Terms and Conditions of Use

Online Store Terms and Conditions

§ 1

Preliminary provisions

The Factory Molds online store, available at the web address https://factorymolds.com/en/, is operated by Anna Skliar, conducting business under the business name Mydlany Prezenty – Anna Skliar, entered in the Central Registration and Information on Economic Activity (CEIDG) maintained by the minister responsible for economic affairs, NIP 8863033328, REGON 528585581

2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding distance Sales Agreements with the Client via the Store.

§ 2

Definitions

Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller - a natural person conducting business activity under a business nameMydlane Prezenty - Anna Skliar, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister responsible for economic affairs, NIP 8863033328, REGON 528585581
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit without legal personality that is granted legal capacity by a separate act, conducting business activity in its own name, that uses the Store.
Shop - online store operated by the Seller at the internet address https://factorymolds.com/en/
Distance contract - a contract concluded with the Client under an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Terms and Conditions - these Store Terms and Conditions.
Order - declaration of intent of the Client submitted via the Order Form and directly aimed at concluding a Sales Agreement for the Product or Products with the Seller.
Account - customer account in the Store, the data provided by the Customer and information about Orders placed by the Customer in the Store are collected in it.
Registration form - a form available in the Store, enabling the creation of an Account.
Order form - interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Cart – an element of the Store's software in which the Products selected by the Client for purchase are visible, and where it is also possible to set and modify Order data, in particular the quantity of products.
Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Client and the Seller.
Sales Agreement - a contract of sale of the Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement is also understood to mean - as applicable to the characteristics of the Product - a contract for the provision of services and a contract for specific work.

§ 3

Contact the Store

Seller Address: Janusza Kusocińskiego 19, Walbrzych, 58-309
Seller's e-mail address: infoline@factorymolds.com
Seller's phone number: +48 537 147 883
Seller's bank account number 10 1090 2271 0000 0001 5810 8740
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may contact the Seller by phone during the hours of 9:00 – 17:00

§ 4

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

end device with access to the Internet and a web browser, such as a smartphone, computer, tablet
an active email account (e-mail),
cookie support enabled,,
installed FlashPlayer program.

§ 5

General information

The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions, in the operation of the Store caused by force majeure, unlawful actions of third parties, or the incompatibility of the Online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products included in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data enabling the processing of the Order without creating an Account.
The prices listed in the Store are given in Polish zloty and are net prices (include VAT).
The final (ultimate) amount payable by the Customer consists of the price for the Product and the delivery cost (including charges for transport, delivery and postal services), of which the Customer is informed on the Store's pages during the placement of the Order, including at the time of expressing the will to be bound by the Sales Agreement.
In the case of an Agreement covering a subscription or the provision of services for an indefinite period, the final (ultimate) price is the total price including all payments for the billing period.
When the nature of the subject of the Contract does not allow, when reasonably assessed, for prior calculation of the amount of the final (ultimate) price, information on how the price will be calculated, as well as on charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

§ 6

Creating an Account in the Store

Making purchases in the store DOES NOT REQUIRE creating an account.
To create an Account in the Store, you must complete the Registration Form.
Creating an Account in the Store is free and voluntary.
Logging into the Account is done by providing the login and password set in the Registration Form.
The Customer may, at any time, without stating a reason and without incurring any charges on that account, delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7

Rules for placing an Order

To place an Order, you need to:

log in to the Store (optional);
select the Product that is the subject of the Order, and then click the „Add to cart” button (or equivalent);
log in or use the option to place an Order without registration;
if the option to place an Order without registration has been selected - complete the Order Form by entering the Order recipient's details and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details if they are different from the details of the recipient of the Order,
click the “Order and pay” button/click the “Order and pay” button and confirm the order by clicking the link sent in the e-mail message,
choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 8 item 3.
In the case of purchasing products for further resale, written consent of the business operator (Mydlane Prezenty – Anna Skliar) is required.
The use of photos, photographs, graphics, and product descriptions constituting an expression of creative activity of an individual nature - protected by the copyrights of the company Mydlane Prezenty is prohibited

