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TERMS AND CONDITIONS
Definitions:
1) Seller – it should be understood as the:
EU-Numismatics Anna Lembas ul. Grobla 6/30, 61-858 Poznań, Polska (which is the correspondence address);
NIP (the taxpayer identification number): 778-145-05-97, REGON (the statistical identification number): 361206153;
2) Store – online store run by the Seller on the www.MA-Shops.com website.
3) Buyer – a legal or natural person who has entered into contract of sale with the Seller on conditions determined by the Regulations.
4) Consumer - a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
5) Product – coins and other items available in the Store offered for sale by the Seller.
6) Price - specified in EURO the amount of gross remuneration (including the tax on goods and services - VAT) payable for the Seller for the transfer of ownership of the Product to the Client in accordance with the Sale Agreement. The price does not include delivery costs unless otherwise stated in the auction.
7) Order – it should be understood as the Buyer’s statement, which constitutes an offer to conclude a Sale Agreement;
8) Sale Agreement - sale agreement under the laws of the Polish Civil Code concerning the sale by the Seller for the Buyer of Products for payment of the Price plus any additional charges, including shipping costs, the terms of which are specified in particular by these Regulations, Sale Agreement – is concluded between the Client and the Seller using the means of remote communication after accepting the Order by the Seller under the terms specified by these Regulations. The Sale Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of the individual Sale Agreement. The Seller may enter into a Sale Agreement with a Non-Consumer Client also as a result of the conclusion of an agreement without the procedure set forth in these Regulations, as confirmed by e-mail at the request of the parties to the Sale Agreement.
9) Regulations – it should be understood as this document.
§ 1
1. The Seller offers Products for sale and is responsible for order processing and shipping services.
2. Detailed descriptions of the offered Products are given on the basis of actual condition. All Products are original and their authenticity is guaranteed unless otherwise stated in the description.
3. The gross price given next to the Product when placing the Order is binding at the time the Buyer places the order.
4. The Seller provides information on matters related to the Store and Order queries, including contracts of sale, at the following e-mail address: lembasik@wp.pl and telephone number +48 660-223-090.
§ 2
1. The Seller enables submitting Orders for Products through the website website www.MA-Shops.com.
2. The detailed terms and conditions of use for the electronic services of MA-shops are available in the "Help" section of the website www.MA-Shops.com.
3. In response to the Order the Seller immediately sends an automatic message to the email address provided by the Client with the confirmation of the receipt of the Order and commencing its verification.
4. After verifying the Order the Seller shall send a message to the Client at the e-mail address given:
a) with a confirmation of acceptance of an offer for the Product submitted within the Order and confirming the conclusion of the Sale Agreement; or
b) information on the inability to accept an offer for the Product submitted under the Order.
5. The Sale Agreement is concluded at the moment of confirmation of the offer.
6. In case of not being able to accept the offer submitted under the Order, the Sale Agreement shall not be concluded. If the payment for the Product was already made by the Client, the Seller shall immediately return the payment to the Client.
7. Information and prices presented on on the Store are not an offer in understanding of Polish Civil Code.
8. The Sale Agreement is concluded in Polish.
§ 3
1. By placing the Order the Client accepts the current selling price and his or her obligation to pay it.
2. The Client shall be obliged to pay for ordered Products in accordance with determined payment method, not later than 3 days from the day of the order (by crediting money on the bank account).
3. The Seller only accept transfers to bank account. The Client shall use the belowe details:
Company: EU-Numismatics
Street: Grobla 6/30
Post code: 61-858 Poznań
Country: Poland
Code Swift: ALB PPL PW
EU Vat Number: PL7781450597
4. We accept payments in the following currencies:
a) EUR – PL79 1910 1048 2273 8336 4981 0001
b) PLN – PL03 2490 0005 0000 4500 6529 1024
5. We accept payments by Credit Card and through PayPal.
6. The Seller does not offer "cash on delivery" payment.
7. The Seller ships Products internationally.
8. The ordered Products are shipped within 2 working days (does not apply to pre-order products).
9. The delivery time depends on the chosen method of delivery, it may change depending on the type of transport indicated by the Client.
10. Deliveries of the ordered Products are executed by Poczta Polska (Polish Post) or a courier company (Fedex, UPS).
11. The Client is obliged to cover all additional costs beyond the selling price for the delivery of the ordered goods, in particular customs duties, import duties, handling fees, or similar if the Client's obligation to cover these costs arise from the legal regulations applicable in the country of delivery. The Seller shall not be obliged to cover the above-listed additional payments.
§ 4
1. The Consumer has the right to withdraw from the Sale Agreement without justification by submitting the unambiguous statement of withdrawal to the Seller within 14 days of the date of delivery of ordered Products.
2. A declaration of withdrawal from the Sales Agreement may be submitted:
a) in a written form to the address: ul. Wrocławska 14/3, 61-838 Poznań, Poland;
3. The refund payment shall be returned within 14 days of receipt of the withdrawal statement of will.
4. Refund payments shall be made using the same payment methods that were used by the Consumer in the initial transaction, unless the Consumer expressly agreed otherwise
5. The Consumer shall not bear the costs related to the withdrawal from the agreement, except for:
a) costs of delivery of the ordered Product, which is higher than the cheapest shipping method offered by the Seller,
b) costs directly associated with the return of the Product ordered by the Consumer,
c) any custom duties which are applicable for orders from outside the European Union in the event the Customer chose a DDP (delivery duty paid) option as such custom charges are collected strictly on behalf of the regional customs authorities and are not charged by the Seller.
