Terms & Conditions
TERMS AND CONDITIONS OF SALE IN THE Madapi WEB SHOP AVAILABLE AT
These regulations („Regulations”) define the terms and conditions for the sale of goods in the online store operating at: www.nudmuses.com (hereinafter "Online Store").
- The owner of the Online Store is: Madapi Sp. z o.o. with registered office in Warsaw (02-797), Poland, at ul. Franciszka Klimczaka 17/107, entered in the Companies Register kept by the District Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register, under the KRS number: 0000892502, Tax Identification Number NIP: 9512517188, Business Registry Number REGON: 388599973, Waste Database Number BDO 0000892502 (Hereinafter referred to as “Madapi”), tel: +48 786 959 476.
To use the Online Store, including viewing the Goods available in the Online Store's assortment and placing orders, it is
necessary to use:
- computer, telephone, tablet or other device with access to the Internet;
- web browser: Safari, Chrome, Internet Explorer, Firefox or Opera;
- an active e-mail account.
- Customers of the Online Store must be adult natural person with at least limited legal capacity as well as legal persons or organizational units without legal personality, having legal capacity.
- Customer - any person who uses the Online Store in any way.
- Cart - an element of the Online Store, in which the Customer specifies the details of the order, such as: Customer data, quantity of Goods, delivery address, invoice data, delivery method, payment method and other data that must be made available in connection with the execution of the order.
- Newsletter - commercial information about Madapi, including in particular Goods, news, promotions, etc.
- Online Store - an IT platform managed by Madapi, operating at: www.nudmuses.com
- Goods - products that can be ordered in the Online Store.
III. RULES FOR PLACING ORDERS
- Before placing an order in the Online Store, the Customer should read Terms and conditions of sale.
- Information about the Goods available in the assortment of the Online Store does not constitute an offer within the meaning of the Civil Code. Information about the Goods provided on the website of the Online Store constitutes an invitation to submit offers by customers.
- By placing an order in the Online Store, the Customer makes Madapi an offer to conclude a sale (purchase) contract for the selected Goods. The conclusion of the sales contract requires the placing of an order by the Customer, and then confirmation of the acceptance of the order by Madapi to the Customer, after Madapi verifies the availability of the Goods in the warehouse.
- Placing orders in the Online Store is possible 7 days a week, 24 hours a day.
- The Customer may place an order in the Online Store by selecting the Goods presented on the Online Store website and adding them to the Cart.
- After adding the Goods to the Cart and providing the data necessary to complete the order, the Customer confirms the order by clicking the button: "ORDER AND PAY".
- The prices of the Goods available in the Online Store at the time of placing the order by the Customer are binding for the Customer and Madapi. The prices of the Goods available in the Online Store are given in PLN or EUR (depending on the Customer's choice) and include VAT (they are gross prices).
- The price of the Goods given on the website of the Online Store does not include the cost of shipping the Goods to the Customer. The price of the Goods is added to the shipping cost, the amount of which is indicated in the Cart, before the Customer confirms the order. Shipping costs depend on the method of delivery of the Goods to the Customer, on the value and size of the order.
- The entity providing online payment services is Stripe.
A customer placing an order in the Online Store may use the following payment methods:
- payment by bank transfer - before collecting the ordered Goods, to the Madapi bank account indicated on the Online Store website: www.nudmuses.com;
- online payment by means of fast transfers, Blik or by card, via the website of the payment operator - Stripe.
IV. ORDER FULFILLMENT
- Madapi confirms to the Customer the acceptance of the order to the e-mail address provided by the Customer when placing the order, within 5 working days or, in the case of promotional campaigns, up to 10 working days from the date of placing the order.
- If the execution of the order placed by the Customer is not possible due to the unavailability of the Goods (e.g. due to the simultaneous placing of an order for the same Goods by many customers), Madapi informs the Customer about this fact within the time limit indicated in paragraph 1 above, by sending a message to the e-mail address provided by the Customer. In the event of the unavailability of some of the Goods covered by the order, the Customer decides whether the order is to be partially or completely canceled.
- The Customer may change or cancel the order via the e-mail address: email@example.com, until Madapi sends the ordered Goods.
- In the event of cancellation of the order in the situation referred to in paragraph 2 or sec. 3 above, if the payment has been made in advance, Madapi will reimburse the Customer for the amount paid (or part of it if the order is partially fulfilled) within five working days from the date of cancellation of the order.
- Goods ordered in the Online Store are delivered to the address indicated by the Customer at the time of placing the order within the territory of the Republic of Poland within five business days or, in the case of promotional campaigns, up to ten business days from the date of sending the confirmation of the order acceptance to the Customer.
- The condition for accepting the order for execution is the prior payment for the ordered Goods. If the Customer chooses the method of payment by bank transfer, Madapi will accept the order for execution after the payment for the ordered Goods is credited to Madapi bank account. If the Customer chooses the method of payment by bank transfer, the Customer should make the payment within three days from the date of placing the order.
- The delivery of the parcel to the Customer is carried out via a courier company (DHL or InPost) or via InPost parcel machines, to the parcel locker selected by the Customer. Delivery of the parcel to the Customer or to the parcel locker selected by the Customer will be made within 1 business day.
