TERMS AND CONDITIONS OF MANA MANA ONLINE STORE

Both Seller and owner of the Online Store is Marcelina Rozmus-Prinz, who conducts business activities under the name Mana Mana Marcelina Rozmus-Prinz with registered office in Starogard Gdański at Adama Asnyka Street 3, registered in the Central Business Activity Register and Information System (CEIDG), managed by competent minister of economy; TIN: 5922228613; REGON: 221633085, location of business where the workshop, boutique and office are located: 3 Maja Street 20, 81-363 Gdynia.

Contact with Seller and means of communication:
by phone; at phone number: + 48 698 615 162;
by email; at email address: czesc@manashop.pl
by mail; at local address for service: Mana Mana 3 Maja Street 20, 81-363 Gdynia

§ 1. DEFINITIONS
Order Processing Time – time limit during which the order is completed and, afterwards, submitted to carrier in order to deliver Good at the address specified by Client;

Order Processing Time shall not include time of delivery (time between submitting Good by Seller to Carrier and it’s delivery to Client);
Working Days – shall be understood as days of week from Monday to Friday (excluding public holidays);
Client – entity with full capacity to perform acts in law who submits Order in Online Store in accordance with regulations specified in Term and Conditions, as well as entity on behalf of which services are provided by electronic means;
Consumer – natural person that conducts a legal transaction with the entrepreneur not related directly with its business or professional activity;
Basket – service provided by electronic means; a fill-out form comprising an integral part of the shopping system within the Store where the Client shall confirm subject matter and conditions of Order, including type and amount of Goods, data for service or invoices, means of payment;

Terms and Conditions– hereby terms and conditions of Online Store; 
Boutique  – Seller’s stationary store located in Gdynia at 3 Maja Street 20;
Online Store (Store) – online services available at www.manashop.pl that can be used by Client especially to submit Order for accessible Goods;
Good – product indicated in the Online Store that might comprise the subject matter of Sales Agreement; essential properties of each Good are made available at the Store’s subpage assigned for the Good; the image of Good presented at pages of Online Store is a visualization of its real appearance and shall be considered for information only;
Sales Agreement – agreement on sales of Good pursuant to Act of 23rd April 1964 – Civil Code, concluded in accordance with regulations of hereby Terms and Conditions by and between Seller and Client, through the Store’s procurement system;
Order – Client’s declaration of intent leading directly to conclusion of Sales Agreement with indication of its conditions, conducted with the use of Basket.

§ 2. GENERAL PROVISIONS
Hereby Terms and Conditions specify the rules of using Online Store, especially rules for submitting Order and its modifications, making payments as well as other rights and liabilities of both Client and Seller. Terms and Conditions are made available in PDF form and therefore allows for its download, consolidation and printing.
All products available at the Store are brand-new, free of any either physical or legal defects and have been legally introduced to the Polish market.
Retail sales of Goods, especially purses, is conducted through Online Store on the Internet. Furthermore, Online Store also provides free of charge electronic services in the form of: interactive fill-out form for submitting Orders.

Hereby Terms and Conditions are provided free of charge before concluding the agreement on the site of Online Store as well as – upon Client’s request – in a manner that shall allow the Client to obtain, display and consolidate the content by means of tele-informatic system.
If you wish to use services provided by Store, as a prerequisite please acknowledge hereby Terms and Regulations. Information included in the Online Store shall not comprise a proposal in the meaning of Act of 23rd April 1964 – Civil Code, but shall be understood as an invitation to conclude Agreement.
In order to use Online Store and complete Order, the following minimal technical requirements ought to be fulfilled: equipment with access to Internet, installed and updated Internet Explorer, Chrome, FireFox, Opera, Safar browser with JavaScript turned off, active email account, recommended display resolution 1024×768 pixels.
Client is prohibited to: provide content forbidden by abiding law including content that shall violate personal rights and other rights of third parties; act in a way that either violates or circumvents applicable law as well as breaches the principles of conduct in community and morals; use Online Store in a manner that disrupts its proper functioning or is cumbersome for Seller and other Clients.
Seller shall ensure security of all electronic communication and digital content through implementation of technical and organizational sources for the purpose of protection, especially regarding protection of data from being obtained by unauthorized persons through SSL encryption, access password, antivirus programs and unwanted software. At the same time, Seller declares that using the Internet web and services provided by electronic means might be affected by leakage of harmful software to the user’s tele-informatic system and equipment as well as by third persons’ unauthorized access to Client’s data, including personal data. In order to minimize hereby risks, Client ought to apply appropriate means of technical protection, for example antivirus programs or software protecting user’s identification on the Internet. Agreements shall be concluded in Polish and in accordance with Polish law.


