Statute
I. SUBJECT SCOPE
The following regulations describe the rules of the Intermediary's provision of intermediation services in the purchase of goods from Sellers.
II. GENERAL PROVISIONS
1. The Regulations are continuously available on the manetta.pl Website, in a manner enabling each user to obtain, reproduce and record their content by printing or saving on a medium at any time.
2. The administrator of personal data processed in connection with the implementation of the provisions of the Regulations is the Agent. Personal data are processed for the purposes, within the scope and based on the principles indicated in the Privacy Policy published on the Website.
3. The Agent declares that it complies with all principles of protection of Clients' personal data.
4. Providing personal data is voluntary. Every person whose personal data is processed by the Intermediary has the right to view their content and the right to update and correct them.
5. The Customer consents to the collection, storage and processing of personal data by the Agent for the purpose directly related to the implementation of the Goods ordered on the Website. Detailed conditions for the collection, processing and protection of personal data by the Agent are specified in the Privacy Policy of the Website.
6. The Client is obliged to use the Website and the services offered by the Intermediary through it in a manner consistent with the provisions of the Regulations, the principles of social coexistence, taking into account the respect for personal rights and copyrights and intellectual property of the Intermediary and third parties. It is prohibited for the user or Client to provide content of an illegal nature.
7. Using the Website means any action by the Customer that leads to the Customer becoming familiar with all content posted on the Website.
8. Product promotions organised via the Website cannot be combined, unless the terms and conditions of a given promotion provide otherwise.
9. Contact with the Intermediary is done via email manetta.kontakt@gmail.com, Facebook page and Instagram account. Additionally, the client can contact the Intermediary by post, sending correspondence to the address of the intermediary's registered office.
III. GLOSSARY
The expressions used in these Regulations mean:
Customer - consumer within the meaning of Article 22, Index 1 of the Civil Code, on whose behalf the Intermediary purchases goods from the Seller.
Broker - Manetta Adrian Chodorski – an entity providing intermediation services in the purchase of goods
NIP: 7842524322
REGON: 387737048
Address: ul. ks. Stanisława Staszica 11B/14, 62-200 Gniezno.
If you wish to withdraw from the sales contract, please contact us to confirm your returns address.
Please do not return goods to:
ul. ks. Stanisława Staszica 11B/14, 62-200 Gniezno.
Seller - an entity that sells goods and has its registered office in a third country.
Brokerage service - a service provided by an Intermediary in accordance with the principles set out in these Regulations.
Commission – includes remuneration corresponding to the difference between the amount paid by the Client to the Intermediary's account and the amount transferred to the Seller as payment on behalf of the Client for the goods and shipment to the address indicated by the buyer, which is due to the Intermediary under the brokerage agreement, as well as for the Intermediary's assumption of part of the seller's obligations related to product liability; the amount of the commission depends on the type of goods and ranges from 35 to 65% of the amount paid by the consumer.
Amount due to the Seller - the amount including the product price and transportation costs.
Consumer Rights Act - Act of 30 May 2014 on Consumer Rights (Journal of Laws, item 827, as amended).
VAT - tax on goods and services imposed on import in accordance with the Act of 11 March 2004 on tax on goods and services (Journal of Laws 2016, item 710, consolidated text).
Working day – one day from Monday to Friday, excluding public holidays.
Contact form – an interactive form enabling Clients to contact the Intermediary.
Order Form – an interactive form available on the Intermediary’s website enabling the placement of an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Agreement.
Goods – movable items available on the website that are the subject of the Brokerage Agreement concluded between the Client and the Broker.
Contract concluded at a distance – a contract concluded between the Agent and the Client as part of an organised system of concluding distance contracts, 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.
Brokerage agreement – an agreement concluded between the Broker and the Client as part of an organised system of concluding distance contracts, 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 agreement.
Sales Agreement – an agreement concluded between the Customer and the Seller within an organized distance contracting system, 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 agreement. The intermediary mediates between the Customer and the Seller.
Electronic service – a service provided electronically by the Intermediary via the Website.
