Terms & Conditions

Regulations of TheMakatka online store

The only official version of regulations is in Polish, please visit:
https://themakatka.com/pl/regulamin/

In the regulations, we defined the rules on which we sell through the online store at themakatka.com

I. Parambul

  1. We sell products from TheMakatka online store on the Internet.
  2. We don’t sell wholesale in TheMakatka online store.
  3. To buy a product in an online store, you do not need to register in it.
  4. The Customer has the right before placing an order to negotiate all the provisions of the contract with the Seller, including those changing the provisions of the following regulations. If the Customer resigns from the possibility of concluding a contract through individual negotiations, the following terms and applicable law shall apply.
  5. Using the TheMakatka.com online store requires a current version of the web browser, SSL security support, JavaScript, HTML5, CSS3, Ajax and other necessary because of the way the website is programmed.

II. Definitions

Regulations – these regulations in digital form, represented in the form of a subpage of TheMakatka.com website with attachments in digital form and links to other portals containing detailed information, which sets out the rules for concluding distance sales contracts via TheMakatka.com online store along with the rules for performing these contracts, returns, rights and obligations of parties to a distance sales contract, and rules of complaint procedure.
In the scope of services provided electronically, the Regulations and its annexes are the regulations referred to in art. 8 of the Act on the provision of electronic services. All attachments constitute an integral part of the Regulations, unless explicitly indicated otherwise.
TheMakatka, Sklep, We, Seller – RapidDev Leszek Pomianowski, based in 13-200 Działdowo, ul. Władysława Jagiełły 26c, NIP (Tax Identification Number): 5711716511, REGON: 367899795 entered in the register of Central Business Register and Information kept by the minister competent for matters economy based on the provisions of the Act on freedom of economic activity.
Customer, Buyer, You – Any natural, legal person or organizational unit without legal personality who places an order in the online store themakatka.com. She can buy in the online store themakatka.com after registering in it or without registering.

III. Tax Documentation

  1. Receipts or VAT invoices are issued for all ordered goods in the Online Store. According to the content of applicable law.
  2. The customer’s signature – as the purchaser of the goods – is not a mandatory element of the content of the VAT invoice. In this situation, the buyer receives only the original invoice. It should be borne in mind that in the event that the buyer who is a natural person places an order or makes a purchase using data (e.g. with the name / company name) regarding the business activity of that buyer, it will be presumed that the purchase is made by him made in connection with such activities and an invoice will be issued to this buyer as an entrepreneur.
    Pursuant to legal regulations, the buyer may agree to receive invoices electronically. Consent to receive invoices in electronic form is tantamount to resignation from receiving invoices in paper form.
  3. The customer may withdraw consent to receive invoices by electronic means by deselecting consent when placing the order.

IV. Personal data

  1. TheMakatka.com processes personal data provided by the customer in places designated for this purpose in accordance with applicable law and in accordance with the privacy policy contained on the website:
    https://themakatka.com/pl/polityka-prywatnosci/
  2. The administrator of the Buyer’s personal data is the Seller.
    The Seller processes the Buyer’s personal data only for the purpose of completing the order.
    Providing personal data by the Buyer is voluntary, but necessary to complete the order.
    The Seller may process the Buyer’s personal data also for purposes other than processing the order after obtaining the consent of the Buyer.
    The seller guarantees the confidentiality of all personal data provided to him.
    Personal data is collected with due diligence and properly protected against access by unauthorized persons, and their processing is carried out in accordance with and on the conditions set out in detail in:
    the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2013, item 1422),
    • the Act of August 29, 1997 on the protection of personal data (i.e. Journal of Laws of 2014, item 1182),
    • Regulation of the Minister of the Interior and Administration of 29 April 2004 regarding the documentation of personal data processing as well as technical and organizational conditions to be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024) .
    The buyer has the rights specified in the legal acts referred to in paragraph 6. above, in particular to:
    • inspect your personal data,
    • requests to supplement, update, rectify personal data, temporarily or permanently suspend their processing or delete them, if they are incomplete, out of date, incorrect or have been collected in violation of the Act or are no longer needed to achieve the purpose for which they were collected.
  3. The Seller uses cookies, i.e. small text information stored on the Buyer’s end device (e.g. computer, tablet, smartphone). Cookies can be read by the Seller’s IT system.
  4. The Seller stores cookies on the Buyer’s terminal device, and then gains access to the information contained therein for statistical purposes and to ensure the proper functioning of the Store.
  5. The Seller informs the Buyer that there is a possibility of configuring the web browser that prevents the storage of cookies on the Buyer’s end device. In such a situation, the use of the Store by the Buyer may be difficult.
  6. The Seller indicates that cookies may be deleted by the Buyer after they have been saved by the Seller, through the appropriate functions of the web browser, programs used for this purpose or using the appropriate tools available under the operating system used by the Buyer.

