Regulations

TERMS AND CONDITIONS – RETAIL SALES

§ 1. General Provisions

1. These Terms and Conditions set out the rules governing the use of the online store operated at www.moncheri-hurt.pl, the placing of orders, the conclusion of sales contracts, payments, delivery, the exercise of the right of withdrawal from a contract, and the
submission of complaints.
2. The owner of the online store and the Seller is:
Mon Cheri Marta Malinowska
ul. Rzemieślnicza 35
C.H. PTAK Fashion City
Hala B, stand 158
95-030 Rzgów
Tax Identification Number (NIP): 982-036-75-08
e-mail: moncheri@onet.eu
telephone: +48 537 253 208
3. The Store conducts retail sales of new products via the Internet within the territory of the Republic of Poland and to selected countries of the European Union.
4. All Products offered in the Store are brand new, free from legal and physical defects, and have been lawfully placed on the market.
5. These Terms and Conditions have been prepared in accordance with the applicable provisions of Polish law, in particular:
• the Civil Code;
• the Act of 30 May 2014 on Consumer Rights;
• the Act of 18 July 2002 on the Provision of Services by Electronic
Means;
• Regulation (EU) 2016/679 of the European Parliament and of the
Council (GDPR);
• the Act on Competition and Consumer Protection;
• provisions implementing the Omnibus Directive.
6. The Terms and Conditions are made available free of charge on the Store’s website in a manner enabling them to be saved, downloaded and printed.
7. Each Customer is required to read these Terms and Conditions before placing an order.
8. Placing an order constitutes acceptance of these Terms and Conditions.
9. Sales contracts are concluded in the Polish language.

§ 2. Definitions

For the purposes of these Terms and Conditions, the following terms shall
have the meanings set out below:
Seller – Mon Cheri Marta Malinowska, conducting business activity at the address indicated in § 1 of these Terms and Conditions.
Store – the online store operated at www.moncheri-hurt.pl.
Customer – a natural person, legal person or organisational unit having legal capacity and making purchases in the Store.
Consumer – a natural person performing a legal transaction with an entrepreneur which is not directly related to that person’s business or professional activity.
Entrepreneur with consumer rights – a natural person conducting business activity who is entitled to the rights arising from the Act on Consumer Rights.
Product – a movable item offered for sale in the Store.
Sales Contract – a sales contract concluded between the Seller and the Customer through the Store.
Business Days – days from Monday to Friday, excluding statutory public holidays.
Customer Account – an individual account enabling the Customer to manage orders and Customer data.
Terms and Conditions – these Terms and Conditions.

§ 3. Rules for Using the Store

1. Use of the Store is voluntary and free of charge.
2. The Customer may make purchases:
• after creating a Customer Account;
• without creating an Account, as a Guest.
3. The Customer undertakes to use the Store in accordance with:
• applicable laws;
• these Terms and Conditions;
• generally accepted principles of good conduct.
4. It is prohibited to provide content which:
• is unlawful;
• infringes the rights of third parties;
• contains viruses;
• interferes with the operation of the Store.
5. The Seller exercises due diligence to ensure the continuous operation
of the Store; however, the Seller reserves the possibility of technical
interruptions resulting from:
• maintenance works;
• system updates;
• failures;
• force majeure.
6. The Seller shall not be liable for disruptions resulting from problems
on the part of telecommunications operators, Internet service
providers or devices used by the Customer.

§ 4. Technical Requirements

The following are required to use the Store:
1. a device with Internet access;
2. an up-to-date web browser (Chrome, Firefox, Edge, Safari or
equivalent);
3. an active e-mail address;
4. enabled cookies and JavaScript;
5. the ability to receive e-mail messages.
The Seller does not guarantee the proper functioning of the Store on outdated versions of web browsers.

§ 5. Customer Account

1. Creating a Customer Account is voluntary and free of charge.
2. Registration requires the provision of accurate and truthful information.
3. The Customer undertakes to update their data if any of the information changes.
4. The Account is secured by an individual password established by the Customer.
5. The Customer is responsible for maintaining the confidentiality of their login credentials.
6. The Seller may block an Account exclusively in the event of:
• a breach of these Terms and Conditions;
• the provision of false information;
• use of the Store in a manner contrary to law;
• attempts to interfere with the operation of the Store.
7. The Customer may delete their Account at any time by contacting the Seller.

§ 6. Placing Orders

1. Orders may be placed around the clock,
2. 7 days a week.
3. The conditions for placing an order are:
• adding Products to the shopping cart;
• providing the information necessary to fulfil the order;
• selecting a delivery method;
• selecting a payment method;
• accepting the Terms and Conditions and Privacy Policy.
4. Before placing an order, the Customer has the opportunity to reviewand correct all information.
5. After placing an order, the Customer receives an e-mail confirming its receipt.
6. Confirmation of receipt of an order does not yet constitute the
conclusion of a Sales Contract.
7. A Sales Contract is concluded when the Seller accepts the order for fulfilment.
8. The Seller reserves the right to contact the Customer in order to verify the information provided or clarify any doubts concerning the order.
9. If the order cannot be fulfilled, the Seller shall promptly inform the Customer and refund all payments received.

