MERCH.MAYONES.COM ONLINE STORE TERMS OF USE

Version from Oct. 16th 2013

I. Definitions

The terms used within the Terms of Use have the following definitions:

1. Client - an individual, legal entity or organizational unit, which is not a legal entity, in case of whom the law allows that unit to be treated as a legal entity, who places the Order within the Online Store;

2. Civil Code - Act created on Apr. 23. 1964. (Dz. U. [Journal of Laws] No. 16, item 93 with further amendments);

3. Terms of Use - Herein Terms of Use regarding provision of services in an electronic way, within the scope of the merch.mayones.com Online Store;

4. Online store (Shop) - Internet service available under www.merch.mayones.com URL, with the use of which the Client may particularly place orders;

5. Goods - products presented in the Online Store;

6. Sales agreement - Goods sales agreement, in line with the Civil Code, made between the Gitary Mayones S.C. and the client, with the use of the Online Store website;

7. Act on Specific Terms and Conditions of Consumer Sale - Jul. 27. 2002 act regarding the specific terms and conditions of consumer sales and amendments to the Civil Code (Dz. U. [Journal of Laws] No. 141, item 1176 with further amendments);

8. Act on Rendering Electronic Services- Jul. 18. 2002 Act on Rendering Electronic Services (Dz. U. [Journal of Laws] No. 144, item 1204, with further amendments);

9. Order - declaration of Client’s will, which is aimed directly at finalizing the sales Agreement, defining particularly type and quantity of the ordered Goods.

10.Owner of the shop:

GITARY MAYONES S.C. Halina Dziewulska, Dawid Dziewulski 
Narwicka 10
80-557 Gdańsk, Poland
NIP [Taxpayer Identification Number]: 957-07-42-252
Entry number: 97605 (business has been registered by the President of Gdansk)
REGON Number (Polish National Business Registry number): 191800761

II. General provisions

2.1. Herein Terms of Use define the conditions of using the Online Store, which is available under the www.merch.mayones.com URL.

2.2. Herein Terms of Use shall be treated as Terms of Use defined in the Article 8 of the Act on Rendering Electronic Services.

2.3. The Online Store under the www.merch.mayones.com URL is managed by the GITARY MAYONES S.C.. company.

2.4.Herein Terms of Use define particularly the following issues:

• a. rules of registering and using an account within the online store;

• b. terms and rules of making electronic reservations of the products available within the online store;

• c. terms and rules of placing orders in an electronic way, within the online store;

• d. rules of concluding sales Agreements with the use of services provided within the Online Store.

2.5. In order to use the Online Store, the Client shall, by own means, gain access to a PC or end-device which has Internet access.

2.6. Clients may get access to the herein Terms of Use at any time via a link placed on the landing page of the merch.mayones.com website, they may download the herein terms of use and they may print the herein document out.

2.7. Information regarding the goods provided within the webpages of the Online Store, particularly the descriptions, technical parameters and usage parameters and prices, are to be treated as invitation for agreement, in line with Article 71 of the Civil Code.

III. Rules of using the Online Store

3.1.Registering an account in the Online Store is required to start using the Store.

3.2. Registration is realized by filling in and accepting the registration form, which is provided at one of the Store’s webpages.

3.3. Accepting the contents of the Terms of Use and providing required personal data marked as compulsory is the condition, which needs to be fulfilled in order to register an account.

3.4. Gitary Mayones S.C. has a right to revoke the Client’s right of using the Online Store, as well as a right to limit his access to part or all of the resources of the Online Store with an immediate effect, should the Client breach the Terms of Use, particularly when the Client:

• a. has provided data which is not true, accurate or up to date, or misleading or breaching the rights of the third parties, when registering the account in the Online Store,

• b. Committed, via the Online Store, a breach of personal rights of the third parties, particularly the personal rights of other Clients of the Online Store,

• c. Commits other actions, which will be considered as behaviors treated by the Gitary Mayones S.C. company as not compliant with the legal regulations in force or not compliant with the general rules of Internet usage, or commits actions that damage the good reputation of the Gitary Mayones S.C. company.