V. Placing an order and payment

  1. The buyer may place an order as a registered customer or as a guest.
  2. The registered customer is the Buyer who has an account in the Store. The buyer may set up an account when placing the order.
    The seller, at the latest immediately before placing the order, informs the customer about the total price of the goods and any additional fees, including transport, additional services, payment costs, etc.
    When placing the order, the Seller informs the Customer about the available payment methods.
  3. To place an order, the Buyer is obliged to take the following steps:
    • select the product or products being the subject of the order by clicking the “Add to Cart” button,
    • choose the method of delivery and payment for the order,
    • from the basket view, click the “Go to payment” button,
    • log in to your account in the Store, create an account or select the option “Buy without registration” – does not apply to the Buyer who logged in to his account before starting the order,
    • provide the order shipping address and invoice data – if the Buyer has previously added specific data to the account, he can choose this data without having to complete it again or provide other data,
    • read and accept the Regulations – the Buyer accepts the Regulations only if he has read the content and actually accepts its provisions; accepting the Regulations is voluntary, but necessary to place an order,
    • click on the “Place order” button.
  4. The moment the user clicks the “Place order” button (or similar on the order page), the Buyer submits to the Seller an offer to buy the selected product. The conclusion of the sales contract between the Buyer and the Seller takes place when the Seller sends an electronic confirmation of acceptance of the Buyer’s offer to the Buyer’s e-mail address. Failure to send this confirmation by the Seller is tantamount to the failure to accept the Buyer’s offer.
    If the Buyer has chosen the payment method for the order in the form of payment via the iMoje website, after clicking the “Buy and pay” button, the buyer will be transferred to the transaction page of the iMoje website to make the payment for the order. After making the payment, the Buyer will be redirected back to the Store page with the order confirmation.
    If the Buyer has chosen the method of payment for the order in the form of payment via PayPal, after clicking the “Continue to PayPal” button, the buyer will be transferred to the PayPal transaction page to make the payment for the order. After making the payment, the Buyer will be redirected back to the Store page with the order confirmation.
    If the Buyer has chosen a payment method for orders other than the payment via PayPal or iMoje, for example the traditional bank transfer option, after clicking the “Buy and Pay” button, he will be immediately taken to the order confirmation page.
  5. The content of the order button may change depending on the language or version of the page used.
  6. The buyer undertakes to make the payment immediately. In the event that the delay exceeds 14 days, the Seller terminates the Agreement with the Buyer, of which he informs the Buyer by phone or e-mail.
    If the funds for the order after this time affect the Seller’s account, they will be returned to the Buyer’s account.
  7. When placing an order, the Buyer has the option of subscribing to the Newsletter, through which the Buyer agrees to:
    • receiving commercial information from the Store within the meaning of art. 10 paragraph 2 of the Act of July 18, 2002 on the provision of electronic services to the e-mail address provided during registration.
    • collection and processing of personal data by the Store for marketing purposes in accordance with the Act of August 29, 1997 on the protection of personal data.
  8. The Store, as the administrator of all personal data provided by the Buyer, ensures their protection in accordance with the Act of August 29, 1997 on the protection of personal data.
  9. The buyer may unsubscribe from the Newsletter service at any time by clicking on the link at the bottom of each email sent.

