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Terms and Conditions

Terms and Conditions of the MAGALL Online Shop

This document primarily sets out the rules under which contracts are concluded in the Shop, including important information about the Seller, the Shop and the rights of Consumers.

Document dated: 24.09.2026

TABLE OF CONTENTS § 1 Definitions § 2 Contacting the Seller § 3 Technical requirements § 4 Shopping in the Shop § 5 Payments § 6 Order fulfilment § 7 Right of withdrawal from the contract § 8 Exceptions to the right of withdrawal from the contract § 9 Complaints § 10 Personal data § 11 Reservations Annex No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding statutory public holidays in Poland. Consumer – a Buyer who is a natural person purchasing in the Shop or taking steps towards making a purchase, not directly related to their business or professional activity. Account – a digital service within the meaning of the Consumer Rights Act, governed by separate terms and conditions, through which the Buyer may use additional functions in the Shop free of charge. Buyer – any entity purchasing in the Shop or taking steps towards making a purchase. Privileged Buyer – a Consumer or a Privileged Entrepreneur. Privileged Entrepreneur – a Buyer who is a natural person concluding or intending to conclude with the Seller, on the basis of the Terms and Conditions, a contract directly related to their business activity but not of a professional nature for them. Terms and Conditions – these terms and conditions. Shop – the MAGALL online shop operated by the Seller at https://magall.pl. Seller – MARCIN PIOTR GAJDA, an entrepreneur conducting business activity under the business name MAGA MARCIN GAJDA, entered in the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej) maintained by the minister competent for economic affairs and for maintaining the Central Register and Information on Economic Activity, NIP (Tax ID) 6442805577, REGON 385628622, ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights (Ustawa o prawach konsumenta).

§ 2 CONTACTING THE SELLER

  1. Postal address: ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice
  2. E-mail address: biuro.maga@outlook.com
  3. Telephone: +48791474612
  4. The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

  1. For the Shop to function properly, the following are required:
    • a device with Internet access
    • a web browser supporting JavaScript and cookies.
  2. In order to place an order in the Shop, in addition to the requirements set out in section 1, an active e-mail account is necessary.

§ 4 SHOPPING IN THE SHOP

  1. The product prices displayed in the Shop are the total prices for the product.
  2. The Seller points out that the total price of the order consists of the following, as indicated in the Shop: the price of the product and, where applicable in a given case, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Shop.
  4. The Buyer then selects the method of delivery of the goods and the method of payment for the order from among the options available in the Shop, and provides the data necessary to fulfil the order placed.
  5. The order is placed at the moment the Buyer confirms its content and accepts the Terms and Conditions.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Shop, i.e. create an Account in it, or make purchases without registration by providing their data with each order.

§ 5 PAYMENTS

  1. The following payment methods are available in the Shop:
    1. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    2. via a payment platform:
      • Autopay
      • InPost Pay
    3. cash on delivery, i.e. by card or in cash at the moment the goods are delivered to the Buyer;
  2. If payment via the payment platform Autopay is selected, the entity providing online payment services is Autopay S.A.
  3. If the Buyer selects payment in advance, the order must be paid for within 1 Business Day of placing the order.
  4. In situations where the manner of issuing and delivering settlement documents (e.g. invoices) is imposed on the Seller by generally applicable law, settlement documents are issued and delivered in accordance with those provisions. If, in accordance with the law, in particular due to a failure of the National e-Invoice System (Krajowy System e-Faktur), an invoice is to be delivered outside the system provided for in those provisions, the invoice in electronic form is sent to the Buyer's e-mail address provided by the Buyer in connection with purchases in the Shop, unless the Buyer agrees with the Seller on another method of sending the invoice.
  5. In situations other than those indicated in the preceding section, the Seller issues electronic invoices, which are sent to the Buyer's e-mail address provided by the Buyer in connection with purchases in the Shop, unless the Buyer agrees with the Seller on another method of sending the invoice.

§ 6 ORDER FULFILMENT

  1. The order fulfilment time is indicated in the Shop.
  2. If the Buyer has selected payment in advance for the order, the Seller will proceed to fulfil the order once it has been paid.
  3. Where, within a single order, the Buyer has purchased products with different fulfilment times, the order will be fulfilled within the time applicable to the product with the longest fulfilment time.
  4. Countries to which delivery is made:
    • Poland
    • Czech Republic
    • Slovakia
  5. The following delivery methods are available in the Shop:
    1. by courier company to the address indicated by the Buyer;
    2. to a parcel locker;
    3. to a pick-up point;
    4. to InPost parcel lockers (Paczkomat).
  6. The Buyer may collect the goods in person at the company's registered office during its opening hours.
  7. If the Buyer selects personal collection, the goods will be ready for collection within the indicated order fulfilment time.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Shop, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The withdrawal period expires after 14 days from the day:
    1. on which the Privileged Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
    2. on which the Privileged Buyer came into possession of the last item, lot or part, or on which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last item, lot or part, in the case of a contract obliging the transfer of ownership of multiple goods that are delivered separately, in lots or in parts.
  3. In order to exercise the right of withdrawal, the Privileged Buyer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). For this purpose, the Privileged Buyer may use the Seller's details provided in § 2 of the Terms and Conditions or use the withdrawal function referred to in section 4.
  4. A Privileged Buyer may exercise the right of withdrawal from a contract concluded via the Internet using the withdrawal function available on the website https://zwroty-shoper.pl/019ecfec-0acc-72be-a8f2-23f2f4c204c9/magall/pl_PL. If this function is used, the Seller will, without undue delay, send the Privileged Buyer an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail), including its content and the date and time of its submission.
  5. The Privileged Buyer may use the model withdrawal form placed at the end of the Terms and Conditions, however this is not mandatory.
  6. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send the communication concerning the exercise of their right of withdrawal before the withdrawal period has expired. EFFECTS OF WITHDRAWAL FROM THE CONTRACT
  7. In the event of withdrawal from the contract, the Seller shall reimburse to the Privileged Buyer all payments received from them including the costs of delivery of the goods (with the exception of supplementary costs resulting from the Privileged Buyer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal.
  8. The Seller will carry out the reimbursement using the same means of payment as were used by the Privileged Buyer in the initial transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
  9. If the Seller has not offered to collect the goods from the Privileged Buyer itself, it may withhold the reimbursement until it has received the goods back or until it has been supplied with proof of their having been sent back, whichever is earlier.
  10. The Seller requests that the goods be returned to the address: ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice without undue delay and in any event not later than 14 days from the day on which the Privileged Buyer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the period of 14 days has expired.
  11. The Privileged Buyer shall bear the direct cost of returning the goods.
  12. The Privileged Buyer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
  13. If, due to their nature, the goods cannot normally be returned by post, the Privileged Buyer will also have to bear the direct cost of returning the goods. The Privileged Buyer will be informed by the Seller of the estimated amount of these costs in the description of the goods in the Shop or when placing the order.
  14. Where it becomes necessary to refund funds for a transaction made by the Privileged Buyer with a payment card, the Seller will make the refund to the bank account linked to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The right of withdrawal from a distance contract referred to in § 7 of the Terms and Conditions does not apply to a contract:
    1. the subject of which is a non-prefabricated item, manufactured according to the specifications of the Privileged Buyer or serving to satisfy their individualised needs;
    2. the subject of which is an item that is liable to deteriorate rapidly or has a short shelf life;
    3. the subject of which is an item delivered in sealed packaging which, once the packaging has been opened, cannot be returned for reasons of health protection or hygiene, if the packaging has been opened after delivery;
    4. the subject of which are goods which, after delivery, due to their nature, become inseparably mixed with other items;
    5. the subject of which are sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
    6. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
    7. 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 withdrawal period.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable towards the Privileged Buyer for the conformity of the performance with the contract, as provided for by generally applicable law, in particular by the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints (including those concerning the operation of the Shop) be submitted to the postal or e-mail address indicated in § 2 of the Terms and Conditions.
  3. If a guarantee has been granted for a product, information about it and its terms is available in the Shop.
  4. The Seller will respond to the complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

