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TERMS AND CONDITIONS

TERMS AND CONDITIONS

TERMS AND CONDITIONS

1. The Regulations define the general terms, conditions, rules and form of sales by Agnieszka Lipińska, conducting business activity under the company Agnieszka Lipińska MADAME GOOGOO, based in Warsaw, Poland through the online shop www.madamegoogoo.com (hereinafter referred to as the “Online Shop”) and define the rules and conditions for provision of free services by electronic means by Agnieszka Lipińska, conducting business activity under the company Agnieszka Lipińska MADAME GOOGOO.

Article 1 – Definitions

1. Consumer – means a natural person making a legal transaction with an entrepreneur not directly related to his or her business activity or profession.

2. Contract of Sale – means a contract of sale concluded at a distance under the terms of the Regulations, by and between the Customer and the Seller.

3. Customer – means a person to whom, according to the Regulations and laws, electronic services may be provided or with whom a contract of sale may be concluded.

4. Customer Account – means an individual panel for each Customer, established by the Seller after Customer registration and conclusion of the contract for provision of the Customer Account service.

5. Delivery – means a physical act of providing the Customer by the Seller, through the Supplier, with Products specified in the order.

6. Durable medium – means material or device enabling the Customer or the Seller to store information addressed personally to them in a manner allowing for access to such information for future reference for a period of time adequate for the purposes of information and allowing the unchanged reproduction of the information stored.

7. Entrepreneur – means any natural person, legal person or organisational unit not being a legal person, having legal capacity by virtue of the law, running in his/her/its own name business or pursuing the profession.

8. Password – means a sequence of letters, digits, or other characters selected by the Customer during Registration in the Online Shop, used to secure access to Customer Account in the Online Shop.

9. Product – means a product presented by the Seller via the Shop Website which can be a subject of the Contract of Sale.

10. Regulations – mean these regulations.

11. Registration – means a physical act made in the manner prescribed in the Regulations, as required for use by the Customer of all the functionalities of the Online Shop.

12. Seller – means Agnieszka Lipińska running a business under the company Agnieszka Lipińska MADAME GOOGOO, based in Warsaw, Poland (02-495), Ryżowa 43 b lok. 8, tax identification number (NIP): 5222319294, National Business Registry Number (REGON): 142358622, entered in the Central Register and Information on Business Activity kept by the Ministry for Economic Development; e-mail: info@madamegoogoo.com, who is also an owner of the Online Shop.

13. Shop Website – means web pages, under which the Seller runs the Online Shop, operating in the www.madamegoogoo.com domain.

14. Supplier – means a company with which the Seller cooperates in Delivery of Products:
a) courier company;
b) Polish Post (Poczta Polska S.A.) based in Warsaw.

15. Working days – mean weekdays from Monday to Friday excluding
public holidays.

 

Article 2 – General provisions and use of the Online Shop

1. All rights to the Online Shop, including copyrights, intellectual property rights to its name, Internet domain, Shop Website, as well as patterns, forms, logos belong to the Seller, and may be used only as specified in and in accordance with the Regulations.

2. The Seller shall endeavour to provide access to the Online Shop for Internet users via all popular web browsers, operating systems, types of devices and types of Internet connections. Minimum technical requirements for use of the Shop Website include a Web browser not older than the following versions: Internet Explorer 11, Chrome 39, FireFox 34, Opera 26, or Safari 5 or newer versions, with enabled support of Javascript, acceptance of cookies, and an Internet connection with a capacity of at least 256 kbit/s. The Shop Website is responsive and dynamically adjusts to the screen resolution.

3. The Seller applies a mechanism of cookies, which – when the Customers use the Shop Website – are stored by the Seller’s server on the hard disk of a Customer’s terminal device(s). The use of “cookies” is intended to ensure correct operation of the Shop Website by the Customer’s terminal device(s). This mechanism does not destroy the Customer’s terminal device(s) and does not change the configuration of the Customer’s terminal device(s) or software installed thereon. Each Customer can turn off the cookies in the browser of his/her terminal device(s). The Seller informs, however, that exclusion of cookies may cause inconvenience or prevent the use of the Shop Website.

