The www.muselinen.com online store takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.
1. General provisions
1.1. Online Store available at the Internet address www.muselinen.com is run by Patrycja Szmagalska running a business under the name MUSE PATRYCJA SZMAGALSKA entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of the place of business and delivery address: ul. Pomorska 8, 22-100 Chełm, NIP 5632371093, REGON 381635499, e-mail address: firstname.lastname@example.org, phone number: + 48 537757737
1.2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or businesses.
1.1.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.1.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.1.3. ORDER FORM – An Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.1.4. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants to legal capacity; – who has concluded or intends to conclude a Sale Agreement with the Seller.
1.1.5. CIVIL CODE – Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.1.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s IT system in which data collected by the Service Recipient and information about Orders placed in the Online Store are collected.
1.1.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the Service to automatically receive from the Service the cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.1.8. PRODUCT – a movable item available in the Online Store which is the subject of a Sales Agreement between the Customer and the Seller.
1.1.9. REGULATIONS – these regulations of the Online Store.
1.1.10. ONLINE STORE – the Service Provider’s online store is available at www.muselinen.com.
1.1.11. DEALER; SERVICE PROVIDER – Patrycja Szmagalska conducting business activity under the name MUSE PATRYCJA SZMAGALSKA entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for delivery: ul. Pomorska 8, 22-100 Chełm, NIP 5632371093, REGON 381635499, e-mail address: email@example.com.
1.1.12. SALES AGREEMENT – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
1.1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Store.
1.1.14. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants to legal capacity; – using or intending to use the Electronic Service.
1.1.15. ACT ON CONSUMER RIGHTS, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended)
1.1.16. ORDER – Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
2. Electronic services in the online store
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
1.1.17. Account – using the Account is possible after completing three consecutive steps by the Service User – (1) completing the Registration Form, (2) clicking the “Create Account” field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address electronic mail. In the Registration Form it is necessary for the Customer to provide the following data of the Service Recipient: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
188.8.131.52. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to: ul. Pomorska 8, 22-100 Chełm.
1.1.18. Order Form – the use of the Order Form begins with the Customer adding the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form “Buy and pay” box – up to that moment it is possible to modify the entered data independently (in this purpose should be guided by displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sale Agreement: Product (s), amount of Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
184.108.40.206. The Electronic Order Form Service is provided free of charge and is of a one-off nature and terminates when the Order is placed via it or when the Ordering Party ceases to place the Order through it.
1.1.19. Newsletter – the use of the Newsletter takes place after giving the e-mail address in the “Newsletter” tab visible on the Online Store website, to which further editions of the Newsletter are to be sent and clicking the “Save” button.
220.127.116.11. The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to: ul. Pomorska 8, 22-100 Chełm.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The recipient is prohibited from providing unlawful content.
2.4. Procedure for complaints regarding Electronic Services:
1.1.20. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint procedure of the Product, which is indicated in point 6 of the Regulations), the Client may submit, for example:
18.104.22.168. in writing to the following address: ul. Pomorska 8, 22-100 Chełm;
22.214.171.124. in electronic form via e-mail to the following address: firstname.lastname@example.org;
1.1.21. It is recommended that the Customer provide the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Customer’s request; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
1.1.22. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. Conditions for concluding a sales contract
3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay, the Customer is informed on the Online Store pages when placing an Order, including when the Customer wishes to be bound by the Sales Agreement.
3.3. The procedure of concluding a Sales Agreement in the Online Store using the Order Form.
1.1.23. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
1.1.24. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller’s statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, or more precisely, more than a man, e-mail referred to in point 3.3.2. Regulations. The content of the Agreement is also recorded and secured in the Online Store’s Online Store.
4. Instructions and settings for the product
4.1. Sales notification:
1.1.25. Payment in cash on delivery upon delivery.
1.1.26. Payment by bank transfer to the Seller’s bank account.
1.1.27. You can pay by card VISA/MASTERCARD
4.2. Payment deadline:
1.1.28. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement.
5. The cost, methods and time of delivery and receipt of the product
5.1. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following methods of delivery or collection of the Product:
1.1.30. Courier shipment.
5.3. The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a shorter deadline is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 14 Business Days. The beginning of the delivery of the Product to the Customer counts as follows:
1.1.32. If the Customer selects the method of payment by bank transfer, electronic payments or by credit card – from the date of crediting the Seller’s bank account or settlement account.
