Terms of Use of MOSTRAMI.PL

  1. Definitions
    • The following definitions have been applied in the herein Terms and Conditions:
      1. C. C. – Act of 23 April 1964 – Polish Civil Code;
      2. Customer – a consumer purchasing MOSTRAMI commodities from MOSTRAMI.PL;
      3. MOSTRAMI – MOSTRAMI limited liability company with headquarters in Warsaw, address: 01-796 Warszawa, ul. Duchnicka 3, entered into the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) maintained by the District Court of the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register, under KRS 0000308427, REGON 141749964, NIP 525-252-42-25; with stock capital amounting to 50,000 PLN;
      4. Terms and Conditions – present regulations;
      5. MOSTRAMI.PL Store – an online store managed by MOSTRAMI;
      6. Commodities – all the products offered by MOSTRAMI at MOSTRAMI.PL online store;
      7. Sales Contract - an agreement concluded by a MOSTRAMI Customer, to which the Consumer Rights Act of 30 May 2014 is applied.
  2. General provisions
    1. The herein Terms and Conditions apply to all Customers of the MOSTRAMI.PL Store - they define regulations of registration and use of the MOSTRAMI.PL user's account, the principles of making an electronic reservation of Commodities offered by MOSTRAMI.PL, placing orders, and the rules of concluding a Sales Contract. Every Customer is able to gain access to the Terms and Conditions at any moment.
    2. MOSTRAMI.PL store is managed by MOSTRAMI and enables users to purchase Commodities online at www.MOSTRAMI.pl
    3. The information about the products available for purchase from MOSTRAMI.PL, including for example the descriptions and prices of Commodities, constitutes an invitation to enter into a Sales Contract within the meaning of Article 71 of the C. C., according to the regulations presented in Terms and Conditions.
    4. The Commodities available at MOSTRAMI.PL Store are described in detail. Every Customer has access to the information concerning the Commodities' features, prices, textile compositions, etc.
    5. The pictures and presentations of the offered Commodities are exemplary and they serve to demonstrate particular models of goods. The descriptions of textile compositions are provided by the manufacturers who cooperate with MOSTRAMI.
  3. Terms of use
    1. MOSTRAMI.PL Store enables its users to purchase Commodities online (via Internet).
    2. The Sales Contract is concluded between the Customer and MOSTRAMI.
    3. The crucial matters of the Sales Contract are being recorded, secured, and shared via means of long-distance communication by sending an auto-generated invoice or the specification of purchased Commodities to the Customer's e-mail address.
    4. It is required for all users to read and accept the herein Terms and Conditions before using MOSTRAMI.PL Store.
    5. A Customer of MOSTRAMI.PL Store shall:
      1. Not provide nor share content forbidden by law;
      2. Use MOSTRAMI.PL Store in a way that does not disrupt its functioning;
      3. Not share nor place unwanted commercial information within MOSTRAMI.PL Store;
      4. Use MOSTRAMI.PL Store in a way that is non-disruptive for the other Customers and the administration of MOSTRAMI.PL Store;
      5. Use the content provided by MOSTRAMI.PL Store only for one's private use;
      6. Use MOSTRAMI.PL Store in accordance with the Polish law, Terms of Service, and the general principles of Internet etiquette.
  4. Conclusion of Sales Contract
    1. In order to conclude the Sales Contract, the Customer is required to place an order on the MOSTRAMI.PL website.
    2. Customers are able to place orders twenty four hours a day, seven days a week. Orders that are placed on non-working days will be executed on the next business day.
    3. Customers can place orders without the need of permanent registry of their personal data in the MOSTRAMI.PL database.
    4. Filling a form available on the MOSTRAMI.PL website with the information necessary to generate an invoice and deliver Commodities to the Customer is a condition of placing an order.
    5. To place an order, one should choose Commodities from the MOSTRAMI.PL offer, followed by their colour, sizes and amounts, by adding them to the ''Bag".
    6. Any changes concerning the Commodities or personal data of the order can be made before confirmation by clicking "Confirm - Place Order" (or "Continue" after having chosen the payment method).
    7. Placement of an order by the Customer (confirmation with ''Confirm - Place Order" or ''Continue" button after having chosen payment method) submits the Customer's offer to MOSTRAMI to conclude a Sales Contract, accordingly to the Terms and Conditions.
