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ONLINE SHOP TERMS AND CONDITIONS MAAMSTYLE.COM

 

CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES OF THE ONLINE SHOP
  3. TERMS OF SALE AGREEMENTS
  4. MODES AND TERMS OF PAYMENT FOR THE PRODUCT
  5. COSTS, MODE AND TERM OF PRODUCT DELIVERY AND COLLECTION
  6. PRODUCT COMPLAINT
  7. OUT-OF-COURT SETTLEMENT OF COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO SUCH PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE AGREEMENT (APPLICABLE TO SALE AGREEMENTS CONCLUDED 25 DECEMBER 2014 OR LATER)
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. MODEL FORM OF WITHDRAWAL FROM THE AGREEMENT
  12. MAAM VOUCHER

The www.maamstyle.com Online Shop is committed to respecting consumer rights. Consumers may not waive their rights under the Consumer Rights Act. Any contractual provisions which are less favourable to consumers than the ones stated in the Consumer Rights Act shall be null and void, and superseded by the provisions of the Consumer Rights Act. Therefore, these Terms and Conditions are not intended to preclude or limit any consumer rights resulting from any mandatory laws, and any doubts shall be settled in favour of the consumer. If there are any discrepancies between these Terms and Conditions and the above-mentioned laws, the said laws shall take precedence.

1.    GENERAL PROVISIONS

1.1.    The maamstyle.com Online Shop available under the Internet address www.maamstyle.com is operated by Małgorzata Główka, who runs a business under the name BMG FINANCE MAŁGORZATA GŁÓWKA, entered into the Central Business Register and Information Office of the Republic of Poland, run by the minister competent for the economy, having its business and correspondence address at ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw; tax ID (NIP) 5261318979, statistical no. (REGON) 366814880, e-mail: maam@maamstyle.com.
1.2.    These Terms and Conditions apply to both consumers and entrepreneurs using the Online Shop, unless a specific provision of the Terms and Conditions stipulates otherwise and refers exclusively to consumers or entrepreneurs.
1.3.    All personal data processed in connection with the performance of the provisions of these Terms and Condition is controlled by the Service Provider. All personal data is processed for the purposes and to the extent stated in, and based on the privacy policy published on the Online Shop’s websites and RODO. Personal data is provided on a voluntary basis. Every person whose personal data is processed by the Service Provider has a right to view, update and correct that data and all other rights stated in RODO.
1.4.    Definitions:
1.4.1.    WORKING DAY – any day from Friday to Monday, except for statutory non-working days.
1.4.2.    REGISTRATION FORM – a form which is available in the Online Shop and allows the user to create an Account.
1.4.3.    ORDER FORM – an Electronic Service (interactive form) which is available in the Online Shop and allows the user to place an Order, in particular by adding Products to an electronic shopping cart, as well as the terms of the Sale Agreement, including the mode of delivery and payment.
1.4.4.    QUERY FORM – a form (“Inquire about a product”) which is available in the Online Shop and allows the user to send a Query.
1.4.5.    CUSTOMER – (1) a natural person having full legal capacity, and in the circumstances provided for by universally binding laws, also a natural person with a limited legal capacity; (2) a legal person; or (3) an organisational unit without a legal personality which is given legal capacity under the respective law; who has concluded or intends to conclude a Sale Agreement with the Seller.
1.4.6.    CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws of 1964, no. 16, item 93, as amended).
1.4.7.    ACCOUNT – an Electronic Service with an individual name (login) and password specified by the Service User which comprises a collection of assets in the Service Provider’s data communication system and is used for storing data provided by the Service User and information on Orders placed by the Service User with the Online Shop.
1.4.8.    NEWSLETTER – an Electronic Service involving the distribution of e-mails by the Service Provider which allows all Service Users to automatically and regularly receive from the Service Provider newsletters with information on Products, novelties and promotions in the Online Shop.
1.4.9.    PRODUCT – a movable item of property which is available in the Online Shop and is the object of a Sale Agreement between the Customer and the Seller.
1.4.10.    TERMS AND CONDITIONS – these Online Shop terms and conditions.
1.4.11.    ONLINE SHOP – the Service Provider’s online shop available under the Internet address www.maamstyle.com.
1.4.12.    SELLER; SERVICE PROVIDER – Małgorzata Główka, who runs a business under the name BMG FINANCE MAŁGORZATA GŁÓWKA, entered into the Central Business Register and Information Office of the Republic of Poland, run by the minister competent for the economy, having its business and correspondence address at ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw; tax ID (NIP) 5261318979, statistical no. (REGON) 366814880, e-mail: maam@maamstyle.com.
1.4.13.    SALE AGREEMENT – an agreement for the sale of a Product which has been concluded or is be concluded between the Customer and the Seller through the Online Shop.
1.4.14.    ELECTRONIC SERVICE – a service provided by means of electronic communication by the Service Provider to the Service User through the Online Shop.
1.4.15.    SERVICE USER – (1) a natural person having full legal capacity, and in the circumstances provided for by universally binding laws, also a natural person with a limited legal capacity; (2) a legal person; or (3) an organisational unit without a legal personality which is given legal capacity under the respective law; who uses or intends to use the Electronic Service.
1.4.16.     CONSUMER RIGHTS ACT; THE ACT – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
1.4.17.    ORDER – the Customer’s declaration of intent made via the Order Form whose direct goal is to conclude a Product Sale Agreement with the Seller.
1.4.18.    MAAM Voucher - printed voucher with specified nominal value, and expiration date and individual code . Redeemable Exchanged for MAAM Products.

