Definitions

The terms used in these Terms and Conditions have the following meanings:

1.1. PASSWORD – a sequence of alphanumeric characters necessary to receive authorization in the process of obtaining access to the Account, set independently by the Customer during the Registration process.

1.2. CUSTOMER – a natural person with full legal capacity and, in the cases provided for by the generally applicable provisions – a natural person with limited legal capacity; a legal person or an organizational unit without legal personality to whom an act has granted a legal capacity, and which intends to conclude or has concluded a Sale agreement or an Agreement for the provision of Electronic service.

1.3. CIVIL CODE – the Civil Code act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

1.4. CONSUMER – a natural person for whom the conclusion of a Sale agreement or an Agreement for the provision of Electronic service is not directly related to its business or professional activity.

1.5. ACCOUNT (CUSTOMER ACCOUNT) – subpage in the Store, where data about, among other, the Customer’s Orders in the Online store are being collected.

1.6. PRODUCT – a movable available in the Online store which is a subject of the Sale agreement between the Customer and Seller.

1.7. REGULATIONS – these regulations of the Online store.

1.8. REGISTRATION – one-time action involving the creation of the Customer Account completed using the registration form provided by the Service Provider on the Store’s website.

1.9. ONLINE STORE (STORE) – the online store of the Service Provider available at www.funwithmum.pl through which the Customer can conclude a Sale agreement or an Agreement for the provision of Electronic service.

1.10. SELLER – Maciej Grams conducting business under the name Maciej Grams (business address: Wiśniowy Sad 15/2; 03-259 Warsaw) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP (Tax Identification Number) 7971810142, REGON (National Register of Business Entities number) 142580303, e-mail: [email protected], telephone number: (+48) 792 029 209 (fees charged as per standard connection – for details visit the appropriate operator).

1.11 WEBSITE – the Service provider, Seller or Customer.

1.12 SALE AGREEMENT (AGREEMENT) – an agreement for the sale of a Product within the meaning of the Civil Code concluded via the Online store.

1.13 ELECTRONIC SERVICE – a service provided electronically by the Service Provider via the Online store.

1.14 SELLER – Maciej Grams conducting business under the name Maciej Grams (business address: Wiśniowy Sad 15/2; 03-259 Warsaw) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP (Tax Identification Number) 7971810142, REGON (National Register of Business Entities number) 142580303, e-mail: [email protected], telephone number: (+48) 792 029 209 (fees charged as per standard connection – for details visit the appropriate operator).

1.15 ORDER – the Customer’s declaration of intent aimed directly at the conclusion of the Product’s Sale agreement and determining its essential conditions.

General provisions

2.1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer available to him or her under mandatory provisions of the law. In the case when the provisions of the Regulations do not comply with the provisions mentioned above, the latter provisions shall apply.

2.2. The Regulations define the rules for the use of the Online store by the Customers.

2.3. These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), and also regulate the conditions for the conclusion of Sale agreements in the Online store.

2.4. The Online store is run by Maciej Grams conducting business under the name Maciej Grams (business address: Wiśniowy Sad 15/2; 03-259 Warsaw) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP (Tax Identification Number) 7971810142, REGON (National Register of Business Entities number) 142580303, e-mail: [email protected], telephone number: (+48) 792 029 209 (fees charged as per standard connection – for details visit the appropriate operator). E-mail: [email protected] Website address: www.funwithmum.pl

2.5. The Service Provider provides the following Electronic services via the Online store:

2.6. Customer account in the Online store;

2.7. The interactive form which allows Customers to submit orders in the Online store.

2.8. Newsletter

2.9. Minimum technical requirements necessary to interact with the ICT system used by the Service Provider: – A computer with Internet access; – Access to e-mail. – Recommended screen resolution of 1024 × 768 pixels; – Web Browser: Internet Explorer version 7.0 or above with enabled JavaScript and cookies; Mozilla Firefox version 3.0 or above with enabled JavaScript and cookies or Google Chrome version 8 or above.

2.10 The Customer is prohibited from delivering illegal content.

2.11 The Customer is obliged to provide data consistent with the facts.

2.12 The Customer is obliged to use the Online store in accordance with the law and morality, having regard for personal rights and intellectual property rights of third parties.