Order – a declaration of will of the Customer submitted via the Website, using the Order Form, aimed at concluding a Brokerage Agreement, specifying in particular its terms and conditions, as well as the type and quantity of Goods, the method and cost of delivery, the form of payment and the Customer's data necessary for the performance of the agreement.
Website – the website of the Intermediary available at manetta.pl.
Payment method - the method chosen by the Customer to pay for the order.
IV. SCOPE OF THE BROKERAGE SERVICE
1. As part of the intermediation service provided by the Intermediary, the Intermediary, in the name and on behalf of the Client, on the basis of the power of attorney granted to him, orders goods from the Seller and pays the fees associated with bringing the goods to the Client.
2. The brokerage service is provided on the basis of specific arrangements between the Parties.
3. By placing an order, the Client declares that he/she grants the Agent a power of attorney to order the goods on behalf of the Client and to pay the price and shipping costs of the goods to the Client's address on behalf of the Client. The Agent is authorized to act only within the scope of the power of attorney granted to him/her.
V. OBLIGATIONS OF THE PARTIES
The Agent hereby declares that in connection with the provision of intermediation services in the sale of goods from foreign sellers, the Agent assumes some of the obligations arising from the provisions of Polish law, incumbent on sellers of goods:
a) provides the Customer with the necessary information and coordinates the process regarding the right to withdraw from the sales contract,
b) conducts and examines the complaint procedure regarding the goods,
c) is liable under warranty for defects in the goods,
d) upon the customer’s request, provides instructions for use of the goods and all necessary documents related to the goods in Polish.
VI. INSTRUCTIONS FOR STARTING THE BROKERAGE SERVICE
1. The Client submits to the Intermediary an order to start the brokerage service concerning a given product via the Intermediary's website or contact form. Submitting an order to start the brokerage service is considered as an expression of the Client's express consent to start the brokerage service.
2. After receiving the instruction to start the brokerage service, the Broker sends the Client:
a) confirmation recorded on a durable medium,
b) information that, in accordance with the Consumer Rights Act, in order for the intermediation service to be performed within 14 days from the date of conclusion of the agreement, the Client's express request in this respect must be recorded on a durable medium,
c) information that the Client loses the right to withdraw from the contract if the Intermediary commenced the brokerage service with the express consent of the Client, who was informed before the commencement of the service that after the Intermediary has fulfilled the service, the Client will lose the right to withdraw from the brokerage contract,
3. The Intermediary provides the Client with full information regarding the final price of the service, including all costs, and a description of the main features of the service. Information is available on the Intermediary's website.
4. When submitting an order to start the brokerage service via the Intermediary's website, the Client provides the Intermediary with the following data in the form: first name, last name, e-mail address, delivery address, telephone number.
5. The Customer places an order after reading the content of these Regulations and accepting their provisions.
6. The intermediary is obliged to provide the Client with confirmation of the conclusion of the distance contract on a durable medium within a reasonable time after its conclusion before the commencement of the provision of the service. This confirmation contains information on the main features of the provision, taking into account the subject of the provision and the method of communication with the consumer.
7. The Intermediary shall initiate the intermediation service immediately after receiving payment for the service from the Client and sending the Intermediary an explicit request to perform the service within 14 days from the date of conclusion of the agreement.
8. The provision of an intermediation service is considered to be the submission and payment of an order by the Intermediary to the Seller.
VII. DELIVERY OF GOODS
- The ordered goods are delivered to the address provided by the Customer when placing the order to initiate the brokerage service.
2. The Agent declares that the delivery of the ordered goods will be made by the Seller within 60 working days from the date of conclusion of the sales agreement. If the customer does not receive the goods within the specified time, the Agent will place another order with the Seller or return the funds.
3. The Intermediary informs that orders placed between 24 January and 25 February may have an extended delivery time, up to a maximum of 90 days from the date of sending the order.
4. Parcels are sent from outside the European Union by the Seller. The Customer is the importer. The Customer is responsible for the tax obligations resulting from the import.
5. The consumer receives information from the Intermediary about the shipment of the package and its shipment number, which allows it to be tracked. Each shipment is a registered shipment.
