ONLINE STORE REGULATIONS

 

§1

 General provisions

 

1. The online store, operating at www.muskari.pl (hereinafter referred to as Muskari), is run by Mateusz Krüger, conducting business under the name Muskari Mateusz Krüger with its registered office in Sierosław (62-081) at ul. Leśna 19 NIP 7772835719, REGON 523877505 (hereinafter referred to as the “Seller” who is also the Service Provider).
2. Contact details of the entrepreneur, enabling the Buyer to contact the Seller:

 

1) postal address: Sierosław ul.Leśna 19, 62-080 Sierosław;

 

2) e-mail address: kontakt@muskari.pl;

 

3) Contact Form available on the Muskari online store website.

 

3. To successfully place an order in Muskari, a device enabling browsing websites, as well as a keyboard or other device enabling correct completion of electronic forms, is required. To use some functionalities of the Muskari store, including registration, as well as placing orders for Products, an active e-mail account is required.

 

4. These Regulations are addressed to all users of muskari.pl and define the rules for registering and using the muskari.pl account, placing orders and concluding sales agreements for Products available at muskari.pl

 

5. Each user can access the Regulations at any time by using the "Regulations" link on the Muskari website, as well as by saving its PDF version on a durable medium of their choice.

 

6. Acceptance of the Regulations is voluntary, but necessary in order to create an Account and/or for the Customer to place an order, as well as to receive commercial and marketing information.

 

7. The Regulations are addressed exclusively to Customers and Service Recipients who are Consumers.

 

§2

 Definitions

 

For the purposes of these Regulations, the following terms are defined as follows:

 

Seller, Service Provider – Mateusz Krüger conducting business under the name of Muskari Mateusz Krüger with its registered office in Sierosław (62-081) at ul. Leśna 19, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, with: business address and correspondence address: Muskari Mateusz Krüger ul. Leśna 19, 62-080 Sierosław, NIP 7772835719. REGON 523877505,

 

Customer – a) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (b) a legal person; or (c) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.

 

Service Recipient - (a) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (b) a legal person; or (c) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.

 

Buyer - Customer or Service Recipient making purchases via the muskari.pl website

 

Account - Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about the Orders placed by him in Muskari are collected.

 

Newsletter – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.

 

Business Day – one day from Monday to Friday, excluding public holidays.

 

Registration Form – a form available in the Muskari online store enabling the creation of an Account.

 

Order Form – Electronic Service, interactive form available in the Online Store enabling the submission of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

 

Contact Form – Electronic Service, interactive form available in the Online Store enabling the submission of an Inquiry and providing your contact details.

 

Inquiry – the Customer's inquiry submitted using the Inquiry Form or using another means of distance communication provided by the Seller, aimed at receiving an offer from the Seller to conclude a Product Sales Agreement.

 

Product – (a) a movable item or (b) digital content (e.g. voucher) available in the Muskari online store, which is the subject of the Sales Agreement between the Customer and the Seller.

 

Order – the Customer's declaration of intent submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

 

Regulations – these regulations of the Online Store.

 

Muskari – the Service Provider's online store available at the following internet address: www.muskari.pl

 

Sales Agreement – (a) a Product sales agreement (in the case of movable items) and/or (b) a Product delivery agreement (in the case of digital content) concluded or entered into between the Customer and the Seller via the Online Store.

 

Electronic Service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and not being a Product.

Consumer Rights Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).

 

 §3

 Price, parties to the transaction, subject of the transaction

 

1. The prices of all goods visible on the Muskari website are gross prices (including VAT) and are expressed in Polish zlotys. Deviations from the Polish currency principle are clearly indicated. In the event of Poland's legally binding entry into the so-called Euro zone, prices on the Muskari website will be expressed in Polish zlotys and euros during the transitional period, and after its termination - in euros. In the event of doubts as to whether the price of the goods is expressed in Polish zlotys or euros, until Poland's legally binding entry into the so-called Euro zone, in the absence of a clear indication that the price is expressed in Euros, it should be understood that the price is expressed in Polish zlotys.

 

2. The prices displayed on the Muskari store website, as well as the descriptions of goods, constitute only commercial information, and not an offer within the meaning of the Civil Code. They become binding - for the purposes of concluding a specific contract - only upon confirmation of the acceptance of the order for execution by the Seller.