3.5. Person whose rights to use the Online Store have been revoked cannot register another account without prior consent of the Gitary Mayones S.C. company.

3.6.In order to provide safety of communication and data exchange related to the services provided within the Website, the Online Store will use the technical and organizational measures tailored to the level of threat of the provided services, particularly measures which may be used to act against unauthorized gathering and modification of the personal data transferred via the Internet.

3.7.The Client is obliged particularly to:

• a. not to deliver or transfer legally prohibited content, e.g. content popularizing violence, defaming or breaching the personal rights and other rights of the third Parties,

• b. use the Online Store in a way that would not interrupt its functioning, particularly by using proper software or devices,

• c. not to undertake actions such as: disseminating or publishing unordered information (spam), within the Online Store.

• d. use the online store in a way which is not cumbersome for other clients and for the Gitary Mayones S.C. company,

• e. use any content published within the Online Store only for his own personal use,

• f. use the Online Store in a way that will be compliant with the regulations of Law in force within the territory of Republic of Poland, provisions of herein terms of use and general rules of using the Internet.

IV. Procedure regarding conclusion of the sales Agreement

4.1. In order to conclude a Sales Agreement via the Online Store, the Client needs to enter the merch.mayones.com website, select the products, including their size, color and version, undertaking the subsequent actions in accordance with the on-screen messages and information available on the Website.

4.2. Selection of the Ordered goods by the client is done by adding them to the shopping cart.

4.3. When placing the order - until the moment of clicking “place the order” button - the client has an option of modifying the entered data and of selecting the Goods. In order to do that the Client needs to follow the messages displayed on screen and act in accordance with the information available on the website.

4.4. After the client who is using the Online Store provides all the data needed, summary of the placed Order will be displayed on screen. Summary of the Placed order will contain information referring to:

• a. subject of the agreement,

• b. unit price and total price of the ordered goods or services, including but not limited to the shipping costs and additional costs (if such are present),

• c. selected payment method,

• d. selected shipping method,

• e. shipping time,

4.5. In order to send the Order, accepting the Terms of Use is needed, along with provision of the personal data and clicking the button “Place the order”.

4.6. Client’s sending the order is tantamount to declaration of will of concluding a sales Agreement with the Gitary Mayones S.C. company, in accordance with the terms of use.

4.7. After the order is placed, the client receives an e-mail message, with “ merch.mayones.com - Confirmation of the order placement” in the subject line, which contains the final confirmation of all the relevant details of the Order.

4.8. The Agreement is considered to be concluded at the moment when the Client receives the e-mail message mentioned above.

4.9. The sales agreement is concluded in English, and its contents are compliant with the Terms of Use.

V. Shipping

5.1. Delivery of the goods is limited to the area of Europe and it is realized in accordance with the address indicated by the client when the Order is placed.

5.2. Shipping of the Ordered Goods is realized via own means of transport, courier or post. Exact cost of shipping will be indicated when the Order is placed.

5.3. Shipping term is visible in the shopping cart and separately for courier companies and post - when selecting the shipping type.

5.4. Clients may get access to the herein Terms of Use at any time via a link placed on the landing page of the merch.mayones.com website, they may also download the herein terms of use and they may print the herein document out.

5.5. Products in our offer are brand new and free of physical and legal defects.

Consolidation, securing, sharing and confirmation of the relevant provisions of the goods Sales Agreement for the Client is realized by sending a printout of confirmation and specification of the Order and VAT invoice to the client with the shipping package and via e-mail after placing the Order.

VI. Prices and payment methods

6.1. Prices of the Goods are provided in euro currency and they include all components, including Value Added Tax (indicating the value of VAT rate), customs and any other components.

