Online Shop Regulation

General terms and conditions
Entering into the sales agreement
Payment
Delivery cost, time and method
Complaints
Withdrawal from the agreement
Final provisions

GENERAL TERMS AND CONDITIONS
1. The online shop is operated at www.myharp.pl by Marta Glenszczyk- the owner of MyHarp company registered in the Central Registration and Information on Business of the Republic of Poland controlled by the Minister in charge of economy, NIP (Tax Registration Number): 123 098 84 35, REGON (Company Identification Number): 361956612, correspondence address: 43-100 Tychy, ul. Elfów 55/35, e-mail address: kontakt@myharp.pl
2. By accessing or using the MyHarp website/Online Shop, the Client also confirms they have accepted and fully understood all the regulations and rules included in a privacy policy.
3. All orders accepted by the MyHarp Online Shop are processed on the basis of these regulations and mandatory provisions of law.
4. To place an order the Client is required to first accept these Rules and Regulations.
5. In terms of provided electronic services, the following regulations are understood as regulations defined in the Article 9 of the Act of 18 July 2002 on electronic services (Journal of Laws, from 2002, No. 144, item 1204 with further amendments)
6. The following Rules and Regulations concern Consumers. Their terms and conditions do not intend to ignore or limit any of consumers’ rights provided by binding interpretations of law – all the possible doubts shall be explained in favour of the Consumer. If the following Rules and Regulations will be contradictory to consumers’ rights, these rights are of a primary importance.
7. The Service Provider is also the administrator of personal data processed for the purposes of, relating to and based on a privacy policy published on the website of the Online Shop. Providing this data is voluntary. Each person whose data is processed by the Service Provider is eligible to review, update or correct it.
8. Definitions:
  1. WORKING DAY – one day from Monday to Friday excluding public holidays.
  2. ORDER FORM – the electronic service, an interactive form available in the Online Shop which makes it possible to place an Order by adding Products to cart and describing terms and conditions of the Sales Agreement including method of delivery and payment.
  3. CLIENT – a natural person who has full capacity to perform acts in law and in cases defined by universally binding law also a natural person who has got limited capacity to perform acts in law; a legal person or an organizational unit without legal personality who is granted legal capacity by the act of law and which entered into or intends to enter into the Sales Agreement with the Seller.
  4. CIVIL CODE – the Civil Code of 23 April 1964 (Journal of Laws, No. 16, item 93 with further amendments).
  5. PRODUCT – a movable good available in the Online Shop which is the subject of the Sales Agreement between the Client and the Seller.
  6. RULES AND REGULATIONS – the following Rules and Regulations of the Online Shop.
  7. ONLINE SHOP – the Online Shop belonging the Seller available under the address: www.myharp.pl
  8. SELLER , PROVIDER OF SERVICES – Marta Glenszczyk conducting economic activity MyHarp Marta Glenszczyk, NIP (Tax Identification Number) 123 098 84 35, REGON (Company Identification Number) 361956612, correspondence address: 43-100 Tychy, ul. Elfów 55/35, e-mail address: kontakt@myharp.pl
  9. SALES AGREEMENT – sales agreement as defined by the Civil Code, which is entered into by means of distance communication tools and which concerns selling Commodities by the Seller to the Client after paying the Price of the Product and shipping costs by the Client.
  10. SERVICE USER – a natural person who has got full capacity to perform acts in law and in cases defined by universally binding law also a natural person who has got limited capacity to perform acts in law; a legal person or an organizational unit without legal personality who is granted legal capacity by the act of law and who uses or intends to use the electronic service.
  11. COMMODITY – a movable good presented in the Shop which can be a subject matter of the Sales Agreement and which is described in details in the order.
  12. PRICE – gross remuneration (including taxes) for the Seller defined in PLN, which arises as a result of transfer of the ownership of a Commodity to the Client in accordance with the Sales Agreement.
