Terms and conditions

§1 Definitions

  1. Store – the online store located at http://www.themarstore.com.
  2. Seller: THE MAR sp. z o.o. with headquarters in Warsaw, ul. Siedmiogrodzka 1/308, 01-204 Warszawa, REGON 389764664, NIP 5272968505. Contact e-mail address: office@themarstore.com.
  3. Product, Products – all goods offered by the Seller for sale in the Store.
  4. Customer, User – a person using the Store, Store user.
  5. Regulations – these regulations, which define the rules of using the Store.
  6. Contract – a sales contract concluded by and between the Customer and the Seller via the Store. To the above of the sales contract, the rules resulting from the Regulations apply.
  7. Order – Buyer’s declaration of will submitted via the Store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of delivery of the item, data of the Buyer, aiming directly at the conclusion of the contract between the Buyer and the Seller.

§2 General provisions

  1. Before using the Store, each person should read its Regulations.
  2. The condition to start using the Store is its acceptance. Failure to accept the provisions of the Regulations prevents the use of the Store and the purchase of Products offered by the Seller.
  3. Making purchases in the Store requires the Customer to have an active and functional e-mail account.
  4. The Customer’s personal data is processed by the Seller in accordance with the Privacy Policy posted on the Store’s website.
  5. The contract is concluded in accordance with the local law applicable to the seat of the Seller and these regulations.
  6. The store sells in the territory of the Republic of Poland and abroad.

§3 Conclusion of the contract and implementation

  1. Orders can be placed around the clock, on all days of the week. Orders executed on non-working days will be processed on the first working day following the day on which the order was placed.
  2. In order to place an order, the Customer should perform at least the following steps, some of which may be repeated many times: a. Adding the Product to the basket; b. go to the basket; c. going to the order; d. providing the Product delivery address; e. choosing the type of delivery; c. choosing the type of payment; e. placing an order in the store by using the “Buy and pay” button. The conclusion of the contract with the customer takes place upon placing the order.
  3. After placing the order, the Customer immediately makes the payment in accordance with the selected payment method. From the moment of placing the order, the customer has ten minutes to make the payment. After this time, the order is automatically cancelled.
  4. The time of the Customer’s order fulfillment in the case of payment via the electronic payment system is counted from the moment of obtaining a positive payment authorization, and in the case of payment by bank transfer or payment card – from the date of crediting the Seller’s bank account.
  5. After paying for the order, a message will be sent to the e-mail address provided by the Customer in the order, containing a summary of information regarding the order, i.e. the type of Products, the value of the order, the selected delivery method and its cost, payment method and customer contact details.
  6. The implementation of the order consists in its preparation for shipment to the customer. The order is considered completed when the order is prepared for shipment.
  7. The order fulfillment time should not exceed 14 days.
  8. The purchased subject of the contract is sent by the type of delivery selected by the Customer to the place of delivery indicated by the Customer in the order.
  9. Confirmation of the order is the decision of the Seller. The Seller reserves the right to refuse to accept the order placed by the Customer, in particular if: a. The Customer’s contact details are incomplete or incorrect; b. There will be no payment authorization in the electronic payment system selected during the order; c. Payment is not made in due time; d. The product is unavailable.
  10. If the order is not accepted and its implementation is refused, the Customer will not receive the confirmation referred to in paragraph 6 above. In addition, the Customer will receive an e-mail from the Store informing him that the offer was not accepted, the sales contract was not concluded, and the order was cancelled.

§4 Payments

  1. The entity providing online payment services is Blue Media S.A.
  2. Payment methods available: a. Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro b. Online transfer through the Paynow system c. BLIK payment via the Paynow system d. PayPal e. Klarna