§ 3. ORDERS
Orders can be submitted by electronic means through Store’s procurement system 24 hours a day, 7 days a week throughout the year with the exception that completion of Orders shall take place on Working Days between 8:00 am and 4:00 pm.
Client shall fill-out the Order by virtually adding Goods to Basket. Such effective action shall result in a change in the indicator of Goods in Basket tab on the Order list, which can be freely modified. Upon confirming the selection of Goods, Client shall indicate in the Order form the means and price of delivery, means of payment for Order, contact data and data for receipt and service. Upon completing Order, Client shall confirm all above and submit to Seller by activation of “Order under payment obligation” button.
Each time, before Order is submitted to Seller, Client is provided with a summary of Order, including main features of service and total price of Order, in order to confirm such data.
During the submission of Order, until the “Order under payment obligation” button is activated, there is a possibility for Client to detect and correct errors in the Order through the Online Store’s procurement system.
After the abovementioned moment, Client can change Order, especially in order to correct errors in specified data, until the time the delivery of Good is commenced only through direct, immediate (phone) contact with Seller.
Upon submitting Order, Client shall propose Seller an offer to conclude Sales Agreement on selected Goods based on conditions specified in Order. Conclusion of Sales Agreement shall take place upon accepting the offer by Seller, afterwards Client shall receive confirmation of conditions of Order sent by Seller in email message at email address specified by Client in Order.
Order shall be effective provided that Client appropriately fills out Order form and appropriately specifies contact data, including proper address at which the Good ought to be delivered.
Consolidation, protection and sharing content of Agreement shall take place via Store’s procurement store and shall be attached to the delivered Good. A digital document confirming the content of Agreement shall be provided to Client who submitted Order.
Production time, that is Order Processing Time, is between 7 and 12 working days. Order Processing is launched upon:
payment after receipt – following submission of Order,
bank transfer – following entry of payment into account by Seller,
other – following confirmation received by Seller from the payment operator. In case of payments with card, order processing time ought to be specified from the moment of obtaining positive authorization. From the day of shipment, delivery time shall range from 24 to 48 hours.


§ 4. PRICES AND PAYMENT LIMITATION
Prices specified within the Online Store shall be understood as gross prices (including all duties and taxes, such as VAT), expressed in Polish zloty and shall not include costs of delivery. Total price of Order shall be calculated based on specifications conducted by Client in Order form in accordance with rates indicated hereto.
Binding price is specified in the summary of Order upon being submitted to Seller.
Client can select one of the following methods of payment (forms of payment are limited to):

METHODS OF PAYMENT

1. TRADITIONAL TRANSFER
Transfer to Seller’s bank account (data specified in confirmation of acceptance of Order as well as on the Store’s Internet site:
MANA MANA Marcelina Rozmus-Prinz
3 Maja Street 20 81-363 Gdynia 
Account no.: 78 1160 2202 0000 0002 8566 6146 (Millennium Bank)

2. ELECTRONIC TRANSFER PAY PAL
Bank transfer through external payment system PayPal, managed by firm PayPal (Europe) S.a r.l. & Cie, S.C.A. with registered office in Luxembourg.

3. ELECTRONICAL TRANSFER PRZELEWY24
Bank transfer through external payment system przelewy24, managed by firm DialCom24 Sp. z o.o., 60-327 Poznań, Kanclerska Street 15, TIN 781-173-38-52, REGON 634509164, District Court of Poznań, VIII Economic Division of National Court Register KRS 0000306513, amount of shared capital: 1,697,000 PLN. and PayPro SA, 60-327 Poznań, Kanclerska Street 15, TIN 779-236-98-87, REGON 301345068, District Court of Poznań, VIII Economic Division of National Court Register KRS 0000347935, amount of shared capital: 4,500,000 PLN.

