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Shop Terms and Conditions

Regulations of the Makandulo online store – immerse yourself in the scents of nature –  www.sklep.makandulo.pl

1. General provisions

1.1. Online Store available at the Internet address  www.sklep.makandulo.pl . The entity running the online store is  Progress Piotr Przybysz ;
address of the place of business:  87-890 Lubraniec, Plac 3-ego Maja 12 , Włocławek poviat, Kuyavian-Pomeranian Voivodeship,
NIP 729-255-98-28,
REGON 100523746.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store sklep.makandulo.pl (except point 8 of the Regulations, which is addressed only to entrepreneurs).

1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes, to the extent and based on the principles set out in the Regulations of the Online Store. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update, delete and correct them. A detailed description of the handling of personal data is included in point 9.

1.4. Definitions:

1.4.1. Business day  – one day from Monday to Friday, excluding public holidays.

1.4.2. Registration form  – a form available in the Online Store that allows you to create an Account.

1.4.3. Order form  – Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. Client  – ​​a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which the law grants legal capacity; – which has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. Civil Code  – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).

1.4.6. Account  – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

1.4.7. Newsletter  – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.

1.4.8. Product  – a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.

1.4.9. Regulations  – these regulations of the Online Store.

1.4.10. Online store  – the Service Provider’s online store available at the Internet address:  https://makandulo.pl . The store is operated by a shopping platform from the Home.pl group

1.4.11. Seller, Service Provider – Progress Piotr Przybysz  company  ,
place of business:  87-890 Lubraniec, Plac 3-ego Maja 12 , Włocławek poviat, Kuyavian-Pomeranian Voivodeship,
NIP 729-255-98-28,
REGON 100523746,
e-mail:  shop @makandulo.pl ,
phone number:  +48 797-793-796  .

1.4.12. Sales contract  – a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

1.4.13. Electronic service  – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.14. Service Recipient  – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which the law grants legal capacity; – using or intending to use the Electronic Service.

1.4.15. Consumer Rights Act, Act  – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

1.4.16. Order  – Customer’s declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

1.4.17. GDPR  – otherwise known as GDPR (from the English name of the General Data Protection Regulation) Regulation adopted by the Council of the European Union and the European Parliament. GDPR in Poland is known as RODO (General Data Protection Regulation). The new legal requirements will apply from 25 May 2018 throughout the European Union.

2. Electronic Services in the Online Store

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

2.1.1. Account – the use of the Account is possible after completing a total of three consecutive steps by the Service Recipient – completing the Registration Form, clicking the “Create an account” field and confirming the willingness to create an Account by clicking the confirmation link sent automatically to the e-mail address provided. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.

2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: sklep@makandulo.pl  or  in writing to the address:  87-890 Lubraniec , Plac 3-ego Maja 12 .

2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps – after completing the Order Form and clicking on the Online Store website after completing the Order Form, the “I confirm purchase” field – until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact phone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.

2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.

2.1.3. Newsletter – the use of the Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the envelope icon located directly to the right of the field for entering the e-mail address. Upon creating the Account, the Service Recipient is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: sklep@makandulo.pl or in writing to the address: 87- 890 Lubraniec, Plac 3-ego Maja 12.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: computer, laptop or other multimedia device with Internet access; access to e-mail; web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; recommended minimum screen resolution: 1024×768; enabling the option of saving Cookies and Javascript in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.

3. Terms of concluding the Sales Agreement

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The price of the Product shown on the Online Store website includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by making these Regulations available on the Online Store website and sending the Customer the e-mail referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.

4. Methods and terms of payment for the Product

4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

4.1.1. Payment by bank transfer to the Seller’s bank account.

4.1.2. Electronic payments and card payments via PayU services – possible current payment methods are specified on the Online Store website in the “Payment methods” tab.

4.2. Date of payment:

4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.

5. Cost, ways and dates of delivery

5.1. Product delivery is available on the territory of the Republic of Poland. To other countries – after agreeing on the price by e-mail at:  sklep@makandulo.pl

5.2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the “Delivery Cost” tab and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

5.3. The Seller provides the Customer with the following methods of delivery or receipt of the Product:

5.3.1. personal collection.