1.4.19 RODO- Resolution of Council of Europe Commettee of Ministers 2016/679 on 27th of April 2016 on the protection of personal data processing and on the free movment of such data and canceling Directive 95/46/WE

2.    ELECTRONIC SERVICES OF THE ONLINE SHOP

2.1.    The Electronic Services available in the Online Shop are: Account, Order Form, Query Form and Newsletter.
2.1.1.    Account. In order to be able to use an Account, a Service User must perform three consecutive operations: (1) fill in the Registration Form, (2) click the field “Create an account” and (3) confirm their intent to create the Account by clicking a confirmation link which is sent automatically to the specified e-mail address. In the Registration Form, the Service User is required to provide the following data: full name/business name, address (street, house/apartment number, postal code, town/city and country), e-mail address contact phone number and password. Service Users who are not consumers must specify their business name and tax ID (NIP).
2.1.1.1.    The Electronic Service Account is provided free of charge for indefinite time. At any time and without specifying a reason, the Service User can delete (cancel) the Account by sending a request to that effect to the Service Provider, in particular by e-mail (maam@maamstyle.com) or in writing to the address: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw.
2.1.2.    Order Form. The Customer starts using the Order Form by adding the first Product to their electronic shopping cart in the Online Shop. In order to place an Order, the Customer must perform two consecutive operations: (1) fill in the Order Form and, having done that, (2) click the field “Order with a payment obligation” on the Online Shop’s website; until that stage, the entered data can be modified (using the displayed messages and information available on the Online Shop’s website). In the Order Form, the Customer is required to provide the following data: full name/business name, address (street, house/apartment number, postal code, town/city and country), e-mail address contact phone number and data for the Sale Agreement, such as Product(s), Product quantity, place and mode of delivery of the Product(s), and mode of payment. Customers who are not consumers must specify their business name and tax ID (NIP).
2.1.2.1.      The Electronic Service Order Form is provided free of charge on a one-time basis and ends when an Order is placed using the Order Form or when the Service User cancels the Order using the Order Form.
2.1.2.2.      Query Form. Using the Query Form starts by (1) filling in the Query Form and, having done that, (2) clicking “Send” on the Online Shop’s website; until that stage, the entered data can be modified (using the displayed messages and information available on the Online Shop’s website). In the Query Form, the Customer is required to provide the following data: first name, e-mail address, contact phone number and their question about a Product. It is not possible to conclude a Sale Agreement using the Order Form.
2.1.2.3.      The Electronic Service Query Form is provided free of charge on a one-time basis and ends when a Query is sent using the Query Form or when the Service User cancels the Query using the Query Form.
2.1.3.    Newsletter. The Newsletter service can be used by entering an e-mail address for receiving the Newsletter     and clicking “Subscribe” in the Newsletter tab of the Online Shop. The Newsletter can also be subscribed for by ticking the corresponding checkbox when creating an Account; once the Account is created, the Service User will be subscribed for the Newsletter.
2.1.3.1.    The Electronic Service Newsletter is provided free of charge for indefinite time. At any time and without specifying a reason, the Service User can unsubscribe the Newsletter (cancel the subscription) by sending a request to that effect to the Service Provider, in particular by e-mail (maam@maamstyle.com) or in writing to the address: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw.
2.2.    The technical requirements to be able to use the Service Provider’s data communication system are: (1) a desktop computer, a laptop or another multimedia device with access to the Internet; (2) access to an
e-mail account; (3) a web browser: Mozilla Firefox ver. 17.0 and higher, Internet Explorer ver. 10.0 and higher, Opera ver. 12.0 and higher, Google Chrome ver. 23.0. and higher, Safari ver. 5.0 and higher, or Microsoft Edge ver. 25.10586.0.0 and higher; (4) recommended minimum screen resolution: 1024 x 768; (5) enabled cookies acceptance and Javascript in the web browser.
2.3.    The Service User is obliged to use the Online Shop in accordance with the law and good practices, and to respect personal rights as well as the Service Provider’s and third party copyrights and intellectual property rights. The Service User is obliged to enter accurate data. The Service User is not allowed to distribute any illegal content.
2.4.    Complaint procedure:
2.4.1.    Complaints concerning the provision of Electronic Services by the Service Provider and other complaints concerning the operation of the Online Shop (except for Product complaints, as referred to in item 6 of the Terms and Conditions) can be filed by the Service User e.g.:
2.4.2.    in writing to: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw;
2.4.3.    by e-mail to: maam@maamstyle.com.
2.4.4.    It is recommended that the Service User include the following in the complaint: (1) information and circumstances concerning the object of the complaint, in particular type and date of any irregularities; (2) the Service User’s demand; and (3) contact data of the complaining party; this will facilitate the examination of the complaint by the Service Provider. The information stated in the previous sentence is only a recommendation, and the outcome of complaints which do not include the above-mentioned information will not be affected.
2.4.5.    The Service Provider shall promptly express its opinion on a complaint, but not later than within 14 calendar days from the day when the complaint was submitted.