§5 The right to withdraw from the contract

  1. The customer is entitled, pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason.
  2. The deadline to withdraw from a distance contract is 14 days (starting from the day after the order is delivered).
  3. The above right to withdraw from the concluded Agreement is not entitled to the Customer in relation to Agreements where the subject of the service is a Product manufactured according to the Customer’s specification or serving to satisfy his individual needs.
  4. The Customer is obliged to inform the Seller in advance about the planned return of the Product, by writing an e-mail to: shop@themarstore.com.
  5. Products may be returned by courier at the customer’s expense to the following address: DTW Logistics THE MAR (Panattoni Park Warsaw West), ul. Sochaczewska 98C, 05-870 Błonie (themar@dtwl.pl, tel. 570045381).
  6. The declaration of withdrawal from the contract should be prepared by the Customer using the Return Form (Download the Form of the declaration of withdrawal from the Sales Agreement). The declaration of withdrawal should be signed by hand and attached in paper form to the shipment containing the Product.
  7. In the event of withdrawal from the Agreement in the indicated form and time, the Agreement is considered not concluded
  8. After withdrawing from the Agreement, the Customer is obliged to return the Product to the Seller with the original tags sewn in, unused and clean, odorless, immediately, but not later than 14 days from the date on which he withdrew from the Agreement.
  9. The customer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
  10. The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Customer and delivery of the returned Product to the Seller, return to the Customer all payments made by him, including the one-time cost of the item, and if the Customer chose a delivery method other than the cheapest ordinary the method of delivery offered by the Seller, the Seller will not reimburse the Customer for additional costs in accordance with art. 33 of the Consumer Law.
  11. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different payment method, which does not involve any costs for him.
  12. The Seller may withhold the reimbursement of the payment received from the Customer until receipt of the returned Product.

§6 Warranty

  1. The Seller is obliged to provide the Customer with a Product without defects. The Seller is liable to the Customer who is a consumer for the Product’s non-compliance with the Agreement (Product defects).
  2. The Seller is liable to the Customer under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.
  3. If the item sold has a defect, the customer may: a. Submit a statement requesting a price reduction; b. replacement of the Product with a new one; c. demand the repair of the Product by the Seller; d. submit a declaration of withdrawal from the contract if the defect of the Product is significant.
  4. The choice of the request rests with the Customer, and the Seller may propose a different solution from the ones indicated above within the limits set by the content of the law.
  5. The consumer may not withdraw from the contract if the defect is irrelevant.
  6. The customer submits a complaint by submitting a written complaint form to the Seller (download the Complaint form).

§7 Damage to the product during transport

  1. If the Customer finds that the Product is damaged during transport, the Customer is obliged to draw up a damage report in the presence of the courier.
  2. Complaints arising from damage to the Product during transport will be considered on the basis of a damage report prepared by the Customer and the courier.

§8 Additional provisions

  1. The Seller has the right to refuse to accept the Product in the event of a damaged Product being returned, a return made after the deadline or an incomplete Product has been delivered to the Store.
  2. The Seller does not accept Products sent in cash on delivery.
  3. The Seller does not accept Products sent back: a. By letter, b. By registered mail, c. By cash on delivery.
  4. Only courier items sent to the correct mailing address are accepted
  5. In matters not covered by this §7, the provisions of the applicable provisions of Polish law shall apply, such as the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

§9 Gift cards

  1. These rules apply to gift cards purchased in the Store. Gift cards can be used on the Store’s website.
  2. The seller has 24 hours to send back the gift card with the assigned individual code.
  3. The Gift Card can be used to pay for the entire order or its part, only when the value of the card is equal to or less than the value of the purchased Products. The customer can choose an additional payment method to complete the transaction if the value of the gift card is less than the total purchase value.
  4.  The gift card can only be used once. If the total value of the gift card is not used, the Store will generate a replacement code that will be sent electronically to the e-mail address provided by the Customer.
  5. The gift card is valid for 1 year from the date of purchase. The gift card cannot be used to make a purchase after its expiry date.
  6. The customer receives a gift card to the e-mail address provided in the order form. The customer is required to provide a valid e-mail address to which the gift card code will be sent. If it is not possible to confirm the correct address, the Store reserves the right to suspend the delivery of the gift card until the correct address of the Customer is established.
  7. If the Customer decides to return a Product purchased with a gift card, they will receive a replacement code and, if an additional payment method has been used, a refund of the funds paid using this payment method. Immediately after the return is processed by the Store, a replacement code will be sent to the Customer. The replacement code will be sent to the e-mail address provided by the Customer. The customer is required to provide a valid e-mail address to which the replacement code will be sent. If it is not possible to confirm the correct address, the Store reserves the right to suspend the delivery of the gift card until the correct address of the Customer is established. Gift cards and replacement codes cannot be redeemed for cash.
  8. The customer has 14 calendar days (counting from the day after the order is delivered) to cancel the order of the gift card. In order to cancel the card order, please contact the Seller immediately at the e-mail shop@themarstore.com.
  9. The seller is not responsible for the loss of the gift card or replacement code.

