Store Regulations
Terms and conditions of the Littlemagic.com.pl online store
specifying, among other things, the rules for concluding sales agreements through the Store, containing the most important information about the Seller, the Store and the Consumer's rights
The provisions regarding the Privileged Entrepreneur apply to contracts concluded from 1 January 2021.
CONTENTS
§1 Definitions
§2 Contact with the Seller
§3 Technical requirements
§4 Shopping in the Store
§5 Payments
§6 Order fulfillment
§7 Right of withdrawal
§8 Exceptions to the right of withdrawal
§9 Complaints
§10 Personal data
§11 Disclaimers
Annex No. 1: Sample withdrawal form
- 1 DEFINITIONS
Working days– days from Monday to Friday, excluding public holidays.
Consumer– consumer within the meaning of the provisions of the Civil Code.
Account – a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged buyer – Privileged Consumer or Entrepreneur.
Privileged entrepreneur – a natural person concluding a contract with the Seller that is directly related to his/her business activity, but is not of a professional nature (the definition applies to contracts concluded from 1 January 2021).
Pick-up point – point located at the address of the Littlemagic store headquarters.
Statute – these regulations.
Store – Littlemagic online store run by the Seller at https://littlemagic.com.pl
Seller – Dariusz Pogorzelski, an entrepreneur running a business under the name of FU Darkowski, entered into the Central Register and Information on Business Activity kept by the minister responsible for economic affairs and maintaining the Central Register and Information on Business Activity, NIP 5471863938, REGON No. 243133017, 43-385 Jasienica 930. - 2 CONTACT WITH THE SELLER
Postal address: Mazańcowice 1125, 43-391 Mazańcowice
E-mail address: biuro@littlemagic.com.pl
Phone: 662607962 - 3 TECHNICAL REQUIREMENTS
For the proper functioning of the Store you need:
a device with Internet access
a web browser that supports JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required. - 4. SHOPPING IN THE STORE
The prices of goods visible in the Store are the total prices for the goods.
The Seller points out that the total price of the order consists of the price indicated in the Store for the goods and, if applicable, the costs of delivery of the goods.
The goods selected for purchase should be added to the shopping cart in the Store.
Then the Buyer selects from those available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the placed order.
The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
Placing an order is identical to concluding a sales contract between the Buyer and the Seller.
The Seller will provide the Privileged Buyer with confirmation of the conclusion of the sales contract on a durable medium no later than the time of delivery of the goods.
The Buyer may register in the Store, i.e. create an Account there, or make purchases without registration by providing his/her data with each possible order. - 5 PAYMENTS
The placed order can be paid for, depending on the Buyer's choice:
by regular transfer to the Seller's bank account; 46 1050 1070 1000 0090 8440 1588
via the payment platform:
PayPal or Przelewy24
In case of choosing to pay via the Przelewy24 payment platform, the entity providing online payment services is PayPro SA
If the Buyer chooses to pay in advance, the order must be paid for within 3 Business Days of placing the order.
The Seller informs that in the case of some payment methods, due to their specificity, payment for the order using this method is only possible immediately after placing the order.
The Buyer, by making purchases in the Store, accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.
- 6 ORDER PROCESSING
The seller is obliged to deliver goods free from defects.
Order fulfillment time is 3 to 5 business days.
If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid for.
In a situation where the Buyer has purchased goods with different delivery times within one order, the order will be fulfilled within the time appropriate for the goods with the longest delivery time.
The goods are delivered only within the territory of the Republic of Poland.
Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
Through a courier company
To InPost parcel lockers
No personal collection possible - 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT
The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the date:
on which the privileged buyer came into possession of the goods or on which a third party other than the carrier and indicated by the privileged buyer came into possession of the goods;
on which the privileged Buyer came into possession of the last item or on which a third party, other than the carrier and indicated by the privileged Buyer, came into possession of the last item in the case of a contract requiring the transfer of ownership of several items that are delivered separately.
In order for the privileged Buyer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
A privileged buyer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.
In order to meet the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal expires.
CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the method of delivery chosen by the privileged Buyer other than the cheapest standard method of delivery offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise the right to withdraw from the contract.
The Seller will refund the payment using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different solution; in each case, the Privileged Buyer will not incur any fees in connection with this refund.
The Seller may withhold reimbursement until receiving the goods or until proof of their return is provided, depending on which event occurs first.
The Seller requests that the goods be returned to the following address: Mazańcowice 1125, 43-391 Mazańcowice immediately, and in any case no later than 14 days from the date on which the privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the privileged Buyer sends the goods back before the expiry of the 14-day period.