3.    Terms of sale agreements

3.1.    A Sale Agreement is concluded between the Customer and the Seller once the Customer has placed an Order using the Order Form in the Online Shop according to item 2.1.2 of the Terms and Conditions.
3.2.    The Product price on the Online Shop’s website is provided in Polish zloty and includes the applicable taxes. When placing an Order on the Online Shop’s websites and when expressing their intent to be bound by a Sale Agreement, the Customer shall be informed about the total price of the ordered Product, including taxes, as well as the costs of delivery (including costs of transport, service and postal services) and other costs, and where the amount of such costs cannot be determined, about the obligation to pay such costs.
3.3.    Procedure for the conclusion of a Sale Agreement in the Online Shop using the Order Form
3.3.1.    A Sale Agreement is concluded between the Customer and the Seller once the Customer has placed an Order in the Online Shop according to item 2.1.2 of the Terms and Conditions.
3.3.2.    Once the Order is placed, the Seller shall promptly confirm having received the Order and shall proceed to fulfil it. The Seller shall confirm having received and accepted the Order by sending an e-mail message to the Customer’s e-mail address specified when placing the Order, and the e-mail message shall include at least the Seller’s confirmation of receipt and acceptance of the Order, and of the conclusion of a Sale Agreement. Once the Customer has received the above-mentioned e-mail message, a Sale Agreement is concluded between the Customer and the Seller.
3.4.    The concluded Sale Agreement shall be recorded, secured and made available to the Customer by (1) providing access to these Terms and Conditions on the Online Shop’s website and (2) sending to the Customer the e-mail message referred to in item 3.3.2. of the Terms and Conditions. In addition, the content of the Sale Agreement shall be recorded and secured in the IT system of the Seller’s Online Shop.

