§1
GENERAL PROVISIONS

1. This Terms and Conditions document defines the rules for making purchases in the Madronucci online store - https://madronucci.com operated by FIRENZE Magdalena Florencka, ul. Kazimierza Srokowskiego 11e/1, 41-300 Dąbrowa Górnicza, NIP 6292409057, REGON 388253810.
2. Terms used in the regulations mean:
   1. Customer - a natural person (with full legal capacity) or legal entity who has made or intends to make a purchase in the Madronucci online store. The Customer may be either a consumer or an entrepreneur,
   2. Seller - FIRENZE Magdalena Florencka, ul. Kazimierza Srokowskiego 11e/1, 41-300 Dąbrowa Górnicza, NIP 6292409057, REGON 388253810
   3. Store - the online store maintained by the Seller at https://madronucci.com,
   4. Consumer - according to the Act of April 23, 1964, Civil Code - a User who, as a natural person, performs a legal act not directly related to their business or professional activity. For the purposes of these Terms and Conditions, a Consumer also includes sole proprietors entering into contracts not of a professional nature related to their business activity,
   5. User Account - an account in the Store assigned to a specific Customer, containing data provided during registration,
   6. - this document along with all attachments.
3. The Store offers retail sales of clothing and accessories via the internet. These products are available through the Store as finished goods.
4. Detailed information about the products is available on the website https://madronucci.com and may also be provided via email to the Seller's email address.
5. The Customer may contact the Seller by mail at: ul. Kazimierza Srokowskiego 11e/1, 41-300 Dąbrowa Górnicza or electronically at: [email protected].

§2
TERMS OF SERVICE USE

1. To place an order through the Store, the Customer must meet the following technical requirements:
   1. have a computer, laptop, or other device with internet access,
   2. have access to email,
   3. use a web browser (it is recommended to use the latest version),
   4. use a minimum screen resolution of 320 pixels,
   5. enable cookies in the browser.
2. The online store provides electronic services in the form of:
   1. registration and maintenance of a User Account,
   2. order form,
   3. newsletter,
   4. chat.
3. The Store does not charge any fees for providing the above services.
4. The above services are provided for an indefinite period. The Customer may cancel any service at any time without providing a reason by sending an appropriate email message to the Seller's email address. The Customer may withdraw from the service agreement within 14 days from the date of placing the order in the manner described above.

§3
CONTRACT CONCLUSION

1. The contract is concluded between the Seller and the Customer.
2. All prices listed on the Store's website are gross prices (including VAT) stated in Polish zloty. Product prices do not include shipping costs.
3. The Store offers original premium brand products, especially clothing, footwear, and accessories (for women, men, and children). The Seller makes every effort to ensure that the products sold are thoroughly described. The product page usually includes the product name, photo, price, size information, brand, material composition, and other useful details, as well as actual product dimensions.
4. Orders may be placed via the Store's website using the Order Form (without registration) or through a User Account. The Seller does not conduct sales via telephone, social media, or email.
5. To make a purchase, the Customer selects the desired products in the Store by clicking the "Add to cart" button. After selecting products, the Customer proceeds to the section where they choose the delivery method and payment option.
6. Next, the Customer clicks the "Order and pay" button, which redirects them to a page containing information about the order. This includes: the main features of the ordered goods, the total price including taxes and delivery charges, and the Customer's data provided in the order form.
7. To place the order, the Customer must confirm the order by clicking the "Order and pay" button located below the order summary.
8. Clicking the "Order and pay" button is equivalent to the Customer's acknowledgment of placing an order that entails an obligation to pay.
9. The sales contract is concluded at the moment the Customer confirms the order by clicking the "Order and pay" button.
10. After the Customer places the order, the Seller sends an email confirming the order for processing, including details such as: the main features of the ordered goods, order fulfillment date, total price including taxes and delivery charges, and the Customer's personal data provided in the order form.
11. The recording, securing, and sharing of the contract content is carried out through:
    1. making these Terms and Conditions available on the Store's website,
    2. recording the contract content in the Store's IT system.
12. The Seller reserves the right to refuse to process an order under the sales contract if the Customer's contact details are false.

