Purchase Terms and Conditions

The conclusion of a contract between the Buyer and the Seller may occur in two ways.

Before placing an order, the Buyer has the right to negotiate all provisions of the contract with the Seller , including those amending the provisions of the following terms and conditions. These negotiations should be conducted in writing and addressed to the Seller's address:

Mydecor Sp. z o. o., ul. Ostródzka 112A, 03-289 Warsaw

If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.

STATUTE

§1 Definitions

Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.
Complaints address:

Mydecor Sp. z o. o.

Ostródzka Street 112A

03-289 Warsaw

Delivery price list – located in the "shipping costs" tab, under the link - CLICK HERE , a list of available delivery types and their costs.
Contact details:

Mydecor Sp. z o. o., ul. Ostródzka 112A, 03-289 Warsaw

e-mail: biuro@mydecor.pl , telephone: (22) 884 80 83

Delivery – type of transport service along with the carrier and cost specified in the delivery price list available at http://www.mydecor.pl/koszt-dostawy
Proof of purchase – invoice, bill or receipt issued in accordance with the Act on Tax on Goods and Services of 11 March 2004, as amended, and other applicable legal provisions.
Product card – a single subpage of the store containing information about a single product .
Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
Civil Code – the Civil Code Act of 23 April 1964, as amended.
Code of good practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
Consumer – an adult natural person with full legal capacity who makes a purchase from the Seller that is not directly related to his or her business or professional activity.
Basket – a list of products prepared from the products offered in the store based on the Buyer’s choices.
Buyer – both Consumer and Customer .
Place of delivery of the goods – postal address or collection point indicated in the order by the Buyer .
The moment of delivery of the item – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
Payment – method of payment for the subject of the contract and delivery listed in the "Payment methods" tab at http://www.mydecor.pl/formy-platnosci
Consumer law – Consumer Rights Act of 30 May 2014.
Product – the minimum and indivisible quantity of items that may be the subject of an order , and which is given in the Seller’s store as a unit of measurement when determining its price (price/unit).
Subject of the contract – products and delivery that are the subject of the contract.
Subject of the performance – the subject of the contract.
Pick-up point – the place of delivery of the goods, which is not a postal address, listed in the list provided by the Seller in the store .
Item – a movable item that may be or is the subject of a contract .
Shop – online service available at www.mydecor.pl, through which the Buyer can place an order .
Seller:
Mydecor Sp. z o. o., ul. Juranda ze Spychowa 65B, 03-257 Warsaw

NIP: 5242759978 , REGON: 146714019 , GIODO: in the process of registration,

KRS: 0000465098, visible in the KRS at: http://www.krs-online.com.pl/mydecor-sp-zoo-krs-880109.html

BANK ACCOUNT: 89 1140 2004 0000 3202 7476 1833
System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
Completion date – the number of hours or business days specified on the product card .
Contract – a contract concluded away from the business premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers .
Defect – both a physical defect and a legal defect.
Physical defect – non-conformity of the sold item with the contract, in particular if the item:
1. it does not have the properties that a thing of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;
2. does not have the properties of which the Seller assured the Consumer ,
3. is not suitable for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objections to such purpose;
4. was delivered to the Consumer in an incomplete state;
5. in the event of incorrect installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller ;
6. it does not have the properties assured by the manufacturer or his representative or the person who introduces the item into circulation within the scope of his business activity and the person who, by placing his name, trademark or other distinguishing mark on the sold item, presents himself as the manufacturer, unless the Seller was not aware of these assurances or, judging reasonably, could not have been aware of them or they could not have influenced the Consumer's decision to conclude the contract , or their content was corrected before the conclusion of the contract.
Legal defect – a situation when the sold item is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
Order – a declaration of will of the Buyer submitted through the store , clearly specifying: the type and quantity of products ; type of delivery ; type of payment ; place of delivery of the goods , Buyer’s data and aiming directly at concluding a contract between the Buyer and the Seller .

§2 General conditions

The contract is concluded in Polish, in accordance with Polish law and these regulations.
The place of delivery of the item must be located in the territory of the Republic of Poland.
The Seller is obliged and undertakes to provide services and deliver goods free from defects .
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include shipping costs, which are specified in the shipping price list .
All time limits are calculated in accordance with Article 111 of the Civil Code , i.e. a time limit expressed in days ends on the last day, and if the beginning of a time limit expressed in days is a certain event, the day on which that event occurred is not taken into account when calculating the time limit.
Confirmation, disclosure, recording and securing of all essential provisions of the contract in order to obtain access to this information in the future takes the form of:
1. confirmation of the order by sending to the specified e-mail address: the order, a pro forma invoice, information on the right to withdraw from the contract, these regulations in PDF format, a sample withdrawal form in PDF format, links to download the regulations and the sample withdrawal form;
2. attaching to the completed order , sent to the indicated place of delivery of printed items : proof of purchase , information on the right to withdraw from the contract, these regulations, and a sample withdrawal form.
The Seller informs about any warranties known to him provided by third parties for products available in the store .
The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear the costs in the amount resulting from the agreement he has concluded with a third party providing him with a specific service enabling distance communication.
The Seller guarantees to the Buyer using the system that the store will function correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain the full functionality of the www.mydecor.pl store, all of them should be disabled.
The Buyer may choose to have their data remembered by the Store to facilitate the process of placing subsequent orders . To do this, the Buyer must provide a login and password, which are necessary to access their account. The login and password are a sequence of characters set by the Buyer , who is obligated to keep them confidential and protect them from unauthorized access by third parties. The Buyer may view, correct, update, or delete their account in the Store at any time.
The seller complies with the code of good practice .