The privileged buyer bears the direct costs of returning the goods.
The privileged buyer is only liable for a reduction in the value of the goods resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the goods.
If the goods cannot be returned by regular post due to their nature, the privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed by the Seller about the estimated amount of these costs in the description of the goods in the Store or when placing the order.
- 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
The right to withdraw from a contract concluded at a distance, referred to in § 7 of the Regulations, does not apply in relation to a contract:
where the subject of the provision is a non-prefabricated item, manufactured according to the specifications of the privileged Buyer or intended to meet his individual needs;
where the subject of the service is an item that spoils quickly or has a short shelf life;
where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
where the subject of the provision are things that after delivery, due to their nature, are inseparably connected with other things;
where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires. - 9 COMPLAINTS
In the event of a defect in the goods, the Buyer has the option of filing a complaint about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
By making use of the warranty, the Buyer may, under the terms set out in the Civil Code:
submit a declaration of price reduction,
in the case of a significant defect – submit a declaration of withdrawal from the contract,
demand the replacement of the item with a defect-free one,
demand removal of the defect.
The Seller is liable under the warranty if a physical defect is discovered before the expiry of two years from the date of delivery of the item to the Buyer – under the terms set out in the Civil Code.
In accordance with the Civil Code, a Buyer who is an entrepreneur other than a privileged entrepreneur loses his warranty rights if he fails to examine the goods at the time and in the manner customary for such goods and fails to immediately notify the Seller of the defect, and in a case where the defect is discovered only later – if he fails to notify the Seller immediately after its discovery.
The Seller requests that complaints under the warranty be submitted to the postal or e-mail address indicated in § 2 of the Regulations.
If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Buyer is obliged to deliver this goods, in the case of a privileged Buyer - at the Seller's expense, to the address Mazańcowice 1125, 43-391 Mazańcowice
If the product is covered by an additional warranty, information about it and its terms is available in the product description in the Store.
Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
The complaint will be considered by the Seller within 14 days.
OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free assistance from the municipal or district consumer ombudsman;
online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
- 10 PERSONAL DATA
The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and bases of data processing, as well as recipients of data - can be found in the Privacy Policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR”.
The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
the contract or actions taken at the request of the Buyer, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR),
the Seller's legal obligation related to accounting (Article 6, Section 1, Letter c) and
the legitimate interest of the Seller consisting in processing data for the purpose of determining, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
The Buyer’s data provided in connection with purchases in the Store will be processed until:
the contract concluded between the Buyer and the Seller will cease to be valid;
the Seller will no longer have a legal obligation to process the Buyer's data;
the possibility of pursuing claims by the Buyer or Seller related to the contract concluded by the Store will cease;
the Buyer's objection to the processing of his personal data will be accepted - if the basis for the data processing was the legitimate interest of the Seller
– depending on what applies in a given case and what occurs latest.
The buyer has the right to request:
access to your personal data,
their corrections,
removal,
processing restrictions,
transferring data to another administrator
and also the law:
to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the controller).
In order to exercise his/her rights, the Buyer should contact the Seller using the details from § 2 of the Regulations.
If the Buyer considers that his or her data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office. - 11 DISCLAIMERS
The Buyer is prohibited from providing content of an illegal nature.
Each time an order is placed in the Store, it constitutes a separate sales agreement and requires separate acceptance of the Regulations. The agreement is concluded for the time and purpose of order fulfillment.
Agreements concluded pursuant to the Regulations are concluded in Polish.
In the event of a potential dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.
Annex No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer or Privileged Entrepreneur may, but does not have to, use:
WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the contract)
Littlemagic.com.pl
Mazancowice 1125, 43-391 Mazancowice
e-mail address: biuro@littlemagic.com.pl
– I/We(*) …………………………………………………………… hereby inform about my/our withdrawal from the contract of sale of the following items(*) / for the provision of the following service(*):
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
- Date of conclusion of the contract(*)/receipt(*)
…………………………………………………………………………………………………………………………………………………………
– Name and surname of the Consumer(s) / Privileged Entrepreneur(s):
…………………………………………………………………………………………………………………………………………………………
– Address of the Consumer(s) / Privileged Entrepreneur(s):
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper format)
Date ……………………………………..
(*) Delete where not applicable.
Account Terms and Conditions
in the Littlemagic.com.pl store
The provisions regarding the Privileged Entrepreneur apply to contracts concluded from 1 January 2021.
CONTENTS
§1 Definitions
§2 Contact with the Seller
§3 Technical requirements
§4 Account
§5 Complaints
§6 Personal data
§7 Disclaimers
- 1 DEFINITIONS
Consumer– consumer within the meaning of the provisions of the Civil Code.
