DEFINITIONS
Administrator – MARKET CHIŃSKI S.C., the entity listed in the Terms and Conditions, managing the Service, and being its owner;
Client – a natural person, a legal entity, or another entity possessing the legal capacity to enter into an Agreement, placing an Order on the Service;
Consumer – a Client who is a natural person, placing an Order and entering into a Sales Agreement for purposes not directly related to their business or professional activities;
Special Offer – promotional actions offered by the Seller when placing an order or after the order has been placed;
Products – movable items that are the subject of sale through the Service;
Terms and Conditions – these Terms and Conditions;
Service – the online portal located at www.domain.com, within which the offer to purchase Products is presented and the Agreement is concluded;
Seller – MARKET CHIŃSKI S.C., based at ul. Ogrodowa 2, 43-450 Ustroń, NIP no. 5482643850, email: [email protected];
Provision of Services Electronically / Electronic Services – the provision of a Service to the User, which occurs through the sending and receiving of data via teleinformatics systems, at the individual request of the User, without the simultaneous presence of the parties, whereby the data is transmitted via a telecommunications network;
Sales Agreement – an agreement under which the Seller commits to transferring ownership of the Product to the Client, and the Client commits to receiving the Product and paying the Seller the price;
Services – services covered by these Terms and Conditions, consisting in particular of:
- providing Users access to the Service;
- making available marketing content and commercial information;
- making available the Order Form;
- transferring data from the Order Form to the Seller;
- transferring data concerning the Order from the Seller to the User;
User – an adult natural person using the Service with full legal capacity, as well as a minor or a person without full legal capacity to act, with the consent of a legal representative;
Voucher – a voucher purchased or received by the Client, issued by the Seller, containing at least the value and expiration date, entitling the Client to reduce the selling price of a Product by the Voucher’s value, under the conditions specified in the Terms and Conditions and the Voucher Usage Rules, which are attached to the Terms and Conditions.
Order – the Client’s declaration of intent, aimed directly at entering into a Sales Agreement for Products, specifying the type and quantity of Products, placed through the Order Form located on the Service or in the manner referred to in Part IV of the Terms and Conditions;
GENERAL PROVISIONS
The Terms and Conditions specify:
- the rules for Users to use the Service;
- the rules for placing an Order and entering into an Agreement;
- the rules for fulfilling the Order and delivery;
- the procedure for handling complaints.
Using the Service requires having a current internet browser and a device capable of operating it. Each User ensures their own access to these devices and systems independently.
The Administrator of the Service is MARKET CHIŃSKI S.C., based at ul. Ogrodowa 2, 43-450 Ustroń, NIP no. 5482643850, email: [email protected];
Starting to use the Services is equivalent to familiarizing oneself with the content and accepting the Terms and Conditions, Privacy Policy, Cookie Policy, and other documents regulating the provision of Services through the Service. The Administrator provides Services exclusively under the conditions specified in the Terms and Conditions and does not consent to using the Service contrary to the Terms and Conditions.
The Administrator is the owner of the Service and provides Services through it. The Administrator is responsible for presenting commercial information regarding Products and enabling Users to place Orders and enter into Sales Agreements with the Seller for Products. The Administrator is not the Seller of the Products and, to the extent permitted by law, does not bear responsibility related to the Products and the Agreement.
When using the Service, the User is obliged to comply with the law and good manners, considering the respect for personal goods and intellectual property rights of third parties. In particular, the User may not use the Service in a way that disrupts its functioning, e.g., by using specific software or devices, or by sending or placing any of their own content, including unsolicited commercial information. The User may not provide the Seller or the Administrator with unlawful, offensive content, or content that may be misleading. The Administrator reserves the right to restrict Users from using the Service if unwanted activities are detected.
The rules for processing personal data by the Administrator and the Seller are contained in the Privacy Policy.
ORDERING AND ENTERING INTO A SALES AGREEMENT
Information about the quantity of Product packages and their prices placed on the Service constitutes an offer within the meaning of the applicable laws. Acceptance of the offer occurs by placing an Order. Placing an Order constitutes the Client’s declaration of intent to enter into an Agreement and acceptance of the offer.
If the price of a Product presented on the Service is reduced compared to the regular price, the Special Offer is valid only until it is modified or removed from the Service by the Administrator. The Seller may also direct a Special Offer to the Consumer during a telephone conversation, as mentioned in section 6.
Placing an Order is possible after the Client accepts the Terms and Conditions.
Placing an Order occurs by performing the technical actions indicated on the Service, consisting in particular of filling out the fields of the Order Form, accepting the Terms and Conditions, and instructing the system to enter the Order into the Service by pressing the order button.
Placing an Order may also occur during a telephone conversation between the Client and the Seller’s representative, if the Seller provides such an option.
The Client bears full responsibility for the accuracy of the data entered into the Service. The Administrator reserves the right not to transfer incomplete, false, duplicate data, or data for other reasons indicating their falsehood or unreliability to the Seller. The Seller reserves the right to refuse to fulfill the Order if the verification of the Order data from the above or other reasons makes its execution impossible.