4. To place an order in the Online Shop via the Shop Website or via e- mail, and to take advantage of the Services available at the Shop Website, the Customer must have an active e-mail account.

5. To place an order in the Online Shop the Customer must have an active e-mail account.

6. The Customer is prohibited to input illegal content and to use the Online Shop, the Shop Website or free services provided by the Seller in a manner contrary to law, good practices or the violating personal rights of third parties.

7. The Seller represents that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining and modifying Customers data by unauthorised persons, therefore the Customer should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programmes and programmes protecting the identity of Internet users. The Seller shall never ask the Customer to provide him with access to the password in any form.

8. The Customer is not allowed to use the resources and functions of the Online Shop to conduct commercial activity or activity that would violate Seller’s interests.

 

Article 3 – Registration

1. To create a Customer Account, the Customer must make a free Registration.

2. The Registration is not necessary to place an order in the Online Shop.

3. In order to register, the Customer must complete the registration form provided by the Seller at the Shop Website and forward the completed form by e-mail to the Seller by selecting an appropriate function contained in the registration form. During the Registration the Customer shall establish an individual Password.

4. While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof by marking a relevant field in the form.

5. After submitting a completed registration form, the Customer shall promptly receive, to the e-mail address provided on the registration form, Registration confirmation by the Seller. At that time the contract is concluded for the provision of the Customer Account service by electronic means, the Customer shall get access to the Customer Account and the right to make changes to data given during the registration, with the exception of the Login.

 

Article 4 – Orders

1. Information included in the Shop Website shall not constitute the Seller’s offer within the meaning of the Civil Code, and only an invitation for the Customers to submit offers for conclusion of the Contract of Sale.

2. The Customer may place orders in the Online shop via the Shop Website or e-mail on a 24-hour/7-day-a-week basis.

3. The Customer placing an order via the Shop Website compiles the order by selecting the desired Products. The Products are added to the order by selecting the ADD TO CART button under a given Product presented on the Shop Website. After compiling the whole order and identifying in the “CART” the manner of Delivery and the form of payment, the Customer shall place the order by sending an order form to the Seller, selecting on the Shop Website the “ORDER AND PAY” button. Each time before sending the order to the Seller, the Customer is informed about the total price for selected Products and Delivery, as well as about any additional costs the Customer is obliged to incur under the Contract of Sale.

4. The Customer placing an order by e-mail shall send it to the e-mail address provided by the Seller on the Shop Website. In the e-mail sent to the Seller the Customer shall provide in particular: name of the Products, colour, size panel, the shape of the cap, length shoulder strap, hip belt size, size pads shoulder straps of the Products presented on the Shop Website as well as the Customer’s contact data.

5. After receiving the e-mail referred to in Article 4.10 from the Customer, the Seller shall send to the Customer a response e-mail providing the registration data, the price of the selected Products
and possible payment forms, as well as the method of Delivery with its cost, and information about any additional payments to be incurred by the Customer under the Contract of Sale. The e-mail shall also include information for the Customer that conclusion of the Contract of Sale by means of electronic mail entails the obligation to pay for the ordered Products. On the basis of information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller specifying the selected form of payment and method of Delivery.

6. The Customer may place an individual order, in which the Products will be made according to the Customer’s specification or will serve to satisfy the Customer’s individualised needs. For this purpose the Customer, when compiling an initial order, may select the model of Products in which the Customer is interested from the Products presented by the Seller on the Shop Website, specifying their properties or providing characteristics strictly related to the Customer. After compiling the initial order, the Customer shall send an e-mail to the Seller asking for the price to the e-mail address provided by the Seller.

7. After receipt of the initial order, the Seller shall send to the Customer the design of the Products in the form of a graphic file in accordance with the initial order via e-mail, specifying possible forms of payment and Delivery. The Customer may accept or reject the sent design by sending an e-mail to the Seller, specifying the selected method of Delivery and form of payment. In such a way the Customer places an order. Each time before sending the order to the Seller, the total price of the selected Products and the total cost of the chosen method of Delivery shall be specified.

