Terms and conditions
Terms and conditions
Seller – Carolina Martin Limited Private Company Aleja Pokoju 1, 31-548 Kraków, entered into the National Court Register under the KRS number: 0000829938, NIP: 6751724523, REGON: 385590718.
Online Store (hereinafter also referred to as the “Store”) – a website belonging to the Seller, available at www.carolinamartin.com, through which the Customer can purchase Goods from the Seller.
The Customer – a natural person, including the Consumer, who is at least 13 years old (in the event that this person is younger than 18, the consent of their legal representative or guardian is required), as well as a legal person or an organisational unit without legal personality, which has legal capacity based on a separate act, and which has placed or intends to place an Order, or uses other services provided by the Online Store.
The Consumer – a natural person conducting a legal transaction not directly related to their business or professional activity.
Terms and conditions – the rules for the provision of Goods and services by electronic means by the Seller.
Goods – movable items presented in the Store, which are the subject of the Sales Agreement;
Order Form – aservice available on the Online Store’s website, by means of which a Customer may purchase Goods without creating a user account
II General terms
These Terms and Conditions set out the rules for the conclusion of the Sales Agreement between the Seller and the Customer, by means of distant communication and the use of the Online Store by the Customer, available at www.carolinamartin.com.
Within the scope of services provided electronically, this document constitutes the terms and conditions referred to in Article 9 of the Act of July 18 2002 on Providing Services by Electronic Means (Journal of Laws of 2002 No. 144, item 1204 as amended). Terms and conditions are addressed to all Store Customers who are obliged to comply with all their provisions. The sale is based on the version of these Terms and Conditions in force at the time of placing the order.
The information contained on the Store’s website and related to Goods (including prices), does not constitute an offer within the meaning of art. 66 of the Civil Code, but is an invitation to conclude a Sales Agreement as specified in art. 71 of the Civil Code.
III. Placing orders
In order to place an effective Order and conclude the Sales Agreement, the Customer must read and accept the Terms and Conditions; by placing an order, the Customer acknowledges the content of the Terms and Conditions. Orders from customers are accepted by www.carolinamartin.com, 7 days a week, 24 hours a day. After placing the order, the Customer receives an order confirmation via email.
Once the Customer receives this confirmation, the process of order fulfilment by the Seller begins, whereby:
- for orders order payable on delivery – it begins on the next business day after the order is confirmed by the Seller
- for orders payable by bank transfer – begins within 24h after the payment is credited to the Store’s bank account
Orders placed in the Store are processed during the Store’s working hours – on working days, from Monday to Friday, from 8:00-15:00.
An invoice is issued for each order. By ordering in the Store, the Customer agrees to issuing and receiving invoices by electronic means.
The available means of communication between the Customer and the Store are:
E-mail – firstname.lastname@example.org
Traditional post – correspondence address: Carolina Martin PLC, Aleja Pokoju 1, 31-548 Kraków.
The price stated in the order is the total price that the Customer will be obliged to pay together with the due tax and the cost of delivery.
If the Customer is obliged to pay in excess of the agreed price, which will include the elements specified in paragraph 7 above, the Store would inform the Customer about this fact. The consumer will be charged with additional costs only after obtaining the express consent of the customer.
IV Shipping costs and order delivery
The delivery of orders placed in the Store is carried out by external shipping companies. The delivery cost is each time specified in the order form.
Orders placed in the Store are processed on working days. Orders placed on Saturdays, Sundays and public holidays are processed on the first following business day.
The waiting time for the shipment is up to 3 working days if products are available. The waiting time consists of = the time of order fulfilment (completing the Goods for the order) + the expected delivery time (from 24 hours in the case of Poland).
If the Customer chooses payment by bank transfer or payment card, the duration of the order is counted from the date on which the Seller’s bank account is credited
V Payment methods
The following payment methods are available:
- Ordinary bank transfer
- Cash on delivery
- Instant transfer
- Payment cards (Stripe):
In case of a refund of a card transaction, the Seller makes a refund to the bank account assigned to the Customer’s payment card.
The entity providing online payment services is Przelewy24.
The Seller is liable under warranty for physical and legal defects of Goods as specified in art. 556 and the act of April 23 1964 – Civil Code (Journal Of Laws from 2014, item 121).
Physical defect is an incompatibility of the sold Goods with the agreement, and in particular if the item: does not have features that this kind of item should possess to fulfil the purpose of the agreement marked or resulting from circumstances or destination; does not have features, about the existence of which the Seller has assured a consumer, it is not suitable for the purpose for which the Consumer has informed the Seller at the conclusion of the Sale Agreement, and the Seller did not raise objections to such destination of the item; the item was delivered to the Customer in an incomplete state.
A legal defect of Goods occurs when a Good is owned by a third party or is encumbered with the right of a third party, and if a restriction on the exercise or disposal of thing stems from a decision or judgment of the competent authority.