  1. Goods
    1. In the event of a lack of conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
    2. The Seller is liable for any lack of conformity of the goods with the contract existing at the time of their delivery and becoming apparent within two years from that time, unless the shelf life of the goods, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
    3. Pursuant to the provisions of the Consumer Rights Act, in the event of a lack of conformity with the contract, the Privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
    4. In addition, the Privileged Buyer may submit a statement on:
      1. price reduction,
      2. withdrawal from the contract
      where:
      • the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
      • the Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4)-(6) of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract persists even though the Seller has attempted to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without first using the remedies set out in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or the circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Privileged Buyer.
    5. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at its own expense.
    6. The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
    7. In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer shall return the goods to the Seller without undue delay, at the Seller's expense, to the address ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice. The Seller shall refund the price to the Privileged Buyer without undue delay, no later than within 14 days from the date of receipt of the goods or proof of their having been sent back.
    8. The Seller shall refund to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than within 14 days from the date of receipt of the Privileged Buyer's statement on the price reduction.
  2. Out-of-court complaint handling and redress procedures
    1. The Seller informs the Consumer of the possibility of using out-of-court complaint handling and redress procedures. The rules of access to these procedures are available at the offices or on the websites of the entities authorised to resolve disputes out of court. The Consumer may, among other things, seek assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. The assistance of the European Consumer Centres is, as a rule, free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/ In addition, the following forms of support are available in the Republic of Poland:
      • mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the case to be heard before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    2. The preceding provision is for information purposes only and does not constitute an obligation of the Seller to use out-of-court dispute resolution methods.
    3. The use of out-of-court complaint handling and redress procedures is voluntary for both the Seller and the Consumer.
    4. The Consumer may additionally use the free assistance of a municipal or district (poviat) consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. For the avoidance of doubt, the Seller points out that the Seller's liability towards a Buyer other than a Privileged Buyer in connection with a complaint is governed by § 11 section 7.

§ 10 PERSONAL DATA

  1. The controller of the personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including the other purposes and legal bases of data processing, as well as the recipients of the data – can be found in the privacy policy available in the Shop – owing to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of the processing by the Seller of the Buyer's data provided by the Buyer in connection with purchases in the Shop is the fulfilment of orders. The legal basis for the processing of personal data in this case is:
    • the contract or steps taken at the Buyer's request prior to entering into it (Article 6(1) (b) GDPR),
    • a legal obligation to which the Seller is subject, related in particular to accounting and product safety (Article 6(1)(c) GDPR) and
    • the Seller's legitimate interest consisting in the processing of data for the purpose of establishing, pursuing or defending any claims (Article 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide the data will make it impossible to conclude a contract in the Shop.
  4. The Buyer's data provided in connection with purchases in the Shop will be processed until:
    1. the contract concluded between the Buyer and the Seller ceases to be in force;
    2. the Seller ceases to be subject to a legal obligation requiring it to process the Buyer's data;
    3. the possibility of the Buyer or the Seller pursuing claims related to the contract concluded via the Shop ceases;
    4. the Buyer's objection to the processing of their personal data is accepted – where the basis for the data processing was the Seller's legitimate interest
    – whichever applies in a given case.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. erasure,
    4. restriction of processing,
    5. transfer of the data to another controller as well as the right:
    6. to object at any time, on grounds relating to the Buyer's particular situation, to the processing of personal data concerning them which is based on Article 6(1) (f) GDPR (i.e. on the legitimate interests pursued by the Seller).
  6. In order to exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
  7. If the Buyer considers that their data are being processed unlawfully, the Buyer may lodge a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

§ 11 RESERVATIONS

  1. The Buyer is prohibited from providing content of an unlawful nature.
  2. Each order placed in the Shop constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration of, and for the purpose of, fulfilling the order.
  3. All contracts concluded on the basis of these Terms and Conditions are governed by Polish law, subject to section 4.
  4. The choice of Polish law for contracts concluded with a Consumer on the basis of the Terms and Conditions does not exclude or limit the rights of that Buyer under the mandatory provisions of law that would apply to the Consumer in the absence of a choice of law. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law – such broader protection shall apply.
  5. Contracts on the basis of the Terms and Conditions are concluded in Polish, English, Czech or Slovak – depending on the language version of the Shop used by the Buyer.
  6. In the event of any dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded via the Shop, the competent court shall be the court having jurisdiction over the Seller's registered office.
  7. Any liability of the Seller towards a Buyer who is not a Privileged Buyer under a contract concluded via the Shop - to the extent permitted by law - is excluded.
  8. With regard to the use of the Shop's website and the functions available on it, the Website Terms and Conditions available in the Shop apply.
Annex No. 1 to the Terms and Conditions Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM (complete and return this form only if you wish to withdraw from the contract)

MAGA MARCIN GAJDA ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice e-mail address: biuro.maga@outlook.com

- I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our contract of sale of the following goods(*) / for the provision of the following service(*): .............................................................................................................................................................................. .............................................................................................................................................................................. ..............................................................................................................................................................................