In the event that the Client makes a payment for the Products before the Administrator or Seller conducts the verification referred to in section 6, the funds are returned to the Client immediately after it is determined that fulfilling the Order is impossible, no later than within 14 days from the date of placing the Order.
The Seller’s verification activities include, in particular, the automatic verification of Order data, email or telephone contact to confirm data accuracy. Refusal to conduct verification activities or the inability to complete them may result in the cancellation of the Order, in accordance with section 6.
The Sales Agreement is concluded upon the occurrence of the first of the following events:
- the Client making a payment for the Products;
- the Client receiving the Products.
After the Client places an Order, the Seller sends the Client an Order confirmation.
At the Client’s request and in accordance with applicable regulations, the Seller provides the Client with a VAT invoice. The request for an invoice should be made to the Seller when placing the Order.
PRICES AND PAYMENT METHODS
Prices of Products and Special Offers are presented in the currency applicable in the country of sale. Prices include VAT and customs duties and other similar charges related to the sale and transport of Products to a location within the area where the Seller operates.
Prices do not include customs duties or other similar charges related to the transport of Products to a location outside the Seller’s operational area.
The Seller applies cash on delivery, payment via credit card, and payment via PayPal or other payment intermediaries. Payment methods used by the Seller may vary depending on the country of sale and are listed on the Service.
DELIVERY OF PRODUCTS
Delivery of Products is carried out through a courier company.
Delivery costs are presented when placing an Order. If delivery costs are not presented, delivery is free.
Standard shipping of Products occurs within 3 business days from the day the Order is placed (order processing time). The standard delivery time is 3 business days from the day of shipping (delivery time). The courier makes two delivery attempts, after which the package may wait for the Client to collect it at the courier’s pickup point.
In case of non-delivery of Products to the Client, the Seller attempts to contact the Client. Reshipment is carried out at the Client’s expense. If the shipment remains unsuccessful, the Seller has the right to withdraw from the Agreement. In such a case, the Seller refunds the Client the price, if paid, reduced by the shipping costs.
The Client is obliged to inspect the Products immediately upon delivery to determine whether the Products have been damaged during delivery. The Client bears the risk of accidental damage to the Products during delivery. In case of Product damage, the Client must immediately contact the Seller. The Client may also report a defect under warranty.
In the case of a Client who is not a Consumer, the risk of accidental damage or loss of Products transfers to the Client at the moment the Products are handed over to the carrier.
WITHDRAWAL FROM THE CONTRACT
A Consumer has the right to withdraw from the Agreement within 14 days from the day they receive the Product, without providing any reason. The declaration of withdrawal from the Agreement may be made in written or electronic form.
To exercise the right to withdraw from the Agreement, the Consumer may use the withdrawal form attached to the Terms and Conditions or submit their own unambiguous declaration.
To preserve the withdrawal deadline, it is sufficient to send the withdrawal declaration before the deadline expires.
The right to withdraw from the Agreement is excluded in cases where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, provided that the package has been opened by the Consumer after delivery. The exclusion of the possibility to withdraw from the Agreement, as mentioned here, particularly applies to Products in the categories: dietary supplements, cosmetics, medical devices.
If a Consumer withdraws from the Agreement, it is considered void. The Seller refunds the Consumer all funds received from them, excluding costs resulting from the method of delivery chosen by the Consumer, other than the cheapest ordinary delivery method offered by the Seller.
If a Consumer withdraws from the Agreement, the Consumer is obliged to return the Products received from the Seller at their own expense within 14 days from the day of submitting the withdrawal declaration. Returns by cash on delivery will not be accepted. The return should include all items received by the Consumer from the Seller, including items received for free as part of the placed Order.
The refund is made within 14 days from the day the Seller receives the returned Products from the Consumer or confirmation of the Products’ dispatch, whichever occurs first. The provisions of Art. VI sections 6-8 apply accordingly.
If the Client’s Order included several Products or a Product and one or more Vouchers, the Consumer may not withdraw only from part of the Agreement. A declaration of partial withdrawal from the Agreement submitted by the Seller is treated as a withdrawal from the entire Agreement.
COMPLAINTS
If a Product has physical defects, the Seller is liable under warranty in accordance with applicable laws. To process a complaint, the Client must submit a complaint and – if the complaint assessment requires it – return the shipment to the Seller. Similarly, the Client may submit a complaint regarding the provision of Services by the Administrator, in which case the complaint should be directed to the Administrator.
A complaint submission should include:
- the Client’s identification and contact details;
- the date of purchase and the name of the Product;
- a detailed listing of the Product’s defects;
- a description of when and under what circumstances the Product’s defects were identified;
- the complainant’s requests;
- information allowing the fulfillment of the request (e.g., shipping address or bank account number);
- if the complaint concerns Services – a description and date of the occurrence of the irregularity.
Complaints are submitted to the Seller (i) in writing or (ii) via email.