6. The customer is obliged to report the lack of delivery of the package no later than 100 days from the date of sending the package. In the event of withdrawal from the contract, the customer is obliged to return the goods at their own expense within 14 days.
The intermediary has the right to withhold reimbursement until receiving the goods back or confirmation of their shipment.
Failure to collect the shipment does not constitute a return.
VIII. PAYMENTS
1. Payment covering the value of the order referred to in point III below is made on a prepayment basis before the Intermediary starts providing the services.
2. Payment may be made at the Client's discretion by transfer to the Intermediary's bank account, via the Google Pay, Apple Pay, Blik payment service, or by payment card.
3. The value of the order given each time for the goods consists of the amount due to the Seller and the Commission due to the intermediary.
4. All prices listed on the Intermediary's website are expressed in the selected currency.
5. At the Client's request, the Intermediary issues an invoice without VAT, in accordance with Article 113 paragraph 1 of the VAT Act, and transmits it electronically, to which the Client consents.
IX. RETURN OF GOODS BY THE CUSTOMER
1. Within 30 calendar days from the date of receipt of the goods, the Customer may submit to the Intermediary a declaration of return of the goods purchased from the Seller, which is equivalent to withdrawal from the contract. Click to open the full list of returns addresses . Each time, after receiving such a declaration, the Intermediary will confirm to the Client the fact of receipt of the declaration as well as the correctness of the Seller's address.
2. Within 7 days of receiving the declaration of return of the goods, if during this time he receives proof of its return to the Seller's address or when the Seller has already received the goods back, the Intermediary will refund the Customer the payments made by him, i.e. the sum of the amount that was transferred to the Seller and the Intermediary's Commission.
3. The Client is obliged to send the goods to the Seller no later than within 14 calendar days from the date of submitting the declaration of return of the goods. In order to speed up the procedure of refund of payment, the Client may send the Intermediary proof of sending the goods back.
4. If the Client fails to provide proof of sending back the goods, the Intermediary shall return to the Client the payments made by him, i.e. the sum of the amount that was transferred to the Seller and the Intermediary's Commission, only when the Seller receives the goods.
5. The Intermediary shall refund the payment using the same method of payment as used by the Client, unless the Client has expressly agreed to another method of refund that does not involve any costs for him.
6. The declaration of return can be submitted electronically. To meet the deadline referred to in paragraph 1, it is sufficient to send the declaration before its expiry.
7. The customer bears the costs of returning the products to each Chinese Seller separately.
X. COMPLAINT PROCEDURE
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In order to facilitate the Client in conducting the complaint procedure, the Intermediary takes over the obligations related to the Seller's liability for the lack of conformity of the goods purchased by the Client with the contract. The complaint may be submitted by the Client via e-mail to the address: manetta.kontakt@gmail.com or in writing to the Intermediary's address. Within 14 days from the moment of filing the complaint, the Intermediary will respond to the consumer's complaint.
2. If the goods are inconsistent with the contract, the consumer may request their repair or replacement (Article 43d of the Act of 30 May 2014 on consumer rights).
3. The Intermediary undertakes that in the event of a consumer's request referred to in paragraph 2, as a rule, it will replace the goods with defect-free ones. It will do so within a reasonable time from the moment it was informed by the consumer about the lack of conformity of the goods with the contract, and without excessive inconvenience to the consumer, taking into account the specificity of the goods and the purpose for which the consumer acquired them. The costs of replacement, including in particular the costs of postage, transport, labour and materials, are borne by the Intermediary.
4. The complaint referred to in paragraph 1 is considered on the basis of information about the non-conformity of the goods with the contract and photos documenting it provided by the Customer, without the need to send the goods to the Seller or the Intermediary. If necessary, in the event of a request for replacement of the goods, the Intermediary will collect the goods from the Customer at its own expense. The Intermediary reserves the right to request the return of the complained product for physical verification if the photos provided by the Customer do not allow for an unambiguous determination of the existence of the defect.
