RULES AND REGULATIONS OF MANCRAFT ONLINE SHOP
The terms used in the document shall mean the following:
Seller – Mancraft Michał Smalec with the headquarter in Głuchołazy, address: al. Jana Pawła II 13, 48 – 340 Głuchołazy,no. REGON 161472010, NIP: 7532430874 , bank accounts: PLN: PL42249000050000450053713954 ; EUR: PL34249000050000460032592396; USD: PL05249000050000460068203170
Customer – a natural person aged 13 (thirteen), in case of not finishing 18 years old with a consent of his/her statutory representative, unless he/she has full legal capacity, also a natural person having no legal personality on whom applicable laws and regulations confer legal capacity, who uses the internet store shop-mancraft.com and who places an order according to the following rules and regulations.
Consumer – a party who performs a legal action with an entrepreneur which is not connected with his/her business or professional activity.
Internet store shop.mancraft.com / E-shop – internet store www.shop-mancraft.com run by the seller via which the customer can purchase goods presented in the store
Goods – especially a wide range of pneumatic toy parts also know as Airsoft parts.
Registration form – functionality of the internet store shop-mancraft.com via which the customer, providing his/her personal and address data can open the user's account thanks to which he/she can purchase goods
Basket – the list of the customer's shopping chosen among the goods presented in the e-shop
Rules and regulations – the following Rules and Regulations of the internet store shop-mancraft.com
Defect of the goods – both physical and juridical defects
Legislation – law about the consumers rights from 9th May 2014 (consolidated text Dz. U. From 2017, poz. 683 with the subsequent amendments).
The Act on the protection of personal data – the act from 29th August 1997 about the protection od personal data (consolidated text Dz. U. From 2016, poz. 922 with subsequent amendments).
Civil Code – law from 23rd April 1964 Civil Code (Dz. U. From 2017, poz. 459 with subsequent amendments).
GENERAL TERMS
The purpose of general terms is not to exclude or limit the customer's rights. In the event of a conflict between a provision of the rules and regulations with the aforementioned law, the priority has the laws, the other provisions remain in full force and to the extent permitted by applicable law.
shop-mancraft.com the internet store is led by Mancraft Michał Smlec with the headquarter in Głuchołazy, address: al. Jana Pawła II, 48 – 340 Głuchołazy no. REGON: 161472010, NIP: 7532430874.
The following rules and regulations are an integral part of the sale contract between Mancraft Michał Smalec. with the headquarter in Głuchołazy and the customer. The following rules define: the sale of goods agreement, placing orders for available goods in the internet store shop-mancraft.com, delivering ordered goods, paying for the ordered goods and for the delivery by the customer, the right of withdrawal, making and processing complaints.
The rules and regulation are directed to all customers of e-shop. The customer is obliged to respect all the provisions of the rules and regulations. The sale is based on the rules and regulations which are valid in the moment of placing the order. The customer is entitled to use the internet store shop-mancraft.com for its intended purposes.
The customer can contact the seller's Customer Service on e-mail: [email protected] especially to make complaints. Customer Service is available from Monday to Friday from 7:00 – 15:00 (UTC/GMT +1:00 hour European time)
All information available on the internet page of e-shop refers to goods (including prizes) does not constitute a trade offer according to the Article 66 of the Polish Civil Code but they are an invitation to conclude a contract according to Article 71 of the Polish Civil Code.
Information about the price which is given on the webpage of the internet store is valid from the moment the customer gets an e-mail message (chapter III, p.7 of the rules and regulations). When the order is completed the price will not be changed even if there might be some price changes in the e-store.
The photos of the e-store serve only as a presentation of the particular goods which they present.
Customers have the opportunity to buy goods via e-shop notwithstanding their registration fulfilling the registration form and creating a profile.
The condition of successfully placing an order is to provide personal and address data by the customer and providing phone number, e-mail address thanks to which the seller can contact the customer.
RANGE, REGULATIONS AND TERMS AND CONDITIONS OF USE OF E-SHOP
The customer needs to read the rules and regulations of the e-shop and accept it to use it. The customer is obliged to read the rules and regulations before he/she places an order.
The seller provides the customer the service to open an account on shop-mancraft.com e-shop.
The service enables the customer to use the functionality of the e-shop after logging in. The registration is voluntary and free of charge.