- Date of conclusion of the contract(*)/receipt(*) .............................................................................................................................................................................. - Name and surname of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. - Address of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. ..............................................................................................................................................................................

............................................................................................. Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if this form is submitted on paper) Date ............................................

(*) Delete as appropriate.

Terms and Conditions of the MAGALL Website ("Terms and Conditions")

Document dated: 24.09.2026

DEFINITIONS

Website

The MAGALL online shop, available at https://magall.pl, operated by the Service Provider.

Service Provider

MARCIN PIOTR GAJDA, an entrepreneur conducting business activity under the business name MAGA MARCIN GAJDA, entered in the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej) maintained by the minister competent for economic affairs and for maintaining the Central Register and Information on Economic Activity, NIP (Tax ID) 6442805577, REGON 385628622, ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice

Where expressions such as "we", "our", "us", etc. are used in the Terms and Conditions, they shall be understood as referring to the Service Provider.

Service Recipient

any entity using the Website, including the services available on it.

Consumer

A Service Recipient who is a natural person using the Website not directly related to their business or professional activity.

Privileged Entrepreneur

A Service Recipient who is a natural person concluding a contract on the basis of the Terms and Conditions (or taking steps towards concluding such a contract) directly related to their business activity but not of a professional nature for them.

Privileged Service Recipient

A Service Recipient who is a Consumer or a Privileged Entrepreneur.

CONTACT POINT

To contact us, you can use the following forms of electronic communication:

Irrespective of the forms of electronic communication – contact by telephone is also possible at:

+48791474612

LANGUAGE OF COMMUNICATION

You can contact us in Polish, English, Czech or Slovak.

TECHNICAL REQUIREMENTS

For the proper use of the Website, the following technical requirements must be met:

  • a device with Internet access,
  • a web browser supporting JavaScript and cookies,
  • an active e-mail account - if you use functions that require an e-mail address to be provided.

SERVICES ON THE WEBSITE

On our Website we provide digital services, as indicated below in the Terms and Conditions ("Services" or "Service").

Within the Website we distinguish the following Services:

a) Basic:

  • the possibility of browsing our Website
  • the possibility of placing an order (any sales contract is concluded on the basis of the Online Shop Terms and Conditions available on the Website)
  • a contact form allowing you to send us a message
  • the possibility of consenting to receive marketing messages from us by electronic means

and

b) Extended:

  • user account (the rules for using this service are set out separately in the Account Terms and Conditions available on the Website)
  • enabling subscription to the newsletter (the rules for using this service are set out separately in the Newsletter Terms and Conditions available on the Website)
  • a service enabling you to post your own content on the Website (the rules for using this service are described below, in the annex to these Terms and Conditions).

BASIC SERVICES

The use of the Basic Services on the Website is free of charge, entirely voluntary and dependent on your will.

In order to use a Basic Service, you should use the relevant functions of the Website.

We begin providing a Basic Service at the moment you start using that Service.

You may at any time, without incurring any costs, opt out of the provision of a Basic Service by ceasing to use that Service.

OTHER PROVISIONS CONCERNING THE SERVICES

Each use by you of a Service governed by this document constitutes a separate contract, and its current content - in the form of these Terms and Conditions - is available on the Website.

You are prohibited from providing content of an unlawful nature as part of the Services.

The contract is concluded in Polish, English, Czech or Slovak, for the duration of, and for the purpose of, providing the Service.

The contract is governed by Polish law, subject to the following sentence.

The choice of Polish law for a contract concluded with a Consumer on the basis of the Terms and Conditions does not exclude or limit your consumer rights under the mandatory provisions of law that would apply to you in the absence of a choice of law. This means in particular that if the national provisions applicable to you provide for broader consumer protection than that resulting from these Terms and Conditions or Polish law – such broader protection shall apply.

In the event of any dispute related to the contract, if you are not a Privileged Service Recipient, the competent court shall be the court having jurisdiction over our registered office.

Any liability on our part towards you in connection with a contract concluded on the basis of the Terms and Conditions - if you are not a Privileged Service Recipient - is excluded to the extent permitted by law.

COMPLAINT HANDLING

Please submit any complaints concerning the Website and the Services via the Contact Point, the details of which are given at the beginning of the Terms and Conditions.

We handle complaints within 14 days of their receipt.

Detailed complaint procedures for the Extended Services are set out separately, in the rules applicable to the given Service.

PRIVACY AND PERSONAL DATA

The rules for processing personal data and using cookies are set out in the privacy policy available on the Website.

Annex to the Terms and Conditions - Rules concerning User content posted on the Website

CONTENT POSTED BY USERS

We enable you to post, via our Website, content intended to be displayed on the Website.

We provide the service at the moment you use it. You may at any time opt out of posting content by ceasing to use this function.

Such content includes:

  • opinions about products (including services),
  • comments,
  • reviews.

We ensure that opinions come from persons who have used or purchased the product concerned. For this purpose, we send requests for opinions only to persons who have purchased a product from us.

RESTRICTIONS ON CONTENT POSTED BY USERS

Please remember that when using our Website you may not post illegal content (in particular content such as incitement to hatred, terrorist content and unlawful discriminatory content), or content that becomes illegal under applicable law because it relates to illegal activities. For example, the following activities are considered illegal content:

  • sharing images depicting child sexual abuse,
  • unlawful non-consensual sharing of private images,
  • cyberstalking,
  • unauthorised use of copyright-protected material,
  • illegal offering of accommodation services,
  • illegal sale of live animals.

You should also not post content that violates the principles of social coexistence or is inconsistent with the terms of use of our Services, including the provisions, rules, terms and conditions related to our Website – to the extent that they concern the posting of content by you on the Website.