3. ELECTRONICAL TRANSFER TPAY.COM
Bank transfer through external payment system tpay.com, manager by firm Krajowy Integrator Płatności Spółka Akcyjna Św. Marcina Street 73/6 61-808 Poznań. TIN: 7773061579. REGON: 300878437. KRS: 0000412357, +48 12 35 02 477.

4. ELECTRONICAL TRANSFER PAYLANE
Bank transfer through external payment system PayLane, managed by firm PayLane Sp. z o.o. with registered office in Gdańsk (80-387), Arkońska Street 6, apartment A3, registered by District Court of Gdańsk-North in Gdańsk, VII Economic Division of National Court Register under the KRS no. 227278, TIN 586-214-10-89, REGON 220010531, shared capital 585,000.00 PLN.

5. ELECTRONICAL TRANSFER DOTPAY
Bank transfer through external payment system DotPay managed by firm Dotpay S.A., with registered office in Kraków, 30-552 Kraków, at Wielicka Street 72, registered by Distrct Court for Kraków-Śródmieście in Kraków, XI Economic Division of National Court Register under the KRS no. 0000296790, with TIN number 634-26-61-860, NIP EU PL6342661860, REGON no. 240770255 and shared capital in the amount of 4,000,000,00 PLN.

6. ELECTRONICAL TRANSFER PAYU
Bank transfer through external payment system PayU managed by firm PayU SA with registered office in Poznań, 60-166 Poznań, at Grunwaldzka Street 182, national payment institution supervised by Polish Financial Supervision Authority, registered in Financial Services Register under the number IP1/2012, registered in the Entrepreneur Register managed by District Court of Poznań – Nowe Miasto and Wilda in Poznań, VII Economic Division of National Court Register under KRS no. 0000274399, with shared capital in the amount of 4,944,000 PLN, fully paid-up, with TIN no.: 779-23-08-495, REGON 300523444.

7. TRANSFER IN EURO
Bank Transfer International EUR:
Account holder: Marcelina Rozmus-Prinz
Bank Name: Millennium Bank
Account Number:  53 1160 2202 0000 0003 1168 5294
IBAN: PL53 1160 2202 0000 0003 1168 5294
SWIFT-BIC: BIGBPLPW

Client is obliged to make payment for the Order no later than within 5 (five) Working Days from the day of Sales Agreement being concluded, with payment upon receipt.

For each Good sold, a sales note shall be issued in the form of either fiscal receipt or VAT invoice upon Client’s request. The sales note shall comprise confirmation of essential elements of submitted Order. Prices specified in the Online Store can undergo changes (for example, as a result of promotional actions or sale-off campaigns).


§ 5. SHIPMENT

Store shall generate and deliver Orders from the territory of the Republic of Poland.
Deliveries are shipped in the form selected by Client subject to provisions that delivery of Good is limited to the forms specified by Seller in the Order form and the “Delivery and payment” tab. Order processing time, from the day of payment to day of package’s submission to Carrier, is 6-10 working days.

Costs of good delivery are incurred by Client. The cost shall be calculated based on delivery prices indicated in Order form and amount of ordered Goods, also specified in Order form. Upon making selections by Client, the cost of delivery shall be included into the cost of Order in the summary. Costs of delivery shall be expressed in Polish zloty currency and include tax on goods and services (VAT).

Cost of delivery:

Germany 7,30 euro
Austria 7,30 euro
Slovakia 7,30 euro
Belgium 7,30 euro
Denmark 8,50 euro
Czech Republic 7,30 euro
Estonia 9,00 euro
Finland 9,70 euro
Netherlands 7,30 euro
France 11,80 euro
Luxembourg 8,70 euro
Spain 11-12,30  euro
Lithuania 7,50 euro
Latvia 7,80 euro
Slovenia 8,70 euro
Sweden 9,70 euro
Hungary 7,80 euro
Great Britain 11,80 euro
Bulgaria 25,00 euro
Croatia 21,00 euro
Cyprus 70,00 euro
Greece 28,00 euro
Ireland 28,00 euro
Malta 73,00 euro
Portugal 28,00 euro
Romania 19,00 euro
Italy 21,00 euro
Ukraine 25,00 euro
Belarus 25,00 euro
Iceland 70,80 euro
North America 10,40-19,66 euro
Australia and Oceania 17,50-18,24 euro
Asia 12-16,58 euro
South America 12,08-16,58 euro
Africa 10,42-19,66 euro
Rest of the world 11,84 euro

If the event Client selects the option “personal receipt in workshop” in Order form – the service is free of charge. The condition for reception of Good in the workshop is making payment for the amount of Order. Order shall not be submitted for realization if the payment for the amount of Order is not made.

