Terms and Conditions

ONLINE STORE REGULATIONS

MAGICALSHOES24.COM

TABLE OF CONTENTS:

ELECTRONIC SERVICES IN THE ONLINE STORE
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
COST, METHODS, AND DELIVERY AND PRODUCT COLLECTION TERMS
COMPLAINT HANDLING PROCEDURE
OUT-OF-COURT METHODS FOR COMPLAINT HANDLING AND CLAIM RESOLUTION AND ACCESS TO THESE PROCEDURES
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT NOT IN COMPLIANCE WITH THE REGULATIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

This Online Store Regulations have been prepared by the legal team of Prokonsumencki.pl. The Online Storewww.magicalshoes24.com cares about consumer rights. The consumer cannot waive the rights granted to them by the Consumer Rights Act. Provisions of agreements that are less favorable to the consumer than those of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations do not aim to exclude or limit any consumer rights that are granted to them by mandatory legal provisions, and any possible doubts should be interpreted in favor of the consumer. In case of any discrepancy between the provisions of these Regulations and the above provisions, these provisions take precedence and should be applied.

GENERAL PROVISIONS

The Online Store available atwww.magicalshoes24.com is operated by Aldona Karcz, conducting business under the name SHEEP SKULL ALDONA KARCZ, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, with: business location and correspondence address: ul. Brzezińska 40, 34-120 Targanice, NIP 5512623741, REGON 363479464, email address: sklep@magicalshoes24.com, phone number: +48 731 997 407.
These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulations states otherwise.
The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for periods, and based on grounds and principles specified in the privacy policy published on the Online Store's website. The privacy policy primarily outlines the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of data processing, as well as the rights of individuals whose data is processed, and information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the User or Customer of the Online Store is voluntary, subject to exceptions indicated in the privacy policy (concluding an agreement and legal obligations of the Seller)..
Definitions:

DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).
BUSINESS DAY – a day from Monday to Friday, excluding statutory holidays.
REGISTRATION FORM – a form available in the Online Store allowing the creation of an Account..
ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, particularly by adding Products to the electronic cart and specifying terms of the Sales Agreement, including the method of delivery and payment
CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity by law, who has entered into or intends to enter into a Sales Agreement with the Seller.
CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
ACCOUNT – an Electronic Service, a set of resources in the Service Provider’s teleinformation system marked with an individual name (login) and password provided by the Service Recipient, where data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, enabling Service Recipients to automatically receive periodic content from the Service Provider containing information about Products, news, and promotions in the Online Store.
ILLEGAL CONTENT – information that, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, is inconsistent with EU law or the law of any EU member state that complies with EU law, regardless of the specific subject or nature of that law.
SMS NOTIFICATIONS – an Electronic Service, an electronic distribution service provided by the Service Provider via a telecommunications network, enabling Service Recipients to receive SMS notifications from the Service Provider about abandoned carts, promotions, or product availability.
PRODUCT – a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
REGULATIONS – these Online Store Regulations.
ONLINE STORE – the Service Provider’s online store available at the internet address:www.magicalshoes24.com.
SELLER; SERVICE PROVIDER – Aldona Karcz, conducting business under the name SHEEP SKULL ALDONA KARCZ, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, with: business address and address for deliveries: ul. Brzezińska 40, 34-120 Targanice, NIP 5512623741, REGON 363479464, email address: sklep@magicalshoes24.com, phone number: +48 731 997 407.
SALES AGREEMENT – a sales contract for the Product concluded or entered into between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity by law, who uses or intends to use the Electronic Service.
CONSUMER RIGHTS ACT, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
ORDER – the Customer’s declaration of intent submitted through the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.

ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available in the Online Store: Account, Order Form, Newsletter, and SMS Notifications.

Account – creating an Account is possible by selecting the appropriate option when placing an Order – at the time of placing an Order, a Service Recipient’s Account is created.

The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient can delete their Account (resign from the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via email to: sklep@magicalshoes24.com or in writing to: ul. Brzezińska 40, 34-120 Targanice.

Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. The Order is placed once the Customer completes two steps – (1) fills out the Order Form and (2) clicks the “BUY AND PAY” field on the Online Store’s website after filling out the Order Form. Until this point, it is possible to independently modify entered data (by following the displayed messages and information available on the Online Store’s website). The following Customer data is required in the Order Form: full name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and details regarding the Sales Agreement: Product(s), quantity of Product(s), delivery location and method, and payment method. For non-consumer Customers, it is also necessary to provide the company name.

The Order Form Electronic Service is provided free of charge, is a one-time service, and terminates once the Order is placed through it or the Customer stops placing an Order through it.

Newsletter – using the Newsletter involves entering a name and email address in the Newsletter pop-up on the Online Store’s website to which subsequent editions of the Newsletter will be sent and clicking the “Subscribe” field.

The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient can unsubscribe from the Newsletter (resign from the Newsletter) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via email to: sklep@magicalshoes24.com or in writing to: ul. Brzezińska 40, 34-120 Targanice.

SMS Notifications – SMS Notifications are available after subscribing on the Online Store, such as during Order placement, by changing Account settings, or when subscribing to the Newsletter.

The SMS Notifications Electronic Service is provided free of charge for an indefinite period. The Service Recipient can unsubscribe from SMS Notifications at any time and without giving any reason by sending an appropriate request to the Service Provider, particularly via SMS to phone number: +48 731 997 407 or via email to: sklep@magicalshoes24.com.

Technical requirements necessary for cooperation with the Service Provider’s teleinformation system: (1) computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Opera; Google Chrome; Safari; or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the possibility of saving Cookies and Javascript support in the web browser.
The Service Recipient is required to use the Online Store in accordance with the law and good practices, respecting the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient must provide data that reflects the actual situation. The Service Recipient is prohibited from providing unlawful content, including Illegal Content.
The complaint procedure regarding Electronic Services is specified in point 6 of the Regulations.

CONDITIONS FOR CONCLUDING A SALES AGREEMENT

The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
The Product price displayed on the Online Store’s website is provided, according to the Customer's selection, in Polish zloty (PLN), US dollars (USD), euros (EUR), or British pounds (GBP) and includes taxes. The Customer is informed on the Online Store’s website, during the Order placement, about the total price including taxes for the Product being ordered, as well as any delivery costs (including transport, delivery, and postal services fees) and other costs, and, if the amount of these fees cannot be determined, about the obligation to pay them. This information is also provided at the time the Customer expresses the intent to be bound by the Sales Agreement.
Procedure for concluding a Sales Agreement in the Online Store via the Order Form.

The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
After placing an Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for fulfillment. The confirmation of receipt of the Order and its acceptance for fulfillment takes place by the Seller sending an appropriate email message to the Customer at the email address provided during the Order process. This email contains at least the Seller’s declarations of receipt of the Order, its acceptance for fulfillment, and confirmation of the Sales Agreement conclusion. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives the above email.

The recording, securing, and provision of the content of the concluded Sales Agreement to the Customer occur by (1) making these Regulations available on the Online Store’s website and (2) sending the Customer the email referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.

METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

The Seller provides the Customer with the following payment methods under the Sales Agreement:

Cash payment upon personal collection.
Bank transfer to the Seller’s bank account.
Electronic payments and credit card payments via PayU.pl, PayPal.com, Przelewy24.pl – current payment methods are specified on the Online Store’s information page on payment methods and on the websiteshttp://www.payu.pl,https://www.paypal.com/pl,https://www.przelewy24.pl/.

Electronic payment and credit card transaction settlements are carried out according to the Customer’s choice through the services of PayU.pl, PayPal.com, or Przelewy24.pl. Electronic payments and credit card payments are processed by:

PayU.pl – company PayU S.A., based in Poznań (headquarters address: ul. Grunwaldzka 186, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, registration records kept by the District Court Poznań – Nowe Miasto i Wilda in Poznań; share capital of 4,944,000.00 PLN fully paid; NIP: 7792308495.
Przelewy24.pl – company PAYPRO SPÓŁKA AKCYJNA, based in Poznań (headquarters address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under KRS number 0000347935, share capital: 5,476,300.00 PLN, NIP: 7792369887, REGON: 301345068.

Payment term:

If the Customer chooses to pay by bank transfer, electronic payment, or credit card, they must make the payment within 7 calendar days from the date of concluding the Sales Agreement.
If the Customer chooses cash payment upon personal collection, they must make the payment upon receiving the package.

