statute

TERMS AND CONDITIONS OF MYLABELS ONLINE STORE

ADMISSION
1. MyLabels online store. Visbroker Limited Liability Company with its registered office in Poznań, 60-782 Poznań, ul. Grunwaldzka 11/5/1, entered in the Register of Entrepreneurs kept by the District Court for the city of Poznań, 8th Commercial Division of the National Court Register under KRS number: 0000381008, NIP: 697-229-23-29, REGON: 301681582, share capital: 183.000 PLN, 00, hereinafter referred to as the "Company", runs an online store under the name myLabels in the domain mylabels.pl and in its subdomains (hereinafter the "Store").
2. In order to use the Store, the Customer should have a telecommunications device for browsing websites and an Internet connection, as well as an e-mail account.
  The Store delivers the Goods within the European Union and to other selected countries outside the European Union.
3. The Store is entitled to the intellectual property of items related to the Store's operations. The intellectual property of the Store, in particular, includes the copyrights to: the myLabels logo, the design of the Store's website, photos of the Goods, texts on the website. Any use of the intellectual property of the Store without the express permission of the Store is prohibited.
SUBJECT OF THE REGULATIONS
1. The Regulations regulate the rights and obligations of the Parties in connection with:
  1. purchase of Goods in the Store by customers,
  2. setting up, running and closing Accounts by the Store,
  3. using the Store's account by customers,
  4. making an electronic reservation of goods available in the Store,
  5. distribution of the Newsletter by the Store,
  6. collecting and processing personal data of customers by the Store.
2. Access to the Regulations can be obtained by every user of the Store at any time by "clicking" the "Regulations" link on the store's website, as well as by saving its PDF version on a medium of their choice.
RULES FOR USING THE STORE AND CONCLUDING AGREEMENTS FOR THE SALE OF GOODS
1. Visbroker Sp. z o. o. enables the conclusion of contracts for the sale of Goods via the Internet and provides other services provided for in these Regulations.
2. The contract for the sale of goods is concluded between the user of the Store ("Customer") and Visbroker Sp. z o. o. with its seat in Poznań.
3. The condition to start using the Store is to read and accept these Regulations.
4. The information provided by the customer in the course of placing the order should be true, up-to-date and accurate. Visbroker Sp. z o. o. reserves the right to refuse to process an order if the data provided is so inaccurate that it is impossible to complete the order, in particular, it prevents the correct delivery of the parcel. Before the refusal to implement Visbroker Sp. z o. o. will attempt to contact the customer in order to determine the data in the scope enabling the execution of the order.
5. The store takes all possible technical and organizational measures required by the relevant provisions of law to protect the personal data of customers, in particular to prevent the acquisition and modification of data provided during registration by unauthorized persons.
6. Using the Internet, including the Store, requires the Customer to exercise due diligence to protect the Customer or other persons from material or non-material dangers, e.g. loss of money or goods, violation of privacy, loss of data, destruction or damage to devices used to use the Internet , such as computers, smartphones, tablets.
7. The customer is responsible for the safe use of the Internet and the Store.
8. A customer who has used the Store is obliged to:
  1. Not to provide and not to forward content prohibited by law,
  2. Use the Store in a way that does not interfere with its functioning,
  3. Failure to send or post unsolicited commercial information within the Store,
  4. Use the Store in a way that is not inconvenient for other customers and for the Store Administrator,
  5. Use of the content posted on the store's website for personal use.
9. The price has been expressed and is given in Polish zlotys (PLN).
10. The prices given in the Store are gross prices, i.e. they include the tax on goods and services (VAT) calculated in accordance with Polish law. The tax amount is specified next to the price on the fiscal receipt or on the VAT invoice.
11. Image of the Goods:
  1. Despite the diligence of the Store, there is a margin of technical inaccuracy in recording the images of the Goods, publishing them in the Store and displaying on the screen of the user's device. The image may differ in the above scope from the Goods for reasons related to photographic technology, software, properties and screen settings of the device used by the user, or for other technical reasons.
  2. The image represents only one size of the Goods and is not updated, despite other sizes being indicated in the Store, e.g. in the Basket or in the Favorites.
  3. The image of the Goods does not have to show the same copy ordered by the Customer, but a copy of the same model. Goods within the same model may differ within the standards of good craftsmanship, which may in particular apply to handmade goods.
  4. The image of the Good may be accompanied by information in the form of text or symbols, including the price, model, size, color version and other features of the Good.
  5. In the event of a difference between the image of the Goods and the above information, the content of the information in the form of text or symbols is decisive.
