Terms and Conditions

The www.manifiqandco.com online shop is a platform operated by Konrad Duś representing the company trading under the name of Manifiq Konrad Duś with its registered seat in Warsaw, ul. Bracka 20A/lokal usługowy, EU VAT ID PL5213491421, Polish company number REGON 145156994, a company registered in the Polish Central Register and Information on Economic Activity (CEIDG) operated by the Minister of Economic Development.

The designs featured on the www.manifiqandco.com website are authored by Katarzyna Bachanek-Duś.

DEFINITIONS:

E-Shop – the web platform the Company has the right to use, available at www.manifiq.pl that allows Users (you) to place orders.

Order form – the web page available on the www.manifiqandco.com website allowing a User (you) to transmit their necessary contact details, define the key parameters of the merchandise they order and place an order. By filling out the order form you agree to observe these Terms and Conditions.

Company – Konrad Duś representing the company trading under the name of Manifiq Konrad Duś with its registered seat in Warsaw, ul. Bracka 20A/lokal usługowy, EU VAT ID PL5213491421, Polish company number REGON 145156994, a company registered in the Polish Central Register and Information on Economic Activity (CEIDG) operated by the Minister of Economic Development.

Terms and Conditions– means these Terms and Conditions with all the attachments.

Product page – an E-Shop page featuring the information about a product.

User (you) – a natural or legal person or an organisational entity having no legal personality, granted a legal personality by the Polish laws, having full legal capacity, using the E-Shop, performing or intending to perform a purchase at the E-Shop.

§ 1 Order fulfilment terms and conditions

1. You may place orders 7 (seven) days a week 24 (twenty-four) hours a day via the www.manifiq.pl website. While we use all reasonable endeavours to make sure that our E-Shop is available 24 hours a day, 365 days of the year, we cannot guarantee that your access will be uninterrupted or error free. Access may be unavailable temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.

2. In the Order Form you shall provide:

a) your name, surname, contact phone number,

b) the products you are ordering, their colours, sizes and quantities,

c) shipping address and/or the invoicing data,

d) the e-mail address to which we will send your order confirmation message.

3. The ordering process steps:

a) you fill out and send the Order Form,

b) you receive the information necessary to make the payment,

c) you make the payment.

d) you receive our confirmation that your payment was credited to our bank account, and we have accepted your order for delivery.

In the case you have made payment by a traditional bank transfer and it will not be credited to the bank account of Manifiq within 5 days following the submission of your order, your order will be automatically cancelled.

e) you receive our confirmation that we have shipped the product to you.

4. We will send your ordered product(s) to the address you have provided as the shipping address in the order.

5. If we are unable to deliver your order, we will inform you about the circumstances by an e-mail sent to the e-mail address you have provided.

6. In the event the delivery of part of the order will not be possible, we may offer you:

a) the option of cancelling the complete order (if you chose so, we will be released from our obligation to deliver the order , we return your payment in 7 days ),

b) the option to cancel the order in part that cannot be shipped within the defined deadline (if you chose so, the order will be shipped in part, whereas we will be released from our obligation to deliver concerning the remaining part) we return payment of missing products in 7 days,

c) the option to split the order and define a new shipment date for the part of the order that cannot be shipped in the initially defined deadline (if you select this option we will ship the products constituting you order in several parcels, and we will not charge you any additional cost of splitting the order into multiple shipments).

Selecting one of the options under section 6 a-c is up to you; however you should inform us about the choice you have made.

§ 2 Product prices

1. We display the information about the products on the E-Shop pages, and we sell these products online.

2. The prices on the E-Shop page are displayed next to products and:

a) include the VAT and are stated in Polish zlotys (PLN) or in Euros (EUR)

b) do not include the cost of shipment that you have to add to them.

3. The final and binding price of a product is the one displayed on the E-Shop page plus the cost of shipment.

4. The information about the cost of shipment is displayed in your shopping cart.

5. We reserve the right to change product prices at any time and conduct and cancel all kinds of promotional campaigns and sales. However, this shall have no effect on orders placed before the effective date of price change or change of terms and conditions of a promotional campaign or sale.

6. Promotions at the E-Shop cannot be combined unless the terms and conditions of a specific promotion provide for otherwise.

§ 3 Changing you order

1. You may make changes to your order until the moment you make the payment, and we accept the order for delivery. Changes may include cancelling all or part of the products in an order, change of shipping address or invoicing data.

2. You can make the changes by sending an e-mail to sklep@manifiq.pl

§ 4 Forms of payment and commencement of order delivery

You can make the payment by a bank transfer to our company account.
(The moment our bank account will be credited, we will commence the order delivery process.)
Paypal - operating a worldwide online payments system that supports online money transfers.

§ 5 Order shipment time

1. We may provide on the shopping cart the information about the number of business days, i.e. Monday through Friday except for statutory holidays in Poland, within which we will send the parcel with your order. The above information presents the indicative time between when we accept the order and when we send the parcel to you. The order shipment time is provided taking into account the time needed to pick all the ordered products.

2. You order will be shipped via UPS, DHL or the Polish Post to the address you have indicated in your order.

§ 6 Complaints

1. You may submit complaints during the 2 (two) years following the date of receipt of the ordered goods if within one month of the day you have discovered that the product delivered does not conform with the sales contract you will notify us about the discovered nonconformity.

2. Within 14 (fourteen) days we will process your complaint and inform you about the further procedure.

3. To have your complaint reviewed you should deliver the product(s) subject to your complaint to us at our expense.

4. Please send the product subject to the complaint to our postal address by the Polish Post (economy parcel). We will refund you the shipment cost in this case.