    8. After placing a purchase order, the Customer will receive an announcement (both on the website of the MOSTRAMI.PL Store and via e-mail) containing information about the amounts, value, chosen payment, shipping methods, delivery times, and Customer's personal data. The announcement is a confirmation from the MOSTRAMI.PL Store of receiving a Commodity purchase offer from the Customer.
    9. The Customer receives a confirmation of the order being accepted via e-mail, to the provided e-mail address. After receiving the above-mentioned confirmation, the Sales Contract on the Commodities ordered by the Customer is automatically concluded.
    10. The Sales Contract is concluded in accordance with the herein Terms and Conditions.
    11. The Customer has a right to resign from placing an order before receiving the confirmation of accepting the order from MOSTRAMI. To resign, the Customer should immediately inform MOSTRAMI of the resignation via e-mail or phone.
    12. The MOSTRAMI.PL Store stipulates the right to refuse to fulfill an order within a Sales Contract if the Customer's personal data are not valid, the transaction has been rejected by electronic payment system Przelewy24.pl or eCard, or if the payment was not made on time.
  5. Shipping and delivery
    1. Subject to the hereinafter provisions of Act no. 2, the order delivery date at MOSTRAMI.PL Store indicated in the order confirmation is the most probable time of delivery. In some cases the order delivery date is confirmed by a MOSTRAMI employee via e-mail or phone. Commodities are shipped to a given address by DHL for domestic orders and by UPS in case of international orders. Shipping charges are provided during the process of placing an order. Estimated delivery time is 1 business day, counting from the day after mailing the parcel. The overall and maximum time of order delivery should not exceed 14 business days, and cannot, under any circumstances, exceed 30 days, counting from the date of Sales Contract conclusion. Mostrami will provide the maximum period of realizing the order on the page of the particular product. If the Customer chooses online payment (via Przelewy24, eCard, or a regular bank transfer), then the process of order delivery can be withheld until the payment is credited to MOSTRAMI's account. In the case of a credit card payment, the order is executed after its authorization.
  6. Sales, prices and payment methods
    1. The price of a given Commodity is provided on the MOSTRAMI.PL website. The price is binding from the moment the Customer receives the confirmation of the order being accepted. The above-mentioned price is not subject to change, regardless of its alterations, after confirmation of the order being accepted has been sent to the Customer.
    2. The prices of Commodities at the MOSTRAMI.PL Store are listed as gross (brutto). The default currency is PLN, but Customers are able to change it to USD or EUR by adjusting the settings on the MOSTRAMI.PL website. The prices may differ in accordance with the country where the Commodity is purchased.
    3. The method of payment is chosen by the Customer. In the prepayment option, MOSTRAMI offers the possibility to pay by bank transfer, electronic payment via Przelewy24.pl or eCard. If the Customer chooses a prepayment option and the payment is not received by MOSTRAMI limited liability company with headquarters in Warsaw or any of the intermediary entities within 2 days' time after having placed the order, it will be cancelled. In that case, the Customer can place the order once again and choose a different payment method. The delivery of an order paid for by a credit card or bank transfer is processed after MOSTRAMI receives the payment.
    4. MOSTRAMI stipulates the right to change prices at MOSTRAMI.PL Store, introduce new Commodities for sale, perform and call off promotions on MOSTRAMI.PL website, or modify them in accordance with the standards of the Civil Code and other acts. All the aforementioned changes do not violate rights of the Customers who had concluded a Sales Contract with MOSTRAMI.PL before the abovementioned changes were introduced.
    5. If the Commodities purchased by a Customer at MOSTRAMI.PL Store become subject of a price reduction within 14 days from the day of Sales Contract conclusion, the Customer has a right to regain the difference between the amount of payment made and the reduced price. The refund will be proceeded to the same bank account that was used while making the initial payment. In order to obtain the above-mentioned refund, the Customer has to send an email containing information about the transaction (name and surname of the Customer, name and price of the ordered Commodity, date of receiving an order and a request for a refund) to klient@mostrami.pl, within 3 days' time.
  7. Gift cards
    1. MOSTRAMI offers the opportunity to purchase Commodities with special gift cards bought at MOSTRAMI.PL Store or received from MOSTRAMI as a gift.
    2. Upon request, gift cards are packed into decorative gift boxes and can be sent to a desired address with an inscription.
    3. A gift card can be used personally by the Customer or handed over to another person. MOSTRAMI does not verify the identity of a gift card user. The only condition for using a gift card is to give the information it consists of while placing the order.