  6. The differences between the Goods and the image of the Goods referred to in this provision do not constitute a defect of the Goods or the Goods' non-compliance with the contract.
  7. The images of the Goods and information about the Goods presented in the Store are intended for the general public and constitute an invitation to submit offers, and do not constitute an offer for sale within the meaning of the Civil Code.
CONCLUSION OF THE SALES CONTRACT
1. The store allows you to place orders for Goods in the following way:
  1. on the Store's website (on-line), using the ordering procedure,
  2. by e-mail, by sending an order containing an indication of the selected Goods to the e-mail address: kontakt@mylabels.pl .
2. The store accepts online orders 24 hours a day, all days of the week. Orders placed by e-mail are accepted on working days from Monday to Friday from 8.00 a.m. to 8.00 p.m. Orders placed on Saturdays, non-working days and holidays will be processed on the first working day following the day on which the order was placed.
3. The conclusion of the contract for the purchase of the Goods includes the following stages:
  1. Placing an Order by the Customer - which is the Customer's submission to the Store of an offer to buy all the Goods in the Basket,
  2. Order Placement Confirmation - which confirms that the Store has received an offer from the Customer,
  3. Acceptance of the Order, which is the acceptance of the Customer's offer by the Store and with the receipt of this declaration of will to the Customer, results in the conclusion of a sales contract with the obligation to pay by the customer.
4. Submit an order:
  1. The Customer may place an Order using the Order Form or using the Account, as well as by e-mail, by sending an order containing an indication of the selected Goods to the e-mail address: kontakt@mylabels.pl .
  2. The order concerns the model, color version, size and other features of the Goods specified in the Basket.
  3. The condition for placing an order is filling in the form with all the required data necessary for the shipment or system generation of a VAT invoice or fiscal receipt.
  4. To place an order, select the Goods in the Store, in particular in terms of their quantity, color, size, and then go to the "Cart" and continue the ordering procedure by selecting the appropriate options.
  5. Until the selection of the Goods is confirmed with the button "Order with payment obligation", the Customer has the option of making changes and modifications to the Goods in the order, as well as contact details for shipment or invoice. The Customer's approval of the order by using the "Order with payment obligation" button is tantamount to accepting the obligation to pay the price of the Goods and the costs of their delivery, about which the Customer is informed immediately before the order is approved.
  6. The Customer's approval of the order in accordance with point 4.4.5 constitutes the Customer's offer submitted to Visbroker Sp. z o. o. regarding the conclusion of the sales contract, in accordance with the content of the order and these Regulations.
5. Confirmation of Placing an Order:
  1. After receiving the Order by the Store, the Customer will immediately receive an Order Confirmation to the e-mail address provided in the order, which confirms that the Order has been received. The confirmation includes:
    1. data on the model, size, number of pieces, price of the Goods and possibly other circumstances specified in the Order,
    2. Customer contact details,
    3. information about the Customer's right, in particular to withdraw from the contract by the Consumer, within 14 days.
6. Acceptance of the Order:
  1. After the Store receives the Order, the Store may send the Customer an Order Acceptance, which means acceptance of the purchase offer contained in the Order.
  2. Failure to send the Order Acceptance by the Store within 7 days from the date of the Order means that the Store has not accepted the offer.
  3. The store sends confirmation of acceptance (information on the status in progress) or refusal to accept (information on the status of the order cancellation) of the Customer's offer submitted by e-mail to the e-mail address provided by him or by phone. After receiving the above-mentioned the confirmation is concluded between the Client and Visbroker Sp. z o. o. a sales contract for the goods ordered by the customer.
7. The sales contract is concluded in Polish, in accordance with these Regulations and the order placed by the Customer.
8. Without prejudice to the Customer's right to withdraw from the contract in accordance with the relevant legal provisions, the Customer may cancel the order before receiving the confirmation of the purchase offer from the Store, i.e. before receiving an e-mail confirming the acceptance of the order for execution. In this case, the customer should immediately contact the store, including contact by phone, with e-mail confirmation.
PRICE AND PAYMENT METHOD
1. Information on the purchase price of the goods provided on the store's website is binding from the moment the Customer receives an e-mail confirming the acceptance of the order placed by the Customer for the purchase of selected Goods, the above-mentioned price will not change regardless of price changes in the Store that may appear after order confirmation.
2. The prices of products in the store are given in Polish zlotys and include all its components, including VAT.
3. Visbroker Sp. z o. o. reserves the right to change the prices of goods in the Store, introduce new goods for sale, carry out and cancel promotional campaigns on the store's website, or make changes to them in accordance with the standards of the Civil Code and other laws, and such changes do not violate the rights of persons who concluded contracts for the sale of goods offered by the Store before the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
4. The methods of payment are:
  1. Payment via PayU,
  2. Payment via PayPal,
  3. Payment by bank transfer,
  4. Cash on delivery / cash upon receipt of the goods from the selected shipping company.
5. If the Customer chooses a payment method other than "cash on delivery", the store reserves the right to refuse to process the order under the sales contract, if:
  1. the Buyer's contact details are so imprecise that they prevent the delivery of the goods,
  2. the transaction has not been authorized in the electronic payment system,
  3. payment for the order has not been made within 2 working days of placing the order.
6. Until the full payment for the Goods is made, the Goods remain the property of the Store.
SHIPMENT AND RECEIPT OF GOODS
1. The goods are delivered to the address indicated by the customer in the order.
2. The expected delivery time to the customer when choosing a courier parcel is 1 business day from the day following the shipment. The total and maximum order fulfillment period should not exceed 7 business days, and in no case exceed 14 days from the date of the sale contract. The commencement of order fulfillment may be delayed until the amount of the sale price (and possible shipping costs) is credited to the Store's bank account, if the Customer chooses the form of payment as an online prepayment (i.e. using the PayU website or an ordinary online transfer).
3. The goods are delivered to the address indicated in the territory of the Republic of Poland or outside it, depending on the customer's choice, by the shipping company:
  1. DHL Parcel (DHL Express Poland Sp. Z oo),
  2. Polish Post.
4. Fees for the delivery of products are provided in the ordering process, depending on the method of delivery and payment for the Goods selected by the Customer.
5. Orders with a value exceeding PLN 1,000.00 (say: one thousand), with delivery within the territory of the Republic of Poland, are shipped at the expense of the Store. Otherwise, the costs of shipping the purchased Goods may be borne by the Customer, about which the Customer is also informed prior to the approval of the order placed. Each shipped product is accompanied by a proof of purchase (receipt or VAT invoice), and a return / exchange form.
6. The cost of shipping, if any, is covered by the Customer. It is added to the price and separately shown in the Order, Order Receipt Confirmation and Order Acceptance.
7. Goods that have been returned to the Store by the carrier due to an incorrect Delivery Address or due to failure to take delivery on time due to circumstances on the part of the Customer, will be returned to the Store at the Customer's expense. Re-shipment requires a reimbursement of the cost of the shipment.
8. The Customer who is not a Consumer takes over the benefits and burdens for the Goods, as well as the risk of loss, damage or delay in delivery of the Goods upon delivery of the Goods by the Store to the carrier. The Store is not responsible for any loss, damage or delay that occurs after the Goods are delivered to the carrier.
9. The customer is obliged to check the goods in the presence of the courier. If the package is damaged, a damage report should be drawn up and the Store should be contacted. The customer who is not a consumer is obliged to immediately examine the shipment. In the event of damage or deficiencies in the Goods, the Customer is obliged to take all actions that are necessary to determine the liability of the carrier.
10. For the execution of the orders referred to in point 6.3 above, the rules of these Regulations shall apply, with the following modifications:
  1. The order fulfillment date depends on the place of delivery of the goods, but as a standard it does not exceed 7 business days from the date of acceptance of the order for execution,
  2. The cost of shipping the goods is listed in the "Costs and delivery methods" tab.
  3. The customer does not bear the costs of delivery of the ordered goods, regardless of what method of delivery has been chosen and what form of payment, if their total value in a given order is equal to or higher than PLN 1,000.00 (say: one thousand),
  4. The delivery of goods will be carried out only through the companies listed in point. 6.3,
  5. Payment for goods may be made only with the use of on-line payment tools, unless the payment method "cash on delivery" has been selected when collecting the goods from the selected shipping company.
  6. The costs of returning the goods after the withdrawal from the sales contract are covered by the Customer.
11. The store does not direct its activities outside the territory of the Republic of Poland, but only allows customers to indicate as the place of delivery another Member State of the European Union or another country whose choice has been enabled by the Store.
WARRANTY FOR DEFECTS OF THE GOODS AND COMPLAINTS
1. Each item purchased in the store may be advertised in compliance with the terms and conditions of the complaint set out in the relevant provisions of law, if it has defects that constitute its non-compliance with the concluded sales contract.
2. In the event that the Product has defects, the Customer has rights under the provisions of Art. 556 and art. 561 of the Civil Code, i.e .:
  1. submitting a declaration of withdrawal from the Agreement or reduction of the price of the Goods, unless the Seller immediately and without undue inconvenience to the Buyer replaces the Product with a product free from defects or removes the defect, or
  2. request to replace the Product with a Product free from defects or to remove the defect.