 

3. The price given for each product is valid until stocks run out.

 

4. The prices given for each product do not include shipping costs, shipping costs depend on the Buyer's choice of delivery method in the Order Form.

 

5. The Seller reserves the right to change the prices of products presented on the Muskari store website, to post information about new products, to conduct and cancel promotional campaigns on the Muskari website, or to introduce changes to them.

 

6. The Seller will make every effort to ensure that the products presented on the Muskari website match the Seller's current stock levels. In the event of unavailability of all or part of the product covered by the order, the Seller will immediately notify the Buyer. The Seller may release itself from the obligation by providing a substitute service of the same quality and purpose and for the same price, informing the Buyer in writing of its right not to accept this service and to withdraw from the contract, by returning the goods at the Seller's expense (Article 12, paragraph 3 of the Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271). In the event that the Seller is unable to provide the service due to the unavailability of the goods, the Seller shall immediately, but no later than thirty days from the conclusion of the contract (in accordance with § 2 paragraph 3 of these Regulations), notify the Buyer of this and return the entire amount of money received from him to the Buyer.

 

7. In the case of promotional sales and clearance sales for which a limited number of goods are intended, orders shall be placed or fulfilled in the order in which confirmed orders for these goods are received, until the stocks covered by this form of sale are exhausted. In the case referred to in this paragraph, the Seller reserves the right to establish a different order of concluding transactions or their implementation, and the Seller also reserves the right to introduce other special conditions relating to the conclusion or implementation of transactions. The Seller shall inform on the Store's website about any deviations from the principle of universality referred to in the second sentence of this paragraph.

 

8. To place an order in the Muskari online store, full acceptance of these Regulations is necessary.

 

§4

 Transaction

 

1. Orders in the Muskari online store can be placed by filling out the Order Form accordingly.

 

2. When placing an order, the Buyer is required to provide correct personal data: first and last name, exact address of residence, e-mail address and mobile phone number.

 

3. Muskari is not responsible for incorrectly and/or erroneously filled in fields by the Buyer or Service Recipient in the Order Form or Registration Form, if the shipment did not reach the addressee solely due to them.

 

4. After the electronic message about receipt of the order, acceptance of the order for execution will be confirmed by the Seller electronically. At the moment of confirmation of acceptance of the order for execution by the Seller, the contract is considered concluded.

 

5. The Seller will confirm to the Buyer the conclusion of the distance contract on a durable medium within a reasonable time after its conclusion, at the latest at the time of delivery of the item. Confirmation includes the information referred to in art. 12 sec. 1 of the Act of 30.5.2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683).

 

6. The information contained in the confirmation constitutes an integral part of the contract concluded at a distance or outside the company's premises and may be changed only by express agreement of the parties.

 

7. The order fulfillment procedure begins without undue delay after the conclusion of the contract.

 

§5

Payment

 

1. Payments for Products are made by the Buyer to the provided account number (transfer) or using electronic payment methods provided by a specialized payment institution with which the Seller, for the convenience of the Buyers, has concluded an agreement.

 

2. In connection with the above, the Seller provides the Buyer with the following payment methods under the Sales Agreement:

 a) via the online payment system of PayPro S.A. (“Przelewy24”);

 b) via the online payment system of PayPal Holdings Inc. (“PayPal”);

 c) by bank transfer to the Seller's account 46 1050 1533 1000 0090 8190 4329 .

 In the event of choosing payment via payment cards with an online payment function or a transaction system, the Buyer is redirected to a website enabling electronic payment, e.g. the login page of the Buyer's bank or the Card Authorization Center. If payment for the Product is not made within 7 days from the date of the Order, the Order placed by the Buyer shall be canceled, and the lack of payment shall be understood as the Buyer's withdrawal from the Sales Agreement.

 

3.The purchase of the Product is documented by the issuance of a fiscal receipt or invoice. The Customer agrees to receive electronically, to the e-mail address provided by him, an invoice in electronic form within the meaning of art. 106 n of the Act of 11 March 2004 on the tax on goods and services (Journal of Laws 2022.931 consolidated text of 2022.04.29 as amended, hereinafter referred to as the "VAT Act") or a fiscal receipt or invoice in electronic form, referred to in art. 111 sec. 3a item 1) letter b) of the VAT Act. A receipt or invoice in paper form is issued only at the express request of the Customer.

