MIGALOO HOME Online shop regulations

15.09.2016

I. General Terms and Conditions

1. These Regulations determine terms and conditions of sale by Moka design Monika Błaszkowska with its official seat in Koleczkowo, address: ul. Jeziorna 22, 84-207 Koleczkowo, tax identification number NIP: PL 958-128-45-57, selling goods via an online shop, website address: www.migaloohome.com. Address for correspondence: Moka design ul. Gryfa Pomorskiego 1/3 84-207 Bojano.
2. Each and every person placing an order (hereinafter referred to as the Customer) at the www.migaloohome.com online shop is obliged to read the Regulations. Unfamiliarity with the Regulations does not release the Customer from complying with rules contained herein.
3. While shopping at the online shop, the Customer confirms the fact of having Reading and read and understood these Regulations and accepts them in their current form. These Regulations make part of a Sale and Purchase Contract concluded by the shop and the Customer.
4. Contents of the www.migaloohome.com online shop do not constitute a trade offer within the meaning of Art. 543 of the Civil Code.

II. Definitions

Workdays – All week days from Monday to Friday, excluding public holidays,

Customer – a natural person, legal entity or organizational unit that is not a legal entity, with statutory legal capacity, which places an Order at the Shop,

Goods – each and every object sold via the Online shop,

Online shop – Online service available at www.migaloohome.com, enabling order placement and delivery,

Order – declaration of will made by a Customer with the intention to conclude contract with Moka design Monika Błaszkowska via the online shop, that determines essentially type and number of purchased goods,

Handling fee – a fee equivalent to 2% of the gross value of ordered goods, charged in case an order is worth or exceeds the gross amount of 5000 PLN (in foreign currency at an average exchange rate of the National Bank of Poland as on the given day) when making payment via the Przelewy24 service.

III. Customer data

1. Providing personal data in the registration form is necessary to carry out the sales transaction. Providing correct data enabling contact and delivery of ordered products is of paramount importance for the Customer. Moka design Monika Błaszkowska cannot be held liable for consequences resulting from provision of incorrect data.
2. Moka design Monika Błaszkowska reserves the right to withdraw from contract in case data provided by the Customer during registration are incomplete (missing name, surname, address, telephone no. or e-mail address), or when data provided by the Customer are incorrect or false.

III. Personal data protection

1. 1. Personal data provided by customers of www.migaloohome.com shop are processed by Moka design Monika Błaszkowska in Koleczkowo, address ul. Jeziorna 22. The provided data are used exclusively for:
   • performance of the contract,
   • if the Customer agrees to – informing about new products, services and promotions offered by the shop www.migaloohome.com within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2002 no. 144, item 1204, with further amendments).
2. Personal data will not be shared to any other entities for marketing purposes.
3. The Customer has the right to access, complement and update their data as well as demand data correction, stoppage of their processing and deletion, should they be incomplete, out of date, false or have been collected violating the Act or have become unnecessary for the performance of the objective they had been collected for. Other rights and obligations of a Customer concerning personal data have been defined in the Act of 29 August 1997 on Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926 with further amendments).
4. The Customer provides their data voluntarily, however their lack makes it impossible to make a purchase at Migaloohome online shop. When making a purchase the Customer grants their consent to use their personal data uniquely for performance of the order by the Seller (i.e. to deliver the Customer the consignment and make settlements).
5. The Customer undertakes to protect their passwords and user names that they use in Migaloohome online shop. The Client will be held liable for transferring the password and enabling the use of their account by third parties. The Customer will be held liable for all and any activities done using their password or account. The Customer undertakes to inform Moka design Monika Błaszkowska without delay of the fact that their account has been used by unauthorized persons and of other violations of security known to them, in writing, sent by traditional mail or e-mail at info@migaloohome.com.

IV. Purchase

1. Orders at Migaloohome online shop may be placed 24/24 throughout the entire calendar year. Orders placed on weekdays after 1.00 pm, Saturdays, Sundays and holidays will be dealt with the following weekday.
2. Before placing an order, the Customer puts selected product(s) they intend to buy in a virtual basket. When selecting products the Customer may freely administer the contents of the basket by adding new products or deleting them from the basket.
3. After the final selection of goods for purchase, the Customer is directed to the ordering form of Migaloohome online shop. The order form specifies:
   • delivery address,
   • delivery type,
   • payment method,
   • data for issuing invoice, if required.
4. By placing an Order at Migaloohome online shop the Purchaser grants their consent for the processing of their personal data uniquely with the aim of completing their Order.
5. After an Order has been placed correctly, the shop sends the Customer without delay a message at the e-mail address provided when placing an Order or during registration that the Order has been accepted for completion. The contract is concluded when the Customer is sent a message accepting their order by Migaloohome online shop.
6. In order to cancel uncompleted Order, a message cancelling the purchase must be sent within 24 h from placing the Order at info@migaloohome.com. The refund for goods will be paid onto the account from which payment was made within 10 working days.
7. When cancelling purchases worth more than 5000 PLN gross (in foreign currency at an average exchange rate of the National Bank of Poland as on the given day), the handling fee will be borne by the Purchaser (point I).
8. The Customer is informed about current Order completion state by e-mail.