§4
PAYMENT TERMS AND METHODS

1. The website provides the following payment methods for orders:
   1. via an external payment provider (prepayment),
   2. cash to the delivery provider upon receipt of the ordered products (cash on delivery),
   3. payment upon personal collection.
2. The Customer is obliged to make the payment within 2 business days from the date of purchase.
3. Electronic payments are processed via imoje.pl and Twisto. The currently available payment methods are listed on the websites http://www.imoje.pl and http://www.twisto.pl.
4. Imoje payments are provided by ING Bank Śląski S.A., ul. Sokolska 34, 40-086 Katowice, registered in the Register of Entrepreneurs at the District Court Katowice - East, 8th Commercial Division of the National Court Register under KRS number 0000005459, with fully paid share capital of PLN 130,100,000.00, NIP: 634-013-54-75, REGON: 271514909.
5. Twisto payments are provided by Twisto Polska Sp. z o.o., headquartered in Warsaw at ul. Puławska 2, postal code: 02-566 Warsaw, registered in the Register of Entrepreneurs by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0000689624, NIP: 9512442875, REGON: 367977970, with share capital of PLN 1,000,000.
6. If a refund is required for a transaction made by the Customer, the Seller will issue the refund using the same payment method used by the Customer.

§5
DELIVERY METHODS AND COSTS

1. The Customer bears the delivery costs of the ordered products to the destination address.
2. Products are delivered to the specified address within the territory of the Republic of Poland. Delivery charges are provided on the Website and in the email confirming the order.
3. The Seller offers the following delivery methods:
   1. courier delivery via DHL,
   2. courier delivery via InPost,
   3. parcel lockers via InPost,
   4. personal collection.
4. The order fulfillment time is up to 3 business days from the moment the payment for the ordered goods is credited to the Seller's account (or, in the case of card payment, from the moment of successful payment authorization). In special cases, this period may be extended, and the Seller will promptly inform the Customer.

§6
RIGHT OF WITHDRAWAL

1. The provisions in this paragraph apply exclusively to Customers who are Consumers.
2. The Consumer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of receiving the shipment or personal collection of the goods, without providing a reason.
3. The Customer may submit a withdrawal statement using the withdrawal form located at the end of the Terms and Conditions, either by mail to: ul. Piłsudskiego 13, 41-300 Dąbrowa Górnicza, or via email to: [email protected].
4. Submitting a withdrawal statement without using the form does not affect the effectiveness of the withdrawal. To be effective, the statement must be sent before the deadline.
5. The Seller promptly confirms receipt of the withdrawal statement via email (to the address provided when placing the order).
6. The Consumer should return the purchased products within 14 days from the date of sending the withdrawal statement to the Seller's address.
7. Upon sending the withdrawal statement, the contract is considered not concluded.
8. The Consumer bears the direct costs of returning the purchased products.
9. The Consumer is liable for any reduction in the value of the goods resulting from using them in a way that exceeds what is necessary to determine their nature, characteristics, and functioning, such as cleaning costs, part repairs, or removal of tags. To determine the nature, characteristics, and functioning of the goods, the Consumer should handle and inspect them only as they would in a physical store.
10. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receiving the Consumer's withdrawal statement, refund all payments made by the Consumer, including delivery costs (excluding additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery offered by the Store). The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer explicitly agrees to a different refund method.
11. The Seller may withhold the refund until the Product is returned or the Consumer provides proof of its return.
12. The right of withdrawal does not apply to contracts:
    1. where the subject of the service is a sealed item that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery,
    2. for the provision of services, if the entrepreneur has fully performed the service with the Consumer's explicit consent, who was informed before the service began that after its completion, they would lose the right to withdraw from the contract.