Good shall be shipped at address specified in Order form. Seller shall contact Client immediately in case an inappropriately filled-out form prevents effective delivery of Order.
Time for delivery of Order on the territory of Poland shall take up to 7 (seven) Working Days or 14 (fourteen) days outside Poland, counted from the day the Order is completed and shipped by Seller.
In the event Order suffers from attrition or damage before being shipped, Carrier is responsible to immediately draw up a report on conditions of the shipment and circumstances of such damages. Carrier also ought to perform such deed upon request from Client in case Client asserts that the parcel is damaged. The hazard of accidental loss or damage to Good shall be transferred to Client at the moment it is delivered to Client.

§ 6. WITHDRAWAL FROM AGREEMENT/RETURNS

Right to withdraw from agreement concluded at a distance

You have the right to withdraw from hereby Agreement concluded at a distance within 14 days without providing a reason. Time limit for withdrawing from agreement concluded at a distance shall expire within 14 days from the day you came into possession of the product or from the day a third person, other than carrier, comes into possession of the product. In order to exercise your right to withdraw from agreement, you ought to inform Customer Services Office at Mana Mana, email address: czesc@manashop.pl, phone: (+48) 698 615 162 about your decision to withdraw from hereby Agreement concluded at a distance by means of unequivocal statement (for example, letter sent by mail or by means of electronic mail). Furthermore, you can use the withdrawal from agreement concluded at distance template, however that is not obligatory. Withdrawal from agreement concluded at a distance template.
In order to maintain the time limit for withdrawing from agreement, it shall be sufficient if you send information on your right to withdraw from agreement before the time limit for such right expires.

Effects of withdrawal from agreement

In the event of withdrawal from hereby agreement, we shall return all payments received from you including costs of delivery (excluding additional costs resulting from the method of delivery selected by you other than the cheapest basic method offered by our company) immediately, at any case no later than 14 days from the day we were informed about your decision to exercise your right to withdraw from hereby agreement. The payments shall be returned in the same manner of payment you selected for the original transaction unless you shall clearly indicate another solution; at any case, you shall not be charged with any fees in relation to such return. 

We kindly please to send or return the article to us immediately, no later than 14 days from the day you informed us about the withdrawal from hereby Agreement. The time limit shall be maintained provided you send the article to us before the expiry of the 14-day limit.
The costs of return shipment shall be incurred by Client.

Tailor-made Product

* In the event Client wishes to have offensive or chauvinist words as well as illegal contents or contents that violate the rights of third parties embroidered on the Product, Seller reserves the right to refuse embroidering such content on the product.

The right to withdraw from the agreement shall not apply to Consumer in relation to agreements specified in article 38 of Act of 30th May 2014 on Consumer Rights, especially with respect to services agreements pursuant to which the entrepreneur fulfilled the services upon clear consent of Consumer, who was informed before the service was performed that upon fulfillment the services by entrepreneur, he shall lose the right to withdraw from Agreement where the subject matter is a non-prefabricated article, manufactured in accordance with specifications of Consumer or with an aim to fulfill his individualized needs, where the subject matter is an article which is liable to deteriorate or expire rapidly, where the subject matter is an article that, upon delivery, due to its character shall be inseparably attached with other articles, on supply of digital content that are not kept on material media, if the fulfillment of services was launched upon clear consent of Consumer before the time limit for withdrawal from agreement expires and after informing him about the loss of right to withdraw from agreement.

