§1 About the Seller
The Internet shop available at https://mieszkokomiks.pl/ is owned by Robert Siwek Elementary Consulting entered in the Central Register and Information on Business Activity (CEIDG) kept by the Minister of Economy, with its registered office at Chłopicki 49/17 04-275 Warsaw, NIP 113-231-86-33, REGON 142135900.
The Regulations set out the rules of making a purchase and return in the Internet shop https://mieszkokomiks.pl/.
§2 Preliminary provisions
- You do not need to create an account to view the Store’s range or place an Order. To make a purchase, you must accept cookies and provide personal data necessary to complete the Order.
- To browse the Store’s website we recommend using the Google Chrome web browser version 75.0.3770.100 or later.
- All prices of Products available in the Shop are given gross (including VAT) in Polish zloty.
- The final amount to be paid for the Order is the price of all ordered Products including the price of delivery, which you can check in the “Delivery costs” tab, as well as when placing an Order.
- You can contact us in the following ways:
- Rules and Regulations – these rules and regulations specifying the rules of using the Store.
- Shop – an online shop run by the Seller available at https://mieszkokomiks.pl/, offering the sale of comics and accessories.
- Seller – the owner of the Store as defined in §1 point 1. 1. of these Regulations,
- Consumer – a natural person making an order in the Store for purposes not related to the conduct of business or professional activity.
- Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, carrying out in its own name a business activity.
- Customer – any entity reviewing the product range or placing an Order through the Store.
- Product – an item available at the Store which is the subject of a Sales Agreement between the Seller and the Customer. Some products are available as part of a pre-order campaign.
- Order form – an online form by means of which the Customer provides the Seller with data concerning the order and personal data necessary for its execution.
- Order – a declaration of will of the Customer made by means of the Order Form and aimed directly at concluding the Product or Products Sales Agreement with the Seller.
- Contact Form – an electronic form enabling the Customer to contact the Seller via the website. Providing personal data in the form is voluntary, but providing a working email address is necessary for the Seller to respond.
- Contract – a contract of sale of the Product concluded or concluded between the Customer and the Seller through the Store.
§5 Purchase process
- You do not need to register or create an account to place an Order.
- To make a purchase, go to the Store’s website and click “Buy comic”.
- Select the Products you want to order and their quantity and add them to your shopping cart. Click “Buy now!” to go to the Purchase Form.
- Enter your shipping details, including personal data necessary to complete your Order. This data includes your first and last name address, the email to which we will send communication regarding the status of your order. If you are an Entrepreneur, send us an invoice order by e-mail with the order number.
- Before finalizing your Order you can verify it on the summary page. To confirm it, click “Buy and pay” using Paypal.
- When you click the button, a page will open to select the Paypal payment type.
- The operator of payment for Orders is PAYPAL POLAND SP Z O.O. REGON No.: 141108225 NIP No.: 5252406419, Emilii Plater 53, Warsaw 53 00-113. After clicking the “Buy and pay” button you will be taken to the PAYPAL system page where you can finalize the transaction.
- After the payment is finalized, we will immediately confirm the acceptance of the Order for execution by sending you an email confirming the conclusion of the Sales Agreement.
§6 Order execution
- Orders are fulfilled by sending a comic book in PDF format to the e-mail address indicated in the order.
- If you are a Consumer, you have the right to withdraw from the Sales Agreement without giving any reason within 14 days from placing an order by you or the person indicated by you.
- In order to withdraw from the contract, it is sufficient for you to send us such information to email@example.com or via the Contact Form at https://mieszkokomiks.pl/ before the expiry of the deadline specified in point 1. In your message, provide us with the transaction number and an expression of your willingness to withdraw from the Sales Contract. You may also use the form as an attachment to the Act on Consumer Rights of 30 May 2014 (given below), but this is not obligatory.
- Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)
Robert Siwek Elementary Consulting
49/17 Chłopickiego St.
– I(*) hereby inform you of my/our withdrawal from the contract of sale of the following items(*) contract for the supply of the following items(*) contract for the performance of the following items(*)/for the provision of the following service(*) – Date of contract(*)/collection(*)
– Name of consumer
– Consumer address
– Podpis konsumenta(-ów) (tylko jeżeli formularz jest przesyłany w wersji papierowej)
(*) Delete where not applicable.
- If you are a Consumer and you submit a request to withdraw from the contract electronically, we will immediately acknowledge receipt of the request in a return message.
- Consequences of the withdrawal of the Consumer from the Agreement concluded at a distance:
- If you are a Consumer and you submit a request to withdraw from the Agreement, the Agreement is deemed not concluded.
- Upon receipt of the request to withdraw from the Agreement from the Consumer, immediately and no later than within 14 days of receipt of this request, we shall return to you all payments made by you for the Order to which this request relates, that is the costs of the Product(s) and delivery.