6. In the event of withdrawal from the contract declaration, the Seller is not liable for the return shipping expenses.
7. In the event that the Consumer exercises the statutory right of withdrawal, the Consumer is liable for the reduction 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. A model withdrawal form is attached as Appendix 2 to the Polish Act on Consumer Rights.
§5
1. The Seller is obliged to provide the Client with the Product without physical and legal defects.
2. The Seller shall not be held responsible for the warranty in the case of the defect if the Client had known about the defect of the Product at the time of entering into the Sale Agreement with the Seller.
3. All complaints should be reported to the Seller in writing by registered delivery to the postal address of the Seller, by using the e-mail address or by phone. The details of the Seller are specified in point 1 of the Definitions of this Regulation.
4. The basis and scope of responsibility of the Seller against the Client, if the Products sold has a physical defect or a legal defect, is defined in the provisions of the Polish Civil Code.
5. The complaint should include the Client’s details (name, surname, login or/and an e-mail address), as well as detailed description and reason for complaint. It is recommended that the Client provide in the description of the complaint information and circumstances justifying the complaint, in particular the nature and date of the occurrence of defect. Sending photos of the product to which the complaint relates can speed up the complaints process.
6. If it is necessary to process the complaint, a Client who executes its rights under the statutory warranty is obliged deliver the claimed Product to the address of the Seller at the Seller's expense. 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.
7. The Seller has 14 days to consider the Consumer's complaint.
8. The Seller does not agree to out-of-court dispute resolution (Alternative Dispute Resolution).
9. According to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (Online Dispute Resolution), the seller provides a link to the ODR platform: ec.europa.eu/consumers/odr.
§ 6
1. This point (§ 6) of the Regulations applies only to Clients who are not Consumers.
2. The Seller is entitled to withdraw from the Sales Agreement concluded with a non-Consumer Client within 14 days of its conclusion. Withdrawal from the Sale Agreement in this case may occur without giving the cause and does not generate any claims against the Seller against the non-Consumer Client.
3. According to art. 558 § 1 of the Civil Code, the liability of the Seller for the Product under the implied warranty for the Product for a non-Consumer Client is excluded.
4. Seller’s liability towards Clients who are not Consumers is limited to the liability for the actual damage suffered, with the amount limited to the price paid for the Goods.
§ 7
1. Personal data of the Client are processed by the Seller as the personal data administrator.
2. The Seller processes Client’s personal data exclusively in order to correctly perform services, including registering Clients, accepting and executing Orders, carrying out complaints procedures, using for this purpose the data included in the provided by the Client in Order – first and last name, address, phone number and e-mail address.
3. The disclosure of personal data by the Client is voluntary, but necessary to enter into a Sale Agreement.
4. Personal data of the Clients who place orders are processed for the time required to execute the provisions of the present agreement, in particular Orders accepted to be executed and the Complaints procedurę, unless that the law will oblige the Seller to process this data longer or the Seller will store it longer in the event of potential claims, for the limitation period specified by law, in particular the Civil Code,or for other purposes resulting from the implementation of our legitimate interests. In each case, the longer period of storage of personal data is decisive.
5. Clienta’ personal data will be transmitted to third parties, i.e. Deliverers, to the extent necessary to correctly execute the Client’s order.
6. Every Client has the right to access to their data, correction, demand to stop processing the data and opposition to the processing, at any moment. Such a demand shall be placed in writing directly to the address of the Seller. If a Client presents a demand which will make it impossible to execute an Order after it has been accepted, the Seller shall not be liable for non-performance or improper performance of the Order.
§ 8
1. The Polish law is appropriate for the obligation relations between the Client and the Seller, to the extent that the possibility of applying this law has not been excluded or limited by the norms of law established by the European Union bodies or the norms of international agreements to which the Republic of Poland is a party.
2. The disputes arising from the Regulations and the Sale Agreement will be resolved by the Polish common court having jurisdiction over the Seller, and this provision does not apply to Customers who are Consumers.
3. Provisions hereof are not designed to restrict or exclude any Clients' rights under the law. The Seller shall respect any and all Clients' rights stipulated in applicable laws, in particular those stipulated in the provisions of the Act dated 23 April 1964 - the Polish Civil Code, and the Act dated 30 April 2014 on consumer rights.
4. The Seller stipulates the right to amend these Terms and Conditions for important reasons covering:
a) amendments to the law,
b) organisational reasons.
5. Any Internet user may download this Regulations in printable format and save it on their own medium.
6. In cases not covered by the Regulations the following laws will apply: Act of April 23, 1964 – Civil Code (Dz.U. 1964, No. 16, item 93 as amended), Act of May 30, 2014, on consumer rights (Dz. U. 2014.827) and Act of July 18, 2002, on provision of services by electronic means (Dz. U. 2002, No. 144, item 1204 as amended).
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