EXECUTING THE SALES AGREEMENT
1. Price lists and other information about Products given on websites of the Online Shop are the invitation to conclude an agreement within the meaning of the Article 71 of the Civil Code.
2. Orders can be placed through the order form. Internet orders can be placed 24 hours a day all year long. Orders placed during working days after 5p.m., on Saturdays and public holidays will be reviewed on the next working day.
3. The Price of the Product visible on the website of the Online Shop becomes binding in the moment when the Client placesan Order. In the event of a possible change of prices of Products, MyHarp will immediately inform the Client about it. If the Client decides not to accept the new price, the Order will not be processed.
4. Entering into the Sales Agreement through the Order Form
  1. Entering into the Sales Agreement is possible only after placing of the Order by the Client.
  2. After the Order is placed, the Seller confirms receiving it, which binds the Client with their Order, and accepts the Order for processing. Confirmation of receiving the Order and accepting the Order for processing takes place by sending the appropriate message on the e-mail address of the Client given during placing the Order. The message includes at least the confirmation of all the significant elements of the Order, the statement of the Seller about receiving the Order and accepting it for processing. The Sales Agreement between the Client and the Seller is entered into in the moment of receiving the aforementioned message by the Client.
5. Processing of the Order is understood as transferring the package with the Com- modities to the forwarding company. Orders shall be processed within 3 working days from the moment of their confirmation, excluding the Orders with the extended delivery date.
6. Protecting and sharing the content of the Sales Agreement with the Client takes place by (1) making these Rules and Regulations available on the website of the online Shop, (2) sending the e-mail described in point 2.4.2. to the Client and by (3) attaching the proof of purchase to packages. The Sales Agreement is additionally protected in the IT system of the Online Shop of the Seller.
PAYMENTA Client can pay for their order in two ways:
1. By making a bank transfer – Orders will be processed once a relevant payment is registered on our account. Transfer amount is shown in the cart and in the e-mail sent to the Client after placing the order. The Client is required to insert the order ID in the title of the transfer. Lack of such information can provoke delays in processing the order.
2. By making an online payment – This method of payment takes place through Przelewy24 website. Choosing it, the Client is automatically redirected to Przelewy24 website. The website allows to pay by card or by an instant bank transfer. More information about this type o transaction as well as eventual help can be found on the Przelewy24.pl website.
DELIVERY COST, TIME AND METHOD
1. The Seller provides the following methods of delivery and shipping:
  1. Courier services.
  2. Services of PocztaPolska.
  3. InPost(self-service parcel pick-up stations) – the Client can collect the order in a box chosen while placing an order.
2. Shipping fees are indicated during placing an order. They depend on the delivery method chosen by a Client and they are as follows:
  1. courier services: PLN 21
  2. priority registered mail: PLN 7
  3. InPost, self-service parcel pick-up stations: PLN 10
3. Delivery time shall be 7 working days unless otherwise stated in the description of the Product or during placing an Order.
4. MyHarp suggests examining the technical state of the packaging, its mechanical damage, moisture. If the packaging has been damaged in a way that can influence the technical state of the instrument, we kindly ask you not to collect the Order and execute a damage protocolwhich a courier should have.
COMPLAINTS
1. Complaints arising from the nonconformity of a Product with the Sales Agreement:
  1. The basis and the scope of liability of the Seller to the Client who is a natural person who acquires the Product with the purpose not related to the professional or economic activity on account of nonconformity of a product with the Sales Agreement are specified in particular by the Act on specific terms and conditions of consumer sales and on the amendments of the Civil Code from 27 July 2002 (Journal of Laws, No. 141, item 1176 with further amendments).
  2. The Client shall inform about the nonconformity of a Product with the Sales Agreement and make an appropriate request by sending a message to the following e-mail address: kontakt@myharp.pl. If possible and necessary for the assessment of the noncon- formity of the Product with the Sales Agreement, the Product shall be returned to the following address: ul. Elfów 55/35; 43-100 Tychy.