 

4.    FORMS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1.    The Seller provides the Customer with the following payment options under the Sale Agreement:
4.1.1.    Cash on delivery.
4.1.2.    Transfer to the Seller’s bank account.
4.1.3.    Electronic and card payments via the online payment service Przelewy24.pl; the currently available modes of payment are specified on the Online Shop’s website in the tab containing information on modes of payment and on the website http://www.przelewy24.pl/.
4.1.3.1.    Electronic and card payments are settled based on the Customer’s selection via Przelewy24.pl. Electronic and card payments are handled by:
4.1.3.1.1.    Przelewy24.pl – PayPro S.A., payment processor, based in Poznań (registered office: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register, 8th Commercial Division of the National Court Register, under no. KRS 0000347935, tax ID (NIP) 7792369887, statistical no. (REGON) 301345068.
4.2.    Payment deadline:
4.2.1.    If the Customer selects a transfer, an electronic payment or a card as the mode of payment, the Customer shall make the payment within 1 working days from the conclusion date of the Sale Agreement.
4.2.2.    If the Customer selects cash on delivery as the mode of payment, the Customer shall make the payment on receiving the shipment.
4.3.    All shipments are insured and insurance is included in the cost of delivery.

5.    Costs, mode and term of product delivery and collection

5.1.    Product delivery is available in the territories of the Republic of Poland and the European Union.
5.2.    A Product is delivered to the Customer free of charge, unless the Sale Agreement stipulates otherwise. The costs of Product delivery (including transport, service and postal services) are communicated to the Customer on the Online Shop’s websites in the tab containing information on delivery costs, when the Customer places an Order and when the Customer expresses their intent to be bound by a Sale Agreement.
5.3.    The Seller provides the Customer with the following Product delivery or collection options:
5.3.1.    delivery by courier, delivery by courier with cash on delivery.
5.4.    The term of delivery of a Product to the Customer is up to 14 Working Days, unless a shorter or other term is provided in the description of the Product or when placing an Order. Where the Products have different terms of delivery, the applicable term of delivery shall be the longest term specified, and shall not exceed 14 Working Days. The term of delivery of a Product to the Customer is calculated as follows:
5.4.1.    If the Customer has selected payment by transfer, electronic payment or card – from the day when the Seller’s bank or settlement account is credited.
5.4.2.    If the Customer has selected cash on delivery – from the conclusion date of the Sale Agreement.

6.    Product Complaint

6.1.    The rules and scope of the Seller’s liability towards the Customer for the sold Product’s physical or legal defects (statutory warranty) are laid down in the applicable laws, in particular the Civil Code (in particular Articles 556-576 of the Civil Code).
6.2.    The Seller is obliged to deliver a defect-free Product to the Customer. Detailed information on the Seller’s liability for Product defects and on the Customer’s rights is available on the Online Shop’s website.
6.3.    The Customer can make a complaint:
6.3.1.    in writing to: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw;
6.3.2.    by e-mail to: maam@maamstyle.com.
6.4.    It is recommended that the Customer include the following in the complaint: (1) information and circumstances concerning the object of the complaint, in particular type and date of the defect; (2) demand as to making the Product comply with the Sale Agreement or a statement on price reduction or on withdrawal from the Sale Agreement; and (3) contact data of the complaining party; this will facilitate the examination of the complaint by the Seller. The information stated in the previous sentence is only a recommendation, and the outcome of complaints which do not include the above-mentioned information will not be affected.
6.5.    The Seller shall promptly express its opinion on the Customer’s complaint, but not later than within 14 calendar days from the day when the complaint was submitted. If the Customer who is a consumer demands that the defective item be replaced or that the defect be repaired, or if they make a statement on price reduction and specify the amount by which the price is to be reduced, and the Seller fails to reply to such a demand within 14 calendar days, it shall be understood that the Seller has accepted that demand.
6.6.    Any Customer who exercises their rights under the statutory warranty is obliged to deliver the defective Product to the address: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw. In the case of Customers who are consumers, the costs of Product delivery shall be paid by the Seller, and in the case of Customers who are not consumers, such costs shall be paid by the Customer.

