer are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – Product sales contract concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for work.
§ 3
Contact with the Store
- Seller’s address: ul. Klonowa 36, 42-233 Antoniów
- Seller’s e-mail address: shop@metaldecorations.co.uk
- Seller’s phone number: +44 203 885 2497
- Seller’s FAX number: –
- Seller’s bank account number: PL 88 1050 1142 1000 0090 8105 5882
- The Customer may communicate with the Seller using the addresses and
telephone numbers provided in hereby paragraph. - The customer may communicate by phone with the Seller in
the following hours: Monday-Friday: from 8 AM to 4 PM.
§ 4
Technical requirements
To use the Store, including viewing the Store’s assortment and placing orders for Products, you must:
- use a terminal device with access to the internet and a web browser,
- have an active e-mail account,
- have cookie files enabled.
§ 5
General information
- The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompability of the Online Store with the Customer’s technical infrastructure.
- Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be processed without creating an Account.
- The prices given in the Store are given in GBP and are gross prices (including VAT).
- The final amount to be paid by the Costumer consists of the price of the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store’s website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement covering a subscription or supply of services for an indefinite period, the final price is the total price including all payments for the settlement period.
- When the nature of the object of the Agreement does not allow, judging reasonably, to calculate the final price in advance, the information on the manner in which the price will be calculated as well as charges for the transport, delivery, postal services and other costs, will be provided in the Store in the Product description.
§ 6
Creating an Account in the Store
- To create an Account in the Store it is necessary to complete the registration Form.
- Creating an Account in the Store is free.
- Logging into the Account is done by entering the login and password chosen in the registration Form.
- The customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 7
Rules of placing an Order
How to place an Order:
- log into the store (optional);
- select a Product that is the subject of the Order, and then click the „Add to Cart” buton (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option of placing an Order without registration has been chosen – fill in the order Form by entering the details of the receipent of the Order and the address to which the Product is to be delivered,
select the type of shipment (the method of delivery of the Product), enter the invoice details, if different from the details of the recipient of the Order, click the „Order and pay” button / click the „Order and pay” button and confirm the order by clicking the link sent in the e-mail; - choose one of the available payment methods and depending on the method of payment, pay for the Order within a specified period of time, subject to § 8 point 3.
§ 8
Delivery and payment methods
- The Customer may use the following methods of delivery or collection of the ordered Product:
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- Courier delivery
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- The Customer may use the following payment methods:
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- Payment by bank transfer to the Seller’s account
- PayPal Payment
- Credit Card Payment
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.
§ 9
Execution of the sales contract
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer had placed an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of Sales Agreement. Upon recieving of the above e-mail message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- If the Client chooses:
- payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make a payment within 4 calendar days from the date of the Sale Agreement – otherwise the order will be canceled
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- if the Client has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in its description (subject to section 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
- A In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
B In the case of ordering Products with different delivery dates, the delivery date is the longest given date.
C In the case of personalized orders, unless otherwise agreed with the Seller, the delivery time is extended by an additional 6 business days. - The start of the period of delivery of the Product to the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or credit card – from the date of crediting the Seller’s bank account.
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- If the Customer chooses the method of payment by bank transfer, electronic payment or credit card – from the date of crediting the Seller’s bank account.
- If the Customer chooses cash on delivery – from the day of concluding the Sale Agreement.
- The Product is delivered within the territory of the European Union and United Kingdom.
- The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the „Delivery costs” tab and when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
- Self-pickup of the Product by the Client is free of charge.
- The customer is obliged to open the package at the courier. Due to the numerous damages to shipments by courier companies, if such a situation occurs, the customer should report the problem to the delivering courier. If you wish to make a claim to us, a damage report written with the courier who delivers the shipment is required. If the goods are completely damaged, please do not pick up the shipment and note to the courier that the goods were not received due to damage. If the above conditions are not met complaints sent to us will be rejected.
§ 10
The right to withdraw from the contract
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The running of the time limit specified in section 1 begins with the delivery of the Product to the Consumer or a person designated by them, other than the carrier.
- In the case of an Agreement that covers many products that are delivered separately, in batches or in parts, the time limit specified in section 1 runs from the delivery of the last item, batch or part.
- In the case of an Agreement which consists in the regular delivery of Products for a specific period (subscription), the period specified in section 1 runs from the possession of the first thing.
- The Consumer may withdraw from the Agreement by submitting to the Seller a declaration of withdrawal from the Agreement. The Consumer may withdraw from the Agreement by submitting to the Seller
a declaration of withdrawal from the Agreement. - The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s
website – The Seller’s contact details are specified in § 3. The declaration may also be submitted on the form, the stencil of which is attached as appendix 1 to these
Regulations and an attachment to the Act of May 30, 2014 on consumer rights, but it is not obligary. - If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included Product description in the Store.
- The right to withdraw from a distance contract is not entitled to a Consumer in relation to the Agreement:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to
health protection or hygiene reasons, if the packaging was opened after delivery, - in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service, that after the Seller has fulfilled the service, he will lose the right to withdraw from the service,
- in which the price or the remuneration depends on the fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
- when the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on the fluctuations in the market over which the Seller has no control,
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,
- for delivering newspapers, periodicals or magazines, with the exception of subscription contracts,
- for the delivery of digital content that is not recorded on a tangible minimum, if the performance began with the Consumer’s express consent before the deadline to withdraw
from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,
§ 11
Complaint and warranty
- The Sales Agreement covers new Products.
- In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
- Complaints should be submitted in writing or by e-mail to the Seller’s addresses provided in these Regulations.
- The Seller will respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer’s request was considered justified.
- Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
- If a guarantee has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 12
Out-of-court complaint and investigation procedures
claims
- Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection,
Provincial Inspectorates of the Trade Inspection.
http://www.uokik.gov.pl/wazne_adresy.php. - The consumer has the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
- The consumer is entitled to apply to a permanent amicable consumer court referred to in article 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Consumers).
§ 13
Personal data in the Online Store
- The administrator of personal data of Customers collected via the Online Store is the Seller. Customers’ personal data collected by the administrator via the Online Stor eis collected in order to implement the Sales Agreement, and if the Cutsomer agrees – also for marketing purposes. The receipients of personal data of the Customers of the Online Store may
be:- In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator povides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
- In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the Customer’s collected personal data to the selected entity servicing the above payments in the Online Store.
- The customer has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.
§ 14
Final Provisions
- Agreements concluded through the Online Store are concluded in English.
- The Seller reserves the right to amend the Regulations for important reasons that is: changes in the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of (!!) Polish law shall apply, in particular: the Civil Code; the act on the provision of the electronic services; the act on consumer rights, the act on the protection of personal data.
- The customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose check the information on this site: https://www.gov.uk/consumer-protection-rights.