COST, METHODS, AND TERMS OF DELIVERY AND COLLECTION OF THE PRODUCT

Delivery of the Product to the Customer is paid unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery, and postal service fees) are indicated to the Customer on the Online Store’s information page concerning delivery costs and during the Order process, including when the Customer expresses their intention to be bound by the Sales Agreement.
Personal collection of the Product by the Customer is free of charge.
The Seller provides the Customer with the following methods of delivery or collection of the Product:

Postal delivery.
Courier delivery.
Personal collection available at: ul. Brzezińska 40, 34-120 Targanice – on Business Days, from 09:00 to 17:00.

The Product delivery period to the Customer is up to 15 Business Days, unless a shorter period is specified in the Product description or during the Order process. For Products with different delivery periods, the delivery period is the longest specified period, which, however, cannot exceed 15 Business Days. The start of the Product delivery period to the Customer is counted as follows:

If the Customer chooses payment by bank transfer, electronic payment, or credit card – from the day the Seller’s bank or settlement account is credited.

Product readiness for collection by the Customer – if the Customer chooses personal collection, the Product will be ready for collection by the Customer within up to 2 Business Days, unless a shorter period is specified in the Product description or during the Order process. For Products with different readiness periods, the readiness period is the longest specified period, which, however, cannot exceed 2 Business Days. The Seller will additionally inform the Customer about the Product's readiness for collection. The start of the Product readiness period for collection by the Customer is counted as follows:

If the Customer chooses payment by bank transfer, electronic payment, or credit card – from the day the Seller’s bank or settlement account is credited.
If the Customer chooses cash payment upon personal collection – from the day of the Sales Agreement conclusion.

COMPLAINT HANDLING PROCEDURE

This section 6 of the Regulations outlines the complaint handling procedure common to all complaints submitted to the Seller, particularly complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the actions of the Seller or the Online Store.
The basis and scope of liability are defined by generally applicable law, particularly in the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).

Detailed provisions regarding complaints about a Product – a movable item – purchased by the Customer under a Sales Agreement concluded with the Seller until December 31, 2022, are defined by the provisions of the Civil Code in force as of December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions define, among others, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to deliver a Product free from defects to the Customer. Pursuant to Article 558 § 1 of the Civil Code, the Seller's warranty liability for the Product purchased as stated above is excluded for a Customer who is not a consumer.
Detailed provisions regarding complaints about a Product – a movable item (including a movable item with digital elements), except for a movable item that serves solely as a digital content carrier – purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, are defined by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions define, among others, the basis and scope of the Seller's liability towards the consumer in case of non-compliance of the Product with the Sales Agreement.
Detailed provisions regarding complaints about a Product – digital content or a digital service, or a movable item that serves solely as a digital content carrier – purchased by the Customer under a Sales Agreement concluded with the Seller from January 1, 2023, or before that date if the delivery of such a Product was to occur or occurred after that date, are defined by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions define, among others, the basis and scope of the Seller's liability towards the consumer in case of non-compliance of the Product with the Sales Agreement.

A complaint can be submitted, for example:

In writing to the address: ul. Brzezińska 40, 34-120 Targanice;
Electronically via email to: sklep@magicalshoes24.com

The Product can be sent or returned under a complaint to the address: ul. Brzezińska 40, 34-120 Targanice.
It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, particularly the type and date of the defect or non-compliance with the agreement; (2) the requested method of bringing the Product into compliance with the agreement or a declaration of price reduction or withdrawal from the agreement or other claims; and (3) the complainant's contact details – this will facilitate and expedite the complaint resolution. The requirements mentioned above are merely a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
In case of a change in the contact details provided by the complainant during the complaint process, they are required to inform the Seller of this change.
Evidence (e.g., photos, documents, or the Product) related to the complaint may be attached by the complainant to the complaint. The Seller may also request additional information or evidence (e.g., photos) from the complainant if it facilitates and expedites the complaint resolution by the Seller.
The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of receipt.
The provisions in sections 6.2.2 and 6.2.3 of the Regulations regarding the consumer also apply to a Customer who is a natural person concluding an agreement directly related to their business activity if the content of this agreement indicates that it does not have a professional nature for this person, particularly based on the subject of their business activity disclosed under the Central Register and Information on Economic Activity regulations.