While registration, the customer fill in the registration form: personal data, billing data, delivery address and other essential information necessary to complete the order.
The provided information in the registration form should be true and accurate. If the information provided is not true, the seller has the right not to process the order.
The customer can close his/her account at any time, without providing the reason and free of charge. The customer should send an e-mail on: [email protected] with a request to remove the account with his/her email address.
To secure the safety of messages as well as data on the eshop, the seller declares to implement the appropriate technical and organisational measures, especially the measures which prevent to gain and modify personal data by unauthorised persons.
The customer is obliged to:
use the services offered by the seller to avoid harmful interference in the functioning of the e-shop especially by using appropriate software or hardware;
use the services offered by the seller according to the obligatory law in The Republic of Poland,the following rules and obligations as well as generally accepted customs;
use the services offered by the seller without any disturbances for other customers and the seller, respecting their personality rights (including the protection of privacy) as well as other rights;
use all the text on e-shop only for personal use.
The seller can terminate the agreement for electronic use by removing the customer's account with 14 days notice due to significant reasons such as using the e-shop in a violenting way (p.8 of the following rules and regulations). The seller can inform about the fact by traditional post or current e-mail. The customer's account will be blocked and removed from e-shop.
Placing an order is possible only when chosen products by the customer are available in the warehouse. The seller will make every effort to complete the missing goods as quickly as possible. The missing goods will be removed from the e-shop without undue delay.
The seller reserves the right to have shortages in the warehouse due to the variety of goods presented on the internet shop shop-mancraft.com. When the customer ordered a product which turned out to be unavailable, we suggest replacing the goods with the different one but the same value or return money for the missing product.
When it comes to electronic services the following rules and regulations are the document referred to Art.8 of the legislation from 18th July 2002 on provision of services by electronic means (the uniform text Dz. U. z 2013 r., poz. 1422 with further changes).
PLACING ORDERS
The customer needs to read and accept the following rules and regulations by ticking a designed place just before placing an order. If the customer does not accept the following rules and regulations, he/she is not allowed to purchase any products in the e-shop shop-mancraft.com
The customer provides obligatory personal and address data while placing an order as well as consent to the processing of the provided data to complete the order by internet shop shop-mancraft.com.
The customer has the possibility to place an order around the clock from Monday to Friday. The seller carries out the order within 3 days from the date of payment posting. If the customer chooses the option "cash upon delivery", the order is carried out since the moment he/she placed the order. If the customer places an order during the weekend or on public holiday, the time to carry out the order is extended accordingly.
If the customer opens an account in the e-shop, he/she places an order via registration to his/her account, adding products to the basket and accepting the order.
If the customer does not open an account on the internet shop, the customer still puts the products to the basket, provides delivery information and follows other technical actions.
Placing an order in the internet shop shop-mancraft.com is an offer to Mancraft Michał Smalec to conclude the contract of sale.
When the order is accepted, the customer receives confirmation of his offer (Confirmation of accepting the order for processing) via e-mail provided in the registration form or while placing the order.
In the future the customer can obtain access to such information as: confirmation of accepting the order for processing, sharing, securing all significant provisions of sales contract, is completed in the following way:
confirmation of accepting the order for processing stated in p.7 above is sent by e-mail from e-shop including the following: information about the ordered products, its prices, chosen delivery costs and method, the amount to be paid, payment method, information about the possibility to make a complaint along with downloadable Complaint Form, information about the right to withdraw from the contract along with the downloadable Return Form – reference to the Rules and Regulations also available to download.
Additional orders to completed orders which will be sent to be provided while placing an order or in the Registration Form address, paper warehouse document, an electronic PDF invoice as well as information about the right to withdraw the order along with the Return Form.
The provided ordered processing time is approximate. It is counted from the confirmation of accepting the order to processing until sending the parcel to the customer.
The customer has the right to cancel the order before he/she receives the confirmation that the order is sent. The cancellation of the order declaration should be e-mailed by the customer on: [email protected]
A proof of purchase is attached to each parcel (PDF electronic invoice or a VAT invoice at the customer's request or a receipt).
Sale of the goods in the e-shop is available via the internet.
IV PAYMENTS
All provided prices and delivery costs are gross prices i.e. they contain VAT tax and they are provided in many (chosen by the customer) PLN, EUR, GBP, US/CAD DOLLARS, NOK, DKK. Net prices are given for VAT customers.
