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Store Terms and Conditions

Governing, among other things, the rules for entering into contracts through the Store, containing the most important information about the Seller, the Store, and Consumer rights.

 

§ 1 DEFINITIONS

  1. Business Days – days from Monday to Friday, excluding public holidays in Poland.
  2. Consumer – a Buyer who is a natural person, purchasing from the Store or taking steps towards making a purchase, with no direct connection to their business or professional activity.
  3. Account – a digital service, governed by a separate set of terms, within the meaning of the Consumer Rights Act, through which the Buyer may free of charge use additional features in the Store.
  4. Buyer – any entity purchasing from the Store or taking steps towards making a purchase.
  5. Privileged Buyer – a Consumer or Privileged Entrepreneur.
  6. Privileged Entrepreneur – a Buyer who is a natural person, entering into or intending to enter into a contract with the Seller under these Terms and Conditions that is directly related to their business activity, but is not of a professional nature for them.
  7. Terms and Conditions – these terms and conditions.
  8. Store – the Mazetown online store operated by the Seller at www.maze.town.
  9. Seller – MAZETOWN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at KAROLA TAYLORA 4A/37, 02-495 WARSAW, entered in the National Court Register – the register of entrepreneurs by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0001209186, NIP 5223356009, REGON number 543421161, share capital PLN 200,000.00.
  10. Digital Content – data produced and delivered in digital form.
  11. Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Karola Taylora 4a/37, 02-495 Warsaw
  2. Email address: kontakt@maze.town
  3. Phone: +48 726445052
  4. The cost of a telephone call or data transmission made by the Buyer is determined by the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller draws attention to the fact that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

  1. For the Store to function properly, the following are required:
    • a device with internet access
    • a web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of products displayed in the Store are the total prices for the product.
  2. The product selected for purchase must be added to the shopping cart in the Store.
  3. The Buyer then selects a payment method for the order from the options available in the Store, and provides the data necessary to fulfil the placed order.
  4. The order is placed at the moment the Buyer confirms its content and accepts the Terms and Conditions.
  5. Placing an order is equivalent to entering into a contract between the Buyer and the Seller.
  6. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their details with each potential order.

§ 5 PAYMENTS

  1. The following payment methods are available in the Store:
    1. standard bank transfer to the Seller’s bank account;
    2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. via the payment platform:
      • Paynow
  2. If the Buyer chooses upfront payment, the order must be paid within 14 Business Days of placing the order.
  3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.
  4. The entity providing online payment processing for card payments is Autopay S.A.

§ 6 ORDER FULFILMENT

  1. The order fulfilment time is indicated in the Store.
  2. If the Buyer chose upfront payment for the order, the Seller will begin fulfilling the order after it has been paid.
  3. In a situation where, within a single order, the Buyer has purchased products with different fulfilment times, the order will be fulfilled within the time applicable to the product with the longest fulfilment time.
  4. Products purchased from the Store are delivered electronically, using the email address provided by the Buyer when placing the order.

§ 7 RIGHT OF WITHDRAWAL

  1. The Privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The withdrawal period expires after 14 days from the date of conclusion of the contract for the delivery of Digital Content.
  3. In order for the Privileged Buyer to exercise the right of withdrawal, they must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or by email).
  4. The Privileged Buyer may use the model withdrawal form included at the end of the Terms and Conditions, but this is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the information regarding the exercise of their right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF WITHDRAWAL

  1. In the event of withdrawal from the concluded contract, the Seller shall refund to the Privileged Buyer all payments received from them promptly, and in any event no later than 14 days from the day on which the Seller was informed of the Privileged Buyer’s decision to exercise the right of withdrawal.
  2. The Seller will make the refund using the same payment methods as were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in any event the Privileged Buyer will not incur any fees in connection with this refund.
  3. In the event that a refund is necessary for a transaction made by the Privileged Buyer by payment card, the Seller will make the refund to the bank account associated with that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a distance contract referred to in § 7 of the Terms and Conditions does not apply to a contract for the delivery of Digital Content for which the Privileged Buyer is obliged to pay a price, if the following conditions are met cumulatively:
    • the Seller has begun performance with the express and prior consent of the Privileged Buyer;
    • the Privileged Buyer was informed before the commencement of performance that, once the Seller has completed performance, they will lose the right of withdrawal, and acknowledged this;
    • the Seller has provided the Privileged Buyer with a legally compliant confirmation of the conclusion of the distance contract, including information about the aforementioned consent, on a durable medium within a reasonable time after the conclusion of the contract, at the latest before the commencement of performance.

§ 9 COMPLAINTS

I. GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for the conformity of performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints (including those relating to the functioning of the Store) be submitted to the postal or electronic address indicated in § 2 of the Terms and Conditions.
  3. If a warranty has been granted on a product, information about it, as well as its terms, is available in the Store.
  4. The Seller will respond to a complaint within 14 days of receiving it.

