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Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE

 

I. Definitions

 

  1. Regulations – these regulations, regulating the rules of using the website www.marblelabel.com
  2. Store – an online store run by the Seller at www.marblelabel.com, through which Users can purchase goods available in the store.
  3. Seller – Malpex sp. z o.o. with its registered office in Kraków at ul. Krupnicza 8/3a, postal code 31-123, tax identification number: 6762545988, REGON: 369576843, entered into the National Court Register under KRS number 0000721011, email: biuro@malpex.pl Tel: +48 882621927
  4. User – any entity using paid and free services of the Website run at www.marblelabel.com
  5. Consumer – a natural person purchasing products available in the store for purposes not directly related to his business or professional activity and a natural person conducting business activity, concluding a contract directly related to his business activity, when the content of this contract shows that he has no professional nature, resulting from the subject of the conducted activity disclosed in the Central Register and Information on Economic Activity
  6. Entrepreneur – a company, institution or natural person making a purchase for profit, professional purposes or directly related to the conducted business activity.
  7. User Account – a service provided free of charge electronically by the Seller, allowing the User to use additional functionalities of the Website.
  8. Website – website on which the Store is located at www.marblelabel.com
  9. Goods – a movable item, a physical product
  10. Product – all services, content and goods available for sale in the store.
  11. Content/Contents – text, graphic or multimedia elements (e.g. information about the Goods, photos, promotional videos, descriptions, comments) including works within the meaning of the Act of February 4, 1994 on copyright and related rights (i.e. Journal of Laws of 2021, item 1062, as amended) and images of natural persons that are disseminated on the website.

 

 

II.General provisions

  1. Each User may contact the Seller via the contact form or via e-mail by sending a message to the address studio@marblelabel.com as well as by phone at +48 882621927 from 10 a.m. to 5 p.m.
  2. The Seller provides the Regulations before starting the provision of website services continuously on the Store’s website.
  3. Acceptance of the Regulations is voluntary, but necessary in order to conclude the Sales Agreement.
  4. The User is obliged to comply with the provisions of the Regulations from the moment of its acceptance.
  5. Services are provided in Polish and English. The language of communication with the User is Polish and English. The contract is concluded only in Polish.
  6. The information available on the Seller’s Website does not constitute an offer within the meaning of the relevant provisions of the Civil Code, but an invitation to conclude an Agreement.
  7. These regulations indicate the terms and conditions of using the website’s services for Users, which include in particular:
  1. The range of products offered via the website includes:

 

  1. Information and a description of the products offered are provided by the Store on the card of each product.
  2. Access to the website’s services may be limited or impossible in the event of carrying out maintenance work on IT systems or failures beyond the Seller’s control. At the same time, we will make every effort to ensure that such difficulties occur as rarely and as briefly as possible.
  3. Any irregularities related to the functioning of the Website, Store, User Account should be reported to the Store’s e-mail address or by phone at the telephone number assigned to the Store.
  4. Contents such as comments, ratings, reviews, statements published by Users on the Website are their private opinions.
  5. It is forbidden for Users to provide unlawful content.
  6. Opinions about the products sold on the store’s website are not verified by the Seller.

 

III. Product reviews

 

  1. The Seller may provide the User with the option of posting opinions about the Store, Seller or products – as part of the Store or external websites belonging to third parties. In such a case, the provisions of this paragraph shall apply to posting opinions.
  2. Posting an opinion is possible after using the Store, in particular after concluding the Agreement, and posting an opinion is possible at any time.
  3. The User should formulate opinions in a reliable, honest and substantive manner, linguistically correct as far as possible and without using profanity or other words commonly considered offensive.
  4. The seller publishes both positive and negative opinions about the products.
  5. It is forbidden to post opinions:
  1. The Seller may at any time verify whether the posted opinions comply with the Regulations, and in particular whether they come from Users who actually purchased the product. Verification can be done by any means such as:
  1. In addition, in the event of any doubts of the User regarding the posted opinions, the User may submit the opinion to the Seller for verification. After receiving the notification from the User, the Seller will take actions appropriate to its capabilities, which will be aimed at verifying the opinion posted.
  2. In the event of posting an opinion that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or remove it

 

IV. Technical conditions

  1. In order to use the services of the website, Internet access is required and the ICT system used by the User must meet the following minimum technical requirements:
  1. The user should use an appropriate browser that works with his device.
  2. To use the online store www.marblelabel.com, including obtaining information about Products, it is necessary:

Active e-mail account (e-mail).