OUT-OF-COURT COMPLAINT AND CLAIM REDRESS MECHANISMS AND RULES FOR ACCESSING THESE PROCEDURES

Detailed information on the possibility for a Customer who is a consumer to use out-of-court complaint and claim redress mechanisms and the rules for accessing these procedures is available on the website of the Office of Competition and Consumer Protection at:https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The Office of Competition and Consumer Protection also has a contact point (telephone: +48 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw) that, among other things, provides assistance to consumers in matters related to out-of-court consumer dispute resolution.
A consumer has the following example options for using out-of-court complaint and claim redress mechanisms: (1) submitting an application to a permanent consumer arbitration court (more information at:http://www.spsk.wiih.org.pl/); (2) submitting an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller's business location); and (3) obtaining assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Polish Consumer Association). Advice is provided, among others, via email at porady@dlakonsumentow.pl and through the consumer hotline at 801 440 220 (the hotline is open on Business Days, from 8:00 to 18:00, with call charges according to the operator's rates).
An online dispute resolution platform between consumers and traders at the EU level (ODR platform) is available athttp://ec.europa.eu/consumers/odr. The ODR platform is an interactive, multilingual website that serves as a one-stop-shop for consumers and traders seeking out-of-court dispute resolution concerning contractual obligations arising from online sales contracts or service agreements (more information on the platform's website or on the Office of Competition and Consumer Protection's website at:https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

RIGHT TO WITHDRAW FROM THE CONTRACT

A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send the statement before it expires. The statement of withdrawal from the contract can be submitted, for example:

In writing to the address: ul. Brzezińska 40, 34-120 Targanice;
Electronically via email to: sklep@magicalshoes24.com.

Return of the Product – movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the address: ul. Brzezińska 40, 34-120 Targanice.
A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 12 of the Regulations. The consumer may use the form template, although it is not mandatory.
The withdrawal period begins:

For contracts under which the Seller releases the Product, being obliged to transfer its ownership – from the date of taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in parts, or in batches – from the date of taking possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period – from the date of taking possession of the first Product.
For other contracts – from the date of contract conclusion.

In the case of withdrawal from a distance contract, the contract is considered not concluded.
Products – movable items, including movable items with digital elements:

The Seller is obliged to immediately, but no later than within 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of delivering the Product – a movable item, including a movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer that is other than the least expensive ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method that does not involve any costs for them. In the case of Products – movable items (including movable items with digital elements) – if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, depending on which event occurs first.
In the case of Products – movable items (including movable items with digital elements) – the consumer is obliged to promptly, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. The deadline is met if the Product is sent back before its expiry.
The consumer is responsible for any reduction in the value of the Product – a movable item (including a movable item with digital elements) – resulting from its use in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

Products – digital content or digital services:

In the event of withdrawal from the contract for the supply of digital content or a digital service, the Seller, from the date of receipt of the consumer's statement of withdrawal from the contract, cannot use content other than personal data provided or generated by the consumer while using the digital content or digital service supplied by the Seller, except for content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relates solely to the consumer's activity while using the digital content or digital service provided by the Seller; (3) has been combined by the trader with other data and cannot be separated or can only be separated with disproportionate effort; (4) has been generated by the consumer jointly with other consumers, who can still use it. Except for the cases mentioned above in points (1)–(3), the Seller shall, at the consumer's request, make available to the consumer content other than personal data that was provided or generated by the consumer while using the digital content or digital service supplied by the Seller. In the case of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user account, which does not affect the consumer's rights mentioned in the preceding sentence. The consumer has the right to retrieve the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used, machine-readable format.
In the case of withdrawal from the contract for the supply of digital content or a digital service, the consumer is obliged to cease using the digital content or digital service and to make it unavailable to third parties.

Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:

For Products – movable items (including movable items with digital elements) – if the consumer has chosen a delivery method other than the least expensive ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
For Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
In the case of a service that began – at the explicit request of the consumer – before the end of the withdrawal period, the consumer, exercising the right to withdraw from the contract after making such a request, is obliged to pay for the services rendered up to the moment of withdrawal from the contract. The amount of payment is calculated proportionally to the extent of the service provided, taking into account the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.

