Terms and Conditions

1. GENERAL INFORMATION, DEFINITIONS

  1. These Regulations define the rules for using the plusbrand.pl website operated by Marek Melaniuk conducting business under the name of Marek Melaniuk Plus Brand with its registered office in Radzyń Podlaski, 4/18 Pocztowa St., 21-300 Radzyń Podlaski, registered in the Central Register and Information on Business Activity, NIP 5381837185, , e-mail: marek@plusbrand.pl, telephone +48 511292967. 
  2. The terms used in these regulations have the following meaning: 
    1. Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, placing an Order and purchasing Products from the Store; 
    2. Product – physical (tangible) products, electronic products (digital content) available in the Store; 
    3. Regulations – these Regulations, available at plusbrand.pl/terms-and-conditions; 
    4. Store – the Internet service available at plusbrand.pl, through which the Customer places Orders for the purchase of Products; 
    5. Sales Contract – a contract of sale of Products concluded between the Owner and the Customer using the Internet service of the Store; 
    6. Owner – Marek Melaniuk conducting business under the name of Marek Melaniuk Plus Brand with its registered office in Radzyń Podlaski at 4/18 Pocztowa Street, 21-300 Radzyń Podlaski, registered in the Central Register and Information on Business Activity, NIP 5381837185, , e-mail: marek@plusbrand.pl, conducting sales through the Store; 
    7. Order – a declaration of will of the Customer aimed at concluding a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying in particular the type and quantity of the Product. 
  3. Materials used for the presentation of products, i.e.: photos, descriptions and others are part of the Store, are the property of its Owner and are protected by copyright. It is forbidden to use them for commercial purposes or presentation in any media without the permission of the Owner. 
  4. The prices next to the Products are expressed in Polish zloty and are given in gross values including VAT. In the case of physical Products, prices do not include shipping costs. 

2. USING THE STORE

  1. In order to place an Order on the Store’s website, it is necessary to make a selection of Products, taking subsequent technical actions on the basis of messages displayed to the Customer and information contained on the Store’s website. 
  2. The Customer, in order to purchase Products, collects them into a so-called shopping cart. The shopping cart is an element of the Store where the Customer transfers the Products he intends to purchase. The Customer can at any time view the contents of the shopping cart, add or remove Products, and immediately proceed to the process of placing an Order. 
  3. During the Order process, the Customer specifies the details of the Order, such as delivery address, invoice details, delivery method, payment method and others. 
  4. The Customer in the course of the Order process may register. Registration may be necessary for later use of Electronic Products. 
  5. The Customer’s registration in the Store allows the Store to store in its database the Customer’s personal data and the history of his/her Orders, as well as allows access to Electronic Products. 
  6. During registration, the Customer is required to provide a unique password known only to himself. The registration process is encrypted with an appropriate protocol. 
  7. The Customer is responsible for not sharing his/her password with third parties and bears all possible financial and legal consequences of such sharing. 

3. PLACING AN ORDER

  1. Orders for Products are accepted only electronically by placing an Order using the Store’s website or by e-mail to marek@montowniamarki.pl. 
  2. The prerequisite for placing an Order is to correctly fill in the Order form. An Order with an incorrectly filled form may not be processed. 
  3. When filling out the form, the Customer is obliged to provide correct personal data, e-mail address, contact phone number, exact address of residence and delivery address (if required and different from the address of residence). 
  4. The provided e-mail address and contact phone number may be used only for contact in the process of order processing, unless the Customer agrees to be contacted for other purposes (e.g. newsletter). 
  5. Before accepting the Order, the Buyer will be informed about: 
    1. the main features of the Product, 
    2. the total price or remuneration for the Product including taxes, as well as charges for transportation, delivery, postal services and other costs, 
    3. the possibility to withdraw from the contract. 
  6. The Customer expresses his/her will to conclude the Sales Agreement by pressing the “order with obligation to pay” or equivalent button. 
  7. Placing an order is not equivalent to concluding a Sales Contract, but constitutes an offer to conclude such a contract. 
  8. The Contract of Sale is concluded when the Owner accepts the Order for processing, of which the Customer is informed by an e-mail confirming the purchase. 
  9. Order processing begins at the moment the transfer is credited to the Owner’s bank account or by another payment operator. 
  10. In case of unavailability of some of the Products included in the order, the Customer will be informed about the status of the order and will decide how to fulfill it (partial fulfillment or cancellation of the entire order). 
  11. A limited number of Products are intended for promotional sales and sales. Orders are fulfilled according to the order of receipt of confirmed orders for these Products, until the stocks covered by this form of sale are exhausted. 