- The attempt to deliver the parcel to the Customer takes place once. In the event that the Customer was absent at the address provided, should contact the courier company and arrange a re-delivery. After the second unsuccessful delivery attempt, the Goods will be returned to Madapi, about which the Customer will be notified via e-mail to the e-mail address provided at the time of placing the order. In the case of paid orders, Madapi will contact the Customer to agree whether the order will be canceled or another attempt to deliver the order will be made.
- If the Customer indicates that is asking for an invoice when placing the order and provides the data, the invoice will be sent by e-mail to the e-mail address provided in the order.
- The customer may, without giving any reason, return the order within 14 days of taking possession of the goods by the customer itself or a third party designated by him, other than the carrier, by submitting Madapi a declaration of withdrawal from the contract in accordance with art. 27 of the Act of 30 May 2014 on consumer rights. To meet this deadline, it is enough to send a statement before its expiry. The customer may submit a statement using the model withdrawal form attached as Appendix 1 to these Regulations.
- In the event of withdrawal from the contract in the manner specified in sec. 1 above, the Customer should return the Goods to the Online Store to the following address: Madapi, ul. Franciszka Klimczaka 17/107, 02-797 Warsaw, not later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to return the Goods before its expiry. The customer bears the direct costs of returning the Goods to the Online Store.
The right to withdraw from the contract is not entitled to the Customer in the cases specified in art. 38 referred to in
paragraph 1 above the act, including in relation to contracts:
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
- The Customer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- In the event of withdrawal from the contract in the manner specified in sec. 1 above, Madapi is obliged to immediately, not later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract, return to the Customer all payments made by him, including the costs of delivering the goods. If the Customer has chosen a method of delivering the Goods other than the cheapest standard delivery method offered by Madapi, Madapi is not obliged to reimburse the consumer for additional costs incurred by him (Madapi shall then reimburse the costs of delivery equal to the cheapest method of delivery offered by Madapi when placing the order).
- Madapi shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
- Madapi may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, depending on which event occurs first.
- The provisions on the consumer contained in this section V shall also apply to a natural person running a sole proprietorship, concluding a contract with Madapi related to his business, when the contract of sale is not of a professional nature for that person, resulting in particular from the object performed by him. business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Madapi undertakes to deliver to the Customer the Goods without defects.
- Madapi is liable to the Customer if the item sold has a physical or legal defect, on the terms specified in the provisions of the Act of 23 April 1964 Civil Code.
- Complaints related to the non-compliance of the Goods with the contract may be submitted, for example, in person, in writing to the address of Madapi: ul. Franciszka Klimczaka 17/107, 02-797 Warsaw or to the email address: firstname.lastname@example.org
- Madapi will consider and respond to the complaint submitted by the Customer immediately, no later than within 14 days from the date of submission of the complaint.
- The customer who is a consumer has the option of using extrajudicial means of dealing with complaints and redress. In particular, the Customer may submit a request to initiate mediation proceedings to the Provincial Inspector of Trade Inspection or apply to the Permanent Consumer Arbitration Court operating at the Provincial Inspector of Trade Inspection with a request to resolve the dispute. The consent of both parties is required to use extrajudicial means of dealing with complaints and redress.
- A customer has the opportunity to take advantage of assistance in resolving a dispute with the seller and obtain free advice or legal information from a consumer ombudsman or a social organization whose statutory tasks include consumer protection, including Association of Polish Consumers, Federation of Consumers.
- The customer who is a consumer purchasing the Goods is also entitled to use an out-of-court dispute resolution and redress platform in the form of an interactive platform ODR (Online Dispute Resolution), in accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC.
VII. PERSONAL DATA
- The Customer may consent to receive commercial and marketing information from Madapi by electronic means, in the form of a Newsletter, to the e-mail address provided by the Customer.
IX. FINAL PROVISIONS
- Madapi is entitled to the copyrights or the appropriate license to the photos and content contained on the website of the Online Store. Copying and distributing them without the consent of Madapi is prohibited.
- The names of the Goods posted on the website of the Online Store may be protected under the provisions of the Act of June 30, 2000, Industrial Property Law.
- In matters not regulated in the Regulations, generally applicable provisions of law shall apply, including the Act of April 23, 1964, the Civil Code, the Act of May 30, 2014 on consumer rights and the General Regulation on the Protection of Personal Data of the European Union 2016/679 of April 27, 2016 (GDPR).
- Madapi does not apply the code of good practice within the meaning of the Act of 23 August 2007 on counteracting unfair market practices.
- These Regulations shall apply from 01/01/2022.
NOTICE ON WITHDRAWAL FROM THE CONTRACT
Prawo odstąpienia od umowy
In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
We may withhold the reimbursement until we receive the item or until proof of its return is provided to us, whichever occurs first.
Please send back or hand over the item to us immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
APPENDIX 1 TO THE REGULATIONS
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT[this form should be completed and returned only if you wish to withdraw from the contract]
Madapi Sp. z o.o.
ul. Franciszka Klimczaka 17/107
I / We hereby inform you about my / our return of the following products:
Date and signature: