TERMS AND CONDITIONS OF THE MELCHIKA.COM ONLINE SHOP

§ 1. General provisions

  1. The melchika.com online shop (hereinafter: “Melchika” or the “Shop”) is owned by Paweł Białas, ul. Rolna 31/61, 61-491 Poznań, Poland, NIP (tax ID) 767-162-42-34, REGON 383222867.
  2. Contact with the Shop: email contact@melchika.com, phone +48 570 213 842, postal address as above.
  3. These Terms and Conditions set out the rules for placing and fulfilling orders and for using the Shop.
  4. A Customer is a person placing an order in the Shop. A Consumer is a Customer who is a natural person making a purchase not directly related to their business or professional activity. The provisions concerning Consumers also apply to a natural person running a business when the purchase is not of a professional nature for them (in particular, when it does not result from the business activity entered in CEIDG, the Polish business register).
  5. To use the Shop you need a device with internet access, an up-to-date browser with cookies and JavaScript enabled, and an active email address.
  6. Customers may not provide unlawful content to the Shop.

§ 2. Orders and account

  1. Orders can only be placed through the melchika.com website.
  2. Placing an order requires filling in a form with your full name, delivery address, email address and, optionally, phone number.
  3. After placing an order, the Customer receives a confirmation email. The sales contract is concluded when this email is received.
  4. Prices in the Shop are given in Polish zloty (PLN) and are final prices. The delivery cost is shown before the order is placed.
  5. When a price is reduced, the Shop also shows the lowest price of the product in the 30 days before the reduction.
  6. Customers can create an account free of charge, which lets them check their order history and order status. The account agreement is concluded for an indefinite period. The Customer may terminate it at any time by writing to contact@melchika.com.
  7. Complaints about the operation of the Shop or the account can be sent to contact@melchika.com. We reply within 14 days.

§ 3. Payments

  1. Available payment methods:
    a) traditional bank transfer to our account at mBank: 22 1140 2004 0000 3402 7871 2781. Please include your order number in the transfer title,
    b) payment via Przelewy24, operated by PayPro S.A.
  2. For a traditional bank transfer, payment should be received within 3 working days of placing the order. After this time the order may be cancelled, in which case we will let you know by email.

§ 4. Order fulfilment and delivery

  1. Products are made to order. The processing time (making the product and dispatching the parcel) is up to 10 working days from receipt of payment. During the high season and promotions it may be longer, in which case we will inform the Customer.
  2. We ship orders by InPost courier or to an InPost Paczkomat parcel locker. Delivery usually takes 1 to 2 working days from dispatch.
  3. Delivery is charged, except for orders over 200 PLN and “free delivery” promotions.
  4. Shipping abroad is priced individually. Just write to contact@melchika.com with your delivery address.
  5. Personal collection is not possible.
  6. We recommend checking the parcel on delivery. If it is damaged, it is worth drawing up a damage report with the courier and writing to contact@melchika.com. The absence of a report does not limit the Consumer's right to make a complaint.

§ 5. Withdrawal from the contract (returns)

  1. The Consumer may withdraw from the contract without giving any reason within 14 days of receiving the goods.
  2. To withdraw from the contract, it is enough to fill in the online return form or send a statement to contact@melchika.com or to the Shop's address before the deadline. You may use the model form in the annex, but it is not obligatory.
  3. The goods should be sent back within 14 days of withdrawing from the contract to InPost Paczkomat locker POZ28H (preferred) or to: Paweł Białas, ul. Rolna 31/61, 61-491 Poznań, Poland. Please include your order number.
  4. The cost of returning the goods is borne by the Consumer.
  5. We refund all payments, including the cost of delivery to the Customer (up to the cost of the cheapest delivery option offered), without undue delay and no later than 14 days after receiving the withdrawal statement. The refund is made using the same payment method, unless the Consumer agrees to a different one. We may withhold the refund until we receive the goods or proof that they have been sent back.
  6. The Consumer is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning. You may try the hat on, but you should not wear or wash it.
  7. The right of withdrawal does not apply to products made to the Customer's individual specification, e.g. in a non-standard colour or size or with personalisation.

§ 6. Complaints

  1. Melchika is liable to the Consumer for the conformity of the goods with the contract if the lack of conformity becomes apparent within 2 years of delivery of the goods.
  2. Complaints can be made by email to contact@melchika.com or in writing to the Shop's address. Please include a description of the problem, your order number and a photo of the defect.
  3. The Consumer may request repair or replacement of the goods and, in the cases specified in the Polish Consumer Rights Act, a price reduction or withdrawal from the contract.
  4. We respond to complaints within 14 days of receiving them.
  5. If the goods are needed to process the complaint, the cost of sending them back is borne by Melchika.
  6. Colour shades in the photos may differ slightly from the actual ones due to monitor settings and yarn batches. Such differences do not constitute a lack of conformity of the goods with the contract.
  7. Sale goods sold with a defect described in the offer are not subject to complaints regarding that defect.

§ 7. Personal data and cookies

  1. The controller of personal data is Paweł Białas, ul. Rolna 31/61, 61-491 Poznań, Poland, email: contact@melchika.com, phone +48 570 213 842.
  2. We process data in order to:
    a) fulfil orders and maintain accounts (Art. 6(1)(b) GDPR),
    b) comply with accounting and tax obligations (Art. 6(1)(c) GDPR),
    c) handle complaints and pursue claims (Art. 6(1)(f) GDPR),
    d) send commercial information, if the Customer has consented to it (Art. 6(1)(a) GDPR).
  3. Recipients of the data may include courier companies, the payment operator PayPro S.A., IT and hosting service providers and accounting service providers.
  4. We keep data for the duration of the contract and then for the period required by tax law and until claims become time-barred. Data processed on the basis of consent is kept until consent is withdrawn.
  5. Customers have the right to access their data, rectify it, erase it, restrict its processing, port it, object to processing and withdraw consent at any time, without affecting the lawfulness of processing carried out before withdrawal.
  6. Providing data is voluntary but necessary to fulfil the order.
  7. We do not make decisions about Customers based solely on automated processing, including profiling.
  8. Customers have the right to lodge a complaint with the President of the Personal Data Protection Office (UODO) in Poland.
  9. The Shop uses cookies that are necessary for the website to work (e.g. for the cart and logging in). We use statistical and marketing cookies only with the Customer's consent. Cookie settings can be changed in your browser.

§ 8. Final provisions

  1. Melchika may change these Terms and Conditions for important reasons, e.g. changes in the law or in the way the Shop operates. Changes are published on melchika.com. They do not apply to orders placed before they take effect.
  2. Matters not regulated in these Terms and Conditions are governed by Polish law, in particular the Civil Code and the Consumer Rights Act.
  3. We try to resolve disputes amicably. Consumers may seek help from a municipal or district consumer ombudsman or from the regional inspectorate of the Trade Inspection.
  4. Disputes with Consumers are settled by the court having jurisdiction under general rules. Disputes with Customers who are not Consumers are settled by the court having jurisdiction over Melchika's registered office.
  5. These Terms and Conditions apply from [date].

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

To: Paweł Białas, ul. Rolna 31/61, 61-491 Poznań, Poland, contact@melchika.com

I/We () hereby give notice that I/We () withdraw from my/our contract of sale of the following goods:
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:

(*) Delete as appropriate.