This Regulation is addressed to both Consumers and Entrepreneurs using the Store and specifies the rules for using the online store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 1. Definitions
Consumer – a natural person entering into an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – a natural person conducting business activity.
Business name: Magicmasha Online Shop
Business address: Ul. Hoza 86/410, 00-682 Warsaw
VAT number: PL6282289798
email address: contact@50shadesoflovers.com
User:
a) a natural person with full legal capacity, and in cases provided for by universally applicable law, also a natural person with limited legal capacity,
b) a legal person,
c) an organizational unit without legal personality, to which legal capacity is granted by law,
who uses the website www.50shadesoflovers.com
Customer:
a) a natural person with full legal capacity, and in cases provided for by universally applicable law, also a natural person with limited legal capacity,
b) a legal person,
c) an organizational unit without legal personality, to which legal capacity is granted by law,
who has concluded or intends to conclude a Sales Agreement with the Seller, and who uses or intends to use the Service or Electronic Service.
Entrepreneur – a natural person conducting business activity on their own behalf, a legal person, or an organizational unit without legal personality to whom legal capacity is granted, conducting business activity.
Distance Sales Agreement – an agreement concluded with the Customer within an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, using one or more means of distance communication until the conclusion of the agreement.
Regulation – these regulations of the Store.
Order – the Customer’s declaration of intent submitted using the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
Account – created by the Customer, containing the data provided by the Customer and information about Orders placed by them in the Store.
Registration form – an electronic service, a form available in the Store enabling the creation of a Customer Account.
Contact form – an interactive form available in the Store allowing Customers to contact the Seller.
Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – a Store software feature where the Products selected for purchase by the Customer are visible, and it is also possible to establish and modify the Order data, in particular the quantity of products.
Newsletter – an electronic service provided by the Seller via email, allowing Customers to subscribe and automatically receive periodic, free information electronically, including news and promotions.
Product – a movable item available in the Store that the Customer purchases through the online Store from the Seller.
Sales Agreement – a sales agreement for a Product concluded or to be concluded between the Customer and the Seller through the online Store.
Electronic Service – an electronic service provided by the Seller to the Customer through the online Store.
Business day – one day from Monday to Friday, excluding public holidays.
Personal data administrator – Seller.
Consumer Rights Act – the Act of May 30, 2014, on consumer rights (Journal of Laws, item 827, as amended).
Civil Code – the Act of April 23, 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended), also referred to as the “CC”.
§ 2. General provisions
The Regulations are continuously available on the website www.50shadesoflovers.com in a way that allows any User to obtain, reproduce, and record its content by printing or saving it on a medium at any time.
The Customer undertakes to use the online Store and the services offered by the Seller through it, observing the provisions of the law applicable in the territory of the Republic of Poland and the conditions provided for in these Regulations, while respecting the principles of social coexistence, with regard to the respect for personal rights and copyrights and intellectual property of the Seller and third parties.
The Administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Seller.
Personal data is processed for purposes, scope, and based on principles indicated in the Privacy Policy, continuously available on the Store’s website.
Consent forms, i.e. checkboxes, concerning Customers’ personal data, are available in a visible place in the Store during the purchasing process, and must be accepted by the Customer each time. Customers have the possibility to update, modify, and withdraw their consent to the processing of their personal data provided to the Seller at any time.
The Customer agrees to the collection, storage, and processing of personal data by the Seller for purposes directly related to the performance of the service or the sale of goods ordered in the online Store. The detailed conditions for the collection, processing, and protection of personal data by the Seller are specified in the Privacy Policy of the online Store.
The purchase of Goods can only be made by a person of legal age.
All information contained in the Seller’s online Store relating to Goods and Services (including: descriptions, prices of Goods) does not constitute an offer within the meaning of Art. 66 of the Civil Code but an invitation to conclude an agreement specified in Art. 71 of the Civil Code.
Using the online Store means any action by the User leading to familiarization with all content posted on the website of the online Store.