4.

The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in the functioning of the www.marblelabel.com online store caused by force majeure, unauthorized actions of a person or third parties or incompatibility of the www.marblelabel.com online store with the technical infrastructure of persons using or trying to use www.marblelabel.com

 

  1. To the fullest extent permitted by law, the Seller shall not be liable for blocking the transmission of e-mails (or deleting e-mails) by mail server administrators or by software installed on the computer of a person using the online store www.marblelabel.com, including by spam filters.

 

 

V.Free electronic services

 

  1. As part of the website, the User has the option of using free services provided electronically by the Seller, such as:
  1. The User Account can be set up during the order or directly from the website. In order to set up a User account by the Seller, the User is obliged to:
  1. User registration confirmed by e-mail is tantamount to concluding a contract between the User and the Seller for the provision of Electronic Services. The contract for the provision of Electronic Services is concluded for an indefinite period.
  2. In order to use the Newsletter service, the User is obliged to:
  1. Subscription to the Newsletter confirmed by e-mail is tantamount to concluding a contract between the User and the Seller for the provision of Electronic Services. The contract for the provision of Electronic Services is concluded for an indefinite period.
  2. The User may resign from free electronic services at any time by sending information about resignation from the service to the e-mail address assigned to the store. Resignation from the service results in deregistration of the User and loss of access to the functionalities of the Store assigned to the given service.

 

VI. Receipt and execution of orders

 

  1. The User orders the product directly on the Store’s website www.marblelabel.com. During the ordering process, the User has the option of setting up a User Account which gives him access to additional functions.
  2. To place an order and purchase a product, it is not necessary to create a User account.
  3. In order to place an Order, the User should select the product on the Store’s website that is to be the subject of the Sales Agreement, then click the “add to basket” command and then go to the subpage presenting the Basket.
  4. In the order form, the User completes the data necessary for shipment and performs:
  1. After placing an order, a message with information about the placed order is sent to the e-mail address provided by the User.
  2. The Order is processed by the Store after receiving payment for the ordered product. The exception is the situation when the goods are sent cash on delivery, in which case the order is processed immediately after its submission.
  3. The binding price for the parties is the price at which the User placed orders for the product.
  4. No payment made by the User within 3 days, i.e. no payment for the product, will result in cancellation of the order
  5. The User’s order will be processed provided that the product is available in the warehouse or from the store’s suppliers.
  1. After verifying the order, a message will be sent to the e-mail address provided by the User with information regarding:
  1. The sales contract is concluded when the User receives an e-mail containing confirmation of the order.
  2. A proof of purchase is issued for each order. After the User selects the appropriate option and provides the necessary data, a purchase invoice is issued for the order.
  3. Until the order is completed, i.e. until the product is sent for shipment, the User may make changes to the order, including withdrawing the order in its entirety.
  4. To make changes to the order, please contact the store via the contact form available on the website or by sending a message to the e-mail address studio@marblelabel.com, or by phone at +48 882621927.
  5. Information on products presented in the Store constitutes an invitation to conclude a Sales Agreement within the meaning of Art. 71 of the Civil Code, addressed by the Seller to Users, and not an offer within the meaning of the Civil Code. By placing an Order, the User submits an offer to the Seller to conclude a Sales Agreement, which the Seller, after verifying the price conditions, product availability, payment methods and delivery method, may accept and thus conclude a Sales Agreement.