The prices provided in shop-mancraft.com the e-shop do not contain delivery costs.
Delivery costs are given in the "Delivery cost" section. Furthermore, delivery costs of ordered products are provided on shop-mancraft.com e-shop, before and at the moment of accepting and placing the order.
The price provided with each product is valid since receiving the confirmation of accepting the order for processing from e-shop (p.III art. 7 of the following Rules nd Regulations).
Information about product price, product characteristics and significant properties is available on e-shop and is placed while the product is presented in the e-shop.
The customer has the right to choose one of the available forms of online payment: bank transfer, PayPal, PayU, Card Payment: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
payment before dispatch - bank transfer, PayPal, PayU, Card Payment: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro before shipping
Payment for the ordered goods is required before releasing the goods.
If the customer chooses to pay before dispatch, the payment must be done to one of our bank accounts Mancraft Michał Smalec. with the headquarter in Głuchołazy within 7 following days counting from the date of the order. After that time, the order will be automatically deleted.
Payments via bank transfer should be done to one of the bank accounts but compatible with currancy chosen and provided in the mail confirming the order for processing. The customer is obliged to put the order number in the title of the bank transfer.
The final and valid price of the products and delivery costs are total amount of the order given in the basket while placing the order in shop-mancraft.com e-shop by the customer.
The total amount of the order is the amount which the customer is obliged to pay and is the amount of the ordered goods as well as the delivery costs.
ORDER FULFILMENT AND DELIVERY METHODS
When the customer receives an e-mail that the order is accepted to processing - confirmation of accepting the order for processing as well as the confirmation of the payment, to order is started for processing.
The order completion period lasts 3 working days. When the customer chooses "payment before dispatch", the order completion starts when the payment for the goods and delivery is in the Seller's bank account. However, the order completion period might be longer because of possible difficulties due to reasons beyond the Seller.
The orders in the e-shop are executed in the received order.
Placing an order in the e-shop is possible around the clock, on all days of the week. Orders are processed by the seller within 3 days from the date of booking the customer's payment or, in the event of choosing the cash on delivery option, from the moment the order is placed, unless a different date has been given at the time of placing the order. If the order is placed on a Saturday, Sunday or a holiday, the delivery time is extended by the time including non-working days, and the indicated deadline for the order proceeding time runs from the next business day after the end of the holidays.
The parcels are delivered by Polish Post or a variety of different global courier companies to the provided address in the territory of the Republic of Poland. The customer chooses the delivery company. The shop however can change the delivery company or the delivery method in the situation the parcel exceeds the regulatory dimensional parcel weights.
All delivery company delivers parcels abroad. Parcels can be delivered only to the provided on the e-shop countries.
The customer is obliged to pickup his/her orders in the headquarter Mancraft Michał Smalec, al. Jana Pawła II, 48-340 Głuchołazy after he/she realised the order in accordance with p. VI art. 2 of the following Rules and Regulations.
The customer should check the condition of parcel with his/her order while delivering.
If the customer does not collect the parcel on time, caused by the fault of the customer, the Seller will send the parcel again no sooner than the customer pays delivery costs.
If the customer does not collect the parcel on time, caused by the fault of the customer, and than the customer resigns from the ordered products, the Seller will transfer the money back for the parcel but not for the delivery costs.
VI. RIGHT OF WITHDRAWAL
According to the law, the customer has the right to withdraw from the sells agreement made in the e-shop shop-mancraft.com without providing a reason.
If the customer wants to withdraw from the sells agreement, he/she should provide a written statement or send an e-mail to [email protected] within 14 days since collecting the order. The customer is informed about the right to withdraw from the sells agreement while placing an order and in the confirmation of accepting the order for processing (p. III Art. 8 of the following Rules and Regulations) as well as in the Return Form. Documents are sent along with the confirmation of accepting the order for processing and with the VAT invoice by e-mail to the customer.
The customer can send a written statement to withdraw from the sells agreement in the Return Form provided to the customer with the order or download it from the e-shop and sent it to the following address: Mancraft Michał Smalec with the headquarter in Głuchołazy, al. Jana Pawła II 13, 48-340 Głuchołazy or e-mail it to: [email protected]
Return Form is available on the webpage of the shop-mancraft.com e-shop in Shopping Rules and Regulations. It is downloadable and printable. In case the customer withdraws from the sells agreement, the agreement is considered invalid and the customer is discharged from any obligations.