In order to secure and protect electronic transmission, as well as digital content, the Seller implements and applies appropriate technical and organizational measures. In order to secure and minimize the risks that may arise from using the Internet, the Customer should apply appropriate technical security measures.
The Customer/User’s use of the online Store means any action by the Customer leading to their familiarization with all content posted on the Store’s website.
The online Store has the right to organize occasional competitions and promotions, the terms of which will be announced on the website of the online Store each time.
Promotions of Goods organized through the online Store cannot be combined unless the regulations of a particular promotion state otherwise.
§ 3. Contact with the Store
Seller’s business address: ul. Hoza 86/ 410, 00-682 Warsaw.
Seller’s email address: contact@50shadesoflovers.com
§ 4. Technical requirements
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following is necessary:
a) a computer, laptop, or other multimedia device with internet access,
b) access to email,
c) an internet browser that supports cookies (Mozilla Firefox version 17.0 and higher, Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher),
d) recommended minimum screen resolution: 1024×768,
e) enabling the storage of cookies and JavaScript support in the internet browser.
§ 5. General Information
The Seller shall not be liable to the widest extent permitted by law for disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful activities of third parties, or the incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. The Customer can place orders for Products in the Store either by creating an Account in accordance with the provisions of § 6 of the Regulations or by choosing the “guest checkout” option (or its equivalent).
Access to certain features of the website may require prior registration by the Customer and logging in each time. The use of available website features is voluntary.
All prices on the online Store website are given in EUR € and are gross prices (including VAT). Prices do not include delivery costs.
The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery, and postal services), which the Customer is informed of on the Store’s pages during the ordering process, including at the time of expressing the will to be bound by the Sales Agreement.
The Customer is responsible for the costs associated with accessing the Internet and transmitting data according to the tariff of their internet service provider.
The Customer is responsible for the authenticity and completeness of the data provided by them, which are necessary for the performance of the Sales Agreement.
The Seller provides the following electronic services through the online Store: Customer Account, Contact Form, Order Form, Newsletter, which are voluntary and free of charge.
Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the online Store (excluding complaints about the goods) can be submitted by the Customer via email to the email address indicated in § 3 of the Regulations. It is also recommended that the Customer include in the complaint information (which will be helpful for the Seller in the process of handling the complaint and may expedite the complaint process): circumstances related to the subject of the complaint and the occurrence of any defects, such as the type and date of occurrence of the defect, specifying the Customer’s request, contact details of the person submitting the complaint/Customer. These recommendations are not obligatory and do not affect the effectiveness of handling a particular complaint.
In relation to a given complaint, the Seller will take a position immediately, but no later than within 14 calendar days from the date of its submission.
The right to withdraw from an agreement for the provision of electronic services is granted to the Customer who is a Consumer on the terms provided for in the Regulations.
The right to withdraw from an agreement for the provision of electronic services is granted to the Customer for whom the Seller provides services that are continuous and without a fixed term, without giving a reason, with immediate effect. To exercise this right, the Customer sends an unambiguous statement of terminating the agreement for the provision of electronic services via email to the address: [email protected]
The Seller reserves the right to terminate an agreement for the provision of electronic services of a continuous and indefinite nature with a 14-day notice period in the event of a breach of the provisions of the Regulations by the Customer/Consumer.
§ 6. Creating an Account in the Store
An Account is created by completing the Registration Form. The following data must be provided: email address and a password consisting of the minimum number of characters specified in the displayed message.
Additional data that can be completed in the Account’s administrative panel will be used to place orders in the Store when filling out the Order Form.
Creating an Account in the Store is free of charge.
The requirement for registration and creating an Account is the User’s or Customer’s consent to the content of the Regulations and the Privacy Policy, as well as providing personal data indicated in the Registration Form.
To log into the Account, the Customer must provide the login and password established in the Registration Form when creating the Account. After logging into their Account, the Customer has the possibility to edit the data entered by them and access the order history.
