MAKO STORE | Terms & Conditions
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Terms & Conditions

Terms & Conditions

STORE TERMS OF USE

 

§ 1
General provisions

 
1. These terms of use present the conditions for purchase in Store for Customers whose delivery address was specified as a place beyond the territory of the Republic of Poland.
 
2. The following notions in these terms of use have the following meaning:

a) Working days – all days of the week from Monday to Friday, excluding Polish bank holidays.
b) Customer – a person using Store, a natural person, with full legal capacity (therefore, in principle, at least of 18 years of age), a legal person or an organizational unit, not a legal person that is given their legal capacity by the law.
c) Consumer – a natural person that undertakes the legal act not directly related to their business of professional activity (Art. 22 of the Civil Code).
d) Customer account– collection of Customer information, as well as actions performed by Customer in Store (including customer data necessary for execution of submitted orders, order record, execution status of orders being processed).
e) Store or Internet store – Internet store operating at www.alohafromdeer.com, managed by Seller, through which Seller offers goods to Customers.
f) Seller - MAKO STORE Sp. z o.o., ul. Mokotowska 14, 00-542 Warsaw POLAND, VAT nr PL 7010564707, info@mako-store.com,  tel. (+48) 501 169 130
g) Goods – merchandise available in Store.

3. Pricing in Store shall not constitute an offer as defined in the provisions of the Civil Code, but solely invitation to enter into a contract. 

4. Prices in Store are given in Euro (gross, after adding any duties, VAT tax, and other taxes). Pricing  contain shipping and payment cost in Europe. Beyond Europe these costs are every time decided upon by Customer - the final price in relation to the contract for selling Goods is specified during the process of offer (order) placement, in accordance with §3 section 1 and 2.

§ 2
Account registration


1. Customers are offered the possibility of registration in Internet Store, which results in creating user Account.


2. Registration process means:


a) Customer filling in the registration form available on the Store website (the form presents itself when selecting appropriate Store subsite or when placing the order). It is required that at least the fields marked as obligatory be filled in. These are: name and surname or company name, address, shipping address (if different from user’s address), email address, and-in case of business activity- company name and NIP (Tax Identification Number),
b) acceptance of the terms of use and cookie policy.


3. After filling in the registration form, Customer is sent a message via e-mail to the address provided during registration. Customer is requested to confirm the information by clicking on the attached link. Customer Account is established as soon as the confirmation process has taken place. 


4. Customer is entitled to remove the Store account at any time by sending appropriate request at info@alohafromdeer.com


5. Seller is entitled to terminate Account of a particular Customer also in case of the rule violations, especially when Customer:
a) Provided during registration in Internet Store inaccurate, outdated or invalid information that might be misleading or might infringe rights of third parties. 
b) Through the Internet store committed an act of infringement of personal interests of third parties, especially personal interests of other Customers of the Internet Store,
In such a case re-registration is not permitted.


6. Terminating Account shall not impact validity of earlier legal actions performed by Seller with Customer in Store.

 

§3
Product liability

1. Seller bears responsibility for faulty Goods in case of Customers who are Consumers in line with the conditions specified in the Law of 27 July 2002 on special conditions of consumer sales and on changes in the Civil Code, and in case of other Customers – in line with the conditions specified in the Law of  23.04.1964 r. – the Civil Code.
2. Faulty goods (complaints) might be submitted via e-mail at info@mako-store.com or in writing at the Seller’s address provided in §1.
Customer shall, if possible, write the following in the content of the letter of complaint:
a) fault description, including, especially: what the fault is and when it was discovered.
b) the date of revealing the fault.
c) what Customer request is in connection with complaint submission.
- However, lack of any of the above elements in the letter of complaint submitted by  Customer who is Consumer shall not preclude consideration of the complaint. Sending complete documentation might however speed the proceedings.

§4

Goods exchange and return

1. Customer who is Consumer might refer to Seller to exchange the purchased Goods for another copy of the same Goods or other Goods available in Store – for an additional charge or return of the difference in value. Shall it be necessary to return Goods, Customer decides on the form of return.
2. In case of Seller giving consent to exchange Goods /merchandise, the shipping cost shall be covered by Customer.