  3. Complaints shall be processed within 14 days after the letter ofcomplaint and package were delivered to the Seller.The information in writing about the manner in which the complaint has been dealt with shall be sent to the address provided by the Client unless the Client shall propose a different means of communication.
  4. In case of Products under warranty, the Seller informs that warranty for the sold consumer goods shall not exclude, limit or suspend rights of the buyer being the result of the nonconformity of a product with the agreement.
  5. It is advised to include as much information as possible about the subject of complaint, in particular the type of the Product’s faultiness and the date of its occurrence and contact details – it will simplify and advance consideration of a complaint by the Provider of Servies.
2. Products offered in the Shop can be under warranty of a manufacturer or a distributor. Detailed warranty terms and conditions as well as its duration are given in the warranty card.
3. A physical defect of a Commodity means that there is a nonconformity of a product sold with the agreement so if a Commodity does not have features which it should possess according the agreement resulting from its intended use; does not have features of which the Seller has ensured the Client; is not suitable for purpose about which the Client has informed the Seller upon entering into the agreement and which was understood as the intended use of a Product by the Seller; a Commodity which was sold the Client had some parts missing.
4. A legal defect of a Commodity takes place when a Commodity belongs to a third party or is encumbered with third party rights, when the limitation of use or management of the Commodity is a decision of a competent body.
5. In case of a Consumer, the guarantee of the Seller is treated like a public guarantee of a manufacturer ofan entity which introduces the Commodity on a market in terms of its economic activity or which introduces itself as a manufacturer. The Seller shall not be held responsible if they did not know this guarantee and could not know it or if this guarantee could not influence the decision of a Consumer about entering into the Sales Agreement or when the content of this guarantee was amended before entering into a Sales Agreement.
6. It is the duty of the Seller to provide the Client with Commodities without defects. This does not concern defects which were indicated in the description of commodities sold at reduced prices and which were the reason for their Price reduction.
7. If a Commodity has a defect, the Client can demand a price reduction or can decide to withdraw from the agreement unless the Seller will immediately replace the damaged Commodity with the one without a defect or will repair it. This limitation is not binding if the Commodity has been replaced or repaired by the Seller before or if the Seller has not replaced the Commodity with the one without defect or repaired it.
8. A Client cannot withdraw from the agreement if a defect is insignificant.
9. If a complaint is justifiable, the Seller shall replace a Commodity with a defect with an undamaged one or repair it within 14 days after the complaint was filed by the Client. In case of a successful withdrawal from the agreement, the Seller shall reimburse the buyer the price equivalent to that paid for the product within 14 days after the Client’s withdrawal from the agreement with a stipulation that the reimbursement will not take place before the Seller receives the damaged Commodity or the Client provides the Seller with proof of dispatch of the Commodity.
10. The claim for repairing the damage or replacing the Commodity with the one without a defect expires after a year of the date of recognition of the defect. In case of a Consumer, a negative prescription period cannot come to an end earlier than two years after the date of recognition of the defect.
WITHDRAWAL FROM THE AGREEMENT – RETURNS
1. In accordance with the Act of 30 May 2014 on Consumer Rights, the Client may cancel the Sales Agreement concluded with the Shop without providing any reason but submitting the declaration of withdrawal from the agreement in writing within 14 days from the date of the receipt of the order by the Client. To keep 14 days time limit, it is enough for the Client to send the declaration before its expiration to the address: kontakt@myharp.pl
2. The Consumer shall return the commodity to the Seller within 14 days from the date of the withdrawal from the agreement. To keep 14 days time limit, it is enough for the Client to return the Commodity before its expiration to the address: ul. Elfów 55/35; 43-100 Tychy.
3. The Seller shall return all payments made by the Consumer within 14 days from receiving the declaration of withdrawal from the agreement. However, the reimbursement will not take place until the Seller receives the Commodity or the Consumer provides the Seller with the proof of dispatch.