§7
PRODUCT COMPLAINT (WARRANTY FOR DEFECTS)

1. The Seller is obliged to deliver products free from physical and legal defects.
2. The Seller's liability for physical or legal defects expires two years from the date of product delivery. Before this period expires, the consumer may notify the Seller of a defect by sending an appropriate email to: [email protected] or by mail to: ul. Piłsudskiego 13, 41-300 Dąbrowa Górnicza.
3. The Consumer is not bound by the above methods of submitting a complaint. They may submit a complaint in any manner, provided a durable medium is used.
4. The complaint should include:
   1. full name or company name of the buyer,
   2. residential or business address for correspondence,
   3. proof of product purchase (e.g. order confirmation, invoice, bank transfer confirmation, etc.),
   4. precise identification of the product being complained about,
   5. description of the defect indicating non-compliance with the contract and the date it occurred,
   6. the complainant's request (withdrawal from the contract, price reduction, product replacement, defect removal),
   7. date of submission and signature of the complainant.
5. The Seller confirms receipt of the complaint and requests the Consumer to promptly deliver the defective product to the Seller (at ul. Piłsudskiego 13, 41-300 Dąbrowa Górnicza) in order to respond to the complaint.
6. If the complaint is not accepted, the product will be returned along with a statement explaining the rejection.
7. If the Seller does not respond to the Consumer's complaint within 14 calendar days from the date of its submission, it is assumed that the complaint and the Consumer's request have been accepted.

§8
CONTRACTS CONCLUDED WITH ENTREPRENEURS ORDERING FOR PROFESSIONAL PURPOSES

1. The provisions of this paragraph apply exclusively to contracts concluded with Customers who are entrepreneurs placing orders for professional purposes.
2. Placing an order on behalf of a legal entity or an organizational unit without legal personality is equivalent to a declaration that the person placing the order is authorized to represent the entity. Placing an order without proper authorization will result in the person placing the order being liable for any damages arising from this fact.
3. The entrepreneur is obliged to inspect the shipment delivered by the carrier in the manner customary for such goods, and in the event of any shortage or damage, must take all necessary steps to determine the carrier's liability.
4. The entrepreneur loses warranty rights if they fail to inspect the goods in a timely and appropriate manner and do not immediately notify the Seller of the defect, or if the defect becomes apparent later, if they do not notify the Seller immediately after discovering it.
5. The Seller reserves the right to terminate the contract concluded with the entrepreneur within 14 days from the date of its conclusion without providing reasons.
6. Any disputes arising from the performance of the contract between the Seller and the Entrepreneur shall be resolved by the court competent for the Seller's registered office.

§9
OUT-OF-COURT DISPUTE RESOLUTION METHODS

1. To resolve a dispute arising from purchases made in the Store, the Consumer may seek assistance from the following institutions before filing a case in a common court:
   1. use the permanent consumer arbitration court referred to in the Act of December 15, 2000 on Trade Inspection by submitting an application to resolve a dispute arising from a sales contract,
   2. contact the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute,
   3. seek assistance from a district or municipal consumer ombudsman or a social organization whose purpose is to protect consumer rights.
2. Detailed information on the possibilities for the Consumer to use out-of-court dispute resolution methods and the availability of procedures is available at the offices and websites of institutions such as the Trade Inspection, district (municipal) consumer ombudsmen, social organizations involved in consumer rights protection, and the Office of Competition and Consumer Protection.
3. At http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website that serves as a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts.

§10
FINAL PROVISIONS

1. The Seller reserves the right to amend these Terms and Conditions due to changes in applicable law or changes in the method of concluding and performing contracts. These changes will not affect orders and contracts that have already been placed, processed, or completed.
2. In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply, in particular the Act of April 23, 1964 Civil Code and the Act of May 30, 2014 on Consumer Rights.
3. These Terms and Conditions are effective as of 06-08-2021.

WITHDRAWAL FORM