4. PRICES, PAYMENT AND DELIVERY

  1. All prices of the Products are given in Polish zloty and include VAT. The price listed next to each Product is binding at the time the Customer places an order. The Owner reserves the right to change the prices of the Products in the Store, introduce new Products to the Store, carry out and cancel promotional actions on the pages of the Store, use unique promotional codes available outside the Store. The above entitlement does not affect the prices of Products in orders placed before the effective date of price changes or promotional actions. The price listed next to each Product is binding at the time the order is placed. 
  2. Each purchase made by the Customer is accompanied by a proof of purchase: receipt or VAT invoice sent electronically. Upon the Customer’s request, the proof of purchase will be delivered in hard copy. 
  3. The Customer may make payment for the purchased Products in the following ways: 
    1. by bank transfer through the electronic system tpay.com 
    2. bank transfer 
    3. blik 
    4. Alior Raty 
    5. Euro Payment 
    6. payment form 
  4. Payments are handled by the company Krajowy Integrator Płatności S.A with headquarters in Poznań, Św. Marcin 73/6 Street, postal code: 61-808, KRS: 0000412357 operating under the brand name Tpay.com. 
  5. Orders for electronic Products are fulfilled upon receipt of payment by shipping the Product or instructions to use the Product in an email. The Product is shipped immediately upon receipt of payment, up to 24 hours after receipt of payment. 
  6. Delivery of Physical Products is made by the method selected by the Customer in the course of placing the Order. The cost of delivery is given to the Customer after selecting the Products and after selecting the method of payment. 
  7. Delivery of Physical Products shall take place immediately upon receipt of payment, no later than within 10 working days after receipt of payment. The delivery time of the delivery service provider shall be added to the delivery time of the Physical Products. The delivery time, its cost and the delivery service provider will be specified in the course of placing the Order. 
  8. Delivery of Physical Products shall take place only on the territory of Poland. 

5. RIGHT OF WITHDRAWAL

  1. The Customer may resign by withdrawing from the Contract of Sale from a Product purchased from the Store without giving any reason within 30 days from the date of its receipt. To meet this deadline it is sufficient to send a statement of withdrawal to the address of the Store’s registered office or to the e-mail address specified in the Terms and Conditions. 
  2. In the case of withdrawal from a Distance Sales Contract, the contract is considered not concluded. 
  3. In the case of withdrawal from a Sales Contract concerning a physical Product, the Customer is obliged to return the Product no later than within 14 days from the day on which he or she withdrew from the contract. 
  4. The Owner guarantees the return of the price and costs paid by the Customer, including the cost of delivering the sold Products to the Customer. The Customer shall bear the direct costs of returning the Product. 
  5. The customer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item. 
  6. All refunds will be paid by the Owner no later than 14 days after receipt of the statement of withdrawal from the contract, using the same method of payment used by the Customer, unless the Customer has agreed to a different method of return. The refund is not associated with additional costs. The Owner may withhold the refund received by the Customer until the Product is received back or the consumer provides proof of its return, whichever comes first. 
  7. The right of withdrawal also applies to Customers purchasing an electronic Product (digital content), unless expressly stipulated otherwise in the Product description, to which the Customer has expressly agreed. 