In particular, when using our Website, it is prohibited to post content which may constitute:

  • Humiliating, offensive or degrading material: any content that may be considered offensive or degrading, as well as content that may infringe anyone's good name.
  • Erotic content: pornographic material or other content of an explicitly sexual nature.
  • False information and disinformation: dissemination of false information or content misleading users, in particular as regards the state of medical or scientific knowledge.
  • Propaganda and totalitarian ideologies: material promoting ideologies or activities considered illegal in Poland or undermining the values of a democratic state ruled by law.
  • Spam and unsolicited advertising information: sending or publishing unsolicited advertising or marketing material.
  • Infringement of intellectual property rights: publishing content without appropriate rights or licences, infringing copyrights or industrial property rights.
  • Impersonating other users: pretending to be someone else or publishing content on behalf of another person without their consent.
  • Content unrelated to the activity of the Website: publishing material that is not related to the subject matter or purpose of the Website.
  • Content generally regarded as indecent: including profanity.

REPORTING ILLEGAL CONTENT

If you wish to report illegal content to us, please contact us via the Contact Point, the details of which are given at the beginning of the Terms and Conditions.

 

Please include the following in your notice:
  • A sufficiently substantiated explanation of the reasons why you allege that the information in question constitutes illegal content.
  • A clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, adapted to the type of content and to the specific type of hosting service.
  • Your name and surname or company name and e-mail address - except in the case of a notice concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (i.e. sexual offences against children and child pornography).
  • A statement confirming your bona fide belief that the information and allegations contained in the notice are accurate and complete.

It is sufficient for you to include this information in your message. You may use the model notice provided below.

We collect this information on the basis of Article 16(2) of 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), the so-called DSA.

If you send the notice by e-mail or provide your electronic contact details in it – we will confirm receipt of the notice to you.

We will also inform you of the action we have taken with regard to the illegal content you reported and of the possibilities of appealing against our decision.

MODEL NOTICE OF ILLEGAL INFORMATION

In order to streamline the process of reporting illegal content, we encourage you to submit information in accordance with the model below. Use of the model is NOT mandatory.

Name and surname of the notifier: ……………………….

E-mail address of the notifier: ………………………

(The fields for the notifier's details do not apply to notices concerning information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU, i.e. sexual offences against children and child pornography)

URL address(es) at which the content I am reporting is located: ……………………………………………………………………………………………………………

Any additional information enabling identification of the reported content: ……………………………………………………………

Substantiated explanation of the reasons why I allege that the reported information constitutes illegal content:

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

I declare that I have a bona fide belief that the information and allegations contained in my notice are accurate and complete.

CONTENT MODERATION

Content posted by users is moderated by us in response to notices from users.

We respond to all notices concerning a possible infringement of the law or of the principles of social coexistence, or of the provisions, rules, terms and conditions related to our Website. We promptly take appropriate action to remove or disable access to illegal content – as soon as we obtain such knowledge or awareness.

We may also moderate content posted by users on our own initiative. Please note that we are not obliged to actively search for illegal content.

Content moderation takes place on the basis of the law, in particular the provisions of the Digital Services Act (DSA).

STATEMENT OF REASONS FOR ACTIONS WE TAKE WITH REGARD TO USER CONTENT

Where action is taken with regard to content that is illegal or incompatible with the rules described in this document, we inform all recipients concerned – provided that we know their relevant electronic contact details – of the restrictions imposed on the content or on the user responsible for it, insofar as they apply given the nature of the service or other provisions of contracts binding on us, in the form of:

  • Restrictions on the visibility of specific information provided by us, including removal of content, disabling access to content or demoting content.
  • Suspension, termination or other restriction of monetary payments.
  • Suspension or termination of the provision of the service in whole or in part.
  • Suspension or termination of the service recipient's account.

Every action we take will be accompanied by a statement of reasons.

We may refrain from providing such information where the content is deceptive high-volume commercial content.

COMPLAINTS AND GRIEVANCES

Please submit any complaints and grievances concerning content posted by Users or the service enabling it to be posted to the postal or e-mail address indicated in the Terms and Conditions.

We will respond to the complaint within 14 days of receipt of the complaint.

PRIVILEGED SERVICE RECIPIENTS

The provisions of this section apply only to Privileged Service Recipients.

If you are a Privileged Service Recipient, then where a contract is concluded with you for the provision of the service of posting content on the Website (the "Contract"), we are liable towards you for the conformity of the performance with the Contract, as provided for by generally applicable law, in particular by the provisions of the Consumer Rights Act.

In the event of improper performance of the Contract by us, you may exercise the rights set out in Chapter 5b of the Consumer Rights Act.

If we have not supplied the digital service, you may call on us to supply it. If we nevertheless fail to supply the digital service without undue delay or within an additional period expressly agreed between you and us, you may withdraw from the Contract.

You may withdraw from the Contract without calling on us to supply the digital service if:

  • it is clear from our statement or the circumstances that we will not supply the digital service, or
  • we have agreed with you, or it is clear from the circumstances of the conclusion of the Contract, that a specific time for supplying the digital service was essential for you, and we failed to supply it within that time.

If the digital service is not in conformity with the Contract, you may demand that it be brought into conformity with the Contract.

In the event of a lack of conformity of the digital service with the Contract, you are obliged to cooperate with us, to a reasonable extent and using the technical means that are least burdensome for you, in order to determine whether the lack of conformity of the digital service with the Contract at the relevant time results from the characteristics of your digital environment.

In addition, if the digital service is not in conformity with the Contract, you may submit a statement of withdrawal from the Contract where:

  • bringing the digital service into conformity with the Contract is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
  • we have not brought the digital service into conformity with the Contract within a reasonable time from the moment we were informed by you of the lack of conformity with the Contract, and without undue inconvenience to you, taking into account the nature of the digital service and the purpose for which it is used;
  • the lack of conformity of the digital service with the Contract persists even though we have attempted to bring the digital service into conformity with the Contract;
  • the lack of conformity of the digital service with the Contract is so significant that it justifies withdrawal from the Contract without first using the remedy set out in Article 43m of the Consumer Rights Act (i.e. a demand that the digital service be brought into conformity with the Contract);
  • it is clear from our statement or the circumstances that we will not bring the digital service into conformity with the Contract within a reasonable time or without undue inconvenience to you.

Out-of-court complaint handling and redress procedures

If you are a Consumer, we inform you of the possibility of using out-of-court complaint handling and redress procedures. The rules of access to these procedures are available at the offices or on the websites of the entities authorised to resolve disputes out of court. As a Consumer, you may, among other things, seek assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. The assistance of the European Consumer Centres is, as a rule, free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/

In addition, the following forms of support are available in the Republic of Poland:

  • mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  • assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the case to be heard before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

The preceding provision is for information purposes only and does not constitute an obligation on our part to use out-of-court dispute resolution methods.