In the case of the Consumer, the public assurances of the manufacturer or the entity that places the Goods on the market as part of its business activity, or that presents itself as the manufacturer, are treated equally with the Seller’s assurances. However, the Seller shall not be liable if they did not know these assurances or could not know them, or when these assurances could not have influenced the Consumer’s decision to conclude a sales agreement, and when the content of these assurances was corrected before the conclusion of the sales agreement.
The Seller is liable for non-compliance of the Goods with the Agreement, only in the case of its discovery before the lapse of two years from the date of issuance of the Goods to the Consumer.
In the case of the Consumer, when a physical defect has been found within one year from the date of the release of the Goods, it is presumed that the defect or its cause existed at the time of the release of the Goods.
The Seller is responsible under limited warranty for physical defects of the Goods that existed at the time of purchase by the Customer or resulted from a reason inherent in the item sold at the same time.
If the Good has a defect, the Customer may submit a request for price reduction or withdrawal from the Sales agreement, unless the Seller immediately replaces the defective Good with one free from defects or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or if the Seller did not honour his obligation to exchange the Goods or remove the defects.
If the Goods have a defect, the Customer may also request replacement of the item for one free of defects or removal of the defect.
The Consumer, instead of the removal of the defect proposed by the Seller, may request the replacement of the Product for one free from defects or instead of the replacement of the Product request the removal of the defect, unless bringing the Product to compliance with the Agreement in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.
The Seller is obliged to respond to the complaint within 14 days of its receipt.
If the complaint is warranted, the Seller undertakes to replace the defective Goods with a product free of defects or to remove the defect within 14 days from the date the complaint is lodged by the Customer.
In the event of successful withdrawal from the sales agreement, the Seller undertakes to return the payment within 14 days from the date of receipt of the withdrawal from the Sale Agreement, with the proviso that the payment will not be returned until the Goods have been returned or the Consumer provides proof of sending it back.
The claim for the removal of the defect or replacement of the Product with a Product free from defects expires after one year from the date of finding the defect. In the case of a Consumer, the limitation period may not end before the expiry of two years.
The customer who exercises the rights under the warranty at the expense of the Seller shall deliver the defective Goods to the Seller to the address indicated in part III paragraph 6 point d of these Terms and Conditions.
VII Withdrawal from the Sales Agreement
In accordance with the Act of May 30 2014 on consumer rights, the Consumer may Withdraw from the Sales Agreement without stating any reason, by submitting an appropriate statement in writing within 14 days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). To comply with this deadline, it is sufficient to send a statement within 14 days.
The Customer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement. The declaration template is attached to these Terms and Conditions.
The declaration of Withdrawal from the Sales Agreement should be sent to the following address: email@example.com
The consumer shall return the Goods to the Seller within 14 days from the date on which they withdrew from the Sale Agreement. To comply with the deadline it is sufficient to send back the Goods within 14 days.
Returns should be sent to the address of the external warehouse:
Paul Schockemöhle Logistics Polska Sp. z o. o.
- Transportowa 24
The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the Sale Agreement, will return to the Consumer all payments, including the cost of delivering the Goods, but the payment will not be reimbursed until the Goods are returned or the Consumer has provided proof of return.
The Seller will refund the payment using the same method of payment as used by the Consumer.
The consumer bears the costs of returning the Goods to the Seller.
VII Personal Data Processing
- By placing an order, the Customer agrees to the processing of the personal data provided by them for the purpose of processing and handling the order by the Seller, who is also the administrator of personal data as per the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016
- Personal data in the Seller’s database is not transferred to entities not participating in the implementation of the Sale Agreement.
- In accordance with the Personal Data Protection Act, the customer has the right to access, correct and delete their personal data. The Seller provides each customer the right to control data processing in accordance with art. 32 of the Data Protection Act.
- Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to fulfil the Customer’s order.
IX Final Provisions.
- These Terms and Conditions define the rules for the conclusion and performance of the Sale Agreement of Goods on the Store’s website.
- The Sale Agreement is concluded between the Customer and the Seller [name of the Seller]. Consolidation, security and disclosure of essential provisions of the concluded contract takes place by printing and handing over to the Customer, along with the shipment, the documents confirming the purchase of the Goods.
- Terms and conditions are available to all Customers in an electronic version on the Store’s website at www.carolinamartin.com.
- To use the Store, it is necessary to have devices that allow access to the Internet and a web resource browser that allows you to display websites, as well as provide an email address that allows you to send information regarding the implementation of the order.
- It is forbidden for people using the Store (including Customers) to post illegal content in it.
- In matters not covered by Terms and Conditions, the provisions of generally applicable law shall apply.
- Terms and Conditions do not exclude or limit any rights of the customer who is a consumer, which they are entitled to under the mandatory provisions of law. In the event of a conflict between the Terms and Conditions and the mandatory provisions of law granting rights to consumers, these provisions shall prevail.