5.3.2. InPost parcel locker.

5.3.3. InPost courier.

5.4. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a different date is provided in the description of the Product or when placing the Order. The beginning of the period of delivery of the Product to the Customer is counted as follows: if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.

6. Product Complaint

6.1. The basis and scope of the Seller’s liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law, in particular the Civil Code.

6.2. The Seller is obliged to deliver the Product to the Customer without defects. Detailed information on the Seller’s liability for a defect in the Product and the Customer’s rights are set out in these regulations.

6.3. A complaint may be submitted by the Customer:

6.3.1. in writing to the following address:  87-890 Lubraniec, Plac 3-ego Maja 12 ;

6.3.2. in electronic form via e-mail to the following address:  sklep@makandulo.pl ;

6.4. It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; request a way to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and contact details of the complainant – this will facilitate and speed up the consideration of the complaint by the Seller.

6.5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.

6.6. In the event that it is necessary for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it is necessary to deliver the Product to the Seller, the Customer is obliged to deliver it at his own expense to the Seller at the following address: 87-890 Lubraniec, Plac 3-ego Maja 12 .

7. Right to withdraw from the Agreement

7.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 7.8 of the Regulations.

7.2. The consumer is obliged to immediately, not later than within 14 calendar days from the date on which he concluded the purchase contract, return the Product to the Seller, together with the proof of purchase (receipt/invoice), to the following address: 87-890 Lubraniec, Plac 3-ego  Maja 12 . To meet the deadline, you must return the Product to the Seller before its expiry.

7.3. The deadline to withdraw from the contract begins with the receipt of the Product by the consumer or a third party indicated by him other than the carrier.

7.4. In the event of withdrawal from a distance contract, the contract is considered void.

7.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the Product from the consumer, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

7.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

7.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.

7.8.2. The consumer bears the direct cost of returning the Product.

7.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:

7.9.1. For the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to meet his individual needs.

8. Provisions concerning entrepreneurs

8.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not consumers.

8.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

8.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

8.4. As soon as the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer and for delays in the transport of the shipment.

8.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.

8.6. According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

8.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.

8.8. The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The Service Provider/Seller is liable to the Service Recipient/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits to the Service Recipient/Customer who is not a consumer.

8.9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court competent for the seat of the Seller / Service Provider.

9. Processing of personal data

Due to the entry into force of the new General Data Protection Regulation (GDPR) on May 25, 2018, the most important changes and legal requirements are presented below.

9.1. The owner of the Makandulo online store at sklep.makandulo.pl is  Progress Piotr Przybysz, 87-890 Lubraniec, Plac 3-ego Maja 12 , Włocławek poviat, Kujawsko-Pomorskie Voivodeship, NIP: 729-255-98-28, REGON 100523746, e-mail :  sklep@makandulo.pl , phone:  +48 797-793-796 . Progress Piotr Przybysz collects and is the administrator of personal data obtained as part of the online store service at sklep.makandulo.pl

9.2. Personal data is processed in accordance with applicable regulations (including the Act of August 29, 1997 on the protection of personal data) and with appropriate technical and organizational measures that meet the requirements of Polish law.

9.3. The scope of collected personal data

As part of the operation of the Makandulo online store (sklep.makandulo.pl), the following personal data is collected:

1) name and surname;

2) address of residence, correspondence address;

4) telephone number;

5) e-mail address;

6) bank account number (in case of return).

9.4. Forms of obtaining personal data

The personal data of the User or the Customer are obtained in the course of the following activities as part of the operation of the store

1) registration in the Online Store when setting up a Customer Account;

2) verification and identification of the User or Client;

3) execution of orders placed via the Online Store;

4) sending e-mails about the willingness to place an order;

5) telephone connection and willingness to place an order in the Online Store;

6) Sending opinions on products posted in the Makandulo online store (sklep.makandulo.pl),

7) use other functionalities of the Online Store.

9.5. Purpose of collecting personal data

The User’s or Customer’s personal data is collected for the following purposes:

1) using the functionality of the Online Store (including: creating an account, logging in to it and using it);

2) placing and processing orders in the Online Store;

3) creating a new product review or a new comment,

3) sending information about changes to the Terms and Conditions,

4) handling the complaint process;

5) sending commercial information by electronic means after expressing a separate consent;

6) correspondence with the User or Client to the e-mail address indicated by the User or Client;

7) informing about promotions;

8) conducting competitions;

9) preparing accounting documentation, including issuing invoices;

10) archival purposes;

11) performance of other obligations arising from the provisions of generally applicable law.