The use of out-of-court complaint handling and redress procedures is voluntary for both us and the Consumer.

As a Consumer, you may additionally use the free assistance of a municipal or district (poviat) consumer ombudsman.

Right of withdrawal from the contract

If you are a Privileged Service Recipient, you have the right to withdraw from the Contract concluded with us within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day of conclusion of the Contract.

In order to exercise the right of withdrawal from the Contract, you must inform us of your decision to withdraw from the Contract by means of an unequivocal statement (for example, a letter sent by post or e-mail).

For this purpose, you may use our details provided in the Terms and Conditions or withdraw from a contract concluded via the Internet using the withdrawal function. It is available on the website https://zwroty-shoper.pl/019ecfec-0acc-72be-a8f2-23f2f4c204c9/magall/pl_PL. If you use this function, we will, without undue delay, send you an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail), including its content and the date and time of its submission.

You may use the model withdrawal form provided below, however this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of your right of withdrawal from the Contract before the withdrawal period has expired.

Below is a model withdrawal form which, as a Consumer or Privileged Entrepreneur, you may, but are not obliged to, use:

MODEL WITHDRAWAL FORM (complete and return this form only if you wish to withdraw from the contract)

MAGA MARCIN GAJDA ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice e-mail address: biuro.maga@outlook.com

- I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our contract for the provision of the following service(*) / for the supply of the following digital content(*): .............................................................................................................................................................................. .............................................................................................................................................................................. ..............................................................................................................................................................................

- Date of conclusion of the contract(*) .............................................................................................................................................................................. - Name and surname of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. - Address of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. ..............................................................................................................................................................................

............................................................................................. Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if this form is submitted on paper) Date ............................................

(*) Delete as appropriate.

Account Terms and Conditions

in the MAGALL shop

TABLE OF CONTENTS § 1 Definitions § 2 Contacting the Service Provider § 3 Technical requirements § 4 Account § 5 Complaints § 6 Right of withdrawal from the contract § 7 Personal data § 8 Changes to the Terms and Conditions or the Account § 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and who has concluded an Account maintenance contract on the basis of the Terms and Conditions or is taking steps towards concluding it, not directly related to their business or professional activity. Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge by electronic means by the Service Provider to the Service Recipient, through which the Service Recipient may use additional functions in the Shop. Privileged Entrepreneur - a Service Recipient who is a natural person concluding an Account maintenance contract on the basis of the Terms and Conditions (or taking steps towards concluding it) directly related to their business activity but not of a professional nature for them. Terms and Conditions - these Account terms and conditions. Shop – the MAGALL online shop operated by the Service Provider at https://magall.pl Service Recipient - any entity that has concluded an Account maintenance contract or is taking steps towards concluding it. Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur. Service Provider - MARCIN PIOTR GAJDA, an entrepreneur conducting business activity under the business name MAGA MARCIN GAJDA, entered in the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej) maintained by the minister competent for economic affairs and for maintaining the Central Register and Information on Economic Activity, NIP (Tax ID) 6442805577, REGON 385628622, ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights (Ustawa o prawach konsumenta).

§ 2 CONTACTING THE SERVICE PROVIDER

  1. Postal address: ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice
  2. E-mail address: biuro.maga@outlook.com
  3. Telephone: +48791474612
  4. The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

  1. For the Account to function properly and to be created, the following are required:
    • an active e-mail account,
    • a device with Internet access,
    • a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and dependent on the will of the Service Recipient.
  2. The Account gives the Service Recipient additional options, such as: viewing the history of orders placed by the Service Recipient in the Shop, checking the order status or editing the Service Recipient's data independently.
  3. In order to create an Account, the relevant form in the Shop must be completed.
  4. At the moment the Account is created, an Account maintenance contract is concluded for an indefinite period between the Service Recipient and the Service Provider on the terms set out in the Terms and Conditions.
  5. The Service Provider begins providing the Account maintenance service on the terms set out in the Terms and Conditions immediately after the conclusion of the Account maintenance contract.
  6. The Service Recipient may opt out of the Account at any time without incurring any costs.
  7. Deletion of the Account results in termination of the Account maintenance contract. In order for the Account to be deleted by the Service Provider, a notice of resignation from the Account should be sent to the Service Provider's e-mail address given in § 2 of the Terms and Conditions, which will result in the immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider requests that complaints concerning the Account be submitted to the postal or e-mail address indicated in § 2 of the Terms and Conditions.
  2. The Service Provider will respond to the complaint within 14 days of receipt of the complaint.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable towards the Privileged Service Recipient for the conformity of the performance with the contract, as provided for by generally applicable law, in particular by the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Account maintenance contract by the Service Provider, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may call on it to supply it. If the Service Provider nevertheless fails to supply the digital service without undue delay or within an additional period expressly agreed between the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account maintenance contract.
  4. The Privileged Service Recipient may withdraw from the Account maintenance contract without calling for the digital service to be supplied if:
    1. it is clear from the Service Provider's statement or the circumstances that it will not supply the digital service, or
    2. the Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances of the conclusion of the Account maintenance contract, that a specific time for supplying the digital service was essential for the Privileged Service Recipient, and the Service Provider failed to supply it within that time.
  5. The Service Provider is liable for any lack of conformity with the Account maintenance contract of a digital service supplied continuously which occurred or became apparent during the period in which the service was to be supplied under that contract.
  6. If the digital service is not in conformity with the Account maintenance contract, the Privileged Service Recipient may demand that it be brought into conformity with that contract.
  7. In the event of a lack of conformity of the digital service with the Account maintenance contract, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the technical means that are least burdensome for them, in order to determine whether the lack of conformity of the digital service with the Account maintenance contract at the relevant time results from the characteristics of the Privileged Service Recipient's digital environment.
  8. In addition, if the digital service is not in conformity with the Account maintenance contract, the Privileged Service Recipient may submit a statement of withdrawal from that contract where:
    1. bringing the digital service into conformity with the Account maintenance contract is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity with the Account maintenance contract within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with that contract, and without undue inconvenience to the Privileged Service Recipient, taking into account the nature of the digital service and the purpose for which it is used;
    3. the lack of conformity of the digital service with the Account maintenance contract persists even though the Service Provider has attempted to bring the digital service into conformity with that contract;
    4. the lack of conformity of the digital service with the Account maintenance contract is so significant that it justifies withdrawal from the Account maintenance contract without first using the remedy set out in Article 43m of the Consumer Rights Act (i.e. a demand that the digital service be brought into conformity with the contract);
    5. it is clear from the Service Provider's statement or the circumstances that it will not bring the digital service into conformity with the Account maintenance contract within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES

  1. The Service Provider informs the Consumer of the possibility of using out-of-court complaint handling and redress procedures. The rules of access to these procedures are available at the offices or on the websites of the entities authorised to resolve disputes out of court. The Consumer may, among other things, seek assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. The assistance of the European Consumer Centres is, as a rule, free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/ In addition, the following forms of support are available in the Republic of Poland:
    • mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the case to be heard before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  2. The preceding provision is for information purposes only and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
  3. The use of out-of-court complaint handling and redress procedures is voluntary for both the Service Provider and the Consumer.
  4. The Consumer may additionally use the free assistance of a municipal or district (poviat) consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Privileged Service Recipient has the right to withdraw from the Account maintenance contract concluded with the Service Provider within 14 days without giving any reason.
  2. The period for withdrawal from the Account maintenance contract expires after 14 days from the day of conclusion of that contract.
  3. In order to exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). For this purpose, the Privileged Service Recipient may use the Service Provider's details provided in § 2 of the Terms and Conditions or use the withdrawal function referred to in section 4.
  4. The Privileged Service Recipient may exercise the right of withdrawal from a contract concluded via the Internet using the withdrawal function available on the website https://zwroty-shoper.pl/019ecfec-0acc-72be-a8f2-23f2f4c204c9/magall/pl_PL. If this function is used, the Service Provider will, without undue delay, send the Privileged Service Recipient an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail), including its content and the date and time of its submission.
  5. The Privileged Service Recipient may use the model withdrawal form placed at the end of the Terms and Conditions, however this is not mandatory.
  6. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send the communication concerning the exercise of their right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

  1. The controller of the personal data provided by the Service Recipient in connection with the conclusion of the Account maintenance contract is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including the other purposes and legal bases of data processing, as well as the recipients of the data – can be found in the privacy policy available in the Shop – owing to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of processing the Service Recipient's data is to maintain the Account. The legal basis for the processing of personal data in this case is the Account maintenance contract or steps taken at the Service Recipient's request prior to entering into it (Article 6(1)(b) GDPR), as well as the Service Provider's legitimate interest consisting in the processing of data for the purpose of establishing, pursuing or defending any claims (Article 6(1)(f) GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the Account maintenance contract and to provide the services covered by it. Failure to provide the data means that the Account maintenance contract cannot be concluded and the Service Provider will not be able to provide the services covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Account maintenance contract ceases to be in force;
    2. the possibility of the Service Recipient or the Service Provider pursuing claims related to the Account ceases;
    3. the Service Recipient's objection to the processing of their personal data is accepted – where the basis for the data processing was the Service Provider's legitimate interest
    – whichever applies in a given case.
  5. The Service Recipient has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. erasure,
    4. restriction of processing,
    5. transfer of the data to another controller as well as the right:
    6. to object at any time, on grounds relating to the Service Recipient's particular situation, to the processing of personal data concerning them which is based on Article 6(1) (f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
  6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient considers that their data are being processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

  1. The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood as the need to amend the Terms and Conditions due to:
    1. a change in the functionality of the Account requiring modification of the Terms and Conditions, or
    2. a change in the law affecting the performance of the Account maintenance contract by the Service Provider, or adaptation of the services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
    3. a change in the contact or identification details of the Service Provider.
  2. Information about a planned amendment to the Terms and Conditions will be sent to the Service Recipient's e-mail address assigned to the Account at least 7 days before the changes come into force.
  3. If the Service Recipient does not object to the planned changes by the time they come into force, they are deemed to have accepted them, which does not constitute any obstacle to terminating the contract in the future.
  4. If the Service Recipient does not accept the planned changes, they should send information to that effect to the Service Provider's e-mail address given in § 2 of the Terms and Conditions, which will result in termination of the Account maintenance contract upon the entry into force of the planned changes.
  5. The Service Provider may make a change to the Account that is not necessary to keep it in conformity with the Account maintenance contract, for the reason indicated in section 1(b) or due to a change in the functionality of the Account. The introduction of the change referred to in the preceding sentence will not involve any costs for the Privileged Service Recipient. The provisions of sections 2-4 apply accordingly.
  6. If the change referred to in section 5 significantly and negatively affects the Privileged Service Recipient's access to or use of the Account, the Service Provider will send to the Privileged Service Recipient's e-mail address, reasonably in advance, on a durable medium, information about the characteristics and timing of that change and the rights of the Privileged Service Recipient in connection with that change.

§ 9 FINAL PROVISIONS

  1. The Service Recipient is prohibited from providing content of an unlawful nature.
  2. The Account maintenance contract is concluded in Polish, English, Czech or Slovak – depending on the language version of the Shop used by the Buyer.
  3. A contract concluded on the basis of these Terms and Conditions is governed by Polish law, subject to section 4.
  4. The choice of Polish law for a contract concluded with a Consumer on the basis of the Terms and Conditions does not exclude or limit the rights of the Consumer under the mandatory provisions of law that would apply to the Consumer in the absence of a choice of law. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law – such broader protection shall apply.
  5. In the event of any dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Account maintenance contract, the competent court shall be the court having jurisdiction over the Service Provider's registered office.
  6. Any liability of the Service Provider in connection with the Account maintenance contract towards a Service Recipient who is not a Privileged Service Recipient is excluded to the extent permitted by law.
  7. With regard to the use of the Shop's website and the functions available on it, the Website Terms and Conditions available in the Shop apply.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM (complete and return this form only if you wish to withdraw from the contract)

MAGA MARCIN GAJDA ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice e-mail address: biuro.maga@outlook.com

- I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our contract for the provision of the following service(*) / for the supply of the following digital content(*): .............................................................................................................................................................................. .............................................................................................................................................................................. ..............................................................................................................................................................................

- Date of conclusion of the contract(*) .............................................................................................................................................................................. - Name and surname of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. - Address of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. ..............................................................................................................................................................................

