TERMS & CONDITIONS - MARIAFOLTA.COM
GENERAL STATEMENTS
  1. The Seller provides Services in accordance with the Terms of Service and applicable law.
  2. Services are provided via the Store's website 24 hours a day, 7 days a week.
  3. The Seller makes these Terms of Service available on the Store's website and may include them in emails containing statements of acceptance of Customers' offers. Customers can, at any time, access the Terms of Service, record, obtain, and reproduce them by printing or saving them to a data storage device.
  4. The information provided on the Store's website does not constitute an offer by the Seller within the meaning of Article 66 of the Civil Code but rather an invitation for Customers to submit offers to conclude a contract, in accordance with Article 71 of the Civil Code.
  5. To use the Store, the Customer must have an IT device with internet access, a correctly configured web browser in the current or previous version of Microsoft Edge, Mozilla Firefox, Google Chrome, Safari, or Opera with JavaScript enabled, and an active and properly configured email account.
  6. Using the Store may involve the Customer incurring costs for internet access and data transmission, as specified in the agreement with their telecommunications operator.
BASIC FUNCTIONALITIES OF THE STORE
  1. The Seller provides the following basic functionalities of the Store to Customers:
    1. providing a contact form
    2. item recommendation
    3. printing a promotional offer of the product
    4. sharing a promotional offer of the product on social media
    5. recommendation of store resources
  2. To use the contact form functionality, you need to fill in its mandatory fields, enter the desired content, and then send the message to the Seller. The Seller will respond promptly using the Store's functionality, by phone, or electronically, via email.
  3. To recommend a product to third parties, you should use the product recommendation functionality. This involves using the provided product recommendation form to send a message about the product to a third party specified by the Customer.
  4. To print a promotional offer of a product, you should use the product's promotional offer printing functionality. To utilize this feature, you need to have a connected and correctly configured printer.
  5. To utilize the functionality of sharing a promotional offer of a product on social media, you should use the social media buttons associated with those platforms, typically located in the area of the product's promotional offer. To use this functionality, you need to have a user account on the selected social media platforms.
  6. To utilize the functionality of recommending store resources on social media, you should use the social media buttons associated with those platforms, typically located in the area of the store resources. To use this functionality, you need to have a user account on the selected social media platforms.
  7. The Seller reserves the right to temporarily disable or introduce new functionalities.
ORDERS PLACED THROUGH THE STORE
  1. Orders for Goods can be placed through the Store's website 7 days a week, 24 hours a day, using the Cart functionality. After completing the order list in the Cart area, the Customer proceeds to order fulfillment.
  2. After completing the list of ordered items in the Cart, the Customer selects the delivery and payment method.
  3. During the order placement, the Customer enters or selects:
    1. their identification and contact details,
    2. their address details for delivery of the Goods,
    3. billing information.
  4. Before placing the order, the Customer receives, displayed in the Cart area, information about the total price for the order including taxes and related costs, especially delivery and payment costs.
  5. Placing the order can be done by using the appropriate button in the Cart, and it constitutes the Customer's submission of an offer to the Seller to enter into a sales contract for the Goods included in the order.
  6. Before submitting the order form, by checking the appropriate checkbox, the Customer should declare that they have read the Terms and Conditions and accept its provisions.
  7. The placed order can be changed by the Customer until they receive information from the Seller about the shipment of the Goods.
  8. Changes to the order may include canceling it entirely, canceling part of it, adding additional items, or changing the delivery address.
  9. The Seller will promptly inform the Customer of the inability to accept the order if circumstances arise that prevent it. This information will be provided via telephone or electronically. The information may involve rejecting the offer entirely or include the following proposals for modifying the order:
    1. partial rejection of the offer that cannot be fulfilled, resulting in a recalculation of the order value,
    2. splitting the Goods subject to delivery into parts: one part that can be delivered immediately and another part that will be delivered at a later date, without recalculating the order value.
  10. Acceptance of the Customer's offer by the Seller, with the reservation of changes as specified above, is considered a new offer requiring acceptance by the Customer to conclude a sales agreement.
  11. The Seller confirms acceptance of the order by promptly sending an email. This email contains the agreed terms of the sales contract and the data entered by the Customer in the order form, allowing errors to be identified. If any errors are found, the Customer can notify the Seller by email, specifying the correct information.
  12. Confirmation of order acceptance is equivalent to the Seller accepting the offer to conclude a sales contract submitted by the Customer.
SALES
  1. The Seller provides Customers with the service of distance selling of goods.
  2. The subject of the sales contract includes the Seller's obligation to transfer ownership of the goods to the Customer and deliver them, as well as the Customer's obligation to accept the goods and pay the Seller the price of the goods.