7.    Out-of-court settlement of complaints and claims, and rules of access to such procedures

7.1.    Detailed information on out-of-court settlement of complaints and claims for Customers who are consumers and the rules of access to such procedures are available on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.    The President of the Office of Competition and Consumer Protection also provides contact options by phone (22 55 60 333) and e-mail (kontakt.adr@uokik.gov.pl) and the correspondence address Pl. Powstańców Warszawy 1, 00-030 Warsaw in order to assist consumers on out-of-court settlement of consumer disputes.
7.3.    Some of the options for consumers to use out-of-court settlement of complaints and claims: (1) application for the settlement of a dispute by a standing consumer arbitration court (more information on http://www.spsk.wiih.org.pl/); (2) application for out-of-court settlement of a dispute by the Voivodeship Commercial Inspector (more information on the website of the inspector competent for the Seller’s place of business); and (3) assistance from a Poviat (municipal) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (such as Federation of Consumers, Polish Association of Consumers). Assistance is provided by e-mail (porady@dlakonsumentow.pl) and via a consumer hotline (801 440 220) (the hotline is available on Working Days from 8:00 to 18:00; operator’s tariff charges apply).
7.4.    The EU’s online platform for the resolution of disputes between consumers and entrepreneurs (ODR platform) is available under the address http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website providing a comprehensive point of contact for consumers and entrepreneurs who seek out-of-court settlement of a dispute concerning contractual obligations under agreements for online sale of goods or the provision of services (more information can be found on the platform’s website or the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8.    RIGHT TO WITHDRAW FROM THE AGREEMENT

8.1.    A consumer who has concluded a remote agreement can withdraw from the agreement within 14 calendar days without specifying a reason and without incurring any costs, except for the costs referred to in item 8.8 of the Terms and Conditions. It is sufficient to send the statement by the end of the said term for the term to be observed. The statement of withdrawal can be made:
8.1.1.    in writing to: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw;
8.1.2.    by e-mail to: maam@maamstyle.com.
8.2.    A model form of withdrawal is included in Annex 2 to the Consumer Rights Act, in item 11 of the Terms and Conditions and on the Online Shop’s website in the withdrawal tab. A consumer may use the model form as an option.
8.3.    The term for withdrawal begins:
8.3.1.    for an agreement under which the Seller issues a Product and is obliged to transfer the ownership title to that Product (e.g. a Sale Agreement) – from the moment when the consumer or a third party specified by the consumer (other than a carrier) takes possession of the Product; and (1) for an agreement under which  multiple Products are delivered separately or in parts – from the moment when possession is taken of the final Product or its part; or (2) for an agreement which involves regular delivery of Products for a definite period of time – from the moment when possession is taken of the first Product;
8.3.2.    for other agreements – from the conclusion date of the agreement.
8.4.    In the event of withdrawal from a remote agreement, such an agreement shall be understood to have never been concluded.
8.5.    The Seller shall promptly, but no later than within 14 calendar days from receiving a consumer’s statement of withdrawal, reimburse to the consumer all payments, including the delivery costs of a Product (except for any additional costs resulting from the Customer’s selection of a delivery mode other than the cheapest delivery mode available in the Online Shop). The Seller shall reimburse the payment using the same mode of payment as the one used by the consumer, unless the consumer expressly agrees to another mode of reimbursement that does not involve any extra costs for the consumer. If the Seller does not offer to collect a Product from the consumer, the Seller may withhold the reimbursement of any payments received from the consumer until it receives the Product or the consumer delivers a proof confirming that the Product has been sent back, whichever is earlier.
8.6.    The consumer shall promptly, but not later than within 14 calendar days from the date of withdrawal, return the Product to the Seller or hand it over to a person authorised by the Seller, unless the Seller has offered to collect the Product. It is sufficient to send the Product by the end of the said term for the term to be observed. The consumer can return the Product to: ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw.
8.7.    The consumer is liable for any degradation of a Product caused by its use in a way other than necessary to determine the Product’s type, characteristics and function.
8.8.    Potential costs to be incurred by the consumer in the event of withdrawal from the agreement:
8.8.1.    If the consumer has selected a delivery mode for the Product other than the cheapest delivery mode available in the Online Shop, the Seller shall not be obliged to reimburse such additional costs to the consumer.
8.8.2.    The consumer shall pay the direct costs of reimbursing the Product.
8.9.    The consumer does not have a right to withdraw from the following remote agreements:
8.9.1.    (1) for the provision of Services, if the Seller has completed a service with the express consent of the consumer, who was informed in advance that they would not have a right to withdraw from the agreement once the Seller has completed the service; (2) under which the price or remuneration depends on financial market fluctuations which are beyond the Seller’s control and which may occur before the expiry of the term for withdrawal; (3) whose object involves a non-prefabricated Product manufactured according to the consumer’s specification or a Product designed to meet the consumer’s individual needs; (4) whose object involves Products which, once delivered, are permanently integrated with other items due to their nature; (5) for the delivery of dailies, periodicals or magazines, except for subscription agreements; (6) concluded by way of a public auction; (7) for the delivery of digital content which is not recorded on a physical data medium, provided that the service starts with the consumer’s express consent before the expiry of the term for withdrawal and after the Seller informs the consumer about the loss of the right to withdraw from the agreement.