§ 7. Prices, Promotions and Product Information

1. All Product prices displayed in the Store are expressed in Polish
zloty (PLN) and are gross prices, including VAT in accordance with the applicable provisions of law.
2. Product prices do not include delivery costs, unless otherwise expressly indicated for a particular Product or as part of a promotional campaign.
3. The delivery cost is presented to the Customer each time before the order is placed and in the order summary.
4. Information concerning Products displayed in the Store constitutes an invitation to conclude a Sales Contract within the meaning of
Article 71 of the Civil Code and does not constitute an offer within the meaning of Article 66 of the Civil Code.
5. The Seller exercises due diligence to ensure that Product descriptions, photographs and specifications correspond to the actual condition.
6. Product photographs are for illustrative purposes only. The actual appearance of Products, in particular their colour, may differ slightly from that shown in the photographs due to the settings of a monitor,
telephone or other device and the lighting conditions under which the photographs were taken.
7. The permissible dimensional tolerance of Products is ±2 cm, unless otherwise indicated for a particular Product.
8. The Seller reserves the right to change prices, organise promotions and discount campaigns, and withdraw Products from sale. Such changes shall not affect orders placed before the changes were
introduced.
9. In the case of promotions involving a price reduction, the Seller shall provide the lowest price of the Product applicable during the 30-day period preceding the price reduction, in accordance with the
applicable legislation.

§ 8. Payment Methods

1. The Customer may select one of the following payment methods:
• electronic payment via Przelewy24;
• BLIK;
• payment card;
• Apple Pay;
• Google Pay;
• traditional bank transfer to the Seller’s bank account.
2. The availability of individual payment methods depends on the Przelewy24 payment operator.
3. The Store does not process orders with payment by cash on delivery.
4. If the traditional bank transfer option is selected, the Customer is required to make the payment within 3 calendar days from the date on which the order was placed.
5. If the payment deadline expires without payment being made, the Seller may cancel the order.
6. Payment shall be deemed to have been made at the moment the Seller’s bank account is credited or confirmation of payment is received from the payment operator.
7. The sales document is a fiscal receipt.
8. At the Customer’s request, the Seller shall issue a VAT invoice in accordance with the applicable legislation.

§ 9. Delivery

1. The Seller delivers orders within Poland and to selected countries of the European Union.
2. Orders are processed after payment has been credited.
3. The dispatch time is up to 3 Business Days, unless a different period is indicated for a particular Product.
4. Deliveries are made through:
• InPost Parcel Locker – PLN 18.00;
• InPost Courier – PLN 21.00;
• DPD Courier – PLN 20.00;
• DPD Pickup – PLN 15.00.
5. Current delivery costs are presented before the order is placed.
6. The Seller shall not be liable for delays resulting from the actions of carriers.
7. The Customer should check the condition of the shipment upon receipt. In the event of damage, it is recommended that the Customer prepare a damage report and contact the Seller without undue delay.

§ 10. Cancellation of an Order

1. The Customer may cancel an order until it has been accepted for fulfilment.
2. Once the shipment has been dispatched, cancellation of the order is not possible.
3. In order to cancel an order, the Customer should contact the Seller by telephone or electronically.

§ 11. Right of Withdrawal from the Contract
1. A Consumer and an Entrepreneur with consumer rights shall have the right to withdraw from a distance contract without giving any reason within 14 days from the date of receipt of the Product.
2. In order to comply with the withdrawal period, it is sufficient to send the withdrawal statement before the expiry of that period.
3. The Customer may use the return form made available on the Store’s website; however, use of the form is not mandatory.
4. The withdrawal statement may be submitted:
• electronically to moncheri@onet.eu;
• in writing together with the returned Product.
5. In the event of an effective withdrawal from the contract, the contract shall be deemed not to have been concluded.

§ 12. Returns

1. The Customer is required to return the Product within no more than 14 days from the date on which the withdrawal statement was submitted.
2. The return should be sent to:
Mon Cheri Marta Malinowska
C.H. PTAK Fashion City
ul. Rzemieślnicza 35
Hala S, stand 154
95-030 Rzgów
3. The direct cost of returning the Product shall be borne by the Customer.
4. The Seller does not accept shipments:
• sent cash on delivery;
• addressed to parcel lockers or collection points without prior arrangement.
5. The refund shall be made no later than within 14 days from the date on which the Seller receives the withdrawal statement. However, the Seller may withhold the refund until the returned Product has been received or the Customer has provided proof of its return, whichever occurs first.
6. The refund shall be made using the same payment method used by the Customer, unless the Customer expressly agrees to another method of refund which does not involve any additional costs.