§ 8

Offered delivery and payment methods

The Customer may use the following methods of delivery or collection of the ordered Product:
1. Courier delivery
2. Shipping to parcel locker
The customer may use the following payment methods:

Payment upon pickup at the physical store
Electronic payments
Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro”
Blik
Bank transfer

Detailed information about delivery methods and accepted payment methods can be found on the Store's pages.
The entity providing online payment services is Autopay S.A

§ 9

Performance of the sales contract

The conclusion of the Sales Agreement between the Customer and the Seller takes place after the prior submission by the Customer of the Order via the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.

After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by sending by the Seller to the Client an appropriate e-mail message to the e-mail address of the Client provided during the placement of the Order, which contains at least the Seller’s statements that it has received the Order and accepted it for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt by the Client of the above e-mail message, a Sales Agreement is concluded between the Client and the Seller.

In the case of selection by the Customer:

payments by bank transfer, electronic payments, The Client is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.

payment upon pickup in the physical store upon receipt of the shipment, the Customer is obliged to make payment upon receipt of the shipment.

If the Customer has chosen a delivery method other than personal pickup, the Product will be dispatched by the Seller within the period indicated in its description (subject to section 5 of this paragraph), in the manner chosen by the Customer when placing the Order.

And in the case of ordering Products with different delivery times, the delivery time is the longest specified time.

B In the case of ordering Products with different delivery dates, the Customer has the option to request delivery of the Products in partial deliveries or delivery of all Products after the entire order has been completed.

The start of the Product delivery period to the Customer is calculated as follows:

In the case of the Customer choosing the method of payment by bank transfer, electronic payments or payment card - from the date of crediting the Seller's bank account.

6. If the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer by the date indicated in the Product description. The Customer will additionally be informed by the Seller about the Product’s readiness for pickup by sending an appropriate e-mail to the Customer’s e-mail address provided when placing the Order.

7. In the case of ordering Products with different dates of readiness for pickup, the date of readiness for pickup is the longest provided date.

8. Delivery of the Product takes place within the territory of the European Union

9. Delivery of the Product to the Client is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery, and postal services) are indicated to the Client on the Online Store in the "Shipping costs" tab and during the placement of the Order, including at the time the Client expresses the intention to be bound by the Sales Agreement.

10. The proof of purchase for products is a receipt or an invoice WITHOUT VAT (the company Mydlane Prezenty is subject to exemption due to not exceeding 200 000 PLN in turnover (Art. 113 sec. 1 and 9 of the VAT Act) )

§ 10

Right of withdrawal from the contract

The consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
The actual color and size may differ from those in the product photo.

The running of the time limit specified in paragraph 1 begins upon delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.

In the case of an Agreement that covers multiple Products that are delivered separately, in batches, or in parts, the period indicated in section 1 runs from the delivery of the last item, batch, or part.

In the case of a Contract that involves the regular delivery of Products for a fixed period (subscription), the time limit indicated in sec. 1 begins to run from taking possession of the first of the Products.

The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of that deadline.

The statement may be sent by traditional mail, by fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which constitutes an annex to the Act of 30 May 2014 on Consumer Rights, however this is not mandatory.

If the Consumer submits the statement electronically, the Seller shall without delay send the Consumer, to the e-mail address provided by the Consumer, confirmation of receipt of the statement of withdrawal from the Agreement.

Effects of withdrawal from the Contract:

In the event of withdrawal from a Distance Contract, the Contract is deemed not to have been concluded.

In the event of withdrawal from the Agreement, the Seller shall reimburse the Consumer without undue delay, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the goods, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.

The Seller will make the refund using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not entail any costs for them.

The Seller may withhold the refund until the Product is received back or until the Seller is provided with proof of its return shipment, depending on which event occurs first.