The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:

(1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the explicit and prior consent of the consumer, who was informed before the service was started that after its performance by the Seller, they would lose the right to withdraw from the contract and acknowledged it; (2) in which the price or remuneration depends on fluctuations in the financial market beyond the Seller's control and which may occur before the end of the withdrawal period; (3) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – not prefabricated, produced according to the consumer's specifications, or intended to meet their individualized needs; (4) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – that is perishable or has a short shelf life; (5) in which the subject of the service is a Product – a movable item (including a movable item with digital elements) – delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons if the packaging was opened after delivery; (6) in which the subject of the service is Products – movable items (including movable items with digital elements) – that, after delivery, due to their nature, are inseparably combined with other movable items, including movable items with digital elements; (7) in which the subject of the service is alcoholic beverages, the price of which was agreed upon at the time of the Sales Agreement conclusion, and whose delivery may occur only after 30 days, and their value depends on market fluctuations beyond the Seller's control; (8) in which the consumer has explicitly requested that the Seller visit them for urgent repair or maintenance; if the Seller provides additional services beyond those requested by the consumer, or delivers Products – movable items (including movable items with digital elements) – other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the additional services or Products; (9) in which the subject of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging was opened after delivery; (10) for the supply of newspapers, periodicals, or magazines, except for subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment events, sports, or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun the service with the explicit and prior consent of the consumer, who was informed before the service started that they would lose the right to withdraw from the contract after the Seller has fulfilled it, and acknowledged it, and the Seller has provided the consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act; (14) for services for which the consumer is obliged to pay the price if the consumer has explicitly requested the Seller to visit them for repair, and the service was fully performed with the explicit and prior consent of the consumer.

The provisions in this point 8 of the Regulations regarding the consumer also apply from January 1, 2021, and for contracts concluded from that day, also to the Service User or Customer who is a natural person concluding a contract directly related to their business activity, if the content of the contract indicates that it does not have a professional character for that person, particularly based on the subject of their business activity disclosed under the provisions on the Central Register and Information on Economic Activity.

PROVISIONS FOR ENTREPRENEURS

This section 9 of the Terms and all provisions contained herein are addressed to and therefore binding solely upon the Client or Service Recipient who is not a consumer, and from January 1, 2021, also upon a natural person who concludes a contract directly related to their business activity, provided that from the content of this contract it is evident that it does not possess a professional nature for this person, particularly deriving from the subject of their business activity as disclosed under the regulations of the Central Register and Information on Business Activity.
The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason and does not entitle the Client to make any claims against the Seller.
The Seller's liability for warranty for the Product or for non-conformity of the Product with the Sales Agreement is excluded.
The Seller shall respond to complaints within 30 calendar days from the date of their receipt.
The Seller has the right to limit the available payment methods, including requiring an advance payment in full or in part, regardless of the payment method selected by the Client or the fact of concluding the Sales Agreement.
The Service Provider may terminate the contract for the provision of Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement.
The liability of the Service Provider/Seller towards the Service Recipient/Client, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the paid price and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The monetary limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Client against the Service Provider/Seller, including also in cases where no Sales Agreement has been concluded or claims unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Client only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for any delay in the transport of the shipment.
All disputes arising between the Seller/Service Provider and the Client/Service Recipient are submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

PRODUCT REVIEWS

The Seller allows its Clients to submit and access reviews of the Products and the Online Store under the conditions set out in this section of the Terms.
Clients may submit a review by using a form that allows the addition of a review for a Product or the Online Store. This form may be made available directly on the Online Store’s website (including via an external widget) or may be provided via an individual link received by the Client after the purchase to the email address provided by the Client. When submitting a review, the Service Recipient may also add a graphic rating or a photo of the Product if such an option is available in the review form.
A review of a Product can only be submitted for Products actually purchased in the Seller's Online Store and by the Client who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be submitted by a person who is a Client of the Online Store.
Clients’ submission of reviews must not be used for unlawful activities, in particular for acts constituting unfair competition or acts violating personal rights, intellectual property rights, or other rights of the Seller or third parties. When adding a review, the Client must act in compliance with the law, these Terms, and good practices.
Reviews may be posted directly on the Online Store’s website (e.g., next to a given Product) or on an external review-gathering service with which the Seller cooperates and to which the Online Store’s website refers (including via an external widget placed on the Online Store’s website).
The Seller ensures that the reviews of Products published come from its Clients who have purchased the given Product. For this purpose, the Seller takes the following actions to verify that the reviews come from its Clients:

The publication of a review submitted via the form available directly on the Online Store’s website requires prior verification by the Service Provider. Verification consists of checking the compliance of the review with the Terms, in particular verifying whether the reviewer is a Client of the Online Store – in such cases, the Seller checks whether the person has made a purchase in the Online Store, and in the case of a Product review, additionally verifies if the person has purchased the reviewed Product. Verification is carried out without undue delay.
The Seller sends its Clients (including via an external review-gathering service with which it cooperates) an individual link to the email address provided by the Client at the time of purchase – in this way, access to the review form is given only to the Client who purchased the Product in the Online Store.
In case of doubts on the part of the Seller or objections raised with the Seller by other Clients or third parties regarding whether a given review comes from a Client or whether the Client has purchased the given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Client of the Online Store or that they have purchased the reviewed Product.

Any comments, appeals from review verification, or objections as to whether a given review comes from a Client or whether the Client has purchased the given Product may be reported in a manner analogous to the complaint procedure specified in point 6 of the Terms.
The Seller does not post or commission any person to post false reviews or recommendations of Clients and does not distort Clients' reviews or recommendations to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.

ILLEGAL CONTENT AND OTHER NON-COMPLIANT CONTENT

This section of the Terms contains provisions deriving from the Digital Services Act with respect to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store unless the Terms require certain information (e.g., data necessary to place an Order). The Service Recipient may have the opportunity to add a review or comment in the Online Store using the tools provided by the Service Provider for this purpose. In any case where content is provided by the Service Recipient, they are obliged to comply with the rules set forth in the Terms.
CONTACT POINT – The Service Provider designates the email address sklep@magicalshoes24.com as the single contact point. The contact point allows for direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, and also enables service recipients (including Service Recipients) to communicate directly, quickly, and conveniently with the Service Provider via electronic means, for the purpose of applying the Digital Services Act. The Service Provider specifies Polish and English as the languages of communication with its contact point.
Procedure for Reporting Illegal Content and Actions in Accordance with Article 16 of the Digital Services Act:

At the email address sklep@magicalshoes24.com, any person or entity may report to the Service Provider the presence of certain information that they consider to be Illegal Content.
The report should be sufficiently precise and adequately justified. To facilitate this, the Service Provider enables and facilitates submissions to the aforementioned email address, including all of the following elements: (1) sufficiently justified reasons why the person or entity alleges that the information reported constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information allowing for the identification of the Illegal Content, as appropriate to the type of content and the specific type of service; (3) the name and surname or name and email address of the person or entity making the report, except in cases concerning information associated with one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming that the person or entity making the report has a good faith belief that the information and allegations therein are accurate and complete.
The report referred to above shall be deemed to provide actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act regarding the information to which it pertains, provided that it enables the Service Provider, acting with due diligence, to determine – without detailed legal analysis – the illegal nature of the given activity or information.
If the report contains electronic contact details of the person or entity making the report, the Service Provider shall, without undue delay, send confirmation of receipt to that person or entity. The Service Provider shall also notify such person or entity, without undue delay, of its decision concerning the information in the report, providing information on the available means of appeal against the decision made.
The Service Provider considers all reports received under the above mechanism and makes decisions regarding the information to which they relate in a timely, non-arbitrary, and objective manner and with due diligence. If, for such considerations or decision-making, the Service Provider uses automated means, it shall include information about this in the notification referred to in the previous point.

Information on Restrictions Imposed by the Service Provider in Connection with the Use of the Online Store Regarding Information Provided by Service Recipients:

The Service Recipient is subject to the following rules when providing any content within the Online Store:

an obligation to use the Online Store, including for posting content (e.g., in reviews or comments), in accordance with its intended purpose, these Terms, and in a manner that is lawful and consistent with good practices, taking into account respect for personal rights, copyrights, and intellectual property rights of the Service Provider and third parties;
an obligation to enter content in a truthful manner and without misleading others;
a prohibition on providing content of an unlawful nature, including a prohibition on providing Illegal Content;
a prohibition on sending unsolicited commercial information (spam) via the Online Store;
a prohibition on providing content that violates generally accepted standards of netiquette, including vulgar or offensive content;
an obligation to have – where necessary – all required rights and authorizations to provide such content on the pages of the Online Store, especially copyright or required licenses, permits, and consents for its use, dissemination, availability, or publication, in particular the right to publish and disseminate within the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties;
an obligation to use the Online Store in a way that does not pose a risk to the security of the Service Provider’s information system, the Online Store, or third parties.