 

VII. Terms of payment in the online store and delivery costs

 

  1. The prices of products in the online store are given in Polish zlotys and in euros and include applicable taxes.
  2. The given prices of the Products do not include delivery costs, which depend on the selected method of order fulfillment, order value, carrier and weight of the Products. The total price together with all costs, in particular delivery costs, is given after the Buyer completes the form available on the website indicated in immediately before clicking the “Buy and pay” button by the User.
  3. The seller is a VAT payer and issues invoices containing VAT.
  4. Each product has its price and this price is binding at the time of placing the order by the User.
  5. The store has the right to:
  1. The rights described in the above point do not affect the prices of goods purchased and ordered before the entry into force of promotional offers or changed prices.
  2. The following payment methods are available for ordered goods with delivery in Poland and abroad:

LT26 3250 0087 3947 6404

(In the case of a transfer as a form of payment, the order is processed only after it is credited to the Seller’s account together with the shipping costs)

  1. Payments are handled by the Payment Operator.
  2. The Payment Operator is responsible for the correct execution of the Payment and compliance with the security standards applicable in this respect.
  3. We reserve the right to block some payment methods for selected products.
  4. The user bears the costs of delivery of the ordered goods, unless the sales contract provides otherwise.
  5. After selecting the goods and the shipping agent, the basket will automatically charge the delivery costs.

 

VIII. Deadlines and shipping

  1. The ordered Products are delivered in one of the following ways:
  1. The order is shipped the next business day. The delivery time for a domestic parcel usually takes 1-2 working days. For international shipments, the delivery time depends on the schedule of the courier company. (in Europe approximately 2-5 business days, outside Europe approximately 2-15 business days)
  2. The User is responsible for delays or failure to deliver the goods caused by an incorrect or inaccurate address provided by the User.
  3. Personal collection is possible only after prior arrangement by the Seller of the collection date. In the absence of such an agreement, the Seller does not guarantee the possibility of personal collection of the Product.

 

 

IX. Right of withdrawal

 

  1. The consumer may withdraw from the contract within 14 days without giving any reason and without incurring costs, except for the direct costs of returning the goods to the Seller.
  2. The right to withdraw from the Agreement by the Consumer is excluded, among others in case of:
  1. The Entrepreneur is not entitled to withdraw from the contract.
  1. The consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller via the withdrawal form in writing to the email address studio@marblelabel.com.
  2. To meet the deadline, it is enough to send a statement before its expiry.
  3. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send to his e-mail address a confirmation of receipt of the declaration of withdrawal from the Agreement.
  4. The consumer is obliged to return the goods to the Seller no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the goods before its expiry.
  5. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, return to the Consumer all payments made by him.
  6. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
  7. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the goods back or delivery by the Consumer of proof of its return, depending on which event occurs first.
  8. The consumer bears the direct costs of returning the goods to the Seller.
  9. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods.
  10. The consumer is liable for the decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods. If the consumer decides to return such used goods, the Seller may demand appropriate compensation from him.
  11. The goods are returned to the following address:

Untaxa-Malpex

Krupnicza 8/3a

31-123 Krakow

  1. The payment is returned using the same payment methods that were used by the Consumer at the time of purchase, unless the Consumer clearly indicated a different form of payment refund.

 

X. Complaints

 