The Customer has the right to delete the Account at any time, without giving a reason and without incurring any fees, by sending a relevant request to the Seller, in particular via email or in writing to the addresses indicated in § 3 of the Regulations, or directly in the administrative panel of the Account by the Customer themselves.
A Customer who has an Account in the Seller’s Store and chooses to resign from and delete the Account has the right to request the Seller to permanently delete their personal data from the Seller’s databases within the scope of the Store.
§ 7. Newsletter:
The agreement for the provision of the electronic service, namely the Newsletter, is concluded for an indefinite period when the Customer subscribes to the Newsletter service using the functionality available on the online store’s website.
The User or Customer, as part of the Newsletter service, has the option to receive commercial information (including news, promotions) from the Seller in the form of messages sent to the email address provided by the Customer.
The use of the Newsletter service requires the User to have a computer or other multimedia device with Internet access and an active email address.
To use the Newsletter service, the User must provide a valid email address and click the “Send” button (or equivalent) and then confirm the activation link sent to the provided email address.
The User or Customer has the right to withdraw consent to receive messages through the Newsletter service at any time, without stating a reason. The withdrawal of consent can be done by unchecking the consent option for receiving information about new products and promotions in the Customer panel or by sending a request to remove their email address from the Newsletter subscription to the Seller’s email address.
The Newsletter is sent only to individuals who have subscribed by confirming the activation link sent to the provided email address.
§ 8. Placing an Order:
The agreement for the provision of the electronic service, which enables Customers to place orders using an interactive order form, referred to as the “Order Form,” is concluded for a fixed period from the moment the Customer adds the first Product to the electronic shopping cart in the online store. The agreement ends when the Customer decides to cancel the completion of the Order Form or submits the completed Order Form to the Seller by clicking the “Order and Pay” button.
The process of completing the Order Form is organized in such a way that every Consumer has the opportunity to familiarize themselves with it before making a decision to enter into the Agreement or make changes to the Agreement.
Orders can be placed through the online store 24 hours a day, 7 days a week.
To place an order, the Customer should:
a) Log in to the store (optional).
b) Select the Product(s) to be ordered and then click the “Add to cart” button.
c) Log in or choose the option to place an order without registration.
d) If the option to place an order without registration is chosen, fill out the Order Form by providing the following data: name, address (street, house number, apartment number, postal code, city), email address, phone number, and information regarding the Sales Agreement: Product, quantity, delivery address, payment method for the Product. Customers who are entrepreneurs or Consumers requesting an invoice should also provide: the name of the company under which they conduct business and the tax identification number.
e) Click the “Order and Pay” button (or equivalent).
f) Choose one of the available payment methods and, depending on the chosen method, pay for the order within the specified time, subject to §10 point 3 of the Regulations.
Providing the necessary data in the Order Form and clicking the “Order and Pay” button (or equivalent) constitutes placing an order by the Customer and has legal consequences for the conclusion of a Sales Agreement in accordance with the applicable laws governing distance contracts.
It is possible for the Customer to modify the Order until the moment of clicking the “Order and Pay” button (or equivalent).
§ 9. Available Delivery and Payment Methods:
The Customer can choose from the following delivery or pickup methods for the ordered Product:
a) Courier delivery.
The Customer can choose from the following payment methods:
a) Electronic payments.
b) Payment by credit card.
c) PayPal.
Detailed information regarding the available delivery methods and accepted payment methods can be found on the store’s website.
§ 10. Execution of the Sales Agreement:
The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an order using the Order Form in the online store, in accordance with § 9 of the Regulations.
Immediately after receiving the Order, the Seller sends the Customer an electronic statement of acceptance of the Order to the email address provided during the order placement. This statement also serves as confirmation of the Order. The Sales Agreement between the Customer and the Seller is concluded upon the Customer’s receipt of the email.
The summary and confirmation message of the Order includes all previously agreed-upon conditions of the sales agreement, including the quantity and type of the ordered Product, the total price to be paid, including delivery costs, and the amount of any discounts granted (if applicable).