5. If we accept your complaint, we will repair or replace your product with one free from defects and if a replacement will not be possible, we will refund the price of the product within 14 (fourteen) days of reviewing your complaint.

6. We will cover the cost of shipment of the replacement product.

§7 Changing your mind

1. You may cancel your order if the products it includes have not yet been sent, by sending an e-mail to sklep@manifiq.pl

2. You have the right, under consumer laws, to a “cooling off” period of 14 (fourteen) days from the date you receive your products, during which time you can change your mind and receive a refund.

3. Under the consumer laws referred to in item 2 above you may return the purchased products on terms and conditions described in this paragraph, if within 14 (fourteen) days from the date you receive your products you will send back the products purchased accompanied by a filled out Return Form that was included in the parcel.

4. Please send the returned products accompanied by a proof of purchase and filled out Return Form (that you have received in the parcel with the Product(s)) to our address: Manifiq&Co. Konrad Duś, ulica Bracka 20A/lokal usługowy, 00-028 Warszawa, Poland.

5. The retuned product may not have labels or protective clip removed and should be in a prefect, unused condition.

§ 8 Refunds

1. We will initiate a refund within 14 calendar days in the case of:

a) an ordered product return (change of mind),
b) an acceptance of a complaint and no possibility to repair the defective product or replace it with a new one.

2. The refund will be made in the same way as the payment was made, after the return is accepted, within 14 days following the receipt of the parcel by us.

3. We will not make refunds directly to you if you have made the payment using someone else’s bank account. In the case of occurrence of one of the premises for refund referred to in item 1 above the refund will be made to that bank account.

§ 9 Personal data

1. By placing an order with the E-Shop you consent to our processing of your personal data:

a) name, surname, address, e-mail address, telephone number if you are a natural person

or

b) name, surname, address, e-mail address, telephone number, VAT ID number, business contact details in case of sole traders or legal persons

for the purpose of delivery of your orders placed with the E-Shop.

2. We (the Company) are the controller of your personal data.

3. The personal data is protected according to the Polish Act of 29 August 1997 on personal data protection (consolidated text published in the Polish Journal of Laws of 2002, No 101 item 926, with subsequent amendments) in a way preventing access by third parties.

4. The data controller shall not be liable if you provide untrue personal data.

§ 10 Loyalty card

1. A customer who spends at least 4 thousand during 6 months with us may apply for a loyalty card granting a 10% discount on purchases online at www.manifiq.pl and in our flagship boutique in Warsaw at ul. Bracka 20A.

2. To obtain your loyalty card contact us by e-mail at sklep@manifiq.pl, so we can check how much you have spent with us. If you made your purchases at our flagship brand boutique at ul. Bracka 20A in Warsaw, please present at the boutique the sales receipts from the last six months.

3. To benefit from your loyalty card discount for online purchases you need to set up a user account on www.manifiq.pl.

4. In the case of loss of the loyalty card you shall inform us to that effect by e-mail to sklep@manifiq.pl or by telephone.

5. We reserve the right to deactivate the loyalty card in the following circumstances:

a) use of the card by a person other than it was issued to.

b) card theft or loss notification.

c) breach of the terms and conditions of use published on www.manifiq.pl.

§ 11 Final provisions

Product information displayed on the pages of the E-Shop does not constitute a legally binding commercial offer and is for informational purposes only.

2. Availability of information about product(s) on the E-Shop pages does not mean the product(s) availability in stock or ability to deliver an order, each and every time you will be informed about specific product(s) unavailability prior to submitting your order.

3. All matters not dealt with by these terms and conditions shall be governed by the provisions of Polish Law, in particular the Civil Code and the on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws No 141 of 2002, item 1176 with subsequent amendments) and the Act on the Protection of Certain Consumer. Rights and on the Liability for Damage Caused by a Dangerous Product (Journal of Laws No 22 of 2000, item 271 with subsequent amendments).

4. All product names used on the E-Shop pages are used for identification purposes and may be protected and reserved subject to the provisions of the Act on Industrial Property Law (Polish Journal of Laws No 119 of 2003, item 1117 with subsequent amendments).

5. These terms and conditions are effective as of 10.06.2014.

6. We reserve the rights to modify these terms and conditions for important reasons listed in §11.7 . The amended terms and conditions shall become effective as of the date we shall indicate, however, not before the expiry of 14 days following their publication on the www.manifiq.pl website. Orders placed before the effective date of the amended terms and conditions shall be delivered according to the terms and conditions in force as on the date they were placed.

7. The important reasons for which we may change the terms and conditions as specified in § 11.7 are:

a) changes in the general laws in force and the requirement to adapt the provisions of the Terms and Conditions to the current legal regulations

b) our decision to discontinue the shipments of ordered products via one or more distribution channels

c) our decision to introduce a new distribution channel for the ordered products

d) change in our contact details necessitating an update of the definitions of terms used in the Terms and Conditions,

discontinuation, change or introduction of a new method of payment for products

e) change of our e-mail contact addresses

f) introduction of the possibility to entrust personal data processing to an entity other than us with user consent .

8. A change to the Terms and Conditions for one of the reasons listed in §11.7 herein shall take place in the scope the reason necessitates a change to the Terms and Conditions and becomes effective on the date it is announced in the E-Shop. All matters in progress shall be subject to the Terms and Conditions applicable as on the date these matters commenced.

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