2.13. Pursuant to the act of 4 February 1994 on copyright and related rights (Journal of Laws of 1994, No. 24, item 83, as amended) the author Maciej Grams conducting business under the name Maciej Grams (business address: Wiśniowy Sad 15/2; 03-259 Warsaw) has the exclusive right to use the work and utilize it in all fields of use and to receive remuneration for the use of the work. All materials appearing on the website such as images, product descriptions and their exposure are works and are protected by author’s economic rights. Use without permission of the author is prohibited.

Provision of electronic services

3.1. The Service Provider undertakes to provide Electronic services in the Store under the conditions and within the limits laid down by these Regulations. 3.4. Provision of Electronic services by the Service Provider is free.

3.2. Terms of concluding Agreements for the provision of Electronic services:

3.3. The Agreement for the provision of Electronic service consisting in keeping the Customer Account in the Online store is concluded at the time of Registration.

3.4. To complete the Registration, the Customer needs to provide the following data in the registration form: first and last name, address (street, house number, town and postcode), e-mail address, contact telephone number and Password.

3.5. The Agreement for the provision of Electronic service consisting in the provision of electronic interactive form that allows for submitting an Order in the Online store is concluded at the start of use of the above Service (adding a Product to the shopping cart).

3.6. The Agreement for the provision of Electronic service consisting in keeping Customer Account in the Online store is concluded for an indefinite period. 3.10. The Agreement for the provision of Electronic service consisting in the provision of electronic interactive form that allows for placing an Order in the Online store is concluded for a limited time and terminates upon placing the Order.

3.7. Terms for terminating agreements for the provision of Electronic services:

3.8. The Customer may terminate the Agreement for the provision of Electronic service for an indefinite period at any time without giving reasons with 7-day notice period.

3.9. The Service Provider may terminate the Agreement for the provision of Electronic service for an indefinite period in case when the Customer objectively grossly or persistently violates the Regulations, in particular when the Customer provides illegal content. Violations must be objective and unlawful. The agreement may be terminated after at least one unsuccessful appeal to stop or eliminate violations with a set deadline has been made. In such a case, the termination shall enter into force 14 days after notice has been received.

3.10. Termination of the Agreement for the provision of Electronic service concluded for an indefinite period by either Party does not affect the rights or benefits acquired by the parties during the term of the agreement.

3.11. Notwithstanding the foregoing provisions, the parties may terminate the Agreement for the provision of Electronic service at any time by agreement of the Parties.

Terms of concluding Sale agreements

4.1. Advertisements, price lists and other information about Products quoted on the websites of the Online store, in particular their descriptions, technical and performance characteristics and price are an invitation to conclude an agreement within the meaning of art. 71 of the Polish Civil Code.

4.2. Price of a Product displayed on the Online store’s website is given in Polish zloty and contains all the components including VAT and customs duties. However, Products’ prices do not include delivery costs which – if there are any – are indicated when placing the Order and are provided on the Online store’s website in the “Shipping” tab at: www.funwithmum.pl/koszty-dostawy

4.3. Price of the Product displayed on the Online store’s website is binding at the time the Customer places the Order. This price will not change regardless of the price changes in the Online store which may arise in relation to individual products after the Customer has placed the Order.

4.4. In order to conclude a Sale agreement for the Product through an interactive form, please go to the Online store’s website, select the Product and place an Order using the interactive form based on the messages displayed to the Customer.

4.5. When placing an Order, the following data necessary to place the Order must be provided: full name, address (street, house number, town and postcode), contact telephone number, Product, quantity of the Product, place and manner of delivery of the Product, payment method.

4.6. The Order placed via the interactive form gets placed when the “PLACE ORDER” button is clicked.

4.7. After placing the Order, the Seller immediately (1) confirms its receipt which binds the Customer with his or her statement and (2) accepts the Order for execution – at this point the Sale agreement is concluded. Confirmation of the receipt of the Order and accepting it for execution takes place through sending the appropriate message to the electronic mail address (e-mail address) the Customer specified when placing the Order.

4.8. When placing the Order using the interactive form – until the submission of the Order – the Customer has the ability to alter the data entered in the form. To do this, the Customer should follow the prompts displayed on the screen and the information available on the Online store’s website.