VI. Supply

  1. The customer will be informed of the possible ways and available delivery dates via the order form or by e-mail.
    In the same way, the Seller informs the Customer about the cost of delivery, if applicable.
    At the beginning of the order, the Customer is informed about restrictions on the delivery of Goods.
    Delivery costs may vary depending on the shipping method and country of destination.
  2. We execute the sales contract from 1 to 10 business days from the date of payment. When we sell products as part of the pre-sale, we specify the approximate delivery time in the product offer.
  3. When we are unable to process your order due to even a temporary inability to fulfill the performance with the properties you have ordered, we may release you from the obligation by providing a replacement service corresponding to the same quality and purpose of the product and for the same price or remuneration. At the same time, we inform you in writing about your right not to accept this benefit and to withdraw from the contract, with the return of the item at our expense. In this case, you can withdraw from the contract and we bear the cost of returning the item. [Legal basis: art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).]
  4. When you receive a package delivered by a carrier, you sign an acknowledgment of receipt. When the product is released to you as a consumer, the product ownership, rights and all risks associated with owning and using it, including the risk of loss or damage, are transferred.
  5. One order can be split into smaller packages – if it consists of many products that differ in packaging method due to large dimensions or delivery time. In this situation, the delivery cost that we gave you in the order summary does not change. We split it into individual shipments. If a part of the order is canceled, we correct and refund only the delivery costs that have been assigned to the part of the order canceled, regardless of the reasons.

VII. Lead time

  1. In the case of a large number of orders, the delivery time may be extended to 14 business days, counted from the date of payment.

VIII. Complaints and returns

  1. The Seller is obliged to provide the Buyer with a product free from defects.
  2. If the offered product is used and has visible damage or signs of use, the Buyer is informed about this on the product page in writing and in the form of photos.
  3. The Seller is liable to the Buyer if the product sold has a physical or legal defect (warranty for defects).
    If the product sold has a defect, the Buyer may:
    request replacement of the product for one free of defects,
    • demand that the defect be removed,
    • submit a price reduction statement,
    • submit a statement of withdrawal from the contract.
  4. If the Buyer finds a defect in a product, he should inform the Seller about it, at the same time specifying his claim related to the defect or making a statement of relevant content.
    The Buyer who exercises the rights under the warranty may at the expense of the Seller deliver the defective product to the address of the Seller.
    The Seller shall respond to the complaint submitted by the Buyer within 14 days from the date of delivery of the complaint to him.
  5. The right to withdraw from a contract concluded outside the business premises or at a distance is not entitled to the Consumer in relation to a contract in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs. [E. for individual embroidery, color, size, etc.]
    Details of the Seller’s warranty for defects are governed by the provisions of the Civil Code (Articles 556 – 576).

Final Provisions

The Regulations are an integral part of the concluded sales contract between the Buyer and the Seller.
The Regulations enter into force on the day of publication on the Store’s website.

The Seller reserves the right to change the Regulations. For contracts concluded before the amendment to the Regulations, the version of the Regulations in force on the date of conclusion of the contract shall apply.

Polish law applies to the Contract for the Sale of Products in the Store.
In matters not covered by the regulations, the provisions of the Civil Code and relevant acts of Polish law, as well as European Union law, in particular the GDPR (Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to with the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC).
The competent court for resolving disputes is the common court of local jurisdiction over the property in accordance with applicable regulations.

All photos, graphics, logos, publications and texts available in the Store are protected by the Act of February 4, 1994. on copyright and related rights (Journal of Laws of 1994 No. 24 item 83). It is prohibited to unlawfully copy, multiply or distribute any content posted on the Store’s website.

The last update of the Regulations: 22.11.2019.