    4. Gift cards can be used within one year from the date of purchase. A return of a gift card's value can be executed only on behalf of the person who has purchased it, within 14 days.
    5. Unused capital from the gift card will be transferred to a virtual Customer's account at MOSTRAMI.PL Store and redeemed during the next transaction. Customer is entitled to redeem capital from the virtual account within one year from the date of the card's purchase.
    6. Shall a Customer withdraw from a Sales Contract, in accordance with point VIII of the after-mentioned Act no. 6, a refund of the purchased Commodity value is transferred to a virtual Customer's account at MOSTRAMI.PL Store.
  8. Warranty, returns and exchanges
    1. All Products offered by the MOSTRAMI.PL online store are new and original, while some of them are unique and one of a kind, often handmade. The photographs of the Products are of a demonstrative nature. Custom made Products; made according to particular requirements of the client or adjusted to meet his or her individual needs, cannot be exchanged or returned.
    2. MOSTRAMI, as a seller, is obliged to provide the Customer with Commodities free of any flaws and answers before the Customer being a consumer in accordance with Article 221 of the Civil Code, for inconsistency of a purchased Commodity as determined in by the Civil Code including the changes introduced to the Consumer Rights Act on May 30 2014.
    3. A Customer can file a complaint for every article purchased at MOSTRAMI.PL Store, providing that the proper deadlines and conditions of filing a claim were met, if the Commodity is faulty. A complaint can be filed via traditional post, by filling in a ''Complaint" form (attached to the purchased Commodity) and sending it back, together with the Commodity, via DHL, to the following address: "MOSTRAMI spółka z ograniczoną odpowiedzialnością" z siedzibą w Warszawie, ul. Duchnicka 3, 01-796 Warszawa, with the annotation "Complaint MOSTRAMI.PL". When issuing a complaint, the Customer may, according to his or her choice, demand that the price is reduced or withdraw from the agreement altogether, unless MOSTRAMI offers to fix the item or exchange it for one that is new and free from defects. Furthermore, the Customer may decide against MOSTRAMI fixing the defect and demand that the Commodity is exchanged for one that is free from defects or the Customer may decide against exchanging the item and demand that it is fixed, unless the choice made by the Customer is impossible or requires MOSTRAMI.PL to utilize excessive financial means. The Customer may not withdraw from the Sales Agreement if the flaw is insignificant. The Customer will receive a decision on whether or not the claim has been accepted within 14 days from the date of MOSTRAMI.PL Store receiving the parcel. Should the claim be accepted, but carrying it out in the way proposed by the Customer proves to be impossible or requires MOSTRAMI.PL to utilize excessive financial means, MOSTRAMI.PL will propose a new method of addressing the issue. Depending on the method of resolving the complaint, MOSTRAMI will send the Customer a replacement full value product (repaired or new) within 14 days' time. If that solution turns out impossible (e.g. the product is out of stock), then MOSTRAMI will provide a full refund for the purchased Commodity to the Customer or implement a price reduction.
    4. Shall the complaint be denied, the Commodity together with an opinion about groundlessness of the complaint will be sent back to the Customer. After the Customer receives the opinion concerning the groundlessness of the complaint, he or she has the right to issue a request for mediation proceedings, as referred to in Art 36, section 1 of the act on Commercial Inspection from December 15, 2000 (Journal of Laws from 2001, No 4, item 25), consolidated text from August 25, 2009 (Journal of Laws, No 151, item 1219).
    5. The Customer has the right to withdraw from the Sales Contract within 14 days' time, counting from the date of receiving the Commodity, without giving any reason. The Customer must file a written statement of withdrawal from the concluded Sales Contract (using the provided form), the receiving of which will be confirmed by MOSTRAMI.PL through a written confirmation of receiving the statement sent to the Client, and send the Commodity back to the address of MOSTRAMI.PL within 14 days of issuing the statement (the Commodity should not show any signs of wear, it should be clean, with original labels, free of fragrances of perfume, creams, etc.). Money will be sent back to the provided account number within 14 days from the date of MOSTRAMI receiving the Commodity or the Customer providing proof of sending it back. In order to meet that deadline, one must send the items back before the stated period. If the payment was made by a credit card, the refund will be transferred back to the interrelated account.
    6. MOSTRAMI.PL Store has the right to refuse to accept the Commodity if it is not returned on time.
    7. The MOSTRAMI.PL store will cover the cost of returning the Commodity sent via the services of DHL (in order to find out more about the return procedure, please refer to the “Returns and exchanges” tab). The MOSTRAMI.PL Store does not accept returns by Cash on Delivery (COD).