The Consumer should send back the Product to the Seller’s address specified in these Terms and Conditions without undue delay, no later than 14 days from the day on which the Consumer informed the Seller of withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.

The Consumer bears the direct costs of returning the Product, also the costs of returning the Product, if, due to its nature, this Product could not have been returned by post in the usual manner.

The Consumer is only liable for the reduction in the value of the Product resulting from using it in a manner other than was necessary to determine the nature, characteristics and functioning of the Product.

9. In the event that, due to the nature of the Product, it cannot be returned by ordinary mail, information about this, as well as about the costs of returning the Product, will be included in the Product description in the Store.

10. The right to withdraw from a contract concluded at a distance does not apply to the Consumer with regard to the Contract:

in which the subject of the performance is a non-prefabricated item, manufactured according to the Consumer’s specifications or intended to meet his or her individualized needs,

in which the subject of the performance is an item delivered in sealed packaging, which cannot be returned after opening the packaging for reasons of health protection or hygiene, if the packaging was opened after delivery,

where the subject of the supply is goods which are liable to deteriorate rapidly or have a short shelf life,

for the provision of services, if the Seller has fully performed the service with the Consumer's express consent, who was informed before the commencement of performance that, after the Seller has performed the service, the Consumer would lose the right to withdraw from the Agreement,

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 expiry of the period for withdrawal from the Agreement,

in which the subject of the service are goods which, after delivery, by their nature, become inseparably connected with other goods,

in which the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which may take place only after 30 days have elapsed and the value of which depends on market fluctuations over which the Seller has no control,

in which the subject of the service is audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery,

the supply of newspapers, periodicals or magazines, except for a subscription contract,

for the supply of digital content that is not recorded on a tangible medium, if performance has begun with the Consumer's express consent before the expiry of the withdrawal period and after the Seller has informed the Consumer of the loss of the right to withdraw from the Agreement,

§ 11

Complaints and warranty

New Products are covered by the Sales Agreement.

In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint under the provisions concerning statutory warranty in the Civil Code.

If the Customer is an Entrepreneur, the parties exclude liability under thekojmi.ReklamacjShould be reported in writing or electronically to the Seller's addresses provided in these Terms and Conditions.

The Seller shall respond to the complaint request without delay, no later than within 14 days, and if they do not do so within this period, it shall be deemed that they have acknowledged the Customer’s request as justified.

Goods returned under the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.

§ 12

Out-of-court methods of handling complaints and pursuing claims

Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, and the rules for access to these procedures, is available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; ; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php. ;

The consumer has the following example options for using out-of-court methods of handling complaints and pursuing claims:

The consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Dz.U. of 2014, item 148, as amended), with a request for resolution of a dispute arising from the Agreement concluded with the Seller.

The consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Dz.U. of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of the dispute between the Consumer and the Seller.

The Consumer may obtain free assistance regarding the resolution of a dispute between the Consumer and the Seller, also by using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (m.in. Consumer Federation, Association of Polish Consumers).

§ 13

Personal data in the online store

The controller of the personal data of Customers collected via the Online Store is the Seller.

Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of the performance of the Sales Agreement, and if the Customer gives consent to this - also for marketing purposes.

Recipients of the personal data of the Customers of the online store may be:

In the case of a Customer who uses, in the Online Store, the delivery method via postal parcel or courier shipment, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary handling shipments on behalf of the Administrator.

In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator provides the collected personal data of the Customer, to the entity selected to handle the above payments in the Online Store.

4. The Customer has the right to access the content of their data and to correct it.

5. Providing personal data is voluntary; however, failure to provide the personal data specified in the Terms and Conditions that are necessary to conclude the Sales Agreement results in the inability to conclude that agreement.

§ 14

Final provisions

1. Contracts concluded via the Online Store are concluded in the Polish language.

2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, which are: changes in the law, changes to payment and delivery methods - to the extent that these changes affect the performance of the provisions of these Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means; the Act on Consumer Rights, the Personal Data Protection Act.