§ 13. Customer’s Liability for Diminution in the Value of the Product

1. The Customer has the right to examine the Product to the extent necessary to establish its nature, characteristics and functioning.
2. The Customer shall be liable for any diminution in the value of the Product resulting from handling the Product beyond what is necessary to establish its nature, characteristics and functioning.
3. In particular, the following may be considered handling of the Product beyond ordinary examination:
• removal or damage to labels;
• soiling of the Product;
• traces of make-up, perfume, deodorant or other cosmetics;
• washing, ironing or cleaning the Product;
• damage to zippers, buttons, brooches, belts or other decorative
elements;
• permanent deformation of the fabric;
• other signs of use which prevent the Product from being resold as
new.
4. If a diminution in the value of the Product is established, the Seller shall be entitled to reduce the refund by an amount corresponding to the degree of wear or deterioration of the Product, in accordance with
the applicable provisions of law.

§ 14. Complaints

1. The Seller shall be liable for the Product’s conformity with the Contract in accordance with the applicable provisions of law.
2. Complaints may be submitted:
• electronically to moncheri@onet.eu;
• in writing;
• using the complaint form available on the Store’s website.
3. Use of the complaint form is not mandatory; however, it may facilitate and expedite the processing of the complaint.
4. A complaint should include:
• the Customer’s first and last name;
• the order number;
• a description of the reported lack of conformity;
• the date on which it was discovered;
• the Customer’s request.
5. If returning the Product is necessary to process the complaint, the Seller shall inform the Customer of the further procedure.
6. The Seller shall respond to the complaint within 14 days from the date of its receipt.
7. If the complaint is accepted, the Seller shall bring the Product into conformity with the Contract by repairing or replacing it. If this is impossible or would involve excessive costs, the Customer may exercise the rights provided for by the applicable provisions of law.

§ 15. Specific Characteristics of Clothing Products

1. The Seller makes every effort to ensure that the photographs, descriptions and colours of Products presented in the Store reflect their actual appearance as accurately as possible.
2. Due to individual settings of a monitor, telephone or other device and the lighting conditions under which photographs are taken, the actual shade of a Product may differ slightly from that shown in the photographs. This shall not constitute a Product defect.
3. Product measurements provided on the website are approximate. The permissible measurement tolerance is ±2 cm, unless otherwise indicated for a particular Product.
4. Minor differences in fabric shades between individual production batches are a natural characteristic of the manufacturing process and shall not constitute grounds for a complaint.
5. Products may contain decorative elements such as brooches, belts or appliqués. Such elements should be used in accordance with their intended purpose.
6. In order to preserve the proper characteristics of the Product, the Customer should follow the care instructions provided on the Product label.
7. The Seller shall not be liable for damage to Products resulting from improper washing, ironing, drying or use contrary to the manufacturer’s instructions.

§ 16. Personal Data

1. The controller of personal data is:
Mon Cheri Marta Malinowska
C.H. PTAK Fashion City
ul. Rzemieślnicza 35
Hala B, stand 158
95-030 Rzgów
e-mail: moncheri@onet.eu
2. Personal data shall be processed in accordance with applicable laws and the principles set out in the Privacy Policy available on the Store’s website.

§ 17. Out-of-Court Methods of Dispute Resolution

1. A Consumer may use out-of-court methods of complaint handling
and pursuing claims in accordance with the applicable provisions of
law.
2. Information concerning such possibilities is available on the websites
of:
• the Office of Competition and Consumer Protection;
• the competent Regional Trade Inspection Inspectorates.
3. A Consumer may also use other out-of-court dispute resolution
methods provided for by applicable law.

§ 18. Final Provisions

1. These Terms and Conditions shall enter into force on the date of their publication on the Store’s website.
2. The Seller reserves the right to amend these Terms and Conditions for important reasons, in particular in the event of:
• changes in applicable legislation;
• changes to payment methods;
• changes to delivery methods;
• expansion or modification of the scope of services provided;
• the need to adapt the Terms and Conditions to court judgments or decisions of competent authorities.
3. Contracts concluded before the entry into force of a new version of the Terms and Conditions shall be governed by the Terms and Conditions applicable on the date on which the order was placed.
4. Matters not regulated by these Terms and Conditions shall be governed by the provisions of Polish law, in particular:
• the Civil Code;
• the Act on Consumer Rights;
• the Act on the Provision of Services by Electronic Means;
• the GDPR;
• other generally applicable provisions of law.
5. The Terms and Conditions are made available free of charge on the Store’s website in a manner enabling them to be downloaded, saved and printed.