4. The Seller shall return the payment using the same form of payment which was
  used by the Consumer.
5. The Consumer bears the costs of returning the commodity to the Seller.
6. The Consumer is held responsible for the reduced value of returned Commodities which is the result of using them in a way extending beyond necessary for recognizing their features and functioning. The Seller reserves the right to claim compensation from the Consumer to the extent allowed by the appropriate provisions of the Polish law.
7. The Consumer is not entitled to withdraw from the remote agreement in case of agreements:
  1. for services if the contractor provided the full service to the Consumer who agreed on it and was informed before the commencement of the service that after providing it they shall lose the right to withdraw from the agreement;
  2. in which the price of the remuneration depends on the fluctuations on the financial market which are not controlled by the contractor and which may occur before the period of time during which the Consumer may withdraw from the agreement;
  3. in which the subject of the service is a non-prefabricated product, produced according to the requirements of the Consumer or aiming to meet the Consumer’sindividual needs;
  4. in which the subject of the service is a product which has a short expiry date;
  5. in which the subject of the service is a product delivered in a sealed package which cannot be returned after being open due to reasons related to health protection or hygiene, if the package has been opened after delivery;
  6. in which the subject of the service are products, which after delivery shall be inseparably combined with other products;
  7. in which the subject of the service are alcoholic beverages whose price has been agreed upon while entering into the sales agreement and whose delivery may take place after 30 days and whose value depends on fluctuation on the market which are not controlled by a service provider;
  8. in which the Consumer requested that a service providercomes to the Consumer’s place of residence to make an urgent repair or conservation; if the service provider additionally provides other services from those requested by the Consumer or provides products different than spare parts indispensable to make a repair or a conservation, the Consumer is entitled to withdraw from the agreement also with regard to additional services or products;
  9. in which the subject of the service are sound and video recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
  10. to deliver journals, periodicals or magazines excluding a subscription agreement;
  11. entered into during a public auction;
  12. for services in terms of accommodation but other than those relating to residential purposes, transport of goods, car rental, gastronomy, services relating to recreation and entertainment and sport or cultural events if the day or the period of providing the service has been indicated in the agreement;
  13. to provide digital content which is not recorded on a recording medium if providing of a service has started after a clear approval of the Consumer before the period of time during which the Consumer may withdraw from the agreement and after informing the Consumer about losing the right to withdraw from the agreement.
FINAL PROVISIONS
1. Placement of the Order means accepting these Rules and Regulations.
2. The Seller reserves the right to amend the rules and regulations. The new set of rules and regulations shall come into force in the moment of its publication on the website of the Shop.
3. The following regulations come into force on 1September 2015.
4. Agreements concluded through the Online Shop are concluded in accordance with the Polish law and in Polish.
5. To all matters not settled herein the following provisions shall apply: Act of 18 July 2002, on Providing Services by Electronic Means (Journal of Laws, No. 144, item 1204 with further amendments); Act of 2 March 2000 on protection of certain rights of consumers and on liability for damages caused by a hazardous product(Journal of Laws, No. 141, item 1176 with further amendments) and other appropriate provisions of the Polish law.
6. Disputes arising between a Service Provider/Seller and a Service User/Client who at the same time is a Consumer shall be settled by competent common courts. Disputes arising between a Service Provider/Seller and a Service User/Client who is not a consumer at the same time shall be settled by a common court having jurisdiction over the seat of a Service Provider/Seller.

STATEMENT

Information on the webpage of the Online Shop are not an offer within the meaning of the Civil Code regulations, it is only an invitation to enter into a sale and purchase agreement.
MyHarp company will apply best efforts to ensure that information on the website is true and correct.
The online shop MyHarp reserves the right to change prices of products, introduce new products, withdraw products from the offer, change and cancel sales in any moment.
The online shop MyHarp shall not be responsible for events resulting from an intentional interference of third parties.

Information and materials on the MyHarp website unless the owner makes a written agreement to the contrary.