8. Placing an order means an offer of the Customer to the Seller to enter into a Contract of Sale of Products covered by the order.

9. After the order is placed, the Seller shall send an order confirmation to the e-mail address provided by the Customer.

10. After confirmation of the order, the Seller shall send information on acceptance of the order for execution to the e-mail address provided by the Customer. Information about acceptance of the order for execution constitutes a statement of the Seller about acceptance of the offer referred to in Article 4.9 above and, upon receipt thereof by the Customer, the Contract of Sale is concluded.

11. After conclusion of the Contract of Sale, the Seller confirms to the Customer the terms and conditions thereof by sending them on a durable medium to the Customer’s e-mail address or in writing to the address provided by the Customer upon Registration or while placing the order.

 

Article 5 – Payments

1. Prices on the Shop Website presented next to a given Product are
gross prices and do not include information regarding the costs of
Delivery and any other costs which the Customer will be obliged to
pay under the Contract of Sale, about which the Customer will be
informed when selecting the method of Delivery and upon placing an
order.

2. The Customer may choose the following forms of payment for
ordered Products:

a) bank transfer to the Seller’s bank account (in such a case
execution of the order will shall be initiated after the Seller sends
to the Customer confirmation of acceptance of the order and
once the money is credited to the Seller’s bank account);

b) bank transfer executed by external PayPal payment system
handled by PayPal (Europe) S.a r.l. & Cie, S.C.A. seated in
Luxemburg (in this case execution of the order will be initiated
after the Seller sends to the Customer confirmation of
acceptance of the order and after receipt of information from the
PayPal system about successful completion of payment);

c) payment card or bank transfer via an external payment system
PayU, operated by PayU S.A. with its registered office in Poznań
(in such a case execution of the order shall be initiated after the
Seller sends to the Customer confirmation of acceptance of the
order and after receipt of information from the PayU system
about successful completion of payment).

3. The Customer shall be informed by the Seller on the Shop Website
about the deadline within which the Customer is obliged to make the
payment for the order in the amount resulting from the concluded
Contract of Sale.

4. If the Customer fails to make the payment within the deadline
referred to in Article 5.3, the Seller shall indicate to the Customer an
additional deadline for making the payment and shall inform the
Customer about such deadline on a Durable Medium. The
information about an additional deadline for making the payment
shall also include information that after expiry of such deadline the
Seller shall rescind the Contract of Sale. In the event of expiry of the
second deadline for making the payment, the Seller shall send to the
Customer on a Durable Medium a statement on rescission of the
contract pursuant to Article 491 of the Civil Code.

 

Article 6 – Delivery

1. The Seller shall deliver the Products constituting the subject of the
Contract without defects.

2. The Seller shall publish on the Shop Website information on the
number of Working Days needed to execute the Delivery and fulfil
the order.

3. The deadline for Delivery and execution of the order specified on the
Shop Website shall be calculated in Working Days in accordance with
Article 5.2.

4. Ordered Product(s) shall be delivered to the Customer through the
Supplier, to the address indicated on the order form.

5. On the day of Products dispatch to the Customer the Seller shall
confirm the shipment by e-mail to the Customer.

6. The Customer shall examine the delivered Product(s) in the
customary time and manner for shipments of that type in the
presence of the Supplier’s employee. In the event of discovery of
shortage or damage relating to the shipment, the Customer shall be
entitled to demand from the Supplier’s employee to draw up
a relevant report.

7. The Seller shall, in accordance with the Customer’s wish, attach to
the shipment being the subject of Delivery a receipt or VAT invoice
covering the delivered Product(s).

8. In the event of absence of the Customer at the address specified by
the Customer upon placing the order as the address of Delivery, the
Supplier’s employee shall leave an advice note or shall attempt to
contact the Customer by phone to agree a time when the Customer
will be present. If the ordered Product(s) is/are returned to the Online
Shop by the Supplier, the Seller shall contact the Customer by e-mail
or phone to agree the time and cost of the re-Delivery.

 

Article 7 – Implied Warranty

1. The Seller ensures Delivery of Product(s) free of physical and legal
defects. The Seller shall be liable towards the Customer if the
Product has physical or legal defects (implied warranty).