The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store’s website. Moderation is carried out in good faith and with due diligence, on the Service Provider’s own initiative or upon receipt of a report, in order to detect, identify, and remove Illegal Content or other content non-compliant with the Terms, or to block access to it or take necessary actions to comply with the requirements of European Union law and national law in line with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Terms.
The moderation process may be conducted manually by a person or based on automated or semi-automated tools that facilitate the Service Provider’s identification of Illegal Content or other content non-compliant with the Terms. After identifying such content, the Service Provider makes a decision regarding its possible removal or restriction of access to the content, or otherwise limits its visibility or takes other actions deemed necessary (e.g., contacts the Service Recipient to clarify issues and amend the content). The Service Provider shall inform the Service Recipient who provided the content (if contact details are available) clearly and in an easily understandable manner of its decision, the reasons for the decision, and the available means of appeal against it.
In fulfilling its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionally, and with due regard for the rights and legitimate interests of all involved parties, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

All comments, complaints, appeals, or objections concerning decisions or other actions or inactions taken by the Service Provider based on the report received or the decision made in accordance with these Terms may be submitted in a manner analogous to the complaint procedure specified in point 6 of the Terms. This procedure is free of charge and enables complaints to be submitted electronically to the specified email address. Using the reporting and complaints procedure does not prejudice the right of a person or entity to initiate court proceedings and does not infringe upon other rights.
The Service Provider considers all comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken based on the report received or the decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other submission provides sufficient reasons for the Service Provider to believe that its decision not to take action in response to the report is unjustified, or that the information in question is neither illegal nor non-compliant with the Terms, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, overturn or amend its decision regarding the possible removal or restriction of access to the content, or otherwise limits its visibility, or takes other actions deemed necessary.
Service Recipients, persons, or entities that have reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or non-compliant content are directed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of the Member State to resolve disputes regarding these decisions, including complaints unresolved within the Service Provider’s internal complaints handling system.

FINAL PROVISIONS

Contracts concluded through the Online Store are concluded in the Polish language.
Amendment of the Terms and Conditions:

The Service Provider reserves the right to make amendments to these Terms and Conditions for valid reasons, i.e.: changes in legal provisions; changes in payment methods or delivery times; compliance with a legal or regulatory obligation; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; the necessity to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
Notification of the proposed changes is sent at least 15 days before the changes come into force, with the exception that a change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires amending the Terms in a way that prevents the observance of the 15-day notice period; or (2) must exceptionally change its Terms to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers from fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases mentioned, the changes take effect immediately unless a longer implementation period is possible or required, of which the Service Provider will inform.
In the case of continuous contracts (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the end of the notification period for the proposed changes. Such termination becomes effective 15 days from the date of receipt of the notification. For continuous contracts, the amended Terms bind the Service Recipient if they have been properly notified of the changes, in accordance with the notification period before implementation, and have not terminated the contract within this period. Additionally, at any time after receiving notification of changes, the Service Recipient may accept the changes, thereby waiving the remaining notification period. In the case of contracts of a different nature than continuous contracts, changes to the Terms will in no way affect the Service Recipient’s acquired rights before the effective date of the amendments, particularly not impacting any Orders already placed or submitted and Sales Contracts concluded, implemented, or performed.
If the amendment of the Terms results in the introduction of any new fees or increases in current fees, the consumer has the right to withdraw from the contract.

In matters not regulated in these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant generally applicable provisions of law.

MODEL WITHDRAWAL FORM (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)

– Recipient:

SHEEP SKULL ALDONA KARCZ
ul. Brzezińska 40, 34-120 Targanice
magicalshoes24.com
sklep@magicalshoes24.com

– I/We(*) hereby inform you of my/our withdrawal from the contract of sale of the following goods() contract for the delivery of the following goods(*) contract for work involving the performance of the following goods(*)/for the provision of the following service(*)

– Date of contract conclusion()/receipt()
– Name(s) of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is submitted in paper form)
– Date
(*) Delete as appropriate.