§3 Conclusion of the contract and implementation

Orders can be placed 24 hours a day.
In order to place an order , the Buyer should perform at least the following steps, some of which may be repeated multiple times:
1. adding a product to the cart ;
2. selection of delivery type;
3. selection of payment type;
4. selection of the place of delivery of the goods ;
5. placing an order in the store by using the " Order and pay" button, which is equivalent to the obligation to pay.
The conclusion of the contract with the Consumer takes place at the moment of placing the order .
The Consumer's order paid on delivery shall be fulfilled immediately, and the order paid by bank transfer or via an electronic payment system shall be fulfilled after the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order , unless the Consumer was unable to fulfill the service through no fault of his own and informed the Seller thereof.
The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller , of which the Customer is informed within 48 hours of placing the order .
The Customer's order paid cash on delivery is fulfilled immediately after the conclusion of the contract , and the order paid by bank transfer or via an electronic payment system after the conclusion of the contract and the Customer's payment is credited to the Seller's account.
The fulfillment of the Customer's order may be dependent on payment of all or part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order cash on delivery (payable on delivery).
The subject of the contract will be shipped within the time specified on the product card , and for orders consisting of multiple products, within the longest time specified on the product cards . The time period begins upon order fulfillment.
The purchased subject of the contract is sent, together with the sales document selected by the Buyer, by the type of delivery selected by the Buyer to the place of delivery of the goods indicated by the Buyer in the order , together with the attached attachments referred to in §2 point 6b.

§4 Right to withdraw from the contract

The consumer has the right to withdraw from a distance contract under Article 27 of the Consumer Law without giving any reason and without incurring any costs, except for the costs specified in Article 33 and Article 34 of the Consumer Law .
The time limit for withdrawal from a distance contract is 14 days from the date of delivery of the item , and to meet the time limit it is sufficient to send a declaration before its expiry.
The Consumer may submit a declaration of withdrawal from the contract on the form, the template of which constitutes Annex 2 to the Consumer Law , on the form available at , click HERE.

or in another form consistent with Consumer Law .

The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the contract and another one if provided in the submitted declaration) receipt of the declaration of withdrawal from the contract.
In the event of withdrawal from the contract, the contract is deemed not to have been concluded.
The consumer is obligated to return the item to the Seller immediately, but no later than 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry.
The consumer returns the items that are the subject of the contract from which he has withdrawn at his own expense and risk.
The consumer is liable for any reduction in the value of the item that is the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer , return to the Consumer all payments made by him, including the costs of delivery of the goods, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller , the Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law .
The Seller shall refund the payment using the same payment method used by the Consumer , unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.
The Seller may withhold the refund of the payment received from the Consumer until it receives the goods back or the Consumer provides proof of sending them back, whichever occurs first.
Pursuant to Article 38 of the Consumer Law, the consumer has no right to withdraw from the contract:
1. 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 expiry of the withdrawal period;
2. in which the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs;
3. where the subject of the performance is an item that spoils quickly or has a short shelf life;
4. 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 if the package was opened after delivery;
5. in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things;
6. where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
7. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur has informed the Consumer of the loss of the right to withdraw from the contract;
8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement.
The consumer shall not bear the costs of providing digital content that is not recorded on a tangible medium if he or she has not consented to the performance of the service before the expiry of the withdrawal period or has not been informed of the loss of his or her right of withdrawal at the time of giving such consent or the entrepreneur has not provided confirmation in accordance with Article 15 paragraph 1 and Article 21 paragraph 1 of the Consumer Law .