2. If the Product is defective, the Customer may:

a) submit a statement on reduction of the price or rescission of the
Contract of Sale, unless the Seller immediately and without
excessive inconvenience for the Customer replaces the defective
Product with a non-defective one or removes the defect.
This limitation shall not apply if the Product has already been
replaced or repaired by the Seller, or if the Seller failed to fulfil
the obligation to replace the Product with a non-defective one or
to remove the defect. The Customer may demand replacement
of the Product with a non-defective one instead of removal of the
defect proposed by the Seller, or demand removal of the defect
instead of replacement of the Product, unless making the Product
compliant with the contract in a manner chosen by the Customer
is impossible or would require excessive costs as compared to
the manner proposed by the Seller. When assessing if the costs
are excessive, one shall take into account the value of the
Product free from defects, the type and importance of the
discovered defect, as well as the inconvenience experienced by
the Customer in the event of other manner of satisfaction of the
claim.

b) demand replacement of the defective Product with a non-
defective one or removal of defect. The Seller shall replace the
defective Product with a non-defective one or remove the defect
within a reasonable time without excessive inconvenience to the
Customer.

The Seller may refuse to fulfil the Customer’s demand if making
the defective Product compliant with the Contract of Sale in the
manner selected by the Customer is impossible, or would require
excessive costs as compared to the other possible manner of
making the Product compliant with the Contract of Sale. The cost
of repair or replacement shall be incurred by the Seller.

3. The Customer exercising the rights under the implied warranty shall
deliver the defective product to the Seller’s address. If the Customer
is a Consumer the delivery cost shall be incurred by the Seller.

4. The Seller shall be liable under the implied warranty if a physical
defect is discovered before two years pass since release of the
Product to the Customer. The claim for removal of defect or
replacement of the Product with a non-defective one shall be barred
by the statute of limitations after one year, however such time-limit
may not end before a time-limit specified in the first sentence. Within
this time-limit the Customer may rescind the Contract of Sale or
submit a statement on reduction of the price due to defect of the
Product. If the Customer demanded replacement of the Product with
a non-defective one or removal of the defect, the time-limit for
rescission of the Contract of Sale or submission of the statement on
reduction of the price shall start running upon expiry of the time-limit
for replacement of the Product or removal of the defect.

5. Any complaints related to the Product(s) or performance of the
Contract of Sale may be submitted by the Customer in writing to the
Seller’s address.

6. The Seller shall within 14 days from the date of demand containing
the complaint express his opinion on the complaint regarding the
Product(s) or performance of the Contract of Sale submitted by the
Customer.

7. The Customer may file a complaint to the Seller in connection with
free electronic services provided by the Seller. The complaint may be
sent in an electronic form to the address info@madamegoogoo.com.
In the complaint the Customer shall include a description of the
problem. The Seller shall immediately, however not later than within
14 days, consider the complaint and respond to the Customer.

 

Article 8 – Guarantee

1. Products sold by the Seller may be covered by a guarantee granted
by the producer or distributor of the Products.

2. In the case of Products covered by a guarantee, information
regarding the existence and content of the guarantee shall be always
presented on the Shop Website.

 

Article 9 – of the Contract of Sale

1. The Customer being a Consumer, who concluded the Contract of
Sale, may within 14 days rescind the Contract of Sale without giving
any reasons.

2. The time-limit for rescission of the Contract of Sale shall start
running as from the moment the Customer takes the possession of
the Product.

The statement may be submitted on the form, the template of which
is provided by the Seller on the Shop Website: Rescission form. In
order to comply with this time-limit, it is enough to send a statement
before the lapse thereof.

3. In the case of rescission of the Contract of Sale, the contract shall be
treated as if it had never been concluded.

4. If the Customer submits the statement on rescission of the Contract
of Sale before the Seller accepts the Customer’s offer, the offer
ceases to be binding.

5. The Seller shall immediately, not later than within 14 days from the
date of receipt of the Customer’s statement on rescission of the
Contract of Sale, return to the Customer all payments made by the
Customer, including the costs of delivery of the Product to the
Customer. The Seller may withhold reimbursement of the amounts
paid by the Customer until receipt of the returned Product or delivery
by the Customer of a proof of sending the Product, whichever occurs
earlier.