2. A Customer who has entered into an agreement at a distance, may withdraw from it without giving reasons, making a statement in writing, within 10 days of receipt of shipment. The return should take place no later than 14 days. Goods should be returned in such a state in which it was purchased, in original packaging with proof of purchase (which also guarantees).

Store guarantees the repayment amount equal to the price of goods.

§5

Personal data

1. Seller processes personal data of Customers exclusively in the range provided for by the provisions of law, including the Law of 29 August 1997 on personal data protection (i.e. – Journal of Laws  02.101.926, as amended) or these terms of use.

2. Seller shall undertake the necessary technical and organizational means to protect the processed personal data.

3. Through Account registration or order placement in accordance with §2 and 3, Customer gives consent to process personal data given in the registration form or order form so that Seller can perform their duties resulting from the contract with Customer, and also these terms of use (especially – for goods shipment,  invoice issue, and handle ongoing correspondence).

4. In case of and in line with the conditions specified in the Law on personal data protection, especially in art. 24 and art. 32-35, Customer is entitled to access their data, correct it or delete it.

5. Customer might give consent to have their personal data processed by Seller for marketing purposes, as well as consent to be sent trade information by Seller via e-mail. 

6. In each case disclosure of personal data by Customer is voluntary- subject to that fact that some data is essential for Seller to execute the sale contract concluded through Store.

7. Customer personal data might be disclosed to a third party if such right or duties result from the rule of law.

§6

Technical requirements, prohibition of posting illegal content, complaints regarding Store operation

 
1. Through Store Seller provides Customers with the possibility of free use of the following e-services (within the meaning of the law of 18 July 2002 on providing e-services, Journal of Laws .2002.144.1204  as amended):
a) making Store content available.
b) concluding sale contracts for Good with Seller through Store in line with the conditions specified in these terms of use.

2. In order to use the above services Customer shall have at their disposal: a device that might be connected to the Internet and has an operating system, Internet connection, as well as an e-mail account. 

3. The conditions of storing cookies by Seller on Customer’s devices, as well as Seller’s access to those cookies are specified by Cookie Policy which is attached to these terms of use.

4. Customer shall not use this Store to post content (e.g. comments) of illegal character– including content promoting violence or pornography or content infringing rights of a third party. Shall Seller receive any official notification or reliable information regarding illegal character of stored content provided by Customer, Seller might prevent access to this content. 

5. Customer shall:
a) not make use of Store in a way that interferes with its functioning, especially by use of specific software or devices. 
b) not take actions such as: circulating or posting spam in the Internet store,
c) use Internet store without causing inconvenience to other customers and Seller,

6. In case of dissatisfaction with Store operation, Customer is entitled to submit a complaint via e-mail at: info@alohafromdeer.com. Customer shall be informed about the way of handling their complaint at the e-mail address it was sent from within 14 days from its receipt by Seller. 
 

§7

Changes to terms of use

 
1. Seller is entitled to change the provisions of these terms of use. In such a case:
a) registered Customers shall be informed about the changes via e-mail at the address provided at registration – at least 14 days before the changes are in place.
b) registered Customers shall be asked for acceptance of changes of the terms of use next time they log in.

2. Lack of acceptance of the changes in the terms of use is equal to termination of the e-services contract, specified in §9 of these terms of use effective immediately and resulting in terminating Customer’s Account – subject to §10 section 3 below.

3. Changes of the terms of use shall not infringe the rights accrued by Customers; and they shall not impact the placed orders that shall be processed based on the existing terms of use.

§8
Final provisions

1 The governing law applicable for these terms of use, as well as for all contracts concluded under this law (especially for sale contracts for Goods) is the law of the Republic of Poland.

2 In case of Customers who are Consumers whose permanent residence is European Union (except for Denmark) but outside of the Republic of Poland– section 1 is applied to the extent that it shall not exclude application of regulations applicable in the country of permanent residence of Consumer, the ones that shall not be excluded on the grounds of the contract  (see Art. 6 of the Directive of the European Parliament and European Council of 17 June 2008 on the governing law applicable for contractual obligations [Rome I, Journal of Laws of .UE.L.2008.177.6]).

3 In the event a dispute arises based on these terms of use or contracts included in its execution shall be settled by Polish common court having jurisdiction in accordance with the applicable regulations.