The Seller processes complaints within 14 days from the day they are received. The Seller sends a response to the complaint on a durable medium.
In the case of a Sales Agreement concluded with a Client who is not simultaneously a Consumer, the Seller’s liability under warranty for Product defects is excluded.
If, as a result of accepting the complaint, funds are to be refunded to the Client, the Seller informs the Client whether they will demand the return of the Products before refunding the funds to the Client. The refund is carried out within 14 days from the day the complaint is resolved or the Products are received by the Seller, whichever occurs first. The provisions of Art. VI sections 6-8 apply accordingly.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS
A Client wishing to submit a complaint or claim against the Seller may use out-of-court methods of handling complaints and claims. Using these methods is voluntary and can occur if both parties to the dispute agree to it.
The European Commission provides a platform for online dispute resolution between Consumers and Traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/.
FINAL PROVISIONS
For matters not regulated by these Rules, the provisions of the Terms and Conditions apply.
Changes to these Rules made by the Seller do not affect Vouchers issued before the day they were made.
MODEL DECLARATION OF WITHDRAWAL FROM THE AGREEMENT
(Note: Include the model form as a separate document or attachment.)
VOUCHER USAGE RULES
GENERAL PROVISIONS
These rules apply exclusively to Vouchers issued by the Seller.
All terms written with a capital letter have the meanings assigned to them in the Terms and Conditions.
These rules are not intended to limit the rights of Consumers granted to them based on absolutely mandatory legal provisions. In every case where such legal provisions grant Consumers rights beyond those provided by these Rules, the relevant legal provisions apply.
VOUCHERS
The issuer of Vouchers is the Seller.
Vouchers may be issued in paper or electronic form.
Vouchers are valid for no less than 3 and no more than 6 months from the date the Client places the Order. The Voucher’s validity is indicated on the Voucher and recorded electronically by the Seller.
Vouchers have a value indicated as a specified amount in a specified currency.
Vouchers are bearer instruments and may be transferred by the Client to a third party.
Vouchers have a unique number (“Voucher Code”) displayed on the Voucher.
The Client acknowledges that in the event of losing or misplacing a Voucher, the Seller is not obliged to provide the Client with a new Voucher or the lost Voucher’s code.
VOUCHER USAGE RULES
Vouchers entitle a Client making purchases on the Service to reduce the price of any Product purchased on the Service by the nominal value of the Voucher, but not exceeding the Product’s price. The Voucher is used by entering the Voucher Code in a specially designated field during the finalization of the Order on the Service.
A Voucher cannot be used to reduce the delivery price of the Product to the Client or other additional charges related to the Order.
A Voucher can only be used in full. If the value of the Order purchased using the Voucher is lower than the Voucher’s value, the difference is not payable in cash or any other manner.
Vouchers are not exchangeable for cash nor for a Voucher of a different amount or expiration date, unless the Voucher provided to the Client does not meet the requirements mentioned in point II.3.
Vouchers do not stack. When fulfilling one Order, the Client can use only one (1) Voucher.
Vouchers can only be used on the Service.
COMPLAINTS AND WITHDRAWAL
For complaints and withdrawals related to Orders that included Vouchers or in which the Client used a Voucher, the Terms and Conditions apply, taking into account the following provisions.
In the case of a Consumer submitting a declaration of withdrawal from an Agreement where one or more Vouchers were part of the Order:
- the declaration of withdrawal covers the entire Order and cannot be made only for part of the Order;
- the Client withdrawing from the Agreement is obliged to return the Vouchers to the Seller or provide their codes for verification and deactivation;
- in case of not returning the Vouchers or their codes, or in case of determining the execution of the Vouchers, the Seller has the right to refuse the refund of the corresponding part of the sale price.
In the case of a Consumer submitting a declaration of withdrawal from an Agreement where the Consumer used a Voucher, the refund of the sale price occurs by transferring to the Consumer the actually paid price and a Voucher with an expiration date matching the used Voucher’s expiration date. If the Voucher’s expiration date has passed between the sale date and the date of submitting the withdrawal declaration, only the actually paid price by the Consumer is refundable.
In the case of a Client submitting a complaint regarding an Order that included one or more Vouchers:
- addressing a complaint regarding a Product may also include refunding the price paid for the Vouchers;
- in the case mentioned in point 4.1, the condition for refunding the price for Vouchers is their return or providing the Seller with the Voucher Codes for deactivation;
- in case of using a Voucher, refunding the Voucher’s price is not possible.
In the case of a Client submitting a complaint regarding an Order in which the Client used a Voucher, the refund of the sale price occurs by transferring to the Client the actually paid price and a Voucher with an expiration date matching the used Voucher’s expiration date. If the Voucher’s expiration date has passed between the sale date and the date of submitting the withdrawal declaration, the Client is granted a new Voucher or Vouchers with an expiration date not shorter than 3 months.
FINAL PROVISIONS
For matters not regulated by these Rules, the provisions of the Terms and Conditions apply.
Changes to these Rules made by the Seller do not affect Vouchers issued before the day they were made.