§ 7. COMPLAINT

Seller has the obligation to provide Client with Good free of any defects. Seller shall be held responsible towards the Client in case Good shows physical or legal defects (warranty). Consumer is entitled to warranty in the form of removal of defects, replacement for article free of defects, lowering the price or withdrawal from Agreement.
Complaints are applicable only to Consumers. Parties, Client not being the Consumer and Seller shall not be entitled to warranty for defects.
Complaints ought to be submitted at the address Mana Mana Marcelina Rozmus-Prinz 3 Maja Street 20, 81-363 Gdynia or e-mail address: czesc@manashop.pl or by phone (+48) 698 615 162. In order to improve the complaint management procedure, the complained about Good can be submitted along with proof of purchase (invoice or receipt) and complaint application (complaint form). Seller shall comply with Client’s request within 14 (fourteen) days. Depending on the method of submitting complaint by Client, Seller shall notify Client about the consideration of complaint and the decision by letter sent at address specified in the complaint or electronic mail or by phone at phone number specified by Client. Client, being the Consumer, who wishes to receive support on complaint, can contact the urban or regional ombudsman for consumer services. The complaint procedure shall also apply to services appropriately provided by Seller by electronic means. Download complaint form here.


§ 8. PERSONAL DATA AND PRIVACY POLICY
Personal data submitted by Client shall be processed by Seller, who is the Personal Data Controller (PDC) pursuant to Personal Data Protection Act of 29.8.1997 (Journal of Laws of 1997 No.133 pos. 883 as amended). The Controller of Client’s personal data shall be Marcelina Rozmus-Prinz, who conducts business activities under the name Mana Mana Marcelina Rozmus-Prinz with registered office in Starogard Gdański at Asnyka Street 3.

The aim and range of processed personal data shall determine the scope of consent and specified data, especially in relation to data submitted by appropriate forms. Processing of Client’s personal data might relate to email address, place of residence, name and surname, phone number and computer IP address.

Personal data shall be processed in order to:
* implement regulations of law,
* fulfill Order, including services by electronic means, consideration of submitted complaints and other activities specified in Terms and Conditions,
* promotional and retail activities conducted by Seller.

Specifying personal data and consent to have them processed is voluntary, but lack of consent to have the data processed indicated as obligatory shall prevent the Seller to perform services and agreements.
Such consent can be withdrawn at any time through submitting appropriate request at email address: czesc@manashop.pl or Seller’s local address: Mana Mana 3 Maja Street 20, 81-363 Gdynia.

The legal basis for processing personal data in cases mentioned in article 3(a) shall be the statutory authorization to process data required in order to comply with the law. However, in cases mentioned in article 3 (b and c), it is the contractual authorization to process personal data in cases when it shall be necessary to perform legally justified objectives of data controller or data receivers as well as consent from Client.

Data shall be specified only for the purpose of fulfilling Order and agreements on providing services by electronic means (to carrier and company providing accounting services for Seller). Personal data collected by Seller can also be made available:
* to appropriate national authorities upon request and in compliance with applicable legal provisions,
* other persons and entities – in cases forecasted by legal provisions.

Sharing personal data with entities unauthorized in accordance with hereby Terms and Regulations shall take place only upon prior consent from Client who such data relate to.

Clients shall have the right to control processed data, to who such data relate, gathered in the data base. Especially, they shall have the right to:
access their personal data, complement and correct data by notifying such request to Seller,
request temporary or permanent stoppage of data processing as well as their removal in case data is incomplete, outdated, untrue or have been collected in violation of Act or shall become obsolete for the fulfillment of objectives for which they were collected,

object against data processing - in cases specified by provisions of law – as well as the right to request removal of data should they become obsolete for the fulfillment of objectivsse for which they were collected.

Specified personal data shall be kept and secured in accordance with rules indicated in applicable provisions of law: Personal Data Protection Act of 29.6.1997 (Journal of Laws No. 101 of 2002 pos. 926, as amended), Act on Provision of Electronic Services of 18.7.2002 (Journal of Laws No. 144, pos. 1204 as amended), Regulation of the Minister of Interior and Administration of 29.4.2004 on documentation of processing of personal data, and technological and organizational conditions which shall be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, pos. 1024).
Seller shall use all technological and organizational measures to provide security of processed personal data appropriate to risks and categories of protected data, especially shall protect data from being disclosed to persons unauthorized, captured by persons unauthorized, processed in violation to Act as well as modified, lost, damaged or destroyed.