3. A complaint may be submitted:
  1. by mail by returning the goods together with a written description of the defect or a complaint form downloaded from the Store's website and proof of purchase in the Store, by registered mail or other form of shipment, to the address of Visbroker Sp. z o. o. ul. Grunwaldzka 11/5/1, 60-782 Poznań with the annotation: "Complaint e-shop myLabels"
  2. and also to the address reklamacje@mylabels.pl
4. The complaint will be considered no later than 14 days from the receipt of the Customer's statement by the Store.
5. The customer will be notified of the complaint by e-mail.
6. Failure to reply within 14 days shall mean that the complaint is refused.
7. If the complaint is not accepted, the goods will be sent back together with an opinion as to the unjustified nature of the complaint.
8. If the Customer finds that the goods have been damaged during transport, it is recommended that the Customer draws up a damage report in the presence of the courier.
9. Out-of-court dispute resolution:
  1. Please be advised that the Customer who is a consumer has the right to use the following out-of-court complaint and redress methods:
  2. the possibility of requesting an out-of-court resolution of consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. to the Provincial Inspector of the Trade Inspection in Poznań (e.g. http://poznan.wiih.gov.pl);
  3. applying for a case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection,
  4. asking the Municipal Ombudsman for Consumer Rights for assistance in the protection of consumer interests and rights (e.g. http://www.poznan.pl/mim/main/miejski-rzecznik-konsumentow,p.8971.html). Free assistance to consumers in the protection of their rights and interests is also provided by social organizations, such as Consumer Federation,
  5. At the same time, we would like to inform you that the above procedure is voluntary and both parties must agree to it.
  6. If the Customer purchases the Goods as a Consumer, he is also entitled to use the out-of-court method of settling disputes and pursuing claims in the form of an interactive platform ODR (Online Dispute Resolution), in accordance with the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of May 21 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009 / EC, hereinafter referred to as the "REGULATION ON ODR". The ODR platform is an interactive tool made available to consumers from the European Union that can be used to file a complaint. Below is a link to the ODR platform: (online dispute resolution http://ec.europa.eu/consumers/odr/)
CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT - RETURN OF GOODS
1. The customer has the right to withdraw from this contract within 14 days without giving any reason.
2. The deadline to withdraw from the contract expires after 14 days from the date on which the Customer or a third party indicated by the Customer came into possession of the goods.
3. By exercising the right to withdraw from the contract, the Customer is obliged to inform the Store by submitting an unequivocal statement:
  1. by post to the following address: Visbroker Sp. z o. o., ul. Grunwaldzka 11/5/1, 60-782 Poznań,
  2. by e-mail to the following address: contact @ mylabels, pl .
4. If the Customer uses this option, the Store will immediately send the Customer a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. by e-mail).
5. In order to meet the deadline to withdraw from the contract, the Customer should send information regarding the exercise of his right to withdraw from the contract before the expiry of the above-mentioned deadline.
6. In order to exercise the right of withdrawal, it is necessary that the Goods have an intact, undamaged security tag set by the Store, which is marked with the Store's logo and certifies that the Goods have been sold by the Store and that the Goods remain intact, undamaged, a security tag by the manufacturer of the Goods, marked with the logo of the manufacturer of the Goods.
7. The right to withdraw applies only to persons who are Consumers. A consumer is a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.
8. Consequences of withdrawal from the contract:
  1. The customer sends back the goods that are withdrawn from the contract to the following postal address: Visbroker Sp. z o. o., ul. Grunwaldzka 11/5/1, 60-782 Poznań, immediately, and in any case not later than 14 days from the date on which the Store informed the Store about the withdrawal from this contract. The deadline is met if the customer sends back the item before the deadline of 14 days.
  2. The customer bears the direct cost of returning the items.
  3. In the event of withdrawal from the contract, the Store returns to the Customers all payments received from the Customer, including the costs of delivering the Goods to the Customer, immediately, and in any case not later than 14 days from the date on which the Store was informed about the Customer's decision to exercise the right to withdraw from the contract and received the returned Goods.
  4. In the event that the Customer has chosen a method of delivering the Goods other than the cheapest offered by the Store, only the costs will be reimbursed up to the price of the cheapest method of delivering the Goods.
  5. The Customer's payment will be refunded in the manner indicated by the Customer in the Withdrawal Form. If the customer does not indicate how the payment is to be refunded, it will be made using the same payment methods that were used by the customer in the original transaction.