6. Product complaint
6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller’s liability due to a Product defect and Customer’s rights are set out on the Online Store’s website in the complaint information tab.
6.3. The complaint may be submitted by the Customer, for example:
1.1.34. in writing to the following address: ul. Pomorska 8, 22-100 Chełm;
1.1.35. in electronic form via e-mail to the following address: email@example.com;
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complaining party – this will facilitate and accelerate the complaint handling by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
6.5. The Seller shall respond to the Customer’s complaint promptly, no later than within 14 calendar days from the date of its submission. If the customer who is a consumer has demanded the replacement or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced and the seller did not respond to the request within 14 calendar days, it is considered that the request was justified .
6.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Pomorska 8, 22-100 Chełm. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If due to the type of the Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
7. Out-of-court ways to handle complaints and redress and the rules for access to these procedures
7.1. Detailed information on the possibility of the Client using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The point of contact at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: firstname.lastname@example.org or a written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.), Whose task is among others, providing assistance to consumers in matters relating to the out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress solutions: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl/); (2) a motion regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) help from the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, via e-mail at email@example.com and at the consumer helpline number 801 440 220 (call center in working days, 8:00 – 18:00, connection fee according to the operator’s tariff).
7.4. An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a contractual obligation arising from an online sales contract or a service agreement (more information on the platform website itself or at the Internet address of the Office of Competition and Consumer Protection) : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. The right to withdraw from the contract
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
1.1.36. in writing to the following address: ul. Pomorska 8, 22-100 Chełm;
1.1.37. in electronic form via e-mail to the following address: firstname.lastname@example.org;
8.2. An exemplary model of withdrawal from the contract is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer can use the form template, but it is not mandatory.
8.3. The period for withdrawing from the contract begins to run:
1.1.38. for a contract whereby the Seller issues a Product, being obliged to transfer its ownership (eg a Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him, other than the carrier, and in the case of a contract which: (1) many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period – from taking possession of the first Product;
1.1.39. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return all payments made by him to the consumer, including the delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until receipt of the Product or delivery by the consumer of proof of his return, depending on which event occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the day on which he withdrawn from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that he will pick up the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Pomorska 8, 22-100 Chełm.
8.7. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer’s withdrawal from the contract that the consumer is obliged to incur:
1.1.40. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Seller.
1.1.41. The consumer bears direct costs of returning the Product.
1.1.42. In the case of a Product being a service whose performance – at the express request of the consumer – started before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the fulfilled benefit.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
1.1.43. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the provision that he will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) 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 from the contract; (3) in which the object of the service is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy his individual needs; (4) in which the object of the service is a product that is quickly deteriorating or has a short shelf-life; (5) in which the object of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
(6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sale Agreement, and which delivery may take place only after 30 days and whose value depends on the fluctuations on the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products; (9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for delivery of digital content that is not recorded on a tangible medium if the performance commenced 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.
9. Provisions regarding entrepreneurs
9.1. This section of the Regulations and the provisions contained herein apply only to Clients and Service Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
9.3. In the case of customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. Upon the release of the Product by the Seller, the carrier shall pass to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
9.5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. According to art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service Recipient.
9.8. Liability of the Service Provider / Seller in relation to the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sales Agreement, however, not more than up to one thousand zlotys. The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court having jurisdiction over the seat of the Seller / Service Provider.
10. Final provisions
10.1. Agreements concluded via the Online Shop are concluded in Polish.
10.2. Amendments to the Regulations:
1.1.44. The Service Provider reserves the right to make changes to 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.
1.1.45. In case of concluding on the basis of these Regulations continuous contracts (eg providing Electronic Service – Account), the amended regulations bind the Customer if the requirements specified in art. 384 and 384  of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change in the Regulations would result in the introduction of any new fees or increase in the existing Customers who is a consumer has the right to withdraw from the contract.
1.1.46. In the case of concluding agreements of a different nature from continuous contracts (eg a Sales Agreement), amendments to the Regulations will not in any way affect the acquired rights of Customers / Customers who are consumers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not impact on already placed or placed Orders and concluded, implemented or executed Sales Agreements.
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded until December 24, 2014 with customers who are consumers – provisions of the Act on the protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271 with d.) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded from December 25, 2014 with customers who are consumers – the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.