............................................................................................. Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if this form is submitted on paper) Date ............................................

(*) Delete as appropriate.

Newsletter Terms and Conditions

in the MAGALL shop

TABLE OF CONTENTS § 1 Definitions § 2 Contacting the Service Provider § 3 Technical requirements § 4 Contract § 5 Complaints § 6 Right of withdrawal from the Contract § 7 Personal data § 8 Changes to the Terms and Conditions or the Newsletter § 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and who has concluded the Contract or is taking steps towards concluding it, not directly related to their business or professional activity. Newsletter – messages concerning the Shop, including information about offers, promotions and new products in the Shop, supplied free of charge to the Service Recipient by the Service Provider under the Contract, constituting digital content within the meaning of the Consumer Rights Act. Privileged Entrepreneur - a Service Recipient who is a natural person concluding the Contract (or taking steps towards concluding it) directly related to their business activity but not of a professional nature for them. Terms and Conditions – these terms and conditions. Shop – the MAGALL online shop operated by the Service Provider at https://magall.pl. Contract – the contract for the supply of the Newsletter. Service Recipient – any entity that has concluded the Contract or is taking steps towards concluding it. Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur. Service Provider – MARCIN PIOTR GAJDA, an entrepreneur conducting business activity under the business name MAGA MARCIN GAJDA, entered in the Central Register and Information on Economic Activity (Centralna Ewidencja i Informacja o Działalności Gospodarczej) maintained by the minister competent for economic affairs and for maintaining the Central Register and Information on Economic Activity, NIP (Tax ID) 6442805577, REGON 385628622, ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice. Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights (Ustawa o prawach konsumenta).

§ 2 CONTACTING THE SERVICE PROVIDER

  1. Postal address: ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice
  2. E-mail address: biuro.maga@outlook.com
  3. Telephone: +48791474612
  4. The cost of a telephone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

  1. In order to use the digital content covered by the Terms and Conditions, the following are required:
    • an active e-mail account;
    • a device with Internet access;
    • a web browser supporting JavaScript and cookies.

§ 4 CONTRACT

  1. The Service Recipient may voluntarily subscribe to the Newsletter.
  2. In order to receive the Newsletter, it is necessary to conclude the Contract.
  3. E-mail messages sent under the Contract will be directed to the e-mail address provided by the Service Recipient when concluding the Contract.
  4. In order to conclude the Contract, the Service Recipient, as a first step, enters in the designated place in the Shop the e-mail address at which they wish to receive messages sent under the Contract. At the moment of subscribing to the Newsletter, the Contract is concluded for an indefinite period, and the Service Provider will begin performing it for the Service Recipient – subject to section 5.
  5. For the proper performance of the Contract, the Service Recipient is obliged to provide their correct e-mail address.
  6. The Newsletter is supplied immediately after the Service Provider has created the messages intended for Service Recipients.
  7. Messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as an unsubscribe link.
  8. The Service Recipient may unsubscribe from the Newsletter at any time, without giving any reason and without incurring any costs, by using the option referred to in the preceding provision or by sending a message to the Service Provider's e-mail address given in § 2 of the Terms and Conditions.
  9. Use by the Service Recipient of the link to unsubscribe from the Newsletter or sending a message requesting to be unsubscribed from the Newsletter will result in the immediate termination of the Contract.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider requests that complaints concerning the digital content covered by the Terms and Conditions be submitted to the postal or e-mail address indicated in § 2 of the Terms and Conditions.
  2. The Service Provider will respond to the complaint within 14 days of receipt of the complaint.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable towards the Privileged Service Recipient for the conformity of the performance with the Contract, as provided for by generally applicable law, in particular by the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Contract by the Service Provider, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not supplied the digital content covered by the Contract, the Privileged Service Recipient may call on it to supply it. If the Service Provider nevertheless fails to supply the digital content covered by the Contract without undue delay or within an additional period expressly agreed between the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Contract.
  4. The Privileged Service Recipient may withdraw from the Contract without calling for the digital content covered by the Contract to be supplied if:
    • it is clear from the Service Provider's statement or the circumstances that it will not supply the digital content covered by the Contract, or
    • the Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances of the conclusion of the Contract, that a specific time for supplying the digital content covered by the Contract was essential for the Privileged Service Recipient, and the Service Provider failed to supply it within that time.
  5. The Service Provider is liable for any lack of conformity of the Newsletter with the Contract which – given that the Newsletter is supplied continuously - occurred or became apparent during the period in which it was to be supplied under the Contract.
  6. If the digital content covered by the Terms and Conditions is not in conformity with the Contract, the Privileged Service Recipient may demand that it be brought into conformity with the Contract.
  7. In the event of a lack of conformity with the Contract of the digital content covered by the Terms and Conditions, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the technical means that are least burdensome for them, in order to determine whether the lack of conformity with the Contract at the relevant time results from the characteristics of the Privileged Service Recipient's digital environment.
  8. In addition, if the digital content covered by the Terms and Conditions is not in conformity with the Contract, the Privileged Service Recipient may submit a statement of withdrawal from the Contract where:
    • bringing that digital content into conformity with the Contract is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    • the Service Provider has not brought the digital content covered by the Terms and Conditions into conformity with the Contract within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with the Contract, and without undue inconvenience to the Privileged Service Recipient, taking into account its nature and the purpose for which it is used;
    • the lack of conformity with the Contract of the digital content covered by the Terms and Conditions persists even though the Service Provider has attempted to bring it into conformity with the Contract;
    • the lack of conformity with the Contract of the digital content covered by the Terms and Conditions is so significant that it justifies withdrawal from the Contract without first using the remedy set out in Article 43m of the Consumer Rights Act (i.e. a demand that the digital content be brought into conformity with the Contract);
    • it is clear from the Service Provider's statement or the circumstances that it will not bring the digital content covered by the Terms and Conditions into conformity with the Contract within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES

  1. The Service Provider informs the Consumer of the possibility of using out-of-court complaint handling and redress procedures. The rules of access to these procedures are available at the offices or on the websites of the entities authorised to resolve disputes out of court. The Consumer may, among other things, seek assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes concerning cross-border purchases. The assistance of the European Consumer Centres is, as a rule, free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/ In addition, the following forms of support are available in the Republic of Poland:
    • mediation conducted by the locally competent Voivodeship Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the locally competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for the case to be heard before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  2. The preceding provision is for information purposes only and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
  3. The use of out-of-court complaint handling and redress procedures is voluntary for both the Service Provider and the Consumer.
  4. The Consumer may additionally use the free assistance of a municipal or district (poviat) consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. The Privileged Service Recipient has the right to withdraw from the Contract concluded with the Service Provider within 14 days without giving any reason.
  2. The withdrawal period expires after 14 days from the day of conclusion of the Contract.
  3. In order to exercise the right of withdrawal from the Contract, the Privileged Service Recipient must inform the Service Provider of their decision to withdraw from the Contract by means of an unequivocal statement (for example, a letter sent by post or e-mail). For this purpose, the Privileged Service Recipient may use the Service Provider's details provided in § 2 of the Terms and Conditions or use the withdrawal function referred to in section 4.
  4. The Privileged Service Recipient may exercise the right of withdrawal from a contract concluded via the Internet using the withdrawal function available on the website https://zwroty-shoper.pl/019ecfec-0acc-72be-a8f2-23f2f4c204c9/magall/pl_PL. If this function is used, the Service Provider will, without undue delay, send the Privileged Service Recipient an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail), including its content and the date and time of its submission.
  5. The Privileged Service Recipient may use the model withdrawal form placed at the end of the Terms and Conditions, however this is not mandatory.
  6. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send the communication concerning the exercise of their right of withdrawal from the Contract before the withdrawal period has expired.

§ 7 PERSONAL DATA

  1. The controller of the personal data provided by the Service Recipient in connection with the Contract is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including the other purposes and legal bases of data processing, as well as the recipients of the data – can be found in the privacy policy available in the Shop – owing to the principle of transparency contained in the General Data Protection Regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purposes of processing the Service Recipient's data are:
    • performance of the Contract; the legal basis for the processing of personal data in this case is the Contract or steps taken at the Service Recipient's request prior to entering into it (Article 6(1)(b) GDPR);
    • analysis of the effectiveness of messages sent under the Contract, in order to establish general rules for effective mailing in the Service Provider's business; the legal basis for the processing of personal data for this purpose is the Service Provider's legitimate interest (Article 6(1)(f) GDPR);
    • establishing, pursuing or defending any claims related to the Contract; the legal basis for the processing of personal data for this purpose is the Service Provider's legitimate interest (Article 6(1)(f) GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the Contract and to supply the digital content covered by it. Failure to provide the data will mean that the Contract cannot be concluded and the Service Provider will not supply the digital content covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Contract ceases to be in force;
    2. the possibility of the Service Recipient or the Service Provider pursuing claims related to the Contract ceases;
    3. the Service Recipient's objection to the processing of their personal data is accepted – where the basis for the data processing was the Service Provider's legitimate interest
    – whichever applies in a given case.
  5. The Service Recipient has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. erasure,
    4. restriction of processing,
    5. transfer of the data to another controller as well as the right:
    6. to object at any time, on grounds relating to the Service Recipient's particular situation, to the processing of personal data concerning them which is based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
  6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient considers that their data are being processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE NEWSLETTER

  1. The Service Provider reserves the right to amend the Terms and Conditions only for important reasons. An important reason is understood as the need to amend the Terms and Conditions due to:
    1. a change in the functionality of the Newsletter requiring modification of the Terms and Conditions, or
    2. a change in the law affecting the performance of the Contract by the Service Provider, or adaptation of the services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
    3. a change in the contact or identification details of the Service Provider.
  2. Information about a planned amendment to the Terms and Conditions will be sent to the Service Recipient's e-mail address provided when concluding the Contract at least 7 days before the changes come into force.
  3. If the Service Recipient does not object to the planned changes by the time they come into force, they are deemed to have accepted them, which does not constitute any obstacle to terminating the Contract in the future.
  4. If the Service Recipient does not accept the planned changes, they should send information to that effect to the Service Provider's e-mail address given in § 2 of the Terms and Conditions, which will result in termination of the Contract upon the entry into force of the planned changes.
  5. The Service Provider may make a change to the Newsletter that is not necessary to keep it in conformity with the Contract, for the reason indicated in section 1(b) or due to a change in the functionality of the Newsletter. The introduction of the change referred to in the preceding sentence will not involve any costs for the Privileged Service Recipient. The provisions of sections 2-4 apply accordingly.
  6. If the change referred to in the preceding provision significantly and negatively affects the Privileged Service Recipient's access to or use of the Newsletter, the Service Provider will send to the Privileged Service Recipient's e-mail address, reasonably in advance, on a durable medium, information about the characteristics and timing of that change and the rights of the Privileged Service Recipient in connection with that change.

§ 9 FINAL PROVISIONS

  1. The Service Recipient is prohibited from providing content of an unlawful nature.
  2. The Contract is concluded in Polish, English, Czech or Slovak – depending on the language version of the Shop used by the Buyer.
  3. A contract concluded on the basis of these Terms and Conditions is governed by Polish law, subject to section 4.
  4. The choice of Polish law for a Contract concluded with a Consumer on the basis of the Terms and Conditions does not exclude or limit the rights of the Consumer under the mandatory provisions of law that would apply to that Consumer in the absence of a choice of law. This means in particular that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law – such broader protection shall apply.
  5. In the event of any dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Contract, the competent court shall be the court having jurisdiction over the Service Provider's registered office.
  6. Any liability of the Service Provider in connection with the Contract towards a Service Recipient who is not a Privileged Service Recipient is excluded to the extent permitted by law.

Annex No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM (complete and return this form only if you wish to withdraw from the contract)

MAGA MARCIN GAJDA ul. Obrzeżna Północna 17B lok. 18, 41-400 Mysłowice e-mail address: biuro.maga@outlook.com

- I/We(*) ..................................................................... hereby give notice that I/we(*) withdraw from my/our contract for the provision of the following service(*) / for the supply of the following digital content(*): .............................................................................................................................................................................. .............................................................................................................................................................................. ..............................................................................................................................................................................

- Date of conclusion of the contract(*) .............................................................................................................................................................................. - Name and surname of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. - Address of the Consumer(s) / Privileged Entrepreneur(s): .............................................................................................................................................................................. ..............................................................................................................................................................................

............................................................................................. Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if this form is submitted on paper) Date ............................................

(*) Delete as appropriate.

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