9.6. Legal basis for personal data processing:

1) art. 6 sec. 1 lit. a) GDPR – if you consent to receive commercial information;

2) art. 6 sec. 1 lit. b) GDPR – in a situation where the processing of your data is necessary to perform the contract to which you are a party;

3) art. 6 sec. 1 lit. c) GDPR – in a situation where processing is necessary to fulfill the legal obligation incumbent on the administrator – e.g. we must store it for tax purposes;

4) art. 6 sec. 1 lit. f) GDPR – when data processing is necessary for purposes arising from legitimate interests pursued by us or by a third party.

9.7. Recipients of personal data?

9.7.1. Personal data is not made available to persons or companies, except for the exceptions indicated in point 9.7.3.

9.7.2. Personal data is not sold to any domestic or foreign entities.

9.7.3. Personal data is made available only to the entities necessary for the execution of orders indicated in the list below:

1)  Banks, credit unions and payment system operators , providing payment services, cash refunds (downloads), including:  PayU SA  with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, a national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under number KRS 0000274399, with a share capital of PLN 4,944,000, fully paid up, with a tax identification number NIP: 779-23-08-495, REGON 300523444;

3) Hosting provider,  Home.pl SA , ul. Zbożowa 4, 70-653 Szczecin, NIP: 852-21-03-252, Regon: 811158242,

4) Entities providing or intermediary in ICT services,

5) persons, bodies and institutions authorized to access personal data  on the basis of applicable regulations  (e.g. Poczta Polska).

6) Entities delivering parcels – postal and courier companies.

9.8. Personal data storage period

9.8.1. Personal data is stored for a maximum of 10 years.

9.8.2. Personal data relevant to tax settlements are stored for a minimum period of 6 years.

9.9. Additional information regarding personal data

9.9.1.  Providing personal data is voluntary . Failure to provide complete personal data may prevent the use of the functionality of the Online Store and prevent the conclusion of the contract.

9.9.2. The User or Customer has the right  to access their personal data, rectify them, delete them, as well as limit processing, object to their processing, you also have the right to transfer data . For this purpose, the User or the Customer should use one of the information channels with the Online Store: by e-mail –  sklep@makandulo.pl , by post at  87-890 Lubraniec, Plac 3-ego Maja 12 . Personal data used to place Orders cannot be changed or deleted, as they are an integral part of the Agreements;

9.9.3 The User or Customer has the option  of lodging a complaint with the supervisory authority in the event of a violation of the personal data used. The competent authority is GIODO (i.e. the Inspector General for Personal Data Protection);

9.9.4. The User or Customer has the right to withdraw consent to the use of the provided personal data . Withdrawal of consent does not affect the lawfulness of the processing that was made on the basis of consent before its withdrawal. Despite the withdrawal of consent, the processes relating to orders prior to the withdrawal of consent will continue to be carried out in order to fulfill the provisions of the contract

9.9.5 Procedure in the event of a request for access to personal data

After receiving a request for access from the User or the Customer regarding access to personal data, rectification, deletion, processing restrictions, objections to their processing, requests for data transfer or not being subject to a decision based solely on automated data processing – without undue delay, no later than within 30 days of receipt of the request, information about the actions taken will be provided. In the case of complex or complicated matters or a large number of requests, the deadline may be extended to 60 days from the date of submission of the request. If it is necessary to extend the deadline, the User or Customer who provided personal data will be informed in a manner corresponding to the submitted request.

In the absence of actions related to the execution of the request – no later than one month from the receipt of the request – information will be provided about the failure to take action and about the possibility of lodging a complaint with the supervisory body and using legal protection measures before the court. 

9.9.6. Providing information in accordance with point 9.9.5  is free of charge .

10. Final Provisions

10.1. Amendment of the Regulations:

10.1.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.

10.1.2. In the case of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services – Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract.

10.1.3. In the event of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular changes to the Regulations will not impact on already placed or submitted Orders and concluded, implemented or performed Sales Agreements.

10.2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.

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