In the case of the Customer choosing:
a) Payment by bank transfer, electronic payment, or credit card payment – the Customer is obliged to make the payment immediately, no later than 3 business days from the date of the conclusion of the Sales Agreement. Otherwise, the order will be canceled.
The choice of the delivery provider made by the Customer during the order placement has a direct impact on the order’s processing.
The delivery time for the order is 1 to 3 business days, unless a different timeframe is specified in the description of the specific Product or during the order placement.
The Seller will dispatch the Product within the timeframe indicated in its description (subject to paragraph 7 of this section) and using the method chosen by the Customer during the order placement.
In the case of orders for Products with different delivery times, the delivery time is determined by the longest specified timeframe.
The start of the delivery period to the Customer begins as follows:
a) In the case of bank transfer, electronic payment, or credit card payment – from the date of crediting the Seller’s bank account.
b) In the case of cash on delivery payment upon delivery – from the date of the conclusion of the Sales Agreement.
If exceptional circumstances arise or it is not possible to fulfill the order within the specified timeframe, the Seller will immediately contact the Customer to determine the further course of action, including setting a different delivery date or changing the delivery method.
The Product delivered to the carrier is packed appropriately to ensure protection against damage during transportation.
Product delivery is available in the following countries: Andorra, Portugal, France, Italy, Spain, Netherlands, Belgium, Luxembourg, Austria, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Iceland, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Czech Republic, Romania, Sweden, Liechtenstein, Moldova, Norway, San Marino, Switzerland, England, Ireland.
The delivery of the Product to the Customer is subject to a fee unless the Sales Agreement provides otherwise. The delivery costs (including transportation fees) are indicated to the Customer on the online store’s website in the “Delivery Costs” section and during the order placement, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
§ 11. Right of Withdrawal from the Agreement
The Consumer has the right to withdraw from a distance sales agreement.
The Consumer may withdraw from the Sales Agreement within 14 days without stating any reason. At the same time, the Consumer is obligated to return the Product undamaged and in its original packaging, depending on its nature: Erotic gadgets will be accepted only in the original packaging without tampered security measures or torn foil.
The withdrawal period mentioned in paragraph 2 starts from the date of delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.
The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline electronically to the address indicated in § 3 of the Terms and Conditions. The withdrawal form template is attached as Appendix No. 1 to the Store’s Terms and Conditions, but its use is not mandatory.
The consequences of withdrawal from the Agreement are as follows:
a) In the case of withdrawal from a distance sales agreement, the Agreement is considered not concluded.
b) In the case of withdrawal from the Sales Agreement, the Seller shall refund all payments made by the Consumer, including the delivery costs, without undue delay and no later than 14 days from the day on which the Seller receives the Consumer’s statement of withdrawal from the Agreement. This does not include additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
c) The Seller will make the refund using the same payment methods that the Consumer used in the initial transaction, unless the Consumer has expressly agreed to a different solution that does not entail any costs for them.
d) The Seller may withhold the refund until receiving the returned Product or until the Consumer provides proof of its return, depending on which event occurs first.
e) The Consumer should return the Product to the address provided, electronically, without undue delay and no later than 14 days from the day on which they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiration of the 14-day period.
The right to withdraw from a distance sales agreement does not apply to the Consumer in relation to the Agreement:
a) Whose price depends on fluctuations in the financial market that are beyond the Seller’s control and that may occur before the withdrawal period expires.
b) Whose subject matter is a perishable item or an item with a short shelf life.
c) Whose subject matter is a sealed item that cannot be returned after opening the packaging due to health or hygiene reasons, if the packaging was opened after delivery.
d) Whose subject matter is items that, due to their nature, are inseparably combined with other items after delivery.
§ 12. Complaints and Warranty
The Sales Agreement covers new Products.
The Seller is liable to the buyer if the sold item has a physical or legal defect. The basis and scope of the Seller’s liability towards the Consumer in the event of the sold item having a physical or legal defect are determined by the provisions of the applicable law, including the Civil Code (in particular, Articles 556-576 of the Civil Code).