6. LIABILITY FOR DEFECTS

  1. The Owner is obligated to deliver the Product free of defects. 
  2. If the Product received is defective, the Customer may exercise, at his/her option, warranty rights, directly with the guarantor (manufacturer or distributor), provided that the latter has provided a warranty for the Product, or his/her rights under the warranty for defects against the Owner, under the terms of the Civil Code. 
  3. If a defect in the Product becomes apparent, the Customer has the right to file a complaint. The right is granted within two years from the date of delivery of the Product. 
  4. Along with the advertised Product, a complaint must be filed specifying the nature of the defect and including a demand for removal of the defect. 
  5. The Owner will respond to the Customer’s request immediately, no later than within 14 days, counting from the date of receipt from the Customer of the advertised Product together with the letter of complaint. 
  6. The Customer will be informed of the result of the complaint in the same manner in which he sent the complaint. 
  7. If the Customer’s request is justified, the Owner shall bear all costs associated with the delivery of a repaired or new product free of defects to the Customer. 
  8. If the complaint is accepted, the defective product will be repaired or replaced with another, full-quality product. If this is not possible (for example, due to out-of-stock), the Store will refund the equivalent price of the Product or reduce the price. 

7. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND INTEROPERABILITY OF DIGITAL CONTENT, PROVISION OF SERVICES BY ELECTRONIC MEANS 

  1. The Owner provides to the Customer an electronic service consisting of enabling the conclusion of a contract for the supply of electronic and physical Products and the use of certain electronic Products. 
  2. It is not necessary to have an account in the Store to conclude a sales contract. 
  3. The service of access to the functionality of the Store is provided free of charge. Acquisition of Products available in the Store takes place for a fee. 
  4. To place an order and use the functionality of the Store, as well as to use electronic Products, it is necessary: 
    1. having an active e-mail account (for making purchases in the Store), 
    2. Internet browser taking into account current updates, with JavaScript enabled, 
    3. cookies enabled in the browser, 
    4. access to the Internet, 
    5. installation of applications that allow you to read PDF files, 
    6. ability to play video (to use some Electronic Products). 
  5. The store uses cookies to secure security and a high level of customer service. The customer can at any time independently change the settings for cookies – to determine the conditions for storing and accessing by cookies to his device through the settings of the Internet browser or through the configuration of the service. 
  6. The Customer has the right to file a complaint about the functioning of the Store by sending an e-mail to marek@montowniamarki.pl or by mail to the Owner’s address. 
  7. A response to the complaint will be sent within 14 days of its receipt to the address indicated in the complaint. 

8. PERSONAL DATA AND COOKIES 

  1. Personal data are collected and processed for the purpose of fulfilling the sales contract and providing access to Electronic Products. 
  2. The Owner of the Store issues a newsletter, which includes, among other things, information about the offer and new Products. The newsletter is sent only to Customers who have expressed a desire to receive it. The Customer may unsubscribe from the newsletter at any time. 
  3. Provision of personal data by the Customer is voluntary, however, lack of consent for their processing for the purpose referred to in paragraph 1 will prevent the execution of the Order. Personal data are protected in accordance with applicable laws. 
  4. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy. 

9. FINAL PROVISIONS

  1. For the avoidance of doubt, it is stated that none of the provisions of these Rules and Regulations does not limit the rights of the consumer under the provisions of the law in force on the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of the Republic of Poland shall apply, in particular the Civil Code and the Law on Consumer Rights. 
  2. The Owner indicates that all Products available in the Store are protected by copyright. Further distribution of the Products without the consent of their creator constitutes a violation of copyright and may result in civil and criminal liability. 
  3. Settlement of any disputes arising between the Owner and the Customer, who is a consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure, with the Owner allowing mediation proceedings. The consumer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection or to the provincial inspector of the Trade Inspection, and may obtain free assistance in resolving the dispute between the Customer who is a consumer and the Owner, using the free assistance of the district (city) consumer ombudsman. 
  4. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract. 
  5. Settlement of any disputes arising between the Owner and a Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Store. 
  6. These Regulations are effective as of March 20, 2019. 
  7. The Owner reserves the right to amend the Regulations. Any changes to the Regulations shall come into force on the date indicated by the Store. Orders placed before the effective date of amendments to these Regulations are carried out on the basis of the provisions in force on the date of the order.