  3. The Seller reserves the right to conduct promotional campaigns, including, in particular, reducing the price of goods or services for a specified period or until stocks of promotional goods are exhausted.
  4. By entering into a sales agreement, the Seller undertakes to deliver the Goods to the Customer free from defects.
  5. The sales agreement is concluded at the moment when the Seller confirms acceptance of the Customer's order.
  6. The Goods are delivered within the timeframe specified in the product description.
  7. The delivery time of the Goods may change if the Customer modifies their order.
  8. The order fulfillment time is up to 4 business days (excluding orders for goods made to individual customer specifications, which have a fulfillment time of up to 30 business days). The order fulfillment time starts from the moment the Seller receives payment for the ordered goods.
  9. The delivery of goods takes place:
    1. if the Customer chooses the delivery option via Carrier, on business days to the address provided by the Customer.
    2. if the Customer chooses the delivery option to a Parcel Locker via Carrier, on business days to the Parcel Locker selected by the Customer.
    3. if the Customer chooses to personally pick up the Goods, at the Store's premises on business days between 9:00 AM and 5:00 PM.
  10. Detailed information regarding available delivery methods, carriers, and associated costs is published on the Store's website, and the Customer is informed about them during the order placement process.
  11. The Goods are released no earlier than after payment has been made by the Customer.
  12. Confirmation of the release of Goods to the Carrier for delivery can be made by sending an email to the Customer's email address.
  13. The risk of accidental loss or damage of the item passes to the Consumer upon its delivery to the Consumer.
  14. If the Customer chooses the delivery option via Carrier, it is recommended that the delivered shipment be inspected by the Customer in the presence of the Carrier.
  15. If damage to the shipment is found, the Customer has the right to demand that the Carrier prepare the appropriate protocol.
PAYMENTS
  1. The payment amount for the sale is determined based on the price list of the Goods displayed on the Seller's website at the time of ordering the Goods.
  2. Prices listed on the Store's website for each item are gross prices and include VAT, but do not include the costs of delivering the Goods and the chosen payment method.
  3. The costs of the transaction and delivery of the Goods are borne by the Customer.
  4. The total order price, visible in the Cart area before placing the order and after selecting the delivery method and payment, includes the price for the ordered Goods along with applicable taxes and any associated costs, particularly delivery and transaction costs.
  5. The total order price is binding for both the Seller and the Customer.
  6. The Seller provides the following payment methods:
    1. cash on delivery upon personal pickup at the physical store location
    2. by using the external PayPal payment system, operated by PayPal S.à r.l. et Cie, S.C.A. headquartered in Luxembourg.
    3. by using the external Przelewy24 payment system, operated by DialCom24 Sp. z o.o. located in Poznań (60-327) at ul. Kanclerska 15, registered in the National Court Register under KRS number: 0000306513, VAT number: 7811733852, and REGON number: 634509164.
  7. The payment term is due at the moment of Goods delivery.
  8. The Customer is obligated to make the payment:
    1. at the time of Goods delivery - if the payment method chosen is cash on delivery,
    2. at the time of placing the order - if the payment method chosen is using an external payment system.
  9. The Seller refunds the payment promptly, no later than within 14 days from the date of the cause arising, in the event of:
    1. the Consumer withdrawing from the contract
    2. the Customer canceling the order or part of the order paid for before fulfillment
    3. the Seller acknowledging the claim covered by the complaint in whole or in part, based on applicable regulations.
  10. The refund is made using the same payment method that was used by the Customer in the original transaction, unless the Customer agrees to a different solution that does not incur any additional costs for them.
  11. The Seller is not obligated to refund any additional delivery costs incurred by the Customer if the Customer chose a delivery method other than the least expensive standard delivery method offered by the Seller.
COMPLAINTS
  1. Complaints can be filed under the warranty for defects.
  2. A complaint can be submitted by letter or email to the Seller's postal or electronic address. It can be made using a form, a sample of which is attached to the Terms and Conditions, but this is not mandatory.
  3. In the content of the complaint, it is recommended to include:
    1. the Consumer's contact details, which will be used to respond to the complaint and conduct related correspondence,
    2. bank account number of the Consumer, which will be used for refunding the funds
    3. description of the issue and Consumer's identification data.
  4. If the complaint under the warranty concerns a Product, in order for the Seller to consider the complaint, the Consumer is obliged to deliver or send the complained Product to the Seller's address at their own expense. If, due to the nature of the Product or the method of its installation, delivering the Product would be excessively difficult, the Consumer is obliged to make the Product available to the Seller at the location where the Product is located.
  5. The Seller will process complaints within 14 days from the date of notification.
  6. The Seller will inform the Consumer about the resolution of the complaint via electronic means or by regular mail, depending on the Consumer's preference or the method used by the Consumer to file the complaint.