- We will reimburse you using the same payment method as you used for your purchase, unless we agree otherwise, without any additional costs resulting for you.
- We may withhold payment until we have received the returned Product(s) or you have provided us with proof of return, whichever is earlier.
- The consumer should send the Product(s) back to our address as stated in §1 point 1. of these Terms and Conditions immediately, no later than 14 days after you have informed us of your wish to withdraw from the Contract. The deadline will be met if you send back the Product(s) before the expiry of the 14-day deadline.
- The consumer shall bear the direct costs of returning the Product(s), even if, due to its nature, the Product(s) cannot/ cannot normally be returned by post.
- The Consumer is only liable for any reduction in the value of the Product(s) resulting from the use of the Product(s) in a manner other than necessary to determine the nature, characteristics and functioning of the Product(s).
- If, due to its nature, a Product(s) cannot be sent back by ordinary mail, information about this, as well as the costs of its return, will be placed in its description in the Shop.
- The right to withdraw from a distance contract shall not apply to the Consumer with respect to the Contract:
- The right to withdraw from a distance contract shall not apply to the Consumer with respect to the Contract:
- the provision of services if the trader has performed the service in full with the express consent of the consumer, who was informed before the performance began that he would lose his right of withdrawal once the trader has performed.
- Where the price or remuneration depends on fluctuations in the financial market which are outside the trader’s control and which may occur before the withdrawal period expires.
- where the performance is for an item that is not manufactured, produced to the consumer’s specifications or intended to meet his personalised needs.
- where the subject-matter of the performance is an item which is liable to deteriorate rapidly or has a short shelf-life.
- where the benefit is provided for an item delivered in sealed packaging which cannot be returned for health or hygiene reasons if the packaging has been opened after delivery.
- where the subject of the service is an item which, after delivery, due to its nature, is inseparably connected with other items.
- where the subject matter of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the trader has no control.
- where the consumer has explicitly requested the trader to come to him for urgent repair or maintenance; if the trader provides in addition services other than those which the consumer has requested, or supplies items other than replacement parts necessary for the performance of the repair or maintenance, the consumer shall have a right of withdrawal in respect of those additional services or items.
- where the subject matter of the performance is sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery.
- The consumer shall have the right to withdraw from the contract for the supply of newspapers, periodicals or magazines, except for subscription contracts.
- concluded by public auction.
- o provision of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service.
- o the supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
§8 Complaint procedure
- In the Shop we offer a comic book in PDF file. We undertake to provide the Consumer with files free of defects.
- In the case of receiving a defective product, the Consumer has the right to a warranty complaint in accordance with the regulations contained in the Civil Code.
- To lodge a complaint, it is sufficient for you to send us such information at firstname.lastname@example.org or through the Contact Form at https://mieszkokomiks.pl/. In your message, provide us with the transaction number, the reason for the complaint and your preferred solution (e.g. refund or exchange). We will consider complaints immediately, and those sent by the Consumer no later than 14 days after they are sent. If we do not respond to the complaint request within this period, it is deemed justified.
Customers who are Entrepreneurs cannot use the warranty complaint procedure.
§9 Out-of-court complaint handling
- If you are a Consumer, you have the right to use out-of-court means of processing and pursuing claims. You can obtain all information on this subject from the offices and websites of the district (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, Provincial Trade Inspectorates and the websites of the Office of Competition and Consumer Protection:
- Examples of out-of-court complaint handling and redress options include
- Submitting an application to a permanent arbitration court referred to in Article 37 of the Act of 15 December 2000. On Commercial Inspection (Journal of Laws of 2014, item 148 as amended), to resolve a dispute arising from the Agreement concluded with the Seller.
- Submitting a request to the provincial inspector of the Commercial Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Commercial Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings to amicably end the dispute between the Consumer and the Seller.
- Requesting free assistance in resolving a dispute between a Consumer and a Seller, also using the free assistance of the district (municipal) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association).
- Submitting a complaint via the EU ODR internet platform available at http://ec.europa.eu/consumers/odr.
- The purchased product is the sole property of the buyer. The buyer does not acquire any copyright or intellectual property rights to the product and as such may not copy or print it to others for commercial purposes without the Store’s consent. Each product is protected against illegal distribution. By executing a purchase transaction, the Buyer agrees not to make the products purchased by him available to third parties.
§12 Final provisions
- All Agreements are concluded in English.
- We may amend these Terms and Conditions for justified reasons, i.e. in the event of changes in the provisions of law or in the manner in which Orders are placed or performed, in so far as such changes affect the performance of these Terms and Conditions. We will notify you of any changes at least 14 days before the new Terms and Conditions come into force.
- Any matters not covered by these Regulations shall be resolved in accordance with the applicable provisions of Polish law, in particular the Civil Code, the Act on Provision of Electronic Services, the Act on Consumer Rights and the Act on Personal Data Protection.