Section 1 - Definitions
Account - a free-of-charge function of the Shop (service) which allows the Buyer to register his/her own individual Account at the Shop and which is regulated by the present Terms and Conditions.
Buyer - any entity which registers an Account at the Shop and has its habitual residence in the European Union.
Shop - Michael & Markus online shop maintained by the Seller under: https://www.michaelmarkus.eu/shop
Seller - Michael & Markus Sp. z o.o. (Spółka z ograniczoną odpowiedzialnością) [limited liability company] with its registered seat located at Ul. Jana z Kolna 11, 80-864 Gdańsk, Poland, entered into the National Court Register [KRS] – Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 0000589957, NIP [Tax Identification Number]: 9571082272, REGON: 363161549, share capital: PLN 5,000.00.
Section 2 - Seller’s Contact Details
1) Address: Michael & Markus Sp. z o.o. (Spółka z ograniczoną odpowiedzialnością), Ul. Jana z Kolna 11, 80-864 Gdańsk, Poland
2) Email address: firstname.lastname@example.org
3) Phone number: + 48 516–155–375
4) The basic tariff of the telecommunications operator used by the Buyer applies to phone calls made by the Buyer. The Seller points out that the cost of non-domestic calls may be higher than the cost of domestic calls – depending on the tariff adopted by the Buyer's operator.
Section 3 - Technical Requirements
1) Proper set-up and functioning of the account requires:
an active e-mail account,
a computer/mobile phone with Internet access;
Section 4 - Account
1) The Buyer creates an Account voluntarily.
2) The Account provides the Buyer with additional options, such as: reviewing the order history of orders placed by the Buyer at the Shop, checking the order status or editing his/her data independently.
3) To create an Account the Buyer needs to fill out a proper form at the Shop.
4) The creation of the Account entails the conclusion of the contract for an unspecified term between the Buyer and the Seller relating to management of the Account on the terms specified in the Terms and Conditions.
5) The Buyer can delete the Account without incurring any costs.
6) In order to delete the Account, the Buyer should send a resignation to the following e-mail address: email@example.com. As a result the Account will be deleted and the contract relating to management of the Account will be terminated.
Section 5 - Complaints
1) Complaints regarding the functioning of the account should be sent to the following e-mail address: firstname.lastname@example.org
2) The Seller will review the complaint within the period of 14 days.
OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
3) In the case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
The assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions.
The assistance of Consumer Centres is free-of-charge by default.
A list of Consumer Centres competent for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html
Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.,
4) Furthermore, the following support options are available in the Republic of Poland:
Mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. The list of Inspectorates is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
Free-of-charge assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Free-of-charge assistance of the municipal or poviat consumer advocate.
Section 6 - Personal Data
2) The purpose processing the Buyer’s data is maintaining an Account.
The basis for the processing of personal data in this case is:
a contract for the provision of services or activities undertaken at the Buyer's request in order to conclude it (Article 6(1)(b) of the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”),
legitimate interest of the Seller, consisting in the processing of data to determine, assert or defend any potential claims (Article 6(1)(f) of the GDPR).
3) Providing data by the Buyer is voluntary, but at the same time it is necessary for maintaining an Account. Failure to provide data means that the Seller will not be able to provide the management service for the Account.
4) The Buyer's data will be processed until:
the possibility of pursuing claims related to the Account by the Buyer or the Seller ceases;
the Buyer's objection against the processing of his/her personal data is accepted – if the basis for data processing was a legitimate interest of the Seller
– depending on whichever is applicable in that case and whichever is later.
5) Furthermore, the Buyer has the right to:
access his/her personal data,
restrict their processing,
demand the transfer of the data to a different controller
Also, the Buyer has the right to:
object at any time to the processing of data for reasons related to the specific situation of the Buyer – in the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on a legitimate interest pursued by the controller).
6) In order to exercise his/her rights, the Buyer should contact the Seller.
7) If the Buyer finds that his data is being processed unlawfully, the Buyer may submit a complaint to the supervisory authority.
Section 7 - Restrictions
1) The Buyer is forbidden to provide content of illegal nature.
2) The contract on managing the Account is concluded in English.
3) In the case of any substantial reasons which are referred to in subsection 4, the Seller has the right to change the present Account Terms and Conditions.
4) The substantial reasons referred to in subsection 3 include:
the need to adapt the Shop to the provisions of the law applicable to the Shop’s activity,
improving safety of the services provided,
changes in the functionality of the Account which require modifications in of the Account Terms and Conditions.
5) The Buyer will be informed about the planned changes in the Account Terms and Conditions via an e-mail sent to the address assigned to the Account at least 7 days before they come into force.
6) If the Buyer does not accept the planned change, he/she should inform the Seller about it by sending an adequate message to the Seller's e-mail address: email@example.com which will result in the termination of the contract regarding the Account management upon the entry into force of the planned change, or earlier, if the Buyer so requests.
7) If the Buyer accepts the planned changes before the date of its entry into force, it is assumed that he/she accepts them. However it does not prevent him/her from terminating the contract in the future.
8) Any dispute arising between the Seller and the Buyer who is not the Consumer will be submitted to the court competent for the Seller’s registered office.
9) No regulation of the present Terms and Conditions waives or restricts in any way the Consumer rights imposed by the provisions of law.
This Account Policy was last updated 26/07/19