9.    Provisions concerning entrepreneurs

9.1.    The provisions in this section of the Terms and Conditions apply only to Customers and Service Users who are not consumers.
9.2.    The Seller has a right to withdraw from a Sale Agreement concluded with a Customer who is not a consumer within 14 calendar days from the conclusion date. In such a case, the Customer who is a not a consumer may withdraw from the Sale Agreement without specifying a reason, and this shall not lead to any claims on part of that Customer against the Seller.
9.3.    For Customers who are not consumers, the Seller has a right to limit the available modes of payment and require that an advance payment is made in full or in part, irrespective of the mode of payment selected by the Customer and the conclusion of a Sale Agreement.
9.4.    Upon the issue of a Product to a carrier, all benefits and burdens associated with the Product as well as the risk of an accidental loss of or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, shortage of or damage to the Product which occurs from the moment the Product is accepted for transport to its issue to the Customer, and for any delay in the transport of the shipment.
9.5.    If the Product is shipped to the Customer via a carrier, the Customer who is not a consumer shall examine the shipment according to the time and mode established for such type of shipments. Upon discovering any shortage of or damage to the Product during transport, the Customer shall take all steps necessary to determine the carrier’s liability.
9.6.    According to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty for a Product towards a Customer who is not a consumer is precluded.
9.7.    In the case of Service Users who are not consumers, the Service Provider can terminate the agreement for the provision of an Electronic Service with immediate effect and without specifying a reason by sending a notice to that effect to the Service User.
9.8.    The Service Provider’s/Seller’s liability towards a Service User/Customer who is not a consumer, irrespective of the legal basis, is limited with respect to a single claim and all claims in total to the amount of the price paid and the costs of delivery under the Sale Agreement, but not more than one thousand zloty. The Service Provider/Seller shall be liable towards a Service User/Customer who is not a consumer only for typical damage which was foreseeable upon the conclusion of the agreement, and shall not be liable for any lost profits.
9.9.    Any disputes arising between the Seller/Service Provider and a Customer/Service User who is not a consumer shall be settled by a court competent for the registered office of the Seller/Service Provider.

10.    FINAL PROVISIONS

10.1.    All agreements concluded via the Online Shop shall be in Polish.
10.2.    Amendments to the Terms and Conditions:
10.2.1.    The Service Provider reserves the right to amend the Terms and Conditions for a valid reason, i.e.: changes in the laws; changes in the modes of payment and delivery – to the extent such changes affect the performance of these Terms and Conditions.
10.2.2.    If continuous agreements are concluded based on these Terms and Conditions (e.g. for the provision of the Electronic Service Account), the amended Terms and Conditions shall be binding on the Service User if the requirements of Articles 384 and 384[1] of the Civil Code are met, i.e. the Service User is properly notified about the amendments and does not terminate the agreement within 14 calendar days from the date of notification. If an amendment to the Terms and Conditions results in any additional fees or an increase in the currently applicable fees, a Service User who is a consumer shall have a right to withdraw from the agreement.
10.2.3.    If agreements other than continuous agreements are concluded based on these Terms and Conditions (e.g. a Sale Agreement), the amendments to the Terms and Conditions shall in no way violate any rights which Service Users/Customers who are consumers acquired before the effective date of the amendments, and in particular the amendments to the Terms and Conditions shall not affect any Orders placed or Orders in progress, or any Sale Agreements concluded, performed or completed.
10.3.    In any matters not regulated by these Terms and Conditions, universally binding Polish laws shall apply, in particular: Civil Code; Act on the provision of services by means of electronic communication of 18 July 2002 (Journal of Laws of 2002, no. 144, item 1204, as amended); for Sale Agreements concluded by 24 December 2014 with Customers who are consumers – the Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage done by an unsafe product (Journal of Laws of 2000, no. 22, item 271, as amended), and the Act of 27 July 2002 on special conditions of consumer sales and on amending the Civil Code (Journal of Laws of 2002, no. 141, item  1176, as amended); for Sale Agreements concluded on or after 25 December 2014 with Customers who are consumers – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other universally binding laws.
11.    Model form of withdrawal from the agreement
(Annex 2 to the Consumer Rights Act)