 

§6

Order Fulfillment, Delivery

 

1. The Order fulfillment time is indicated on the Muskari online store pages in the Product card. The Buyer must additionally take into account the delivery time of the shipment by the service provider, i.e. the courier company.

 

2. Due to the above, the Order delivery time must be added to the Order fulfillment time, taking into account the selected form of delivery and the courier service provider.

 

3. The Seller will make every effort to fulfill the Order within the time specified in the product card in the Muskari online store. In the event that the Order cannot be fulfilled within the above-mentioned time, the Buyer will be informed of this immediately by Muskari.

 

4. The delivery of the goods is carried out in cooperation with the courier company selected by the Buyer.

 

5. At the time of handing over the goods to the courier company, the Buyer is notified of this fact by sending an SMS message to the number provided in the order. The Buyer with a registered Account can track the status of their order via the "My Account" website, which is an integral part of the Muskari online store, and via the link in the order confirmation email.

 

6. The Buyer is obliged to assess the condition of the goods and their compliance with the order at the time of delivery by the courier and in their presence. In the event of damage to the goods, a complaint protocol must be drawn up in the presence of the courier (the courier must have a form of this protocol), containing a description of the damage. The goods subject to complaint must be returned to the courier together with the sales invoice. If the package contains more than one product, all of them must be returned. The Seller bears the cost of shipping. When the goods are again in the Muskari online store's warehouse and the validity of the complaint is confirmed, after the goods are replaced with new ones, they will be sent to the Buyer at the Seller's expense.

 

7. In the event of damage to the goods at a later time, the complaints procedure described in these Regulations must be followed.

 

6. At the time of receipt of the goods through proper delivery, they become the property of the Buyer.

 

§7

Withdrawal from the contract

 

1. In accordance with the Act of 30.5.2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683). The Buyer who is a consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods to him without giving a reason.

 

2. In the event of exercising the right referred to in the preceding paragraph, the Buyer is obliged to inform the Seller about this by submitting a declaration of withdrawal on the form provided to him by the Seller in the "Returns and Complaints" tab available on the Muskari website, or in accordance with Annex No. 1 of these Regulations, which can be sent by post to the following address: Muskari Mateusz Kruger, Sierosław (62-080) ul. Leśna 19; may also do so electronically using the electronic withdrawal form sent to kontakt@muskari.pl. A declaration of withdrawal from the contract submitted after the deadline referred to in the first paragraph of this section shall not produce legal effects. Article 61 of the Civil Code shall apply directly.

 

3. In the event that the Buyer submits a declaration of withdrawal electronically, the Seller shall immediately send confirmation of receipt of the declaration of withdrawal from the contract (on a durable data carrier within the meaning of art. 2 point 4 of the Act of 30.5.2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683).

 

4. The goods returned in connection with the withdrawal from the contract must be complete and originally packed (along with full equipment and accessories constituting its integral part, if such were included with the Product), may not bear traces of use exceeding the ordinary management of the item. The original sales document and a completed and signed goods return form must be attached to the returned goods.

 

5. The Buyer covers all direct costs of returning the goods (e.g. packaging, security, shipping costs). The Buyer is obliged to properly secure the returned goods so as to prevent their damage in transport (direct cost of returning the goods - in accordance with art. 34 sec. 2 of the Act of 30.5.2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683).

 

6. The Buyer is obliged to return the item immediately, but no later than within 14 days from the date on which he withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the item subject to return will be collected by him or a person authorized by him.

 

7. If the delivered Product is incomplete or shows signs of use that go beyond the ordinary management of the item, the Seller reserves the right to refuse to accept the shipment or to reduce the amount returned by the equivalent of the damaged Product.

 

8. In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer's bank account immediately, but no later than within 14 days from the date of receipt by the Seller of the Buyer's statement of withdrawal from the contract.

 

9. After the Buyer withdraws from the distance contract, the Seller is obliged to refund the costs of the cheapest shipping option offered by him, available on the Muskari store website.