II. PRIVILEGED BUYERS

  1. Digital Content
    1. In the event of improper fulfilment by the Seller of a contract for the delivery of Digital Content, the Privileged Buyer may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
    2. If the Seller has not delivered the Digital Content, the Privileged Buyer may call upon them to deliver it. If the Seller still fails to deliver the Digital Content immediately or within an additional period expressly agreed by the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the contract.
    3. The Privileged Buyer may withdraw from the contract without calling upon the Seller to deliver the Digital Content if:
      • it is clear from the Seller’s statement or from the circumstances that they will not deliver the Digital Content, or
      • the Privileged Buyer and the Seller have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific deadline for the delivery of the Digital Content was of material importance to the Privileged Buyer, and the Seller failed to deliver it by that deadline.
    4. The Seller is liable for a lack of conformity of the Digital Content with the contract that existed at the time of its delivery and became apparent within two years from that time.
    5. If the Digital Content does not conform to the contract, the Privileged Buyer may demand that it be brought into conformity with the contract.
    6. In the event of a lack of conformity of the Digital Content with the contract, the Privileged Buyer is obliged to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means available to them, in order to determine whether the lack of conformity of the Digital Content with the contract within the relevant time is due to the characteristics of the Privileged Buyer’s digital environment.
    7. Additionally, if the Digital Content does not conform to the contract, the Privileged Buyer may submit a declaration of:
      1. a price reduction,
      2. withdrawal from the contract,

      when:

      • bringing the Digital Content into conformity with the contract is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
      • the Seller has not brought the Digital Content into conformity with the contract within a reasonable time from the moment the Seller was informed by the Privileged Buyer of the lack of conformity, and without excessive inconvenience to the Privileged Buyer, taking into account their nature and the purpose for which they are used;
      • the lack of conformity of the Digital Content with the contract persists, even though the Seller has attempted to bring the Digital Content into conformity with the contract;
      • the lack of conformity of the Digital Content with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior recourse to the protective measure set out in Article 43m of the Consumer Rights Act (i.e. demanding that the Digital Content be brought into conformity with the contract);
      • it is clear from the Seller’s statement or circumstances that they will not bring the Digital Content into conformity with the contract within a reasonable time or without excessive inconvenience to the Privileged Buyer.
    8. The Privileged Buyer may not withdraw from the contract on the basis of the previous provision if the Digital Content is delivered in exchange for payment of a price and the lack of conformity of the Digital Content with the contract is minor.
    9. The Seller is obliged to refund the Privileged Buyer the price due as a result of exercising the right of withdrawal referred to in this section (concerning Digital Content), or a price reduction, promptly, no later than within 14 days from the date of receipt of the Privileged Buyer’s declaration of withdrawal or price reduction.
    10. The Seller makes the price refund using the same payment method used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to a different refund method which does not entail any costs for them.
  2. Out-of-court complaint resolution and claims procedures
    1. The Seller informs the Consumer of the possibility of using out-of-court methods for resolving complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorised to handle out-of-court dispute resolution. The Consumer may use, among other things, the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of European Consumer Centres is in principle free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/.
      In addition, in the territory of the Republic of Poland, the following forms of support are available:

      • mediation conducted by the competent regional Trade Inspection Inspectorate, to which a request for mediation should be submitted. In principle, the proceedings are free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance from the competent regional permanent consumer arbitration court operating at the Regional Trade Inspection Inspectorate, to which an application for the examination of a case before the arbitration court should be submitted. In principle, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    2. The previous provision is for informational purposes only and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods.
    3. The use of out-of-court methods for resolving complaints and pursuing claims is voluntary for both the Seller and the Consumer.
    4. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

§ 10 PERSONAL DATA

  1. The controller of personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store – in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR“.
  2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the fulfilment of orders. The legal basis for processing personal data in this case is:
    • a contract or actions taken at the Buyer’s request aimed at concluding a contract (Article 6(1)(b) of the GDPR),
    • a legal obligation incumbent on the Seller, related in particular to accounting (Article 6(1)(c) of the GDPR), and
    • the legitimate interest of the Seller, consisting in processing data for the purpose of establishing, pursuing or defending potential claims (Article 6(1)(f) of the GDPR).
  3. The provision of data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will make it impossible to conclude a contract in the Store.
  4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller ceases to be in force;
    2. the Seller is no longer subject to a legal obligation requiring them to process the Buyer’s data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store expires;
    4. the Buyer’s objection to the processing of their personal data is accepted – where the legal basis for data processing was the Seller’s legitimate interest

    – whichever applies in a given case.

  5. The Buyer has the right to request:
    1. access to their personal data,
    2. rectification thereof,
    3. erasure,
    4. restriction of processing,
    5. data portability to another controller, as well as the right:
    6. to object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of their personal data based on Article 6(1)(f) of the GDPR (i.e. based on the legitimate interests pursued by the Seller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the details from § 2 of the Terms and Conditions.
  7. If the Buyer considers that their data is being processed unlawfully, the Buyer may lodge a complaint with the authority competent for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

  1. The Buyer is prohibited from providing unlawful content.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration of and for the purpose of fulfilling the order.
  3. All contracts concluded on the basis of these Terms and Conditions are subject to Polish law, subject to paragraph 4.
  4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not exclude or limit the rights of that Buyer granted to them under mandatory provisions of law applicable to the Consumer in situations where no choice of law has been made. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law – that broader protection shall apply.
  5. Contracts concluded under the Terms and Conditions are concluded in Polish.
  6. In the event of a potential dispute with a Buyer who is not a Privileged Buyer, arising from a contract concluded through the Store, the competent court shall be the court with jurisdiction over the Seller’s registered office.
  7. With regard to the use of the Store’s website and the functions available on it, the Website Terms and Conditions, available in the Store, shall apply.

 

Annex No. 1 to the Terms and Conditions

Below is a link to the model withdrawal form, which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:
MODEL WITHDRAWAL FORM