Delivery

5.1. In the case of the conclusion of the Sale agreement, Product’s delivery will be made not later than in 14 working days

5.2. The Seller will deliver the Products according to the Customer’s choice by mail or a carrier indicated while placing the Order.

5.3. Delivery of Products is available on the territory of the Republic of Poland.

5.4. Shipping fee will be clearly indicated during the ordering process.

Payments

6.1. The Seller offers the following payment methods: – Cash on Delivery; – Bank transfer (details of the Seller’s bank account are available on the Store’s website and in the e-mail sent to the Customer after placing an Order). – Electronic payments via Transferuj.pl. For more information visit: http://www.transferuj.pl

6.2. In the case of a payment method other than cash on delivery, the Customer is obliged to make the payment of the price under the Sale agreement within 7 days from the date of its conclusion, unless otherwise provided in the Sale agreement.

6.3. In the case of Customers who are not simultaneously Consumers, the Seller has the right to restrict the available methods of payment, including requiring prepayment in whole or in part.

Right of withdrawal from the agreement

7.1. The Customer who is also a consumer who has concluded a Sale agreement or an Agreement for the provision of electronic service may withdraw from it without giving reasons, making a statement in writing within 14 (fourteen) days. Sending a statement before the expiry of the deadline is enough to comply with this deadline. This right may be exercised by the Consumer by sending the notice of withdrawal to the following address: Wiśniowy Sad 15/2, 03-259 Warsaw

7.2. The 14 (fourteen) day deadline in which the Consumer may withdraw from the Sale agreement or an Agreement for the provision of Electronic service is counted from the date on which the Consumer received the Product in the case of the Sale Agreement and in the case of the Agreement for the provision of electronic service – from the date of its conclusion.

7.3. In the event of withdrawal from an agreement, the Sale agreement or an Agreement for the provision of Electronic service is considered void and the Customer is released from any obligations. What the Parties rendered shall be returned unchanged, unless a change was necessary in the ordinary management. The reimbursement should take place immediately, not later than fourteen days. If the Consumer has made any advance payments, statutory interest counted from the date of the advance payment are due.

7.4. The Seller shall return money via bank transfer to the bank account number indicated by the Consumer or in another manner indicated by the Consumer.

7.5. The Consumer is not entitled to the right of withdrawal from an agreement concluded remotely in the following cases: – the provision of services commenced, with the consent of the Consumer before the deadline referred to above in paragraphs 7.1 and 7.2; – in the case of audio and video recordings recorded on digital data media after the Consumer removed their original packaging; – agreements for services for which the price or remuneration depends solely on the price movements on the financial market; – benefits with properties specified by the Consumer in his or her order, or closely associated with his or her person; – benefits which, due to their nature, can not be returned or whose subject is perishable; – supplying the press; – services in the field of gambling.

Complaints procedure

8.1. Complaints for non-compliance of the Product with the Sale agreement

8.2. The Seller is liable towards the Customer who is a natural person and who purchases a Product for the purpose unrelated to professional activities or business for non-compliance of the Product with the Sale agreement to the extent specified, in particular, by the Act of 27 July 2002 on specific terms of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended).

8.3. Complaints for non-compliance of the Product with the Sale agreement can be submitted in writing to the address Wiśniowy Sad 15/2 Warsaw or via e-mail at: [email protected] The Seller will address the complaint immediately, no later than within 14 days.

8.4. The Seller’s answer to the complaint will be sent to the address specified by the Customer or in any other manner provided by the Client (e.g. electronically).

8.5. The Seller informs that in the case of products covered by a warranty the rights in this respect should be exercised in accordance with the terms set out in the warranty card. The warranty on the product sold does not exclude, limit or suspend the rights of the Customer regarding the responsibility of the Seller for the Product’s non-compliance with the Sale agreement to the extent specified by the act of 27 July 2002 on the specific terms of consumer sales and amendments to the Civil Code (Journal of Laws No. 141, item 1176, as amended).