Account– a free function of the Store (service) regulated in the Regulations, thanks to which the Buyer can set up their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged buyer – Privileged Consumer or Entrepreneur.
Privileged entrepreneur – a natural person concluding a contract with the Seller that is directly related to his/her business activity, but is not of a professional nature (the definition applies to contracts concluded from 1 January 2021).
Statute – these Account regulations.
Store – Littlemagic online store run by the Seller at https://littlemagic.com.pl
Seller – Dariusz Pogorzelski, an entrepreneur running a business under the name of FU Darkowski, entered into the Central Register and Information on Business Activity kept by the minister responsible for economic affairs and keeping the Central Register and Information on Business Activity, NIP 5471863938, REGON no. 243133017, 43-385 Jasienica 930 - 2 CONTACT WITH THE SELLER
Postal address: Mazańcowice 1125, 43-391 Mazańcowice
E-mail address: biuro@littlemagic.com.pl
Phone: 662 607 962 - 3 TECHNICAL REQUIREMENTS
For the proper functioning and creation of an Account you need:
active email account
a device with Internet access
a web browser that supports JavaScript and cookies - 4 ACCOUNT
Creating an Account is completely voluntary and depends on the will of the Buyer.
The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or independently editing the Buyer's data.
In order to create an Account, please complete the appropriate form in the Store.
At the time of creating an Account, an agreement is concluded for an indefinite period of time between the Buyer and the Seller regarding the management of the Account on the terms specified in the Regulations.
The Buyer may cancel the Account at any time without incurring any costs.
In order to resign from the Account, you must send your resignation to the Seller at the following e-mail address: biuro@littlemagic.com.pl, which will result in immediate deletion of the Account and termination of the agreement regarding the management of the Account. - 5 COMPLAINTS
Complaints regarding the functioning of the Account should be sent to the e-mail address biuro@littlemagic.com.pl.
The complaint will be considered by the Seller within 14 days.
OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES
If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by the relevant Voivodship Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free assistance from the municipal or district consumer ombudsman;
online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
- 6 PERSONAL DATA
The Seller is the administrator of personal data provided by the Buyer when using the Account. Detailed information on the processing of personal data by the Seller - including other purposes and bases of data processing, as well as recipients of data, can be found in the Privacy Policy available in the Store - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR”.
The purpose of processing the Buyer's data is to maintain the Account. The basis for processing personal data in this case is the contract for the provision of services or actions taken at the Buyer's request, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR), as well as the Seller's legitimate interest in processing data for the purpose of determining, pursuing or defending possible claims (Article 6, paragraph 1, letter f of the GDPR).
Providing data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the Account maintenance service.
The Buyer’s data will be processed until:
The account will be deleted by the Buyer or the Seller at the Buyer's request
the possibility of pursuing claims by the Buyer or Seller related to the Account will cease;
the Buyer's objection to the processing of his personal data will be accepted - if the basis for the data processing was the legitimate interest of the Seller
– depending on what applies in a given case and what occurs latest.
The buyer has the right to request:
access to your personal data,
their corrections,
removal,
processing restrictions,
transferring data to another administrator
and also the law:
to object at any time to the processing of data for reasons related to the specific situation of the Buyer - to the processing of personal data concerning him, based on Article 6 paragraph 1 letter f of the GDPR (i.e. on the legitimate interests pursued by the controller).
In order to exercise his rights, the Buyer should contact the Seller.
If the Buyer considers that his or her data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Office. - 7 DISCLAIMERS
The Buyer is prohibited from providing content of an illegal nature.
The Account management agreement is concluded in Polish.
In the event of important reasons referred to in paragraph 4, the Seller has the right to change the Regulations.
The important reasons referred to in paragraph 3 are:
the need to adapt the Store to the legal provisions applicable to the Store's activities
improving the security of the service provided
a change in the functionality of the Account requiring a modification of the Regulations.
The Buyer will be informed about the planned change to the Regulations at least 7 days before the change comes into effect via an e-mail sent to the address assigned to the Account.
If the Buyer does not accept the planned change, he/she should inform the Seller about it by sending an appropriate message to the Seller's e-mail address biuro@littlemagic.com.pl, which will result in termination of the agreement regarding the management of the Account at the time the planned change comes into force or earlier if the Buyer submits such a request.
If the Buyer does not object to the planned change before it comes into force, it is assumed that he or she accepts it, which does not constitute an obstacle to terminating the contract in the future.
In the event of a potential dispute with a Buyer who is not a privileged Buyer, the competent court will be the court having jurisdiction over the Seller's registered office.
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