  6. The store may withhold the reimbursement until receipt of the items.
  7. The Customer is responsible for reducing the value of the returned Goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  8. The launch of the payment reimbursement depends on the Store's finding that the returned Goods meet the conditions provided for by the relevant regulations, in particular that the item is intact, unused, unrepaired, and has an intact, undamaged security tag set by the Store, marked with the Store's logo and certifies, that the Goods have been sold by the Store and that the Goods must still have an intact, undamaged security tag set by the manufacturer of the Goods, marked with the logo of the manufacturer of the Goods.
  9. The proof of purchase of the Goods in the Store is a VAT invoice or a fiscal receipt. Other proofs of purchase are admissible only if they allow for reliable verification whether the Goods were purchased in the Store, at what price and on what date.
9. The model of the withdrawal form can be found on the Store's website.
DISCLAIMER
1. To entities that are not Consumers, the Parties exclude the Store's liability for defects in the Goods on the basis of warranty and liability for damages.
2. In relation to entities that are not Consumers, the Parties exclude the Store's liability for tort, unless the damage was caused by the intentional fault of the Store or a person for whom the Store is responsible.
3. In relation to entities that are not Consumers, the Parties exclude the Store's liability for improper performance or non-performance, unless the damage was caused by the intentional fault of the Store or a person for whom the Store is responsible.
PRIVACY POLICY - PERSONAL DATA PROTECTION, COOKIES
1. The administrator of personal data of the Store's customers, within the meaning of the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter GDPR) and the repeal of Directive 95/46 / EC (General Data Protection Regulation) is Visbroker Sp. z o. o. with its seat in Poznań, 60-782 Poznań, ul. Grunwaldzka 11/5/1, hereinafter referred to as the Company.
2. Customers' personal data is processed by Visbroker Sp. z o. o. in accordance with the GDPR and the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2016, item 922, as amended) and the Electronic Services Provision Act of July 18, 2002 (Journal U. of 2017, item 1219 as amended).
3. The data provided by the customer during registration is used for the following purposes:
  1. enabling the Customer to set up, log in and manage an Account in the Store,
  2. fulfillment of the order, including to ensure contact between the Customer and the Seller,
  3. providing payment services,
  4. providing support for transport services,
  5. Store's statistical and marketing activities,
  6. performance of obligations under the law, including tax or accounting regulations.
4. The processing of Customers' personal data for the purpose of the Store's marketing activities takes place with the Customer's voluntary consent.
5. The Store also processes Customers' personal data to the extent that is permissible under the provisions on the protection of personal data, and in particular to protect the legitimate interest of the Store against the actions of Customers or other persons to the detriment of the Store.
6. The customer has the right to access their personal data and correct them if they are incorrect, as well as to complete incomplete data via the Store or by telephone.
7. In the case of an Order of Goods with shipment to the Delivery Address, the Store may transfer the relevant personal data of the Customer to the carrier.
8. The store takes technical and organizational measures to protect the personal data of customers. protects the personal data provided to him, exercising due diligence to protect them against unauthorized access or use.
9. The store uses cookies. Cookies used by the Store are used to use certain functions of the Store's website, such as logging in or collecting statistics on user behavior. The customer may limit or block the use of cookies in the web browser settings.
10. Detailed information on the processing and protection of personal data has been included in the Privacy Policy available on the website of the store.
CHANGE OF THE REGULATIONS
1. Visbroker Sp. z o. o. reserves the right to amend the Regulations at any time. Amendments to the Regulations apply to orders placed after a given amendment to these Regulations.
2. Each time the Store changes the Regulations:
  1. provide Registered Customers to the E-mail Address with the amended Regulations no later than 14 days before the amendments come into force,
  2. will place the amended Regulations on the Store's website.
3. The amendment to the Regulations binds the Customer if he did not object to the change at the end of the business day preceding the entry into force of the amendment. The objection must be sent to the e-mail address: kontakt@mylabels.pl. The submission of an objection is tantamount to the immediate termination of the Agreement by the Client.
4. The termination does not violate the obligations that arose in connection with the Orders accepted for execution before the amendments to the Regulations came into force, and concern, for example, the delivery of the Goods, payment of the price, return of the goods, refund of the price.
5. The termination does not affect the Store's right to process personal data to the extent permitted by the relevant provisions on personal data, in particular to protect the legitimate interests of the Store.
FINAL RECORDS
1. The applicable law is Polish law.
2. The only competent court is the Polish court having jurisdiction over the registered office of the Company.
3. Exclusion of the Vienna Convention. The United Nations Convention on Contracts for the International Sale of Goods (the so-called Vienna Convention or CISG) does not apply.
4. The regulations apply from June 24, 2018.

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