8.6 Complaints related to the provision of an Electronic service and other complaints related to the operation of the Online store

8.7. Complaints related to the provision of Electronic services and other complaints related to the operation of the Online store can be reported in writing to the address Wiśniowy Sad 15/2, 02-239 Warsaw or via e-mail to the following address: [email protected]

8.8. It is recommended to provide as much information and facts concerning the subject of the complaint in the contents of the complaint notification, in particular the type and date of occurrence of irregularities as well as contact information – this will facilitate and expedite the consideration of the complaint by the Service Provider. 8.9. The complaint will be considered by the Service Provider immediately, not later than within 14 days. 8.10. The Service Provider’s response regarding a complaint is sent to the e-mail address of the Customer specified in the claim notification or otherwise provided by the Customer.

Personal data

9.1. The administrator of the Customer’s personal data collected via the Online store is Maciej Grams conducting business under the name Maciej Grams (business address: Wiśniowy Sad 15/2; 03-259 Warsaw) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economic affairs, NIP (Tax Identification Number) 7971810142, REGON (National Register of Business Entities number) 142580303, e-mail: [email protected], telephone number: (+48) 792 029 209 (fees charged as per standard connection – for details visit the appropriate operator).

9.2. Customer’s personal data collected by the Administrator via the Online Store are collected in order to implement the Sale agreement or the Agreement for the provision of Electronic service concluded with the Customer as well as in order to send promotional and advertising materials related to the Online store’s business.

9.3. The Customers have the right to access their data and correct and update them.

9.4. Providing personal data is voluntary but failure to provide the personal data necessary for the conclusion of a Sale agreement or an Agreement for the provision of Electronic service indicated in the Regulations results in a refusal to conclude that agreement. The data necessary for the conclusion of a Sale agreement or and Agreement for the provision of Electronic service are also indicated in each case on the Online Store’s website.

Final provisions

10.1. Agreements concluded by the Online Store are concluded in the Polish language.

10.2. In matters not regulated herein, the provisions of the law in force in the Republic of Poland, including the Civil Code, the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended);

10.3. the Act on the protection of certain consumer rights and liability for damage caused by dangerous products of 2 March 2000 (Journal of LawsNo. 22, item 271, as amended); the Act on specific terms of consumer sales and on the amendment to the Civil Code of 27 July 2002. (Journal of Laws No. 141, item 1176, as amended), and other relevant provisions of the Polish law shall apply.

10.4. The choice of the Polish law does not deprive the Consumers of the protection granted to them under the provisions which can not be derogated from by agreement under the law that would be appropriate in the absence of choice, i.e. the law of the country in which the Consumer has his habitual residence and the entrepreneur (1) conducts his business or professional activities in the country where the Consumer has his habitual residence; or (2) by any means directs such activities to that country or to several countries including that country; and the contract falls within the scope of this business.

10.5. The Company reserves the right to change the Regulations. Changing the Regulations shall take effect on the date specified by the Company, but no sooner than 7 days since the release of the revised Regulations on the Online store’s website. Orders placed by Customers before the amendments to the Regulations enter into force are executed according to the previous provisions of the Regulations.

10.6 Customers can access the Regulations at any time via a link found on the home page of the Online Store and download it and print it out. The Regulations of the Online Store are available at: www.funwithmum.pl/regulamin

10.7. and is delivered free of charge to the Customer (electronically) on every demand. Previous versions of the Regulations are available at www.funwithmum.pl/wersje-regulaminow.

10.8 Recording, securing and making the contents of the concluded Sale agreement or the Agreement for the provision of Electronic service available to the Customer occurs by (1) providing the Regulations on the pages indicated in paragraph 10.4 and (2) sending an e-mail message to the Customer, and in the case.

10.9. a Sale agreement also by (3) attaching the purchase receipt, Order specifications and a written confirmation of information in accordance with the provisions concerning agreements concluded remotely to the shipment.

10.10 Disputes arising between the Service Provider, the Seller and the Customer who is also a Consumer shall be submitted to common courts. Disputes arising between the Service Provider, the Seller and the Customer who is not a Consumer shall be submitted to the competent court proper for the seat of the Service Provider or the Seller.

Dear customers, we guarantee delivery before 24/12/2017 for orders placed until 8/12/2017. After this date, use the code: Happy2017 at checkout and get 10% off for all products! Dismiss