 

11. The Seller declares that the refund of the payment referred to in § 5 of the Regulations will be made using the same method of payment that the Buyer used. The Seller, in agreement with the Buyer, may establish a different method of refund, which will not involve the Buyer incurring additional costs.

 

12. The Seller may withhold the refund of payments received from the Buyer until the Buyer receives the item back or the Buyer provides proof of its return, depending on which event occurs first. The Seller's right indicated in the first sentence of this paragraph does not apply in a situation in which the Seller offered the Buyer to collect the item.

 

13. After receiving and accepting the Product, Muskari will issue a correction invoice to the Buyer, which will be sent to the Buyer's address or sent by e-mail to the e-mail address provided by the Buyer.

 

14. By concluding the agreement, the Buyer confirms that he has read the content of these regulations, including confirming that he has been notified of the right to withdraw from the concluded sales agreement within 14 days from the date of issue of the Product to him.

 

§8

 Complaints and returns

 

1. If after the transfer of ownership of the goods to the Buyer, the Buyer finds that the goods have physical or legal defects, the Buyer may:

 

1. a) if he is a consumer (within the meaning of art. 221 § 1 of the Civil Code) - submit a complaint to the Seller under the warranty for defects,

 

1. b) if he is not a consumer - submit a complaint to the Seller under the warranty for defects.

 

2. In the event of finding mechanical damage, arising during delivery or in the event of sending a complaint to the Seller, the Buyer should send information about this fact by letter or by e-mail to kontakt@muskari.pl.

The complaint should specify the defect that the Buyer believes the goods have and, if possible, document the said defect. The Seller will respond to the complaint within 14 days of receiving the notification.

 

3. The transport of the goods complained about under the warranty is carried out at the Buyer's expense via a courier company of their choice, unless the Seller has informed that the goods will be collected by them or a person authorized by them. Muskari does not accept parcels sent back cash on delivery.

 

4. Complaints related to the electronic service (e.g. incorrectly calculated delivery costs or incorrect goods in the basket) can be submitted by e-mail or via the Contact Form.

 

5. When receiving the parcel, the Buyer is obliged to acknowledge its receipt in the presence of the courier with a simultaneous note that the parcel was delivered undamaged or that the parcel shows signs of damage, with a simultaneous description of such damage.

 

6. Muskari is liable under the warranty for physical or legal defects of the sold item only if they are found before the expiry of two years from the issue of the goods to the Buyer (referred to in § 6 sec. 1 points 1-2 of the Regulations), in accordance with Art. 568 § 1-5 of the Civil Code The Buyer referred to in § 6 section 1 item 2 of the Regulations loses the rights specified in art. 568 § 1-5 of the Civil Code if he fails to notify the Seller of this fact immediately after discovering the defect (art. 563 § 1-2 and art. 564 of the Civil Code).

 

§9

 Product Use Rules

 

1. The Buyer acknowledges that the Products in the Muskari store are created entirely in Poland by qualified craftsmen with many years of experience. Each design is handmade, so it may differ slightly, thanks to which the jewelry has a unique character.

 

2. In connection with the above, Muskari Products require appropriate use, remember to handle it carefully.

 

3. Jewelry that is a Muskari store Product should be stored in an appropriate manner, each purchased Product will be received in a special dedicated box that provides effective protection against external factors.

 

4. Jewelry available in Muskari should be removed before bathing and washing hands, silver may oxidize in contact with water and air, this is a completely natural process.

 

5. Avoid contact with chemical substances, jewelry should be removed while doing any housework. Chemicals can damage jewelry. Body cosmetics and perfumes should be applied before putting on jewellery.

 

6. Jewellery is a delicate product, susceptible to damage - remember to remove it before doing sports or contact with sharp objects.

 

7. Any jewellery that is worn after some time gains traces of use, this is completely normal. Scratches may appear on the patterns, and textures on metals may change.

 

§10

Discount Coupons

 

1. Muskari provides Discount Coupons in the form of codes as part of a personalized price reduction, an organized promotion or an individual agreement with the Buyer, hereinafter referred to as "Discount Codes".