The Seller is liable to the Consumer under the warranty for physical defects (a physical defect means a discrepancy of the sold item with the Agreement) and for legal defects.
A complaint can be submitted electronically to the address indicated in § 3 of the Terms and Conditions.
The Seller will respond to the Consumer’s complaint without undue delay, but no later than within 14 calendar days from the date of submission. Failure to respond within the specified period means that the Seller considered the complaint justified.
It is recommended that the Consumer include the following information in the complaint (which may be helpful for the Seller in the process of handling the complaint and may expedite the complaint procedure):
a) Circumstances regarding the subject of the complaint – the Product and the occurrence of any defects, such as the type and date of occurrence of the defect.
b) Specification of the Consumer’s request (request for bringing the Product into conformity with the Sales Agreement, requesting a price reduction, or withdrawing from the Sales Agreement).
c) Contact details for the person submitting the complaint/Consumer.
The provided recommendations are not mandatory and do not affect the effectiveness of the complaint resolution. The complaint form template is attached as Appendix No. 2 to the Store’s Terms and Conditions.
The Consumer exercising warranty rights should deliver the defective Product to the address provided by electronic means by the Seller.
If a warranty has been granted for the Product, information about it, including its content, will be included in the description of the Product in the Store.
§ 13. Out-of-Court Complaint Resolution and Claim Enforcement Methods
Detailed information regarding the Consumer’s options to use out-of-court complaint resolution and claim enforcement methods, as well as the rules for accessing these procedures, are available at the registered offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer is also entitled to use the EU’s online platform, which provides an interactive model for settling disputes, known as the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.
The Consumer, who is a Consumer, has the possibility to use out-of-court complaint resolution methods, including:
a) Submitting a request for dispute resolution arising from the concluded Sales Agreement to the permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws No. 4, item 25, as amended), and the regulations governing the organization and operation of permanent consumer arbitration courts are specified in the Regulation of the Minister of Justice of 25 September 2001 on determining the regulations for the organization and operation of permanent consumer arbitration courts (Journal of Laws No. 113, item 1214, as amended).
b) Submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings aimed at amicably resolving the dispute between the Consumer and the Seller.
c) Using the assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation).
d) Using the electronic method of resolving disputes with the Seller through the EU’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
§ 14. Personal Data in the Online Store
The Administrator of Customers’ personal data collected through the Online Store is the Seller. Personal data is processed for the purposes, scope, and based on the principles indicated in the Privacy Policy available on the Seller’s website.
Personal data of Customers collected by the Administrator through the Online Store is collected for the purpose of fulfilling the Sales Agreement and, with the Customer’s consent, for marketing purposes.
The recipients of Customers’ personal data from the Online Store may be:
a) In the case of a Customer who chooses courier delivery in the Online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary handling the shipments on behalf of the Administrator.
b) In the case of a Customer who chooses electronic payment or payment by payment card in the Online Store, the Administrator provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.
The Seller declares that they comply with all principles of personal data protection for Customers provided for by the applicable law.
Providing personal data is voluntary. Each person whose personal data is processed by the Seller has the right to access their data and the right to update, correct, request deletion of data, as well as to transfer them to another data controller.
The Customer declares that they give consent to the collection, storage, and processing by the Seller, as well as the provision to another entity, of personal data for purposes directly related to the fulfillment of the ordered Product in the Online Store.
Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude the said agreement.
§ 15. Final Provisions
In the case of concluding agreements other than continuous contracts (e.g., Sales Agreements) based on the Terms and Conditions, changes to the Terms and Conditions shall not in any way affect the rights acquired by Customers who are Consumers before the effective date of the changes to the Terms and Conditions (including: changes to the Terms and Conditions shall not affect orders placed or submitted and agreements concluded, performed, or executed Sales Agreements).
In the event that a change to the Terms and Conditions would result in the introduction of new fees or an increase in current fees, the Consumer who is a Consumer may exercise the right to withdraw from the agreement. The provisions of Polish law apply to matters not regulated in this Terms and Conditions, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.