  9. Newsletter
    1. The Newsletter is a free service, rendered to inform Customers about special offers, competitions, events, new arrivals and collections of Polish designers, by sending content chosen by MOSTRAMI via e-mail.
    2. By entering one's e-mail address and ticking the checkbox in the registration form, the Customer consents to receive the free newsletter and thereby agrees to:
      1. gathering and processing of one's personal data by MOSTRAMI for commercial purposes, in accordance with the Act of 29 August 1997 on the Protection of Personal Data,
      2. receiving commercial information from MOSTRAMI to one's email address entered during the registration process, in accordance with art. 10 of the 2nd Act of 18 July 2002 on Providing Services by Electronic Means.
    3. MOSTRAMI, as an administrator of all the entered by the Customer personal data, provides its protection in accordance with the Act of 29 August 1997 on the Protection of Personal Data.
    4. The Customer can unsubscribe to the newsletter at any time, by clicking on the link provided at the bottom of every received e-mail. Thereby, deleting the Customer's e-mail address from MOSTRAMI database.
  10. Other regulations
    1. An administrator and the only proprietor of MOSTRAMI.PL Store is "MOSTRAMI limited liability company" with headquarters in Warsaw, address: 01-796 Warszawa, ul. Duchnicka 3, entered into the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) maintained by the District Court of the Capital City of Warsaw in Warsaw, 12th Commercial Department of the National Court Register, under no. KRS 0000308427, REGON 141749964, NIP 525-252-42-25; with stock capital amounting 50,000 PLN.
    2. Personal data entered by Customers during the registration process at MOSTRAMI.PL Store is processed by MOSTRAMI strictly for the purpose of order execution and, depending on a Customer's decision made during the order placement or in the settings of one's personal account at MOSTRAMI.PL Store on "My Mostrami" subpage, it may also be processed for commercial purposes. The Customer has a right to complete, update, and correct one's personal data, as well as to temporarily or permanently stop its processing or delete it if the personal data is incomplete, invalid, false or was collected illegally, or if it's no longer needed for the achievement of a target it was initially collected for. The Customer has a right to decline processing of one's personal data for commercial purposes.
    3. By placing an order, the Customer agrees to use the features of MOSTRAMI.PL Store in accordance with the herein Terms and Conditions in their validity from the day of order placement. Not agreeing to the statements of the herein Terms and Conditions disables the possibility to purchase Commodities offered by MOSTRAMI.PL Store.
    4. Polish law applies to all the Sales Contracts at MOSTRAMI.PL Store.
    5. To all matters unsettled by the herein Terms and Conditions, the rules and regulations of the Polish Civil Code or other related to the services and functioning of MOSTRAMI.PL Store acts apply.
    6. For any disputes, in accordance with provisions in force, the sole and exclusive jurisdiction shall reside with the appropriate common court with territorial jurisdiction.
    7. MOSTRAMI stipulates the right to change the Terms and Conditions at any time. The provisions come into force at the precise moment of their publication on MOSTRAMI.PL website. Any changes in the Terms and Conditions cannot violate vested interest of MOSTRAMI.PL Customers.
    8. MOSTRAMI stipulates a right to change prices and amounts of Commodities offered by MOSTRAMI.PL Store during the day, as well as to withdraw or introduce given products to the MOSTRAMI.PL Store offer, and to convey, retract, or modify promotions on MOSTRAMI.PL website.
    9. MOSTRAMI takes all the necessary action to provide fully proper functioning of MOSTRAMI.PL Store in accordance with the current technical knowledge and commits to remove all the irregularities reported by Customers immediately. MOSTRAMI does not take responsibility for disturbance in functioning of MOSTRAMI.PL Store caused by Internet network malfunctions.
    10. All the inconveniences and interruptions in functioning of MOSTRAMI.PL Store should be reported via e-mail, phone, or a contact form located on MOSTRAMI.PL website.
    11. MOSTRAMI informs that all the photos, publications, and texts available at MOSTRAMI.PL Store are protected by the Act of 4 February 1994 on Copyright and Related Rights (published in: Journal of Laws of 1994, No. 24, Item 83). The same regulations apply to all the graphics, logotypes, buttons, pictures and their compilations, which belong to the Administrator or his contractors. It is forbidden to illegally copy, multiply, or disseminate any of the content found on MOSTRAMI.PL Store website
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