6. If the Customer exercising the right of rescission selects the method
of delivery of the Product other than the cheapest ordinary Delivery
method offered by the Seller, the Seller shall not be obliged to
reimburse to the Customer the additional costs incurred by the
Customer.

7. The Customer shall return the Product to the Seller immediately,
however not later than within 14 days from the date of rescission of
the Contract of Sale. To abide by the deadline, it is enough to send
the Product to the Seller’s address before expiry of such deadline.

8. In the event of rescission the Customer shall only incur the direct
costs of returning the Product.

9. If, due to its nature, the Product cannot be sent back by traditional
mail, the Seller shall inform the Customer about the costs of
returning such Product on the Shop Website.

10. The Customer shall bear liability for decrease of the value of the
Product as a result of use thereof outside the manner necessary to
determine the nature, features and functioning of the Product.

11. The Seller shall reimburse the payment using the same method of
payment as the one used by the Customer, unless the Customer
expressly agrees to other method of reimbursement which does not
entail any costs for the Customer.

12. The right to rescind the Contract of Sale is not vested in the
Customer being a Consumer as regards contracts in the case of
which the Product is a non-prefabricated good made to the
Consumer’s specifications or serving to satisfy the Consumer’s
individualised needs.

 

Article 10 – Free Services

1. The Seller renders the following free electronic services to
Customers:

a) Contact Form;

b) Newsletter;

c) Customer Account service.

2. The services specified in Article 10.1 above shall be provided 24
hours a day, 7 days a week.

3. The Seller reserves the right to choose and change the type, form,
time and method of providing access to some of these services, and
shall inform the Customer thereof in a manner appropriate to amend
the Regulations.

4. The service: Contact Form means sending a message via the form
available at the Shop Website to the Seller.

5. It is possible to unsubscribe from the free service Contact Form at
any time by discontinuing sending enquiries to the Seller.

6. The Newsletter service shall be available to every Customer who
enters his/her e-mail address by means of the registration form
made available via the Shop Website by the Seller. After sending the
completed registration form, the Customer shall promptly receive the
Seller’s confirmation by e-mail, to the address provided in the
registration form. At that time the contract for the provision of
electronic Newsletter services is concluded.

7. The Newsletter is a service thanks to which the Seller is sending
information by electronic mail, about new products or services
offered by the Seller. The Newsletter shall be sent by the Seller to all
Customers who have subscribed.

8. Every Newsletter addressed to given Customers shall include, in
particular: information about the sender, completed field “subject”
specifying the content and information about the possibility and
manner of unsubscribing from the free service Newsletter.

9. The Customer may at any time resign from receiving the Newsletter

by opting out of the subscription using a link contained in each e-
mail sent under the Newsletter service, or by activating a relevant
box in the Customer Account.

10. The Customer Account service is available after Registration on
terms described in the Regulations and consists of making available
to the Customer a dedicated panel within the Shop Website enabling
the Customer to modify data provided upon Registration, as well as
to track the status of orders and history of already fulfilled orders.

11. The Customer who made a Registration may submit to the Seller
a request for deletion of the Customer Account wherefore in the
event of submission to the Seller of a request for deletion of the
Customer Account, such account may be deleted not later than
within 14 days from submission of the demand.

12. The Seller shall be entitled to block access to the Customer Account
and to free services in the event the Customer acts to the detriment
of the Seller or other Customers, breaches the law or the
Regulations, as well as if blocking access to Customer Account and
free services is justified on the grounds of safety, in particular:
overcoming securities of the Shop Website by the Customer or other
hacking activities. Blocking access to the Customer Account and free
services for the above mentioned reasons shall last for a period
necessary to resolve issues giving rise to blocking the access. The
Seller shall notify the Customer about blocking the access to the
Customer Account and free electronic services by e-mail sent to the
address provided by the Customer in the registration form.

 

Article 11 – Personal data protection

1. The Seller shall be a controller of Customer personal data voluntarily
provided to the Seller under the Registration, when placing a single
order, and within the provision of electronic services by the Seller or
in other circumstances specified in the Regulations.