  1. The Seller is obliged to deliver the goods to the Consumer in accordance with the concluded contract.
  2. The Seller is liable to the Consumer under the consumer warranty for non-compliance of the goods with the guarantee or the concluded contract on the terms set out in the provisions of the Act on Consumer Rights.
  3. The seller is liable for non-compliance of the goods with the contract, which will be revealed within 2 years from the date of its delivery, unless the shelf life of the goods specified by the seller is longer. The consumer has 6 years from the moment of detecting non-compliance to make a request.
  4. The goods presented in the Store may be covered by the manufacturer’s or distributor’s warranty. Detailed warranty conditions and its duration are then provided in the warranty card issued by the guarantor and attached to the product.
  5. In relation to Users who are Entrepreneurs, the warranty is excluded.
  6. If the sold Goods are inconsistent with the contract, the Consumer may demand that the Goods be repaired or replaced with the Goods that comply with the contract.
  7. If the goods are inconsistent with the contract, the Consumer may, regardless of the requests referred to above, make a statement about reducing the price or withdrawing from the contract if:
  1. The Seller has the right to “replace” the Consumer’s request for the replacement or repair of the goods in the event that the replacement or repair of the goods is not possible or will be too expensive.
  2. The Seller is obliged to accept the complaint, repair the Good or replace the Good with a defect-free one as soon as possible, with reservations and on the terms set out in the relevant provisions of the Act on Consumer Rights.
  3. If the Consumer exercises the right to withdraw from the contract or reduce the price, the Seller shall immediately, not later than within 14 days from the date of receipt of the statement of price reduction or withdrawal from the contract, return the price due to the Consumer as a result of exercising the right to withdraw from the contract or submit a price reduction statement. The refund will be made 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.
  4. In cases not listed in the Regulations, complaints will be considered in accordance with the provisions of the Act on consumer rights
  5. Complaints may be submitted in particular by sending a notification via e-mail to studio@marblelabel.com
  6. Applications can also be submitted in writing to the following address

Malpex sp z o.o

Krupnicza 8/3a

31-123 Krakow

  1. A properly submitted complaint should contain the following data to facilitate its recognition:
  1. The complaint should be submitted in Polish or English.
  2. Complaints regarding the Store, in particular regarding the Goods, are considered by the Seller
  3. The Seller will respond to a correctly submitted Consumer’s complaint immediately, not later than within 14 days from the date of its receipt. The Seller replies to the Consumer by e-mail (to the e-mail address indicated in the complaint) or in writing (to the postal address indicated in the complaint). No response to the Consumer’s complaint within 14 days from the date of receipt of the complaint is considered to be considered by the Seller.
  4. The receipt of the goods covered by the complaint from the Consumer takes place at the expense of the Seller.
  5. The above provisions regarding complaints do not apply to the sale of damaged or defective products whose non-compliance with the contract has been precisely described and documented by the Seller in the product card, and the Consumer, at the time of purchase, declared that he had been informed by the Seller about the non-compliance by the purchased the goods with some of the requirements of compliance with the sales contract referred to in the Act on Consumer Rights, and I accept the lack of compliance of the purchased goods with the sales contract in terms of the requirements indicated in the description of the goods in the Seller’s online store.                                                                                                                                                                                                                                                                                                                                                                                                                                                                     XI. Personal data and cookie policy

 

  1. The www.marblelabel.com online store attaches particular importance to respecting the privacy of Users. Respecting the Act of August 29, 1997 on the Protection of Personal Data11 and the Regulation of the Minister of the Interior and Administration of April 29, 2004 on the documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used for data processing personal data, the www.marblelabel.ccom online store carefully selects and applies appropriate technical and organizational measures to ensure proper protection of the processed data. In particular, it protects data against disclosure to unauthorized persons, as well as against their processing in violation of applicable law. The www.marblelabel.com online store exercises permanent control over the data processing process and limits access to data as much as possible, granting appropriate authorizations for processing only when it is necessary for the proper operation of the www.marblelabel.com online store. Information Security and Information System Management Instructions, the online store www.marblelabel.com informs about the rules regarding the protection of Users’ data.
  2. Users’ personal data are processed in accordance with the Act of August 29, 1997. on the protection of personal data and the regulation of the Minister of the Interior and Administration of April 29, 2004 on the documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used to process personal data
  3. Users’ personal data are processed on the basis of the consent of the Users themselves and statutory authorizations allowing for the processing of data only for the purpose of implementing and settling contracts concluded by the Seller.