  7. In the event that a warranty claim concerns Goods which, following the claim's recognition, are to be sent to the Consumer, the Seller will deliver or send the Goods to the Consumer's address.
  8. The refund of money in connection with a complaint will be made using a bank transfer or postal order, according to the Consumer's preference.
  9. The application of warranty law is excluded in relation to customers who are not consumers.
OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS ENFORCEMENT
  1. Consumer has the option to use the following out-of-court methods of handling complaints and pursuing claims:
    1. Filing an application for resolution of a dispute arising from the concluded Sales Agreement to a permanent consumer arbitration court operating at the Trade Inspection, whose address can be determined using the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    2. Submitting a request to initiate mediation proceedings for amicable settlement of disputes between the Consumer and the Seller to the voivodeship inspector of the Trade Inspection, whose address can be determined based on jurisdiction through the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    3. Seeking assistance from the county or municipal consumer advocate or a social organization whose statutory tasks include consumer protection.
    4. Submitting a complaint via the European Union's online dispute resolution platform (ODR), available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
  2. Detailed information about the procedures for out-of-court methods of handling complaints and pursuing claims, as well as the rules for accessing these procedures, can be found at the offices and on the websites of the entities listed in point 1.
  3. The list of entities and institutions that perform tasks related to out-of-court consumer dispute resolution, along with detailed information on this subject, can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.
WITHDRAWAL FROM THE CONTRACT
  1. The provisions contained in this article regarding the right of Consumers to withdraw from the contract apply to a natural person entering into a contract directly related to their business activity, provided that the content of this contract indicates that it does not have a professional character for this person, particularly resulting from the subject of their business activity, as made available under the regulations on the Central Registration and Information on Business.
  2. The Consumer may withdraw from the contract, including the Sales contract, within 14 days without providing any reason, subject to the terms specified in the withdrawal instruction, which is an annex to the Regulations.
  3. The Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration can be made using the form, a template of which is an annex to the Regulations.
  4. Without delay, but no later than 14 days from the day on which the Consumer withdrew from the contract, they are obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller. To meet the deadline, it is sufficient to send the Goods back before it expires. This provision does not apply if the Seller has offered to collect the Goods themselves.
  5. The Consumer is liable for any reduction in the value of the Goods resulting from their use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
  6. In the event of withdrawal from the contract, it is considered null and void. If the Consumer submits a declaration of withdrawal before the Seller has accepted their offer, the offer ceases to be binding.
PROCESSING OF DATA AND COOKIES
  1. Information on the principles of personal data processing by the Seller can be found in the Store's Privacy and Cookie Policy.
  2. Information about the cookies used can be found in the Store's Privacy and Cookie Policy.
FINAL PROVISIONS
  1. The meaning of terms written with a capital letter is consistent with the explanations provided in the section describing the definitions used in the Terms and Conditions.
  2. The Seller is not responsible for:
    1. interruptions in the proper functioning of the Store and improper provision of Services caused by force majeure, in relation to Clients who are not Consumers,
    2. pinterruptions in the proper functioning of the Store and improper performance of Services for Clients who are not Consumers, caused by technical activities or reasons on the part of entities through which the Seller provides Services,
    3. benefits lost by Clients who are not Consumers.
    4. In the event of the inability to amicably resolve a dispute between the Seller and a Client who is not a Consumer or a Consumer not residing in the territory of the Republic of Poland, if the law of their country allows such possibility, the court competent for the Seller's seat shall be deemed competent for its resolution.
    5. In relation to Clients who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, if their national laws allow such a possibility, the law applicable to the performance of the contract concluded with the Seller and the resolution of disputes related to it shall be the law of the Republic of Poland.
    6. The provisions of the Terms and Conditions are not intended to exclude or limit the rights of a Client who is a Consumer, arising from the provisions of local law generally applicable.
    7. In relation to contracts concluded with the Seller, if the Terms and Conditions are inconsistent with the provisions of generally applicable law in the Consumer's country, those provisions shall apply.
    8. If any provisions of the Terms and Conditions prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions of the Terms and Conditions. Instead of the invalid or ineffective provisions, a norm shall apply that corresponds to what the parties would have agreed upon or what they would have agreed upon if they had included such a provision in the Terms and Conditions.
DEFINITIONS USED IN THE TERMS AND CONDITIONS