In the event Seller becomes aware of Client using the services by electronic means in violation to hereby Terms and Regulations or applicable provisions (prohibited use), Seller shall have the opportunity to process Client’s personal data in scope necessary to determine Client’s liability.

The Internet portal can store inquiries http, therefore the server log files might include some of the information such as computer’s IP address from which the inquiry was submitted, Client’s name station – identification conducted through http protocol when possible, data and system time of registration within the portal and reception of inquiry, amount of baits sent by the serves, URL address of the previously visited website, if the Client entered by link, information on the user’s Internet browser, information on errors that occurred while the http transaction was conducted.

Logs can be collected as a material for proper administration of the portal. Access to information shall be provided only to persons authorized to administrate the information system.

Files with logs can be analyzed in order to conduct statistics of movement within the Boutique and errors that might occur. Summary of such information shall not identify Clients.

§ 9. Discount Coupons and their usage

Discount coupons shall be understood as vouchers that cannot be acquired by means of purchase but shall be distributed within advertisement campaigns and have a limited period of validity.

Discount coupons can be used solely within a specified period of time and for one order. The promotional action can exclude only some of the products. Discount coupons cannot be used to acquire gift cards. Please remember that discount coupons might, but do not need to, be related to minimal amounts for purchase.

The amount of good ought to be no lower than the amount on the discount coupon. The difference in case of higher amount of good can be evened out by payment made by one of the offered methods of payment. The discount coupon cannot be paid in cash. Furthermore, it is not interest-bearing. It is impossible to receive cash return for the discount coupon when the good is fully or partially returned. Return shall be issued in the form of discount coupon.

Discount coupons can be used only before completing the ordering procedure. Afterwards usage shall not be possible.


§ 10. AMENDMENT TO TERMS AND CONDITIONS
Seller can modify hereby Terms and Agreements due to essential legal or technical reasons.

Clients shall be notified about amendment to Terms and Conditions in an information displayed on the main page throughout 14 (fourteen) days before the amendment becomes effective. At the time, Client ought to either accept anew or decline acceptation of Terms and Conditions.
Orders submitted before the amendment to Terms and Conditions becomes effective shall be fulfilled in accordance with previous content of Terms and Conditions.

§ 11. FINAL PROVISIONS

In matters not regulated in hereby Terms and Conditions, regulation of universal law, especially Act of 23.4.1964 r. – Civil Code, Act of 17.11.1964 Civil Procedural Code and Act of 30.05.2014 – on Consumer Rights, shall apply.

Liabilities of Client resulting from Agreement shall be deemed fulfilled at the moment of payment for Good and deliverance and reception of Good, conducted in compliance with Order.

All materials, including graphic elements, composition and others available at the Online Store shall be subject to exclusive rights, especially subject to protection of copyrights and industrial property rights.  Usage of materials available at the Online Store in any form shall require consent from Seller at each time.
In case of disputes with the Seller, Client shall be entitled to revert to Permanent Consumer Arbitration Court with request to resolve dispute resulting from the concluded Sales Agreement. Consumer might also request for mediation or settling by other arbitration court (use alternative means of settling disputes, so-called ADR). For such purpose, depending on Consumer’s will, Seller ought to be provided with request for meditation or request for hearing before arbitration court. In case event relates to defects in Good, one ought to take into account that support from consumer court operating with commercial Inspection is possible after completion of complaint process at the Seller.

Detailed information on access to such procedures is available at authorities conducting such procedures, including websites managed by them. In other cases, upon determining the governing jurisdiction of court, one ought to comply with regulations specified in Act of 17.11.1964 Civil Procedural Code (consolidated text: Journal of Laws of 2014, pos. 101 as amended). Any disputes between Seller and Client, who is not the Consumer, shall be submitted to court appropriate due to location of Seller’s registered office.

Effective date of Terms and Conditions: 25th December 2014.

Consumer might also use out-of-court complaint mechanisms and pursue claims by submitting the complaints through EU internet platform ODR, available at: http://ec.europa.eu/consumers/odr/

WITHDRAWAL FROM AGREEMENT CONCLUDED AT A DISTANCE TEMPLATE

COMPLAINT FORM

my bag

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