Providing any personal data to the Seller is voluntary, however, providing some data is a condition for concluding a contract with the Seller.

Data provided by Users during registration and when placing orders will be used for accounting purposes, for contacting in order to perform the contract and for other activities related to the performance of the contract by the Seller, as well as for other legally justified purposes within the meaning of the Act of August 29, 1997 . about personal data protection.

Users’ data may be made available to entities authorized to receive them under applicable law, including the competent judicial authorities.

The Seller does not store any sensitive personal data of Users.

Users’ data will be stored for a period not longer than it is necessary to achieve the purpose of their processing, and then they will be deleted.

Users have the right to:

For the above purposes, they can send an e-mail to studio@marblelabel.com.

  1. The administrator of personal data provided by the User when using the services of the Website is the Seller.
  2. The User’s personal data is processed on the basis of a contract and for its implementation, and on the basis of consent, on the terms set out in the General Data Protection Regulation (GDPR).

Detailed information on data processing by the Service Provider is contained in the privacy policy posted on the Website.

  1. When using the Website, please agree to the use of cookies in accordance with the Privacy Policy. If you do not agree to our use of cookies, you can change your browser settings in an appropriate way or opt out of using the Website. Information on cookies used on the website can be found in the privacy policy on the website.

 

XII. Changes in the regulations

  1. The Seller may amend these Regulations at any time in the event of at least one of the following important reasons:
  1. In the event of making changes to the Regulations, the Seller shall provide the consolidated text of the Regulations by publishing it in the Store and by means of a message sent to the e-mail address provided by the User when concluding the contract for the provision of Electronic Services, i.e. Account registration, which the parties consider as entering information about the change into the means of electronic communication in such a way that the User can read its content.
  2. The amendment to the Regulations enters into force not earlier than 30 days from the date of sending information about the change. In the case of Users who have concluded a contract for the declaration of Electronic Services, they have the right to terminate the contract for the provision of Electronic Services within 14 days from the date of notification of the change to the Regulations. The amendment to the Regulations does not affect the Sales Agreements concluded by the User and the Seller before the amendment to the Regulations.
  3. The change of the regulations remains irrelevant to the sales contracts concluded before the change of the regulations.

 

XIII. Final Provisions

  1. Copyrights to the Store, as well as the elements of the Store and the arrangement and composition of these elements, are vested in the Seller, except for the indications of the Seller’s partners. The user is entitled to use the above. content, free of charge, as well as to use the content posted in accordance with the law and already disseminated by other Users as part of the Store, but only for personal use and only for the proper use of the Store. The use of the content in a different scope is allowed only on the basis of an explicit, prior consent granted by the authorized entity, in writing, under pain of nullity.
  2. By accepting the Regulations, the User declares that he has read the Regulations and the Privacy Policy, understands the content of these documents and fully accepts them and undertakes to comply with them.
  3. The sales contract and the contract for the provision of electronic services is concluded between the User and the Seller.
  4. In matters not covered by the contract (including the Regulations), the provisions of the Act on the provision of electronic services, the Civil Code, the Act on copyright and related rights, as well as other relevant provisions of generally applicable law shall apply.
  5. Settlement of any disputes arising between the Seller and the Consumer is submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
  6. Settlement of any disputes arising between the Seller and the Entrepreneur is submitted to the court competent for the seat of the Seller.
  7. The User who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and redress:

 

XIV. Additional legal disclaimers

  1. The content and structure of the www.marblelabel.com website are protected by copyright.

Reproduction of data or information, in particular the use of texts placed on the website, as well as their fragments and photos for purposes other than non-commercial without the consent of the rightholder is prohibited.

 

  1. Descriptions and photos of products in the www.marblelabel.com store are made to best reflect the structure and color of the material. Due to the different screen resolutions, the colors may differ slightly from the real ones. If you have any questions, please contact the store by e-mail: studio@marblelabel.com

 

 

 

Date of publication of the regulations: December 31, 2022.

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