The consideration of a complaint may be suspended until the goods have been received and assessed. This applies in particular to cases where the reported defect may result from the use of the product, improper fitting or mechanical damage occurring after delivery.
5. The consumer is not obliged to pay for normal use of the goods that were subsequently replaced.
6. The consumer may submit a declaration requesting a price reduction or withdrawal from the contract when:
a) the Intermediary refuses to replace the goods, or the replacement of the goods does not fulfil the consumer's right to demand that the goods be brought into conformity with the contract, or the lack of conformity of the goods with the contract persists despite the actions taken by the Intermediary to bring the goods into conformity with the contract,
b) the lack of conformity of the goods with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without prior recourse to protective measures in the form of a request for repair or replacement of the goods,
c) it clearly follows from the Intermediary's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.
7. The intermediary shall return to the consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 7 days from the date of receipt of the consumer's declaration of a request for a price reduction.
8. The consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial. It is presumed that the lack of conformity of the goods with the contract is material.
9. If the lack of conformity with the contract concerns only some of the goods delivered under the contract, the consumer may withdraw from the contract only in respect of those goods, and also in respect of other goods acquired by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to retain only the conforming goods.
10. In the event of withdrawal from the contract, the consumer shall immediately return the goods to the Intermediary at his expense. The Intermediary shall return the price to the consumer immediately, no later than within 7 days from the date of receipt of the goods or proof of their return.
11. The intermediary shall refund the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to another method of refund that does not involve any costs for him.
12. In the event of noticing any irregularities related to the operation of the Intermediary's website, the Client is entitled to report this fact by sending an e-mail to the following address: manetta.kontakt@gmail.com or by post to the Intermediary's business address.
13. The Client is entitled to file a complaint regarding the provision of the brokerage service by the intermediary. The complaint may be filed by the Client via e-mail to the address: manetta.kontakt@gmail.com or in the form of a letter to the address of the Intermediary.
14. The Customer's report should include the Customer's address data, name and surname, as well as a precise indication of the irregularity to which the report relates, together with the justification for the report.
15. The Intermediary will respond to the received notification within no more than 14 days from the date of its receipt.
16. All complaints regarding payments should be reported to the entity responsible for executing the payment, i.e. the bank or other entity through which the funds are transferred.
XI. EVALUATION OF THE INTERMEDIARY, SELLER AND ORDER FULFILLMENT
1. The Client has the possibility to evaluate the performance of concluded agreements and sold goods by the Agent and the Seller on the website manetta.pl. The evaluation is performed by filling in a special form available on the website.
2. Ratings submitted by the Client are public and visible to other Clients.
3. Only verified Customers may post reviews on the manetta.pl website.
A verified customer is a consumer who has verified his/her e-mail address and purchased the product about which he/she wishes to post a comment.
4. Comments are subject to automatic moderation in the form of a filter that allows for the blocking of indecent content that violates generally applicable legal provisions.
XII. PERSONAL DATA PROCESSING
1. Personal data are processed in accordance with the provisions of the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2018, item 1000, as amended).
2. By providing personal data, the Client consents to their processing by the Intermediary in order to properly provide the service.
3. The data entered into the registration form should be updated by the Client. The data should be updated by changing the relevant data in the Client's account.
4. The Client may also consent to the sending of commercial information via electronic means of communication. In the event of such consent, the Intermediary is entitled to send the Client this content electronically.
5. Personal data provided in the application and/or registration form will be processed and administered by the Intermediary.
6. The Customer has the right to access the content of personal data and the right to request their correction, supplementation or deletion under the terms specified in Art. 32-35 of the Personal Data Protection Act.
XIII. COPYRIGHT
1. The Intermediary's website is a work within the meaning of the Copyright Act and all copyrights belong exclusively to the Intermediary.
2. The Agent declares that all materials posted on the Agent's website, including text, photographs, graphics and their arrangement, constitute the intellectual property of the Agent or third parties.
3. The Intermediary excludes the possibility of copying, duplicating, modifying, distributing or other forms of commercial use of materials owned by the Intermediary, referred to in paragraph 1, without the prior written consent of the Intermediary.