 

2. A discount code cannot be used when purchasing Products covered by a price reduction organized by Muskari, unless the Seller decides otherwise, about which the Buyer will be expressly informed at the same time as the information about providing a given Discount Code.

 

4. A discount code cannot be exchanged for cash in whole or in part.

 

5. The validity period of a given Discount Code is each time notified by the Seller when it is transferred to the Buyer.

 

6. An expired Discount Code expires upon the expiry of its validity period.

 

7. The received Discount Code is suitable for single use by one Buyer.

 

8. Discount Codes cannot be combined with each other, which means that one Discount Code can be used for one Order.

 

9. The Buyer activates the price reduction by adding the selected Product/Products to the basket, and then after proceeding to the Order, checks the "I have a discount coupon" checkbox and enters the correct Discount Code. Entering the correct Discount Code reduces the value of the Order by the percentage or amount assigned to the given Discount Code.

 

10. After entering the correct Discount Code, a discount is granted from the current price of the Product.

 

11. All complaints regarding the Order using the Discount Code will be considered under the terms and conditions specified in these Regulations.

 

12. In the event of a Complaint or Return of a Product for which the Buyer used a Discount Code - reducing its final price, the refund will be in accordance with the price of the Product reduced by the value of the Discount Coupon.

 

§11

 

Final provisions

 

1. Differences between the appearance of the Product presented on the Muskari online store website and the appearance of the Product delivered to the Buyer, resulting from a change in the graphic form of the packaging, do not constitute grounds for a complaint regarding the purchased goods.

 

2. All Products and names presented on the Muskari online store website are used solely for identification purposes and may be registered trademarks.

 

3. Placing an order in the Muskari online store is tantamount to consenting to the storage and processing by Muskari of personal data contained in the order, in accordance with the applicable provisions of the Act of 30 May 2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683).

 

4. Muskari informs that the personal data of the Buyer who made the payment for the purchased goods are transferred to PayPal Holdings Inc. and PayPro SA (Przelwey24). The transfer concerns personal data necessary for the execution of payments by PayU S.A.

 

5. Muskari respects the Buyers' rights to privacy. The Privacy Policy and Cookies available at www.muskari.pl indicate what information enabling personal identification the Seller may collect and how to use such information.

 

6. Muskari informs that the Buyer's personal data will be processed only for the purpose of effective confirmation of receipt and acceptance of the order for execution and delivery of the goods to the address indicated by the Buyer. With the Buyer's consent, their personal data will also be processed for the purpose of providing information materials, marketing offers in the form of a newsletter. The Buyer has the right to view the personal data stored by Muskari, change it or completely remove it from the system in situations permitted by applicable legal regulations.

 

7. In matters not regulated by these regulations, the relevant provisions of the Civil Code and the Act of 30.5.2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683) will apply.

 

8. In accordance with art. 8 sec. 3 item 2 letter b of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 1219), the entity using the Muskari online store website is obliged not to place illegal content on this website.

 

9. The Muskari online store is not liable for damages and harms resulting from improper operation of the server on which the Muskari online store platform is located; this applies in particular to the effects of errors in the operation of websites, lack of access to them and other failures, damages or disruptions in the functioning of online services.

 

10. The Administrator is not liable for damages and harms caused by his actions or omissions resulting from incorrect data received by him from the Buyer.

 

11. In the event of a change to these Regulations, the Seller will inform the Buyers about this on the muskari.pl website and by sending the registered Buyers a notification about the change to the Regulations (together with the attached regulations in PDF format) to the e-mail address assigned to their Account or provided during registration for the Newsletter subscription. The amended Regulations shall enter into force on the day indicated in the change, within a period of no less than 7 days from the date of its announcement by the Seller, with the proviso that changes of a technical and informational nature or those that do not worsen the situation of the Buyers may occur within a shorter period. Buyers who placed an Order before the new Regulations entered into force shall be bound by the previous Regulations. The amended Regulations shall be binding on the registered Buyer who does not terminate the agreement for maintaining an account at muskari.pl before the date of entry into force of the amended Regulations.

 

12. Buyers and Service Recipients are prohibited from using graphic elements (including the "Muskari" logo), the layout and composition of the Muskari website (so-called layout), graphic elements, as well as other intellectual property rights, without the express written consent of the Seller.