Having received the written statement to withdraw from the sells agreement, within 14 days the seller is obliged to transfer the money back to the customer for the order but not for the delivery costs. The customer is obliged to confirm all personal data necessary to pay the money back.
The customer, not the seller, pays for the return parcel to the e-shop.
The seller transfers money for the order using the same means of payment as the customer, unless the customer consents to a different way of payment according to the written statement to withdraw from the sells agreement, referred to st.2 above.
The customer is obliged to return the goods immediately, and no longer than 14 days from the date of withdrawal from the sales agreement. The customer pays for the return of the goods to e-shop.
The seller may refrain from repayment until the customer sends the goods back to the headquarter or sends a shipping confirmation. The customer has 14 days to send the goods back the the e-shop counting from the date of withdrawal from the sales agreement.
The customer should pack the return products in a safe way so that the products were not be damaged in transport. The returned products must be in unaltered state i.e. cannot bear any traces of use. The products must be returned in the complete state along with all provided documents with their sell to the following address: Mancraft Michał Smalec with the headquarter in Głuchołazy, al. Jana Pawła II 13, 48-340 Głuchołazy.
The customer is liable for diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature and characteristics of the goods.
According to Article 38 of the Legislation, the right of withdrawal from the distance contract does not apply to the customer when it comes to:
provided services: if the seller has fully provided the service with the customer's consent who was informed before the service that after providing the service the customer loose the right to withdraw the contract,
the customized products which have been produced according to customer's specifications,
goods which are liable to deteriorate or expiry rapidly
goods which are delivered in a sealed packages which after opening cannot be returned due to protection of the human health or hygienic reasons if the packaging was opened after delivering
goods which after delivering were inseparable attached to other goods by nature
EXCHANGING THE PRODUCTS
The customer is allowed to exchange the products within 30 days counted from the date of delivery. The customer can exchange the products for a different one available in the e-shop at the same or higher prices of the earlier purchased products. In such a situation, the customer covers the delivery costs for the returned goods to the e-shop. The customer also covers the delivery costs for the exchanged goods.
If returned goods should be packed in an appropriate and safe way so that the goods could not be damaged in transport. The returned goods must be in the unaltered state i.e. can not wear any traces of use i.e. can not be damaged. The goods should be returned completed along with the received documents and then sent to: Mancraft Michał Smalec with the headquarter in al. Jana Pawła II 13, 48 – 340 Głuchołazy.
If the chosen goods to be exchanged are of the same price as the earlier purchased goods, the customer covers only the delivery costs associated with exchanged goods. If the price of the chosen goods to be exchanged is higher than the earlier purchased goods, the customer is obliged to transfer the difference between the prices on the e-shop bank account.
The exchange procedure is immediate, but not longer than 14 days counting from the delivery of the purchased goods to the Seller as well as booking the delivery payments or the possible difference in prices of the chosen goods to be exchanged.
VIII COMPLAINTS
If the purchased products have defects, the customer has the right to make a complaint.
Complaints concerning production defects or incorrect measuring of the goods will be taken into consideration only if the goods are not used, are not damaged, are complete.
In case of delivering an incomplete order, the missing goods will be sent by the courier company at the shop's cost shop-mancraft.com or the Seller reimburses the costs for the missing goods. However, if there are some missing goods in the order which cost is lower than the lowest delivery cost available in the e-shop shop-mancraft.com, the Seller will reimburse the costs for the missing products within 14 days counting from a received email from the customer informing about the missing products. Such an email should be sent to: [email protected]
A complaint can be sent to the following e-mail address: [email protected] or send back along with the returned goods and the confirmation of purchase (purchase receipt or invoice) to: Mancraft Michał Smalec with the headquarter in al. Jana Pawła II 13, 48 – 340 Głuchołazy.
The complained of the product should be sent as a whole or in a quantity of the basic sales unit (e.g. 1 piece, 1 package, 1 pair).
The complaint should consist of the following information:
name and surname,
correspondence address,
e-mail address to which the reply for the complaint should be sent, if the customer wishes to receive the reply by mail
the date of purchasing goods
the order number
the type of the complained goods
the detailed description of the defect, the date of the discovered defect as well as the photo of the complained goods
the customer's request and the preferred way of information the customer about the complaint
The Seller informs that there can be a max. 10% difference in colour between the batches parts. The difference in colours can not constitute the basis for a complaint.