§10 Newsletter and notification of availability

  1. The customer may order the service of receiving Newsletter notifications by completing the form in the contact tab, selecting consent to receive the Newsletter next to the Delivery form or selecting consent to receive the Newsletter in the pop-up window on the Store’s home page.
  2. In order to order the Newsletter service, the customer provides his e-mail address to which he wants to receive the Newsletter and confirms the acceptance of the Regulations.
  3. It is possible to unsubscribe from the Newsletter service by clicking the link in each of the received messages.
  4. The customer may order the service of entering the customer on the list of one-time notification of product availability by completing and selecting the form available on the Store’s website next to a given Product.
  5. To order the Notification of Availability service, the customer provides his e-mail address to which he wants to receive the Notification of Availability and confirms the acceptance of the Regulations.
  6. The Store uses the MailChimp platform to automate the Newsletter service. By subscribing to the Newsletter service, the Customer agrees to the Seller transferring personal data provided by the Customer to MailChimp for processing (address: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA), in accordance with their Privacy Policy and Regulations. MailChimp is EU-U.S certified. Privacy Shield Framework and meets the requirements of the GDPR.

§11 Privacy policy and personal data security

  1. The administrator of personal data provided in connection with the use of the functionalities available in the Store is the Seller, i.e. THE MAR sp. z o.o. with headquarters in Warsaw, ul. Siedmiogrodzka 1/308, 01-204 Warszawa, REGON 389764664, NIP 5272968505.
  2. By filling in the purchase form and checking the box next to the relevant declaration, the customer agrees to the collection and processing of his personal data in accordance with the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2002, No. 101, item 926 with d.) by the Administrator for the purposes necessary to implement the provisions of these Regulations and the services provided on its basis.
  3. Providing personal data by the user is voluntary. The data is processed for the purpose necessary to perform the provisions of these Regulations, and in particular to conclude and execute orders and sales contracts between the Administrator and the User on the terms described in these Regulations.
  4. The Seller indicates the following e-mail address for contact in all matters related to the protection of personal data: via e-mail to the following address: office@themarstore.com.
  5. With additional consent given by the Customer, the collected personal data may also be used for promotional and marketing purposes, including in particular to present the Customer with the store’s commercial offer and other marketing information related to the Store.
  6. If you subscribe to the Newsletter and agree to receive it, electronic messages will be sent to the Customer’s e-mail address containing commercial information about promotions and new Products available in the Store.
  7. The Customer may resign from sending such information at any time by writing an e-mail to the office@themarstore.com or by clicking on the link in each Newsletter received.
  8. The data provided when placing the order are also processed by the following entities in the given scope: name and surname, address, telephone number, e-mail address indicated as the delivery address are provided to shipping companies in the form of a label / consignment note which is also an order for delivery.
  9. The customer has the right to access their personal data at any time and the right to correct them and request their removal.
  10. The Administrator informs that the Customer is not obliged to provide his personal data, however, refusal to provide them will prevent the proper performance of the services specified in the Regulations and the services resulting from the contract concluded between the Store and the Customer.
  11. The collected personal data of the User by the Administrator are carefully protected in accordance with applicable regulations. The administrator makes every effort to ensure the appropriate level of security for the stored data.
  12. The administrator uses cookies. Cookies are IT data that is stored on the User’s end device and is intended for the use of websites. Cookies usually contain the name of the website they come from, their storage time on the end device, standard information related to logging in, such as IP address, type of search engine, language, access hours, the address of the website from which the User was redirected and a unique number. The entity placing cookies on the User’s end device and accessing them is the Administrator.
  13. The Store informs customers that the services offered via the Store are provided via the public Internet network. In connection with the above, the Store draws the attention of Customers to the fact that the use of the Store’s services may involve the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
  14. Recording, securing and sharing by the Store with the other party of the content of the concluded contract takes place by sending an appropriate e-mail after the conclusion of the Agreement. The Seller sends the specification of the concluded Agreement and the proof of purchase to the e-mail address provided by the Customer. The content of the concluded contract is additionally recorded and secured in the Service Provider’s IT system and made available at each Customer’s request.
  15. The Seller may update the Privacy Policy by publishing a new version on the Store’s website, indicating the date of publication.