6.2. Customer may pay in the following ways :

• a. via a bank transfer, to the account no €: 56 10901098 00000001 04578147 SWIFT: WBKPPLPP,

• b. via PayU system payment,

• c. via COD paid to the courier who is delivering the parcel.

• d. via PayPal

• e. via DotPay

6.3. When the goods are sold beyond the EU territory, customs fees may apply.

VII. Right of withdrawing from the agreement

7.1. The Client, who is treated as a consumer, in line with the Art. 221 of the Civil Code, has a right - on the basis of the legal regulations - to withdraw from the remote agreement, without any reason, by submitting proper statement in writing (tu dołączyć link do karty zwrotu), within 14 days, sending it to the following address:

GITARY MAYONES S.C. 
Narwicka 10
80-557 Gdańsk, Poland

Or via e-mail, to the following e-mail address: sklep@mayones.com

7.2. The 14-days deadline is counted from the date of delivery.

7.3. Right of withdrawing from the agreement on the side of the customer is excluded in cases of:

• the goods (services) beyond the scope of the standard offer of the shop, which are prepared specially for the Client and tailored to his individual needs;

7.4. In case the remote agreement is terminated, it is considered not to have been concluded. What has been provided by the Parties is returned in unchanged state, unless change was needed within the scope of ordinary management. Return shall occur immediately, no later than within the deadline of 14 days. The purchased goods shall be returned to the following address:

GITARY MAYONES S.C. 
Narwicka 10
80-557 Gdańsk, Poland

7.5.Goods returned by the Client shall be packed in a proper way, which would prevent the goods from being damaged during the shipping process.

7.6. Cost of package and shipping is incurred by the Client.

VIII. Complaints regarding the Goods

8.1. Gitary Mayones S.C., as a seller, is liable in front of the Client who is treated as a consumer in line with the Article 221 of the Civil Code, for lack of compliance of the Goods with the Sales Agreement related to the goods purchased by that client within the scope defined by the Act on specific terms and conditions of consumer sale.

8.2. Complaints, resulting from breaches in the Client’s rights which are guaranteed by law, or on the basis of the herein Terms of Use, shall be sent via e-mail to the following address: sklep@mayones.com. Gitary Mayones S.C. agrees to consider any complaint within 14 days, and if that’s not possible, the Company agrees to inform the client about the date when the complaint will be considered.

IX. Complaints within the scope of electronically rendered services

9.1 Gitary Mayones S.C. company will undertake all actions needed to provide fully correct operation of the Online Store, within the scope of the currently available technical know-how. The Company agrees to deal with any bugs indicated by the Clients in a reasonable term.

9.2 Client is obliged to inform the Gitary Mayones S.C. company about any faulty operation or interrupted operation of the Online Store.

9.3. Faulty functioning of the Online Store may be reported in writing, to the following address: Gitary Mayones S.C., Narwicka 10, 80-557 Gdańsk, via e-mail, using the following address: sklep@mayones.com, or with the contact form.

9.4. In complaint, the Client shall provide his name and surname, mailing address, type and date of the fault related to the operation of the Online Store.

9.5.Gitary Mayones S.C. agrees to consider any complaint within 14 days, and if that’s not possible, the Company agrees to inform the Client about the date when the complaint will be considered.

X. Final Provisions

10.1. Settlement of potential disputes arising between Gitary Mayones S.C. and the Client who is treated as a consumer in accordance with the Article 221 of the Civil Code, is to be done by competent courts, in accordance with provisions of the respective regulations of the Code of Civil Procedure.

10.2. Settlement of potential disputes arising between Gitary Mayones S.C. and the Client who is treated as a consumer in accordance with the Article 221 of the Civil Code, is to be done by a court having jurisdiction over the the Gitary Mayones S.C. company seat.

10.3. To all matters not regulated by the herein Terms of Use, Civil Code regulations, regulations of the Act on rendering electronic services and other relevant regulations of the Polish law shall apply.