Form of withdrawal from the agreement (fill in and return this form only if you wish to withdraw from the agreement)

- Addressee:

BMG FINANCE MAŁGORZATA GŁÓWKA

ul. Jerzego Iwanowa Szajnowicza 1/7, 02-796 Warsaw

maamstyle.com

maam@maamstyle.com

– I/we(*) hereby withdraw from the sale agreement for the following items(*) from the delivery agreement for the following items(*)

– Agreement conclusion date(*)/collection date(*)

– Full name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is sent in paper form)

– Date

(*) Delete as appropriate.

 

12.    MAAM VOUCHER

12.1. Vouchers are issued by BMG FINANCE Małgorzata Główka (Issuer) in nominal values of 100 PLN,200PLN, 250PLN, 300 PLN and 500PLN or other, but not lower than 100 PLN - according to Client order.

12.2. The Voucher, according to the Terms and Conditions, is a printed form meeting following requirements:
1) has been issued by BMG FINANCE shall be in the form attached to the Terms and Conditions as attachment No. 1.
2) has it’s own individual code - a unique reference number, which is necessary to complete the order.
3) is originally issued without any corrections or any other changes or deletes of any element
4) has been activated (“Activation”)
5) has been not deactivated (“Deactivated”)

12.3. Each Voucher has it’s own, individual expiration date which is presented on the Voucher. Voucher is valid no longer than 3 months from the purchase date.

12.4. 1) Voucher is purchased with a nominal value and any other bonuses are applicable.
2) Purchase, delivery and return of the Voucher are proceeded as described in the Terms and Conditions under Product section

12.5. Voucher is activated immediately after payment is completed, in the amount relevant to the nominal value of the Voucher.

12.6. Voucher will be deactivated:
1) automatically, without any additional statements, when the date of the Bond expires
2) on Behalf of BMG FINANCE:
a) on request of the Buyer/Client. Delivered by post or email to maamstyle.com. Deactivated within 2 working days from the date of receiving the request.
b) without any request, exclusively if the Buyer delays or does not complete the payment.

12.7. The activated Voucher can be executed:
1) in themaamstyle.com online store by entering Voucher’s code in the appropriate field of the Order Form. Also in co-operative boutiques (Boutiques) during their opening hours. The list of Boutiques is presented on the maamstyle.com website under “MAAM in store” tab.
2) before it’s expiration date
3) in exchange for the MAAM Products, which are available in the maamstyle.com online shop at the time of exchange. The exchange is settled at the current gross price of the Product and Voucher’s nominal value with reservation:
a) if the Product price is higher than nominal value of the Voucher the Client is required to pay the difference according to the Term and Condition of the maamstyle.com online,
b) if the Product price is lower than nominal value of the Voucher the difference is not returned.
4) Voucher exchange cannot be done together with any other bonuses.

12.8. Voucher can be exchanged only once for MAAM Products, in the maamstyle.com online shop or co-operative Boutiques.

12.9. Voucher can not be exchanged for cash.

12.10. Issuer does not bear the responsibility of giving the Voucher by the Buyer to the third unauthorized party.

12.11. Buyer and the bearer have no rights to claim for the loss or damage of the Voucher after delivery.

12.12. Voucher is not a payment instrument in accordance to the Polish law.