2. The Seller processes Customer personal data for the purposes of
fulfilment of orders, provision by the Seller of services by electronic
means, and other purposes specified in the Regulations. Data are
processed only pursuant to the provisions of law or the consent
expressed by the Customer in accordance with the legal provisions in
force.

3. The set of personal data provided to the Seller shall be reported by
the Seller to the Inspector General for Personal Data Protection.

4. Personal data delivered to the Seller are submitted freely, provided,
however, that non-submission of data set out in the Regulations in
the process of Registration shall prevent Registration and
establishment of the Customer Account and shall prevent submission
and fulfilment of the Customer order, in the case of making orders
without Registration of the Customer Account.

5. Anyone who transfers his/her personal data to the Seller shall have
the right of access to their content and the right to correct it.

6. The Seller shall allow removal personal data from the data set, in
particular if the Customer Account is deleted. The Seller may refuse
to remove personal data if the Customer fails to pay all amounts
owed to the Seller or violates applicable law, and keeping the
personal data is necessary to explain the circumstances and
determine the liability of the Customer.

7. The Seller shall protect the transferred personal data and shall make
every effort to secure them against unauthorised access or use.

8. The Seller shall transfer the Customer’s personal data to the Supplier
in the scope necessary for execution of Delivery.

9. If the Customer selects payment via the PayU system, his/her
personal data are transferred in the scope necessary for execution of
the payment to PayU S.A. with its registered office in Poznań (60-324
Poznań, ul. Grunwaldzka 182) entered into the Register of
Entrepreneurs kept by the District Court of Poznań – Nowe Miasto and
Wilda in Poznań, 8th Commercial Division of the National Court
Register under the KRS no.: 0000274399.

 

Article 12 – Termination of the contract (not applicable to Contracts of Sale)

1. Both the Customer and the Seller may terminate the contract for the
provision of electronic services at any time and without giving
reasons, subject to the preservation of rights acquired by the other
Party before termination of the above-mentioned agreement and the
provisions below.

2. The Customer, who has registered, may terminate the contract for
the provision of electronic services by demanding the Seller to
remove the Customer Account, using any means of distance
communication, allowing the Seller to become acquainted with the
Customer’s declaration of intent.

3. The Seller may terminate the contract for the provision of electronic
services by sending to the Customer an appropriate declaration of
intent to the e-mail address provided by the Customer during
Registration.

 

Final provisions

1. The Seller shall be liable for non-performance or improper
performance of the contract but, in the case of contracts with
Customers being Entrepreneurs, the Seller shall be liable only for
deliberate damage and within the limits of losses actually incurred
by the Customer being the Entrepreneur.

2. The contents of these Regulations may be recorded by being printed,
copied to a storage device or downloaded at any time from the Shop
Website.

3. In the event of a dispute related to the concluded Contract of Sale,
the parties shall seek to resolve the matter amicably. The Polish law
shall be applicable to settlement of any disputes arising under these
Regulations.

4. Every Customer may use non-judicial complaint and redress
mechanisms. The Customer may use mediation in this scope. Lists of
permanent mediators and existing mediation centres are provided
and made available by the Presidents of competent regional courts.
The Customer who is a consumer can also use extrajudicial methods
of complaint and redress. This is possible by giving the consumer
a complaint via the EU’s Internet platform ODR available at:
http://ec.europa.eu/consumers/odr/

5. The Seller reserves the right to amend these Regulations. All orders
accepted by the Seller prior to entry into force of the new
Regulations shall be delivered based on the Regulations in force at
the date of placing the order by the Customer. The amended
Regulations shall enter into force within 7 days from the date of
publication thereof on the Shop Website. The Seller shall inform the
Customer 7 days before entry into force of the new Regulations
about the amendment to the Regulations by email, including a link to
the contents of the amended Regulations. If the Customer does not
accept the new contents of the Regulations, the Customer shall
notify the Seller about this fact, which shall result in termination of
the contract in accordance with the provisions of article Article 12.

6. The Regulations shall come into force on 26.08.2019.