§5 Warranty

Pursuant to Article 558§1 of the Civil Code , the Seller completely excludes liability towards Customers for physical and legal defects (warranty).
The Seller is liable to the Consumer under the terms specified in Article 556 of the Civil Code and subsequent provisions for defects (warranty).
1. submit a statement requesting a price reduction;
2. submit a declaration of withdrawal from the contract;
In the case of a contract with a Consumer , if a physical defect is discovered within one year from the date of delivery of the item , it is assumed that it existed at the time the risk passed to the Consumer .
If the item sold has a defect , the consumer may:
1. submit a statement requesting a price reduction;
2. submit a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller , or the Seller has failed to fulfill its obligation to replace the item with a defect-free one or remove the defect, the Seller is not entitled to replace the item or remove the defect.
The Consumer may, instead of the removal of the defect proposed by the Seller , request the replacement of the item with a defect-free one or, instead of replacing the item, request the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller , and when assessing the excessive costs, the value of the item free from defects, the type and significance of the defect found, as well as the inconvenience to which the Consumer would be exposed in another manner of satisfaction, are taken into account.
The consumer cannot withdraw from the contract if the defect is insignificant.
If the item sold has a defect, the consumer may also:
1. demand the replacement of the item with a defect-free one;
2. demand removal of the defect.
3. declaration of a request for a price reduction;
4. declaration of withdrawal from the contract;
5. request the replacement of the item with a defect-free one;
6. request removal of the defect.
The Seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the other possible method of bringing the item into conformity with the contract.
If the defective item has been installed, the Consumer may request that the Seller disassemble and reassemble the item after replacing it with a defect-free item or removing the defect. However, the Consumer is obligated to bear a portion of the associated costs exceeding the price of the item sold, or may request that the Seller pay a portion of the disassembly and reassembly costs, up to the price of the item sold. If the Seller fails to fulfill this obligation, the Consumer is authorized to perform these activities at the Seller's expense and risk.
A Consumer who exercises warranty rights is obligated to deliver the defective item to the complaint address at the Seller's expense. If the nature of the item or the manner of its installation would make delivery of the item by the Consumer excessively difficult, the Consumer is obligated to make the item available to the Seller at the location where the item is located. If the Seller fails to fulfill this obligation, the Consumer is entitled to return the item at the Seller's expense and risk.
The costs of replacement or repair are borne by the Seller , except for the situation described in §5 point 10.
The Seller is obliged to accept a defective item from the Consumer in the event of exchanging the item for a defect-free one or withdrawing from the contract.
The Seller will respond within fourteen days to: the statement requesting a price reduction;
1. declaration of a request for a price reduction;
2. declaration of withdrawal from the contract;
3. request the replacement of the item with a defect-free one;
4. request removal of the defect.
Otherwise, it is deemed that he has considered the Consumer's statement or request justified.
The Seller is liable under the warranty if a physical defect is discovered within two years from the date of delivery of the item to the Consumer , and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer .
The Consumer's claim to remove the defect or replace the sold item with a defect-free item shall expire after one year from the date the defect was discovered, but not earlier than two years from the date of delivery of the item to the Consumer , and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer .
If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer , the Seller is liable under the warranty for physical defects of the item found before the expiry of that period.
Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer requested replacement of the item with a defect-free one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction shall begin upon the ineffective expiry of the time limit for replacement of the item or removal of the defect.
If one of the warranty rights is asserted before a court or arbitration tribunal, the time limit for exercising other rights to which the Consumer is entitled under that warranty is suspended until the proceedings are finally concluded. This also applies accordingly to mediation proceedings, with the time limit for exercising other warranty rights to which the Consumer is entitled beginning on the date the court refuses to approve the settlement reached before the mediator or the mediation is unsuccessful.
§5 points 15-16 shall apply to the exercise of warranty rights for legal defects of the sold item, provided that the period begins to run from the day on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of a third party action – from the day on which the judgment issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has submitted a declaration of withdrawal from the contract or a price reduction, they may demand compensation for the damage they suffered by entering into the contract without knowing of the defect, even if the damage resulted from circumstances for which the Seller is not responsible. In particular, they may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing, and insuring the goods, reimbursement of expenses incurred to the extent to which they did not benefit from them and did not receive reimbursement from a third party, and reimbursement of legal costs. This does not prejudice the provisions on the obligation to compensate for damages under general principles.
The expiry of any deadline for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
If the Seller is obliged to provide a service or financial benefit to the Consumer , it will do so without undue delay, no later than the time limit provided for by law.

§6 Privacy policy and personal data security

The administrator of the databases of personal data provided by the store's Consumers is the Seller .
The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997, and the Act on the Provision of Electronic Services of July 18, 2002. By providing their personal data to the Seller when placing an order, the Buyer consents to their processing by the Seller for the purpose of fulfilling the order. The Buyer has the ability to view, correct, update, and delete their personal data at any time.
Detailed rules for collecting, processing and storing personal data used to fulfill orders by the store are described in the Privacy Policy, which can be found at: http://www.mydecor.pl/polityka-prywatnosci

§7 Final provisions

None of the provisions of these regulations are intended to violate the Buyer's rights. Nor may they be interpreted in such a way, because in the event of any inconsistency of any part of the regulations with applicable law, the Seller declares unconditional compliance with and application of that law in place of the challenged provision of the regulations.
Registered Buyers will be notified of any changes to the Terms and Conditions and their scope electronically (to the email address provided during registration or ordering). Notification will be sent at least 30 days before the new Terms and Conditions come into effect. Changes will be made to align the Terms and Conditions with applicable law.
The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab ( http://www.mydecor.pl/regulamin-zakupow ). During order fulfillment and throughout the entire period of after-sales support, the Terms and Conditions accepted by the Buyer when placing the order apply. This is unless the Consumer deems them less favorable than the current ones and informs the Seller of their choice to use the current ones.
In matters not regulated by these Terms and Conditions, the relevant applicable legal provisions shall apply. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or through arbitration proceedings at the Provincial Inspectorate of Trade Inspection, or through equivalent and lawful methods of pre-litigation or out-of-court resolution of disputes indicated by the Consumer .
Ultimately, the matter is decided by the court with local and material jurisdiction.

Warsaw, December 25, 2014