XIV. TECHNICAL REQUIREMENTS
1. In order to use the Intermediary's website, the Client must have a computer or other terminal device with access to the Internet.
2. To use the Intermediary's website, it is necessary to enable the use of short text information called cookies (cookies). Disabling cookies prevents the Client from fully using the Intermediary's website.
XV. CHANGES TO THE REGULATIONS
1. The Intermediary reserves the right to make changes to these Regulations, about which it will inform immediately, i.e. no later than 14 days before the introduction of changes, on the website.
2. The Intermediary will inform about the fact of making a change to the Regulations by posting on the website information about the changes and posting a unified text of the amended Regulations and indicating which of the previous provisions of the Regulations have changed.
3. The Regulations may be amended at any time, in particular for important technical, legal and/or organisational reasons, without the need to justify these reasons.
4. The Client's use of the Intermediary's services after the entry into force of changes to the Regulations is tantamount to acceptance of the introduced changes.
5. Any changes to these Regulations come into force within 14 days from the date of their publication on the website.
6. Changes to the Regulations after submitting an Instruction to launch the brokerage service do not affect the manner of its implementation.
XVI. FINAL PROVISIONS
1. These Regulations are made available to Customers free of charge, in a manner enabling their acquisition, reproduction and recording of their content.
2. These Regulations are available on the website in the Regulations tab.
3. Communication between the parties takes place electronically. The Intermediary will send information to the Client to the e-mail address provided during registration.
4. These Regulations come into force on the date of their publication on the website.
5. If one of the provisions of these Regulations is or will be ineffective, this does not affect the validity of the remaining provisions. In place of the ineffective provision of the Regulations, a rule will be applied that is closest to the purposes of the invalid provision and of these Regulations as a whole.
6. Any disputes arising from the provision of services by the Intermediary will be settled amicably, and in the event of failure to reach an agreement, they will be resolved by a common court of competent local and material jurisdiction.
7. Polish law shall apply to all legal relations arising from these Regulations.
8. In matters not regulated in these Regulations, generally applicable provisions of law shall apply.
XVII. OUT-OF-COURT DISPUTE SETTLEMENT
In the event that the Client is a consumer and the complaint procedure does not bring the result expected by the Client, the Client may use:
a) an application for resolution of the dispute to the permanent consumer arbitration court operating at the Trade Inspection with a request for resolution of the dispute,
b) an application to initiate mediation proceedings to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Intermediary),
c) free assistance from the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims and 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.
XVIII. LIMITATION ON RETURN OF HYGIENE GOODS
1. Pursuant to art. 38 point 5 of the Act of 30 May 2014 on consumer rights, the right to withdraw from a contract concluded at a distance does not apply to the Customer in relation to contracts the subject of which are products delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery.
2. The products covered by the above restriction include, in particular, underwear, swimwear and other goods that have direct contact with intimate areas, offered by the Intermediary.
3. These products are delivered in sealed foil packaging. If they are opened, tampered with or damaged, the Agent is not obliged to accept the return and the Client loses the right to withdraw from the contract.
4. By making a purchase, the customer accepts the above conditions and acknowledges that after opening the sealed package, the goods cannot be returned.
XVIII. GIFT CARDS
1. The Manetta.pl store offers gift cards in the following denominations: PLN 50, PLN 100, PLN 200, PLN 300, PLN 400 and PLN 500.
2. Gift cards can only be used for purchases in the online store manetta.pl.
3. Each card has a unique code that must be entered when placing the order in the "discount code" field.
4. The gift card is valid for 12 months from the date of purchase. After the expiry date, the card expires and any unused funds are forfeited.
5. The Card cannot be exchanged for cash – in whole or in part – and is non-refundable.
6. If you cancel an order paid for with a gift card, the funds will be restored to the card if the card is still active.
7. The gift card can only be used once (it cannot be divided into multiple orders). If the order value is lower than the value of the card, the difference is forfeited.
8. In the case of an order with a higher value than the card, the difference must be paid using one of the available payment methods.
9. The card can be transferred to another person – it is not assigned to a specific person.