The difference in colours of the goods displayed on a monitor in comparison to the realistic colours can not constitute the basis for a complaint.
The Seller responds to the complaints within 14 days counting from the receiving the complaints.
In case there are some documents and/or information missing in the form of complaint, the Seller will contact by e-mail with a request to complete the necessary documents and/or information immediately. In such a case, the time to respond to the complaint is counted from the date of submitting the missing documents and/or information.
If the complaint is positive, the Seller will return delivery costs for the returned goods in the amount of the lowest available delivery cost stated in the internet store www.shop-mancraft.com IX PERSONAL DATA PROTECTION
Customers' personal data are processed by the Seller as the Administrator of personal data.
Providing personal data is voluntary but necessary to open an account, place an order without registration as well as the conclusion of the contract of sale.
The Seller takes the appropriate technical and organisational measures to ensure the security of personal data processed.
The Customer has the right to the access to his/her personal data as well as to the correction and erasure of his/her personal data. Data can be corrected or erased after logging into the account or in case of unregistered customers, the Customer can modify or erase his/her personal data sending the appropriate request to the Seller.
Customers' personal data can be processed in order to conclude the contract of sale, the correct realisation of the electronically supplied services and to inform the customer about the goods the Seller provides.
Additional explanations concerning the security of personal data are included in "Privacy Policy" available on shop-mancraft.com
INFORMATION CONCERNING SETTLING DISPUTES
The Seller informs that in case of disputes the customer has the right to judicial redress as well as out-of-court complaint and claiming rights.
The Seller informs that the aforementioned information does not constitute or restrict the possibility to choose and use judicial redress of dispute resolution by the customer.
XI. LICENSE
1. Exclusive rights to the content available within the internet shop shop-mancraft.com by the Seller, especially the name of the internet shop, the trademark, graphic elements which are part of it i.e. photos, products description, software as well as the rights in respect of database are protected by law and are entitled to the Seller or subjects with whom the Seller concluded the appropriate
2. The customer is entitled to use the aforementioned contents free of charge, as well as to use the contents in accordance with law and the contents widely shared by the customers within the internet shop shop-mancraft.com, but only in scope of personal use and only in order to use the internet shop around the whole world. The use of the contents in a different scope is acceptable only on the basis of an agreement given by the Seller in writing on pain of infidelity.
3. The customer, posting any contents within the internet shop shop-mancraft.com especially graphics, comments, opinions or statements on the Account or in any other place in the internet shop provides the Seller non-exclusive, royalty-free license to use, store in the computer's memory, change, delete, complete, publicly use and displayed, multiply and distribute (especially on the internet) the contents around the world. This includes the right to sub-license to an extent justified by the execution of the contract of sale or the agreement for the provision of services (including functioning and development of the internet shop shop-mancraft.com) as well as authorisation to perform individually or by means of third parties dependable rights in the respect of preparation, adjustment, correction and translation of the works as defined by the Act on Copyright and Related Rights of 4th February 1994 (Dz. U. 2017, poz.880 with further changes). When the customer is not entitled to provide the licenses, referred to in this paragraph, the customer will be obliged to receive appropriate licenses for the Seller.
XII. FINAL PROVISIONS
Deeming the particular provisions of the following Rules and Regulations invalid or ineffective do not affect on the validity or efficiency of the other provisions of the Rules. On the place of the invalid provision, a valid provision; which is the closest to the purposes of the invalid provision and the whole Rules and Regulations; will be applied.
The Seller reserves the right to change the following Rules and Regulations at any time.
The changes of the Rules and Regulations are valid with the moment of publishing them on the e-shop website. This does not relate to the orders and sales contracts completed before the implementation of changes to the Rules and Regulations. All the orders and sales contracts completed before the effective date of changes to the Rules and Regulations will be executed according to the Rules in the version in force at the time of placing an order or sales contracts.
The valid Rules and Regulations is published on the e-shop.
The Seller is not responsible for blocking the mail servers by administrators of messages to the email address specified by the customers and for removal and blocking the messsages by software installed on the computer used by the customer.
To the extent permitted by the applicable law, the Seller is not responsible for interruptions in functioning of the e-shop shop-mancraft.com caused by force majeure, unauthorised acts of third parties or incompatibility of e-shop with the customer's technical infrustructure.