V. Payment

1. All prices quoted at Migaloohome online shop are in Polish zloty (PLN), euro (EUR) and dollars (USD) and are gross prices.
2. Quoted prices do not include delivery costs.
3. Migaloohome online shop offers the following payment methods for placed orders:
   • prepayment on to Moka design Monika Błaszkowska bank account, also via electronic payment system Przelewy24
   • cash in case the Customer collects ordered products in person, at their expense, at the seat of Moka design Monika Błaszkowska.

VI. Delivery

1. 1. Products ordered at the online shop are delivered by courier. The time needed for receiving a consignment is made up of the following:
   • order completion time (producing the product, picking ordered products, payment method, issuing sale document, preparation of parcel),
   • delivery time, depending on selected delivery method.
2. Migaloohome online shop reserves the right to extend the order completion time to 10 working days. In case of delay, the Customer will be notified via e-mail about the new delivery date. The goods should reach the Customer within 48 hours from being sent within the territory of Poland. This time does not include Saturdays, Sundays and holidays. Delivery time outside Poland will be specified each time an order is placed. In case cash on delivery method is selected, an order is completed immediately after receiving confirmation from the Customer. In case transfer onto bank account is selected – after our bank books the payment.
3. Orders that do not include all the required Customer personal or contact data or contain false data will not be completed. Upon Customer’s request, an invoice will be attached to the goods sent. Delivery costs are calculated each time on the basis of the number and size of all ordered products.
4. The goods delivered may differ slightly from the photograph placed on the shop’s website. This concerns especially colours of the products. The seller cannot be held liable for the differences in looks that result from subjective perception of pictures presented at the www. migaloohome.com site or result from individual parameter settings of Customer’s graphics card and monitors.
5. Delivery time depends on the selected form of payment.
6. A proof of purchase is issued with the purchase in form of an invoice or receipt. Should there be no proof of purchase, please report this fact so we can issue it. The Customer also confirms a delivery note attached to the consignment in case of personal receipt.
7. At the reception of the consignment the Customer should check, in Courier’s presence, whether packaging containing goods is originally packed. Should the parcel be open or visibly damaged, a damage protocol must be drawn up in Courier’s presence (a Courier has the complaint form on them), the parcel should not be collected and the shop should be contacted immediately. Having collected a non-damaged consignment, the parcel should be opened and checked, whether its contents corresponds to the order. If necessary, a complaint protocol should be drawn up and the shop should be contacted immediately. According to the applicable shipping law, a Customer who notices damage to the contents of the consignment after the Courier leaves, may report this fact to the Courier company and demand a Courier to come in order to draw up a protocol. A Courier is obliged to arrive and draw up a claimed damage protocol.

VII. Return of goods

1. 1. Pursuant to Art. 27 of the Act of 30.05.2014 on Consumer Rights, the Consumer has the right to withdraw from the contract without specifying reasons by sending a declaration of will at the Sellers correspondence address or at info@migaloohome.com within 14 days from the delivery of goods to the Customer.
2. The Customer is obliged to return the goods within 14 days from the day they have withdrawn from the contract. In order to keep the indicated deadline it suffices to send the goods before its lapse.
3. The returned goods should be in an unaltered state, i.e. may not bear traces of use and must have original labels. The Customer will be held liable for the reduction of value of goods resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the goods.
4. The right to withdraw from the contract concluded remotely without a reason can be exercised by consumers, i.e. natural persons that conclude contracts for purposes outside their trade, business or profession (Art. 221 of the Civil Code).
5. The Customer sends back the goods being the subject of the contract they withdraw from at their own expense and risk.
6. Migaloohome online shop reimburses the money through the same payment method as used by the Customer, unless the Customer has explicitly granted their consent to a different payment method, which does not entail any costs to them.
7. Should the gross value of purchased goods be 5000 PLN (in foreign currency at an average exchange rate of the National Bank of Poland) and more, the Customer shall pay a handling fee (see point II).

VIII. Warranty and guarantee

1. Moka design Monika Błaszkowska assumes liability towards the Customer for non-conformity of goods purchased by such Consumer with the contract, in scope defined in the Act of 27 July 2002 on special terms and conditions of consumer sales and on the change of the Civil Code (Journal of Laws no. 141, item 1176 with further amendments).
2. All goods sold by Moka design Monika Błaszkowska are brand-new and covered by a 12-month guarantee.
3. In case of complaint, please send the purchased goods to the company’s correspondence address. Please also attach a copy or original of the proof of purchase and a description of the defect.
4. Moka design Monika Błaszkowska keeps a technical support via an e-mail box: info@migaloohome.com. All question regarding irregularities in the functioning of purchased goods should be reported there. Next, the defect is initially diagnosed, as it often happens that the reason behind incorrect functioning of goods is its incorrect installation. Should a diagnosis of reasons behind faulty functioning of goods be not possible, the Customer will be informed about further steps.