Business Days: The days of the week from Monday to Friday, excluding public holidays.

Delivery: The process of delivering Goods to the Client at the destination specified by them, carried out through a Carrier.

Client: A natural person, provided they have full legal capacity, or limited legal capacity in cases regulated by generally applicable law, or with the consent of a legal representative. It also includes a legal person or an organizational unit without legal personality, to which generally applicable law grants legal capacity, who enters into a Service agreement with the Seller.

Client Account: A panel allowing the management of the Client's orders through the Store, provided they register and log in.

Consumer: A Client who is a natural person and enters into an agreement for a purpose not directly related to their business or professional activity.

Cart: A functionality of the Store that allows the Client to compile orders for Goods.

Parcel Locker: An automatic locker or postal terminal used for receiving parcels with Goods.

Carrier: An entity providing Goods Delivery services in cooperation with the Seller.

Terms and Conditions: These contractual conditions, which govern the provision of Services by the Seller to Clients via the Store, electronically.

Store: The shop operated by the Seller through the website accessible on the Internet at the URL: www.marfiafolta.com.

Seller: Maria Folta, conducting business under the name HOOLI Maria Folta-Szopińska, based in Warsaw at ul. Sarmacka 6/14B, registered in the Central Registration and Information on Business conducted by the Minister of Entrepreneurship and Technology, under NIP 792-201-93-13 and REGON 361847337, being the service provider, administrator, and owner of the Store. The Seller can be contacted at phone number: +48 500 170 627 and via email: shop@mariafolta.com.

Sale: The Goods sales Service provided by the Seller to the Client, which entails the Seller's obligation to transfer ownership of the Goods to the Client and deliver them, and the Client's obligation to receive the Goods and pay the Seller the specified price.

Goods: An item presented in the Store by the Seller for Sale.

Service: The service provided by the Seller to the Client, based on an agreement concluded between the parties through the Store. The conclusion of the agreement takes place within an organized system for concluding distance contracts, without the simultaneous physical presence of the parties.

INFORMATION REGARDING THE RIGHT TO WITHDRAW FROM THE CONTRACT
INSTRUCTION ON WITHDRAWAL FROM THE CONTRACT

The provisions contained in this instruction regarding the right to withdraw from the contract by Consumers apply to a natural person entering into a contract directly related to their business activity, where it follows from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity, as made available on the basis of the regulations on the Central Registration and Information on Business.

As a Consumer, you have the right to withdraw from a contract concluded in our Store within 14 days without giving any reason, subject to the cases indicated in the section "exclusion of the right to withdraw from the contract." The withdrawal period expires after 14 days from the day:

  • on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods - in the case of a contract for the transfer of ownership of goods (e.g., sales contract, delivery contract, or work contract that is a movable thing),
  • on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good - in the case of a contract for the transfer of ownership of multiple goods that are delivered separately,
  • on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last batch or piece - in the case of a contract for the transfer of ownership of goods delivered in batches or pieces,
  • on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good - in the case of contracts for regular delivery of goods over a specified period,
  • of the conclusion of the contract - in the case of service contracts.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right to withdraw before the withdrawal period has expired.

To exercise the right of withdrawal, you must inform us: HOOLI Maria Folta-Szopińska, 02-972 Warsaw, ul. Sarmacka 6/14B, email: shop@mariafolta.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email).

When withdrawing from the contract, you may use the model withdrawal form, but it is not obligatory. The model form is attached to the terms and conditions of electronic service provision within the Store.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

In the event of withdrawal from this contract, we will reimburse all payments received from you, including the costs of delivery (except for additional costs resulting from your chosen method of delivery other than the least expensive standard delivery method offered by us), promptly and in any case no later than 14 days from the day on which we were informed of your decision to exercise the right of withdrawal from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

If you have received goods in connection with the contract, please send back or hand over the goods to us at HOOLI Maria Folta-Szopińska, 02-972 Warsaw, ul. Sarmacka 6/14B, promptly and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

Please note that you will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Download the Withdrawal Form for the Sales Contract.